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HomeMy WebLinkAbout2018-086 George Mckinley 1 Contract for GOODS AND SERVICES Small Procurement Less than$5,000 • CITY OF INDEPENDENT CONTRACTOR: George McKinley ASHLAND CONTACT: George McKinley 20 East Main Street ADDRESS: 13401 Highway 66,Ashland OR 97520 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-890-0788 Email:george @jeffnet.org COMPLETION DATE: June 30,2018 COMPENSATION: Not to exceed$3,000 GOODS AND SERVICES TO BE PROVIDED: Implementing Fire Adapted Communities program of work defined as deliverables in Exhibit C— (Description/Scope of Work). In the event of conflicts or discrepancies among Contract Documents,this form of the City of Ashland Contract 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 this form City of Ashland Contract. NOW THEREFORE,pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified,furnish all labor,equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented,and by entering into this contract now represents,that any personnel assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license. 3. Ownership of Production:All documents,materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements:ORS 279B.220,279B.225,279B.230,279B.235,ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. Indemnification:Contractor agrees to defend, indemnify and save City, its officers,employees and agents harmless from those losses,expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees,or agents. Contractor shall not be held responsible for any losses,expenses,or other damages,directly,solely,and proximately caused by the negligence of City. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 8. Non-discrimination Certification:The undersigned certifies that the undersigned Contractor has not discriminated against minority,women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. 9. Asbestos Abatement License: If required under ORS 468A.710,Contractor or Subcontractor shall possess an asbestos abatement license. 10. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 11. Default. The Contractor shall be in default of this agreement if Contractor commits any material breach or default of any covenant,warranty, certification,or obligation it owes under the Contract. 12. Insurance. Contractor shall at its own expense provide the following: a. Workers'Compensation insurance in compliance with ORS 656.017, if work is performed by employees or volunteers or certification of exemption from such coverage. (Exhibit B—Exemption from Workers'Compensation Insurance). BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED or by subcontractors who are covered by Workers'Compensation insurance or who certify they are exempt from such coverage by completing Exhibit B and delivering it to the undersigned City official.: b. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than$400,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles,as applicable. 13. Governing Law;Jurisdiction;Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 14. 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. Certification. Con -ctor hall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contracts. City of Ashland: By � By Si•nature J� / C; fk�r..:n:s •-f�-- .t/1.a, • �Ntir t-• Ada.w-► 14a,�..i`5 •rint Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase 04415 h :nd Asst.City Attorney natra '� � 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 7 the co act 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. V/ (3) Telephone listing is used for the business separate from the personal residence listing. t/// (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 eviden•-'1 by the ownership of performance bonds, warranties, errors and omission insurance or liab. 'surance relating to the labor or services to be provided. 4._ Ly / i 1-1 , ? Contractor (Date) EXHIBIT B CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason. Contractor is to initial the a,p opriate box as follows: tea SOLE PROPRIETOR nitials) • Contractor is a sole proprietor, and • Contractor has no employees, and • Contractor will not hire employees or subcontractors to perform this contract. CORPORATION - FOR PROFIT (Initials) • Contractor's business is incorporated; and • All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and • All work will be performed by the officers and directors; Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION - NONPROFIT (Initials) • Contractor's business is incorporated as a nonprofit corporation, and • Contractor has no employees; all work is performed by volunteers, and • Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP (Initials) • Contractor is a partnership, and • Contractor has no employees, and • All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this contract, and • Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** LIMITED LIABILITY COMPANY (Initials) • Contractor is a limited liability company, and • Contractor has no employees, and • All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this contract, and • If Contractor has more than one member, Contractor is not engaged in work p- formed in direct connection with the construction, alteration, repair, improvement, .ving o .emolition of an improvement to real property or appurtenances thereto.** 1 17 /(Signature .f Authorized Signer) (Date) (Signer'sTitle) *NOTE: Under OAR436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation, or if less than 10%is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. EXHIBIT C As part of the SW Oregon Fire Adapted Communities Learning Network activity in 2018, George McKinley (contractor) proposes to engage in the below activities. These activities are consistent with broader FACnet goals and will serve to advance these goals in SW Oregon. Item 1: Serve as a Greensprings "neighborhood ambassador" for the 2018 My Southern Oregon Woodlands initiative. This will also include supporting the associated Jackson-Josephine Natural Resource Conservation District effort to provide private non-industrial forest landowners on the Greensprings planning and implementation assistance through the EQUIP program. Tours, presentations, site visits and parterre programmatic support will be included in the effort. Tools to advance this and related landowner initiatives will be expanded through participation in the Tools to Engage Landowners Effectively (TELE) training. As a follow-up to a 2016 workshop, this program of the Sustaining Family Forests Initiative and Yale School of Forestry &Environmental Studies works to expand the effectiveness of landowner outreach and engagement through use of existing USDA social data-sets and identified tools to increase outreach success. Item 2: Work to share information on private landowner management practices and general FAC principles through providing and engaging local student monitoring efforts on McKinley/Kelly forest property on the Greensprings. Two separate monitoring initiatives are planned. 1.) The Oregon Extension is a college-level extension program based on the Greensprings. Students will work with faculty and McKinley to monitor post-implementation soil carbon and stand condition. 2.) LOGOS is a private high school in Medford Oregon. McKinley will provide a post implementation site for students and faculty to learn basic tools of forest stand assessment,working with LOGOS and OSU Extension staff. Item 3: McKinley will work SW Oregon FACnet partners to strengthen our regional FACnet through meetings and other to-be-determined activities. Item 4: This contract will support McKinley in national FACnet participation through participation in appropriate calls and fulfillment of blog post obligations. Budget: The total budget for this program of work is $3,000. Total match of$2,500 will be reported. PAGE 6 USAA CASUALTY INSURANCE COMPANY ADDL INFO ON NEXT PAGE MAIL MCH-M-I 1� RENEWAL OF - (A Stock Insurance Company) State 09 11 13 Teh POLICY NUMBER UJSM5 9800 Fredericksburg Road - San Antonio, Texas 78288 OR '2651265265 I Terr 00911 84 01C 7102 0 OREGON AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time) RENEWAL DECLARATIONS EFFECTIVE FEB 21 2018 TO AUG 21 2018 (ATTACH- TO PREVIOUS POLICY) OPERATORS Vamed Insured and Address 01 GEORGE W MCKINLEY 04 MARIA L KELLY GEORGE W MCKINLEY 13401 HIGHWAY 66 ASHLAND OR 97520-9427 Description-Of Vehlcle(s) VEH USER WORK/SCHOOL _ — _ - Aisles Days VEH YEAR TRADE NAME MODEL BODY TYPE ����j[A,i IDENTIFICATION NUMBER SYM rye Week 09 77 'FORD OTHER 2500 U15GL024887 F 11 98 TOYOTA TACOMA 2+ DOOR 10000 4TAWN74N2WZ151206 P 13 99 FIORD F-350 4 DOOR 7500 1FTSW31F2XEB52306 F The Vehiole(s) described herein is principally garaged at the above address un ess otherwise stated. //UWorh/SChnul;a=aosfness,F=rarity;NPleasure VEH 09 ASHLAND OR 97520-9427 VEH 13 ASHLAND OR 97520=9427 VEH 11 ASHLAND OR 97520-9427 This policy provides ONLY those, coverages where a premium is shown below. The limits shown May be reduced by policy, provisions and may not be combined regardless, of the number of vehicles, for which a premium is listed unless specifically authorized elsewhere in this. policy.- COVERAGES LIMITS OF LIABILITY VEH VEH VEH VEH ("ACV" MEANS ACTUAL CASH VALUE) o9DED6PREMI 6-MONTH 0 DED 6-MONTH 13=DED 6-MONTH D=DED PREMIUM AMOUNT $ AMOUNT $ AMOUNT $ AMOUNT $ _. DART A - LIABILITY BODILY INJURY EA PER $ 100, 000 EA ACC $ 300 , 000 49.. 31 81 . 33 82 . 30 PROPERTY. DAMAGE EA ACC $ -100 ,-000 - • 27 . 21 - 49'.71 45. 47 - DART B - MEDICAL PAYMENTS EA PER $ 1 , 000 . 65 . 83 . 44 PART B - PERSONAL INJURY PROTECTION NO DEDUCTIBLE 13 . 11 15 .63 11 .75 PART C - UNINSURED MOTORISTS BODILY INJURY EA PER $. 100, 000 EA ACC $ 300 , 000 16 . 34 24 . 31 19 . 23 PROPERTY DAMAGE EA ACC $ 100, 000 '15 . 30 22 . 76 18 .00 PART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS D 100 6 . 80D 100 22 . 56D 100 38 . 82 COLLISION LOSS ACV LESS D 500 17 . 30 500 44 . 03D 500 39 . 19 VEHICLE TOTAL PREMIUM 146 .02 - 261 . 16 - 255 . 20 6 MONTH PREMIUM $ 662. 39 PREMIUM DUE AT INCEPTION . THIS IS NOT A BILL , STATEMENT TO FOLLOW. EARNED ACCIDENT FORGIVENESS APPLIES WITH FIVE YEARS CLEAN DRIVING WITH 'USAA. ADDITIONAL MESSAGE (S) - SEE FOLLOWING PAGE ( S) ENDORSEMENTS:. ADDED .,02-21 -18 - NONE REMAIN IN EFFECT(REFER TO PREVIOUS POLICY ) - A402 ( 01 ) RSGPOR (01 ) 51000R(05) INFORMATION FORMS : ORFRD ( 02) F°91 XMM56p00JOi l I I I I:h 1 I RMF5zpO0I)OI 1 1 1 1 1 1.1 3 1 RMM56I)01100I I I I I I C I I I I -11 I III 1 1 In WITNESS WHERE F, we have caused this policy to be signed by our President and Secretary at San Antonio, Texas,- on this date DECEMBER 23, 2017 ✓ rwA ia / lbw 5000 C 05-12. Deneen'Donnley,SeUetary S.Wayne Peacock,President 53383-05-12 i PAGE 7 USAA CASUALTY INSURANCE COMPANY (A Stock Insurance Company) State yet, POLICY NUMBER USAA° 9800 Fredericksburg Road - San Antonio, Texas 78288 OR I I I I Terr 00911 84 01C 7102 0 OREGON AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time)- RENEWAL DECLARATIONS EFFECTIVE FEB 21 2018 TO AUG 21 2018__ _ (ATTACH TO PREVIOUS P_OLI'CY1 - Named Insured and Address GEORGE W MCKINLEY 13401 HIGHWAY 66 ASHLAND OR 97520-9427 Description of Vehicles) VEH USE % WORK/SCHOO VEH YEAR TRADE NAME MODEL BODY TYPE ANNUAL IDENTIFICATION NUMBER SYM ey 14a1ek MILEAGE - the Vehiclelsl describer herein is principally garaged at the above address un ess otherwise stated.(ew;c.warinnahool;B.Sosiness;F=Fuor P=Pln.snre This policy provides ONLY those coverages where a premium Is shown below., The limits -shown may be reduced by policy provisions and may not be combined regardless of the number of vehicles for which a premium is listed unless specifically authorized elsewhere in this po is COVERAGES LIMITS OF LIABILITY VEH VEH EE ("ACV" MEANS ACTUAL CASH VALUE) D=OED PREMIUM AMOUNT PRES IUM ADD —ODD PRE9 IUM MOUNT PREMIUM . _. $ 54 . 12 HAS BEEN WAIVED DUE TO ACCIDENT FORGIVENESS. $ 17. 20 INCLUDED IN PREMIUM FOR VEH 13 AS A RESULT OF A CONVICTION( S) . $ 86 . 40 MORE THAN ON YOUR EXPIRING POLICY . THE PREMIUM ON YOUR RENEWING POLICY IS THE FOLLOWING COVERAGE(S) DEFINED IN THIS POLICY ARE NOT PROVIDED FOR: VEH 09 - RENTAL REIMBURSEMENT; TOWING AND LABOR VEH 11 - RENTAL REIMBURSEMENT , TOWING AND LABDR VEH 13 - RENTAL REIMBURSEMENT , TOWING AND LABDR �I I WITNESS WHEREOF, ' Him)e ve cus Id this poi cy to be signed by our President and Secretary IateSa I Antonio, ITexal On this date DECEMBER 23, 2017 � //puuv,7j4f 5000 cos-12 53383-05=12 ._._._ _ - __ Demean Onnnlav Sarratary S.Wayne Peacock,Presider' Purchase Order , a C *r\( RECORD Fiscal Year 2018 Page: 1 of: 1 B City of Ashland - w.='9l�L ®, eL laaihr==6e-i!E 3b I ATTN: Accounts Payable Purchase L L 20 E. Main 20181362 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable @ashland.or.us V H CIO Fire and Rescue Department E MCKINLEY, GEORGE I 455 Siskiyou Blvd N 13401 HWY 66 p Ashland, OR 97520 O ASHLAND, OR 97520 Phone: 541/482-2770 R T Fax: 541/488-5318 _sr� umtrs = e rftInliar=✓ _ Manama _ Chris Chambers °D- m 0-1if-I -- f olo Niel=_= '=!-i(-N6i-Te .:I a'-'=1?l;figladr=3 ®sle Tg=19a€t- —W W.-AM I1 06/18/2018 1531 FOB ASHLAND OR/NET30 City Accounts Payable ___ a=1=�= =gar I=LI��Sr=— _ — —=_E r it l Implement Communities Program 1 Implementing the Fire Adapted Communities program of work 1 $3,000.0000 $3,000.00 defined as deliverables in contract Exhibit C. Contract for Goods and Services Small Procurement Less than $5,000 Completion date: June 30, 2018 Project Account: E-000583-400 ............... GL SUMMARY ............... 1 072900-604160 $3,000.00 B .�r ��" Date: 6 ileill i/ _ Adthorize ignature al _ $3,000.00 FORM #3 g � 6 7-- ,,ASH CITY OF 0 Q ( LAND REQUISITION f \'� Date of request: 06/05/2018 Vendor Name George McKinley Address,City,State,Zip 13401 Highway 66,Ashland,OR 97520 't - C ontact Name George McKinley //i(IA / � / Telephone Number 541-890-0788 �?/ j t Email address georgeRjeffnet.org 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 copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement CI Request for Proposal (Copies on file) Cooperative Procurement Less than$5,000 ❑ State of Oregon ❑ Direct Award Date approved by Council:_ Contract# ❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5,000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES • ❑ Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Form#9,Request for Approval ❑ Agency ❑ Less than$35,000,by direct appointment Date original contract approved by Council: Y pp ❑ Written quote or proposal attached CI (3)Written proposals/written solicitation Date approved by Council: (Date) ❑ Form#4, Personal Services$5K to$75K Valid until: Date —(Attach copy of council communication) Description of SERVICES Total Cost Implementing the Fire Adapted Communities program of work defined as deliverables in contract Exhibit C. $ 3,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quote/proposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number QI 0 0 5 8 3-4 0 0 Account Number 0 7 2 9 0 0.6 0 4 1 6 0 $_ 3 0 0 0 0 0 Project Number - — — Account Number - Project Number -_ — _ Account Number - $—,_ IT Director in collaboration with department to approve all hardware and software purchases: By signing this r ''on form,I -.'fy that the C' ' i blic contracting requirements have been satisfied. IT Director Date Support Yes/No e Employee. requi — ., �i Department Head: 400101°.— (Equal to or greater than$5,000) Departme anager/Supervisor: 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