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HomeMy WebLinkAbout2022-013 PO 20220258- Lalande Archaeology & History Services PrAll Purchase Order Fallaa Fiscal Year 2022 Page: 1 of: 1 d .e c� $tei4I B City of Ashland _ _ _—___� I ATTN: Accounts Payable A20 E. Main e,ri '-"_ Purchase 20220258 0220258 , Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/0 Public Works Department E LALANDE ARCHAEOLOGY& HISTORY SERVICES 1 51 Winburn Way N 495 CHESTNUT ST#8 p Ashland, OR 97520 0 ASHLAND, OR 97520 Phone: 541/488-5347 R T Fax: 541/488-6006 r fits _'-e[61^ ro vA}q6,fz €;°ii=i ----eZ:M='=Ez3fs _ _i �� — 7,4"--- --'. Pri i i 14ar- t�_117:§t:=+ eF- _ ----7.--'--2----- (541) -_ (541) 778-32 5p—�-7 ...�-Scott Fleu miii&zoler .,: turoirigiiiiiii-* ; LIIP _ -ri_ F d:.LL_ 3- `_ _ _- = . I-n P :._g '-6.tea — - '_ . 02/02/2022 829 FOB ASHLAND OR/NET30 City Accounts Pa able Jii;a—__.� ' t= —'— �=-oma — _ .- Consulting WWTP Outfall , 1 Archaeological cultural consulting to support construction of the 1.0 $4,000.00 $4,000.00 Wastewater Treatment Plant Outfall Personal Services Agreement(Less than $35,000) Completion date: February 28, 2023 Project Account: E-201321-999 *************** GL SUMMARY*************** I 086100-704200 $4,000.00 I I I 6 -7.--s-: ... ..,-7_ ii1//11L By: Date: %J ~ � _ : Authorized Signature iti�e .4 000.00 • c �-� o '7- C-.21) . FORM#3 _,/I , h ' •C I T v o i� q Up Vt �lHI1LAND A regil.ic.141 for fel kirccl•t;.l e c.h.doi• l REGMESIITQ®i�l u/ ate of request: 0110312022 Y ' Required date for delivery: f Vendor Name La Lande Archaeology and History Services I I Address,City,State,Zip ; PO Box 333 Ashland,OR 97620 . Contact Name&Telephone Number Jeff LaLonde 641-778-3257 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ invitation to Bid " ❑ Emergency ❑ Reason for exemption:- Date approved by Council:_ _ 0 Form 1113,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(if council approval required,attach copy of CC) O Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon � Direct Award _(Attach copy of council communication) Contract ll ❑ Verbal/Written bids)or proposal(s) 0 Request for Qualifications(Public Works) ❑ Slate of Washington Date approved by Council Contract!! • _(Attach copy of council communication) 0 Other government agency contract • Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(115,6,7 or 8) Contract!! • _ Greater than$5,000 end less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form 114,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Dale) Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.60.070(4) ❑ (3)Written proposals&solicitation attached .0 Form 119,Request for Approval ' 0 Annual cost to City exceeds$25,000,Council , ! ; ❑ Form 114,Personal Services$51(to$751( 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council:_ • Valid until: • (Date) Description of SERVICES • Total Cost Archaeologicallcultural consulting to support construction of the Wastewater Treatment Plant Outfall4,000:00 , Item# Quantity Unit Description of MATERIALS Unit Price Total Cost i, .• • � 1 CI Per attached quotelproposal TOTALCOST • :$ Project Number 2 0 1 3 2 1•___ Account Number 0 a 1 a o o.7 0 4 2 0 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: ITDiiector • Date Support-Yes/No , By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee:60 A0 ' +� !v�' Department Head: • _—1l��� - t ib L • �✓ �'lot g:•,e inn$5,000) Department Manager1Supervlsor: City Manager • �r, o' , - ® •guano, $ alerthan$35,001 Funds appropriated for current fiscal year: YES/NO r �L _____. -/ 1-j ?-) F!lance l►eclor(Equal to orgreatarthen$5,000) Date . Comments: • 1 . Form 113-Requisition • • • • . • I • • • CITY OF • • ASHLAND • • Memo • DATE: - December.30,2021 • TO: Scott Fleury,PE,Director of Public Works FROM: Kaylea Kathol,Sr.Project Manager RE: Low Risk,Less Stringent Insurance Coverage - • It is my intention to hire Jeff LaLande,owner of LaLande-Archaeology and History Services,to provide . archaeological consulting services during excavation activities related to relocation of the Wastewater Treatment Plant outfall relocation. LaLande Archaeology and History Services carries the insurance limits that are lower the City's standards,including$1M general liability(City requires$2M),and$0 Errors and Omissions(City requires$IM). I believe the City's requirements are not necessary for this project based on the reasons provided below. - General Liability • It is my opinion that the risk associated with the services requested is sufficiently low to justify waiving the . City's higher general liability insurance requirements. There are multiple factors that contribute to my opinion • of low risk,foremost is the nature of the services provided.Mr.LaLande will respond to calls during excavation -I in the event of"inadvertent discovery"of culturally significant articles or human remains. Due to the nature of the project site,and information received during the City's extensive consultation with tribal authorities and the State Historic Preservation Office,the likelihood of such an encounter is not substantial. The anticipated infrequency.of Mr.LaLande's presence on the project site will automatically minimize risk. Moreover,in the event that he does get called upon to inspect an inadvertent discovery,it will coincide with a halt in construction and the exclusion of the public. Eliminating these two variables that the City otherwise has little control over dramatically reduces risk associated of a site visit. • • Professional Liability(Errors and Omissions) Archaeologists rarely carry E&O insurance,nor is it readily available to them. Because archaeology tends to be • . a sub-surface specialty,it is characterized by infinite"unknowns". An archaeologist can make no guarantees regarding what will and will not be found or observed underneath a job site. It is therefore without justification • to require an archaeologist to carry E&O insurance on a job that is completely sub-surface in nature. • • • • • • - I V • Page 1 of 1.• - • • W , t • • • • PERSONAL SERVICES AGREEMENT (LESS THAN$35,000) • CONSULTANT: LaLande Archaeology and History • • Services • . CITY OF ASHLAND ADDRESS: .P.O.Box 333,Ashland OR 97520 20 East Main Street Ashland,Oregon 97520 TELEPHONE: 541-778-3257 • Telephone: 541/488-5587 • Fax: 541/488-6006 EMAIL: jmaxlalande@gmail.com • • • This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and LaLande Archaeology and History • Services,a domestic professional corporation("hereinafter"Consultant"),for Archaeological/cultural consulting to support construction of the Wastewater Treatment Plant Outfall Relocation. • NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and • Consultant hereby agree as follows: 1. Effective Date and Duration: 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 herein,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 • 28,2023. • 2. Scope of Work: Consultant will provide Archaeological/cultural consulting to support construction of the Wastewater Treatment Plant Outfall Relocation as more fully set forth in the Consultant's Proposal dated November 23,2021,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. Supporting Documents/Exhibits; Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary 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 exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall,.at its'own risk,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. • 5. Qualified Work: 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 Page I of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES • • • registered, licensed or bonded by the State of Oregon,are so registered, licensed and bonded. • 6. Compensation: City shall pay Consultant the hourly rates effective 11/23/21as specified in the • SUPPORTING DOCUMENTS.In 110 event shall Consultant's total of all compensation and • • reimbursement under this Agreement exceed the sum of$4,000.00 (four thousand 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. 7. Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or ally 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.220,279B.230 and 279B.235. • •9. Living Wage Requirements: If the amount of this Agreement is$22,310.46 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 hereby agrees to defend,indemnify,save,and hold City,its officers, employees,and agents harmless from any and all losses,claims,actions,costs,expenses,judgments,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 Agreement by Consultant(including but not limited to,Consultant's employees, agents,.and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses,expenses,actions,costs,or other damages, caused solely by the gross 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 thirty(30)days'prior written notice delivered by certified mail or in person. c. For Cause. City`may terminate or modify 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 Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES • - I • • • • • Agreement or are no longer eligible for the funding proposed for payments authorized by this. Agreement;or • 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 the Work collator by this Agreement within the time specified herein or within any extension thereof. • • iii. The rights and remedies of City provided iri this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. • 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the • City for any purpose. . 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. : • • • 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. . • • • 15. Insurance. Consultant shall,at its own expense,maintain the following insurance: a. Workers' Compensation. Consultant shalt obtain and maintain Workers' Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon Workers' • Compensation coverage for its subject workers,unless such employers are exempt under ORS • 656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City. b.. Professional Liability insurance with a combined single limit,or the equivalent,of not less than x;ekete er occurrence. This is to cover any damages caused by error, - ission ornegligent acts related to the Work to be provided under this Agreement. • Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND • • HISTORY SERVICES • • c. General Liability insurance with a combined single limit,or the equivalent,of not less than 'x,i i r si i i ]lie do liars)per occurrence for Bodily Injury,Death,and Property Damage. t-OOb tOif y ins�orl d. u�omob► e ►ab► ► insurance with a combined single limit,or the equivalent,of not less than $1,000,000(one million dollars)for each accident for Bodily Injury and Property Damage,including .„4({,.......„,, 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 thirty(30)days' prior written notice from the Consultant or its insurers)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 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 and endorsements prior to commencing the Work under this Agreement. 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, I, 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 BETWEEN THE CITY OP ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES . f • CITY OF ASHLAND: LA LANDE ARCHAEOLO€Y AND 'STORY SER CES(� ti N TAi oi By: ���1%`�® By: V � i�/Ai ±./ // rah •e Scar y // . • Printed Name Pr'ited Name Title Title vX Dte Date • Purchase Order No. (W-9 is to be submitted with this signed Agreement) • •• f� • • .l I • i Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND XXXXX. • • • • (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law;Jurisdiction: This Agreement shall be governed and construed in accordance with 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. 19. Notice. Whenevernotice 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,by mailing using registered or certified United States mail,return receipt requested,postage prepaid,or by electronically confirmed at the address or facsimile number set forth below: If to the City: Public Works Attn:Kaylea Kathol 20 East Main Street Ashland,Oregon 97520 With a copy to: City of Ashland-Legal Department 20 East Main Street Ashland,Oregon 97520 If to Consultant: • La Lande Archaeology and History Services P.O.Box 333 Ashland OR 97520 20. Amendments. This Agreement may be ainended only by written instrument executed by both parties with the same formalities as this Agreement. 21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS,OR REPRESENTATIONS,EITHER 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. 22. Certification, Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated herein by this reference. Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES I - 1 I . i • eA�� Request for Taxpayer to the ' f Form ■■ 9 (Rev.October 2010 • Identification Number and Certification Give • Form• requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service WOO to www.Irs.gov/FormW9 for Instructions and the latest Information. 1 Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank. Jeffrey M.LaLande 2 Business name/disregarded entity name,If different from above LaLande Archaeology and History Services m 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes. certain entitles,not individuals;see o. • instructions on page 3): o 0 IndividuaVsote proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate to single-member LLC el c Exempt payee code(if any) ,p'•r—r ❑ Limited liability company.Enter the tax classification(C=C corporation.S=S corporation,P=Partnership)D .. `0 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner.Do not check Exemption from FATCA reporting .....•U LLC IF the LLC Is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is lI an" o E another LW that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code F an • tE Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ' U ❑ Other(see Instructions)D &Appresto occoonbmabraodoal,Mo rhoU.SJ w fn 6 Address(number,street,and apt.or suite no.)See Instructions. Requester's name and address(optional) • oP.O.Box 333 . 0 City,stale,end ZIP code Ashland,OR 97520 7 List account number(s)here(optional) Part I., Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to Number To Dive the Requester for guidelines on whose number to enter. T . '.Part II Certification Under penalties•of perjury,I certify that: ' - 1.The number shown on.this form Is my correct taxpayer identification number(or I am waiting for a number to be Issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and• - 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s) m entered on this form(if any)Indicating that I am exempt froFATCA reporting Is correct. ' Certification instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends p your tax ret 'i.For real e tate transactions,Item 2 does not apply.For mortgage Interest paid, - acquisition or abandonment of secured pray•ty, ncellation o i a ,contri t ti• s top,Individual retirement arrangement(IRA),and generally,payments other than interest and divid.,ds,you art of re 'I d to sign a ce Inca •n,bu pet 1 ust provide your correct TIN.See the Instructions for Part II,later. Sign Signature of / //A Date D General Instruc '•ns •Form 1099-DIV(dividends,Inc(udiG those from stocks or mutual funds) Section references are to the nternal Revenue Code unless otherwise •Form 1099-MISC(various types of Income,prizes,awards,or gross noted. proceeds) - Future developments.For the latest information about developments . •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.Irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) .. . An individual or entity(Form W-9 requester)who Is required to file an •Form 1098(home mortgage Interest),1098-E(student loan Interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer Identification number(111N),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATINV),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an Information return.Examples of Information alien),to provide your correct TIN. returns Include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might • •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What Is backup withholding, later. ' • Cat.No.1D231X. • • Form W-9(Rev.10-201e) - . r � t • POLICY NUMBER: CL 26243171 • COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 ' I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Name Of Additional Insured Person(s) • Or Orranizationjs): Location And Description Of Completed Operations • City of Ashland 20 East Main St. Ashland, OR 97520 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work"at the location designated and described in the sched- ule of this endorsement performed for that additional - insured and included in the "products-completed • } operations hazard". • • • • ) . • Evidence of Insurance/Lienholder Interest(continued) • Loss payable provisions (Applicable only if lienholder is named,and no other Automobile loss payable endorsement is attached to the policy) It is agreed that any payment for loss or damage to the vehicle The lienholder shall do whatever is necessary to secure such described in this policy shall be made on the following basis: rights.No subrogation shall impair the right of the lienholder to 1. At our option,loss or damage shall be paid as interest may recover the full amount of its claim. appear to the policyholder and the lienholder shown in the We reserve the right to cancel this policy at any time as provided Declarations,or by repair of the damaged vehicle, by its terms.In case of cancellation or lapse we will notify the 2. Any act or neglect of the policyholder ora person acting on lienholder at the address shown in the Declarations.We will give his behalf shall not void the coverage afforded to the the Ilenholder advance notice of not less than 10 days from the lienholder. effective date of such cancellation or lapse as respects his 3. Change in title or ownership of the vehicle,or error in its interest.Mailing notice to the loss payee is sufficient to effect description shall not void coverage`afforded to the cancellation. lienholder. The following applies as respects any loss adjusted with the The policy does not cover conversion,embezzlementor mortgagee interest only: secretion of the vehicle by the policyholder or anyone acting In 1. Any deductible applicable to Comprehensive Coverage shall his behalf while in possession under a contract with the not exceed$250. lienholder. • 2. Any deductible applicable to Collision Coverage shall not A payment may made to the lienholder which we would not exceed$250. • have been obligated to make except for these terms.In such • event,we are entitled to all the rights of the lienholder to the extent of such payment. • 1/4/2022 Authorized Representative Date • • . I • • - I • • . I farmers.com • 25-8976 9-13 paae2of2 • i• • FA R nV0 I Ili] S Auto Insurance Declaration Page • INSURANCE /fI Policy Number: 18924-41-62 Pre9 ilitglflns • Effective: 12/16/2021 12:01 AM Full-term Premium(excluding fees) $527.10 Expiration: 4/30/202212:01 AM _ Named lnsured(s):Jeffrey Max Lalande Prorated Premium(12/16/2021-4/30/2022) $0.00 1527 Lithia Way •`'--•'1 otai f-or this'I'raiirsaction $0.00 Talent,OR 97540-6619 Underwritten 8y: Farmers Insurance Company of Oregon This Is not a bill. • 6600 SW Hampton Street • Your bill with the amount clue will be mailed separately. Tigard,OR 97223 ••Household Drivers • • All persons who drive or will occasionally be driving any of the cars on the policy should be listed below.If anyone is missing or needs to be added,such as a newly licensed driver,you should contact your agent or the company to add that person before they begin to drive any of the cars covered on the policy. Name Driver Status Jeffrey Max Lalande Covered Vehicle Information • Veh.it Year/Make/Model/VIN Coverage Deductible Limit 1 2010 Subaru Forester 4D 4Wd 2.5X Vdc Comprehensive: $100 JF2SH6CCXAH802473 Collision: $500 Vehicle Level Coverage Items Premiums by Vehicle Limits Coverage (applicable to all vehicles) Vehicle I II Bodily Injury Liability $100,000 each person $141.80 • $300,000 each accident • Property Damage Liability $100,000 each accident $110.20 • Personal Injury Protection $15,000 each person $22.90 Comprehensive • $52.70 Collision $141.90 Towing and Road Service $9.30 Uninsured Motorist Property $20,000 each accident • $11.20 Damage • • Increase Work Loss Benefits $3,000 each person $5.40 o { � l o • •o . ..=1M=47,7= farmers.coin Policy No. 18924-41-62 Questions? Manage your account: • Call your agent Paul Volz Ins Agy Inc at Go to www.farmers.com to access• >' (541)482-8463 or email your account any time! }��' pvolz@farmersagent.com 56.6176 1st Edition 5-17 12/17/2021 • Page 1 of 3 • ® DATE(MMIDDNYYY), A D CERTIFICATE OF LIABILITY INSURANCE 12/01/21 -• 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 certlflcato holdor le an ADDITIONAL INSURED,the policy(lee)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain pollcloa may require an ondoreement. A statement on this certificate does hot confer rights to the certificate holdor In lieu of such ondoniomont(s). - PRODUCER - C ?IAC( • ` Paul W Volz Insurance Agency PHONE 541-482-8463 FNt Iac,NaEMI: I(A,C,No)J541-488-4215 450 Siskiyou Blvd Ste 5 E-MAIL Ashland OR 97520 ADDRESS IIIMMERle)AFFORolNO COVERAGE - Nam; • ' INSURER A:Mount Vernon Fire ' INSURED JEFFERY LALAATDE - INSURER B:Farmers Insurance Co. of Oregon DHA: Lalande Archaeology B History SvcINSURER C: P 0 BOX 333 INSURERD: • Ashland, OR 97520 INSURER E: • ' 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 r 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. ( L r7R TYPE OF INSURANCE ADDL GUM POLICY EFF POLICY EXP LIMITS INER MD POLICY NUMBER (MWODNYYY) (MWDD/YYYY) - GENERAL LIABILITY EACH OCCURRENCE 3 1,000,000 DAMALit I O WNW X, COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) 3 100,000 ICLAIMS-MADE n OCCUR • MED EXP(Any one person) S • 5,000 A CL 26243171 9/22/20219/22/2022 PERSONAL a ADV INJURY 3 X JGENERAL AGGREGATE S 2,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER - PRODUCTS-COMP/OP AGO_3• _ —1 POLICY Il 78-- Fl LOC 3 ;' AUTOMOBILE LIABILITY • • COMBINED SINGLE LIMIT _ . (Ea r ccldenll 3 I X ANYAUTO /' 10/1/202104/01/2022 BODILY.INJURY(Perperson) S 100,000 —ALL OWNED — SCHEDULED 189244162BODILY INJURY(Per accidenq S 300,000 B _ AUTOS — NON.OWNED X PROPERTY DAMAGE S 100,000 — HIRED AUTOS AUTOS (Per accident) r S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE 3 • DEO I I RETENTIONS $ WORKERS COMPENSATION - WGSTATU• OTH- ANDEMPLOYERS'LIABILITY YIN TORY LIMITS I ER ANY PROPIUETORPARTNEILEXECURVE E.LEACH ACCIDENT 3 OFFICERMEMEER EXCLUDED? n NFA - - . Mandatory In NIB EL DISEASE-EA EMPLOYEE S !(i DESsCdsIiObNouOnFdOPERATIONS PERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS i LOCATIONS(VEHICLES(Attach ACORD 101,Additional Remarks Schedule,U mom space is roquUed) • I ` CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland • THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN • 20 East Main Street . ACCORDANCE WITH THE POLICY PROVISIONS. II Ashland, OR 97520 • r_:_gf.-Z________., AUTHORIZED REPR E TATIVE • I . . _ ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD25(2010105) The ACORD name and logo are registered marks of ACORD • 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 bacicup 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. • _ 41t... .4 4%2 .ririd .rinsultant's signature • /c=?/3/A • Date • • • • 1 � . i. Page 1 of 1: EXHIBIT C /_ G , 7. , FORM 7( 9 CITY OF A t'c.gt.le8i:fora t=itat'c;ha'(; (lith . ASHLAND REQUBSITION ''0", -/ ,—,-� �'bafrequest: 01103/2022 . / Required date for delivery: Vendor Name La Lande Archaeology and History Services Address,City,State,Zip PO Box 333 Ashland,OR 97520 Contact Name&Telephone Number Jeff LaLande 541-778-3257 • Email address . SOURCING METHOD ❑ Exempt from Competitive Bidding- ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon !I Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form 114,Personal Services$5K to$75K Agency • PERSONAL SERVICES Date approved by Council: 0 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 0 Form 119,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form 114,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: ' Valid until: (Date) Description of SERVICES Total Cost . Archaeological/cultural consulting to support construction of the Wastewater Treatment Plant Outfall $ 4,0(no •, Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑■ Per attached quotelproposal TOTAL•COST Project Number 2 0 1 3 2 1- i Account Number�8 1 6 0 0.7 0 4 2 0 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 (� A'requisition -form,I certify that the City's public contracting requirements have been satisfied. Employee:�lf AA [WA — Department Head: -.-e %Jtel2 r toy. ! tan$5,000) Department ManagerlSupervisor: City Manager: iiv - a L- 'qual to�tf ti�/ter t an$35,001) Funds appropriated for current fiscal year: YES/NO '11 /— _____ ! — rf 2—'7 Fi6dirce irector-(Equal to or greater than$5,000) Date Comments: Form 113-Requisition • CITY OF ASHLAND Memo • DATE: December 30,2021 TO: „ Scott Fleury,PE,Director of Public Works FROM: Kaylea Kathol, Sr.Project Manager RE: Low Risk,Less Stringent Insurance Coverage It is my intention to hire Jeff LaLande,owner of LaLande Archaeology and History Services,to provide archaeological consulting services during excavation activities related to relocation of the Wastewater Treatment Plant outfall relocation. LaLande Archaeology and History Services carries the insurance limits that are lower the City's standards, including$1M general liability(City requires$2M),and$0 Errors and Omissions(City requires$1M). I believe the City's requirements are not necessary for this project based on the reasons provided below. General Liability It is my opinion that the risk associated with the services requested is sufficiently low to justify waiving the City's higher general liability insurance requirements. There are multiple factors that contribute to my opinion of low risk,foremost is the nature of the services provided.Mr.LaLande will respond to calls during excavation in the event of"inadvertent discovery"of culturally significant articles or human remains. Due to the nature of the project site,and information received during the City's extensive consultation with tribal authorities and the State Historic Preservation Office,the likelihood of such an encounter is not substantial. The anticipated infrequency of Mr.LaLande's presence on the project site will automatically minimize risk. Moreover,in the event that he does get called upon to inspect an inadvertent discovery, it will coincide with a halt in construction and the exclusion of the public. Eliminating these two variables that the City otherwise has little control over dramatically reduces risk associated of a site visit. • Professional Liability(Errors and Omissions) Archaeologists rarely carry E&O insurance,nor is it readily available to them. Because archaeology tends to be a sub-surface specialty,it is characterized by infinite"unknowns". An archaeologist can make no guarantees regarding what will and will not be found or observed underneath a job site. It is therefore without justification to require an archaeologist to carry E&O insurance on a job that is completely sub-surface in nature. • Page 1 of �r, PERSONAL SERVICES AGREEMENT (LESS THAN$35,000) CONSULTANT: LaLande Archaeology and History Services CITY OF AS H LAN D ADDRESS: P.O.Box 333,Ashland OR 97520 20 East Main Street ' Ashland,Oregon 97520 TELEPHONE: 541-778-3257 Telephone: 541/488-5587 Fax: 541/488-6006 EMAIL: jmaxlalande@gmail.com This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and LaLande Archaeology and History Services,a domestic professional corporation("hereinafter"Consultant"),for Archaeological/cultural consulting to support construction of the Wastewater Treatment Plant Outfall Relocation. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: 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 herein,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 28,2023. 2. Scope of Work: Consultant will provide Archaeological/cultural consulting to support construction of the Wastewater Treatment Plant Outfall Relocation as more fully set forth in the Consultant's Proposal dated November 23,2021,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. Supporting Documents/Exhibits; Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary 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 exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall,at its own risk,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. 5. Qualified Work: 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 Page 1 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES registered, licensed or bonded by the,State of Oregon, are so registered, licensed and bonded. 6. Compensation: City shall pay Consultant the hourly rates.effective 11/23/21as specified in the SUPPORTING DOCUMENTS.In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$4,000.00 (four thousand 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 phaseof the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work,work product, or other 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.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$22,310.46 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 F 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 hereby agrees to defend, indemnify, save, and hold City,its officers, employees, and agents harmless from any and all losses, claims, actions,costs, expenses,judgments, 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 Agreement by Consultant(including but not limited to,Consultant's employees, agents,and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses,expenses, actions, costs,or other damages, caused solely by the gross 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 thirty(30)days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify 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 Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES • Agreement or are no longer eligible for the.funding proposed for payments authorized by this Agreement; or • 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 the Work 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. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the. City for any purpose. 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. 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. 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon Workers' Compensation coverage for its subject workers,unless such employers are exempt.under ORS 656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City. b. Professional Liability insurance with a combined single limit, or the equivalent,of not less than :: • . ser occurrence. This is to cover any damages caused by error, Xission or.negligent acts related to the Work to be provided under this Agreement. Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND • HISTORY SERVICES c. General Liability insurance with a combined single limit, or the equivalent, of not less than ;886'668 '�liars)per occurrence for Bodily Injury,Death, and Property Damage. 1 O o�0 tns i? l d. Au�omobr e rabr r insurance with a combined single limit,or the equivalent,of not less than $1,000,000 (one million dollars)for each accident for Bodily Injury and Property Damage,including .,r0....---".. coverage for owned,hired or non-owned vehicles, asapplicable. 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 thirty(30)days' prior 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 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 and endorsements prior to commencing the Work under this Agreement. 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 BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES i 1 • CITY OF ASHLAND: LA LANDE ARCHAEOLO r Y AND ISTORY SER CES (U P N T BY: "'q �.P. .. BBy: U/1 �i _/I _:i i. a'. .1 ra e • • Printed Name Pr'ited Name • Po9 max- wears magicat Vii)A0 Title Title • A V 3V D to Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) • • Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND XXXXX. �+ ' 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: This Agreement shall be governed and construed in accordance with 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. 19. 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,by mailing using registered or certified United States mail,return receipt requested,.postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: Public Works Attn:Kaylea Kathol 20 East Main Street Ashland, Oregon 97520 With a copy to: City of Ashland-Legal Department 20 East Main Street Ashland, Oregon 97520 If to Consultant: La Lande Archaeology and History Services P.O.Box 333 Ashland OR 97520 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS,EITHER 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. 22. Certification. Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated herein by this reference. Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND LA LANDE ARCHAEOLOGY AND HISTORY SERVICES • • POLICY NUMBER: CL 26243171 • COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: '• ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: . • COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(): Location And Description Of Completed Operations City of Ashland , , 20 East Main St. Ashland, OR 97520 :• Information Information required to complete this Schedule,if not shown above,•will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or • organization(s)shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed • operations hazard". • •• • • • • Evidence of Insurance/Lienholder Interest(continued) Loss payable provisions (Applicable only if lienholder is named,and no other Automobile loss payable endorsement is attached to the policy) It is agreed that any payment for loss or damage to the vehicle The lienholder shall do whatever is necessary to secure such described in this policy shall be made on the following basis: rights.No subrogation shall impair the right of the lienholder to 1. At our option,loss or damage shall be paid as interest may recover the full amount of its claim. appear to the policyholder and the lienholder shown in the We reserve the right to cancel this policy at any time as provided Declarations,or by repair of the damaged vehicle. by its terms.In case of cancellation or lapse we will notify the 2. Any act or neglect of the policyholder or a person acting on lienholder at the address shown in the Declarations.We will give his behalf shall not void the coverage afforded to the the Ilenholder advance notice of not less than 10 days from the lienholder. effective date of such cancellation or lapse as respects his 3. Change in title or ownership of the vehicle,or error in its interest.Mailing notice to the loss payee is sufficient to effect description shall not void coverage afforded to the cancellation. lienholder. The following applies as respects any loss adjusted with the The policy does not cover conversion,embezzlement or mortgagee interest only: secretion of the vehicle by the policyholder or anyone acting in 1. Any deductible applicable to Comprehensive Coverage shall his behalf while in possession under a contract with the not exceed$250. lienholder. 2. Any deductible applicable to Collision Coverage shall not A payment may be made to the lienholder which we would not exceed$250. have been obligated to make except for these terms.In such event,we are entitled to all the rights of the lienholder to the extent of such payment. 1/4/2022 Authorized Representative Date farmers.com 25-8976 9-13 Pace of 2 - /7 Auto (Insurance Declaration Page INSURANCE .rar:_..:_ara•:;. sxa-sic'„-a x•.a;r cKr.4.11 «••s:c, szs,ws ra rek,OW'+atkAoksa> Policy Number: 18924-41-62 Premiums Effective: 12/16/2021 12:01 AM Full-term Premium(excluding fees) $527.10 Expiration: 4/30/2022 12:01 AM Named Insured(s):Jeffrey Max Lalande Prorated Premium(12/16/2021-4/30/2022) $0.00 1527 Lithia Way Talent,OR 97540-6619 " Total for this Transaction $0,00 Underwritten By: Farmers Insurance Company of Oregon This is not a bill. 6600 SW Hampton Street Your bill with the amount due will be mailed separately. Tigard,OR 97223 Household Drivers All persons who drive or will occasionally be driving any of the cars on the policy should be listed below.If anyone is missing or needs to be added,such as a newly licensed driver,you should contact your agent or the companyto add that person before they begin to drive any of the cars covered on the policy. Name Driver Status Jeffrey Max Lalande Covered Vehicle Information Veh. Year/Make/Model/VIN Coverage Deductible Limit 1 2010 Subaru Forester 4D 4Wd 2.5XVdc Comprehensive: $100 JF2SH6CCXAH802473 Collision: $500 Vehicle Level Coverage Items Limits Premiums by Vehicle Coverage (applicable to all vehicles) Vehicle 1 Bodily Injury Liability $100,000 each person $141.80 $300,000 each accident Property Damage Liability $100,000 each accident $110.20 Personal Injury Protection $15,000 each person $22.90 Comprehensive $52.70 Collision $141.90 Towing and Road Service $9.30 Uninsured Motorist Property $20,000 each accident • $11.20 Damage • Increase Work Loss Benefits $3,000 each person $5.40 0. N O • O • A N..^1 Z-..:t:awa..»'d_.-_.a.'. ' -- .:.'-.'J i3::.t v-...t .. farrners.corn Policy No. 18924-41-62 .Questions? Manage your account: Call your agent Paul Volz Ins Any Inc at Go to www.farmers.com to access ; (541)482-8463 or email your account any time! +y) • pvolz@farmersagent.com • 56.6176 1st Edition 5-17 12/17/2021 • Page 1 of 3 � I ACS DATE(MM/DD/YYYY) C� CERTIFICATE OF LIABILITY INSURANCE 112/01/21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I 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(les)must 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 Heti of such endorsement(s). PRODUCER CONTACT NAME: Paull/ Volz Insurance Agency PHONE 541-482-8463 FAX 450 Siskiyou Blvd Ste 5 E—D.ND•Exq: (AIC,No):541-488-4215 ADDRESS: Ashland OR 97520 ' INSURER(!)AFFORDING COVERAGE NAIL/ • INSURER A:Mount Vernon Fire INSURED JEFFERY LALANDE INSURER B:Farmers Insurance Co. of Oregon DEA: Lalande Archaeology & History Svc INSURER C: P O Box 333 INSURERD: Ashland, OR 97520 INSURER E: ' ' 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. MR TYPE OF INSURANCE ADM Wm POLICY EFF POLICY EXP LIMITS INBR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY . EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE 0(Ea occurrence) $ 100,000 CLAIMS-MADE X1 OCCUR MED EXP(Any one person) $ 5,000 A % CL 26243171 9/22/2021 9/22/2022 PERSONAL a ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICYI—I 7 1-1 I LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _ . (Ea accident $ X ANYAUTOBODILY INJURY(Per person) $ 100 000 — ALL OWNED SCHEDULED 189244162 10/1/2021 04/01/2022 B _ AUTOS _ AUTOS }( BODILY INJURY(Per accident) $ 300,000 HIRED AUTOS _ AUTOSWNEO PROPERTY acciidentbAMAGE $ 1Q0,000 $ • UMBRELLA LIAR OCCUR EACH OCCURRENCE $ .. EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ • $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETORIPARTNEWEXECUTIVE pi N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER MINDED? (Mandatory In NM E.L.DISEASE-EA EMPLOYEES dyes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) • • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPR EE TATCiS/'� • I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD25(2010105) The ACORD name and logo are registered marks of ACORD • v i Y 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. ir"-"" (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 rV 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. jJ44 .. . e nsultant's signature / 1� 3/ja/ Date Y ) i • 1 • • Page 1 of 1: EXHIBIT C .