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HomeMy WebLinkAbout2023-087 PO 20240053- Pathways Enterprises Inc. . . . • , ,...• , . Purchase Order VMS CITY RECORD ? Fiscal Year 2024 ' Page: 1 of:'i , IMIFITOTATRIIMITINIKITIVrarT•T --'•'`..TI: — B City of Ashland I 11:11:1:.,Illi!;i111111,1144SilliikidgrilltIOINIAltbanl!Illid aqi1,101, le i I ATTN:Accounts Payable i L • 20 E. Main ; Purchase • L • 1 20240053 Ashland, OR 97520 •, Order* T Phone: 541/552-2010 O Email: payable@ashland.or.us . 1 1 1 — — I• S •' , V PATHWAY ENTERPRISES INC H C/O Fire and Rescue Department E 1 . 1 455 Siskiyou Blvd N 1600 SKY PARK DR STE 101 D MEDFORD, OR 97504 • • p Ashland, OR 97520 O Email: ACCOUNTING@PATHWAY-INC.ORGPhone: 541/482-2770 R T Fax: 541/488-5318 0 • ... , WIP,IIN,Wiie E 't ' *•''''Ii': 411-" "‘'flriitir tirall:::" ',,i fiwoh:F.-0{.0111,1,1;!,:gm.diqi,loil'ili',!iolii!i!Iiiko:4-dtr; AVIS-111114 Marti (541)488-1536 , Ral•h Sartain ilittgallifitliCiveir"i 9i t, PVid i 5't:--,W fYir.snr, '1:),,M',.,1 TV!'1111,1 l Vi',111'!!1'11.F91;')IN41'"1:11'"111011111.''''14:1 16'5A1 "' '''V'1 10210TIMPROLNI 08/03/2023 509s FOB ASHLAND OR • City Accounts Payable 'gli.6613 iii,`oeigil_ qi.3:4,V6,1R4'119,irle:••:i:Hi-ovalpa! r.-, i-z-,:,,,F,4 i!iic, iih.4,;',',N 4 im.1,,,'Ir 011.W1,47s5 1 l'i' , ':i 't i',IT 6 linin V'WC:itittidinnieef Fire Station#1 . , I , .1 Janitorial Services S 12.0 MO $727.72 $8,732.64 • Fire Station#1 • ' ' 5 5 / I Approved by the City Council June 20, 2023 1 1 Agreement for Janitorial.Services Term: July 1, 2023 to June 30, 2024 1 • , Project Account: 5 , is • , GL SUMMARY*************** 071200-6023521 $8,732.64 • •• , I I • _. S. • ' • • , , 1 i • , • , ) • • 1 • , , • • 1 , 1 1 i 1 i , • I , . ,_. . I • pmpaggwrop, • . , [ irqp:,1111,10;111,11m 'd 1111,1,41;:iiip,01 11,0„iiiii;Iii,,I,111,11,111,41oboiiiiii0,11,111, • • 1 I 11;1'11111,,,iligli! q III!, 1,111,91!Irilat ili 11'11111 111111111 11111 1111 i !I Ii141[11:111,111 411'11'11$11i1 114iii Til\A-)7 ,, ,I101,14011111011111,1 111111111111J0111111110'IV 1 HI '' I uthorized Sign6 , t ilyviL.,1,0,01,,g,.,111,1.141,4,011;,ppio,, ,i rffit toil It?)allAilibvitold14 $8 732.64 • • r FORM #3 CITY OF• • A request fora Purchase Orden ASHLAND REQUISITION . d te%uest: 08/03/2023 'Required date for delivery: • • Vendor Name Pathway Enterprises,Inc. • Address,City,State,Zip 1600 Skypark Dr.,Suite 201,Medford,OR 97504 Contact Name&Telephone Number Richard Simpson 541-601-4550 • ' • Email address • rpspei@gmail.com SOURCING METHOD , ❑� Exempt from Competitive Bidding I 0 Emergency El Reason for exemption: ORS 279.835 0 Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: - ❑ Written quote or proposal attached ❑ Written quote or proposal attached • _(Attach copy of council communication) _(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 ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) Or State of Washington Date approved by Council: Contract# _(Attach copy of council communication) , ❑ Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES • . 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency • PERSONAL SERVICES ❑ Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved:by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES ' .. • . Total Cost '��tk�J�J��r #patio`jt i �e' -�i 1 l xf rr Janitorial Services at Ashland Fire and Rescue Station 1 rL1 St tis'" `1, ;'tu !.a:y, i,� �qk,-, $1 143.38 a month rt,�,tr 3 a `� �i� , tr r 4"ri 41 �� qa. �ry"'08 732,6 �� ti ix ',� ,, t l ,. Item# Quantity Unit • Description of MATERIALS Unit Price Total Cost 0 Per attached quote/proposal • • ; TOTA `COST Project Number Account Number o 7 1 2 0 0- s 0 2 3 5 z4,t << ,F, 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 withdepartment to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: ' I(n,1(0',ti Q' Department Head: / Gc�Gv2tG L CN/ ater 000) Department Manager/Supervisor: City Administrator: 7prain..-eldea-2/ ,p r►1 � l to or ggrreeaater ,,000) . Funds appropriated for current fiscal year:' YE / NO VW(�`��1 X71 I 1 L/3 ( Finance Director-(Equal to g ter than$5,000) ate G Comments: • Form#3-Requisition . ' - f fr� Council Business Meeting • June 20,2023 • L fryr.r?;r,,T4'l1 FAY . x r� � hwfa,�T Contract award to Pathway Enterprises,Inc. (OregonForward - Formerly QRF . ger dat lte ii0„ _�.__ : Program) for Janitorial Services • `°{ }? 4 ` `71lE` ` Michael Morrison Operations Deputy Director ' Ralph h Sartain • � ' Fire Chief Rachel Dials Interim Parks Director michael.rnorrison@ashland.or.us 541-552-2325' ' ;Contact ,' ;kala ralph.sartainteashland.or.us • 541-552-2229 • rachel@dials@ashland.or_us 541-552-2260 Iteitirigype,1:Aitwo Requested by Council D Update p Request for Approval ® Presentation 1= SUMMARY • This request is seeking approval to award a public contract to Pathway Enterprises,Inc.to provide janitorial services for City Facilities,Fire Station#1,Parks Recreation Facilities,and Parks Restrooms and Trash Services.Pathway Enterprises,Inc.is a local qualified.Oregon Forward Program contractor that is qualified to provide janitorial services for the City of Ashland. The Oregon Forward Program was formerly known as the Qualified Rehabilitation Facility (QRF) Program..The term for the new contract for Janitorial Services will beginon July 1,.2023,.and end June 30;2024.. POLICIES,PLANS&GOALS SUPPORTED • • . • . • BACKGROUND AND ADDITIONAL INFORMATION The following information,along with guidelines,procurement contractor lists and laws governing the• Oregon Forward Program can be found online at: , • https://wwvv.oregon.gov/das/Procurement/Pages/OregonForward.aspx • . • The Oregon Forward Program,formerly known as the QRF Program,fulfills a state law supportiing meaningful work opportunities for Oregonians living with physical,mental,and developmental disabilities.Through a network of qualified nonprofit contractors,a uniquely skilled and diverse workforce is trained and employed to provide goods and services procured by state and local government agencies. Oregon Forward is a state-run purchasing program promoting meaningful Job opportunities foradults living with disabilities.Oregon's Department of Administrative Services(DAS)oversees a network of qualified nonprofit providers,Oregon Forward Contractors or OFCs,that fulfill a variety of public ' agency product and service needs across the state.The Oregon Forward program supports productive lives and helps create bright futures by fulfilling the needs•of state and local government agencies. • ORS 279.850 Procurement of product or service; agreements forprocurement; exceptions;preferences. , (1)(a)Except as provided in paragraph(b) of this subsection and subject to paragraph (c) of this subsection, a public agency that intends to procure a product or service on the procurement list that the Oregon Department of Administrative Services established under ORS179.845 shall, in accordance with the department's rules,procure the product or service at the price the department establishes from a qualified • nonprofit agency for individuals with disabilities,provided that the product or service is of the appropriate specifications and is available within the period the public agency requires ' • . I • • • Page 1 of 2• • • lift • ®A Council Business Meeting • FISCAL IMPACTS Funds are budgeted each fiscal year for janitorial services. Janitorial Services FY 2024 J•'v t'-p t ;.dp i'y r rir t° Vii' 1C ra ee t r� t {} �Y c i'f.r7(t ! JE,Tig=5 4.14: XJ:4-4if,a,'ILVV,, .. COA I lying Wage; j t , d 1 t, at C 4t a €Srt t 5 Y ( s gni S � 4°r e 47$11�r12 �v.•trtj.?a€64.'�.�±':3.�...aaf�°t�...a...a:.�.•`�"Qsn:`�..s°fT�:.Sl17.54: City Facilities • ' .$185,453.52 Fire Station#1 • 8,732.66 • Parks Recreation Facilities 30,517.32 Parks Restrooms and Trash Services 222,526.27 Total Amount $447,229.77 DISCUSSION QUESTIONS • SUGGESTED NEXT STEPS Staff recommends the public contract for janitorial services be awarded to Pathways Enterprises,Inc. ' REFERENCES&ATTACHMENTS _ Costing Workbooks • • City Facilities • • • Fire'Station#1 • • Parks Recreation Facilities•• • • Parks Restrooms and Trash Services • • • • • • • • • • Page 2 of 2 /M �:u",t%p hc^ • • • • • ESA • mama a.,t1I1\\TaT Coiumuuicitiiou Te::m«ork' Professionalism Opportunity Enterprises, Inc. Office: (541)973-2725" Fax, (541)973-2729. Property Service.License#40205 CCB License#218417 • • June 12, 2023 i . • • Ralph Sartain Fire. Chief. • • City of Ashland 90 N. Mountain Ave. • Ashland, OR 97520 j Dear Mr. Sartain, • Pathway Enterprises is requesting a pricing adjustment for the 23-24-contract period. The reason for the changes are as follows • Incorporation of the updated Living Wage for the City of Ashland'at$18.12 per hour: Supervisory wages were calculated at 11.3 times that of a worker. This • • resulted in a supervisory rate'of$24.10 per hour . . . ' •_ • Updates for supply expenses, fringe expenses',•and agency overhead. ', • The current cleaning service pricing is $7,589.28, and we are requesting an'ihcrease to $8,732:66 annually. This increases the overall cost by$1,143.38 per year. I appreciate your consideration and look forward to another year serving the City of • Ashland. • • • • • _ . • • Sincerely, • Richard Simpson •• ! . Commercial Contracts Director • Pathway Enterprises, Inc. Cell 541-601-4550. • Office 541-973-2728 , '• • 1600 Sky Park Drive Suite No.101 Medford,OR 97504. • NVNVIV.pathway-inc_oig info@pathway-inc.org • it • Costing, Workbook For Janitorial & Grounds `Maintenance Contracts Under the Qualified .Rehabilitation Facilities Program ix+et r� �a., _ (��t7,-�R,z�, �t ,Y t s:,- l�55p,9�� all� rdrx!•'' �. e7�1 � a F 12' l Ya+Y, J aq f4t`4 g Efot r '' t'X•1� e+t j "sit ' .. ' E , a S 46, 'V..-h' a r n 40°'.1,0;1 der r•r 7r r o f 1'1 tifd 4 1 Y} E4+' L! �v n .r ' vP r4 �3 �,mL 1,6 •L of_.. �,AAI4 ; s, I + %��,,��� �i^•w�(..ir�V•• ,J-- :�Q r i14��.%•"wL>�t___. �..'3��r.a\•+'1�•+�1. uyY.••• �1RY•r..•..te•,,1CYt • • • • to y jr�•'�' • 9 Oregon State Department of Administrative Services Procurement, Fleet, and Surplus Services 1225 Ferry Street SE, U140 Salem, Oregon 97301 (503)378-4642 • • •• • ' I • , • SUMMARY OF ANNUAL COSTS Oregon Department of Administrative Services revised: 1/20/2023 Project Costing Worksheet The summary sheet is linked to.the other sheets in this workbook.Any area shaded in light green is either a formula or linked to another work sheet.The only manual input to this sheet will be to input the QRF name.The costs are to be divided into five categories: Raw Materials, Labor, Overhead, Delivery and Reserve Costs. Raw materials consist of supplies,small equipment&tools, and large or special equipment. Each category is detailed on the following sheets. Labor costs is direct labor used to produce or service the contract. Overhead costs is a line item charge which is computed on the overhead sheet.Transportation or delivery andireserve computations are.also completed on the following sheets.All these costs will vary depending upon your organization and thespecifications for the project. Each sheet will have an example calculation and further instructions for completion. . • QRF Name Pathway:Enterprises,.lnc ::-. -•, , ' Project City of•Ashland:Fire,Department`23=24 Executive Director Signature: • Raw Materials • Per Time Use-Supplies , , .' (from supplies worksheet) '$ ..:, ,, :'• 545.55 Equipment,Tools&Subcontracting .(from small equipment worksheet) .$ ,_ _ ,., .212.87 Subtotal'I $ 758.42 Labor Direct Labor (from labor daily worksheet)• ,$ ,... . . 5,820.77 Overhead. . See Overhead Worksheet $ :.,•;;.,`.' 1,629.51 • Delivery Transportation (from Trans&Reserve worksheet) .$;. ... , - • • . Total Before Margin ,$, .r 8,208.70 Reserve Margin Held in Reserve (from Trans&Reserve worksheet) $ 523.96 • • Total Bid Yearly .$ ... ,:i .,_ :� 8,732.66 Monthly .$ . -.,'- 727..72 Work Area• • • . ' • • • • • • DAS Form#12'J Revision 10-03 • Page 1 , Summary Sheet • RAW MATERIALS Oregon Department of Administrative Services Supplies Project Costing Worksheet Pathway Enterprises, Inc. . City of Ashland Fire Department 23-24 ' • Raw Materials: • • This category is often spelled out in the Request for Offer(RFO).Language such as"Items to be provided by Contractor" will usually reflect Supplies qr Raw Materials.In the case of a Service Contract this will likely include not only supplies required to perform the service each month,but also Equipment&Tools.In the case of a commodity contract the Raw " Materials will be figured on a Per Item Manufactured basis. • •A custodial contract,for-example,may require the following for month-Supplies: . Paper,productsand soap Broom and dustpan Cleaning chemicals or products Floor Wax • Spray bottlesScrub brushes or scouring pads • i Per Use/Pei Item Manufactured-Supplies Item Unit Units Needed Monthly Annual • Price Per Month Cost • Cost 1 Arsenal#10 Top Clean • $ 1.02 • 10.0000 $ 10.200000 t$ 'k :,,-. 122.400000:' • 2 Arsenal#2 Window Clean • $ " . 0.91 2.0000 $ ..:. =£1':820000 $t • Y -21'.840000- , , 3 Arsenal#5 Restroom Cleaner $ 1.32 2.0000 <$ ... ..?2.640000. $i -.. 31.680000.: • ' 4 Arsenal#6 Vindicator $ 0.86 4.0000 $ ' ; ` :f3:440000 $ 4°'`.` 41 280000's • 5 Barkeepers Friend Liquid \._ $ 5.92 0.5000 $ ' ; 2:9600001 $ty ,,x °:35 520000' 6 Barkeepers Friend Stainless Steel Polish $ 5.92 • 0.1250 $` r 0 740000# a$ , r e8 880000 7 Barkeepers Friend Toilet Bowl Cleaner $ 2.98 0.2500 $. "==s9 745000°,,$ '°. . 4 8:940000 8 Wenco Aero Glass Cleaner ' $ 3.45 0.5000 4 :T?z t--i..725000`.+ .C$ 1 4C •20.700000 • 9 Ziz-O Paste ' $ 5.82 0.2500 $ _'. 1.4'55000_ "$ ' 'k i : 17.460000- 10 Angler Broom $ 5.90 0.0833 $ 0:,4.91470! $ 1 •5.897640; . • 11 Cleaning Terry Cloth Rag ' $. 0.49 5.0000 $ • "2 437500 $ 29250000' 12 Dust Mop 36"Frame $ 10.48 • $ - 'Y $i ` . 13 Dust Mop Handle $ 8.29 $ "' .. ` r $ 14 Dust Mop Head 36" $ 16.475 ,` n.N '$J : 15 Dust Pan . $ 9.60 0.0833 $t, . r x.- 0.799680 $i".,,.7,7Nn;":9.596160' 16 Easy Adapter hose $ 27.76 $ = 1 $ .. 17 High Rise Duster $' 9.08 0.0833 ',$;.:i7.47,45.2.7: 0156364 4$W5',.'0"..!,-1.':'...:.!:','-..:9:076368' ' " 18 Melamine Erasing Sponge(24) $ " - 26.70 • $ -M $ ,_ 19 Pro Guard Nitrile Gloves(400) $ 42.50 0.0833 $ "3`540250' $ t , .•42.483000, 20 Scour Sponge White(Case) " $ 38.40 0.0416 !,$ •;u`... r."="1.597,440 $s . 4,; 19169280: . 21 Toilet Brush . $ 1.87 0.1667 $' tt', ° '0.311;729 $' r u g 3.7407.48,. 22 Trigger Sprayer w/Bottle $ 2.40 • .0.5000 s r i'1.200000?..i.',.:$';',:1-14,.':i-"< ".::;',.i-14.-2400000.' 23 Unger Micro Washer Sleeve $ 1.95 0.1677 $ ;=i} '0.327015 $4' 3.924180' • 24 Mop Head . . $ • 3.83 0.2500 4 0.957500 $s 11:490000 25 Mopster W Fluid Resevoir $ 50.33 $ `' -_:a--. ti..x"�aw $ -i - �:, 26 60'.'Handle • $ 8.75 *$ , i $ j • 27 Sensor Bags(10 Pack) • $ " 28.51 0.0833 $ •'i..a 3748831 t$' ..28.498596 28 Brute Caddy Bag $ 59.35 0.0833 $ 4 943855 $ 59.326260' 29 Ninja T Bar ' $ 21.275 . :r l$ w • 30 Chewing Gum Remover • • $ 7.42 $ = ` '¢'W` " . q5 ' '4 j 31 Deep Six Defoamer $ 12.11 $ .: ,W a $ 32 Take Down Fresh and Clean $ 20.53 :4 t w' �' • • % $'•- f.;; • 33 Timesaver Floor Finish $ 26.62 v$••<-•# ':" `.- "x+ $ :- a , 34 Heavy Duty Stripper $ 18.45 $$" $°'° ` ' • • 35 Arsenal Nuetralizer Packs $ 0.45 $ _< k • R'A --•2'••° $"°-^=-• -` - • 36 Folex Carpet Spotter $ - 16.25 $ i. ▪ .r z r. .;;$V I 37 Easy Shine Reusable Pouches $ • 10.61 t.$ n T $ ' .Y£ t . 38 20"Black Strip Pads $ 6.00 '5 _•- ▪ < 4 ` .,1$ --• ra 39 20"Brown Strip Pads $ 6.00 :$">-5L, -* :, ; $ c h 40 20"Red Polish Pads $ 5.59 $` A-" +x`T- $ r:e4i Lam.••-f, 41 20"White Polish Pads • • $ 4.26 . •• $.V: •' -.-. :t•: s$=a-=s " 42 Doodle Bug Pad $ 2.26 i$.•,Y , . 7tiW s $ 43 Doodle Scrub Grout Pad $ 24.73 $ .k K=`r a :•-? •$> -: _- .. --: " 44 3m Square Scrub Turf Pad $ 43.22r`$' i Zf " # n:, ''$' � a s � 45 Square Scrub SPP Pad '5 11.75 $.,. g 5<:?2`: "_.I+_' f$,,.,t '` 'W • , 46 Square Scrub Black Pad $ " " 13.19 A.$ '=t i =pit, ' +$'"r t 47 . $,s'2, ` ` g'' F,1 a $ -„` t ; 48 $ ' . . -L 5 ,'i, s, 49 ,5,. ii, ,,$ 50 ' . • $ -FYL•Lj >�-a ;1 . - ' . • Total $5_- .-e_.-`. <45f46'. .$'L. y ., _545'.552232f . Areas in green`are formula,driven. . • Monthly Cost= Monthly cost is computed by multiplying the total unit cost by the units . needed per month. Annual Cost=Annual cost is computed by monthly cost times 12 months. ' DAS Form#12 J • Supplies Sheet Revision 10-03 Page 2 • RAW MATERIALS Oregon Department of Administrative Services , Equipment,Tools&Subcontractors Project Costing Worksheet Pathway Enterprises,Inc. ' City of Ashland Fire Department 23-24 SUBCONTRACTORS - Cost per Description Time Times per Year - 1 he lolrowing tquipmehnt&tools are examples which may be required to do Me job: 5 _ , • Ot �� tngacaniirrggses Nas `ai)isd presses S.r • 5' = - - If any of this equipment is used on more than one project,be sure to include only that portion of - $' the cost associated with This project: $' ' ' • =S,.:.- .'1 . 5t', - ' • • V8st2011Ya fh MMAgsvgarNARIMC f�1�t88gM18thbrAPHEIgetlon,however,the $ f • - IS'':.".--,14.:^, . Equipment Unit Useful life Contract Depreciation Units Cost Project - Prolect #of Annual ' Description Price of Asset file Percentage Per Year %Use Unit Cost Units Cost ' 1 Brute Rubbermaid Can/Dolly S 100.72 36 _ :12 27:•:33%i5.:,:.33.57 100%+5•r•-1133:57- -5-. ',.•-,•,...47,-....•:•,;•1 ' • - 2 SensorXP15 Upright Vacuum S 561.88 38 12 - 24,..---,,I33%t571,:i18229 100%1S 187:29: 1 IS.-r:..''''2-: .187.29: • 3 Pro Team Back Pack Vacuum 5 428.00 36 F-.•'-',12.-c**,s'•.,•;33%I'S•'•--.142.67 100%IS.-A42:87= IS." .:- -- 4 Cordless Backpack 5 1,215.00 36 - •: -.:Y12 '-'_=.,.7 Z"33%IV.'405.00` 100% 5 Y405:00, 'Sr=-;_" °r,-2;7 - - 5 Wave Break Down Press Combo M S 76.72 36 _ 12-..-2,..--_:::;.•-433%;SI:'. 25.57'. 100%35,25:57: 1 ;S;=:_ '/..:='='25.57 ' 6 Buffer Shroud S 475.00 24 -..7,2.-.7'::•412 -_^i50%IS.'''s237.50' 10% S _r23,75 5.," _Tv_=; 7 Easy Shine Applicator KO S 376.48 12 >. -,12- .:100%f$:..t1376.48, 10%I$:'.1-2'37.135 8 Hoss 700 8 2,590.00 60 . X12.:i2_,..-,----',',20%IS ',.:518.00: 104:5-...151.80: t$.::.:` - - 9 CRB Pro45 • $ 2,738.00 60 X12 ."'..'20%i5•.1647.60, 10% 5--=54:76. •S ==* 10 Square Scrub 5 4,500.00 60 12 t,,�:_':: 20%i$`::x900.00. 10% S=90.00- 5`_%1,,• - ' - 11 Buffer 20'wltank 5 2,400.00 60 _.-5.12 w.,,,I20%:SI-7,4480.00- 10% S:48.00: .S.:"..:-4-•:::,.,,....--,--';;,x • - . 12 WeUDry Vac _$ 1,250.00 36 •'12 si33%r$-.:,,'416.67, 10%'5 -�'"41:67' 3S'^'°N. 13 Cadet Carpet Extractor $ 2,831.94 60 12 ,.5:'-:20%t5r'',''i666.39 10/'S-2I7r$56.64.- r5-.'. , . 14 Doodle Scrub 5 898.00 36 F:'rr ..12 .•,,,-,---=/,`,,.;,33%ISi,i299.33. ' 10%.$-,.=429.93: • 5:.r• -- . 15 SC351 Auto Scrubber S 2812.00 60 •;-.,,,.?!."-::f12-,......::N20%'$:<•.-562.40. 10%.5'x 56.24' ,$ "r' .r.�;-.. 16 Karcher BD 38/12 Auto Scrubber S 3,800.00 60 '12 F ='-20%IS,, 760.00 • 10/'S%'=476.00. 51,,',-• -=i 17T-300 Auto Scnibber 5 7,514.00 60 12 -.:20%i$2 1;502.80' 10% 51150.28- �S = t - 18 Nautilus Extractor $ 3,928.00 60 112. - .2,20%FS_,^'.785.60 10%,$',.78.5e S -sr - 19 Trailer Mounted Pressure Washer 5 15,297.00 84 - - 12 .---7, -''':14%f5=-.2185.29, 10%IS-,218:53'. 15;x.- 20 Cold Water Pressure Washer S 866.00 60 12.`-•.� °_20%i$,-2,47320 .10% SI--:17.32. .S:' _ - 7 1 21 Carbon FiberWater Fed Pole 5 4,336.76 60 :- >='12,.- s:,:.".20%%5..-9!867.35 10%.5._;86.74: !S.=' �-.'�.= ">•<.-� ' 22 - 23 .. - 12 - - _ -., . - __ . 24 `: 12 - .... - - - - - 26 -- 12,-r-; - --;.�. --,._„ :.:.. -'_r' '27 - .`12.=`i - --' _ - 28 - 29 30 _ 32 .12 .-s.: ,�- _ _. _ , 7 33 34 112 --.5 'tt ... 35 .. , • 36 .c12 37 38 -- .12 - .. - _ .,, . 39• 40• 12 9 F, , 41 - - 12 . 't -- • - - - - -- 42 - - ^72 -_ - _ _ _ -., - _ 43 • -=12 • - ,, _ 44 ._- - - - 45 46 - 47 12 -,.-. .- . 48 - 12 - ,. -. ._-. - - 49 12 .. - - ' 50 .12 - _ : - - Total $ 212.87 Areas In green are formula driven, - • Useful Life of Assets=What is the estimated useful life of the equipment In months . Depreciation Percentage=Depreciation is calculated by dividing the contract life by the useful life. . Unit Cost Per Year=Computed by multiplying the total unit cost by the depreciation. Projected%Use=Enter project use percentage.If any of the equipment Is used on more than one project,be sure to Include only that portion of the costs associated with this project.(note:100%would bean item used only for this contract.) . . • Projected Unit Cost=Calculated by multiplying the unit cost per year times the project use. _ If of Units=Multiply by units needed to complete the contract/service. ' Annual Cost=Computed by project unit cost times the number of units. - IWork Area DAS Form#12 J - . ' -- Revision 10.03 Page 3 Equipment Tools -- Oregon Department of Administrative Services w - LABOR - -- Protect Costing Worksheet Dlrrel'ASM _ - r Pathway Enterprises,Inc. City er,WAond Fire D,T,udmad 23.24 Worker Work Hourly Sub- FICA Sub- Workers Sub- Unernoloy Sub- Other Other Benefit Other Banefit5 DallwRer Times AnnuaBfota Annus ours Description Hours Rate Total l Tatal2a omp% 'Total 3 ment% Total4 Benefits% Monthly 5 bTotal$ It Labor Per Yr. Labor labor t Main Rentraome 0.50 318.12 S '9.06 '7.65% 5`,0.69 2.69% E-"'0.24 0.43%:S',,,.004 29.11% S ''261 S t'-12.8)' 260 5 3,26.O8 ""730.0 2 Veewmina 0.50 518.12 0 ' '9.06 '"-7.65% 5.--069' 2.69%'S"-0.24 0.43% 5`,-0.04 29.11% E "'284 S '12.87 104 E 1,318.03 =520 • 3 Lobby 050 518.12 5',•^8.0a -`.7.65% E"'0.89 2.W%'S""024 0.43%5.-"'0.04 29.11% S ""284 S �--1287 52 5"'65002 -'-26.0 4 TmOdna Room 025 518.12 5 "'4.53 ' 7.65%'S'-'.015 269% 5.-'0.12 043%'5.+"^0.02 29.11% E 4'132-•S' -::8.34 52 SY 329.51 "-13.0 5 SupoMslon 025 524.10 -S `•'8.03 -'7.85%'§'-'0.48 269%'S'^•'-0.18 0.43% E""-O.03' 29.11% S -_775 '5 ^'8.43 26 4 4 219.13 "-65 . .,s 7 ,. 5 n-..an8 . §.:, $ E '-.•x § S. 9 S 2000 S' • 2928.1111% • 11 FloerTtth 12 Carpal Tech 13 Window Tech 14 SupervUlon S 2600 E "'"- 7.55% E •"�' 269% S '-v""'' 00.4433%% 55': 1516 E.... E E ...:.., f^• ..•,.. S § ; ,.:... _._..0.0 17 .. ,,, ..,. ..-..; § ..•,... .E„ § ; ,..n S .00 19 20 21 2223 . 24 25 26 • 27 § E §_ §` § S' 29 S E 30 31 33 • 37' S.c-..v-_,.e. S :,:sa.._.. E -SOA 5 5. 5 ......, 40 39 41 ; E a 5 ; S S, 0.0 42 5 431 .:.a E '-'-.J ; a. 44 ......,-.. a '-'`.1V t 4'",, 46 § _ - 47 § f 5,5:-r ..a-:... 3,72,,,,-71 49 so Total SL '52.78' Total E 5820.77 x','727.5 • List-Other Benefits-Provided - Areas ingreonare formuladrhan. - • Work Hours*Broakdown total'work hours'Moo OvoMew)Into hours or partial hours roquired par time or per Item. PTOI LEAVE 11.92% Subtotal is Computed by muttlplying hours In work hours by hourly rate(provaning wage If requirod)and thon multiply by%product illy. Heald Insurance 15% Subtotal 20 Computed by multiplying subtotal 1 by FICA%(as of July 2002 7,65%), Dmabtilty 0.80% • . subtotal 30 Computed by multiplying subtotal 1 by your organization's Workers Comp%. - 401 K 1•38% Subtotal 4•Computed by muitlpying subtotal 1 by your organlzatian'a Unomploymont Insuranca%, Other Benefits%•Input In this column If you calculate Othor Benefits by a percont8ge. • Subtotal 6•ThIs column may boa combination of both Othor Benofits%and Other Benefits Monthly5. Daily Per horn Labor 0 Tho sum of subtotals 1,2,3.4,and 5 Tunes Per Year•Thtata the days or shiftsworkod peryoar Annual Total Labor 0 Times por year multiplied by daffy/por brim labor Annual Labor Hours.Work hours multiplied by[Imes por year Other Benefits Mo.S•Input In this column eyou calculate Othor BenoOb as o fiat dollar amount por month.Adjust amount to rolled thb employees'allocated • For purpo5os or mattes o project,Sc Important to dbtingulsh botwoan direct and Indirect labor.Indirect labor Wiper/Ulan,odmWawlon,inspection etc.)may be captured e5 Overhead,and will be dlacusaod later.Dien lobar b that which Is :pacifically 1401016Mo as a pan of the contract raqubamonls.It should bo noted Nat working auporvlooro could opand a percontaeo of their erne in direct labor functions.The percentage may vary depandb9 on No project orormantaeon.For exampla,a w rvbor moy spend 50%of hlYhor Urns In diroct labor functions and the other 50%oupervbing.In Not coop you would Weide 50%of that person'o time as direct lobar and capture the other 50%,on wag an any other super/Spry costs, ha No Indbect labor portion of Overhead. Sheet labor Is host expressed as work hours•.'150119,150 total number of hours that will ba required to complete o task or project.The Not and perhaps most critical slap S to IdonUly Na work and brook It down Into Its compannnl task,.Tho d0sctpeon of work or opoelncouona In No contract Is No plata to stun.Onco the component tasks aro Idantltad,the next clop la to estimate the Wm that wig be required to aecomptrh each task.Shier INa esemotod lima may bo In minuloo or oven ooeonds,No times must bo compiled Into o Par-TImo or Per•Itom drool labor coot oatima10.For exempla,N o custodial contract.first breakdown Newark requirement,Into component tasks such as,loading and uNoading equipment.amplyM9 bath and racyelo eonlolnero,vacuuming,sweeping,cleaning oink.,waxing(loom,oto.(be sum to account for erne 5olween jobs,loo).Soot,estimate No time raqulrod for each component took.Than,complo Ihoae a:emates into a figura that repro0unb No total number or hours paroervlco.That figura Is No roqulred work halm'Thio numbarwlo cloy the wmo ragardloco afhow many people aro worldng.Foe exempla,B work home can ba accampllshad by I parson working 51100%productivity for 8 Sm.(106=5),or 2 popple working a1100%producthly for 4 bra,oach(20405),It could also 5o done by 6 poopio working at 50%productivity fort hrs.each.(8650.4,41208) Ono you knew No Check w int contract!pot coral corals,opar p rlIb m,110 oumpl oprma oONar Payroll 150an000(fiat)wary to nto hhomy. Some on o anhNo so9,Including Nora on which you pay workers sub-minimum wogo5 based on prodacbvlty,require you to pay o•p ova 9 wage.' I J Matching FICA Worlwm'Camp at your east cental,roeromant,ala. Coot ofother benatib paid by your oroonbaeon(a.g.medical, ) • • • - • - . • • 1 • • Oksct Labor Sheol OAS Form 012 J Pogo 4 1 Ro4,lon 1007 , a • OVERHEAD Oregon Department of Administrative Services Overhead Costs Project Costing Worksheet Pathway Enterpris City of Ashland Fire Department 23-24 i There are many different ways organizations allocate overhead internally(e.g.,Percent of total costs,dollar figure sum,as a percent of direct labor,etc). In the space provided below,indicate how your organization allocates overhead to this particular contract,what items go into your overhead,and what that overhead amount is(whether as a percent or exact amount). i ' Percent of Total Cost Method: • FILL IN ONLY ONE OF THE THREE METHODS DETAILED BELOW! For every dollar spent producing arinalproduct,orproviding aservice,a certain percentage of that dollar is required for overhead. To calculate the •• overhead percentage,itis best to have financial records for your organization that go back a year or more.Add together the expenditures that make up the overhead cost(see worksheet below). Now add this figure to the Raw materials,Direct labor and Delivery fora total cost. Divide the figure for 1. Enter Overhead as a Percent of Total Costs • overhead by the figure for total costs.The result is a percent that represents 18.68%1 overhead as a percentage of the total cost. If financial records are not available estimate the overhead expenses as best you can,estimate other • • costs as best you can,and use the same formula to get p percentage. . OR . Dollar-Figure Sum Method: . • You can enter the dollar amount you are allocating to overhead in the box if you are confident that you can allocate overhead items to this particular project.You can use the Worksheet as a tool(if needed) to identify your costs. 2. Enter Allocated Overhead as a Dollar-Figure Sum I • Percent of Total Direct Labor Method: To identify overhead costs,you need the financial records for your organization or division for the past year.Input all the costs of the entire entity as detailed • below.Line items which are not detailed below should be input into the cells OR " -r i marked"other";please include a description.What you are trying to determine is a percentage,therefore,do not gross up the expenses for inflation or to conform to the current year budget.Next,Input into the cell below the total direct labor hours paid out by your entire organization for the same period. These figures should be found on the year end payroll report.Do not include 3.Overhead as a Percent of Total Direct Labor Hours hours which can be classified as management or administrative costs. .(Including these costs into the direct labor hour total will deflate the actual costs.)The worksheet will compute the overhead as a line Item cost by dividing the total projected labor hours for the contract into the totalprojected labor • hours for the current year. Total Annual Direct Labor Hours I \ Input Total from Worksheet on Below Overhead per labor hour ti ;5#:`.,1Y,:1v."a�^:=z kr.. e • Time required to complete contract [s ' ,"•!;::r l'C.t""228 v Total Assigned Overhead I Sr '', r .:-.. i Worksheet WORK AREA: . Total Annual Operations Use the area below to show how you arrived at the final figure INDIRECT COSTS _ ORGANIZATION DEPARTMENTAL that you show as your total Overhead • ManagementSalaries $ 29,120.00 Management Payroll Tax Expense . $ 5,256.00 I Management Medical Insurance $ 6,600.00 • Management Pension Plan Expense , ;1 Sales&Administrative Salaries $ 561,845,00 ' , Sales&Administrative Payroll Tax Expense $ 90,906.00 • Sales&Administrative Medical Insurance $ 136,791.00 , Sales&Administrative Pension Plan Expense Office Rent $ 146,676.00 $ 82,078.00 Advertising and Public Education $ 52,038.00 • • Background Checks&Urinalysis • • Professional&Accounting/Audit Fees $ 109,128.00 Training&Worker Safety Insurance Telephone • Utilities Property Taxes/Licenses/Fees $ 31,566.00 $ 24,057.00 Dues&Subscriptions ' $ 14,962.00 $ 1,129.00 i Depreciation-office building $ 23,569.00 Depreciation-office equipment $ 56,308.00 Repairs&Maintenance-office Cleaning and Maintenance Office Equipment Rental • • Office Supplies $" 21,283.00 $ 2,886.00 Postage&Freight $ 1,651.00 - Rehab $ 3,011.00 Miscellaneous Expense l Bad Debts Vehicle Expenses $ 65,322.00 $ 168,563.00 Staff Expenses, - $ 47,769.00 Professional Services: $ 65,443,00 $ .559,120.00 TOTAL INDIRECT COSTS 1:1;368;949.00,s:$4,%."_.,1938,128.00:,' CPI Factor • 1.40% 1.40% , Total 14,11-,---%/47,•-•"•2%.T,4,-,^ ';2,339;378;08a1. - DAS Form#12 J • - Revision 10-03 ' Page 5 Overhead Computation Sheet • Delivery & Reserve Oregon Department of Administrative Services Pathway Enterprises, Inc. Project Costing Worksheet City of Ashland Fire Department 23-24 The State of Oregon reimbursesemployee use of their own vehicles on State business by the mile.The amount reimbursed per mile is based on a federal guideline which can be retrieved by following the link below to the GSA web site. This standard reimbursement_is the standard for QRF cost calculation. Gas, oil, vehicle maintenance and repair are considered part of Delivery costs.The labor required (the driver and the workers if they are on the clock),should be captured in the Direct Labor worksheet. Vehicle costs may only be captured in the"Equipment,Tools&Subcontracts" spreadsheet or"Trans&Reserve" spreadsheet within this workbook. It is not permissable to capture costs in both spreadsheets. It is permisible.to use this spreadsheet to capture vehicle costs for the following situations: •(a)Transporting the individuals who will perform the service to the location where the service will be provided. (b) Services dependent on vehicle in-the provision of that service. GSA-Privately Owned Vehicle(POV) Mileage Reimbursement Rates Services Contract , Miles Per Rate Per Daily Services per Annual Delivery Description Service Mile Cost Year Trans Cost 1 $ t $ 2 3 $ $ ; 4 6 7 $ $}s< t$ i $ .r Mt .�R1 F 8 � 9 $t $ 10 $ �$ Margin The law allows a"margin held in reserve".The margin°A? can vary depending on the product or service being offered and organizational, contractual and market variables specific to the project. Some research will likely be required to come up with a percentage that not only allows for inventory and equipment replacement, but is in alignment with industry standards and fair market value. Any percentage higher than six percent(6%)will have to be justified to DAS. Enter as a%of total cost of contract 6.0%l Work Area • • DAS Form#12 J Revision 10-03 Page 6 Trans-Delivery and Margin Sheet • 1 \ .. • • • • AGREEMENTFOR JANITORIAL SERVICES • PROVIDER:: Pathway Enterprises;Inc, • c x o •• ASH LAN D PROVIDER'S CO ITACT'a Richard Simpson 20•Fast Main Street ADDRESS: 1600 Sky ParkDrive,Suite No. 101 Ashland,Oregon.97520 •Medford,Oregon.97504 • Telephone: 541/488=5587 Fair: 541/488-6006 PHONE: 541!•97.3727.28: ' • EMAIL; icpspei@gmail.cbm ;Trus. Goods and Services Agreement (hereinafter "Agreement")I is entered.into by arid between the City of Ashland,'an Oregon.municipal corporation (hereinafter "City") ,and Pathway Enterprises,.Inc., a domestic business corporation("hereinafter"Provider"),for Janitorial Services. 1. PRO'VIDER'S mg.,xGATIONS 1:1 Provid :ejanitorial services for.City'Facilities, Fire Station'#1,•Parks Recreation'Facilities, and .,Parks;Restrooms.and Trash Services as set forth In the "SUPPORTING,DOCUMENTS"'attached • • hereto'and,by.this.reference,incorporated herein. Providerexpressly acknowledges that of the - essence of any.completion date set forth in the SUPPORTING'DOCUMENTS,and that no waiver or extension of such deadline May be authorized except in the same manner as herein provided.for authority to •exceed the maximum compensation: ,The goods .and services defined and described in the • "SUPPORTING.DOCUMENTS"shall hereinafter be collectively referred to as'"Work." 1.2 Provider shall obtain and maintain during.the term of this Agreement and until:City's final acceptance policypoliciesbili insurance' • liability insurance with.a combined single limit, or the;e •uivalen :of. of t a$2,000,l general o� Worlc received hereunder,a glic or. of ha q ` t, not less thatr $2,QQ000b (two • •Million dollars)per occurrence for Bodily Injury and,Property Damage. 1.2,1 The:insurance required in this Article shall inch de the,following,coverages: • Comprehensive General or Commercial General Liability, including personal injury, • contractual liability,and products/.completed operations coverage,:and • Automobile.Liability, , • • :Workers' Compensation 1.2.2 Each policy of such'insurance shall be on an"occurrence"and nota"clapns•made!'form,and • shall: • • Name as additional insured "the: City of Ashland,. Oregon, its oficers, agents and employees" with respect;to claims arising outdfthe'provision o£'Wbrk under this Agreement; • • Apply to'each named and additional named insured as though a separate policy had been issued to each,provided that the policy:limits shall.not be increased thereby; Apply as primary coverage for each additional named insured except to the extent•that two • or more such policies are intended to "layer"'coverage and, taken•together,•they provide • total coverage from the first dollar of liability; ' ' a • • Provider shall immediately notify the City of any change.in insurance coverage it Provider shall supply an endorsement•narrung the:City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement,and ' Page 1 of 8: Agreement•between;the City of Ashland and Pathway Enterprises,Inc: • • • e Be evidenced by O.certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with.ORS 656:017 or employers that are exempt under.ORS 656426. As evidence of the insurance•required by • this Agreement,the rrovider shall furnish an.acceptable insurance certificate prior to commencing any Work under this Agreement. • IA Provider agrees..that no person shall, on the grounds of race, color,religion, creed,sex,marital status, familial •status or domestic: pm-tierShip,• national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, sufferdiscrimination in the performance of this • Agreement when employed byProvider. Provider agrees to comply with all applicable requirements of federal and state civil right and rehabilitation statutes,rules and regulations Further,.PrOvidet agrees not to discriminate against a disadvantaged business enterprise,minority-Owned business,woman-owned business, a business that a service-disabled veteran owns or an: emerging small business enterprise certified under ORS 200:055,in awarding subcOntracts as required by ORS 279A.110. • - 1.5 It all solicitations either by competitive bidding or negotiation Made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights'Ad of 1964 and other federal nondiscrimination laws 1.6 Living Wage Requirements:* If the amount of this Agreement is $22,310A6 or more, Provider is required to comply with Chapter 3,12 of the Ashland Municipal Code by paying a living wage;as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement Provider is also required to post the notice attached hereto as``Exhibit A"predominantly in areas where it will be seen by all employees. 2. curs OBLIGATIONS • 2.1 City shall pay Provider the sum per attached Oregon Forward Program Costing Workbooks as prOvided herein as full compensation for the Wotk as specified in the-SUPPORTING DOCUMENTS. • 2.2 In no event shall Provider's total of all Compensation an4 zciniburseinent tinder this,Agteement exceed the not to exceed•(NTE) amounts as follows without express, written approval from the City official • whose signature appears below,or such officiaPs successor in office, Per attached Oregon Forward Program Costing Workbooks • (Formerly.QRF Program) FY 2024 City Facilities $185,453.52 Fire Station#1 .8,73/66 • Parks.lepreation Facilities . '3%51732 Parks.R.estrooms Services • 222,52627 Total Amount • $447,229.77 • 23 Provider expressly acknowledges that nO.other person has authority to order or authorize additional Work which would.cause this maximum sum to be exceeded and. that any authorization from the responsible official rank be in writing Provider further acknowledges that any Work delivered, or • expenses incurred without authorization as provided herein.is done at Provider's own.risk and as a volunteer without expectation of compensation or reimbursement. • • Page 2 of 8: Agreementhetween the City of Ashland and Pathway Entexprises,Inc. , , • • • - . • • • • • • • 3. GENERAL PROVISIONS • 3.1 This is a non-exclusive Agreement City is not obligated to procure any specific amount of Work from •. Provider and is free to procure similar types of goods and services front. other providers in its 'sole • discretion. . • . 3.2. Provider is an independent contractor and not an employee Or agent of the City for•anir puipose • . • 33 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability• • • insurance,paid leave,and retirement. 34 This Agreement embodies the full and complete understanding of the•parties,respecting the subject • matter hereof It supersedes all prier agreements,negotiations,and representations between the parties. • • Whether'Written or oral. 35 This•Agreement may be amended only by written.ingtrunienti eXecutedavith the sameforrealities as this • Agreement • • • 3.0 The•following laws of the State of Oregonare hereby•incorporated by reference into this Agreement ORS 279B.220?27913230 and 279B 235. ! , • 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws • principles. Exclusive venue for litigation of any action prising under this.Agreement shall be in the Circuit Court of the State of Oregon for Jackson CoMltY.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 Agreetnent-in any other venue,and expressly consents that, upon motion•of the other party, any case may be•dismissed or its venue • • transferred,as appropriate,so as to effectuate this choice of venue. . • 3.8 Provider shall,defend,save,hold harmless and indemnify the City.and Its Officers;employees and agents from and against any and all claims, suits,,actions„losses, damages, liabilities,.costs, and expenses of ' any nature resulting frem; arising out of, or relating to the activities of Provider or its.officers, • employees,contractors,or agents under this Agreement: -3,9. . Neither party to this Agreement shall hold.the other responsible foç damagesor delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyondthecontrol ofthe,other or the • other's officers,employees•or agent. • • • • • . 3.10 If any provision'cif this Agreement is found by,a court Okborapetentjutisdiction to be unenforceable, such provision shall not affect the'other provisions,but such unenforceable provision,shall be deemed; • modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the. intent of Provicler•and the City set forth in this Agreement. . • • 3.11 Deliveries will be F.0.3 destination,Provider shall.pay all transportation.and handling Charges'for. . . • Goods.Provider is responsible and liable for less or damage until fig):inspection and acceptance of the Goods by the City. Provider refrains liable for latent defects,fraud, and wa.rranties. 3 12 The City may inspect and test the Goods. The City.may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated: If Provider • does not cure any defects within a reasonable time, the City may reject the GoOds and cancel this • Page 3 of 8: Agreement between the City of Ashland.and Pathway Enteiprises;rue • • • • • Agreement in whole or in part,This paragraph does not affect Or lftnit'the City's rights, including its rights under the Uniform Commercial Code,ORS,Chapter 72(UCC). 3:13 Provider represents' and warrants that the. foods. are new; current, and fully .warranted by the• manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free frbm defects in labor,materi:al.and manufacture:Provider shall•transfer all warranties to the City. • 4. SUPPORTING.DOCCTMENTS • • Thefollowing documents are,by this reference,expressly;incorpotated iri this.Agreement,.and are collectively .referred•to in this Agreement as the"SUPPORTING DOCUMENTS: • • • Oregon Forward Program Costing Workbook for CITY FAC LITIES:$185,453.52.. In total•we are requesting$185,453:52 annuallyfor cleaning services. • The monthly breakdown of costs is•as follows: • . •• • . Annual 2023-2024 Monthly Rates II Weekly Services .City Hall 2,105.86 5 . • • :ccmmunity Development . 2,808.21 a Full,2 Partial Municipal Courts 1,738,06 3 Full,2.Partlal Police Dept .. 4,009:83 . 7 • Serulce Center • 2,258:0.3 4:• Street Shop 8:77.25 • 3 FloorServices ; 1,462.45 TwiceAnnual • Total . $15,260.69. . i/ Oregon Forward Program Costing Workbook for FIRE STATION 01:$8,732.66 • Fire Station#1 Tom Bid Yearly $8 732.66 • . Monthly . $727.72 .7 • • Oregon Forward Program Costing Workbooks for PARKS RECREATION FA.CZYTIES:$30,517:32 !Motel we'are requesting'330,517.32 annually. i have attached the State Costing Workbooks • • . and minimum cleaning standards; • The monthly breakdown ofcosts are asfalba; :Annual 102.3-20N Monthly Price. #Weekysetvices • Nature center 634,44 1 :The Grove 553;89 1 'Senior Center . 1,$54.78• -•.5 . . • Total $2,543:11 . • . • Page 4 of 8: Agreement between the City of Ashland and Patfviay Enterprises,Inc. • • • + Oregon Forward Costing Workbook for PAEI(S RESTROOMS&TRASH SERVICES:$222,526.27 • Parks Restrooms Total.BidYearly $222;52627 • Monthly :$1.8,543.86 5.. READIES ' • 5.1 In the event Provider is in default of this Agreement, City may,,at its-option, pursue-any or all of the remedies available to it under this:Agreement and at law or iii equity;including;.but not limited to: • 5.1.1 Termination of this Agreement; 5,1.2 Withholding all:mouies.due•for the Work that has failed to deliver Within any scheduled • completion dates or any Work that have been,delivered inadequately or defectively;: 5.1.3 Initiation of.ari action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies•are not inconsistent;and City may pursue ' • any.remedy or remedies singly,collectively,successively or in any order whatsoever: • . 5.2 . In_no event shall City be liable•to Provider for any•expenses•related to termination ofthis Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately`any excess.to Cityupon written demand provided. • • 6. TERM AND TER]S1 NATION 6.1 Tenn This Agreement shall be effective July 1, 2023 (the"Effective Date") and shall continue in full force and effect until June 30,2024,unless sooner terminated as provided in•Subsection 6.2. 6.2' Termination 6.2.1 The City:aped Provider may terminate this Agreement by mutual agreement at any time. • • 6.2.2 The Citymay,upon not less than thirty(30) days'prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3:Either party may terminate this Agreement,with cause,by not•less�than fourteen(14)days'prior written noticeif.the'cause is not cured within that fourteen (14)day period after written notice.. Such termination is in addition to and not in lieu of any other remedy atlaW or equity. 7:. NOTICE • Whenever notice is required or permitted to be given under.this Agreement, such•notice shall.be given in writing to the other party by personal delivery,'by sending via;a reputable•commercial overnight courier,.or • by mailing using registered or.certified.United States mail,.return receipt requested, postage•prepaid, to the address set-forth below; • If to the City: City of Ashland • Attention:Wes Hoadley,Facilities Maintenance Supervisor(pity Attention:Rachel Dials,Deputy Parks Director(Parks Recreation) • _ • Attention:Michael.Elack,Parks Director(Parks Restrooms) • Attention:•Ralph Sartain,Fire Chief(Fire Station#1) 20 E.Main.Street Ashland,Oregon 97520 Phone:(541)488-5354 • Page 5 of 8: Agreement between the City of Ashland and Pathway.Enterprises,.Inc. • • • • • • • With'a copy to; • City of Ashland—Legal Department • 20 E.Main:Street Ashland,,OR. 97520. Phone:(541)488-53.50 • • If to Provider: ' Pathway Enterprises,Inc. • Attn:Richard Simpson 1600•Sky Park Drive,Suite No. 101 Medford,Olt 97504 • Phone:(541)973-2827 I • • 8. WAIVER 0F BREACH .One ormnorewaivers or failures to object by eitherpartyto the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any.subsequent breach,whether or not of the same nature. • 9. PROVIDER'S COMPLIANCE WITH TAX LAWS •• 9.1 Provider represents and warrants to the City that: • 9.1.1 Provider shall, throughout the tern'of this Agreement, including any extensions hereof, comply with: (i) All tax Iaws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters,316,317,and 31'8; (ii) Any tax provisions imposed by apolitical subdivision of the State of Oregon applicable to Provider;and (iii) Any riles,regulations,charter provisions, or ordinances that implement or enforce any of the foregoing tax laves or provisions. . 9.12 Provider,for aperiod of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (1) All tax laws of the State of Oregon,including but not limited-to ORS 305.620 and ORS chapters 316,317,and 318; (ii) " Any tax provisions imposed by a political subdivision of the State of Oregon applicable to • Provider;and " (iii) Any rules,regulations,charter provisions, or'ordinances that.implement or enforce any of . the foregoing tax laws or provisions. , 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision.off=State of Oregon shall constitute amaterlaibreach ofthis Agreement..Further, any violation of Provider's warranty,as set forth in this Article 9,shall constitute a material breach of this.Agreement .Any material breach of this Agreement shall entitle the City to terminate this Agreement and..toseekdamages and any.other relief available.under this Agreement,at law,or in equity. • IN'WI `1VESS WHEREOF the parties have caused.this Agreement to be signed in their•respective-names by their duly authorized representatives as of the dates set forth below. • • • Page.6 of 8: Agreement betviieen the City of Ashland and Pathway Enterprises,Inc. ' . CITY OF AS$GAND: PATHWAXNT�,:1S • C.: By. Byt. / . •• X14311346.r: I, Signature •\65e- r1,L.I...eaf I gra. . c)h IN . . Printed Name i Printed•Name 77z-'3 • . C9n�- .5.:c4-s b+reL��r ' Date , ' Title . • 7/1:12-0V- •5 . • 7-0? .o �2 'Date Purchase Order No. !2,' P 7 e 49 -� (�V-9 is to be submitted with this signed agreement.) . . r �D.2�DO --- 1' ' TO FORM: • Assistant City Attorney • 49/• ODteZ i ' • • . . • • • • . • Page 7 of 8: Agreement between the City of Ashland and Pathway Enterprises,;Inc: • - . • • • ; • • • • • CITY OF ASHLAND, OREGON • • • • • • • ,City of Ashland . • i • LIVING. • ALL employers described WAGE , below must comply with City of Ashland laws regulating •. u- . . 1-i7 . e • • • $18.12 per hour,.effective June 3O,20Z3, • WIfil Vali ' The'Living Wage is adjusted annually every • • June 30 by the••Consurner Price Index= Employees must be paid a portion of the business a- . of hearth care,retirement, living wage: , their employer,if the . 401K,and:iRS•eligible • employer has ten or more cafeteria plans(including employees,and has received childcare)benefits to the z Far all hourstaat[ted undera financial assistance for the employee's amount ay/ages. senr(cacohiradbahveenth$it ` pro• ject or business from the .. • employer and the City of • City of Ashland over 7- Note: For temporary and ` • Ashland Arne contract 3,35.05= part time employees,the • $23 • • exceeds$25,335.05 or more. Living Wage does not apply r if their employer is the•Cily of to the first 1040 hours wnrlted' • For aU hoursworEced in Ashland,including the Parks In any calender year. For • month,if employee and Recreation Deparunent •moradetaiis.please see spends•50%or more of the Ashland Muntcipa!Code • employee's rima In that month > In calculating the living wage, Section 3.12.020. Working on a projector employers may add the value • . For additional information: ' • • Cali the Ashland City Manager's office at 541-488-€002 or write to the City Manager, City Hall,20 East Main Street,Ashland,OR 97520,or visit The City's websll a at tGvirvv.ashiarittor.ua, Notice ta'l:mployers: This notice must be posted in areas•where itcan be"seen by ell employees. • CITY. OF ASHLAND Page 8 of.8: Agreement between the City of Ashland and Pathway Enterprises,Inc. • J • :4C R® CERTIFICATE OF LIABILITY INSURANCE. DATE(MMlDDP'YYY) �� 06/30/2023 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 ORALTER'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. I. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 'If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Kimberly Edwards Ashland Insurance Inc PHONE (541)857-0679 • FAX (541)857-9883 ' (AIC.No.Ext): INC,No): 801 O'Hare Parkway,Ste 101 - E-MAILDLss: kedwards@ashlandinsurance.com • L INSURER(S)AFFORDING COVERAGE NAIC i •• Medford ' OR 97504• INSURERA: Philadelphia Indemnity Ins Co, • INSUREDINSURERB: SAIF Corporation Pathway Enterprises Inc • INSURER C: • 1600 Skypark Drive;Suite#101 INSURER D: • • INSURERE: Medford OR 97504 ' INSURER F: COVERAGES CERTIFICATE NUMBER: 23 24 GL AU WC UM REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERMOR 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 SUBR POLICY EFF POLICY EXP LTR • TYPE OF INSURANCE INSD WVD POLICY NUMBER • (MM/DDIYYYY) (MMIDDIYYYY) LIMITS X COMMERCIALGENERALLIABILITY - 1 1 EACH OCCURRENCE $ , , _ DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 100,000 ,. X Abuse&Molestation Liability MED EXP(Any one person) _ $ 5,000 A X Professional Liability Y Y PHPK2574165 07/01/2023 07/01/2024 PERSONAL INJURY $ 1,000,000 • GEN'LAGGREGATE UMITAPPUES PER: I GENERALAGGREGATE3000000, , POLICY 020,, Il LO0 0000PRODUCTS-COMP/OPAGG $ , , OTHER: Crime Empl Dishonesty $ 250,000 AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT .� (Ea accident) $ 1,000,000 X ANYAUTO I BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y PHPK2574165. 07/01'/2023 07/01/2024 BODILY INJURY(Par accident) $ • AUTOS ONLY _ AUTOS _ HIRED NON-OWNED - j PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ • PIP-Basic $ 15,000 X UMBRELLA UAB' X OCCUR • � EACH OCCURRENCE $ 3,000,000 A EXCESS UAB CLAIMS MADE PHUB871639 07/01%2023 07/01/2024 AGGREGATE $.3,000,000 • DED X RETENTION$ 10,000 i $ WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVEIY�IN ` EL EA. $•1,000,000 B OFFICER/MEMBER EXCLUDED? I I N/A 524679 04/01/2023 04/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 ` If yes,describe under DESCRIPTION OF OPERATIONS below 1,000,000 EL DISEASE-POLICY LIMIT $ • Directors&Officers Liability 1 Each Occurrence $1,000,000 A Employment Practices Liability PHSD1808810 06/30/2023 06/30/2024 Aggregate.' . $1,000,000 '• 1 Retention $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) ' I The City of Ashland,Oregon,Its officers,agents and employees are included as Additional Insured for General Liability and Auto Liability coverages with ' written contract including Waiver of Subrogation aria Primary and Non-Contributory coverage.This formI is subject to policy terms,conditions and exclusions. V • • • CERTIFICATE HOLDER CANCELLATION • • - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland Oregon,its officers,agents and employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street ' AUTHORIZED REPRESENTATIVE { Ashland OR 97520 eogloil. 0 • • ©1988-2015 ACORD CORPORATION. All rights reserved: ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD . 1 • I •1 PI-GLD-HS (10111) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - GENERAL LIABILITY DELUXE ENDORSEMENT: • HUMAN SERVICES This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy..If such specific coverage applies,the terms,conditions and • limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage-Applicable Limit of Insurance Page# Extended Property Damage Included 2 • Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments—Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments—Bail Bonds $5,000 • 5 • Supplementary Payment-Loss of Earnings • $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit 6 Additional Insured—Newly Acquired Time Period ArnendeCC 6 Additional Insured—Medical Directors and Administrators Included 7 Additional Insured—Managers and Supervisors(with Fellow Included 7 Employee Coverage) • Additional Insured—Broadened Named Insured • Included 7 Additional Insured—Funding Source Included . 7 Additional Insured—Home Care Providers Included • 7 Additional Insured—Managers, Landlords,or Lessors of Premises Included 7 Additional Insured—Lessor of Leased Equipment Included 7 Additional Insured—Grantor of Permits Included 8 Additional Insured—Vendor Included 8 Additional Insured—Franchisor Included • 9 • Additional Insured—When Required by Contract' Included 9 Additional Insured—Owners,Lessees,or Contractors Included 9 Additional Insured State or Political Subdivisions Included 10 • Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company • PI-GLD-HS(10/11) • Duties in the Event of Occurrence, Claim or Suit Included 10 • Unintentional Failure to Disclose Hazards Included 10 • Transfer of Rights of Recovery Against Others To Us' Clarification 10 Liberalization Included 11. ' Bodily Injury—includes Mental Anguish Included.� 11 • Personal and Advertising Injury—includes Abuse of Process, Included 11 • Discrimination A. Extended Property Damage • ' - SECTION I—COVERAGES, COVERAGE A BODILY.INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury"or property damage" expected or intended from the standpoint of the insured. • .This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. • B. Limited Rental Lease Agreement Contractual Liability , . SECTION I—COVERAGES, COVERAGE A. BODILY'INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b.Contractual Liability is amended to include the following: • • (3). Based on the named insured's request at the time'of claim,we agree to indemnify the , • named insured for their liability assumed in a contract or agreement regarding the rental • or lease of a premises on behalf of their client, up to$50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's • liability insurance of the client. • C. Non-Owned Watercraft • • SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE • LIABILITY, Subsection 2. Exclusions, Paragraph g. (2)is deleted in its entirety and replaced by the following: • (2) A watercraft you dp not own that is: • (a) Less than 58 feet long; and l • • (b) Not being used to carry persons or property for a charge; ' • This provision applies to any person,who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. ) D. Damage to Property You Own, Rentor Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2of12• - Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • ©2011 Philadelphia Indemnity Insurance Company - • • PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: • • (1) Property you own, rent, or occupy, including any costs or expensesincurred by you, or any other person, organization or entity,for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a$30,000 limit A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by'fire to premises rented to youis not otherwise excluded from this Coverage,Part, L the word"fire"is changed to"fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in:. a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;is deleted in its entirety and replaced by the following: . . . ° • Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke,or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance • applies to this coverage as described in SECTION III—LIMITS,OF INSURANCE. b. SECTION III—LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises,while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from,automatic fire protective systemswhile rented to you or • , . temporarily occupied by you with permission of the owner. • c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: • A contract for a lease of premises. However, that portion of the contract for a lease of ' premises that indemnifies any person or organization fordamage by fire,lightning, , • • explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4.Other • Insurance, Paragraph b. Excess Insurance, (1).(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you,or temporarily occupied by you with permission ' of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the ' greater of: • Page 3of12 • . Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) • a: $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damageproximately'caused by the same event,whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. • • • • F. HIPAA SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, , is amended as follows: 1. Paragraph 1: Insuring'Agreement is amended to include the following: We will paythose sums that the insured becomes legally obligated to pay as damages because of a"violation(s)"of the Health insurance Portability and Accountability Act(HIPAA). We have the right and the duty to defend the insured against any"suit,""investigation,"or"civil proceeding" seeking these damages. However,we will have no duty to defend,the insured against any"suit" seeking damages, "investigation,"or"civil proceeding"to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: • This insurance does not apply to: a.. Intentional,Willful, or Deliberate Violations`., • Any willful, intentional, or deliberate"violation(s)" by any insured. • b. Criminal Acts ' Any"violation"which results in any criminal penalties under the HIPAA. a • c. Other Remedies ) , Any remedy other than monetary damages for penalties assessed. . d. •Compliance Reviews or Audits . Any compliance reviews by-the:Department of Health and Human Services. 3. SECTION V—DEFINITIONS is amended to include the,,foliowing additional definitions: • a. "Civil proceeding" means an action by the Department of Health and Human Services(HHS) • arising out of"violations:" 1 ' .b. "Investigation"means an examination of an actual or alleged"violation(s)"by HHS. However, "investigation"does not include a Compliance Review. c. ' "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA:• 1 Page 4 of 12 .. Includes copyrighted material of Insurance Services'Office, Inc.,with its permission. . • ©2011 Philadelphia Indemnity Insurance Company • • 3 • PI-GLD-HS (10/11) • G. Medical Payments_Limit Increased to$20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III-LIMITS OF INSURANCE to the greater of: a. . $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. . 2. SECTION I-COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1.Insuring Agreement, a. (3)(b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident: H. Athletic Activities SECTION I—COVERAGES; COVERAGE C MEDICAL PAYMENTS, Subsection 2.Exclusions, Paragraph e.Athletic Activities is deleted in its entirety and replaced with the following: e. .Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS-COVERAGE A AND B are amended as follows: 1: b. is deleted In its entirety and replaced by the following: 1. b. Up to$5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these: 1.d.is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$1,000 a day because of time off frorri work: J. Employee Indemnification Defense Coverage • SECTION I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added: We will pay,;on your behalf, defense costs incurred by an"employee"in a criminal proceeding occurring in the course of employment. • • The most we will pay for any."em•ployee"cwho is alleged to be directly involved in a criminal '• proceeding is$25,000 regardless of the numbers of"employees,"claims or"suits"brought or persons or organizations making claims or bringing"suits. Page.5of12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • ©2011 Philadelphia Indemnity Insurance Company • • • • • PI-GLD-HS.(10/11) K. Key and Lock Replacement—Janitorial Services Client Coverage. . SECTION I-COVERAGES,SUPPLEMENTARY PAYMENTS.-COVERAGES A AND B is • amended to include the following: We will pay for the cost to replace keys•and locks at the'iclients" premises due to theft or other • loss to keys entrusted to you by your"client,"up to a$101,000 limit per occurrence and $10,000 , policy aggregate: • • We will notpay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees","managers", directors,trustees, authorized representatives or any one to whom you entrust the keys of a"client"for any • purpose commit,whether acting alone or in collusion with other persons.: The.following,when used on this coverage, are defined as follows: . . • a. "Client" means an individual, company or organization with whom you have a written contract , 'or work order for your services for a described premises and.have billed for your services. b... "Employee"means: (1) Any natural person: • . I (a) While in your service or for 30 days after termination of service; • • (b) Who you compensate directly by salary,wages or commissions;and • • • (c) Who you have the right to direct and contrd while performing services for you; or (2) Any natural person who is furnished temporarily to you: • (a) To substitute fora permanent"employee"as defined in Paragraph (1)above,who is on leave; or • . (b) To meet seasonal or short-term workload conditions; • • • while that person is subject tosour direction and control and performing services for you. (3)• "Employee"does not mean: • . • (a) Any agent, broker, person leased to you:by!a labor leasing firm,factor, commission merchant, consignee,independent contractor or representative of the same general • • • character; or (b) Any"manager,"director or trustee except while performing acts coming within the scope of the usual duties of an"employee.". c. "Manager"means a person serving in.a directorial capacity for a limited liability company. L. Additional Insureds SECTION II—WHO IS AN INSURED is amended as follows:• • 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this k. • 1 Page 6_of 12 H Includes copyrighted material of Insurance Services lOffice,•Inc.,with its permission. • ,,©2011 Philadelphia Indemnity Insurance Company . • • PI-GLD-HS.(10/11) Coverage Part, Paragraph 3.a. is deletedin its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following'is also an insured: a. Medical Directors and Administrators—Your medical directors and administrators, but only while acting"within the scope of;and during the course of their duties as such. Such • duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also insureds, but • only with respect to their duties as your managers and supervisors: Managers and supervisors who are your"employees"are also insureds for"bodily injury"to a co- "employee"while in the,course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a)as it applies to managers of a limited liability company.. c. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage"on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if. they are also insured under another,similar policy, but for its termination or the exhaustion of its limits of insurance. • • d. Funding Source-Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or • (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. . e. Home Care Providers—Atthe first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. • f. Managers, Landlords, or Lessors of Premises—Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises • leased or rented to you subject to the following additional exclusions: • • This insurance does not apply to:, (1) Any"occurrence"which takes place after you cease to be a tenant in that premises;or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or • Page 7 of 12 . Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ' ©2011-Philadelphia Indemnity Insurance Company ` • PI-GLD-HS(10/11) • ' organization is an insured only with respect to liability for"bodily injury,""property damage" or •. "personal and advertising injury"caused, in whole or in part, by your maintenance,operation • or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. •With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. h. Grantors of Permits—Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to•the'following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this,insurance applies: •• • (a) The existence,maintenance, repair, construction, erection, or removal of advertising /signs, awnings,canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults.,street banners or decorations and • similar exposures; (b) The construction, erection, or removal of elevators; or • • • - (c) The ownership, maintenance, or useof any elevators covered by this insurance. i. Vendors-Only with respect to"bodily injury',or"property damage"arising out of"your products" whichare distributed or sold in the regular course of the vendor's business,subject • . to the following additional exclusions: • (1) The insurance afforded the-vendor does not apply to:. ' ' (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay • damages by reason of the assumption of liability in a,contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the • absence of the contract or agreement; ' (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; . ' (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration,testing;or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, • in connection with the distribution or sale of the products; • ' . • • . (f) Demonstration, installation, servicing or repair operations, except such operations 0 • performed at the vendor's premises in connection with the sale of the product; • is • • Page 8of12. ! � Includes copyrighted materialof Insurance Services Office, Inc., with its permission.. • • ©2011 Philadelphia Indemnity Insurance Company' •i • PI-GLD-HS (10/11) (g).Products which, after distribution or sale by you, have been labeled or relabeled or. used as a container, part or ingredient ofany other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor, for its,own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: • • - • (I) ' The exceptions contained in Sub-paragraphs (d) or(f); or • (ii) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. • (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. ' Franchisor-Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional • insured for"bodily injury,""property damage"or"personal and advertising injury"but only for • liability arising out of the negligence of the named insured.The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations 0 ' I. Owners, Lessees or Contractors—Any person or organization, but only with respect to • liability for"bodily injury," "property damage"or"personal and advertising injury"caused, in whole or in part, by: • (1). Your acts or omissions;or' (2) The acts or omissions of those acting on your behalf; • in the performance of your ongoing operations for the additional insured when required by a contract. • With respect to the insurance affordedto these additional insureds,the following'additional • - exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by • or on behalf of the additional insured(s)at the location of the covered operations has ' been completed; or (b) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same -. project. ' • . i . Page 9 of 12 Includes.copyrighted material of Insurance Services Office, Inc.,with its permission. • ©2011 Philadelphia Indemnity Insurance Company: . • • • • PI-GLD-HS(10/11) • m. State or Political Subdivisions—Any state or political subdivision as required,subject to the following provisions: • (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. - 1 (2) This insurance does not•apply to: (a) "Bodily injury,""propertydamage or"personal and advertising injury" arising out of 1 • operations performed for the state or municipality; or (b) "Bodily injury"or"property damage"included within the"products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit • • SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as . follows: • a. is amended to include: This condition applies only when the"occurrence" or offense is known to: • (1) You;if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: . This condition will notbe considered breached unless the breach occurs after such claim or"suit' is known to: (1) You, if you are an individual; • • (2) A partner, if you are a partnership; or • (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,6. Representations is.. amended to include the following: It is agreed that, based on our reliance on your representations'as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us ' SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,8.Transfer of Rights of • • • Page 10 of 12 • Includes copyrighted material of Insurance Services Office, Inc.,with its permission. . ©2011 Philadelphia Indemnity Insurance Company . I • • PI-GLD-HS(10/11) • • Recovery Against Others To Us is deleted in its entirety and replaced by the following: • If the insured has rights to recover all or part of any payment we have made under this Coverage Part,those rights are transferred.to us. The insured must do nothing after loss to impair them.At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. • Therefore,the insured can waive the insurer's rights of recovery prior to the occurrence of a • loss, provided the!waiver is made in:a written contract. ' • P. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge,we • will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. • Q. Bodily Injury—Mental Anguish •SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: • "Bodily injury"means: • a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish • resulting from any of these;and . b. Except for mental anguish, includes death resulting from the foregoing (Item a. above)at any time.• . . R. Personal and Advertising Injury-Abuse of Process, Discrimination ' • 1 . If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not • otherwise excluded from this Coverage Part,The definitionof"personal and advertising injury"is amended as follows: • 1.. SECTION V—DEFINITIONS, Paragraph 14.11 is deleted in its entirety and replaced by the following: b.. Malicious prosecution or abuse of process; • • 2. SECTION V—DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) 'Any nsured; or • (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly orindirectly related to the employment,former or prospective employment, ' termination of employment, or application for employment of any person or persons by an, • insured; • • Page 11 of12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • ©2011 Philadelphia Indemnity Insurance Company , • PI-GLD-HS (10/11) •• c. Directly or indirectly related to the sale, rental, lease br sublease or prospective sales, rental, lease or.sub-lease of any room, dwelling or premises by or at the direction of any insured; oi• d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties-imposed because of discrimination. • • • • • • • • - • • • • • • • • • • • • .• • • • • • • • Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. • ©2011 Philadelphia Indemnity Insurance Company • • • • • • PI-GL-005(07/12) • THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. ADDITIONAL INSURED •PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • SCHEDULE 1, Effective Date: 07/01/2023 • • Name of Person or Organization (Additional Insured): As per written contract • • • \. r SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s)shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury"arising out of or relating to your negligence in the performance of"your work"for such person(s)or organization(s)that occurs on or after the effective date • shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. • • This condition applies even if other valid and collectible insurance is available to the Additional Insured fora loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in • SECTION III—LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain.unchanged. • Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.