HomeMy WebLinkAbout2016-280 Contract - John Enders
Contract for PERSONAL SERVICES less than $35,000
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CONSULTANT. John Enders
~~s P CONTACT:
$ RECR~o340 S. Pioneer Street ADDRESS: PO Box 346, Talent, OR 97540
Ashland, Oregon 97520 TELEPHONE: 541-821-0929 ienders(cDjeffnet.orq
Telephone: 541/488-5340
Fax: 541/488-5314
DATE AGREEMENT PREPARED: March 30, 2016
BEGINNING DATE: April 15, 2016 COMPLETION DATE: August 15, 2016
COMPENSATION: $10,000
SERVICES TO BE PROVIDED: Historical portion of Lithia Park master plan
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 primary 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 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 $20,142.20 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 arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximate) caused b the negligence of City.
Contract for Personal Services, Revised 07/08/2014, Page 1 of 5
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 Compensatipn4 surance in compliance with O S 656.017, which requires subject employers to
provide Oregon workers I_eo pensation coverage for all their st bject workers
b. Professional", Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: q
$200,000, $500,000, $1 0,000, $2,000,000 or Not Applicable for eaah claim, incident or occurrence. This is to
cover damages ca d by error, omission or negligent acts related-Co the professional services to be provided
under this contr ct.
C. General Liability insurance with a combined single limit, or the equivalent; of not less than Enter one: r ? r
$200,000, $500,000, $1,00 00, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage.
d. Automobiles Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: ~i ~
$200,000, $500,000, 1 000 000 "Not Applicable for each accident for Bodily Injury and Property Damage,
Contract for Personal Services, Revised 07/08/2014, Page 2 of 5
including coverage for owed, hired or non-owned vehicles, as applicable.
e. , Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Consultant- City(ofAshland
By By
Signature Dep ment Head
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
APPRGVEED AS TO FORM
Ashland ss Cit}f At iji'l 644
Date
Contract for Personal Services, Revised 07/08/2014, Page 3 of 5
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.
f F 4 t
Contractor (Date)
Contract for Personal Services, Revised 07/08/2014, Page 4 of 5
NSy<
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"'i REGR~a~FORM #4
DETERMINATIONS TO PROCURE
PERSONAL SERVICES
$5,000 to $75,000
To: Dave Kanner, Public Contracting Officer
From: Michael A. Black, Parks Director
Date: March 31, 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 575,000, 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 Parks and Recreation Commission (APRC) intends to contract with author and journalist John
Enders to write the history section for the upcoming Lithia Park Master Plan. Enders' historical summary
will be one portion of a book celebrating 100 years of Lithia Park. The book is under the management of
the Ashland Parks Foundation. Enders will complete his book in late 2016.
No goods will be purchased for this project by APRC. Enders will provide services in the form of written
materials related to the acknowledgement of 100 years of Lithia Park.
The estimated cost for the historical section is $10,000. Enders' work will satisfy one element of the
APRC Lithia Park master plan.
The intended contract period will span April through the end of 2016.
APRC is developing, and fully plans to implement, a written Lithia Park master plan that will utilize John
Enders' services. Such services will be included in the contractual statement of work.
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?
John Enders has the unique ability to write a book about Lithia Park's centennial. APRC has neither the
personnel nor resources to perform such services as outlined under the proposed contract.
Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 3/31/2016
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 $20,142.20 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 APF, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of APF.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. APF's Convenience. This contract may be terminated at any time by APF upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. APF 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 APF under any of the following
conditions:
i. If APF 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 APF 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. APF 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 APF 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 APF in the notice of termination. Further, upon termination,
Consultant shall deliver to APF all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. APF 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 APF.
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 APF. Any attempted assignment or subcontract without written consent of APF 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 APF of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and APF.
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 ri hts in, or
Contract for Personal Services, Revised 02/1012016, Page 2 of 7
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 OFFS 656.017, which requires subject employers to
provide Oregon erkers' compensation coverage for all t 5ject workers
b. P essional Liabilit insurance with a fined single limit, or the equivalent, of no es~fian Enter one
$200,0 , $500.,.000, $1,000,000, $2,00 or Not Applicable for each claim, inc' r occurrence. This is to -a I g g p _ ion services to be provided
co damages caused by error, on,"or ne li ent acts related to the
00
r,tf is contract.
C. General Liablii-ty insurance with a combined single limit, or the equivalent eat'i__ss--than-rrnrt----
$200,000, $5, 00, $1,000,000, $2,000,000 or Not Applicable for each „p6 -enc516r Bodily Injury and Property
Damage.
d. riiiobi e Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$20 ,0 , $50 ,000,;= 1 000 000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including or owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the APF.
f. Additional Insured/Certificates of Insurance. Consultant shall name The APF of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the APF's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the APF. 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 APF (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 APF 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. Nona ppropriations Clause. Funds Available and Authorized: APF has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the APF's fiscal year budget. Consultant
understands and agrees that APF's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on APF appropriations, or other expenditure authority sufficient to
allow APF in the exercise of its reasonable administrative discretion, to continue to make payments under this
contract. In the event APF has insufficient appropriations, limitations or other expenditure authority, APF may
terminate this contract without penalty or liability to APF, 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.
` t s G t`l f J 'a fiL C , ' `r -~'t` a ifs 11 1-1 5 e4,
t e rte ~i
Pd tom' 6`-~t`'~`lld
Contract for Personal Services, Revised 02/10/2016, Page 3 of 7
Consultant: Ashland Parks Fou dation
Y
Signature President
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
APp~OVED A3 „r
6
Ashlenq A .~Uty A tvrt,•.,Y.
Date~..y. ~..P_...,..
Contract for Personal Services, Revised 02/10/2016, Page 4 of 7
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 APF 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.
_ Z (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.
'f
Contractor (Date)
Contract for Personal Services, Revised 02/10/2016, Page 5 of 7
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
per hour effective June 30, 2015
(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
For all hours worked under a assistance for the project or the employee.
➢ business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,142.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142.20 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
50% or more of the policy, please see Ashland
➢ 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, Revised 02/10/2016, Page 6 of 7
ADDENDUM TO
PERSONAL SERVICES CONTRACT
FOR 100 YEARS OF LITHIA PARK CELEBRATION BOOK
By John Enders, Author
February 10, 2016
Under the terms of the attached contract, the Author agrees to transfer copyrights for the book to the
Ashland Parks Foundation when the final draft is sent to the printer. Upon funds being fully raised by
first printing, the Foundation will make its second 40-percent payment of author's and designer's fees
for said project. If for whatever reason the Foundation decides not to publish the book, said copyright
will revert to the Author.
$10,000 will come from a private donation by Jeff Mangin. All other fees will be covered by additional
private donations, with $10,000 potentially generated from the Ashland Parks and Recreation
Commission.
Contract for Personal Services, Revised 02/10/2016, Page 7 of 7
LITHIA PARK: The Heart and Soul of Ashland
(A proposal for a book - Updated and Corrected 11-5-15)
Description:
A 100-120-page hardcover "coffee table" book of photos and text on the history of
Ashland's Lithia Park and its current and future challenges. The park celebrates its
10001 anniversary in 2016.
Content:
The book will consist of approximately 50-60 photos, half black-and-white historic
images, and half modern-day color images.
The text will include the follows chapters:
* Preface: Thanks to donors and supporters
* The early history of the park land (Native gathering site).
* Landscaping and outlines of the park.
* Lithia mineral springs water brought to the site.
Chautaqua history.
* John McLaren contracts to design 18-acre area above the Chautaqua site. Upper
park land added.
* Park officially dedicated July 4-6,1916. Fifty thousand people attend over three
days. Butler-Perozzi Fountain dedicated.
* Auto Camp developed and additional lands added to the park
* Chestor Corry, park superintendent for 32 years, continues designing and
landscaping park.
Hippies and marijuana: Issues for the 1960s and beyond.
* Floods of 1974 and 1997. Restoration and flood-control measures.
* How the park is governed (Levy, Parks Commission)
Creation and work of the Parks Foundation
Recent developments: Trail system, horticulture and walking tours.
* Current funding and donations challenges.
The future of the park: Lithia Park Master Plan process.
Timeline:
• To complete the text, photo compilation, layout and design and printing by
next summer, research and writing and other work must begin as soon as
possible. A rough draft of the text could be completed by early spring.
Revisions and a final draft by June. If the project is put on a fast track and is
supported by parks and other officials, the book could be presented at a
Fourth of July 2016 event and/or go on sale during the height of the tourist
season.
Cost:
Cost of producing the book $45,000
- Fee to author for research/writing and editing $25,000
- Fee to gt-aphic designer for layout and design $7,500
- Fee to copy editor $1,000
- Photo acquisition $1,500
Printing (initial print run of 1,000).., I $7,000
(Note: An earlier version included a typo the number in the line
above was listed as 3,000) CORRECTED 11.5.15
Unanticipated contingencies $3,000
Total $45,000
Marketing/Sales:
LITHIA PARK: Ashland's Heart and Soul would be sold at area bookstores, including
Bloomsbury Books, and at Paddington Station and the OSF Tudor Guild store in
downtown Ashland. It would be distributed through book distribution networks
Amazon/CreateSpace and/or Ingram/Sparks. It also would be available for
purchase directly on City of Ashland/Parks and Recreation Department, Ashland
Parks Foundation, and Ashland Chamber of Commerce/VCB websites, and/or its
own dedicated website.
Printing: Bids would be requested for printing, either via Print-on-Demand sources
such as CreateSpace, or more traditional offset printers in Michigan and elsewhere.
With either path, it is likely the book will be digitally printed, so that the cost of
additional print runs would be minimal in coming years.
Revenue:
The goal is to keep the retail price of each book at or below the $24.95 price point.
The owners of Bloomsbury and others involved in book publishing and sales in the
area have expressed enthusiasm over the project. It is anticipated that the book
would sell well to visitors to Ashland and locals alike for many years to come.
Gross revenue from 1000 books sold would be $24,900. Gross revenue from 3,000
books sold would be $74.850. It is very difficult to predict sales volumes other than
anecdotally. Net revenue, of course, would depend on whether each book is sold
online or through a retailer. If production costs are covered through dedicated
donations, 100 percent of net revenues would go to the Ashland Parks Foundation.
Fundraising;
i
i
The author is willing and ready to approach potential donors in the area as soon as a
contract is signed. In my opinion, the perfect "ask" team would consist of Jeff Mangin
and Katharine Flanagan (Cato), and myself. I have a dozen short-listed potential
donors. They should receive recognition in the book itself, during any event or
media outreach surrounding release of the book next summer, and would benefit by
a tax deduction to the Foundation.
John Enders
Writer/journalist
lendersjeffnet,org
541-321-0929
i
J
I
l
. CITY OF ASHLAND OFFICIAL RECEIPT
20 East Main Street
Ashland, Oregon 97520 Receipt Number 00043350
(541) 488-6004
Receipt date 2/9/2016
Payee name JOHN ENDERS Tender type Check
Customer NO: 023895 Check number 4876
Activity # Description Amount
00050170 Application 50.00
License type Business License
Receipt amount 50.00
REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS
POLICY NUMBER: P 5 5 6 512 2
Insurance,,
SAFECO INSURANCE COMPANY OF OREGON
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED: RENEWAL
JOHN H ENDERS
PO BOX 346 POLICY PERIOD FROM: SEPT 20 2015
TALENT OR 97540-0346 TO: SEPT 20 2016
at 12:01 A.M. standard time at
the address of the insured as
AGENT: stated herein.
ASHLAND INSURANCE, INC. AGENT TELEPHONE:
PO BOX 880 (541) 482-0831
ASHLAND OR 97520-0030
RATED DRIVERS JOHN H ENDERS
1995 TOYOTA T100 XTRACAB SR5 2 DOOR PICK-UP ID# 3T4VD12F9SO013074
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
COVERAGES 1995 TOYT LIMITS PREMIUMS
LIABILITY:
BODILY INJURY $250,000 $ 233.80
Each Person
$500,000
Each Occurrence
PROPERTY DAMAGE $100,000 119.80
Each Occurrence
PERSONAL INJURY 36.60
PROTECTION
ADDITIONAL PIP OPTION 1 3.70
UNINSURED AND UNDERINSURED MOTORISTS:
BODILY INJURY $250,000 59.50
Each Person
$500,000
Each Accident
PROPERTY DAMAGE $50,000 9.90
Each Accident
DEDUCTIBLE: SEE YOUR POLICY
Actual Cash Value 32 .20
Less $100 Deductible
Full Safety Glass
COLLISION Actual Cash Value 73.30
Less $250 Deductible
Diminishing Ded $0
ADDITIONAL COVERAGES:
SAFECO OPTIMUM PACKAGE PLUS 28.50
TOTAL $ 597.30
PREMIUM SUMMARY PREMIUM
VEHICLE COVERAGES $ 597.30
DISCOUNTS & SAFECO SAFETY REWARDS You saved $299.50 Included
TOTAL 12 MONTH PREMIUM $ 597.30
IF YOU PAY IN FULL OR USE THE 2-PAY PLAN THE PREMIUM WILL BE REDUCED TO $ 552.60°
*This includes the available $ 44. 7COO~iIINIUim. plan discount.
P 0 BOX 515097, LOS ANGELES, CA 90051
SA-1697/EP 9/90 Page 1 of 2 DATE PREPARED: AUG. 11 2015
n+a
CITY OF ASHLAND
WORKERS' COMPENSATION INSURANCE CERTIFICATION
[CONTRACTOR MUST INITIAL APPLICABLE BLANK BELOW]
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.
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 beperformed 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 wort: 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 wort; performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement to real property or appurtenances
thereto.**
LIMITED LIABILITY COMPANY
- Contractor is a limited liability company, and
- Contractor has no employees, and
- All work will be performed by the members; Contractor will not hire employees or subcontractors
to perform this contract, and
I f 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.**
10-12-1
(Signature of Authorized Signer) (Date)
G
(Signer'sTitle)
Purchase Order
Fiscal Year 2017 Page: 1 of: 1
_ = _ - - = - E~I-~--
B City of Ashland =ALL-=
-
I ATTN: Accounts Payable
L 20 E. Main Purchase 390
L Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V ENDERS JOHN HENRY H C/O Recreation Division (Grove
N 1502 TALENT AVE 1 1195 East Main Street
P Ashland
p TALENT, OR'97540 , OR 97520
Phone: 541/488-5340
O T Fax: 541/488-5314
R O
7 nd rffl f um W dQ-c _ _ =
Rachel Dials
~Urr
10/25/2016 2587 City Accounts Pa able
= - - _ _ _Rrte
Itm# Q-tMA A
Research History Lithia Park
1 Research, writing and editing services related to the 100-year 1 $10,000.0000 $10,000.00
celebration book on Lithia Park (Invoice dated 10/10/2016) Project
#000068.999
Contract for Personal Services Less than $35,000
Beginning date: April 15, 2016
Completion date: August 15, 2016
GL SUMMARY
123000 - 704200 $10,000.00
,Date:
Authorize nature - $10,000.00
1
FORM #3
Y
REQUISITION Date of request: 10/11/2016
Required date for delivery: 10/24/2016
Vendor Name John Enders, PO Box 346, Talent, OR 97540
Address, City, State, Zip 541-821-0929 jenders@jeffnet.org
Contact Name & Tel I Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State 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 #
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
Description of SERVICES Total Cost
Written history of the Lithia Park master plan by author John Enders. $10,000
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
® Per attached quotelproposal TOTAL COST
$ 10,000
Project Number _ 000068 - 999 Account Numbers:
Account Number 411 -12 - 00.00 - 704200 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 rq-quisition form, I cert' ;hat the City's public contracting requirements have been satin ed.
Employee:d - - Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year YES / NO
Finance Direct-Equal to or greater than X5,000) Date `
Form #3 - Requisition