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HomeMy WebLinkAbout2017-193 Contract Small Woodland Services Contract for Personal Services CITY OF CONSULTANT: Small Woodland Services, Inc -AS H LAND CONTACT: Marty Main, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2779 Camp Baker Road Telephone: 541/488-6002 Medford, OR 97501 Fax: 541/488-5311 TELEPHONE: (541)778-4545 DATE AGREEMENT PREPARED: 6/14/2017 Email: mmain3@mind.net BEGINNING DATE: 7/1/2017 COMPLETION DATE: 6/30/2019 COMPENSATION: Not to exceed $148,000 over the 2017-2019 biennium and $74,000 per year thereafter. (see proposal, Exhibit C) SERVICES TO BE PROVIDED: Small Woodland Services, Inc to provide the services of a consulting forester for the City in the management of its forestlands and as assigned for work on adjacent federal lands and the Ashland Wildland Urban Interface zone. Services include land management planning, consulting on technical forestry issues, data collection, implementing silvicultural treatments and any associated tasks as requested by the City and agreed to by the contractor. 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. This contract may be extended by mutual consent of both parties annually for up to three (3) additional years for a maximum of five (5) years. 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 b all employees. Contract for Personal Services, Page 1 of 6 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 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 Contract for Personal Services, Page 2 of 6 b' Professional Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 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 $2,000,000 a* Net-AppUQable 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 $1,000,000, for each accident for Bodily Injury and Property Damage, 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 By By C Signnature Department ead /1 Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with o ~ the signed contract. Purchase Order KP TO EnRivl As land sst. C Attorney Contract for Personal Services, Page 3 of 6 Dat /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 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) I 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) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) 2- 2 Contract for Personal Services, Page 4 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING comply ALL employers described below must of Ashland laws regulating payment of a living wage. per hour effective June 30, 2017 (Increases annually every June 30 by the !r, 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 project or 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 employee's 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 -AS H LAN D Contract for Personal Services, Page 5 of 6 Exhibit C City of Ashland Forestlands Work Proposal Offeror: Marty Main, President Small Woodland Services, Inc. 2779 Camp Baker Rd. Medford, Oregon 97501 Number of Years in Business: 37, including 22 contracting in various capacities with the City of Ashland. Work Proposal: Small Woodland Services, Inc. (SWS) will provide the services of consulting and contracting forestry and resource management assistance for the City of Ashland in the management of its forestlands, and as assigned for work on adjacent federal lands. SWS will provide a variety of services, consistent with work types and services that have occurred in previous contractual arrangements with the City. Services to be provided will include the following: • Forestland management planning • Consulting on technical forestry issues • Preparation of silvicultural prescriptions and other management guidance • Implementation of silvicultural treatments as appropriate • Assist in development of plans to harvest merchantable trees to accomplish pre-designated objectives, administer contracts related to that work and assist in marketing any products that result from the implementation of forestland management activities • Monitoring and inventory of existing forest and resource conditions, as well as post-implementation results • Working with City staff, City Council and Forestlands Commission as needed and on an ongoing basis • Various activities associated with public engagement and education • Any associated tasks as requested by the City and agreed to by SWS Costs of Services: A wide range of forest and resource consulting and contracting work activities are required of the organization implementing the work under this proposal. Work projects are variable, and many evolve over time, both in size and scope. For these and a variety of other operational and logistical reasons, SWS proposes to continue working on a "labor and materials" basis. Professional forestry consulting work accomplished by the company President and Lead Forester, Marty Main, is charged at $55.00 per hour. Other professional forestry work completed by trained foresters or experienced forestry technicians is charged at $25.00- $45.00 per hour, depending on personnel experience and work complexity. Additional forest contracting work is typically charged on a time and materials basis. Rarely, additional specific expertise is included, or subcontracted, only if pre-approved by the City. Forestry contract labor is charged at $16.00- $24.00 per hour. SWS has completed all assigned tasks during its entire contract relationship with the City, and it is believed that SWS has completed all forest and resource management consulting and contracting activities with a high degree of quality at rates at or below industry averages. No clients have ever made claims against SWS during its entire history. Contract for Personal Services, Page 6 of 6 Exhibit C City of Ashland Forestlands Work Proposal Offeror: Marty Main, President Small Woodland Services, Inc. 2779 Camp Baker Rd. Medford, Oregon 97501 Number of Years in Business: 37, including 22 contracting in various capacities with the City of Ashland. Work Proposal: Small Woodland Services, Inc. (SWS) will provide the services of consulting and contracting forestry and resource management assistance for the City of Ashland in the management of its forestlands, and as assigned for work on adjacent federal lands. SWS will provide a variety of services, consistent with work types and services that have occurred in previous contractual arrangements with the City. Services to be provided will include the following: • Forestland management planning • Consulting on technical forestry issues • Preparation of silvicultural prescriptions and other management guidance • Implementation of silvicultural treatments as appropriate • Assist in development of plans to harvest merchantable trees to accomplish pre-designated objectives, administer contracts related to that work and assist in marketing any products that result from the implementation of forestland management activities • Monitoring and inventory of existing forest and resource conditions, as well as post-implementation results • Working with City staff, City Council and Forestlands Commission as needed and on an ongoing basis • Various activities associated with public engagement and education • Any associated tasks as requested by the City and agreed to by SWS Costs of Services: A wide range of forest and resource consulting and contracting work activities are required of the organization implementing the work under this proposal. Work projects are variable, and many evolve over time, both in size and scope. For these and a variety of other operational and logistical reasons, SWS proposes to continue working on a "labor and materials" basis. Professional forestry consulting work accomplished by the company President and Lead Forester, Marty Main, is charged at $55.00 per hour. Other professional forestry work completed by trained foresters or experienced forestry technicians is charged at $25.00- $45.00 per hour, depending on personnel experience and work complexity. Additional forest contracting work is typically charged on a time and materials basis. Rarely, additional specific expertise is included, or subcontracted, only if pre-approved by the City. Forestry contract labor is charged at $16.00- $24.00 per hour. SWS has completed all assigned tasks during its entire contract relationship with the City, and it is believed that SWS has completed all forest and resource management consulting and contracting activities with a high degree of quality at rates at or below industry averages. No clients have ever made claims against SWS during its entire history. Contract for Personal Services, Page 7 of 7 City of Ashland Forestlands Work Proposal Offeror: Marty Main, President Small Woodland Services, Inc. 2779 Camp Baker Rd. Medford, Oregon 97501 Number of Years in Business: 37, including 22 contracting in various capacities with the City of Ashland. Work Proposal: Small Woodland Services, Inc. (SWS) will provide the services of consulting and contracting forestry and resource management assistance for the City of Ashland in the management of its forestlands, and as assigned for work on adjacent federal lands. SWS will provide a variety of services, consistent with work types and services that have occurred in previous contractual arrangements with the City. Services to be provided will include the following: • Forestland management planning • Consulting on technical forestry issues • Preparation of silvicultural prescriptions and other management guidance • Implementation of silvicultural treatments as appropriate • Assist in development of plans to harvest merchantable trees to accomplish pre-designated objectives, administer contracts related to that work and assist in marketing any products that result from the implementation of forestland management activities • Monitoring and inventory of existing forest and resource conditions, as well as post- implementation results • Working with City staff, City Council and Forestlands Commission as needed and on an ongoing basis • Various activities associated with public engagement and education • Any associated tasks as requested by the City and agreed to by SWS Costs of Services: A wide range of forest and resource consulting and contracting work activities are required of the organization implementing the work under this proposal. Work projects are variable, and many evolve over time, both in size and scope. For these and a variety of other operational and logistical reasons, SWS proposes to continue working on a "labor and materials" basis. Professional forestry consulting work accomplished by the company President and Lead Forester, Marty Main, is charged at $55.00 per hour. Other professional forestry work completed by trained foresters or experienced forestry technicians is charged at $25.00- $45.00 per hour, depending on personnel experience and work complexity. Additional forest contracting work is typically charged on a time and materials basis. Rarely, additional specific expertise is included, or subcontracted, only if pre-approved by the City. Forestry contract labor is charged at $16.00- $24.00 per hour. SWS has completed all assigned tasks during its entire contract relationship with the City, and it is believed that SWS has completed all forest and resource management consulting and contracting activities with a high degree of quality at rates at or below industry averages. No clients have ever made claims against SWS during its entire history. i awaarsrrur , I A I C r'ArIM" ® DATE OF NOTICE: APR 19 2017 PO Box 5000 CODE: DuPont, WA 98327-5000 91A AT1 15 A 000900 0093 CITY OF ASHLAND NOTE: PLEASE NOTIFY STATE FARM AT THE 455 SISKIYOU BLVD ADDRESS LISTED AT THE TOP, LEFT CORNER ASHLAND OR 97520-2135 OF THIS PAGE REGARDING ANY CHANGE OF ADDRESS INFORMATION. 0 0 s 0 s ADDITIONAL INSURED'S NOTICE OF COVERAGE State Farm Mutual Automobile Insurance Company 2134-FAE6-A NAMED INSURED: POLICY NO: 213 7117-FO8-37W COVERAGE: MAIN, MARTIN L YR/MAKE/MODEL: 1995 NISSAN PICKUP BI AND PD LIABILITY 2779 CAMP BAKER RD VIN/CAMPER: 1N6HD16Y5SC354928 $250,000!$500,000!$100,000 MEDFORD OR 97501-9608 AGENT NAME: RORY WOLD INSURANCE AGENCY INC AGENT PHONE: (541)773-1404 ENDORSEMENT NO: 6028BJ POLICY EFFECTIVE APR 17 2017 UNTIL TERMINATED POLICY MESSAGES: This policy shown above supersedes policy# 2137117-37V. g The policy includes a loss payable clause protecting the additional insured's interest in the described car to the extent of the insurance o provided and subject to all policy provisions. The additional insured will be given 10 days notice if the policy is terminated. Until such notice co is provided, it shall be presumed that the required renewal premiums have been paid. The additional insured must notify us within 10 days of 6 any change of interest or ownership coming to their attention. Failure to do so will render this policy null and void. N FRT DATE (MM/DD/YYYY) A"R" CERTIFICATE OF LIABILITY INSURANCE F6/22/2017 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 endorsements . PRODUCER CONTACT NAME: _ Terry Friend Protectors Insurance, LLC PHONE 541-842-2958 FAX 541-772-1906 P.O. Box 4669 _WC,No,Ext): ---LWC,No', Medford OR 97504 ADDRESS,terryf@protectorsins.com _ _ INSURER(S) AFFORDING COVERAGE _ NAIC # _ INSURERA:Tokio Marine Specialty Ins INSURED SMALL-2 INSURER B: Small Woodland Services Inc INSURER C : _ Martin L Main 2779 Camp Baker Road INSURER D : Medford OR 97501 INSURER E.,_ INSURER F : COVERAGES CERTIFICATE NUMBER: 864284544 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~ ADDQSUB POLICY EFFOLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y PPK1672886 17/1/2017 7/1/2018 EACH OCCURRENCE $1,000,000 _ ~n DAMAGE TO RENTED CLAIMS-MADE U OCCUR PREMISES Ea occurrence $100,000 - MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 ~EN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $1,000,000 POLICY L JERCOT L ! L 0 C PRODUCTS - COMP/OPAGG $1,000,000 - Professional $1,000,000 OTHER. A AUTOMOBILE LIABILITY 7/1/2017 7/1/2018 MBINED IN L LIMIT $ PPK1672886 Ea accident 1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED I PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ~ f j EXCESS LIAB CLAIMS-MADE! - AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A ! (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe under ! 1 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ I I I 11 ! I j I I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) It is agreed and understood that the certificate holder is named as additional insured but only with respect to its liability arising out of the activities of the named insured 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 Ashland Fire & Rescue ACCORDANCE WITH THE POLICY PROVISIONS. 455 Siskiyou Blvd Ashland OR 97520 AUTHORIZED REPRESENTATIVE / 7 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Purchase Order Fiscal Year 2018 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS. I L 20 E. ATTN: Accounts Payable Purchase L Ashland, Main 20181039 OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Fire and Rescue Department E SMALL WOODLAND SERVICES, INC. 1 455 Siskiyou Blvd N 2779 CAMP BAKER ROAD p Ashland, OR 97520 D MEDFORD, OR 97501 Phone: 541/482-2770 O T Fax: 541/488-5318 R, O Vendor Phone Number Vendor Fax Num_Wr F3egaisitiorrNamUQM (541 535-3603 Chris Chambers Date Ordered Vendor Number Date Requlretl _Freight MethdaLl" Department/Locatlon 10/02/2017 317 FOB ASHLAND OR Cit Accounts Pa able Item# Descri tion/PartNo- - _M -Unit Price Extended Priee' Consulting Forestor 1 Small Woodland Services, Inc. to provide the services of a 1 $74,000.0000 $74,000.00 consulting forester for the City in the management of its forestlands and as assigned for work on adjacent federal lands and the Ashland Wildland Urban Interface zone. Services include land management planning, consulting on technical forestry issues, data collection, implementing sllvlcultural treatments and any associated tasks as requested by the City and agreed to by the contractor. Not to exceed $74,000 Contract for Personal Services Beginning date: 07/01/2017 completion date: 06/30/2019 Project Account: GL SUMMARY 072900 - 604160 $74,000.00 By~ ` Date: a uthorized nature PD Total $74,000.00 FORM #3 CITY OF Ire; d:-~ a ASHLAND REQUISITION ~uest: l equi ed date for delivery: 10.6.17 Vendor Name Small Wondlanri Sarviras Inc Address, City, State, Zip 2779 Camp Baker Road, Medford, OR 97501 Contact Name & Telephone Number Marly Main, 541-778-4545 Fax Number Mmain3@mind.net 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 ❑ Request for Proposal (Copies on file) Cooperative Procurement Less than $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award 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 attached ® Special Procurement Contract # PERSONAL SERVICES ® Form #9, Request for Approval Intergovernmental Agreement $5,000 to $75,000 ® Written quote or proposal attached ❑ Agency ❑ Less than $35,000, by direct appointment Date approved by Council: 6/20/2017 Date original contract approved by Council: ❑ (3) Written proposals attached (Date) Valid until:6/30/2019 Description of SERVICES Total Cost Small Woodland Services, Inc to provide the services of a consulting forester for the City in the management of its forestlands and as assigned for work on adjacent federal lands and the Ashland Wildland Urban Interface zone. Services include land management planning, consulting on Not to Exceed $74,000 per year technical forestry issues, data collection, implementing silvicultural treatments and any associated tasks as requested by the City and agreed to by the contractor. _ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $74,000 Project Number: NIA Account Number 072900.604160 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: Itor Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. k _ Employee: Department Head: (E to r g ea r Department Manager/Supervisor City Administrator: (Equal to or great r than,P25,000) Funds appropriated for current fiscal year NO - ` LJ l 1 l I F ce Director o or greater than $5,000) Date Comments: Form #3 - Requisition Z CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Chris Chambers, Ashland Fire & Rescue Date: June 20, 2017 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Fire & Rescue 2. Department Contact Name: Chris Chambers. Forest Division Chief 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 7/1/17 To: 6/30/22 5. Total Estimated Cost: Not to exceed $74,000 per fiscal year 6. Short title of the Procurement: City Lands Forestry Consultant Supplies and/or Services or class of Supplies and/or Services to be acquired: The services will include technical consulting on a variety of forestry issues and implementation of work on City forestlands as identified in the 2016 Ashland Forest Plan to accomplish goals set forth by the Forest Lands Commission and City Council. 7. Background and Proposed Contracting Procedure: In 1996, the City of Ashland requested proposals from qualified persons to provide technical consulting and silviculture activities on City-owned forestlands in, and adjacent to, the city of Ashland and our municipal watershed. At that time, only one response was received, and it was from Small Woodland Services, Inc. A contract for work was entered into with Small Woodlands Services, Inc. and the contract period was not specified because it was not known how many years it would take, given funding cycles, to conduct silviculture projects across the 1,075 acres of City-owned forest lands. In 2002, a second RFP was released for continuation of project work and Small Woodland Services, Inc. was the only company to submit a proposal. Small Woodlands, Inc created a systematic approach to ecosystem management on City forestlands during this time, gaining site specific knowledge of ecological and community social functioning that are equally imperative for successful achievement of the goals set forth by the City Council and Forest Lands Commission. Due to specific accumulated knowledge of the City's accumulated data, operating procedures, ongoing forest Form #9 - Special Procurement - Request for Approval, Page 1 of 4, 9/28/2017 1 There are no likely contractors with the depth and breadth of knowledge and history specific to the City of Ashland's forestlands and this has been proven in two prior bid periods where Small Woodlands was the only bidder on these services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because. Small Woodlands possesses knowledge and experience that would take another contractor a significant amount of time to simply "get up to speed". This would be at a loss to the City since current needs and ongoing projects are based on this foundation of knowledge and experience. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 279B.070, or any rules adopted there under because: Small Woodlands Services brings a unique set of skills and knowledge that specifically benefits the City of Ashland by combining ecosystem knowledge an understanding of Ashland's social fabric, and the ability to work with the public and partner agencies that uniquely benefits the City's well-being through protection of natural resources and our only water supply. Form #9 - Special Procurement - Request for Approval, Page 3 of 4, 9128/2017 9/28/2017 City of Ashland, Oregon - Agendas and Minutes Agendas and Minutes City of Ashland ' CItyCOuncil (View All(Agendas.asp?SectionlD=7&CCBID=O)) Regular Meeting Minutes View Agenda Tuesday, June 20, 2017 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 20, 2017 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:02 PM PLEDGE OF ALLEGIANCE ROLL CALL Councilor Darrow, Councilor Lemhouse, Councilor Morris, Councilor Slattery, Councilor Seffinger and Councilor Rosenthal were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg introduced County Commissioner Bob Strosser. He also announced there are vacancies on the Airport, Historic, Housing and Human Services, Tree, and Wildfire Mitigation Commissions. APPROVAL OF MINUTES Councilor Seffinger moved to approve the Council Minutes from June 6, 2017. Councilor Rosenthal seconded. Discussion: None. All ayes. Motion passed unanimously. SPECIAL PRESENTATIONS & AWARDS None PUBLIC FORUM Huelz Gutcheon-2253 HWY 99-Ashland, OR- Spoke regarding wires and not enough electricity for buses etc. Would like clean renewable energy and solar panels everywhere. Louise Shawkut -870 Cambridge - Ashland, OR-Read a letter into the record regarding CEAP (see attached). Maya Davis -9667 Wagner Creek Rd -Talent, OR- Ms. Davis explained that she is a High School Senior and part of Rogue Climate. She spoke in support of a City Staff person for a CEAP position. She spoke to her reasons why the CEAP would need a full-time staff person. RandyJones - 815 Alder Creek Dr. Medford, OR - Representing First Place Partners spoke regarding the ELEA. He suggested to revisit the section on https://www.ashland.or.us/Agendas.asp?AMID=6678&Display=Minutes 1/7