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2016-266 Contract - National Research Center
Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: National Research Center ASHLAND Made%etne yJJ,nslow CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2955 Valmont Road, Suite 300 Boulder, Colorado Telephone: 541/488-6002 80301 Fax: 541/488-5311 '30-a . 2 2 40- tv Q A 3 TELEPHONE: 2-82.-3-6@84- ,r^a d414k&e toxx-' DATE AGREEMENT PREPARED: EMAIL: aRm+a@n-r-c.com BEGINNING DATE: September 20, 2016 COMPLETION DATE: January 31, 2016 COMPENSATION: $17,370 (includes base survey, benchmark comparisons to university communities with populations from 10,000 to 40,000, demographic subgroup comparisons, open ended question) SERVICES TO BE PROVIDED: Citizen Survey ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said prima City of Ashland Contract. 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 ropertof «r` y A~t +htr exc 4*Xk oy% 4 4Lkk nAer,.als trt a-~Cd by C6,hs6kA-yea.Arpri f e-,Ip Cpl, (Ar6r W wi c41 Co l p wF rs ~1~►s Cit w s au ersk~p O.~ p~..worsk, a ropy roc t~h, 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 an 279C.530 are made part of his contract. M 8. Living Wage Requirements: If the amount of this contract is $20,283.20 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, 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 _ _ _ ant-by- t ="a nos ~ yes; ag~nts~ and nttmrs designated-bT'C,on rk ei-~ s r`^ onsultant shall not be held responsible for an losses, expenses, claims, subro ations, Contract for Personal Services less than $35,000.00, Page 1 of 5 ar:5'. n ! o~ the l'` Q~4 seer 's or- oL -rke Cov%.s,.~~-q,,,,k cs - k aweL a GA'«~-k.#.o gC e_ d « r a►~~v~-i~+ w h.- . K 9 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: 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 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: 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 equivalent, of not less than $250,000, 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 $200,000, for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $100,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services less than $35,000.00, Page 2 of 5 1 f 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, excluding Professional Liability and Workers' Compensation, 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. Cons Itant shall sign the certification attached hereto as Exhibit and herein incorporated by reference. Consultant: Cit Ashland By By Signature Dep ment Head ade~e'~he. L.%5 VLS Low Print Name Print Name . , V`ei1•f SOQ t~t40t Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services less than $35,000.00, Page 3 of 5 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. ~ /scat (o C ntractor (Date) Contract for Personal Services less than $35,000.00, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGIE PI'S per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) • - - - portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the projector the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services less than $35,000.00, Page 5 of 5 The National Citizen SurveyTm Quote for Ashland, OR 2016 BASIC SERVICE PLUS SELECTED ADD-ON OPTIONS The National Citizen SurveyTM (The NCS) is the premier citizen survey service from ICNIA and National Research Center, Inc. (NRC). It is turned to by more jurisdictions than any other service. The NCSTM basic service includes all aspects of conducting the survey; all printing and mailing costs, geocoding the sample to ensure that all addresses are within the city limits of Ashland, ongoing consultation with staff about the survey process, sample selection, preparation and mailing of a five-page survey to 1,500 households (with a confidence interval of 95% and an approximate margin of error of plus or minus 5%), data entry and analysis, community livability report, dashboard report, trends report and full technical appendices and the submission of an electronic dataset with final reports. NRC uses all best practice methods in survey research, including over sampling multi-family units to decrease non-response bias, using a multi-contact method to improve response rates, and statistical weighting of the survey data. All 2016 pricing listed below includes a 10% repeat client discount. Basic Service Cost The NCSTm Basic Service Instrument development; assistance with crafting custom questions; three part mailing of 1,500 pieces each (pre-notification postcard, and two waves of the survey with cover letters and postage paid return envelopes, all survey recipients will have the option to complete the survey online if they prefer, additional community-wide opt-in Web survey, data entry and analysis of returned surveys; draft report for review; final report that includes national benchmark comparisons, executive summary and detailed methods; electronic copies of the report and final dataset submitted electronically; technical assistance in understanding survey results via phone and email with key staffor The NCS $13,860 Custom benchmark comparisons Ratings and results compared to university communities with populations from 10, 000 to 40, 000 $945 Demographic subgroup comparison report Ratings and results compared by employment status, length of residency, annual household income, age and sex $810 One open-ended question Inclusion of one open-ended question added to the survey and subsequent data analysis $15755 Total Cost to Ashland Including the Basic Service and the options described above $179370 **Total Cost to Ashland in 2014.• $14,825 The National Citizen Survey'm @ 2016 National Research Center, Inc. 2955 Valmont Road, Suite 300 Boulder, CO 80301 303-444-7863 ncs@n-r-c.com www.n-r-c.com CERTIFICATE DATE (MM DIY" OF LIABILITY INSURANCE O99fo712416 THIS CERTIFICATE 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 poi'rcy(ies) must have ADDTIONAL INSURED provisions or 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 QEBBI E WORTHINGTON NAME: JEFF OGBURN, STATE FARM INSURANCE PHO NE all 303-530-0404 a No. 720-528-7934 WC, No. E. 2701 IRIS AVE STE N E-MAIL ADD S. BOULDER, CO 90304 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A._ - INSURED - WSURER 8, NATIONAL RESEARCH CENTER INC. INSURER C 2955 VALMONT RD STE 300 INSURER d : BOULDER, CO 80301-1360 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 INSURES] NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWrFHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH 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. INSR TYPE OF INSURANCE H D SUER ~POLICY EFF' POLICY EXP - INS-1) WVD POLICY NUMBER MMM01YYYY I EldITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE Le\j OCCUR DAMAGE TO REP 300,000 t ~ PREMISES (Ea ooaence) $ ! MED EXP (Any one person) $ 10,000 A Y 96-BU-3823-8 F 11116f2015 11/16/2016 _ !PERSONAL & ADV INJURY s 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: ; PRO- GENERAL AGGREGATE $ ~#,040,04U POLICY 7 JECT LOC 000 PRODUCTS -COMP/OP AGO $ ,0 19 P- OTHER:: AUTOMOBILE LIABILITY 227 9997-F21-06 0612112016 12/21 /21316 I CEaa acgidedslNGLE D LIMIT ANY AUTO BODILY INJURY (Per Parson) 2,400,000 A OWNED SCHEDULED ( I BODILY INJURY (Per accident) i S 2,4{)0,000 AUTOS ONLY AUTOS PROPERTY DAMAGE AILrfOs ONLY AUTOS o LY Per a0ddent $ 2,000,000 $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE s EXCESS LIAR CLAIMS-MADE AGGREGATE - S OED R I $ $ WORKERS COMPENSATION PER , CTH STATUTE - ER AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNERIEXECU7IVE ? E.L EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? IN I A (1Natttlatbry in NH) I E. L DISEASE - EA EMPLQYE $ If yes, describe under ' DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT S BUSINESS PROPERTY A 96-eU-3823 11/16/2016 11/1612017 $79,400 f DESCRIPTION OF OPERATIONS I LOCATIDNS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K mom space is required) RESEARCH THE CITY OF ASHLAND, OREGON AND ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES ARE LISTED AS ADDITIONAL INSURED- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUC1ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. 20 EAST MAIN STREET ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE C) U 1388 015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1401436 132849.12 43-16-2016 NAT1430 OP ID: MCI ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/07/2016 THIS CERTIFICATE 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 NEISEN BORTH AGENCY NAME: Marilyn Cox www.nbinsure.com HONE Ext1;303-781-6776 A/C No: 303-789-4409 333 W. Hampden Ave. Ste. 305 E-MAIL MCOX@nbinsure.com Englewood, CO 80110 ADDRESS: Todd Borth INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Insurance Company INSURED National Research Center, Inc. INSURER B : 2955 Valmont Road Ste 300 Boulder, CO 80301 INSURER C : INSURER D : 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. INSR TYPE OF INSURANCE DDL UBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE F OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab PHSD1096665 01/0112016 01/01/2017 Prof Liab 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Professional Liabilittyy ppolicyy includes Errors & Omissions Coverage of $2,000,000 each claim 0,000 annual aggregate, $5,000 deductible. The City of Ashland, Oregon and its elected officials, officers and employees are listed as Additional Insured with respect to the Professional Liability. CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE r © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DATE (MM/DD/MY) AC<30 Rf> 44., CERTIFICATE OF LIABILITY INSURANCE 09/08/16 THIS CERTIFICATE 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 have ADDITIONAL INSURED provisions or 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 Aon Risk Services, Inc of Florida NAME: Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive, Suite #1100 PHONE FAX Miami, FL 33131-4937 A/C, No, Ext : 800-743-8130 A/C, No): 800-522-7514 EMAIL ADDRESS: ADP.COI.Center@Aon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : New Hampshire Ins Cc 23841 INSURED INSURER B : ADP TotalSource I, Inc. 10200 Sunset Drive INSURER C : Miami, FL 33173 ALTERNATE EMPLOYER INSURER D : National Research Center Inc INSURER E : 2955 Valmont Road Suite 300 Boulder, CO 80301 INSURER F : COVERAGES CERTIFICATE NUMBER: 1476685 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. LIMITS SHOWN ARE AS REQUESTED. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ RENTED DAMAGE _7 CLAIMS-MADE ❑ OCCUR PREMISES (Ea occurrence) $ MED EXP An one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER! GENERAL AGGREGATE $ POLICY EIPROJECT FI LOC PRODUCTS - COMP/OP AGG $ OTHER $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION $ WORKERS COMPENSATION X PER OTH- A AND EMPLOYERS' LIABILITY Y I N WC 061139697 CO 07/01/16 07/01/17 STATUTE ER ANY PROP RIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ 2,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 21000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All worksite employees working for NATIONAL RESEARCH CENTER INC, paid under ADP TOTALSOURCE, INC 's payroll, are covered under the above stated policy. NATIONAL RESEARCH CENTER INC is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ll 0/z iAk 'e1CV&es, LIZC O ~O'tLtZ~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD rt : Purchase Order Fiscal Year 2017 Page: 1 of: 1 B City of Ashland - - I ATTN: Accounts Payable Purchase L 20 E. Main Order # 370 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us V NATIONAL RESEARCH CTR INC, NATIONAL CITIZEN S C/O Administration E SURVEY VALMONT ROAD H 20 East Main St N D SUITE 300 P Ashland, OR 97520 O BOULDER, CO 80301 Phone: 541/488-6002 R O Fax: 541/488-5311 303 444-7863 Ann Seltzer Da4rsisr~]sl~nsi1_ber=_gq~rrs = _ - - = - _ - 10/05/2016J 898 FOB ASHLAND OR City Accounts Payable Item = - Qes_anLl _ =-fl - - = - - e ridgy Citizen Survey 1 Citizen Survey 1 $17,370.0000 $17,370.00 Contract for Personal Services less than $35,000 Beginning date: September 20, 2016 Completion date: January 31, 2016 GL SUMMARY 010200 - 604100 $17,370.00 U Date: Author' e Signature = - $17,370.00 i FORM #3 CITY OF ASHLAND REQUISITION Date of request: ' ,f ; 'w 54"'/;1V Required date for delivery:' Vendor Name ~ t. Cr if (A' Address, City, State Zip Contact Name & Telephone NumberQ ~a6 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 Attach co of council communication -(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement dole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑--tritten 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 $5,000 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 proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost 1 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal E; Project Number Account Number - - r, - 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: /T Director Date Support -Yes /No By signing this requisition form, I certi that the City's public contracting requirements have been satisfied. Employee Department Hea LAIV- Equal to or greater than $5,000) Department Manager/Supervisor. `Q~ City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to or greater than 55,000) Date Comments: Form #3 - Requisition CITY OF ^ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, public contracting officer From: Ann Seltzer, management analyst Date: September 1, 2016 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 National Citizen Survey was developed by the National Research Center, Inc. and ICMA (International City/County Managers Association) to provide a statistically valid survey of resident opinions about their community and the services provided by local government. The National Research Center has a database of survey results from more than 500 jurisdictions throughout the country. This is the only survey administered with a database of that size and therefore the results can be compared to other jurisdictions. The City conducts a citizen survey every other year using the National Citizen Survey. Using the National Citizen Survey means that the data collected for Ashland can be compared to previous survey results and benchmarked against cities of similar size around the county. The 2016 survey will be the fourth survey. 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 City of Ashland does not maintain a database of survey results of other jurisdictions. This survey cannot be performed by existing personnel or resources. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 9/6/2016 FORM #7 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS PERSONAL SERVICES Less than $75,000 To: Dave Kanner, city administrator `~,r>'K_ From: Ann Seltzer, management analyst Date: September 1, 2016 Re: Sole Source Determination and Written Findings for Personal Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: ~'~roJ 4/7) 37 0 Project name: Citizen Survey Description of project: The National Citizen Survey was developed by the National Research Center, Inc. and ICMA (International City/County Managers Association) to provide a statistically valid survey of resident opinions about their community and the services provided by local government. The National Research Center has a database of survey results from more than 500 jurisdictions throughout the country. This is the only survey administered with a database of that size and therefore the results can be compared to other jurisdictions. Background: The City conducts a citizen survey every other year using the National Citizen Survey. Using the National Citizen Survey means that the data collected for Ashland can be compared to previous survey results and benchmarked against cities of similar size around the county. The 2016 survey will be the fourth survey. Findings: Market Research Overall finding: As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be Form #7 - Sole Source -Personal Services - Less than $75,000, Page 1 of 2, 9/6/2016 compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. [In accordance with ORS 279B.075, these are the examples of findings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured More than one finding can be addressed. The findings are as ollows. Pursuant to ORS 27913.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Pursuant to ORS 27913.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project N/A Pursuant to ORS 27913.075 (2)(d): Any other findings that-support the conclusion that the goods or services are available from only one source. As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Form #7 - Sole Source -Personal Services - Less than $75,000, Page 2 of 2, 916/2016 10/4/20.16 City of Ashland, Oregon - Agendas And Minutes City of Ashland, Oregon / City Council City Council - Minutes View Agenda Tuesday, September 20, 2016 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 20, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, and Marsh were present. Councilor Rosenthal arrived at 7:25 p.m. Councilor Seffinger was absent. MAYOR'S ANNOUNCEMENTS - None APPROVAL OF MINUTES The minutes of the Executive Session of August 15, 2016, Study Session of September 6, 2016, Executive Session of September 6, 2016 and Business Meeting of September 7, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Annual Presentation by the Airport Commission Airport Commission vice Chair Alan DeBoer and Commissioner Bill Skillman provided the annual presentation for the Airport Commission. Vice Chair DeBoer commented on the success of the 2016 Airport Day and the recent approval of the airport overlay. The Federal Aviation Administration (FAA) required a new master plan this year. The FAA would reimburse the City for the cost of the master plan after completion. Hangars previously rented were reverting to the airport and increased airport revenue dramatically. In 2019, it would increase another $28,000. He noted a vacancy on the commission and encouraged citizens to apply. Mr. Skillman explained the airport provided a base for wildfire fighting, search and rescue, and disaster relief distribution if needed. The airport offered avionic radio repair and occasionally served as a weather relief airport for Medford. On September 21, 2016, World War II PT17 warplanes would be available for public viewing and remembrance flights for veterans. Inquiries regarding the airport went through Skinner Aviation at 541-482-7675. 2. Presentation by ODOT Rail regarding the creation of quiet zones City Administrator Dave Kanner introduced Rick Shankle, Oregon Department of Transportation Rail and Public Transit Division, and Bob Colvin, general manager for the Central Oregon and Pacific Railroad (CORP) to speak on the formation of a "quiet zone" for train noise. http://www.ashland.or. us/Agendas.asp?Display=Minutes&AMID=6438&Print=True 1/6 10/4/2016 City of Ashland, Oregon - Agendas And Minutes Mr..Shankle provided the following information: • Railroad companies are required to sound their horns at crossings • Quiet Zones (QZ) is a Federal Railroad Administration (FRA) law that provides for an exemption that allows trains to not "routinely" sound their horn • QZ is at least one public crossing • QZ are 24 hours and provide an option for a limited quiet zone (which means only at night 10 p.m. to 7 a.m.) • Regardless of zones all safety requirements have to be in place • City would have to initiate the process and contact FRA and apply for the quiet zone which identified the crossings and determine any of these crossings had been involved in pre-quiet zones - can be complicated • Supplemental Safety Measure (SSM) would satisfy the requirement for a QZ • Is not aware of any grants available for QZ • Safety measure requirements vary depending on the crossing • Alternative Safety Measures (ASM) can be determined but have to be determined by FAA • QZ can be formed without approval by FAA • Wayside horns cannot be installed in lieu of crossing gates • At-grade crossings with crossing gates do not automatically qualify for a QZ • If the crossings meet or exceed FAA standards then a diagnostic study is not required but application process is still required • Provided some of the factors that are used by the FRA when determining the risk of vehicle/train collision risk • 11 QZ currently in place and several in the process for approval • Improvements are paid for by the community and provided examples from other communities Mr. Colvin explained changing train schedules might not always hinge on fire risks. CORP worked with the Federal Forest Lands who had asked them to move the schedule to night to reduce the risk of fire. The Federal Forest Lands were suffering from limited resources due to fire-fighting efforts in other areas. Mr. Shankle explained that creating a quiet zone might require closing a street. Mr. Kanner added the City currently had grant monies available to improve the crossing at Hersey Street and Laurel Street and noted that it might not be feasible to supplement safety measures due to encroachment on private property. Mr. Colvin further explained there was no formal policy but they were willing to work with the City on a diagnostic study. Mr. Shankle added ODOT could work with the City if the improvement required closing a street. Mark Decker/998 Clear Creek/Thought Council needed to determine if this was a problem that needed solving and if the City could actually solve the issue. He lived near the tracks and it was a problem for him. He submitted information into the record and noted that over 1,000 people were affected by train noise. Chris Peterson/1056 East Main Street/Explained that although he did not live close to the railroad tracks, the noise affected him. He shared his frustration that there was no set schedule and felt there was nothing he could do. He requested Council consider a study on a quiet zone and at least determine the cost. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6438&Print=True 216 10/4/2C 16 City of Ashland, Oregon - Agendas And Minutes Council directed staff to conduct a diagnostic study. PUBLIC FORUM - None CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Michelle Linley to the Housing and Human Services Commission 3. Sole source procurement - National Research Center for the Citizen Survey 4. Confirmation of Mayoral appointment of Interim Finance Director City Administrator Dave Kanner introduced Beverly Adams as the Interim Finance Director when Finance and Administrative Services Director Lee Tuneberg retired at the end of the month. Councilor Voisin pulled Consent Agenda item #3 for discussion. Mr. Kanner clarified the only item Council would discuss at the October 3, 2016 Study Session regarding the survey were the content of three additional custom questions the City was allowed to ask. Management Analyst Ann Seltzer added the City needed the contract to initiate the work with the National Research Center to conduct the survey and described the timeline. Councilor Rosenthal/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion approved. 1. Public hearing and first reading by title only of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan and zoning map designations for 150 North Pioneer Street from low-density multi- family residential (R-2) to commercial (C-1)" Community Development Director Bill Molnar explained in February Council directed staff to evaluate the zoning located adjacent and north of the City's public parking lot north of Pioneer Street. City Council in 1992 denied a similar request. The property line between the parking lot and the parcel was also the boundary between two of the City's four nationally recognized historic districts. Staff reviewed the site and noted changes that had and would occur. Traffic generation had increased 50% since 1992 on Pioneer Street. The Planning Commission and Historic Commission conducted advisory hearings and both recommended by unanimous vote to deny the application to avoid gradual creep of commercial zoning into the historic residential railroad district. Associate Planner Derek Severson provided a slide show depicting public parking lots in the downtown area, the subject property, and proximity to the parking. The zoning was currently R-2 and the applicant was requesting a change to C-1 commercial. The existing home was a primary contributing resource in the district. Currently there was a five-foot landscape buffer between the fence and the parked cars. People tended to congregate in the buffer with their dogs and guitars. The other side of Pioneer Street had intensified with a future art gallery, Ruby's Restaurant and Gils. The Plaza West building was the first phase of development in the parking lot. Eventually 89 more parking spaces would go in the area as well. Staff suggested reviewing zoning for 162 Pioneer as well although the Planning Commission and Historic Commission http://www.ashland.or.us/Agendas.asp?Disp lay= Minutes&AMID=6438&Print=True 3/6