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HomeMy WebLinkAbout2017-027 Contract - Freshwater Trust Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: The Freshwater Trust -ASHLAND CONTACT: Alex Johnson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 700 SW Taylor Street Suite 200 Telephone: 541/488-6002 Portland, OR 97205 Fax: 541/488-5311 TELEPHONE: 503.222.9091 DATE AGREEMENT PREPARED: 12/20/2016 EMAIL: Alex thefreshwatertrust.or BEGINNING DATE: 12/20/2016 COMPLETION DATE: 12/31/2017 COMPENSATION: See exhibit C; not to exceed $33,010.00 SERVICES TO BE PROVIDED: Temperature Credit Program Policy Support as per exhibit C 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 $20,283.20 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 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 b the negligence of City. Contract for Personal Services less than $35,000.00, 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 Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $100,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services less than $35,000.00, Page 2 of 5 • including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, 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. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant: City of Ashland c~,tQ By By Signature Department Head Print Nam Print Name ~ ~g_ roi-f, 0 M -3112 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 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. C ntractor (Date) Contract for Personal Services less than $35,000.00, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING so,$, I'll WA E PIS 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. y If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more Y 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 y 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 i EXHIRIT The I-P , 41 i Freshwater Trust The Freshwater Trust is a 501(c)(3) not-for-profit organization Changing the course that actively works to preserve of conservation. and restore our freshwater ecosystems. i i 1 i Temperature Credit Program Policy Support Draft Scope of Work for City of Ashland November 30, 2016 Introduction: The City of Ashland (the City) is facing stringent new temperature limits in its upcoming NPDES permit. To understand the range of options available, the City has been investigating various regulatory pathways for many years. In 2014, the City contracted with CH2M and subcontractors The Freshwater Trust (TFT) to analyze temperature compliance options for its current discharge into Ashland Creek. Through this analysis, the City has gained a clearer understanding of the range of temperature compliance options available (both near-field and far-field), and finds that every viable temperature compliance portfolio includes a number of temperature credits generated through a water quality trading program. In 2015, a water quality trading rule was promulgated by the Oregon Department of Environmental Quality (ODEQ), which added further clarity around the basic requirements of a viable trading program in Oregon. In addition, the updated 2016 water quality trading internal management directive (IMD) indicated the potential for credits generated pre-permit to be'incentivized' by ODEQ. Lastly, ongoing watershed restoration efforts in the Bear Creek watershed offer the opportunity to reduce recruitment and implementation costs of a water quality trading program for the City, but also the potential to reduce the number of viable sites on which to generate credits. To augment the feasibility analysis for a future temperature trading program for NPDES compliance, the City has requested that TFT build a scope to outline the policy support necessary to map and move toward a viable pre-permit water quality trading pathway. Analysis Needed: TFT will work with the City to clearly articulate outstanding questions and regulatory pathways available for early NPDES permit compliance via a temperature credit program, and to draft and refine language for the City's use in pursuing a pathway to provide regulatory assurances for pre- NPDES permit implementation. TFT proposes a Scope of Work comprised of the following tasks: 9 tE f I 2 1 Task 1) Temperature Credit Need & Opportunities Assessment (olwiftldiop- t'voo/c,~ I/ oil-) ,_)rojocl l;ic:koff TFT will work with the City to clearly outline the outstanding regulatory questions, range of temperature trading opportunities, potential assurances and incentives, and develop recommendations for City review and feedback. • Asa foundation for Task 2, TFT and the City will work together to define known regulatory drivers, likely expected programmatic factors such as the potential for a mixing zone or reservoir releases, and the temporal and spatial requirements of a viable temperature credit-based watershed compliance program. Deliverable: 1. TFT will deliver a brief Temperature Credit Need & Opportunities Assessment Memo, describing the known credit demand details, upcoming decision points, regulatory parameters and policy recommendations to confirm program assumptions and secure potential incentives. Cost: $9,025 Task 2) Temperature Credit Program Language Development & Policy Support Sl<rriii ,,i tt~c Cak: from kic=koff, concluding v/oek!; tots) pi ojec kickoff f TFT will assist the City staff in the development and review of temperature credit program language for inclusion in a Memorandum of Agreement (MOA) or similar mechanism with ODEQ as a method of confirming and clarifying program quality standards, expectations and assurances. • TFT will develop language describing the City's future temperature credit program that conforms to Oregon's 2015 water quality trading rule and other pertinent regulatory documents. This language will serve to clarify and 'lock-in' assumptions on quality standards, transparency mechanisms and other outstanding temperature credit questions for the City. • TFT will develop language covering the range of potential incentives that the City may wish to pursue with its regulators in return for initiating temperature credit generation before obligated to do so in an NPDES permit. • If recommended by the City during the timeframe of this scope, TFT will support conversations between the City and ODEQ on the development and completion of an MOA, • Based on feedback from City and any regulators or other stakeholders requested, TFT will refine and finalize language. 700 SW Taylor Street The SUlte C00 TIi(_. Ftc-,hwatoi Tr ust Is _i Portland. OR 97205 Phone: 503.222.9001 50](C)(3) nol-fot-profit. lCti t;°n ire lull} vi Freshwater TrustAll Q iL www.thefresNwatertrusi:,org Fax: 503.222.91f37 dccinctiU;e under t,;: I.:~ti~rs: 3 Deliverables: 2. TFT will work with the City staff to develop and deliver draft MOA language for use between the City and regulators that would provide assurances on temperature credit quality standards and potential pre-NPDES permit incentives. ' 3. TFT will finalize language into final project Policy Memo as possible, given 4 regulator and stakeholder feedback before project conclusion. Cast: $22,985 Assumptions: • The City will review and respond to draft deliverables within 2 weeks of delivery. Suggested Meetings: • The exact meeting schedule will be determined after contracting, but TFT proposes participation in a project team kick-off conference call with the City at the beginning of this Scope of Work. • TFT will participate in scheduled conference calls with the City as needed. • TFT proposes an in-person concluding presentation of the deliverables developed through this Scope of Work in June of 2017. This meeting will conclude by answering any questions and developing next steps. Projected TFT Time/Personnel: Freshwater Solutions Director - 25 hours Policy Director - 75 hours Policy Specialist -100 hours Science Director -10 hours Administration - 2 hours Timeline: • 7 8 9 10 11 12 13 14 15 16 17 18 Task 1 Task 2 - 700 SW Taylor Street The Suite 200 The Freshwater Trust ZI Portland, OR 97205 Phone: 503.222.9091 501( G)(3) not-tor-profit. Freshwater Trust All donaIions are Cully tax- wwwAhefreshwatertrust.org Fax: 503.222.9187 deductible tinder tax lav i E l 3 1 4 Estimated Direct Costs: $1000 (2 trips PDX to Ashland with overnight) Total Cost: $33,010 Conclusion: TFT has proposed this Scope of Work based on its deep experience in the development of viable temperature credit trading programs in Oregon. Once completed, the City will be near the 3 conclusion of its investigation of this option for thermal compliance, and more clearly understand E the assurances and potential incentives available for credit generation prior to NPDES permit renewal. Who to contact for next steps: The Freshwater Trust appreciates the City's interest and review. Please direct questions, comments and additions to: Alex Johnson Freshwater Solutions Director 503-222-9091 x18 alex@thefreshwatertrust.org The 700 SW T~yloi- Street t~UItE r_{7 , 20 The Freslwwatei Trust is a a 50i G)(3) rrof rr,r int Portland. OR 97205 ~='hone: 503.222.9091 full. ic'i (In r m, Freshwater Trust" All www.thefreshwatertrusfi.org Fax: 503.222.9187 ciedtrt~tIhic" uru ~~r tax i..>>~,~;. r® DATE (MM/DDYYYY) A^ClW1:> ~ CERTIFICATE OF LIABILITY INSURANCE 12/21/2016 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 endorsements . ONTACT Kathie Williams PRODUCER C NAME: Durham and Bates Agencies, Inc. PH°NE 503-241-9218 FAx 503-542-0629 720 SW Washington St. EMAIL Ste 250 kathiew@dbates.com AbDRESS: Portland OR 97205-3554 INSURERS AFFORDING COVERAGE NAIC # INSURERA:Admiral Insurance Co 24856 INSURED INSURER B :Ohio Casualty Insurance Company 24074 The Freshwater Trust INSURER C :Saif Corporation 36196 700 SW Taylor St Suite 200 Portland OR 97205 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1209766527 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 DL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY FEIECC1345603 3/1/2016 3/1/2017 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE 51 OCCUR PREMISES Ea occurrence $50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO ❑ LOC PRODUCTS - COMP/OP AGG $2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY BAS56761929 3/1/2016 3/1/2017 Ea accident) SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ AUTOS NED SCHEDULED BODILY INJURY (Per accident) $ AUTOS $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident A UMBRELLA LIAB X OCCUR FEIEXS1345703 3/1/2016 3/1/2017 EACH OCCURRENCE $3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION $ $ C WORKERS COMPENSATION 936923 2/1/2016 2/1/2017 PER OTH- AND EMPLOYERS' LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ A E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 A Professional Liab FEIECC1345603 3/1/2016 3/1/2017 General Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insureds - refer to attached coverage form(s). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 ;HORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTi.~, CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR -WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION 11 - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED a SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: Q (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 Purchase Order r Fiscal Year 2017 Page: 1 of: 1 it ~IFIIT E A1[ Zi PP__F E N.AU - B City of Ashland = - - ~7~~~Ptet~t~-t~-----~--u~~►y-~=~= I ATTN: Accounts Payable L 20 E. Main Purchase 497 L Ashland, OR 97520 Order # T Phone:541/552-2010 O Email: payable@ashland.or.us V FRESHWATER TRUST H C/O Public Works Department E 700 SW TAYLOR ST 1 51 Winburn Way N SUITE 200 P Ashland, OR 97520 D PORTLAND, OR 97205 Phone: 541/488-5347 O T Fax: 541/488-6006 R O - - Vendor. Phone Number v ben er-Fax=Alumber. =1 but it[o'on--I n om- _ t - iffln Michael Fau ht Qatersier~d _end4r lmbef = Dael~equir~d_ _fiI~f ~reR s~ inn 02/03/2017 2959 Cit Accounts Payable Qe f r id Pn~e NE-10 M - It m# - = = scr fionlR _Q - = = - = _ I _ _ _1 Temp Credit Program 1 Temperature Credit Program Policy Support 1 $33,010.0000 $33,010.00 Contract for Personal Services less than $35,000 Beginning date: 12/20/2016 Completion date: 12/31/2017 GL SUMMARY 086100 - 704200 $33,010.00 P _ By. ~Date uthorized`afure ,$33010.00 CITY ®F IFI d-'% %,,PRM 113 ASHLAND REQUISITION Date of request: 12/20/2016 Required date for delivery: Vendor Name The. Frp.-,hwgtp-r Tri ist Address, City, State, Zip 700 SW Taylor Street Suite 200 Portland, OR 97205 Contact Name & Telephone Number Alex Johnson 503.222.9091 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 ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communisation) ❑ 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: El (3) Written proposals/written solicitation Date approved by Council: (Date) _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Temperature Credit Program Policy Support as per exhibit C $33,010 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attach ed~quotelpropoial $ Project Number 2011-27 Account Number 675.06.19.00.704200 Account Wirnker Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee:-:Y Department Head. a 1' . G ~,L- N (Equal too greater than $5,000) Department Manager/Supervisor: City Administrator: t . - (Equal to )6r greater than $25,000) Funds appropriated for current fiscal year YES / NO LL ~Finance Difbctar- (Equal to or greater than $5,000) Date Comments: _ Form #3 - Requisition