HomeMy WebLinkAbout2013-366 Contract - Phenix Consulting & Education
Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT: Phenix Consulting & Education, Inc.
-ASH LAND CONTACT: Charlie Phenix
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1985 Kelly Way, Grants Pass, OR 97527
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-450-3785
DATE AGREEMENT PREPARED: October 11, 2013 EMAIL: Phenixcp1985@gmail.com
BEGINNING DATE: October 14, 2013 COMPLETION DATE: June 30, 2015
COMPENSATION: Not to exceed $15,000.00 - Costs for materials and services per proposal attached as
Exhibit C.
SERVICES TO BE PROVIDED: Incident Command System Training per proposal attached as Exhibit C.
ADDITIONAL TERMS: Workers' Compensation is being waived ecause the consultant does not have
employees and will be performing all the work himself. (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 findingsand;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 banded 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 wiii 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 $19,825 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 by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses; claims, actions, casts, 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 Iimited'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 an time b mutual consent of both parties.
Contract for Personal Services, Revised 06/30/2013, Page 1 of 6
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, eligiblefor 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.
i. 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: Consultantis 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 equivalent, of not less than Enter 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 Liability 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.
Contract for Personal Services, Revised 06130/2013, Page 2 of 6
e. Notice of cancellation or chance. 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 beitificates prior to'commencmg work'under this contract. The certificate will
specify all of_th'e parties who ate Additional Insureds: Insu'ring'•corn panies or'entities ate subject to the City's
cceptance. If requested; complete'copies of insurance policies;'trust agreements; etc. shall be provided to the
acceptance.-
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 attrbutable'fo work performed after the
last day of the'cu'rrent 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 Exhibit A and herein incorporated b reference.
onsultant: City of Ashland
By By
Signature Depart ent Head
Print Name Print Name
D to-2a-i3
Title 4 Date
W-9 One copy of a W-9 is to be submitted with
the signed contract.- Purchase Order No. l /
Contract for Personal Services, Revised 06/30/2013, Page 3 of 6
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: 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:
✓ (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.
uz
(Date)
Contractor
Contract for Personal Services, Revised 06/3012013, Page 4 of 6
PHENIX CONSUTLING & EDUCATION, Inc. 541-450-3785 October 8, 2013
"Chance Favors the Prepared Mind"
John Karnes, Fire Chief, City of Ashland
We met on October 7, 2013 to discuss a future contact for Incident Command System Training. The
comments below address each task as we discussed. All quotes included travel time/cost from Grants
Pass. Quotes do not include the cost of materials/supplies.
The tasks:
Develop refresher training curriculum for command & general staff & EOC positions to ensure
sustainment of competency. ART Group and Chief Karns to do an a~ssess\ent of need.
o Develop and deliver functional training in these areas: Operations, , Planning, Logistics,
and Finance/Admin.
Operations - 2 hrs. - $350.00 + cost of mate als J
• Planning- 2hrs. =$350.00+costofmater ia I*'s U
• Logistics - 2 hrs. = $350.00 + cost ofmaterials
Command/Finance/Admin.. 2 hrs..= $350.00 + cost of materials
Assist with development of operational procedures with tfie ART group for the City's EOC to
allow implementing the components of the the EOP, introduci g Emergency Support Functions
(ESF). L .j o Review current EOP operatinew roles and responsibilities of EOC personnel.
Overview.of:ESF roles and responsibilities-2 hrs. = $350+cost of materials
• / \ \
Developa table top exercise.)
o Plan, organ zi e\ t\\ ollowing exercises (with ART group):
o OneGble-top in February 2014 for department personnel, 3-4 hours long - $1350,
\
includes ,preparatio n and materials.
o One Functional EOC exercise for May 2014, 6-7 hours - $2500 + materials, includes
epaati~~and additional facilitator(s).
\Attend meetinng~ requ
uested at $65 hr. including travel from Grants Pass.
Charlie Phenix, Phenix Consulting & Education, Inc.
1985 Kelly Way Grants Pass, Or. 97527
PhenixcP1985@gmail.com
PHENIX CONSUTLING & EDUCATION, Inc. 541-450-3785 October 15, 2013
"Chance Favors the Prepared Mind"
John Karns, Fire Chief, City of Ashland
We met on October 7, 2013 to discuss a future contact for Incident Command System Training. The
comments below address each task as we discussed. All quotes included travel time/cost from Grants
Pass. Quotes do not include the cost of materials/supplies.
The tasks for the remainder of 2013 and by June 2014:
Develop refresher training curriculum for command & general staff'&,EOC pasrtions [o ensure
A ~
sustainment of competency. ART Group and Chief Karnns~s~ ado an assessment-of need.
o Develop and deliver functional training in these- areas::::: peratioPlanning, Logistics,
and Finance/Admin.
• Operations - 2 hrs. _ $350.00+ cost of materials
• Planning-2 hrs. _ $350.00,+xost ofi' terials
• Logistics - 2 hrs. _ $350:001+'~c` st~wf rnl?erials
'j 2'
• Command/Finance/Admin. - 2 fir 35 0 + cost of materials
Assist with development of operational procedures with the ART group for the City's EOC to
allow implementing the component o€the EO„P Jlntroducing Emergency Support Functions
(ESF).
o Review currrent E rating pJ;~ Review roles and responsibilities of EOC personnel.
Overview of ESE,roles`'a esponsibilities-2 hrs. _ $350+cost of materials
a a'
•~~Deveto ;a+table topVexercise.
o PIk -btgaan an cute the following exercises (with ART group):
4Onetable top irrF~ebruary 2014 for department personnel, 3-4 hours long - $1350,
includdees'rre aration and materials.
o One F6 ctionat EOC exercise for May 2014, 6-7 hours - $2500 + materials, includes
rRi
preparation, and additional facilitator(s).
~r
ttenA eetings as requested at $65 hr. including travel from Grants Pass.
t estimated for the time period of July 2014 through June 2015-similar tasks will be
completed for the 2014 cost plus approx. 10%.
Charlie Phenix
Charlie Phenix, Phenix Consulting & Education, Inc.
1985 Kelly Way Grants Pass, Or. 97527
Phenixco1985CdRmail.com
STATE FARM FIRE AND CASUALTY COMPANY
d!E f9YP.
ASTOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS DECLARATIONS
ouPO°-e 5VVA 9 6 32 7-500 0 Poliry Number 97-BC1-6943.2--
~Renlaces Number 97-BJ-A179-3
Policy Period Effective Date Expiration Data
1-15-2310-FA.E6 F N 1 Year JUL 28 2013 JUL 28 2014
01,01 3u3 The pollGy period begins and ends at 1'2:01 am standard
Named Insured time atthe premises tocaton.
PHENIX CONSULTING 8 Agent and Mattingg Address
EDUCATION INC SHANE CUNNINGNAM INS AGCY INC
1985 KELLY WAY 820 S RIVERSIDE AVE
GRANTS PASS OR 97527-5133 MEDFORD OR 97501-7840
PHONE: (541) 772-3040
Office Policy
Automatic Renewal - If the policy period is shown as 12 months, this policy will be renewed automatically subjectto the premiums, rules and
forms in effect for each succeeding policy period. If Iris policy is terminated, we will give you and the Mortgagee/Lienholder written notice in
compliance with the policy provisions or as required by law.
Entity:
Total Estimated
Premium $ 305.00
Minimum Premium
Audit Period: Annual
Discounts Applied:
Renewal Year
Years in Business
Claim Record
Prepared
JUL 11 2013 T Copnight State Fann Mutual Automobile Insurance Company, 2008
CMP-4000 Includes copyrighted meteriai of insuracce Services Office, Inc, with its permission.
000013 lei I Continued on Reverse Side of Page Page 1 of 7
E e
SZ bUt.`12 E:.31 M1 Io 13,231e1
51a;ePo~r, M 0013
DECLARATIONS (CONTINUED)
Office Policy for PHENIX CONSULTING &
Policy Number 97-BQ-D943-2
SECTION II - LIABILITY
LIMIT OF
COVERAGE INSURANCE
Coverage L - Business Liability $1,000,000
Coverage M - Medical Expenses (Any One Person) $5,000
Damage To Premises Rented To You $300,000
LIMIT OF
AGGREGATE LIMITS INSURANCE
Products/Completed Operations Aggregate $2,000,000
General Aggregate $2,000,000
Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable
annual period. Please refer to Section II - Liability in the Coverage Form and any attached endorsements.
Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other
forms and endorsements that apply, including those shown below as well as those issued subsequent to the
issuance of this policy.
FORMS AND ENDORSEMENTS
CMP-4100 Businessowners Coverage Form
CMP-1237 Amendatory Endorsement
CMP-4819.1 Unauthorized Business Card Use
CMP-4705 Loss of Income & Extra Expnse
CMP-4713 Excl Testing Consulting E&O
CMP-4710 Employee Dishonesty
CMP-4709 Money and Securities
CMP-4706 Back-Up of Sewer or Drain
CMP-4704 Dependent Prop Loss of Income
CMP-4703 Utility Interruption Loss Incm
FE-69991 Terrorism Insurance Cov Notice
CMP-4684 Add! !nsd Owners Lessee Sched
FD-6007 Inland Marine Attach Dec
Prepared
JU L 11 2013 Cap r,pnr, S nee f rm f7uturJ Automobile Insarenre romnphny. 200E
CMP-4000 I""=lodes copyr ghled maternl of :nsera ;ce Serr.cas office,!nc. with is permission.
900015 291 Continued on Reverse Side of Page page 5 of 7
E
Independent Contractor Agreement
Charles F. Phenix, dba Phenix Consulting & Education, Inc. (hereafter "Phenix Consulting &
Education Inc."), and City of Ashland Fire & Rescue, (hereafter AMR) hereby enter into this
Agreement, in good faith.
This document contains the entire Agreement between the parties and supersedes any previous
understandings, commitments, or agreements, oral or written, with respect to the subject matter
hereof. This Agreement shall not be varied, except by an instrument in writing of subsequent date,
duly executed by authorized representative of each party. If any of the provisions of this Agreement
are found unenforceable, such finding will not relieve the parties from full compliance with all other
parts, which shall not be affected thereby. The validity, construction, Scope, and performance of
this Agreement shall be governed by the laws of the State of Oregon.
The Contractor agrees to provide instructional services on behalf of AMR as described in the
Statement of Work attached, for the rates described therein.
In fulfilling this Agreement, Contractor and AMR agree to the following:
1. That the Contractor, within ten (10) days of the conclusion of each training course for which
services are provided, will submit an invoice for authorized services rendered. The invoice
will include the date, location, course description, Contractor's role (Lead, Support or
Adjunct instructor), and rate for services rendered. The invoice will be mailed directly to
AMR for approval and processing.
2. That AF&R will make payment of invoices to the Contractor no later than twenty (20)
working days after receipt and approval. That payment will be mailed directly to the address
provided by the Contractor on the invoice.
3. That the Contractor's business relationship to AF&R is as strictly an independent Contractor.
That the Contractor may not participate in any AMR benefit plan, investment plan,
retirement plan, leave benefit, or other similar programs.
4. That AMR will not make any deductions from the Contractor's invoices for federal, state, or
municipal income taxes or Social Security taxes.
5. That Contractor will provide AMR with a W-9 form and that AMR will report to the IRS the
total annual compensation paid to the Contractor, and provide an annual Form 1099 to the
Contractor as required by law.
6. That. it is the responsibility of the Contractor to provide his or her own professional liability,
health, automobile, and worker/disability compensation insurance.
7. That it is the responsibility of the Contractor to maintain certification to instruct the courses
described in the statement of work as required by relevant state and federal accreditation
agencies, and provide documentation of such certification to AMR upon request.
8. That the Contractor is responsible to supply and maintain their own laptop computer with
the necessary software to conduct training sessions. The software will include Power Point.
9. That this Agreement is for the duration required to complete the instructional services
detailed in the Statement of Work attached.
10. That this Agreement may be terminated by either the Contractor or by MCEM, at any time,
by providing written notice, delivered to the other party at that party's address. That in such
an event, AMR shall pay the Contractor all compensation incurred up to the date of
termination of this Agreement.
11. That the Contractor is in no way prohibited from performing work for other entities
provided such work does not interfere with their ability to achieve the results required
hereunder or present a conflict of interest. Any products developed by the Contractor will
remain the property of the Contractor.
AGREED:
zz,~
/s/ 6 Tn• jNma July 6, 2012
Charlie Phenix, Contractor Date
nn 1
John Karns, Chief AMR Date
s to form
/
t Page
t-`-~"~IORDER 1 1
CITY OF
-ACiir A NT. DATE PO NUMBER
20 E MAIN ST. L 10/24/2013 11945
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 015077 SHIP TO: Ashland Fire Department
PHENIX CONSULTING & EDUCATION (541) 482-2770
1985 KELLY WAY 455 SISKIYOU BLVD
GRANTS PASS, OR 97527 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: John Karns - Kimberlev Summers
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Incident Command System Traininq 15,000.00
Contract for Personal Services
Beqinninq date: October 14, 2013
Completion date: June 30, 2015
I
SUBTOTAL 15 000.00
BILL to: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT NO
541-552-2010 TOTAL 15,000.00
ASHLAND, OR 97520
Account Numbei Project Number Amount - Account Number, Project Number Amount
E 110.07.12.00.61060 15,000.00
VENDORCOPY
/3
Authorized Signature
FORM#3 CITY OF
=egt.iest for a Purchase Order ASHLAND
REQUISITION r Date of request: 10-11-2013
Required date for delivery: FY 2014
Vendor Name phcnix r_nnci R Fduratinn Lhadie PhPniy
Address, City, State, Zip 1985 Kelly Way Grants oass. Oregon 97527
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emeroenar
❑ 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 on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract If
❑ Verbal/Written quote(s) or proposal(s) ❑ Stale of Washington
Intermediate Procurement ❑ Sole Source Contract#
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 #4, Personal Services $5K to $75K Contract If
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
W 5 000 to 75 000 ❑ Form #9, Request for Approval ❑ Agency
Less than $35,000, by direct appointment Written quote or proposal attached Date original contract approved by Council:
❑ .
❑ (3) Written proposalsAvriften solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $51K to $75K Valid until: Date
Description of SERVICES Total Cost
Attend meetings as requested at $65 hr. including travel from Grants Pass.
$900.001$5,600.00= $6,500.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
Operations - 2 hrs. = $350.00 + cost of materials 1400.00
Planning - 2 hrs. = 5350.00 + cost of materials
Logistics-2 hrs. = 5350.00+cost of materials
Command/Finance/Admin. - 2 hrs. = $350.00 +
cost of materials
Overview of ESF roles and responsibilities - 2 hrs. = 350.00
$350 + cost of materials
Develop a table top exercise.
One table-top in February 2014 for department 3850.00
personnel, 3-4 hours long - $1350, includes
preparation and materials.
One Functional EOC exercise for May 2014, 6-7
hours - $2500 + materials, includes preparation,
and additional facilitator(s).
t
Form #3 - Requisition
TOTAL COST
Per attached quotelproposal $6,500.00
Project Number Account Number 110.07.12.00.610600
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. e"91%4
Employee: J4
~Ilr rvr Q~ ~P fr_D11V "'4) Department Head: '!AQ J V / (Eq I to or greater than $5,000)
Department Manager/Supervisor: City Administrator: ✓
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. / NO ~9 I t l _
Finance Director- (Equal to or grea er than $5,000) Date
Comments:
Form #3-Requisition -
CITY OF
ASHLAND
FORM #4 DETERNIINATIONS TO PRQCURE
,PERSONAL S)ZRWCjU(
$5;000. to. $75;000;
To: Dave Kanner, Public Contracting Officer
From: Fire Chief John Karns
Date: 1 /2 0
Re: DETERMINATIONS TO PROCURE PERSONAL, SERVICES
In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than
$75,000, the Department Head shall make findings that City personnel are not available to perform the
services, and that the City does not have the personnel or resources to perform the services required under
the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract
Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are
upheld.
Background
The department's intent is to use Phenix Consulting and Education training for Incident Command
Training from Charlie Phenix„
Develop training curriculum for command and general staff, EOC Manager, Operations, Planning,
Logistics, Finance and Command Staff.
• EOC Manger 4 hours
Operations 4 hours
• Planning 4 hours
• Logistics 4 hours
• Finance 2 hours
• Command Staff 2-3 hours
Assist with development of operational procedures for the City's EOC to allow implementing and
components of the EOC Other meeting or consultation as requested
EOC Training and setup will include Plan, Organize and Execute in the following exercises
• One Table-top for EOC Fall 2012- 2-4 Hours
• One functional EOC exercise for Early 2013 6-7 Hours
The estimated cost and amount budgeted is $,6-15616, 00. The timeline of the intended contract will be
through June 30, 20. j5
Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of
City personnel to perform the services, and that the City does not have the personnel and resources
to perform the services required under the proposed contract?
Due to the limited personnel and resources available in the City ofAshland, staffing is not available to
provide the training and development needed for the EOC
Form #4- Department Head Determinations to Procure Personal Services, Page 1 of 2, 8/10/2012