HomeMy WebLinkAbout2019-277 Amendment to Services Agreement - Polaris
AMENDMENT NO. 1 to the SERVICES AGREEMENT
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
("City")
and
POLARIS LAND SURVEYING, LLC,
a domestic limited liability company,
("Provider")
for
Land Surveying
RECITALS
A. The City and Provider previously entered into a Services Agreement effective July 25, 2019 (the
"Agreement"), for land surveying services.
B. The City and Provider now wish to amend the Agreement to increase the amount of compensation.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein,
the parties agree as follows:
1. Amend the first sentence of Subsection 2.2 as follows, with strikeout wording deleted and
underscored wording added:
2.2 In no event shall Provider's total of all compensation and reimbursement under this
Agreement exceed the sum of $4588.08 4955.00 without express, written approval from
the City official whose signature appears below, or such official's successor in office.
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2. This Amendment No. 1 is effective upon being signed by both parties.
3. Except as specifically modified by this Amendment No. 1, the terms and conditions of the 1
Agreement remain in full force and effect.
IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their
respective names by their duly authorized representatives as of the dates set forth below:
CITY OF ASHLAND, OREGON POLARIS LAND SURVEYING, LLC
BY By: 5----
Michael Black
APRC Director Printed Name: S~J~., ~'~itwiDY Nh
Date: I I Title: MhH
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Date: lydvv,"A &&r S Q
Page I of L Amendment No. 1 to Services Agreement with Polaris Land Surveying, LLC.
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1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS
656.017, which requires subject employers to provide workers' compensation coverage for 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 k
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. f
1.6 Living Wage Requirement: If the amount of this Agreement is $21,127.46 or more, Provider is required
to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that 1
chapter, 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.
2. CITY'S OBLIGATIONS
2,1 City shall pay Provider the sum of up to $120.00 per hour as provided herein as full compensation for
the Work as specified in the SUPPORTING DOCUMENTS.
" 2 1t1 no event shall Provider's total of all compensation and reimbursement under this Agreement exceed c
the sum of $4500.00 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 5: Agreement between the City of Ashland and Polaris Land Surveying LLC
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FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ~T
Request for a Change Order ASHLAND
Name of Supplier I Contractor/ Consultant: Polaris Land Surveying LLC Total amount of this
contract amendment:
Purchase Order Number: 20200072
$ 455.00
Title/ Description: Surveying Services
❑ Per attached contract amendment
Contract Amendment
Original contract amount $ 4500.00 100 % of original contract
Total amount of previous contract amendments 0 % of original contract
Amount of this contract amendment 455.00 10 % of original contract
TOTAL AMOUNT OF CONTRACT $ 4955.00 110 % of original contract
In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and
conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services
to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered,
the
amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document,
contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by
the
amendment in the procurement documents, it would likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES ✓ NO (If "NO", requires Council approval I Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT - Not exceeding $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or
❑W "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires < 25% of original contract amount or $250,000 cumulative amendments $100K for Goods & Services,
Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees.
Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council
❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication.
PERSONAL SERVICES (Direct Appointment) Communication. ❑ Exempt-Reason:
❑ "YES", cumulative amendments $35,000 ❑ Exempt -Reason:
❑ If "NO", requires council approval. Attach
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods & Services • > $5,000 and < $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the
Personal Services • > $5,000 and < $75,000 25% of original contract amount or $250,000 emergency, including necessity and circumstances
❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment
amendments 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑ Exempt-Reason: ❑ Exempt- Reason:❑ Exempt- Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amount of original contract and cumulative amendments are ❑ Renewal of Intergovernmental Agreement: Terms modified in accordance with initial
within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25% greater than initial agreement. Renewal
Procurement. approved by City Attorney and department head affected by renewal and approved/signed
❑ If "NO", amount exceeding authority requires Council approval. by City Administrator. AMC 2.28.045(B)
Attach co of Council Communication. ❑ If "NO", Council approval is required. Attach co of Council Communication
Project Number _ _ _ _ _ _ _ Account Number 21200 . 604100 _ Account Number_ _ _ _ _ _ _ _ _
'Expenditure must be charged to the appropriate account numbers f e financials to reflect the actual expenditures accurately. Attach extra pages if needed.
Employee Signature: Department Head Signature:
(Equal to or greater than $5,000)
City Administrator:
(Equal to or greater than $25,000 or 10%)
Funds appropriated for current fiscal year. YES / NO
Deputy Finance Director (Equal to or greater than $5,000) Date
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 10/21/2019
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.
Amei n No_1 Goods and Services Agreement between the City of Ashland and Polaris Land Survey
Document: ty (Include names of pardes to the document)
Type of Document: Contract 8 Lease ❑ Easement ❑ Deed ❑ IGA ❑
Other (Specify)
Dept Contact: Tam Kiewd ACTION REQUESTED:
Dept: P-1- Phone: Ext 2257
❑ Review Draft
Date submitted to Legal: 11i19/19
❑ Approve fmal and forward to:
Draft due by:
(Unless indicated, Legal will return document to you)
Return Requested by: Asap
Complete this section ONLY the first time this form is filled out.
Has this document been previously worked on by the Legal Dept Staff? 8 No ❑ Yes
If yes, by whom?
LEGAL DEPT First Date Received by Legal Date: By:
USE ONLY Returned 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:
Retinmed to Dept. for Revision Date: By:
Received for Additional Review by Legal Date: By:
Returned to Dept for Revision Date: By:
Final Logged out b Legal Date: B :
Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LE A :
See Attached-
Return original executed document to City s this document need to be recorded?
Recorder for safekeeping? El No Yes DNo ❑ Yes
CITY ADMINISTRATOR 1 DEPARTMENT HEAD
Please do not sign the attached document until this form has bejti' approved by the Legal Dept below:
FINAL LEGAL DEPARTMENT APPROVAL: ~ Date: