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HomeMy WebLinkAbout2018-037-Personal Services Agreement PERSONAL SERVICES AGREEMENT This Agreement is made by and between: THE CITY OF ASHLAND, an Oregon Municipal Corporation ("City") and FULL CIRCLE REAL ESTATE, LLC a domestic limited liability company, ("Provider") for Real Estate Acquisition Services IN CONSIDERATION of the mutual benefits and obligations set forth herein, City and Provider agree as follows: 1. PROVIDER'S OBLIGATIONS 1.1 Provider shall perform all tasks and complete all services defined and described in the SUPPORTING DOCUMENTS as listed in Article 7.1 of this Agreement. These tasks and services defined and described in the SUPPORTING DOCUMENTS shall hereinafter be referred to as "Work." 1.2 Provider shall be responsible for all subordinate tasks necessary to accomplish the Work described in the SUPPORTING DOCUMENTS, whether or not expressly enumerated therein; EXCEPT that Provider shall not be obligated to undertake any task or do any Work specifically designated therein as the responsibility of the City or a third party in the SUPPORTING DOCUMENTS. 1.3 Provider shall furnish all labor, materials, supplies, equipment, office space, shop space, reference and background data and information, and all other things necessary for the performance of the Work described in the SUPPORTING DOCUMENTS, except as otherwise expressly provided therein. 1.4 Provider shall be fully and exclusively responsible to engage and compensate any and all subcontractors and subconsultants necessary to accomplish the Work described in the SUPPORTING DOCUMENTS. 1.5 Exhaustion of the maximum amount payable under Article 2 of this Agreement without completion of all Work described under this Article 1 shall not relieve the Provider of the obligation to complete full performance of such Work. It is the intent of the parties that the basis for Provider's compensation is the hourly rate as described in the SUPPORTING DOCUMENTS not to exceed a total Agreement price of $22,000 (twenty-two thousand U.S. dollars) 1.6 Provider's Work product furnished to the City shall be fit for all purposes and services as described in the SUPPORTING DOCUMENTS. 1.7 All Work performed under this Agreement shall meet or exceed the standard of professional quality of Provider's profession in the State of Oregon at the time such Work is performed. 1.8 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees Personal Services Agreement between City of Ashland and Full Circle Real Estate - Page 1 of 6 not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.9 In all solicitations either by competitive bidding or negotiation made by Provider for Work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Provider of the Provider's obligations under this Agreement, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimation laws. 2. CITY'S OBLIGATIONS City shall compensate Provider for the Work performed under Article 1 as follows: 2.1 The Provider's fee for the performance of all Work described and defined in Article 1 of this Agreement and shall be based on the hourly rate as described in the SUPPORTING DOCUMENTS and shall not exceed a total Agreement price of $22,000 (twenty-two thousand U.S. dollars). 2.2 City shall pay Provider based upon the hourly rate for the Work which has been performed by the Provider during the billing period upon receiving Provider's monthly invoice. Provider shall submit an invoice each month for the charges relating to the Work performed during the prior month. Each invoice from Provider shall detail all information relevant to calculation of the charges and the total amount of compensation requested. Provider agrees to include the information and prepare the invoice in the form as reasonably requested by City. PROVIDER ACKNOWLEDGES THAT AUTHORIZATION FOR EXTRA WORK AND THE BASIS FOR ITS COMPENSATION, IF NOT PROVIDED FOR IN THE SUPPORTING DOCUMENTS, MUST COME FROM THE CITY OFFICIAL AUTHORIZED TO SIGN THIS AGREEMENT, AND THAT THE TERMS GOVERNING SUCH WORK AND COMPENSATION MUST BE IN WRITING. PROVIDER AGREES THAT ANY WORK DONE WITHOUT SUCH AUTHORIZATION IS DONE AS A VOLUNTEER AND AT PROVIDER'S OWN RISK AND EXPENSE. 3. OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY. 3.1 Definitions. As used in this Article and elsewhere in this Agreement, the following terms have the meanings set forth below: 3.1.1 "Provider Intellectual Property" means any intellectual property owned by Provider and developed independently from the Work. 3.1.2 "Third Party Intellectual Property" means any intellectual property owned by parties other than City or Provider. 3.1.3 "Work Product" means every invention, discovery, work of authorship, trade secret document or other tangible or intangible item and all intellectual property rights therein that Provider is required to deliver to City pursuant to the Work. 3.2 Original Works. All Work Product created by Provider pursuant to this Agreement, including derivative works and compilations, and whether or not such Work Product is considered a Work made for hire or an employment to invent, shall be the exclusive property of City. City and Provider agree that such original Work Product is "Work made for hire" of which City is the author within the meaning of the United States Copyright Act. Provider hereby irrevocably assigns to City any and all of its rights, title, and interest in all original Work Product created pursuant to the Work, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine shall vest in and is hereby assigned to the City. Provider retains no right, ownership, or title in any copyright, patent, trademark, proprietary or any other protected intellectual property right resulting from the Work as defined under this Agreement. Upon City's reasonable request, Provider shall execute such further documents and instruments necessary to fully vest such rights in City. Provider forever waives any and Personal Services Agreement between City of Ashland and Full Circle Real Estate - Page 2 of 6 all rights relating to original Work Product created pursuant to this Agreement, including without limitation, any and all rights arising under 17 USC §106A. 3.3. Provider Intellectual Property. In the event that any Work Product is Provider Intellectual Property Provider hereby grants to City an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Provider Intellectual Property and an irrevocable, non-exclusive, perpetual, royalty-free license to authorize others to do the same on City's behalf. 3.4 Third Parry Works. In the event that Work Product is Third Party Intellectual Property, Provider shall secure on the City's behalf and in the name of the City, an irrevocable, non-exclusive, perpetual, royalty- free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property and an irrevocable, non-exclusive, perpetual, royalty-free license to authorize others to do the same on City's behalf. 3.5 All drawings, specifications, data, maps, photographs, renderings, documents, recordings, computer files (including but not limited to programs), and other like material furnished by the City are instruments of service for the Work only, and shall remain the property of the City whether the project is completed or not. Provider is granted a limited license to use such materials in conjunction with Work under this Agreement only. Provider shall not use them for any other purpose. 4 WARRANTIES 4.1 Provider warrants that it owns or is the lawful licensee of all patents, copyrights, trademarks, service marks, and other intellectual property rights incorporated in the Work Product provided to the City and that it has the full legal right to provide the Work and all components thereof, including any license granted pursuant to Article 3.2 of this Agreement. Provider shall indemnify and defend the City, its officers, agents and employees against any and all claims of infringement of copyright, patent, trademark, or other intellectual property right arising out of Provider's production of the Work Product contemplated in this Agreement; PROVIDED, HOWEVER, that Provider shall have no such obligation with respect to Work Product which the City modified without Provider's consent, to the extent that such modification was a substantial factor in the alleged infringement. 5 RISK ALLOCATION 5.1 Provider shall defend, indemnify, and hold harmless the City of Ashland, its officers, employees and agents from and against any and all claims, demands, suits and legal actions including appeals arising out of or in connection with Provider's and its officers', employees', agents' and subcontractors' performance of any service or Work under this Agreement; provided, however, that Provider shall have no such obligation with respect to any such claim, demand, suit or legal action which arises out of or in connection with Work Product which has been materially altered without Provider's express written authorization. 5.2 Provider agrees that it is as fully responsible to the City for the acts and omissions of its subcontractors, consultants and of any other persons either directly or indirectly employed by its subcontractor and consultant, as Provider is for the acts and omissions of persons directly employed by Provider. 5.3 Subject to the limitations imposed by the Oregon Tort Claims Act, Oregon Revised Statutes 30.260 to 30.300, City agrees to indemnify Provider from each and every claim which the City would be legally liable to pay if. (a) a claim asserting the same loss or injury were made directly against the City, whether or not such a direct claim is actually made; and (b) the loss or injury sustained by the claimant resulted from the acts, errors or omissions of the City, its officers and employees. 5.4 Provider shall obtain and maintain in effect during the term of this Agreement and until City's final acceptance of all Work performed hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. Personal Services Agreement between City of Ashland and Full Circle Real Estate - Page 3 of 6 5.4.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage. 5.4.2 Automobile Liability with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars). 5.4.3 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of Provider's Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • The Provider shall immediately notify the City of any change in insurance coverage; • Provider shall supply an endorsement naming the City of Ashland, its officers, employees and agents as additional insureds within sixty (60) days of the Effective Date of this Agreement; and • Be evidenced by an endorsement of such insurance approved by the City. 5.4.4 Provider shall carry Errors and Omissions (professional liability) coverage with combined single limits of not less than $1,000,000 (one million dollars). Provider shall furnish evidence of such coverage through a certificate of insurance in a form acceptable to the City. 5.4.5 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 6 GENERAL PROVISIONS 6.1 This Agreement, including the SUPPORTING DOCUMENTS, represents the entire and integrated understanding between the City and Provider, and supersedes all prior negotiations, representations and agreements, whether written or oral. This Agreement may be amended only by written instrument executed by both parties. One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 6.2 Whenever notice is required or permitted to be given under this Agreement, such notice shall be in writing and shall be given to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, at the address set forth below: If to the City: Betsy Harshman Ashland Parks and Recreation Commission 340 S. Pioneer Street Ashland, OR 97520 If to Provider: Eric Poole, Principal Broker/Owner Full Circle Real Estate 240 E. Main Street Ashland, OR 97520 Personal Services Agreement between City of Ashland and Full Circle Real Estate - Page 4 of 6 6.3 Neither party to this Agreement shall assign its interest in this Agreement or any part hereof without the written consent of the other. 6.4 Nothing in this Agreement shall be construed to create any contractual relationship between any subcontractor/consultant and the City. 6.5 Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees or agents. 6.6 Should litigation occur between the parties relating to the provisions of this Agreement, all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees, and court costs incurred by the prevailing party shall be paid to the prevailing party by the non-prevailing party, and all such expenses and costs may be included in the judgment entered in favor of the prevailing party. 6.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 6.8 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279C.505, 279C.515, 279C.520 and 279C.530. 6.9 In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. 6.10 Living Wage: As the amount of this contract is $20,688.86 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code (AMC) by paying a living wage, as defined in AMC Chapter 3.12, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as Exhibit A predominantly in areas where it will be seen by all employees. 6.11 Provider is an independent contractor and not an employee of the City for any purpose. 7 SUPPORTING DOCUMENTS 7.1 The following documents are, by this reference, expressly incorporated into this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated December 7, 2017. 7.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS I 8 REMEDIES 8.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 8.1.1 termination of this Agreement; 8.1.2 withholding all monies due for Work and Work Products that Provider has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; 8.1.3 initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 8.1.4 exercise of its right of setoff. Personal Services Agreement between City of Ashland and Full Circle Real Estate - Page 5 of 6 8.1.5 These remedies are cumulative to the extent the remedies are not inconsistent. and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 8.2 In the event City terminates the Agreement, or in the event City is in default, Provider's sole monetar Y Y Y remedy shall be: 8.2.1 with respect to services compensable on an hourly basis, a claim for unpaid invoices, hours worked within any limits set forth in this Agreement but not yet billed, authorized expenses incurred and interest of two-thirds of one percent per month, but not more than eight percent per annum, and 8.2.2 with respect to deliverable-based Work, a claim for the sum designated for completing the deliverable multiplied by the percentage of Work completed and accepted by City, less previous amounts paid and any claim(s) that City has against Provider. 9 TERM AND TERMINATION 9.1 This Agreement is effective retroactively to October 16, 2017 (the "Effective Date,") and, unless sooner terminated as provided in this Article, shall continue in full force and effect until June 30, 2019. 9.2 This Agreement may be terminated at any time upon the mutual written consent of both parties. 9.3 This Agreement may be terminated by either party in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not 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 this Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. 9.4 This Agreement may be terminated by the City: 9.3.1 For any reason upon not less than thirty (30) days' prior written notice to Provider; 9.3.2 Immediately upon written notice if City fails to receive funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to pay for the Work or Work Products; or 9.3.3 Immediately upon written notice if federal or state laws, regulations, or guidelines are modified to interpret in such a way that the City's purchase of the Work or Work Products under this Agreement is prohibited or City is prohibited from paying for such Work or Work Products from the planned funding source. 9.5 The rights and obligations created under Articles 3, 4 and 5, and Subarticles 6.6 and 6.7 of this Agreement are continuing with respect to matters within the scope of this Agreement and shall survive its termination. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. E CITY OFASHLAND, OREGON FULL CIRCL ^AL ESTATE, LLC By: fA (M C By: C/ Printed Name: 96d Printed ~1 .Gr Na e: 1 l~ 1 ~~L Title: _(Almj Jt4,nnu-,Ij- Title: L ~ T ~1 14-~~ Date: 2-11,5119 Date: REPROVED AS TO FPRM Ashland Asst. City At;ar:t Personal Services A 1~+~. PPn (itv of Ashland and Full Circle Real Estate - Page 6 of 6 Real Estate December 7, 2017 Dear Michael, Full Circle Real Estate would like to submit a proposal to continue to work with the City of Ashland in the quest for acquiring additional land for the parks in Ashland. Over the years, we feel we have built a good rapport with the City employees, members of the Park Commission and various property owners. We would enjoy to continue this relationship and feel like the mission has gained momentum and will be a benefit to'the City and community. We have met with various property owners, facilitated Commercial Appraisers forbids and appraisals, and helped with the acquisition of the Coventry property. In regard to compensation, we would continue to work at a rate of $100/hour. At this rate, the City will receive a "team" approach, which will remain consistent regardless to the fact often we will have two people working simultaneously, which adds to the value to the City. If two members of Full Circle attend a meeting for an hour, the City will only be charged one billable hour. As stated in past proposals, Full Circle Real Estate will not ask for a percentage of the purchase price or closing costs of any sort. We feel we are a good fit for this position. I feel very strongly about more park space in Ashland. I am on the Board of the Southern Oregon Land Conservancy, and I have many'business and social network connections that share a passion for recreational endeavors. Please let us know if you have any questions and thank you again for considering Full Circle Real Estate for this contract. We look forward to hearing from you. Kindest Regards, V Eric Poole Principal Broker/Owner r,. rsc 541-482-6868 office 541-482-6881fox eeryd.a 240 E. Main Street, Ashland, OR 97520 info@fullcirclereal.com • www.fulicirclereal.com - ExhibitA CITY OF ASHLAND, OREGON City of Ashland LIVING WAGE logo per hour, effective June 30, 2017. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. of business of their employer, 401 K and IRS eligible if the employer has ten or cafeteria plans (including more employees, and has childcare) benefits to the received financial assistance amount of wages received by For all hours worked under a for the project or business the employee. service contract between their from the City of Ashland in employer and the City of excess of $20,688.86. y Note: For temporary and part-time employees, the Ashland if the contract If their employer is the City of Living Wage does not apply exceeds $20,688.86 or more. Ashland, including the Parks to the first 1040 hours worked For all hours worked in a and Recreation Department. in any calendar year. For more details, please see month if the employee spends In calculating the living wage, Ashland Municipal Code 50% or more of the employers may add the vlue Section 3.12.020. employee's time in that month of health care, retirement, working on a project or portion additional For 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 E (MM/DD/YYYY) A ® 7112/14/2017 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jon Snowden NAME: StateFarm Jon Snowden, Agent PAHONE N E. : (541) 482-2461 a~c No : (541) 482-4957 420 Bridge St E-MAIL Ion@)onsnowden.com • ~ Ashland, OR 97520 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : State Farm Fire and Casualty Company 25143 INSURED INSURER B : Full Circle Real Estate, LLC INSURER C : 240 E Main St INSURER D : Ashland, OR 97520 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE O CLAIMS-MADE ® OCCUR PREM SESEa occu ence $ 500,000 MED EXP (Any one person) $ 5,000 L Y 97-GA-5094-1 04/04/2017 04/04/2018 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑ PRO JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y I N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) First Location: 240 E Main Street Ashland, OR 97520 Second Location: 208 Oak Street Ste 111 Ashland, OR 97520 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Its Elected Officials, Officers and Employees AUTHORIZED REPRESENTATIVE 20 E Main St Ashland OR 97520 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 Greenwich Insurance Company INSURANCE Members of the XL America Companies The company providing the insurance afforded by this coverage is indicated above. REAL ESTATE PROFESSIONALS ERRORS AND OMISSIONS DECLARATIONS THIS IS A CLAIMS MADE INSURANCE POLICY. PLEASE READ IT CAREFULLY. PRODUCER: Pearl Insurance Group POLICY NUMBER: PEG9160604-9 PRODUCER 08938 THIS IS A CLAIMS MADE POLICY. THE POLICY APPLIES ONLY TO THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD. THE CLAIM MUST BE REPORTED IN WRITING TO THE COMPANY DURING THE POLICY PERIOD OR WITHIN 60 DAYS AFTER THE END OF THE POLICY PERIOD. CLAIM EXPENSES ARE IN ADDITION TO THE LIMIT OF LIABILITY. PLEASE REVIEW THIS POLICY CAREFULLY. Item 1. NAMED INSURED: Full Circle Real Estate, LLC Item 2. ADDRESS: 240 E Main St Ashland, OR 97520-1831 Item 3. POLICY PERIOD: FROM 04/0412017 TO 04/04/2018 12:01 A.M. Standard Time at the address of the Named Insured as stated herein. Item 4. LIMITS OF LIABILITY A. Limits of Liability $ 1,000,000 Each Claim $ 1,000,000 Policy Aggregate B. Fair Housing Discrimination Limit of Liability $ 250,000 Aggregate Item 5. DEDUCTIBLE $ 5,000 Each Claim Item 6. PREMIUM: $ 1,818 Item 7. RETROACTIVE DATE 4/4/2006 Item 8. NOTICES TO BE SENT TO: Report A Claim Material Changes XL Select Professional Claims Pearl Insurance Group, LLC 100 Constitution Plaza 1200 East Glen Avenue 17th Floor Peoria Heights, IL 61616 Hartford, CT 06103 1/800-447-4982 Item 9. FORMS AND ENDORSEMENTS ATTACHED AT POLICY EFFECTIVE DATE: JPP-PF (04/11) Real Estate Errors & Omissions Policy Form JPP-OR1 (06105) Oregon Changes JPP-134 (03/08) Open House Endorsement JPP 147 (06/16) Consumer Financial Protection Bureau DATE: 04/04/2017 Authorized Representative Gary P. Pearl President and CEO JPP-PIG PD (03/08) © 2008, XL America, Inc. Pagel ~S~s. Purchase Order o q 2 t Fiscal Year 2018 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B Ashland Parks Commission INVOICES. AND SHIPPING DOCUMENTS. I ATTN: Accounts Payable-- ~ 20 E. Main Purchase 20181216 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V S C/O Parks Department E FULL CIRCLE REAL ESTATE LLC H Admin Office N 240 EAST MAIN STREET I' 340 South Pioneer D ASHLAND, OR 97520 Ashland, OR 97520 O T Phone: 541/488-5340 R O Fax: 541/488-5314 n -ne lamb (541)4 2-6868 _ _Bets Harshm_ an t 1a _ D$parlsn~l[oea ron -date 0rd~7e= r!> atn = -MMEWMma 02/20/2018 1634 FOB ASHLAND OR Parks Accounts Pa able ~NWE =Unit Price Extended Bride- -ltem# --e~ - = Miscellaneous Real Estate Svcs 1 Provide miscellaneous real estate services as needed 1 $22,000.0000 $22,000.00 Personal Services Agreement Effective date: October 16, 2017 (Retroactively) Completion date: June 30, 2019 Project Account: $22,000.00 GL SUMMARY 123000 - 604100 $22,000.00 By:`-Date: ► - Aut oriz ignature PO Tot1 $22,000.00 F0~2M #3 ~Gy,h CITY OF A request for a Purchase Order ~ ASHLAND REQUISITION , Zv z) Gate of request: P!9- Vendor Required date for delivery: Name Full Circlp Real Fstafp Address, City, State, Zip 240 E. Main Street. Ashland. OR 97520 Contact Name & Telephone Number Eric Poole, 541-481-6868 Fax Number Email: eapoolell@gmail.com 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 f le) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal[Written quote )sal(s) -(Attach copy of council communication) ❑ Slate of Washington Intermediate Procureme. , ❑ 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) Wdtten quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #g, 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) I - (Attach copy of council communication) Description of SERVICES Total Cost Provide miscellaneous real estate services as needed. $i 22',000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal $ Project Number Account Number: 123000.604100 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchase. IT Director Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been sells( Employee; 4,0444-c Department Head: ul-fy G'lh/ tI (Equal to or greater than $5,000) 11 Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. ,rcvy/ NO Z IZZ h Ce Dlrep qual to orgrealer than $5,000) Date Comments.' Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: John Karns, Public Contracting Officer From: Michael Black, Parks and Rec Commission Date: February 14, 2018 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The intent is to hire Full Circle Real Estate for professional real estate related assistance as needed. The estimated cost and amount budgeted is $100 per hour, up to $22,000 as per contract. This service will not entitle the Realtor to seek further compensation as in a customary percentage of sale.. The timeline of the intended contract is from October 16, 2017 through June 30, 2019. A statement of work will be determined upon occurrence as needed. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City does not have a Realtor on staff to provide professional advice on real estate matters. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/14/2018