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HomeMy WebLinkAbout2019-013 20190235 Verdant Phoenix, LLC PERSONAL SERVICES AGREEMENT $25,000.00 or less CONSULTANT: Verdant Phoenix, LLC CITY OF CONSULTANT'S CONTACT: Rhianna Simes ASHLAND 20 East Main Street ADDRESS: 4283 Colver Road Ashland, Oregon 97520 Phoenix, Oregon 97535 Telephone: 541-488-6002 Fax: 541-488-5311 TELEPHONE: 541-821-0203 EMAIL: rianna@verdantphoenix.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Verdant Phoenix, LLC, a Domestic Limited Liability Company, ("hereinafter "Consultant"), for horticultural consultation and demonstration garden documentation. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: 1. Effective Date and Term: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically provided in Section 11, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than February 30, 2019. 2. Scope of Work: Consultant shall provide horticultural consultation, and demonstration garden documentation as more fully set forth in Consultant's Proposal dated August 1, 2018, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Compensation: City shall pay Consultant the sum of $40.00 (forty dollars) per hour as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $2,800.00 (twenty-eight hundred dollars) without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict between this Agreement and the supporting documents which cannot be resolved, the provisions of this Agreement shall control over any conflicting provisions in any of the exhibits or other supporting documents. Page 1 of 6: Personal Services Agreement with Verdant Phoenix. LLC. 5. All Costs Borne By Consultant: Consultant shall, at its own risk and expense, perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 6. Qualifications: Consultant has represented, and by entering into this Agreement now represents, that all personnel assigned to the Work to be performed under this Agreement 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. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 27913.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant shall defend, save, hold harmless and indemnify the City and its officers, employees, and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from or arising out of, or relating to the performance of any Work pursuant to this Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services under this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified mail or in person. G. For Cause. The City may terminate this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Persona( Services Agreement with Verdant Phoenix, LLC. iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement 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 entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement 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 Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. Page 3 of 6: Personal Services Agreement with Verdant Phoenix, LLC. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. General Liability insurance with a combined single limit, or the equivalent, of not less than $250,000.00 (two hundred and fifty thousand dollars) per occurrence for Bodily Injury, Death, and Property Damage. OIL' b. 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' prior written notice from the Consultant or its insurer(s) to the City. c. 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 Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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. 16. Nondiscrimination: Consultant 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 any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees 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. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and Page 4 of 6: Personal Services Agreement with Verdant Phoenix, LLC. i (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement 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 the Consultant that arises from or relates to this Agreement 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 f6deral 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 its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Force Majeure. Neither party to this Agreement 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 officers, employees or agents. 21. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 22. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with Verdant Phoenix, LLC. EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, 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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. S ~i Co sultant's signat re 1 0 )01~-' Date EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland ' LIVING employers ALL described WAGE below must comply with City of Ashland laws regulating payment of a 3 per hour, effective June 30, 2017. The Living Wage is adjusted annually every M 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 project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: For temporary and employer and the City of $20,688.86, part-time employees, the Ashland if the contract Living Wage does not apply exceeds $20,688.86 or more. ➢ If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For ➢ For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code employee's or more of the ➢ In calculating the living wage Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, 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 Page 1 of 1: Exhibit B 23. Certification. Consultant shall execute the certification attached hereto as "Exhibit C" and incorporated herein by this reference. 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. THE CITY OF ASHLAND, OREGON: CONSULTANT: I krVjA Signature Sig ature Printed N me Printed Name ik,4 A I ~ inn (S On C- 11~ I Title Title Date Date (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORI~ Ashland Asst. My Attorney Date.... Page 6 of 6: Personal Services Agreement with Verdant Phoenix, LLC. Verdant Phoenix, LLC Proposal: Ashland Parks and Recreation and North Mountain Park Nature Center Scope of Work Contractor: • Name: Rhianna Simes • DBA: Verdant Phoenix, LLC • Address: 4283 Colver Rd Phoenix, OR 97535 • Email: Rhianna@verdantphoenix.com • Phone: 541-821-0203 • Rate:$40/hr Consultation and Weekly Garden Tasks for NMP:: August 2018 - December 2018 Deliverables: Time: 2 hrs/wk, NTE: 40 hrs $1,600 ➢ Meet weekly to identify needs of individual plants, demonstration gardens, NMP grounds ➢ Answer horticultural questions related to the demonstration gardens ➢ Other Demonstration Garden support as needed Plant Identification and Garden Documentation:: August 2018 - December 2018 Deliverables: Time: 2 hrs/wk, NTE: 30 hrs total $1,200 ➢ Identify plant species in demonstration gardens ➢ Create catalog of genus and species for plants in each of the demonstration gardens ➢ Map of each garden ➢ Develop a template for Plant Care information sheets ➢ List seasonal maintenance tasks and horticultural suggestions for demonstration gardens ➢ Binder Table of Contents Submitted: Rhianna Simes Rhianna@verdantphoenix.com 08.01.18 INDEMNITY EXCESS & SURPLUS AGENCY, INC. 1915 ME Stucki Ave #450 INDEMNITY EXCESS & SURPLUS AGENCY iNC Hillsboro, OR 97006 (503) 526-9700 ext. Ext 130 Fax: (503) 626-2260 W W1~T1S-X5. G01 Yi OB93683 SPECIFIED PROFESSIONS SP018G1823 Version 2 Quote is valid until 10114/2018 Please bindl effective: Confirm optional coverages: Fie; Verdant Phoenix, LLC ❑Donotincludeanyoptionalcoverages. Include. the following optional coverages from Section III (Taxes & Fees may apply to optional premium if purchased) ❑ Option 1 -(add: 25 %o -Apply To premium shown For To: The Insurance Center limit selected In Section I,) - Full Prior Acts This policy is eligible to be Direct Billed. Attn: George Wheeler Note: a $5.00 installment fee will apply to each Installment after Commission: 15%o the first - please select one of the following: From Jamie Kay Heisler ❑ Direct Bill both this New Business and future ReInow (ts` (If checked - Select a Payment Plan): jkay@ies-xs.com f (503) 526-9700 ext, Ext 1.30. ❑ SINGLE PAYMENT ❑ TWO PAYMENTS - Premium mast be over $400 THREE PAYMENTS - Premium must be over $675 See the last page. of this quote for Payment Pian Descriptions ❑ Do not Direct Bill this New Business but do Direct Bill future Renewals ❑ Do not Direct Bill this policy NOTE: it the Direct Bill Option Is selected, the Company will invoice the insured. Do not bill or collect the down payment. All taxes, surcharges and fees (except; installment fees) will be billed.ln full with the first installment. Signature: 1. PREMIUM AND UNDERWRITING NOTES/REQUIREMENTS SPECIFIED""PPOFESSIO~IS'PROFESSIONAL".LI'A'BtLiTY POL`lCY INFORMATION Carrier: United States Liability Insurance Company Status: Admitted A.M. Best Rating: A++ (Superior) - X Professional"Liability Prerrl yr $0 Detlttctlble LIMIT OPTIONS PREMIUM WHOLESALER TOTAL BROKER FEE i $250,000/$250,000 $938 $150A0 $1,088:00 ❑ $500;000/$500,000 $1,201 $150.00 $1,361.00 ❑ $1,000,000/$1,000,000 $1,463 $150.00 $1,613.00 ❑ $1,000,0001$2,000,000 $9,738 $150.00 $1,888.00 ❑ $1,000,0000,000,000 $2,0,13 $150.00 $2,16100 $2,000,000/$2,000,000 $2,5fi3 $1,50.00 $2,713.00 P.rOessional"Lik ilityPremium"-$1,000 Deductible Please contact us with any questions regarding the terminology used or the coverages provided. **Flead the quote Carefully, it may not match the coverages requested` Pattie 1 of 3 SPECIFIED PROFESSIONS SP018G1823 Version 2 LIMIT;;OPTIQNS PREMIUM WHOLESALER ; TOTALr $250,000/$250,000 $894 $150,00 $1,044.00 El $500,000/$500,000 $1,145 $150.00 $1,295.00 Ej $1,000,000/$1,000,000 $1,395 $150.00 $1,545.00 E] $1,000,000/$2,000,000 $1,670 $150.00 $1,820.00 $1,000,000/$3,000,000 $1,945 $150.00 $2,095.00 $2,000,000/$2,000 ,000 $2,495 $150.00 $2,645.00 Professional Liability Premium-~$2 50QDeducttale i _ LIMIT OPTIONS PREMIUM,; WHOLESALER", TOTAL 1 BRf KEFi FEE $250,0001$250,000 $850 $150,00 $1,000.00 El $500,000/$500,000 $1,087 $150.00 $1,237.00 F] $1,000,0001$1,000,000 $1,326 $150.00 $1,476.00 $1,000,000/$2,000,000 $1,601 $150.00 $1,751.00 $1,000,000/$3,000,000 $1,876 $150.00 $2,026.00 $2,000,000/$2,000,000 $2,426 $150.00 $2,576.00 Professional J,iafy'rlitr Plefr#t~1m_;$SOQQA~~uctibld~ ` ~k~ F M PREMIUM WHOLESALER TOTAL. IT nPup g , 1j BROKER FEE ; $250,000/$250,000 $828 $150.00 $978.00 E] $500,000/$560,000 $1,060 $150.00 $1,210.00 1 000 000/ 1 000 000 $1,292 $150.00 $1,442.00 E] $1,000,000/$2,000,000 $1,567 $150.00 $1,717.00 El $1,000,000/$3,000,000 $1,842 $150.00 $1,992.00 E] $2,000,000/$2,000,000 $2,392 $150.00 $2,542.00 ADDITIONAL QUOTEINFORMATION Retroactive date: Inception Date of Policy Errors and Omissions Coverage is provided on a Claims Made basis. Privacy Breach coverage is included In the premium shown Privacy Breach limits are equivalent and in addition to the Each Claim and Aggregate limit options shown, but shall not exceed limits of $1,000,000/$1,000,000 Additional Insured - Scheduled Coverage is included in the premium. Classification: Solely in the Performance of Professional Services as a(n) Agricultural/Horticultural Consultant for others for a fee. is ADDITIONALCOSTS NCI:UAE _ ~ i - _ ' Wholesaler Broker Fee $150.00 FREE AND DISCOUNTED BUSINESS SERVICES AVAILABLE TO USLI INSUREDS- VISIT BIZRESOURCECENTER.COM . FOR DETAILS Please note that we will not be able to bind coverage until we satisfy all Prior to Binding requirements. Prior to binding this account is subiect to the following: • Review & approval of a completed USLI Specified Professional Liability application signed by a Principal, Partner or Officer and dated within 45 days prior to the requested effective date. • No use of drones • Confirmation applicant does not act as a manager of the farm facility/land or involved in labor staffing in any way • Does not operate an active farm Please contact us with any questions regarding the terminology used or the coverages provided. }`Read the quote carefully, it may not match the coverages requested" Dane ~J of SPECIFIED PROFESSIONS SP018G1823 Version 2 • Confirm not providing specific Animal Feed recommendations or livestock consulting. • No Extermination or pest control services or pesticide testing services. • Confirm not providing water sampling, lab testing services, Geotechnical Testing Services, Air Sampling Testing Services or environmental remediation/pollution consulting • Confirm not providing or subcontracting any farming or installation services Underwriting Notes: • SP 224 (07/09) - Additional Insured Endorsement adds City of Ashland • If you provide the earliest date of continuous Errors & Omissions Liability coverage (shown as your retroactive date on your declarations page) we can match that, and potentially even provide Full Prior Acts at no additional charge. Please advise. • We are unable to consider GL for this class • Thank you for the opportunity to quote this risk. 11. REQUIRED FORMS & ENDORSEMENTS Errors and Omissions Endorsements CONSA (07/14) Specified Professions Professional SP 283 (04/13) Pro Security Endorsement Liability Application - All States PROF-001 (06/01) Absolute Pollution Exclusion - SP 288 (10/13) Professional Services Limitation Professional PROF-002 (06/01) Mold, Fungus, Bacteria, Virus And SP 298 (12/17) Privacy Breach and Defense of Organic Pathogen-Exclusion - Professional Regulatory Claims Endorsement SP (07109) Specified Professions Professional SP Jacket (09/10) Specified Professions Professional Liability Coverage Form Liability Policy Jacket SP 210 (07/09) Retroactive Date Endorsement SP OR (07/09) Oregon State Amendatory Endorsement SP 224 (07109) Additional Insured Endorsement Ill. OFFER OF OPTIONAL COVERAGE(S) Based on the information provided, the following additional coverages are available to this applicant but are not currently included in the quotation. The additional premium may be subject to taxes & fees. For a firm final amount please contact us and we will revise the quote. Coverage _ Addltional Premlurri Option 1 Full Prior Acts 25 % - Apply To premium shown For limit selected In Section I. IV. DIRECT BILL PAYMENT PLAN DESCRIPTIONS ` One;Yeer Paiyrrtent'PJan DesenpUons - : - - SINGLE PAYMENT - The entire premium is invoiced immediately and is due 20 days after it is Invoiced. TWO PAYMENTS - 50% of the premium is invoiced immediately and is due 20 days after it is invoiced; the balance is invoiced 150 days after inception. THREE PAYMENTS - 40% of the premium is invoiced immediately and is due 20 days after it is invoiced; 30% is invoiced 120 days after inception; the balance is invoiced 210 days after inception. An installment fee as noted on page 1 of this quote applies to each installment after the first. Please contact us with any questions regarding the terminology used or the coverages provided. **Read the quote carefully, it may not match the coverages requested** Pann of q UNITED STATES LIABILITY INSURANCE GROUP USLI.COM A BERKSHIRE HATHAWAY COMPANY 888-523-5545 United States Liability Insurance Company Specified Professions Professional Liability Product SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY APPLICATION This is an application for a claims made policy. Please read your policy carefully. SECTION i. BACKGROUND INFORMATION 1. Name of Applicant: Verdant Phoenix, LLC 2. Address: 4283 Colver Road City: Phoenix State: OR Zip Code 97.935 Phone: Website Address: E-mail Address: 3. Date Established: (if business has been in operation less than 3 years, please provide the resume of a principal, partner or key employee.) 4. Is the Applicant controlled, owned, affiliated or associated with any other firm, corporation or company? ❑Yes ©No If Yes, please provide name(s) and relationship(s); 5. Does the Applicant have any Subsidiaries? ❑Yes I NIO If Yes, please list on a separate sheet and advise if coverage is to apply to them. s. Applicant is: []Corporation ❑Partnership ❑Individual ❑LLC ❑Non-Profit SECTION It. ORGANIZATION OPERATIONS DETAILS 7. Please describe In detail the professional services for which coverage is desired: AoriculturallHorticultural Consultant 8. (a) List total gross receipts derived from activities In question #7 (start-ups please provide best estimates): Gross Receipts Last Year: Current Year (based on 12 months): $L3'00u Forecast for Next Year: (b) Please indicate the percent of receipts from Foreign Operations as listed In section 8a. (i.e. outside of the U.S. and its territories): 9. (a) Describe the 3 largest jobs or projects during the past 3 years Name of Client Services Provided Gross Billings 10. Is the Applicant a licensed Professional (i.e. Lawyer, Accountant...)? ❑Yes ZNo If Yes, advise type of licensed Professional: 11. (a) Number of principals, partners, officers and professional employees directly engaged in providing services to clients: (b) Number of independent/sub contractors. 12, (a) The total percent of Applicant's work done by independent contractors and subcontractors. (b) Do the independent/subcontractors work exclusively for the Applicant? ❑Yes ❑No CONSA 01/08 page 1 of 4 UNnED SPATES LI ILrr INsuR as GROUP USLLCOM A BERX9ryIPE HISHgWAYCOMPFNY 888-523-5545 United States Liability Insurance Company (c) Do the independent/subcontractors provide the same services as the Applicant? ❑Yes ❑No If No, please explain: (d) Are all the independenttsubcontractors required to carry errors and omisslons insurance? ❑Yes ❑Nc (e) Does the Applicant desire to provide coverage for independent/subcontractors (including them as named insured(s) on the policy) while working on the Applicant's behalf? DYes ❑No 13. Please provide the following: Name of Partners, Principals, Key Professional # of Years in Practice Employees and Qualifications/Designations Independent/Subcontractors 14. Does any director, officer, employee, partner or independent/subcontractor of the Applicant serve as an officer or on the Board of Directors of any client or own any financial or equity interest in any client of the Applicant? ❑Yes ❑No 15. What do you see as your potential exposure to a professional liability claim? 16. Does the Applicant use a written contract or letter of engagement with clients? ❑In all cases ❑Sometimes ❑Never 17. Additional Insured(s) to be Included for Errors and Omissions (list name, address and relationship to Applicant): 18. Has any prospective insured ever had their license revoked or suspended or been fined or disciplined in any way or been the subject of any investigation by a regulating body related to their profession? ❑Yes ❑No If Yes, attach an explanatigri::` SECTION 111. CLAIMS INFORMATION Do not complete this section if this is an application for a renewal policy at the same limit of liability with one of the USLI 19. Have you iri fiated litigation against any of your clients in the past 5 years? ❑Yes ❑No (If Yes, advise how many times Applicant has initiated litigation in the past 5 years along with details for each.) 20. During the past 5 years, has any claim been made or suit brought against the Insured, its predecessor(s) in business, or any of its present or former owners, partners, officers, directors, employees or independent contractors? ❑Yes ❑No 21. Is any owner, partner, officer, director, employee or independent contractor aware of any circumstance, allegation, contention, or incident which may result In a claim being made against the Insured, its predecessor(s) in business, or any of its prlesent or former partners, owners, officers, directors, employees or independent ❑Yes ❑No contractors? SECTION IV: PROFESSIONAL LIABILITY INSURANCE COVERAGE 22. Has any Policy of or Application for professional liability insurance on Applicant's behalf or on the behalf of any of the Applicant's principals, officers, employees, independent contractors, oron behalf of any predecessor(s) in business ever been declined, cancelled or renewal refused? Not applicable in Missouri ❑Yes ❑No If Yes, advise details: CONSA 01108 page 2 of4 UNITED STATES LIABILITY INSURANCE GROUP U$LLC'..OM A BERKSHIRE HATHAWAY COMPANY 888-523-5545 United States Liability Insurance Company 23. Is similar professional liability insurance currently in force? Name of Carrier Limit Retroactive Date (if any) Deductible Premium Policy Period Length of time coverage has continuously been in force: SECTION V: BUSINESSOWNERS PACKAGE INSURANCE 24. Has the Applicant had any General Liability claims paid, reserved, or pending in the last 5 years? []Yes ❑No If Yes, please provide details: 25. Additional Insured(s) to be Included on General Liability: Name Relationship to Applicant Address of Ashlsxd oR Q al sc ed Ro ~•;,,S-~. ~sfi Ia,~ 02 anti : #s @I~e dt a t'o p is 9 ~s 7-0 2. &,at ~S 3. '~t1_ - 26. Personal Property Limit, including computer hardware (at 80% coinsurance/replacement cost): 27. Building Charactedsitics a. Are functioning burglar alarms present? ❑Yes ❑No b. Is all electrical wiring connected to functional and operational circuit breakers? ❑Yes []No c. Are there functioning smoke and heat detectors in all units and/or occupancies? ❑Yes ❑No d. Is aluminum wiring present in the building? ❑Yes ❑No 28. Property Protection Class (1-10): 29. Building construction (please check one) ❑Frame - Building is made from wood frame (2x4s/veneers). ❑Joisted Masonry - Outside walls are constructed with bricks/cinder blocks. Roof is made of wood. ❑ Masonry Non-Combustible - Same as Joisted Masonry, except roof is steel. Fire Resistive - Structural steel framing, reinforced concrete outside/load bearing walls 30. Has the applicant had any property claims paid, pending or reserved during the last 5 years? ❑Yes ❑No If Yes, please provide details. CONSA 01/08 page 3 of 4 nn ~ i..,. sw.. ......i:.....,. w..a ..-~.,...a.. ..I,.: «.......:.I ♦H.. I..na c .,..n...7 I-t~i__ 1"_I~I.. 9 Um _D STATES LIABILITY INSURANCE GROUP' USILLCOM A'BEWSHIP.C MtI{AWAY COMPAW 888-523-6545 United States Liability Insurance Company FI=CTION VI: REQUIRED INFORMATION EK UsLI Application. C. Co of resumes on technical and'ke Copy y personnel for select classes). Supplemental Application (for select classes):. Oregon Fraud Statement: Notice to Oregon applicants: Any person who, with intent to defraud or knowing that he Is facilitation a fraud again., insurer, submits an application or files a claim containing a false or deceptive statement may be guilty of insurance fraud. Retail.Agency Name_ The InsuranceCenter License Main Agency Phone Number: Agency Mailing. Address: City: State: Zi p: The signer of this application acknowledges and understands that the information provided ln this' Application is material, to the :insurer's decisic provide the requested insurance and is relied on•.by the Insurer in providing such insurance. The signer of this application represents that the inform. provided in this Application is true and corract in all matters. The signer of this Application further represents that: any changes in matters inquired a in this Application occurring prior to the ehective date of coverage, which render the information provided herein untrue, incorrect or inaccurate in way will be reported to the Insurer immediately in writing. The Insurer reserves the right to modify or withdraw. any quote or binder issued if such dial are material to the insurability, or premium charged, based on the Insurer's underwriting guides. The Insurer is hereby authorized, but not require make any investigation and inquiry in onnection with the information, statements and disclosures provided in this Application. The decision of the In, not to make or to firnit any investigati or inquiry shall not, be dee d a waiver of any rights by the. insurer and shall not estop the Insurer from retyir any statement in this Application evert the Policy is issued. agreed that this Application. shall be the basis of the contract should a polio issued and it wilt be attach nd' a part of the P Applicant's Stgnatur : 'y` P ` i6t Title: (all ~1 f' ~AA"~ Date: SECTION VIX ADDITIONAL QU STIONS Do you use more than 5 independent Contractors? eis W-1 No CONSA 01108 page 4 of 4 as' Purchase Order o Fiscal Year 2019 Page: 1 of. 1 R R E GREo ~yo2 THIS PO NUMBER MUST APPEAR ON ALL B Ashland Parks Commission INVOICES, AND SHIPPING DOCUMENTS. I ATTN: Accounts Payable L 20 E. Main Purchase 20190235 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email payablefa ashiand.or.us S C/O Parks Department V N VERDANT PHOENIX, LLC H Admin Office 340 South Pioneer D 4283 COLVER RD P Ashland, OR 97520 0 PHOENIX, OR 97535 T Phone: 541/488-5340 R O Fax: 541/488-5314 Vendor Phone Number Vendor Fax Number Requisition Number Delivery Reference Rachel Dials Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 10/02/2018 962 FOB ASHLAND OR/NET30 Parks Accounts Pa able Item# Descri tion/PartNo QTY UOM Unit Price Extended Price Garden Consultation 1 Description of Services: 1 $2,800.0000 $2,800.00 Garden Consultation, Plant ID and Garden Documentation. See Attached Scope of Work Contract Name: Personal Services Agreement ($25,000.00 or less)for horticultural consultation and demonstration garden documentation. Terms of Contract: Effective Date: 9/21/18 Completion Date: 2/30/19 Project Account: E-000626-999 $2,800.00 GL SUMMARY 125304 - 602118 $2,800.00 By r _ - Da et Authorized-Si nature PO Total $2,800.00 FORM#3 ~CfTY OF - ti ASHLAND REQUISITION Date of request: 9/17/18 Required date for delivery: Vendor Name Verdant Phoenix LLC Address, City, State, Zip 4283 Colver Rd. Phoenix, OR 97535 Contact Name & Telephone Number Rhianna Simes 541-821-0203 Email address rhianna@verdantphoenix.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ 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 ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services >$5K & <$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5,000 and less than $75,000 ❑ Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed $35,000 ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Annual Cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost Garden Consultation, Plant ID, and Garden Documentation See attached Scope of Work $ 2,800 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quote/proposal TOTAL COST $ 2,800 Project Number 000626 .999_ Account Number 125304 - 602118 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: IT Director Date Support -Yes /No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied. Employee. ` Department Head: (Equal to or greater than $5,000) Departure ` anager/Supervisor: t . s `1 City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Rhianna simes Personal Services Agreement V' j'n (Include names ofparties to the document) Type of Document: Contract 8 Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other (Specify) Dept Contact: LibbyVanWyhe ACTION REQUESTED: Dept: Packs and Rec Phone: EXt 2474 Review Draft Date submitted to Legal: s/zs/rs ❑ Approve final and forward to: Draft due by: (Unless indicated, Legal will return document to you) Return Requested by: 9111118 Complete this section ONLY the first time this forin is filled out: Has this document been previously worked on by the Legal Dept Staff? ❑ No Yes If yes, by whom? xatnna LEGAL DEPT First Date Received by Legal Date: By: USE ONLY Rearmed to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Retuned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Rehuned to Dept for Revision Date: By: Final Logged out b Legal Date: B : Comments from LEGAL to DEPARTMENT: Comments from D PAR MENT to LEGAL: ❑ See Attached- Katrina and I discussed lowering the insurance requirements for this low-risk garden consultation contract. Katrina agreed # r z° _ c c r ' yi J l ~s • that $250.000 in General Liability would be enough. I've modified the insurance section. If it's A as is, I will send to Rhianua Simes for signature. Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? ❑ No Yes Cl No ❑ Yes CITY ADMINISTRATOR / DEPARTMENT HEAD Please do not sign the attached document until this form has been~aporoved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: =3 - Date: a