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HomeMy WebLinkAbout2014-101 Contract - Interim Building Official Services Contract for PERSONAL SERVICES less than $35,000 CITY OF PROJECT NAME: Interim Building Official Services -AS H LAN D CONSULTANT: Building Department Services 20 East Main Street Ashland, Oregon 97520 CONTACT: Dale Bohannan, Patrick DeBenedetti Telephone: 541/488-6002 Fax: 5411488-5311 ADDRESS: PO Box 238, Rogue River, OR 97537 TELEPHONE: 541-821-3180, 541-944-3553 DATE CONTRACT FULLY EXECUTED: BEGINNING DATE: Aril 21, 2014 COMPLETION DATE: June 30, 2015 COMPENSATION: $75.00/Hour- Per proposal attached as Exhibit E SERVICES TO BE PROVIDED: Interim Building Official Services of up to four hours per week, The services to be provided are more particularly described in attached Exhibits D and E. Plan review and building inspection services to be provided on an on-call or as needed basis, as determined by the Citys Community Development Director. Interim building official, plan review and inspection services shall not exceed a total of $10,000 during the term of this contract. ADDITIONAL TERMS: Workers' Compensation is being waived because Contractor is a limited liability company whose members will be performing all the work themselves. See Exhibit C 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 contractor'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 CONTRACTOR 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: Contractor 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: Contractor 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: Contractor shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. Contractor is not authorized to proceed with the work until all initial Contract requirements, including the Contract and certificates of insurance, have been fully executed and submitted to City in suitable form. 5. Compensation: City shall pay Contractor 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 Contractor 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, Contractor 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. Contractor 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: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all lasses, 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 Contractor (including but not limited to, Contractor's employees, agents, and others designated b Contractor to perform work or services attendant to this Contract for Personal Services, Revised 06/302013, Page 1 of 6 ,contract). Contractor 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 Contractor, or at such later date as may be established by City under any of the following conditions: i. 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 ill. If any license or certificate required by law or regulation to be held by Contractor 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 Contractor 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 Contractor of default or breach may at any time terminate the whole or any part of this contract if Contractor 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, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Contractor is an independent contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. Contractor shall sign the certification attached as Exhibit A, which is incorporated herein by reference. 12. Assignment and Subcontracts: Contractor 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. Contractor 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 Contractor shall be in default of this agreement if Contractor: 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. Contractor shall at its own expense provide the following: a. Worker's Compensation Certificate of Insurance evidencing compliance with ORS 656.017 b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 per incident or occurrence and $2,000,000 in aggregate. 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 $1,000,000 for each occurrence and $2,000,000 in the aggregate 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 $1,000,000, for each accident and $2,000,000 in the aggregate for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services, Revised 06/302013, Page 2 of 6 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 Contractor or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. City must be named as an Additional Insured in Contractor's general liability insurance policy, but only with respect to Contractor's services to be provided under this Contract. Contractor's insurance must be primary and noncontributory and must provide that there shall be no cancellation, termination, material changes, reduction of limits of the insurance coverage without 30 days advance written notice from the Contractor's insurer to City. As evidence of the insurance prerequisites in this Contract, Contractor shall furnish acceptable insurance certificates prior to commencing work. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Contractor 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 Contractor 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. Contractor, 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. CONTRACTOR, 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. In the event of conflicts or discrepancies among the Contract Documents, the terms, conditions, and covenants in paragraphs 1 through 17 of this document will be the primary and take precedence, and any exhibits or supplementary letters, contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with paragraphs 1 through 17 of this document. 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. Contractor 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 Contractor, with no further liability to Contractor. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Contract for Personal Services, Revised 06/302013, Page 3 of 6 onsultanti City Of A hland BY l 7i 0 ~w By Signature % Department Head ^E->ALEf-`,>p"A&)uAt j ~itiMoir~Z_ Print Name Pint Name Title D e W-9 One copy of a W-9 is to be submitted with g3 the signed contract. Purchase Order No. AIROV`ED FORM Ashle Ity Attorney Dam A ' IC9- 1~ Contract for Personal Services, Revised 0 613 02 01 3, Page 4 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 i 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. Contractor (Date) Contract for Personal Services, Revised 06130/2013, Page 6 of 6 EXHIBIT C CITY OF ASHLAND WORKERS' COMPENSATION INSURANCE CERTIFICATION CERTIFICATION OF COVERAGE: Contractor will maintain Workers' Compensation insurance coverage for the term of the contract and will provide Certificate of Workers' Compensation Insurance before Project Beginning Date. CERTIFICATION OF EXEMPTION FROM COVERAGE: Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason (initial the appropriate box). SOLE PROPRIETOR ■ Contractor is a sole proprietor, and ■ Contractor has no employees, and ■ Contractor will not hire employees or subcontractors to perform this contract. X CORPORATION- FOR PROFIT ■ Contractor's business is incorporated; and ■ All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and ■ All work will be performed by the officers and directors; Contractor will not hire other employees or subcontractors to perform this contract CORPORATION - NONPROFIT Contractor's business is incorporated as a nonprofit corporation, and ■ Contractor has no employees; all work is performed by volunteers, and ■ Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP ■ Contractor is a partnership, and ■ Contractor has no employees, and ■ All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this contract, and ■ Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** LIMI'T'ED LIABILITY COMPANY ■ Contractor is a limited liability company, and ■ Contactor has no employees, and ■ All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this contract, and ■ If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** *NOTE: Under OAR436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 6 of 6 EXHIBIT D STATEMENT OF WORK Through this agreement Building Department Services agrees to perform Building Official duties for the City of Ashland. Building Department Services shall: 1. Comply with all requirements and regulations of the Oregon Revised Statutes and the Oregon Administrative Rules pertaining to the duties and responsibilities of a building official. 2. Provide a State of Oregon certified Building Official. 3. Have the building official available at City of Ashland offices to meet with staff and public at a regularly scheduled time of up to four hours per week or as otherwise determined by the Community Development Director. This may be amended to every other week upon mutual consent by Building Department Services and the City of Ashland Community Development Director. 4. Have the building official available as needed to serve on the board of appeals. 5. Provide to the City of Ashland a monthly request for payment to be submitted with a detailed spreadsheet listing the date and time spent. The City of Ashland shall: 1. Provide an office. 2. Provide at least one day notice of request if the building official is needed beyond the agreed to schedule. A PROPOSAL FOR Plan Review Services For•The City of Ashland, Oregon By Bi ilemg-Deparlinent Services LLC DESCRIPTION: This proposal is for Building Department Services LLC, a State of Oregon licensed third party provider, to perform Plan Review services in conformance with the City of Ashland's adopted Operating Plan and all applicable State and local.laws. SCOPE OF SERVICES: Building Department Services LLC will perform the following tasks: • Perform comprehensive plan review to facilitate compliance with applicable State of Oregon Specialty Codes for structural, mechanical and fire/life safety codes • Provide plan review coordination with City of Ashland Fire Services and Fire Marshall PROJECT APPROACH The above scope of work will be conducted by Building Department Service LLC principal Dale Bohannan and any staff specialists required. Plan review services will be conducted at Building Department Services' offices in Medford, Oregon. Building Department Services LLC is governed by, and complies with, Chapter 918, Division 90 of Oregon Administrative Rule. PLAN REVIEW: Building Department Services LLC will: • coordinate plan review functions with all applicants and design professionals • ensure compliance with applicable State of Oregon regulations regarding review time frames • review plans for compliance with State. of Oregon and Federal Governmerrt regulations for handicapped accessibility standards • perform plan review services only by State of Oregon certified personnel ' l o rr 2 ASSUMPTIONS: The City of Ashland has an approved, current operating plan fdd on file with the State of Oregon Building Codes Division All applicable forms will be provided by'Ae City of Ashland The City of Ashland has staff personnel to provide permit intake and permit issuance processes BDS will have access to City of Ashland Staff for code administration purposes PROJECT SCHEDULE Building Department Services LLC is available to begin providing requested services immediately and will perform outlined services until no longer requested by the City of Ashland. INSURANCES: Building Department Services LLC will provide professional liability and personal liability insurance in amounts meeting or exceeding that required by the State of Oregon for licensed certified third party providers. Building Department Services LLC will list the City of Ashland as an additional insured. COST OF SERVICES BDS will perform the above described plan review services and duties related to those functions, for $75.00 per hour. BDS services will be invoiced as requested by the City of Ashland. Mileage accumulated for the performance of normal code administration duties, are included within this proposal. Building Department Services LLC may be contacted at: Dale A. Bohannan Patrick DeBenedetti 3855 Dover Ridge Dr. Unit 16 P.O. Box 238, Medford, OR 97504 Rogue River, OR 97537 541.9443553 541.821.3180 daleb~labds.bz patd@bds.bz Respectfully Submitted: Dale A. Bohannan Principal For Building Department Services LLC 2oF 2 BUILDEP-01 WILLIE A`ORGY CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD/14 a/2z/zo a THIS CERTIFICgTE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the. terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the . certificate holder in lieu of such endorsement(s). - - ' PRODUCER CONTACT „y„--- NAME: Hagan Hamilton Insurance - - PHONE FAX PO Box 847 ac Eat 1503 472-2165 ac No): Mcminnville, OR 97128' E-MAIL - _ ' ADDRESS: INSURERS AFFORDING COVERAGE NAICN INSURER A: American States Insuranc Company INSURED INSURER B;Maxurn Indemnity Company Building Department Services, LLC INSURER c: PO Box 238 INSURER D: Rogue River, OR 97537 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 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 ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN ADD SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE L POLICY NUMBER MM/DDIYYYY MMIDDNYYY LIMITS In& two GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 01017118291 0810412013 08/04/2014 PREMISES Ea oco mnw $ 200,000 CLAIMS-MADE P OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,00 ,'GEN'LAGGREGATE LIMIT APPLIES PER:. GI - - - - PRODUCTS-COMP/OPAGG $ 2,000.00 _ X POLICY PRO LOC $ IPr.T AUTOMOBILE LIABILITY COMBINED $INGLE'LIMIT 1,000,00 A ANY AUTO 01C17118291 08/04/2013 08/0412014 BODILY INJURY (Per person) $ - ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ecciden) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO RETENTION$ $ H- VYC STAU- O WORKERS COMPENSATION T AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA !Mandatory I. NH) EI-.DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMB $ B Errors & Omissions PFP601332904 08104/2013 06/04/2014 E&O Limit 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) "'PROOF OF INSURANCE"" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Ashland 90 N Mountain Ave Wyal-Q- 161T'~-X. Ashland OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CITY OF CITY r tCV (~c~1Or Page 1 / 1 DATE"'_°PO NUMBER ASHLAND 9 20 E MAIN ST. 4/22/2014 12208 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018546 SHIP TO: Ashland Planning Department BUILDING DEPARTMENT SERVICES (541) 488-5305 PO BOX 238 51 WINBURN WAY ROGUE RIVER, OR 97537 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Bill Molnar Special Inst: Confirming? No Quanti -Unit Description a...: . _ . . ;Unit Priee . Ext Price Interim Buildinq Official Services 10,000.00 Contract for Personal Services Beginning date: April 21, 2014 Completion date: June 30, 2015 BILL To: Account Payable SUBTOTAL 10 000.00 TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,000.00 ASHLAND, OR 97520 Account Number, Project Number -Amount ~ Account Number. Project Number" - Amounb . E 110.09.28.00.60410 10,000.00 .I Authorized Signature VENDOR COPY FORM#3 CITY OF • ASHLAND REQUISITION Date of request: 04/17/2014 Required date for delivery: Vendor Name Building Department Services LLC Address, City, State, Zip PO Box 238, Rogue River OR 97537 Contact Name & Telephone Number Dale Bohannan 541-944-3553 / Patrick DeBenedetti 541-821-3180 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emeroencv ❑ 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# ❑ Verbal/Wdtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (45,6, 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 # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000Yo $75,000 ❑ Form #9, Request for Approval ❑ Agency R' Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Interim Building Official services. Not to exc ed $10;000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Project Number Account Number 110 -09.28.00.604100 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 p>rc ses- ITDi ctor Date Support-Yes/No By signing this requisition form,/ certify that the City's public contracting requirements have been satis d. I Employee: Department Head- (qual to or greater than $5,000) Department Manager/Supervisor: City Administrat (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equalto orgreaterthan $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #4 -AS H LAN D DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Bill Molnar, Community Development Director Date: April 23, 2014 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 Ashland Building Official, Michael Grubbs, resigned effective April 18, 2014. Oregon Building Codes Division requires the City of Ashland, as part of the City's Building Division Operating Plan, to employ an individual with a Oregon Building Official certification or have a current intergovernmental agreement or personal services contract with an agency or individual in possession of a building official certification. While the Community Development Department conducts its recruitment process to fill the building official position, interim building official services will be provided through a personal services contract with Building Department Services, located in Rogue River, Oregon. These services are desired starting April 21, 2014. Building Department Services (BDS) agrees to perform Building Official duties for the City of Ashland. BDS will also conduct plan review and building inspection services on an on-call or as needed basis, as determined by the City's Community Development Director. The cost of providing these services is estimated at approximately $5000. The Community Development Department budgeted $7500 for FY2014. Year to date expenditures for this budget line item totals approximately $4200.00-Consequently, the cost of providing these services could likely exceed the total amount budgeted for this line item. Attachments accompany the personal services contract that more specifically outline scope of services provided by Building Department Services. The need for interim building official services is expected through June 30, 2014 or closely thereafter depending on the success of the initial recruitment process. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 2, 4/23/2014 The contract term runs through June, 2015. This will provide additional flexibility to utilize inspection and plan revizw service should the need arise, similar to what is offered through existing intergovernmental agreements with the City of Medford and Jackson County. 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? The Community Development Department does not have an individual on staff that holds a State of Oregon Building Official certification. Form #4 - Department Head Determinations to Procure Personal Services, Page 2 of 2, 412312014