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HomeMy WebLinkAbout2023-102 PO 20240070- Pathways Enterprises Inc crry . ,, Purchase Order FrailVia Fiscal Year 2024 Page: 1 of: 1 calf, B City of Ashland L ATTN: Accounts Payable20 E. Main Purchase L Ashland, OR 97520 Order# 20240070 T Phone: 541/552-2010 O Email: payable@ashland.or.us • E PATHWAY ENTERPRISES INC H C/O Facilities Maintenance Div N 1600 SKY PARK DR STE 101 I 90 North Mountain Ave D MEDFORD, OR 9.7504 P Ashland, OR 97520 8-5358 0 Email: ACCOUNTING@PATHWAY-INC.ORG � Phone: /552- 304 Fax: 541/552-2304 sdta- eta R €I;; 57�-x_63 11.a ar _ O4`€ B -_(541)488-1536 David Arnold TL HT6L= 1€ial € t,7.7=7±--51W a 5 a-1: €�Sa 1= -« L ® 1€�'I. a.1 1= 08/08/2023 509 FOB ASHLAND OR City Accounts Payable On-call Projects 1 On-call projects, cleaning, debris hauling, painting, etc. 1.0 $5,000.00 $5,000.00 Goods and Services Agreement($35,000 or less) Completion date: 06/30/2024 Project Account: ***************GL SUMMARY*************** 088400-602400✓ $5,000.0 • By: \ Date: 14I e y =_ Authorized Signature le - $5,000.00 • • FORM #3 �. ii7' CITY OF `91- A request fora Purelase Orderi( , _ �� ' ASHLAND REQUISITION ia. , ?ol_..e) '7 of request: 711812023'- Required date for delivery: Vendor Name Pathway Enterprises, Inc. Address,City,State,Zip 1600 Skypark Drive#101, Medford, OR 97504 Contact Name&Telephone Number Devon Simpson. 541-944-6997.www.oathway-inc.org Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency O Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _ _(Attach copy of council communication) , ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ® Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon O Direct Award _(Attach copy of council communication) Contract# ® Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 State of Washington , Date approved.by Council: H Contract# _(Attach copy of council communication) , 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES _ 0 Applicable Form(#5,'6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement O (3)Written bids and solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: . 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached 0 Form#9,Request for Approval • 0 Annual cost to City exceeds$25,000,Council O Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) . Date approved by Council: Valid until: (Date) Description of SERVICES Total Cost Miscellaneous cleaning, debris hauling, painting and projects as needed. $,5,0001)0) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost $0 $0.00 ' $0 $0.00 $0 $0.00 ❑ Per attached quotelproposal TOTAL COST Project Number: _ _ _ Account Number: 088400-602400 $'5;000:QO *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the Cit ' public contracting requirements have been satisfied. Employee: �,. Department Hea '7.l .Z � � al to or greater than$5,000) Department Manager/Supervisor: City Manager: - (Greater than$35,000)•. Funds appropriated for current fiscal year/ / NOw,_ F1 a c b`i'ecto►-(Eg.,*or greater than$5,000) /Di • Comments: - Form#3.-Requisition , GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: Pathway Enterprises, Inc. CITY of PROVIDER'S �5 H LAN D CONTACT: • , Richard Simpson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1600 Skypark Drive Suite 101 Telephone: 541/488-5587 • Medford, OR 97504. Fax: 541/488-6006 PHONE: 541-601-4550 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Pathway Enterprises,Inc.,a domestic business corporation ("hereinafter "Provider"), for Miscellaneous cleaning,• debris hauling, painting, and projects as needed. 1. PROVIDER'S OBLIGATIONS 11.1 Provide as needed cleaning, painting, debris hauling and related services for FY24 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is 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 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 of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the 'equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a"claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work 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; • Provider shall immediately notify the City of any change in insurance coverage • Page 1 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc. • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate'or certificates of such insurance approved by the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider'sobligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $25,335.05 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 perfomuing 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. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. . 2. CITY'S OBLIGATIONS 2.1 City shall request individual written bids for each job and pay the Provider the amount bid as full compensation when the job has been satisfactorily completed. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$5,000 (this is maximum, not to exceed amount of ENTIRE Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. • Page 2 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,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 from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. • 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. • 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 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 arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, 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 from, 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 responsiblefor damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction 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 Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the • Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. • 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 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc. Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Deliyered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" * The Provider's complete written Rate Sheet/Bid dated 7/6/23. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In theevent of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. • 5. REMEDIES • 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 in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an 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 terminationofthis Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (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 and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, 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 notice if 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 at law or equity. 7. NOTICE • Page 4 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc. • by mailing using registered or certified United States mail, return receipt requested, postage.prepaid, to•the address set forth below: If to the City: • V V City of Ashland Facilities Maintenance Department Attn: David Arnold 20 E. Main Street • Ashland,Oregon 97520 V • Phone: (541)'552-2292 • . With a copy to: V .. . _ City of Ashland—Legal Department 20 E.Main Street. Ashland, OR 97520 Phone: (541)488-5350 • If to Provider.: V " Pathway Enterprises,-Inc. V • 1600 Skypark Drive#101 Medford, OR 97504 V Attn: Richard Simpson • 541-601-4550 8. WAIVER OF BREACH • One or more waivers or failures to object by either,party'to 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 V 9.1 Provider represents and warrants to the,City that: 9.1.1 Provider shall, throughout the term of this Agreement, includingany extensions hereof, comply with: 0) All tax laws 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 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. 9.1.2 Provider, 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 mot limited to DRS'305.620 and ORS chapters 316,317, and 318; . V (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. V 9.2 Provider's failure to comply with the tax lawsof the State of Oregon.and all applicable t'ax.laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of Page;5 of 6: Goods,and Services Agreement between:the City of Ashland and.Pathway Enterprises,Inc. • this Agreement. Any material breach of this Agreement shall'entitle the City to terminate. this Agreement and to seek damages and any other relief available under this Agreement,atlaw,or inequity. IN WITNESS WHEREOF the parties'have.caused'this Agreement to be signed in their respective names. ' by theirduly authorized'representatives as.of the dates set forth below. CITY OF ASHLAND Pathway Enterprises- ~ROVIIDER): BytBy: '4•re j( Scar' ki �y d'm Simpson Printed'Name. , 'Printed Name PoSu c cd mscitt CSA Hitch- birtcitfr Title ' Title -7. ZS. Date Date (W: isto:be submitted with this signed.Agreement), 7© Purchase'Order No. • • • 1 Page:6 of 6: Goods and Services Agreement between the City of Ashlandrand Pathway Enterprises,Inc.. • • sSAi athwayoinniuliic:ilion TeamworkProfessionalism Opportunity Office: 541973-2728 Fax: 541 973-2729 Enterprises, Inc: � � t Property Service License#40205 CCB License#218417 • July 6, 2023 Wes Hoadley • Maintenance and Safety Supervisor • City of Ashland • 90 N. Mountain Ave: • Ashland, OR 97520 DearMr. Hoadly, In response to your request for additional rates, here are the following rates for the 2023-2024 fiscal year. Janitorial Rate Additional Hour $33.90 Additional Emergency/Overtime Hour $50.85 - Painter Rate Additional Hour $52.39 • Additional Emergency/Overtime Hour $78.58 These prices are firm for this fiscal contract year. • Sincerely, I Devon Simpson • • Contract Specialist Pathway Enterprises, Inc • • . 1600 Sky Park Drive Suite No.101 Medford,OR 97504 avww.patl»vny-luc.org info@pathway-inc.org • • • r'Th . C '12 ? ' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2023 Y) y ,,.•' , r, 07/19/2023 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 OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER • ••- NAME OT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE FAX HOME OFFICE: P.O.BOX 328 (ARC,No,Ext):888-333-4949 (ASC,No):507-446-4664 OWATONNA,MN 55060ADDREss:CLIENTCONTACTCENTER@FEDINS.COM . , • INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 172-967-2 INSURER B:FEDERATED RESERVE INSURANCE COMPANY 16024 HUKILLS,INC. INSURER C: 3650 CRATER LAKE AVE • MEDFORD,OR 97504-9259 , INSURER D: • 1 • INSURER E: • INSURER F: ' COVERAGES CERTIFICATE NUMBER:85 REVISION NUMBER:3 . 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. INTR TYPE OF INSURANCE ANSRL S1,UBp POLICY NUMBER (MM+DID+YYVFVFYI IMM/DD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY • EACH OCCURRENCE $1,000,000 CLAIMS-MADE n OCCUR _ . • - DAMAGE TO RENTED PREMISES $100,000 (Ea occurrence) MED EXP(Any one person) . EXCLUDED A Y N 9816391 04/01/2023 , 04/01/2024 PERSONAL&ADV INJURY $1,000,000 GEN_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO- JECT LOC PRODUCTS&COMPIOP AGG $2,000,000 OTHER: • AUTOMOBILE LIABILITY COMBIf�ED SINGLE LIMIT $1,000,000 (Ee aeeldenT) — X ANY AUTO BODILY INJURY(Per Person) ' A OWNEDAUTOS ONLY SSUTEDULED Y ' N 9816391 04/01/2023 04/01/2024 BODILY INJURY(Per Accident) HIRED AUTOS ONLY _,AUTOSNON-OWNEDONLY v PROPERTY DAMAGE (Per Accident) — • X UMBRELLA LIAR X OCCUR • EACH OCCURRENCE $2,000,000 A EXCESS LAB CLAIMS-MADE N N 9816395 04/01/2023 ' 04/01/2024 AGGREGATE . • $2,000,000 DED I RETENTION WORKERS COMPENSATION X PER STATUTE OTHER ' AND EMPLOYERS'LIABILITY YIN - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $500,000 B OFFICER/MEMBER EXCLUDED? -N/A N 1835186 04/01/2023 04/01/2024 (Mandatory in NH) - E.L DISEASE EA EMPLOYEE $500,000 I1 yes,describe under ; s " DESCRIPTION OF OPERATIONS below • E.L DISEASE•POLICY UMIT $500,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD 101,Additional Remarks'Schedule,may be attached if mare space Is required) • THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT I, ENDORSEMENT FOR BUSINESS AUTO LIABILITY. • • CERTIFICATE HOLDER CANCELLATION 172-967-2 • 85 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF ASHLAND 20 E MAIN ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN � ASHLAND,OR 97520-1814 • ACCORDANCE WITH THE POLICY PROVISIONS. I AUTHORIZED REPRESENTATIVE /0 e �7� � 6,ULL . . .. , . , . . . ., . . • . ,, © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • ;THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for"bodily injury" and "property damage" liability is amended to include: , Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto"with your permission.However,this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not:apply if the covered "auto" is a "trailer"connected to a covered"auto"you own. (2) Your "employee" if the covered "auto" is owned by that "employee':or a member of his or her household. • (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". • (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. - C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by.this'policy. D. Additional exclusions. The insurance' afforded to any person or organization as an insured under this endorsement does not apply: . • 1. To "loss"which occurs prior to the date of your contract with such person or organization; , 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the.lessor or his, or her agent takes possession of the leased or rented "auto"or the policy period ends, whichever occurs first. • Includes copyrighted material of Insurance Services Office, Inc. with its permission. . CA-F-127 (03-03) Policy Number: 9816391 Transaction Effective Date:04/01/2023