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HomeMy WebLinkAbout2021-034 PO 20210393- Resilience Emergency MGT Purchase Order Rift,OA Fiscal Year 2021 Page: 1 of: 1 BCity of Ashland i',--'7,`:.1111. i ,�,- i,�i,a h ATTN:Accounts Payable Purchase '- Ashland,OR 87520 Order# 20210393 T Phone:541/552-2010 O Email: payable@ashland.or.us H C/O Public Works-Operations E RESILIENCE EMERGENCY MANAGEMENT I 90 North Mountain Ave. N PO BOX 3642• P Ashland, OR 97520 TAOS, NM 87571 Phone: 541/488-5353 R O Fax: 541/552-2329 •�,i-IF,3f I 51-ri i,u Zi _f1L=x El Al ' Scott e r • •-r��=_ 07/09 2021 6228 •. C Accou its Pa ab—e, + r�-;,r�_. ��-�•- FERC Dam Failure Exercise ' 1 Facilitation of FERC dam failure functional exercise and after 1.0 $21,500,00 $21,500.00 action review as described in the attached scope of work. • Personal Services Agreement Completion date: 12/31/2021 , Project Account:' **********,4***GL SUMMARY******R******** 081500-604100 $21,500.00 • • By: date: 0.09--/942--/ — - Authorized Signature a =s ,r` 2 y;/_--/ 6 r®RIVX#3 CITY OF , AS H LAN 111 A t'egtioot tilt'8 ( 111'(,Riit M OMNI p�,EQ119llsI!`Q'u®BVI ne / /-, ( ! SHLANi. l2 • 08/2112021 • Required date for delivery: • Vendor NameResilience Emergency Management Address,City,State,Zip PO Box 3642 Taos,NM 67671 Contact Name&Telephone Number David Elliot 676-908.5516 • _ Email address davld@resillencaem.com • SOURCING METHOD o j xemnt from Competitive Bidding ❑ Invitation to Old J:mergenov El Reason for exemption: Date approved by Council: LI Form d19,Written Mdings and Authorization ❑ AMC 2.60 (Attach copy of council'communicailon) ElWritten quote or proposal attached Q Written quote or proposal attached (If council approval required,attach copy of CC) ❑ -Small Procurement ❑ Request for Proposal Coonorativa Procurement Not exceeding 55.000 Date approved by Council ❑ Stale of Oregon ❑Direct Award (Attach copy of council communication) Contract0 ❑Verbal/Wrillen bid(s)or proposals) PI Jteooest for Qualifications(Publlc Works) ❑ Slate of Washington ' Date approved brCound:�_ Contract ll (Attach copy of council communloatlon) ❑ Other government agenoy contract intermediate Procurement - ID Sole Source Agency GOODS&SERVICES ❑ Applicable Form(115,6,7 oro) Contract 11 ' • Greater then 55,000 and loss than$100.000 ❑ Written quote or proposal attached Jntergovennnantai Agreement ❑ (3)Written bids&solicitation attached ❑ Form 114,Personal Services$5K to$76K Agency PERSONAL SERVICES Date approved by Council; \ ❑ Annual cost to City does not exceed$26,000. Greater then 85,000 and loss titan$76.000 Valid until: (Date) Agreement approved by Legal and approvedlsignad by LSI Less than$35,000,by direct appointment ❑ Special Procurement cAyAdministrator.AMC2.50.070(4) \ ❑ (3)Written proposers&solicitation attached Ui Form119,Request for Approval CI Antral cost to City exceeds$25,000,Council IBJ Form#4,Pereonet Services$5K to$76K 131 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council Valid unit r(Dale) _ Description of SERVICES Total Cost Facilitation of FERC dam failure functional exercise and after action review as described In the • • • attached scope of work :$:21)600,01): • •• j item# Quantity Unit Description of MATERIALS ' Unit Prise Total Cost • D Per attached quote/proposal • :TOTAL COST I • • Project Number • _ Account Numberfj 15th.-bD!f Q D i Account Number - Account Number 'Expenditure must be charged to the appropriate account numbers for the financlais to accurately reflect the actual expenditures. I IT Director in collaboration with departm ent to approve all hardware and software purchases: iT Director Date Support-Yes/No Bystgning this requisition form,I certify that the City's pubio contracting requirements have bean satisfied Etnployee:6 (11� Dl XXQ."&twDeparhnentHea ,�(�� tad t, •rgreater than 56,000) Department Manager/Supervisor: ' City Man•g:I i `""-'11�`!" A —PR to or g „t Iia i$ tga' Funds appropriated for current fiscal year: -d!E51740 /Z1 . —.61 � II • Fir i PERSONAL SERVICES AGREEMENT (LESS THAN$25,000) CONSULTANT: Resilience Emergency Management CITY OF -ASH LAN D ADDRESS: PO Box, 3642 20 East Main Street Taos,NM 87571 Ashland,Oregon 97520 Telephone: 541/488-5587 TELEPHONE: 575-999-5515 Fax: 541/488-6006 EMAIL: david@resilienceem.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Resilience Emergency Management,a foreign professional corporation("hereinafter"Consultant"),for Facilitation of FERC dam failure functional exercise and after action review as described in the attached scope of work. 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 December 31,2021. 2. Scope of Work: Consultant will provide Facilitation of FERC dam failure functional exercise and after action review as described in the attached scope of work as more fully set forth in the Consultant's Proposal dated June 1,2021,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/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 registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Page 1 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND RESILIENCE EMERGENCY MANAGEMENT 6. Compensation: City shall pay Consultant the sum of$21,500.00 (twenty-one thousand five hundred dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$21,500.00 (twenty-one thousand five hundred 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 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$22,002.43 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,judgments, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND RESILIENCE EMERGENCY MANAGEMENT • 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. ft b. Professional Liability insurance with a combined single limit,or the equivalent,of not less than ,!!!,!!! . . • per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit,or the equivalent, of not less than At $2,000,000.(two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent,of not less than ,!!!,e!! = • . -. . • for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles, as applicable. Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND RESILIENCE EMERGENCY MANAGEMENT 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 provi8ions 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 (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 Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND RESILIENCE EMERGENCY MANAGEMENT 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 Department Attn: Contract Administrator • 20 East Main Street Ashland, Oregon 97520 With a copy to: City of Ashland—Legal Department • • 20 E. Main Street Ashland, Oregon 97520 If to Consultant: Resilience Emergency Management PO Box, 3642 Taos,NM 87571 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 RESILIENCE EMERGENCY MANAGEMENT IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. ��pZti CITY OF ASHLAND .7-'' RESILIENCE EMERGENCY MANAGEMENT (CONSULT• ► By: I0 Signature By: / 17 / '` a_ture ( f C Printed Name � Printed Name 7.;":4 /' �Gr1al I�r �/t7 + �C �.l..i Title M itle • /.7,1 A 129G-le2 -9-0DA Date Date • (W-9,is to be submitted with this.signed Agreement) Purchase Order No. e4—( 1-f • 1 • • Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND RESILIENCE EMERGENCY MANAGEMENT • SERVICE QUOTE tiro i DATE: June 1, 2021 RESILIENCE EXPIRES:June 1, 2022 EMERGENCY MANAGEMENT • RESILIENCE EMERGENCY MANAGEMENT, LLC PREPARED FOR: David Elliot I Principal Emergency Manager PH: (575)999—5515 City of Ashland Oregon david@resilienceem.com Scott A. Fleury,P.E. Public Works Director PO Box 3642,Taos, NM 87571 City of Ashland, Public Works 20 East Main Street,Ashland OR 97520 (541)552-2412 • • Emergency management services related to: 1. Facilitation of City of Ashland, Oregon, Federal Energy Regulatory Commission, "FERC", dam failure table-top exercise (Projected week of July 5, 2021) 2. Facilitation of FERC dam failure functional exercise (Projected week of August 23rd, 2021) 3. Creation of After-Action Review and Improvement Plans ("AAR-IP") created for all exercises 4. Consultation and Project Management services to support build-out of City of Ashland, OR Emergency Operations Center—billed hourly. Scope of Work: • The majority of all work done by Resilience Emergency Management ("REM") will be completed remotely or virtually. • REM will facilitate exercises in-person in Ashland, OR on the day exercises are scheduled by REM in coordination with the City of Ashland exercise planning team. • Other in-person meetings and consultation can be scheduled on case-by-case basis. • • The City of Ashland will designate staff members to serve on a City of Ashland exercise planning team.Ashland will designate a lead point of contact within the exercise planning team (Ex: Public Works Director, Fire Chief, Police Chief) • REM will facilitate exercise planning meetings via ZOOM one day per week,from June 1, 2021 to July 1, 2021. REM will facilitate exercise planning meetings via ZOOM every other week From July 1 to August 25, 2021 for up to 60 minutes for each meeting. Members of the exercise planning team will be invited to all planning meetings. • In coordination with the City of Ashland exercise planning team, Resilience Emergency Management will utilize FEMA HSEEP (Homeland Security Exercise and Evaluation Program)to create and facilitate a table top exercise testing core emergency operations center capabilities and other core capabilities to be tested during the functional exercise. Facilitation of the exercise will include necessary HSEEP documentation,scenario creation, evaluation, as well as creation of a formal AAR-IP document. The exercise will include stakeholders invited by the City of Ashland exercise planning team. • REM will present on the AAR-IP from the table-top exercise at a regularly scheduled exercise planning team meeting. • In coordination with the City of Ashland exercise planning team, Resilience Emergency Management will utilize FEMA HSEEP (Homeland Security Exercise and Evaluation Program)to create and facilitate a functional exercise testing core emergency operations center capabilities and other core capabilities. Facilitation of the exercise will include necessary HSEEP documentation, scenario creation, evaluation, as well as creation of a formal AAR-IP document • • To support creation of an AAR-IP for the functional exercise, REM will host a 1 hour meeting via ZOOM to debrief the functional exercise. REM will also send out digital survey to solicit feedback on the functional exercise. REM will host a 1 hour ZOOM meeting to present findings from the AAR-IP.Times for AAR process to be determined in coordination with exercise planning team. • REM will create a digital portfolio of documentation for the City of Ashland from planning meetings,the exercises, and the AAR-IP process as an additional set of tools, resources,and records for future emergency preparedness activities. Cost: Total cost of the project is$21,500. Billed in two installments:$10,750 on July 1th, 2021 (for work completed through June 30th) and $10,750 on August 31st 2021 for the remaining balance.Total cost includes all duties and responsibilities as listed above. (Fee includes travel,per diem,food and administrative costs.Billed in two monthly installments.) • All other emergency management services to be "straight time", billed hourly. • Hourly Rate:$75.00/Hr • Invoices for services billed hourly will be issued monthly to be paid within 14 days of receipt. • EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LiVINE ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livin+ wa.e. $15.74 per hour, effective June 30, 2020. •1/40 The Living Wage is adjusted `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: For temporary and employer and the City of $22,002.43. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$22,002.43 or more. > If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For > For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value 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 O F 1A,SHLAND Page 1 of 1: EXHIBIT B f ' 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 bacicup withholding because: (i) it is exempt from backup withholding, or(ii) it has not been notified by the Internal Revenue Service(IRS) that itis 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. (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. eff Consultant's signature CD (0 I ( Date Page 1 of l: EXHIBIT C • CITY OF FORM #4 \LSH LAN D • • DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Adam Hanks,Interim City Manager From: Scott Fleury Date: June 10, 2021 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.12.0(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. Background The Federal Energy Regulatoiy.Commission(FERC)requires the City to complete a functional exercise of our Hosier Dam, failure emergency action plan(EAP)by the end of August 2021. The original intent of the Public Works Dept was to complete this exercise using only City,stafand other Agencies as required However, with COVID and associated:challenges this exercise is now best completed with•the help of an experienced Emergency Manager. EE Resilience Emergency Management LLC is experienced in these f tnctional exercises and has successfully assisted the City. . • previously with emergency operations center exercises. This is a specialized project that requires extensive knowledge of NIMS,ICS, emergency response • etc. The Public Works Dept.has worked closely with Resilience Emergency Management to develop a robust scope of work that • • meets the needs of FERC and the City. We are also requesting to waive the professional liability insurance requirement:and the automotive insurance requirement for this contract. While Resilience Emergency Management LLC is a highly skilled and competent consultant, they are not a professional in the sense of our insurance requirements and do not have any professional licensure or any risk associated with helping us organize a f tnctional exercise. Additionally,Resilience Emergency Management LLC will not be using an automobile while performing the duties of this contract. They will fly into Medford and use ride-sharing as necessary while they are in Ashland. There is no need for the automobile insurance in this circumstance. Pursuant to AMC 2.50.120(A),has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract?. This is a specialized project that requires knowledge, experience and availability that staff does not currently have. • Requested by: Date: Department Head Approved by: Date: Adam Hanks,Interim City Manager • Comments: Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 1,6/21/2021 Ace f CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �i- 03/24/2021 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 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 Leigh Quirk NAME: Beaudry Insurance Agency PHONE 575 758 8106 FAX 571 323 0633 IANC.ND,Ext); (A/C.Nol: PO Box 368 E-MAIL eau agent bd insurance.com ADDRESS: agent@beaudryinsurance.com Arroyo Seco,NM 87514 INSURER(S)AFFORDING COVERAGE NAIC I/ _ INSnRFR e• Kinsale Insurance Company 38920 INSURED 10833 ..INJURER a• Gemini Insurance Company Resilience Emergency Management(NM)LLC INSURER C: PO Box 3642 INSURER D: Taos,NM 87571 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. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MMIDDNYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAALLIABILITY PREMISES(Ea occurrence) $ 1,000,000 CLAIMS-MADE X OCCUR X MED EXP(Any ane person) $ 5,000 A TBD 06/18/2021 06/18/2021 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 "�GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OP AGG $ 2,000,000 I POLICY n PROCT- JELOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILYINJURY(Per_AUTOS ) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE X TBD 06/18/2021 06/18/2022 AGGREGATE $_ 1,000,000 DED I RETENTION $ WORKERS COMPENSATION WOTH- ANDEMPLOYERS'LIABILITY Y/N TORY-HMITS I I ER ANYPROPRIETORIPARTNER/EXECUTIVE (�N/A E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ Eyes,describe under • DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liability TBD 06/18/2021 06/18/2022 2,000,000/2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Ashland,Oregon,and its elected officials,officers and employees are Additional Insureds by contract on the GL and Excess policies. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main St ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED EPRESENTATIVE I ACORD 25(2010/05) O 19 -2010 ACORD CORPO ION. All rights reserved. The ACORD name and logo are registered marks of ACORD cp® A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) f��- 03/2412021 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 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 Leigh Quirk, Beaudry Insurance Agency • PHIAIONE Nni E, 575 758 8106 • I ra NoI; 571 323 0633 • PO Box 368A AILss: agent@beaudryinsurance.com • Arroyo Seco,NM 87514 INSURER(S)AFFORDING COVERAGE NAIC# INSURER 4 Kinsale Insurance Company 38920 INSUREDaNSURF°, . Gemini Insurance Company 10833 Resilience Emergency Management(NM)LLC INSURER C: • PO Box 3642 INSURER D: Taos,NM 87571 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF• POLICY EXP • LIMITS INSR WVD POLICY NUMBER (MMIDD/YYYY1 (MMIDDIYYYYI GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE n OCCUR X •MED EXP(Any one person) $ 5,000 A TBD 06/18/2021 06/18/2021'-PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY I—I,1281: n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • - dEa acbldent) • $ • ANY AUTO BODILYINJURY(Per.person) '$ ALL OWNED 'SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS P HIRED AUTOS NON-OWNED - (perecc'clde t)AMAGE $ AUTOS $ UMBRELLA B MRLIAB 1,000,000 • X U _OCCUR EACH OCCURRENCE $ A EXCESS LIAB CLAIMS-MADE X TBD 06/18/2021 06/18/2022 AGGREGATE $ 1,000,000 • DED I RETENTION$ $ . WORKERS COMPENSATION I TORY STA Us I.. I T - AND EMPLOYERS'LIABILnY ANY PROPRIETOR/PARTNERIEXECUTIVE YiE.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? I NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability 2000,000/2,000,000 ' TBD 06/18/2021 06/18/2022 B • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Ashland,Oregon,and its elected officials,officers and employees are Additional Insureds by contract on the GL and Excess policies. CERTIFICATE HOLDER - CANCELLATION Cityof Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main St ACCORDANCE WITH THE POLICY PROVISIONS. • Ashland,OR 97520 AUTHORIZED EPRESENTATIVE (//� • 1 ' ACORD 25(2010/05) ©19 2010 ACORD CORPO ION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS E NDORS E ME NT CHA Nis ES THE POLICY,PLEASE READ IT CAREFULLY, ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT- MORTGAGEE, ASSIGNEE, OR RECEIVER Attz hadToand' aminEPartcf1%14 ffacewDaOaofEAdam mon f Noma rnsara! 1201AM at the Named Insured address shown on th Dec bra tlo-ra Adc�ffond Fbam:are 8airvn Plvrn'am: This endorsement modifies insurance prouided underthefollowing: COMMERCIAL GENERAL L44BILRY COVERAGE PRO DUCTS/CO M PLETE D O PE RATIONS LIABILITY CO VERAG E A, SECTION II-WHO IS AN INSURED samerded to irxludeany person ororganimtbnyauare required by written contract to add as an Additional Insured on this Policy,but 1. Only if such written contract was executed prior Otte"both y injuryxor"propertydarragexand a ineffectatthe time the "Lod IIy injury or"property damage"'occurs;aril 2, Only with respect to such person crorniatn arta lebilityfor"bodily injury'°or"propertydanegex as mortgagee,assignee,orrecerier,and • 3, solely forlebility caused by the•ownership,rreintererrce or use of the premises by you and forwhkh such person or orga nizatbn a mo rtgagee,ass t rriee,or receiver. I-bwe%e r: 1. The irsurance afforded tosuc h4dditbnal Insured only applies to the extent permitted by law;and 2, Will not be broaderthanthatwhkhrue re required by the written contract to provide forsuchAdditbnal Irsured. B, with respecttothe ins uran:e afforded to the Additional Insured,the folbwing add itb re lexc lus ion app lies: 1. Thi insurance does not apply to anystru:turalalteratbns,newcoretructionordemalitbnoperations performed by or for the Additional insured. C. With les pect tothe irsuranceafforded tothe Add itbrellmured,the folbwing is added toSECTION III—LIMITS OF INSURANCE: The roost we will pay on be ha if of the Additional Insured b the amount of ins u rerre: i, Req uired by the written contract;or 2, Available urxlerthe applicable limits of irsurance; whichever is lass. This a rxlorse me nt s hall not i rx rease the app Ike ble limits of irs u ra ace. CAS5016042D Page 1 of 2 0, Duties of the Additiorai Insured int he everrtofan"occurrence',ciaimor 1. The Add itioralInsured must prompttygive nniticecrfan"occurrence'which may result ina claim,acisimtiuhkhis made,or,a"suit"to any other insurer which has ins urarce fora loss to whicht his irsurance gray apply. 2, The Add itioralIrsured must promptN tendert he defense deny claim rrside or"suitm to any other insurer which a ho issued I rs urance to the Additional Insured as a Warred Insured arta which the Ad d it ions I Insured rray qua Iffy as anAdd itiorallrsured fora Toss to whichthh insurance may apply. ALL OTHER TERMS AN DCO N DITIONS OF THE POLICY REMAIN UNCHANGED: { =a j r • ISE 9 I � I � CAS50S6Q a] Page 2 of 2 THIS ENDORSENV NTCHANGES THE POLICY,PLEASE READ IT CAREFULLY, ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT- MANAGERS OR LESSORS OF PREMISES fUichvdTc,are PoradngPbrtfir Porky Fifa a'warnrofEMors,mvit n4amadrnscw�d 1201AM 2t the.faarnal Insured address shown on the Declarations }ldd&kid Oren?an: Return Pirmiter?: This endorsement modifies i rs ura rax provided under the fo Ibwi ng: COMMERCIAL GENERAL L t46ILRY COVERAGE PRO DUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE A. SECTION II-IBRD!SAN INSURED is amended to include any person ororganiration youare required by written contracttoadd as an Additional Insured on this Polky,but: 1, Only if such written contract was executed prior tothe'.7bodily injurykor"propertydanageRand is ineffectatthe time the "bod ily injury'or"props rty da map?'occ u rs;and 2, Only with respect to such person ororganization'sivi-anow lebilityfor"bodily injuryNor'pro pertydamage"as rreregeroriesorof that part of the premises leased to you;and 3. Solely for le bility ca wed by the ownership.,na inte re race or use of that part of the premises leased to you by s uc h person o ro rga nation. However: 1. The i rs urance afforded to s uc h:.4dd itio nal I rs ured only applies to the extent permitted by law;and 2, Will not be broad erthanthatWhich yauare required by the written contract to provide forsuchAddbanal Insured. B, With respecttothe irsurance afforded tothe Additiorel Insured,the following add itiorelexclusiors apply: 1. Thb insurance does not applyto: a. Any"occ urrerxeN whk htakes place after you cease to be a tenant in that premises; b, structure lafteratiors,new construction ordernolitionoperatiora performed byoronbeteffofthe AddhIona l Insured;or C. Any"bodily injury,'property darregeNor'personaland advertising injury'arisirgaurtof: (1) The sole negligence of the Add itiore I I rs ured ore ny employees of the Add itb nal I ns ured;or (2) Any oblgatbnoftheAdd Mona'Insured toIndemnifyanotherbecame ofdarl-Eges arir out of such injury ordarre. 2. Where there is nod uty to defend the Named insured,there b nod uty to defend the Additional Insured.Where there is rip duty toindemnify the Named Insured,there is no duty toiniemnifythe Add bored Insured. C. Withrespecttothe insurance afforded to the Add itbre'lrsured,the folbwire is added toSECTION III—LIMITS OF lF URA NCE: Thi most We will pay on behalf of the Additbre!Insured sthe amount ofirsurance: 1, Req uired by the written contract;or C.AS5017 C420 Page I of 2 . F II 2. Atiailabb underthe applkebb limits of irsuran:e; whicheveris Wass. Thh endarsementshall not increase the applicable limits of Irsurance. D, Duties of the Additional Irsured infix.eventafan 'occurrence)offense,ciaimorusuitN: 1. The Add itionallrsured must promptly give notice of an°occurremeg,anofferoe whkhmay result inaclaim,a claim which is rrrade,or,a usuity toany other insurer whk h has insurance fora las to whk hthis'rsurance May apply' 2, The.odd itioraI Ira ured must promptly tend'erthe defense ofarry claim rrrade arusu'rt"to any other insurer which oho issued i raurance to the Additional Insured as a Named 'rowed red a rto w hk h the Ad dit iorra I Insured miry q tra lily asanAdditiorallrsuredfora loss to whichthh insurance may apply. ALL OTHER TERMS AND CO N DITIONS OF THE POLICY R E MM IN U NDI-LAM NCI-LAME D. } } CAS5C17 0420Page 2af 2