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HomeMy WebLinkAbout2013-185 Contract - Evergreen Job & Safety Training Con6acff for Safety Training (CITY OF CONTRACTOR: Evergreen Job & Safety Training -ASH AND 20 East Main Street CONTACT: Jesse Langslet, President Ashland, Oregon 97520 ADDRESS: 328 Ironwood Circle, Roseville, CA 95678 Telephone: 541/488-6002 Fax: 541/488-5311. TELEPHONE: 916-742-1811- Cell: 916-224-0395 DATE AGREEMENT PREPARED: May 7, 2013 FAX: 916-742-1852 BEGINNING DATE: April 1, 2013 COMPLETION DATE: December 31, 2014 COMPENSATION:: Public Works Electric Department - APRIL 2013 to June 2013 $2,000.78/Month $1,953.95/Month July 2013 to June 2014 $2,080.81/Month $2,032.111Month Jul 2014 to December 2014 $2,164.04/Month $2,113.39/Month SERVICES TO BE PROVIDED: Safety Training Classes and Job Observations (crew audits) per the RFP and Evergreen's proposal attached as Exhibit C. Contract approved b Council December 18, 2012. ADDITIONAL TERMS: Contract term is two (2) years with the option to renew the contract annually for up to three additional years for a maximum term of five (5) years. Contract approved by Council 1211812012. This contract is being reassigned as of April 1, 2013 to the new owner of the company, Jesse Langslet, per the attached confirmation letters received from Douglas Lindstrom (previous owner) and Jesse Langslet (new owner). Workers' Compensation insurance is being waived because Jesse Langslet does not have employees and will be providing the services himself.G • Initial FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation:.City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of .City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,494 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen b all em to ees. Contracffor Safety Training, Page 1 of 5 4ndeannification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: L If City funding from federal,' state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. L Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for. by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or.under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to . this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them; and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a. regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract, 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the a uivalent, of not less than Enter Contract for Safety Training, Page 2 of 5 one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract.. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or .intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies. or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured. retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If,.however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized .representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as ExhibipA and herein incorporated b reference. Consultant: City of Ashland rr` Signaty+@- bebartment Head O j Print Name Print Name Title Date > L\i 1 y W-9 One copy of a W-9 is to be submitted with =t the signed contract. Purchase Order No.,,''! Contract for Safety Training, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATION.S: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to.be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue. Service (IRS) that it is subject to backup withholding as a result.of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the. Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax' laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: L/ (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. - (4) Labor or services are performed only pursuant to written contracts. - (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. . tractor (Date) v Contract for Safety Training, Page 4 of 5 1305-2409:30* JLANGSLET 9167421852» D41 48a DSZO r-."' 2n p~63`~S p OP 11): 7L ~ T® CC~C ATE OF UAM LI~~ II .U ~I1V U C O' IIY CE DAT05123113 YP) - 05/23/13 THIS cERTiFIOATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UFON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lr.lha c¢RlOcate holder is en ADDITIONAL INSURED. the gollcgQos} (Rust he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, cartain policies man require Bn endorsetnxYlI, A stateman4 on this certificate dams not confer rights to the ceRlfioato holder in Ilea orsuch endafse=rlt s - N ' 'RODUCER 202-283-4¢80 FAX 202 PHONE AC H jays AffIN4q Solutions -263a009 MAIL 133 20th St, IN.W, Suite 430 Vashington,DG 20036 EVERG-2 aarryF.Peters IH5VRRRSAFFORDIN000VERAGE HAILS' NSURED Evergreen Job & Safety INSURER A: Lloyds Of London Training INSURER B: Jesse Langslet w UREac: 328.1 ronWood Circle INSURER D: Roseville, CA 95678 INSURERE: ' COVE GES CERTIFICATE PLUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE uSTEO BELOW HAVE BEEN ISSUED TP 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 155UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS DF SUCH POLIG1aue~LIMITS SHOWN MAY HAVE BEEN REDUCC oBV P Po CLAIBMP, LIMITS HSR 'TYPEOF INSURANCE EACH OCCURRENCE $ 2,000,00 GENERAL LIABILITY 100,170 COMMERCIAL GENERAL LWeILnY PREMIS ooccut S - MEDEXP(AnYPnepamn $ 2,00 ralM9-MADE D OCCUR, $ 1302M FA080881) 02lOS193 02!06/tA pERSONAL6ADVINJURY 2,000,08 tt General Liability GENERAL AGGREGATE s 4,000,(10 PRODUCTS. COMPIOP AGG .1 excluded GEN'L AGGREGATE LIMIT APPLIES PEW 5 . X POLICY PRO- LOC COMBINED SINGLE LIMB $ AUTOMOBILE LIABILITY (Bnactld-1 _ ANY AUTO BODILY INJURY (Per person) 3 ALL OWNED AUTOS BODILYINJURY(Pt(Axldent) S SCHEDULED AUTOS PROPERTY DAMAGE $ (per.acciden[) HIREDAUT08 $ ' NON.OWNED AUTOS S EACHCCCURRENCG $ UMBRELLA LIAR OCCUR AGGREGATE EXOESa UAB CLANS-MADE $ DEDUCTIBLE $ N WG 6TATUG OTH- WORKERSCOMPENS 111 " AND EMPLOYERS'LIADILITY E.L. EACH ACCIDENT 5 ANY PROPRIETORIPARTNER/EXECUTIVE Y NIA 0992 R/MEABEN EXCLUDED? EL. DISEASE - EA EMPLOYE 5 (MenaA:ory In qN) qyef debu;te under EL DISEASE- POLICYLIMIT $ DESCRIPiIO r Anoxs 6elo'N 1302MFA0(]DIrdU 02106/17 03106/14 Pct Claim 2, A E40 Liability qq~~ ~~p~H~ hh L~qd A®®re9afe 4,800• Pd{r~Of0SS10nal (~~ra) y1'Irmo~nG%~~Ie reaulmdl This CaT] Cate a?Aln armnGO 501NVSes Only ssAevi ence 0 General Liability coverage. N IC Y 9ANQ CIT32AP SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Mike Morrison ' 9o N. Mountain Ave. AUTHORIi¢O REPRESENTATIVE Ashland, OR 97520 D 1988-2009 ACORD CORPORATION. ALi rights reserved. ACORD 28 (2009109) The ACORO name and logo aro registered marks of ACORD ' I Customer Copy - JESSE LANGSLET page 1 of 3 Customer name-JESSE LANGSLET Company: SF Mutual Address: 328 IRONWOOD CIR Servicing Agent: BRIAN WILSON ROSEVILLE, CA 95678-1025 Eff date: 05-20-2013 to 11-20-2013 Policy: 245 2615-E20-55A Description: 2013 FORD F250 SD PICKUP, Status: PAID ON SFPP VIN; 1FT7W2BT7DEA61418 SFPP S: 0369985612 Premium/Billing information Amount Due: ON SFPP - - Total premium:. 720.25 Last amount paid: 0.00 Previous premium: 622.74 Premium refund: 0.00 Additional P011oy DetaH$ Policyfol'm: 9805A - Coverage Details The premium amounts shown reflect a six-month olio term. Code Description Amount A Bodily Injury/Property Damage Liability 255.10 Limits of Liability-Coverage A-Bodily Injury. Each Person, Each Accident $100,000 $300,000 Limits of Liability-Coverage A-Property Damage Each Accident - $100,000 C Medical Payments 15.61 Limit of Liability-Coverage C Each Person - $5,000 0250 $250 Deductible Comprehensive 167.08 G1000 $1000 Deductible Collision 228,96 H Emergency Road Service 5.14 R1 _Car RentaUrravel Expenses 12.64 Limits of Liability - Car Rental Expense Each Day Each Occurrence 60% $500 U Uninsured Motor Vehicle - 31'44 . Limits of Liability-1.1 ' Each Person, Each Accident ' $100,000 $300,000 - U1 Uninsured Motor Vehicle Property Damage 4-27 Total: 720.25 .5/17/2013 https://sfnet.opr.statefartrt.org/sysapV/printOptionsAction.da .9r001 c]POC CT :Gn cTg7/~T/GUI Customer copy - Jp'SSE LANOSLET Page 2 of 3 Vehicle Deteiis . Year: 2013 ' Make: FORD Model: F250 SD - Body Style: PICKUP VIN: 1FT7W2BT7DEA81418 - MSRP base: 0.00 MSRP additional equip: 0,00 Odometer Information Odometer reading: $0. Odometer date: 04-2013 Discounts SUrcharges Description Discounts Multiple Line - HOMEOWNER$ Driver Safety Record California Gaad Driver . Multicar Loyalty vehicle Safety Surcharges NONE Nluttiple Line,Discount Qualifying policy type: HOMEOWNERS Assigned Client Information Name; JOLYNN BRITT Date Licensed: 04-01-198$ Date client added: 07-25-2012 Next driver record level: SR Next level date: 11-20-2018 Next level reason:. B YEAR CLEAN SLATE Aeeidertt Free information . Adjusted orig x-date: 11-20-2009 _ AccidenflViotation Information Name: JOLYNN BRITT - A_ccNiol date; 09-12-2012 Type: VIOLATION: 03-MINOR Accident,Hist_ary,_verifficatioq, Information Name: JOLYNN BRITT Verification date: 07-25-2005 . Household Driver Details JOLYPIRI BRITT Birth date: 0419-1972 Gender: FEMALE Marital Status: MARRIED License : D5352357 Date Issued: 04-01-1988 State/Peov: CA Expiration Pate: 0419-2017 Litenseclass: C-NCOM,GVWR<28001 https://sft et.opr.statefatm.org/sySapvlprintoptionsActiomdo 5/17/2013 i.. ..ur ~..u-a~nr+u+ i•nrv~Muir 7noolr.vncrt nT'nn cT071JT/CQ Customer Copy - JESSE LANGSLE'Z page 3 of 3 JESSE LANGSLET poou atlon: LINEMAN Birth date: 12-03-1977 p _ Gender. MALE Marital Status: MARRIED License: A8126642 Date Issued; 12-03-1993 State/Prov: CA Additional Interests Lienholders Code: 67695 FORD CREDIT PO BOX 7172 PASADENA CA 91109-7172 Additional Insured/L t;sors NONE Insurance Certificates NONE Endorsements Number Eff [?ate End Date Description 6127FF AMENDATORY ENDORSEMENT 6893PP AMENDMENT OF CAR RENTAL AND TRAVEL EXPENSES COVERAGES 6905AA AMENDMENT OF DEFINED WORDS, LIABILITY, MEDICAL PAYMENTS, UNINSURED MOTOR VEHICLE AND PHYSICAL DAMAGE COVERAGES AND CONDITIONS The Information on this document is presorted for general informational purposes only and is not Intended to serve as a declaration page or policy. State Farm Mutual Automobile Insurance Company, Bloomington, Illinois . org/sysa v/ rintOptiowActi6n.do 5/11/2013 httpsa/smet-oprstate_fatm.~lwnCMT.pNHJ 7IHI0 7CQPJ07MPO CT'ara ^Ta7./JT/CR a.n rs. n. -inu i Evergreen job &r. Safety Training, Inc. 328 Ironwood Circle Roseville, CA 95678 (916) 74271811' (916) 742-1852 evergreeiijobandsafety@gniail.com e To: City of Ashland Attn: Kariann Olson 90 N. Mountain Ave. Ashland, OR 97520 To Whom It May Concern, This letter serves as confirmation that I, Jesse Langslet, have purchased the business; Evergreen Job & Safety Training, Inc. from its previous owner Doug Lindstrom and took ownership on April 1, 2013. Furthermore, as the "assignee," I am accepting all the terms and conditions in the contract between the previous owner of Evergreen Job & Safety Training, Inc., Doug Lindstrom, and the City of Ashland for the term beginning January 1, 2013 and expiring on December 31, 2014. SincerelY,E Jesse Langslet 4/25/2013 EV .ERG.11RUE E N JOB & SAF ET rL RATI N T'IGTI Douglas J. Lindstrom - President 309 Knoch Avenue, Susanville, Califomia 96130 Office Phone: (530) 257-7812 Office Fax: (530) 257-8266 Home Phone: (530)'257-5657 April 30, 2013 Kari Olson Purchasing Representative City'of Ashland, Oregon 90 N. Mountain Avenue Ashland, OR 97520. Re: Proof of Business Sold Dear Kari: Jesse Langslet purchased Evergreen Job & Safety Training from Douglas Lindstrom on March 27, 2013. I hereby reassign the existing contract to Jesse Langslet, President/Owner of Evergreen Job and Safety Training. Enclosed is a notarized copy of our Purchase Agreement. Please call if you have any questions or require anything further. Sincerely, Douglas Lindstrom Encl.. i VERG- EEN JOB & S. 1 Y TRAP TG Douglas J, L ndst.om - President 309 KnochAvenue, Susanville, Califomia 96130 ' Office Phone: (530) 257-7812 Office Fax: (530) 257-8266 Cell Phone: (530) 251-7743 July 25 2012 City of Ashland Public Works 90 N. Mountain Ave. Ashland, OR 97520 Attn: Mike Morrison Re: Safety Training Proposal Dear Mr. Morrison: I appreciate the opportunity to present you with this proposal. As your Job and Safety Training Instructor, I will be dedicated to providing you with the. best possible service to meet the specific needs of the City of Ashland Public Works Department. This proposal is based on 12 programs per, year for the next three years, July 2012 through July 2015. Following is a break down of the price per month and the price per year: PUBLIC WORKS IDLPARTMXNT., Basic Rate f up to__6_F~ lo-y~ , July 1, 2012 - July 1, 2013 (No i(ncrease) Annual: $24,009.36 Monthly: $2,000.78 July 1, 2013 - July 1, 2014 Annual: $24,969.73 . Monthly: $2,080.81 July 1, 2014 - July 1; 2015 Annual: $25,968.52 Monthly: $2,164.04 This includes all of my expenses, including Administration, Record Keeping, Program Development, Travel, Lodging, Meals, etc. Certain additional Training Materials such as CPR/First Aid and Traffic Control Training Manuals will be billed to you at my cost. I will discuss the cost of these materials with you prior to supplying any. of them to your employees. If this proposal meets your approval, please sign and return one copy of the enclosed `Basic Services. Agreement". I look forward to serving you in this capacity. Please call if you have any questions and thank you again for this opportunity. Sincerely, . Douglas J. Lindstrom President/Instructor EVERGREEN JOB SAFETY T INIING. Douglas J. Lindstrom -President 309 Knoch Avenue, Susanville, Califomia_96136 Office Phone: (530) 257-7812 Office Fax: (530) 257-8266 Cell Phone: (530) 251-7743 PROPOSAL CONTENTS Title Page/Cover Letter To: Kari Olson Purchasing Representative 0 City of Ashland, Oregon 90 N. Mountain Avenue Ashland, OR 97520 From: Evergreen Job & Safety Training - Established in January of 2000 Douglas Lindstrom, President 309 Knoch Avenue Susanville, CA 96130 Ph: 530-257-7812 Fx: 530-257-8266 Date: November 20, 2012 .To Whom It May Concern: Evergreen Job & Safety Training would be pleased to continue to work with the City of Ashland Public Works and Electric departments. We have enjoyed working with you and are, willing to accommodate your needs asset forth in the RFP and as described in the attached proposal. We plan to continue to conduct business in a straight forward, honest, and professional manner. We appreciate the opportunity to present you with this proposal. Please call if you have any questions. Warm Regards, Doug Lindstrom Table of Contents Qualifications and Experience p3 Public Works Safety Training Classes & Timeline p4 Fee Schedule p4 Electric Department Classes & Timeline P5 Fee Schedule P5 Safety Training Classes Offered p6 References p7 Contract Terms & Conditions p7 Exhibit A P8 Exhibit B P9 Addendum #1 pgs 10-11 i I 2 Qualifications and Experience Evergreen Job & Safety training is committed to providing the best possible service at a reasonable price. We provide an on-site safety training program that meets NEC, APPA, Federal and State OSHA training' requirements: We have an extensive Video Library and many programs to offer as you will find below. We also offer: Accident Investigation, NRECA Accreditation Observation, Pole Climbing Training, and a Safety Program for Office Personnel. Evergreen Job & Safety Training uses the Medic First Aid training program to teach CPR/First Aid, Bloodbome Pathogens and Automated External Defibrillation. We are also certified as a Train-the- Trainer for Medic First Aid. Other certifications we hold are: Certified Occupational Hearing Conservationist (CAOHC), Accredited Observer Certification, 1910.269 Train=the-Trainer Certification, Confined Space Entry Certification, and Supervisor Safety Training Certification. Instructor: Doug Lindstrom As an introduction, I would like to give you a little background. I have been providing Job and Safety Training services as Evergreen job & Safety Training since. January, 2000. Prior to that, I retired from over 25 years as a lineman/foreman to work for Ruralite Services from November, 1996 to December, 1999. I am currently working with 15 utilities/municipalities in California and Oregon. It is this experience, in addition to the reputation that I have developed with my other clients, that ensures me that I can give you a quality product for your. investment. As your Job and Safety Training Instructor, I am prepared to conduct one safety meeting a month for the Electric Department and one meeting a month for the Public Works Department. The safety meetings are typically in the mornings and the observations, inspections, etc. are performed in the afternoons. I will work with the Supervisors to develop a course curriculum that meets the needs of each department and law requirements. A typical meeting consists, of. 1) Accidents and near misses - I bring any relevant accidents I hear of in the industry. They are discussed with students and we draw whatever lessons may be learned from the real-life incidents. 2) Lecture and discussion on selected topic (usually involves, handouts, Power Point slide shows and relevant videos) 3) Hands-on training (if required for selected topic) 4) Job Observations -I either drop-in on jobs already in progress or go out with the crew. I record my observations looking for any hazards or violations in a non-threatening manner. Discussion takes place and I try to make it a learning experience for all involved. The observations are then typed and sent to the company with pictures. 5) Building and Grounds Inspections performed as needed or requested. I inspect the property looking for violations; safety hazards, or anything concerning. My findings are typed and sent to the company with pictures. I will supply needed training materials and my curriculum is in compliance with Org/OSHA, Fed/OSHA,.and NEC. A "Course Tracking Form" is filled out at each class. The original is left with the company and I keep a copy on file in my office. 3 Public Works Safety Training Classes and Timeline: Thursday momings 7-10am (length varies depending on subject matter),_ followed by job observations and inspections (as required and per request): January 2012: CPR/First Aid (AM/PM Classes) February 2012: CPR/First Aid (AM/PM Classes) March 2012: Hand & Portable Power Tools April 2012: To Be Determined May 2012: Trench Safety/Job Observation " June 2012: To Be Determined July 2012: Personal Protective Equipment/Job Observation August 2012: To Be Determined September 2012: ERP/Vault Rescue .October 2012: Confined Space November 2012: Emergency Action Plan December 2012: To Be D.eterrhuned Fee Schedule Twelve (12) Programs presented on one day per month. July 1, 2013 Basic Rate for up to 60 emplovees and twelve (12) Programs: $ 2,080.81 /Program Yearly Total at $2,080.81/ Program for twelve (12) Programs: $ 24,969.72 / Year Monthly Billing: $ 2,080.81 /Month The above rates are subject to a 4% annual increase set forth as follows: July 1, 2014 Basic Rate for up to 60 employees and twelve (12) Programs: $ 2,164.04 / Program Yearly Total at $2,164.04 / Program for twelve (12) Programs: $ 25,968.48 / Year Monthly Billing: $ 2,164.04 / Month The above rates are subject to a 40/o annual increase set forth as follows: July 1, 2015 . Basic Rate for up to 60 employees and twelve (12) Programs:' $ 2,250.60 / Program Yearly Total at $2,250.60 /Program for twelve (12) Programs: 27,007.02 / Year Monthly Billing: $ 2,250.60/Month Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to Evergreen supplying said materials. 4 Electric Department Classes and Timeline: Friday mornings 7am-12pm (length varies depending on subject matter), followed by job observations and inspections (as required and per request): January 2012: CPR/First Aid February 2012: Substation Training/Job. Observation March 2012: Flagging/Job Observation April 2012: Grounding/Job Observation May 2012: Trench Safety/Job Observation June 2012: Capacitors/Job Observation July 2012: Meter Installation/Job Observation August 2012: Personal Protective Equipment/Job Observation. September 2012: ERP/Pole Top & Bucket Truck Rescue October 2012: Confined Space/Vault Rescue November 2012'. Emergency. Action Plan December 2012: Hot Sticks & Personal Grounds Testing Fee Schedule Twelve (12) Programs presented on one day per month.. July 1, 2013 Basic Rate for 16 - 20 employees and twelve (12) Programs: $ 2,032.11 / Prop_ram Yearly Total at $2,032.11/ Program for twelve (12) Pro grains: $ 24.385.32 /Year Monthly Billing: $ 2,032.11 /Month The above rates are subject to a 4% annual increase set forth as follows: July 1, 2014 Basic Rate for 16 - 20 en2pZoyees and twelve (12) Programs: $ 2,113.39 / Program Yearly Total at $2,113.39 / Program for twelve (12) Programs: $ 25.360.68 / Year Monthly Billing: $ 2,113.39/Month July 1, 2015 Basic Rate for 16 - 20 employees and twelve (12) Programs: $ 2,197.0 / Program Yearly Total at $2,197.93 / Program for twelve (12) Programs: $26,375.16/ Year Monthly Billing: $ 2,197.93 /Month Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to Evergreen supplying said materials. 5 Safety Training Classes/All Classes We Offer for Public Works and Electric ]Departments G EN EkA]L SAFETY TECEMCAL TRAI[lNIN(1~7 1. Electric Power Generation, Transmission .1. Fault Current & Distribution 1910.269 (23 subjects). 2. Voltage Regulators & Controls 2. Personal Protective Equipment (PPE) 3. Rigging 3. Electrical Burns 4. Systems Protection 4. Workplace Violence 5. Meter Seizing & installation 5. Attitude & Safety Motivation 6: Transformer Connections 6. First Aid / CPR Care Plus -Adult / Child / Infant 7. Capacitors/Application & Installation 7. First Aid P CPR - Adult 8. Underground/Grounding 8. Bloodborne Pathogens 9. Personal Grounds Testing 9. Ergonomics 10. Emergency Response Procedure (Pole Top 10. Back Safety Rescue/Bucket Truck Rescue/Vault Rescue) 11• Electrical Safety (General) 11. Substation Safety 12. Job Safety Observation 12. Switching Procedures 13. Flagging 13. Bucket Trucks/Trouble Shooting 14. Confined Space Permit Required Training 14. Insulation & Grounding 15. Hand & Portable Power Tools 15. Live Line Tools & Maintenance 16. Mock OSHA Inspections , 16. Lightning Arrestor Training 17, Loss Control 17. Excavation/Backhoe Safety 18. Safety Accreditation Assistance 18. Electrical Bums 19. Housekeeping (Trucks / inside) 19. Boom Truck & Crane Safety 20. Rubber Gloving 20. Hot Stick & Personal Grounds Testing 21. NESC (1997 Edition) (Annual) 22. Accident Investigation 23. Chainsaw Safety 24. Powered Industrial Truck 25. Hazard Recognition 26. Hazard. Assessments on Site .27. Safety & Job Briefing 28. Eye Safety 29. Dog Bite Prevention 30. Tree Trimming - (non-qualified / 7 subjects) 31. Tree Trimming- (qualified) 32. Fiber Optic-Training 33. Stretching Program 34. Automated External Defibrillation Training 6 References The City of Healdsburg Contact: Todd Weismarm Office: (707) 431-3341 City of Ukiah Contact: Collin Murphy Office: (707) 467-2971 City of Ashland Electric Contact: Dave Tygerson Office: (541) 552-2307, -Columbia Power Cooperative Contact: Randy Sweek Office: (541) 934-2311 Direct: (541) 934-2743 Midstate Electric Contact: Steve, Hess .Office: (541) 536-7239 Contract Terms and Conditions Evergreen Job and Safety Training accepts the contract terms and conditions except for item 14d. We offer to sign a declaration,stating our vehicle is not used to perform work for the City of Ashland. Our vehicle only provides transportation for the instructor to your facility. It is then parked while services are provided. Additional automobile liability insurance is not required for the type of services that we provide. Evergreen Job and Safety Training also declares that it is eligible to participate in public procurement activities. We have never been debarred, suspended, disqualified or otherwise lawfully precluded from participating in any public procurement activity. 7 EXHIBIT A Request for Proposals SAFETY TRAINING Proposal Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for Safety Training, released on October 25, 2012. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the - requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the tenor and conditions found in the attached . contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, .materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby aelmowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affumative by initialing here: . The proposer hereby acknowledges receipt of Addendum Nos./,_, to this RFP. Name of Pro oser: D p )a-s L yx J,5 +1-o Business Address: 3®~ i < r1 O G 1 qV e- . ~Svsa !f lie GA 6 Ca h : Telephone Number: 50 - L Fax Number: S3 0 Email Address: o~¢a~~ EJe/JroenSa{e fy . c o. Authorized Signature: Gvd Gete~~t Y~ Printed/Typed Name: p v ~ a S L' n G S ~`D Title: n Yre s J e ~1 l sr~✓~for Date: I I f old ll sa - RFP -Safety Training (Onsite for Public Works & Electric Utility Departments). PJ EXHIBIT B Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affinh under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter,. that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws. In compliance with ORS 279A.110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my Imowledgc the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small* business enterprise certified under ORS 200.055, or against a business enterprise that is owned or controlled by.or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate Officer: " By:_ iM t J 9^~~` (8ignature ~o~w~a5 I ~a+sT/~ Print Name Title: ~lO.5 ; h S'f/v c jw- Date: k0 RFP - Safety Training (Onsite for Public Works & Electric Utility Departments) Request for Proposal SAFETY TRALNING ADDENDUM #1' The purpose of this addendum is to provide additional information and answers to questions that have been received in response to this RFP. . uestion: Is it okay to present full day classes, or is there a preference to present half-day ' sessions? (ie: 1 class over 2 days) Answer: Public Works -1-2 Hour training sessions are preferred. Electric Utility - Meetings should be kept to under two hours. Certain material may require a longer schedule, however it should be limited when possible. ,Question:. PW -Boom Truck/Crane Safety-Do you have the make/model orpictures ofthe equipment? Answer: Public Works-- There are no boom trucks in the Public Works fleet. Cranes - %4 to 1/2 ton jib hoist cranes and trolley cranes up to 4 tons Question: Electrical - BoomTruck/Crane Safety- Do you have the make/model or pictures of the equipment? Answer: 1998 Freightliner FL80 2003:International 4300, LRV55 Altec, 2000 Ford B350 w/Altec A200SV 2003 Ford F550 w/Altec AT 37G 2005 Ford F-550 Altec AT37G 2008 International Line Truck 2011 International Line Truck puesfion: Job Observations - Is this for behavioral purposes or job hazard analysis? Answer: Public Works-Both . Electric. Utility - Hazard Analysis Question: What level of training is required (initial level, awareness level, or refresher level)? Answer: Public Works - 90% Refresher, 10% Initial for new.hires Electric Utility - Awareness and refresher unless we have a new hire they may need initial. (i.e. flagger certification) RFP - Safety Training, Addendum #1 2 10 PGA Additional information: Late proposals will not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland and verify that your method of shipment will arrive prior to the due date and time. The following Workers' Compensation extraterritorial reciprocity information map is being provided as additional information. If the successful proposer has employees, Workers' 'Compensation insurance will need to be maintained during. the term of the contract. Uu ked States ex1`raterPrRorrial reciprocity Nnfforration map Bast updated: 8-21-12 , . NOV y t http://www.cbs.state.or.us/wcd/compliance/ecu/etmap.html Please review, sign, and return this addendum with the RFP documents. II acknowledge receipt of ADDDENDiJM 41. Signed by: Date; Printed name: IOov51a.S i r~ jsfro /Y] Title: Pies Qer~ r)t,-UC+C)Y- kirm: C~er9/een J a SaTe RFP - Safety Training, Addendum #l 1' 9 2.; ' I I j Page 1 / 1 ' CITY O F CITY RECORDER ACi_ ii AND DATE PO NUMBER' 9 7` . 200 E MAIN ST. L 7/24/2013 11729 ASHLAND, OR 97520 (541) 488-5300 - VENDOR: 017707 SHIP To: Ashland Fleet Maintenance EVERGREEN JOB &SAFETY TRAINING (541) 488-5358 328 IRONWOOD CIRCLE 90 N MOUNTAIN ROSEVILLE, CA 95678 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net - Dept.: Req. Del. Date: Contact: Stu Wilkie Special Inst: Confirming? NO °Quanti Unit. - Descn ; Unit Price- '-`Exfr Pace: - 12.00 Mo Safety Traininq - Public Works - FY 2014 2,080.81 24,969.72 Contract for Safety Traininq Beqinninq date: April 1, 2013 Completion date: December 81, 2014 Contract may be extended annuallv for up to three (3) additional vears for a maximum term of five (5) years. SUBTOTAL 24 969.72 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 24,969.72 ASHLAND, OR 97520 `Account Numben, Project NuinLier_, , .a Amount., :.Account Number Project Number, ; -,-Amount ; 'E 410.08.24.00.61040 24 969.72 VENDOR Authorized Signature COPY FORM#3 CITY OF A i for a Purchs-ISe Order . ASHLAND REQUISITION Date of request: x/10713 Required date for delivery: Vendor Name Evergreen 1nh & Safety Address, City, State, Zip 328 Ironwood Circle Contact Name & Telephone Number Roseville, Ca 95678 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement - Cooperative Procurement Less than $5.000 Request for Proposal (Copies o file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Wdtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract If GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #a, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75,000 ❑ Agency ❑ Form #g, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Wdlten quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form 9, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 6 Safety Training for July thru December 2013 du~ 4}2004"88 TOTAL COST ❑ Per attached quote/proposal $1 66' Project Number Account Number E410.08.24.00.610400 ~ Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee Signature: Department' Head Signature: Y11>~k~~ J ~.r (Equaltgorgreaterthan$5,000) City Administrator: ~ - ( ual to or greater thag$25,000) Funds appropriated for current fiscal year NO d \ 5 1 I Final ce` irector-(Equairo or greater than $5,000) Dat& Comments: Form #3-Requisition