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HomeMy WebLinkAbout2022-002 PO 20220243- Bar Code Services • Cal.( `ftI Purchase Order 11141111 Fiscal Year 2022 Page: 1 of: 1 B City of Ashland = r$ _ _ —= ATTN: Accounts Payable 20 E. Main Purchase L Ashland, OR 97520 Order 20220243 T Phone: 541/552-2010 O Email: payable@ashland.or.us ✓ H C/O Electric Department E BAR CODE SERVICES I 90 North Mountain Ave N PO BOX 1288 p Ashland, OR 97520 ASHLAND, OR 97520 Phone: 541/488-5357 R T Fax: 541/552-2436 _ — €c, }] _ t= (541)488-1468 MaryMcClary _r.s i [3 —5 & e72:17? E3 ; '"91= ?� e— .� Yt1be _�_= (1 =_ _ = dim I�9� 01/24/2022 659 FOB ASHLAND OR/NET30 City Accounts Payable Software Maintenance 1 Software Maintenance and Support for Electric Billing Program 1.0 $6,000.00 $6,000.00 (On site/off site as needed) Contract for Personal Services less than $35,000.00 Completion date: 06/30/2022 Project Account: ***************GL SUMMARY*************** 111800-604100 $6,000.00 By: „Xit( Date: Authorized Signature .6 000.00 FORM #3 „Or i 7 /- ,e 02 CITY OF D A request for a Purchase Omer SH LN REQUISITION Date of request 01/12/2022 Required date for delivery: _ I . . . BAR CODE SERVICES Vendor Name /.� f Address,City,State,Zip PO BOX 1288,ASHLAND,OR 97520-0043 / /' 7.' Contact Name&Telephone Number WILL@BARCODESERVICES.COM f Email address j SOURCING METHOD v I ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: _ ❑ Form#13,Written findings and Authorization 0 AMC 2.50 .090(1)(2) (Attach copy of council communication) ' ❑ Written quote or proposal attached ' It Written quote or proposal attached _(If council approval required,attach copy 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# _ ❑ VerballWritten bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council:- Contract# _(Attach copy 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 bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: ' Date Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval • 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.'(Attach copy of council communication) Date approved by Council: Valid until:_ __(Date) Description of SERVICES Total Cost Maintenance of software billing program,on site/off site rate of$125.00/hr,minimum$175.00. Tech .- , support to be provided on a"as needed"basis. July 2021 to June 2022,not to exceed$6,000.00 Item # Quantity Unit Description of MATERIALS , Unit Price Total Cost ❑ Per attached quote/proposal i TOTAL COST Project Number _ _ Account Number 1 1 1 8 0 0. 6 0 4 1 0 0 '' 6IOoo 0' 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,I certify that the City's public contracting requirements have been satisfied. '-L Employee: 71/17-Nee-17 Department Head: (Equal to or greater than$5,000) Department Manager/Supervisor: City Manager: (Equal to or greater t $$S,OOJIJ Funds appropriated for current fiscal year: / / NO , tl -M-.A7 Finance irecto (Equal to or greater than$5,000) Da e Comments: Form#3-Requisition - • DATE(MM/DD/YYY`) ACCORD. CERTIFICATE OF LIABILITY INSURANCE 01/13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SandySchorovsky Staterarm JACOB FINCH STATE FARM INSURANCE PHONN Ext): 541 482-8470 ac,No): 541 482-6956 CD1746 ASHLAND ST E-MAIL CYO ADDRESS: ® ASHLAND,OR 97520 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURER B HERSHMAN,WILL INSURER C: El dba BAR CODE SERVICES INSURER D: PO BOX 1288 INSURERE: El ASHLAND, ASHLAND,OR 97520-0043 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR J1NSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 X 97-CN-Y497 4 02/01/2022 02/01/2023 PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JET LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION I PER ' OTH- AND EMPLOYERS'LIABILITY YN • STATUTE ER OFFICER/MEMBER EXCLUDANY EPROPRIETOR/PARTNER/EXECUTIVE YN/A 97-CM-K423-9 05/19/2021 05/19/2022 E.L.EACH ACCIDENT $ 500,000 (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ 500,000 Eyes,describe under 500,000 DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached If mom space Is required) BAR CODES SERVICES-BUSINESS OFFICE POLICY AND WORKERS COMP POLICY • 500 HELMAN ST, ASHLAND,OR 97520 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE_ WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Ashland Attn:Procurement AUTHORIZED REPRESENTATIVE 90 N.Mountain Ave Completed by State Farm Underwriting Operations.If signature Ashland,OR 97520 is required,please refer to contact name above. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.13 04-22-2020 Bar Code Services Will Hershman PO Box 1288. 500 Heiman Street•Ashland, OR 97520 (541)488-1468/fax 482-0310 email will@barcodeservices.com January 13, 2022 To: Mr. Thomas Bartlett, Electric Distribution System Manager Electric Department City of Ashland Re: Proposal for renewing technical support maintenance contract for fiscal year, July 1, 2021—June 30, 2022 with Bar Code and the Electric Department's Project Billing and Cost Estimation Programs. There is a need for on-going technical support regarding the bar billing and estimating system utilized by Electric Department management. Throughout the year situations occur such as upgrades and modifications that require technical program support. Incidents such as changes in the City of Ashland's program environment including network changes and specific requirement program modifications arise that call for immediate attention. By renewing my contract, I can respond to support calls without having to delay the needed support by having to get purchasing approval first. My Project Billing and Cost Estimation Programs have been very effective in enabling the Electric Department to provide billings and estimates of work and material for more than 10 years. I am confident that the Electric Department management is in support of this proposal. Fiscal Year: July 2021 through June 2022 Not to exceed: $6,000. Technical support to be provided on an "as needed", on-site and remote services will be billed at an hourly rate of$125/hr. Minimum on-site billing $200.00 Contract for Personal Services less than $35,000.00 • CONSULTANT: BAR CODE SERVICES CITY OF ASH LAND CONTACT: WILL HERSHMAN 20 East Main StreetADDRESS: PO BOX 1288, ASHLAND, OR 97520 Ashland, Oregon 97520 Telephone: 541/488-6002 TELEPHONE: 541 488.1468 Fax: 541/488-5311 FAX: EMAIL: will@barcodeservices.com EFFECTIVE DATE: 07/01/2021 COMPLETION DATE: 06/30/2022 COMPENSATION; Technical support to be provided on an "as Needed", on site and remote services will be billed at an hourly rate of$125/hr. Minimum on-site billing $200.00. Not to exceed annually $6,000.00. SERVICES TO BE PROVIDED: Electric Department technical support regarding the connection fee application, including the billing and estimating system application with all upgrades and modifications. ADDITIONAL TERMS: Waiver of Professional Liability Insurance. In the event of a conflict or discrepancy among the contract documents,this City of Ashland Contract for Personal Services will be primary and take precedence,and any exhibits or ancillary agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1)the services to be acquired are personal services; (2)the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4)the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract 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. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents:All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If,the amount of this contract is$20,688.86 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees'to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, Contract for Personal Services less than$35,000.00, 06/19/2017, Page 1 of 6 actions, costs,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may tie terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or riot renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require,then the contract 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 contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in 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 contract. e. Obligation/Liability of Parties. Termination or modification of this contract 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 subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information,works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers'compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract 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 shall not create any contractual relation between the assignee or subcontractor and City. 13. 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 it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if • consultant has qualified as a QRF for this 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 Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: • $250,000, $500,000, $1,000,000,$2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Personal Services less than$35,000.00, 06/19/2017, Page 2 of 6 $100,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. ' e. 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'written notice from the Consultant or its insurer(s)to the City. f. 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 Contract.The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. 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. 15. Governing Law;Jurisdiction; Venue: This contract 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/or any other or department of the State of Oregon)and the Consultant that arises from or relates to this contract 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 federal 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 the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a:waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise,from any claim or from the jurisdiction. 16. 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. 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 CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract 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 contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. 18. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. 19. Consultant's compliance with Oregon Tax Law: (1) Consultant represents and warrants to the City that 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. (2) Consultant represents and warrants that, for a period of no fewer than six (6) calendar years preceding the Effectiv of this Agreement, it 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 (iii) Any, rules, regulations, charter provisions, or ordinance that implement or enforce any of the foregoing tax I provisions. Contract for Personal Services less than$35,000.00, 06/19/2017, Page 3 of 6 Consultant: City of Ashlai By 4/fate.,;. 1/kV. 4.1.,.x... B _..��!''y�'J _, Signet e Y -- 11 (1118,&)411424-0 Department Head ("I1 i /1" l wJ �� 8/&)4 ` t Thomas_McBartlett Print Name tPrint Name L4.1/ 1/20/22 Title Date (W-9 is to be submitted with the signed contract. Purchase Order No. �3 • • Contract for Personal Services less than`.$35 000.00,06/19/2017,Page 4 of 6 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 (e) 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 iri accordance with its term s, (c) the work under the Contractshall be performed in accordance with thehighest 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 Oregontax laws, itis an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or more of the following criteria that apply to its business.. (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. • (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. �0". (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 evidenced by the ownership of performance bonds, warranties, errors and omission insurance,or liability insurance relating to the labor or services to be provided. A 14 4.--s1 ao Contractor /f',/�J", s (Date) B 63 veru Contract for Personal Services less than$35,000.00,06/19/2017, Page 5 of B CITY OF ASHLAND , OREGON EXHIBIT D-B • City of Ashland • LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating _ ga ment of a living wage. $14.81 per'hour effective June 30, 2017. (Increases:annually every June 30 by the Consumer Price Index) Employees must be paid a portion of business'of their 401K and IRS eligible living wage: 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: "Employee"does not employer and the City of $20,688.86. include temporary or part-time Ashland if the contract employees hired for less than exceeds$20,688.86 or more. D If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50%or more of the > In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: 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 Contract for Personal Services less than$35,000.00, 06/19/2017, Page 6 of 6