HomeMy WebLinkAbout2019-267 20200220 Fair Housing Council of Oregon
SERVICES AGREEMENT (LESS THAN $25,000)
PROVIDER: Fair Housing Council of Oregon
CITY OF PROVIDER'S CONTACT: Louise Dix
-ASHLAND
20 East Main Street ADDRESS: 1221 SW Yamhill Street, Suite 305
Ashland, Oregon 97520 Portland, OR 97204
Telephone: 541/488-5587
Fax: 541/488-6006
PHONE: 503-223-8197 X 112
This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an
Oregon municipal corporation (hereinafter "City") and The Fair Housing Council of Oregon, a non-profit
corporation ("hereinafter "Provider"), for Fair Housing for Emergency Shelter Providers Training.
1. PROVIDER'S OBLIGATIONS
1.1 Provide one three-hour Fair Housing for Emergency Shelter Providers trainings as set forth in the
"SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein.
Provider expressly acknowledges that time is of the essence of any completion date set forth in the
SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized
except in the same manner as herein provided for authority to exceed the maximum compensation.
The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be
collectively referred to as "Work."
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1.2 Waived Provider- shall obiain and maintain during the term of this Agreement and-until Citys fi
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or- the equivalent, of not less tha
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$2,000,000 Damage.
1.2.1 The required
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pfavided that the poliey limits shall not be iner-eased theFeb~-,
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• Apply , . I Ewer-age for- eaeh additional named insur-ed exeept to the extent tha
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two or- fflar-e stieh policies are intended to
liability; they
provide total cover-age ff om the fiFst dollar- of Page 1 of 6: Agreement between the City of Ashland and Fair Housing Council of Oregon
Preyide` shall supply an endorsement naming the Cah. its ^Fr,^"° emplayees and agents
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addit:'hh'sl insureds by the 1r ffeeti` a Date of this Agreement; and
• Be eyideneed by s re.4i{7sste. or s°#-i fie.htes ..F suelh :^quiral appE yed by Rho !`:t..
1.3 Waived Provider shall, at its own expense, G-R-nipensation insuranse in somplianse
all of its subject employees
1.4 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 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.
1.5 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 Providers of the Provider's obligations under
this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.
2. CITY'S OBLIGATIONS
2.1 City shall pay Provider the sum of $839.00 as provided herein as full compensation for the Work as
specified in the SUPPORTING DOCUMENTS.
2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed
the sum of $839.00 without express, written approval from the City official whose signature appears
below, or such official's successor in office. Provider expressly acknowledges that no other person
has authority to order or authorize additional Work which would cause this maximum sum to be
exceeded and that any authorization from the responsible official must be in writing. Provider further
acknowledges that any Work delivered or expenses incurred without authorization as provided herein
is done at Provider's own risk and as a volunteer without expectation of compensation or
reimbursement.
.3. GENERAL PROVISIONS
3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work
from Provider and is free to procure similar types of goods and services from other providers in its
sole discretion.
3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose.
3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability
insurance, paid leave, and retirement.
Page 2 of 6: Agreement between the City of Ashland and Fair Housing Council of Oregon
3.4 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.
3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject
matter hereof. It supersedes all prior agreements, negotiations, and representations between the
parties, whether written or oral.
3.6 This Agreement may be amended only by written instrument executed with the same formalities as
this Agreement.
3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 27913.220, 27913.230 and 27913.235.
3.7 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.
3.8 Provider 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, arising out of, or relating to the activities of Provider or its
officers, employees, contractors, or agents under this Agreement.
3.9 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.
3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable,
such provision shall not affect the other provisions, but such unenforceable provision shall be deemed
modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the
intent of Provider and the City set forth in this Agreement.
4. SUPPORTING DOCUMENTS
4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are
collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:"
• Email Exchange regarding Fair Housing Training with the Fair Housing Council and the Cities of
Medford and Ashland.
4.2 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. In the event of conflict between provisions of two of the
Page 3 of 6: Agreement between the City of Ashland and Fair Housing Council of Oregon
SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the
order listed in Subsection 4.1.
5. REMEDIES
5.1 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:
5.1.1 Termination of this Agreement;
5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled
completion dates or any Work that have been delivered inadequately or defectively;
5.1.3Initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief;
5.1.4These 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.
5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement
or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall
pay immediately any excess to City upon written demand provided.
6. TERM AND TERMINATION
6.1 Term
This Agreement shall be effective from the date of execution on behalf of the City as set forth below
(the "Effective Date"), and shall continue in full force and effect until October 10, 2019, unless sooner
terminated as provided in Subsection 6.2.
6.2 Termination
6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time.
6.2.2The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement
for any reason deemed appropriate in its sole discretion.
6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior
written notice if the cause is not cured within that fourteen (14) day period after written notice.
Such termination is in addition to and not in lieu of any other remedy at law or equity.
7. NOTICE
Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in
writing 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, to
the address set forth below:
If to the City:
City of Ashland - Community Development Department
Attn: Linda Reid, Housing Program Specialist
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 552-2043
If to Provider:
Fair Housing Council of Oregon
Page 4 of 6: Agreement between the City of Ashland and Fair Housing Council of Oregon
Attn: 1221 SW Yamhill Street, Suite 305
Portland, OR 97205-2110
Phone: (503) 223-8197
8. WAIVER OF BREACH
One or more waivers or failures to object by either party to the other's breach of any provision, term,
condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent
breach, whether or not of the same nature.
9. PROVIDER'S COMPLIANCE WITH TAX LAWS
9.1 Provider represents and warrants to the City that:
9.1.1 Provider 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 Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
9.1.2Provider, fora 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 Oregonb , 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 Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of
any political subdivision of the State of Oregon shall constitute a material breach of this Agreement.
Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material
breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate
this Agreement and to seek damages and any other relief available under this Agreement, at law, or
in equity.
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.
Page 5 of 6: Agreement between the City of Ashland and Fair Housing Council of Oregon
CITY 6F.ASHMAf4 Fair Housin Council Oregon (PROVIDER):
By: By:
W&-
nature Signature 47
t~ ~c~ I r e~ cC_ Allan Lazo
rinted Name Printed Name
t v;J %T -Dv~ Executive Director
Title Title
lU 2 1 10/11/19
Date Date
Purchase Order No. (W-9 is to be submitted with this signed Agreement)
Page 6 of 6: Agreement between the City of Ashland and Fair Housing Council of Oregon
r
Purchase Order
Fiscal Year 2020 Page' 1 of: 1
1
THIS PG NUMBER MUSTAPPEAR ON ALL
B City of Ashland INVOICES AND SHIPPING DOCUMENTS.
I
L A20 E. Main TTN: Accounts Payable Purchase
L Ashland, OR 97520 Order# 20200220
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V H C/O Planning Division
E FAIR HOUSING COUNCIL OF OREGON 1 51 Winburn Way
N 506 SW 6TH AVE STE 1111
D PORTLAND, OR 97204 P -Phone: 541/488-5305
05O
R O Fax: 541/552-2050
ift
Linda Reid
10/16/2019 583 FOB ASHLAND OR/NET30 Cit Accounts Pa able
Fair Housing Council
1 Fair Housing, Education and Outreach, compilation of complaint 1 $839.0000 $839.00
data from a variety of sources, fair housing information and
referral services, complaint intake and investigation and resolution
(when possible).
Services Agreement (Less than $25,000)
Completion date: 10/10/2019
Project Account:
GL SUMMARY
092716 - 604100 $839.00
By: Lf. { Date: E E
Authorized Signature $839.00
FORM #3 CITY OF
A request for a Purchase Order ~ ASHLAND
REQUISITION Date of 10/14/2019
Required date for delivery: N/A
Vendor Name Fair Housing Council
Address, City, State, Zip 1221 SW Yamhill Street, Suite 305, Portland, Or 97205
Contact Name & Telephone Number Louise Dix, 503-223-8197 X112
Fax Number
SOURCING METHOD
❑ Exemptfrom Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on f le) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
X Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
® Direct Award Date approved by Council: Contract #
❑ VerbaVWdtten quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100.000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes 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
F] Less than $35,000, by direct appointment L] 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
Description of SERVICES Total Cost
Fair Housing, Education and Outreach, compilation of complaint data
from a variety of sources, fair housing information and referral services,
complaint intake and investigation and resolution (when possible). $439.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST.
❑ Per attached quotelproposal~
Project Number Account Number
Account Number 10-09-V-%--B6A'TD0-' CcountNumber
'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 soft fare purchas :
ITDir ctor Date Support-Yes/No
By signing this re uisdion form, I ce ' that the C 's public contracti lqufrements have been sat' r
10 Employee: ~V Departme Head: 11 ( Zt>Ic
(Equ fto or greater an $1,000)
Department Manager/Supervisor: City Adminis rator_.
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year., YES / NO
Finance Director- (Equalto orgreaterthan $5,000) Date
Comments:
Fonn #3 - Recuisiton