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2023-171 PO 20240147- Evan Brooks Associates Inc
I Purchase Order ' /a CITY RECORDERFiscah.Year 2024 . : Page. 1 of2 ` =7-gryf - 3cla4 31( F_1Xjj" V• i \ lt-fA Z- I� 1j � grB City of Ashland � I ATTN: Accounts Payable L 20 E. Main Purchase . 20240147 Ashland, OR 97520 Order T Phone: 541/552-2010 O Email: payable@ashland.or.us • V H C/O Public Works Department 5 EEVAN BROOKS ASSOCIATES, INC 1 51 Winburn Way' N 750 E GREENT ST., 301 p Ashland, OR 97520 O PASADENA, CA 91101 . Phone: 541/488-5347, R T Fax: 541/488-6006 `a-,1• d6,,-a .iiiali :-,1 JE{ iaEie�. }V_.E a i _. )(i 1 -19x1 T -a.L. _— — 11 �7 _7 1'T , -i i.,... _3.T+ _ Scott Fleur v _ 1:1�� Tcff4�{.$a--� is a-Et=1 aI 1 -7:`a�s /-/-c_= r 3�' 3 9 a °_. .3.L.� _._,-,._1:24:__ - _ 1j_ -i .1� ta- ( a /10/16/2023 '8088 - } t ] 'FOB ASHLAND OR/NET3'0 j ';,, Cit_ Accounts sPPa[��yf{(a .M---_4-E --, _ bg�l�e_ k-- 4 , __ �� 6_=T_ 'a 3_ IE1-- - �� ..�'_ t 3 t--'.1�j 4 r. __ Ici -atid:l:iiil.4 L Grant Research 1 Grant Research and Advisory Services 1..0 $150,000.00 $150,000.00 Personal Services Agreement(Greater than $35,000.00) Completion date: June 30, 202 Project Account: Project Account , . _ . Project Account: , Project Account: . Project Account: • Project Account - Project Account: • ' . Project Account: Project Account: . - Project Account: Project Account: Project Account: , Project Account: , '. Project Account: Project Account: _ 5 • GL SUMMARY 010600-604100 • $25,000.00 017200-604100 $5,555.56 : 017400-604100 $5,555.56 027500-604100. $5,55556 , 037900-604100 $5,55556 048000-604100' $5,55552 , • 060900-604160 '. $5,55556 . , . ; 070900-604100 . $5,55556 , 081200-604100 ' . ... $10,000.00 .. : ; , 081800-604100. $15,000:00 O 081900-604100 , • ` $15,000.00 ' 086100-604100 $10,000.00 . CONTINUED ON i. ; - NEXT PAGE I -JIF,�hF��x Purchase, Order 'ma Fiscal Year 2024 • Page: 2 of: 2 •'a,. ` � '�9 5 1'�'a k� s.�t�-�� �� . �.e� l5i LAS_ = City of Ashland T _ I ATTN: Accounts Payable20 E. Main Purchase Ashland, L Ashla d, OR 97520 Order# 20240147 T Phone: 541/552-2010 . O Email: payable@ashland.or.us VH C/O Public Works Department • E EVAN BROOKS ASSOCIATES, INC I 51 Winburn Way N 750 E GREENT ST., 301 ' .. p Ashland, OR 97520 PASADENA, CA 91101 . Phone: 541/488-5347 O T Fax: 541/488-6006 ' R O • $t16 I r um��€ Scott Fleur -jet _ R.:- 10/16/2023 8088 FOB ASHLAND OR/NET30 - Ci Accounts Pa able. • 092700-604100 $5,555.56 . 111800-604100 . $25,000.00 120924-604100 ' , $5 555.56 • • „4 • • • • r I -Lr $ a -tee By: �I 1 ! t Date: � � y Aut orized Signatu -1 150 000.00 s. ?13?:?... • r I , Vi . FORM #3 i 0 CITY OF A request f®r a Purchase Orderitz ASH LAN D REQUISITIONit‘). 6 Date of request: 10/04/2023 Vendor Name Evan Brooks Associates, Inc. ,� -� r'i _.�`-="-` Address,City,State,Zip 750 E.Green Street Suite 301 - 1 � ,,!! Contact Name Daniel Bartelson - �_ ._, ',,strSit Telephone Number 626-799-8011rvt Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Invitation to Bid ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Intermediate Procurement Date approved by Council: 10/3/2023 Contract# GOODS&SERVICES (Attach copy of council communication) 0 Other government agency contract Greater than$5,000 and less than$100,000 0 Sole Source Agency ❑ (3)Written quotes and solicitation attached 0 Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES 0 Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 0 Form#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,0000 Annual cost to City does not exceed$25,000. ❑ Special Procurement 0(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&<$75K 0 Form#9,Request for Approval City Administrator.AMC 2.50,070(4) 0 Written quote or proposal attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost grant research and advisory services , •..$ 150,000.00 ' Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ili Per attached quote/proposal / TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures ac rately. G�1 f4 to l Project Number _ - Account Numb Project Number _ _ _ Account Number _ _ .70'I $ , , Project Number -_ - Account Number _ _ / '- IT Director in collaboration with department to approve all hardware and softwa purchases: By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No Employee: Department Hea• INWIN6 50. 4 -23 � ►;'I,,, •• to or gre t r thag,Sy5,000) Department Manager/Supervisor: City Administrator: )'7 I 0---1-t -7/f (Equal to or greaterQtha $25,000) Funds appropriated for current fiscal year . / NO Q,0 IL` u-- , /� , Finance Dirctor- Equal or ater than$5,000) Date Comments: � I��� Form#3-Requisition Kariann Olson From: Scott Fleury Sent: Thursday,October 12,2023 9:58 AM To: Tami Campos;Kariann Olson Subject: RE:Request for account number Karian, This PO will have a bunch of different codes for the different funds so they can access as needed;see below. Electric: $25,000 for each c•ze. below. Code: 111800.604100 Code 010600.604100 >/ Public Works$50,000 total across the following codes: Water Distribution: $15,000t, Code: 081800.604100 Water Treatment: $15,000 Code: 081900.604100 ✓ Wastewater Treatment:$10,00 Code: 086100.604100 Transportation:$10,000 Code: 081200.604100 All of the General Fund codes and breakdowns are here from Mariane. City Manager x017200.604100 4/V 5,555.56 4% Human Resources "017400.604100 y 5,555.56 4% Finance 037900.604100 V 5,555.56 4% Police 060900.6041601 5,555.55 4% Fire x070900.604100 V 5,555.56 4% IT 027500.604100 ✓ 5,555.56 4% Parks 120924.604100 I,/ 5,555.56 4% Community Oev092700.604100 5,555.56 4% Legal/Recorder/Courts 043000.604100 5,555.56 4% Thanks, Scott A. Fleury, P.E. Public Works Director City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2412, TTY 800-735-2900 Fax: (541) 488-6006 1 1 1. This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2412. Thank you. From:Tami Campos<tami.campos@ashland.or.us> Sent: Monday,October 09, 2023 1:11 PM To: Kariann Olson<kari.olson@ashland.or.us>; Scott Fleury<scott.fleury@ashland.or.us> Subject: RE: Request for account number Oh yes, sorry about that Kari.Scott was waiting to touch base with Mariane. Did you figure this out yet Scott? Tami DeMille-Campos,Administrative Analyst ;,r IP" c@ J'o e City of Ashland Public Works 20 East Main Street,Ashland, Oregon 97520 ,. 541-552-2420 I TTY 800.735.2900 Tami.campos anashland.or.us Online ashland.or.us I Social media Facebook @CityOfAshlandOregon I Twitter @CityofAshland This email transmission is official business of the City of Ashland,and itis subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541-552-2420. From: Kariann Olson <kari.olson@ashland.or.us> Sent: Monday,October 9, 2023 1:08 PM • To:Scott Fleury<scott.fleury@ashland.or.us>;Tami Campos<tami.campos@ashland.or.us> Cc: Kariann Olson <kari.olson@ashland.or.us> Subject: Request for account number Hello, Issuing PO as requested to Evan Brooks Associates for grant research. There are no a/c#'s on the requisition. What is the account number(s)? Please advise. Thank you. Kariann Kariann (Kari) Olson,Purchasing Specialist 2 Kariann Olson , From: Tami Campos Sent: Monday,October 09,2023 1:11 PM To: s Kariann Olson;Scott Fleury Subject: RE:Request for account number Oh yes,sorry about that Kari.Scott was waiting to touch base with Mariane. Did you figure this out yet Scott? Tami DeMille-Campos,Administrative Analyst City of Ashland Public Works 20 East Main Street,Ashland,Oregon 97520 541-552-2420 I TTY 800.735.2900 Tami.camposna ashland.or.us Online ashland.or.us I Social media Facebook @CityOfAshlandOregon I Twitter @CityofAshland. • Thig email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541-552-2420. - From: Kariann Olson<kari.olson@ashland.or.us>. Sent: Monday, October 9, 2023 1:08 PM To:Scott Fleury<scott.fleury@ashland.or.us>;Tami Campos<tami.campos@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: Request for account number • , Hello, Issuing PO as requested to Evan Brooks Associates for grant research. There are no a/c#'s on the requisition. What is the account number(s)? • Please advise. Thank you. Kariann Kariann(Kari)Olson,Purchasing Specialist • 1 1 3.. 6eiteY f a izeh, City of Ashland. Purchasing Office • 90 North Mountain Avenue,Ashland, Oregon 97520 541.488.5354 I 'TTY 800.735.2900 Kari.olson@ashland.or.us , This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541.488.5354.. • • • N Kariann Olson From: Heather Rodriguez. Sent: Monday,October 09,2023 12:34 PM To: Kariann Olson Subject: FW:More New Vendors Attachments: 2023 W-9.pdf;W9 Evan Brooks.pdf See below vendors ready for use. Heather Rodriguez,Accounts Payable • 1 , City of Ashland Finance Department, 20 E Main St,Ashland,Oregon 97520 (541)552-2010 I TTY 800.735.2900 Heather.Rodriguez@ashland.or.us • Online ashland.or.us;social media(Facebook @CityOfAshlandOregon I Twitter @CityofAshland) V ' 'This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at(541)552-2010.. • From:Jesse Smith<jesse.smith@ashland.or.us> Sent:Thursday,October 05, 2023 3:53 PM To: Bryn Morrison<bryn.morrison@ashland.or.us> , • Cc: Heather Rodriguez<heather.rodriguez@ashland.or.us> Subject: FW: More New Vendors 4x Coming in for approval.All look ok. Thank you! From: Heather Rodriguez<heather.rodriguezPashland.or.us> ,V Sent:Thursday, October 5, 2023 2:35 PM To:Jesse Smith<jesse.smithPashland.or.us> V Subject: More New Vendors The following new vendor(s) are now reeaad�for review. W9 is attached and entered into TCM.- endar-808 —,Fr-e miter-Pry_ .1 I V Vendor 8088—Evan Brooks Associate In . " 1 l 4 1 Please let me know if you have any questions. • Heather Rodriguez,Accounts Payable aettek T 0 City of Ashland Finance Department 20 E Main St,Ashland,Oregon 97520 (541)552-2010 I TTY 800.735.2900 Heather.Rodriguez@ashland.or.us Online ashland_or us;social media(Facebook @CityOfAshlandOregon I Twitter @CityofAshland) This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at(541)552-2010.. • 2 FillsCouncilBusiness Meeting October 3, 2023 A endawltem Grant Support Services-Award of Professional Services Contract FtWititWt7', ,�`x'11 Scott FleurPE Public Works Director = i .h Yaeg'�' '' 3Yi'S-i. Con,tact�> h Scott.fleuryna ashland.or.us Requested by Council 0 Update ❑ Request for Direction 0 Item TfiYP* Presentation 0 SUMMARY Before the Council is a request to approve a professional services contract for grant support services with Evan Brooks Associates Inc. in an amount of$150,000 for the 2023-2025 Biennium.Evan Brooks wasthe highest ranked proposer in a formal solicitation developed by the City for grant support services. POLICIES,PLANS&GOALS SUPPORTED VISION STATEMENTS for Success: • Ashland is a resilient, sustainable community that maintains the distinctive quality of place for which it is known • We will continue to be a unique and caring city that stresses environmental conservation, fosters - • artistic expression, and is open to new ideas and innovation • ' We will plan and direct our efforts to fulfill this Vision for the long term with a constant view toward being an open, welcoming community for all with a positive economic future VALUE STATEMENTS for Success that Support the Vision: COMMUNITY • Community affordability,including in available housing and childcare • Belonging through mutual respect and openness, inclusion and equity • Quality of life that underpins the City's economic vibrancy • Environmental resilience,including addressing climate change and ecosystem conservation • Regional cooperation,including in support for public safety and homelessness ORGANIZATION • Respect for the citizens we serve,for each other, and for the work we do • Excellence in governance and city services • Sustainability through creativity,affordability and rightsized service delivery • Public safety,including emergency preparedness for climate change risk • Quality infrastructure and facilities through timely maintenance and community investment . BACKGROUND AND ADDITIONAL INFORMATION ' Grants are an important revenue source for the City of Ashland.The City has obtained numerous grants over the years to support programs and projects and these grants have typically been part of the basic business operations for City Departments.With the previous passing of federal legislation called the Bipartisan Infrastructure Deal (Infrastructure Investment and Jobs Act),a whole new realm of grant Page 1 of 3 Via 8eUerp`fagtha FACouncil Business Meeting possibilities is available to the City.Research and review of these grant opportunities can add an additional burden to already limited staffing. In order to maximize limited staff resources and align projects/needs with potential grant opportunities it was determined the best immediate course of action would be to solicit for consultant services to support all City Departments in reviewing grant opportunities and assist if needed with theapplication process.Staff developed a formal solicitation for consultant services with this flexible service approach in mind, reference attachment#2. The project was formally solicited on the OregonBuys on May 30,2023 and responses were received on June 29,2023.Five (5) responses were provided for the'project.The proposals were graded by Rachel Dials,Parks and Recreation Deputy Director,Jason Strait,Engineering Project Manager,Sabrina Cotta, Deputy City Manager and Scott Fleury PE, Public Works Director. Total Scoring Results: CONSULTANT TOTAL SCORE RANK Evan Brooks 370 1 BKF 349 2 Reis 345 3 Eleventh House 325 . 4 PDG 262 5 After scoring was completed,all firms were notified of the City's intent to begin scope and fee negotiations with Evan Brooks Associates for the project.Through several discussion with EBA and leadership staff a final scope and fee was agreed upon.The scope and fee is part of the professional services contract, reference attachment#1. FISCAL IMPACTS • The proposed fee for the scope of work is $150,000 for the biennium.The $150,000 is broken across the Public Works Department ($50k),Electric Department ($50k) and the General Fund ($50k).The general fund amount covers Police, Fire,Parks,Administration and IT.This is a time and materials based contract structure and will be utilized by Departments as needed during the biennium. DISCUSSION QUESTIONS Does the Council have any questions about the solicitation process or scope of services? ACTIONS,OPTIONS&POTENTIAL MOTIONS ■ I move to approve a Legal Department approved professional services contract with Evan Brooks Associates Inc.for Grant Support Services in the amount of$150,000. • I move to take no action. SUGGESTED NEXT STEPS ' • Next steps include issuing notice to proceed after award of contract and having individual departments coordinate with Evan Brooks Associates on grant funding for projects/programs. • ossi • Page 2 of 3 rat adfra`fagethes ••��• Council Business Meeting REFERENCES&ATTACHMENTS Attachment#1: Professional Services Contract with Evan Brooks Associates Attachment#2: Request for Proposal • • • • • Page 3 of 3 l ' PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00) CONSULTANT: Evan Brooks'Associates, Inc. CITY OF CONSULTANT'S CONTACT: Daniel Bartelson/ .S H LAN D Melissa Sandoval 20 East Main Street Ashland,Oregon 97520 ADDRESS: 750 E. Green Street, Suite 301 Telephone: 541/488-5587 Pasadena, CA 91101 Fax: 541/488-6006 TELEPHONE: (626) 799-8011 This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City")and Evan Brooks Associates,Inc., (a foreign business corporation) ("hereinafter"Consultant"), for grant research and advisory services for the City of Ashland. NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30, 2025. 2. Scope of Work: Consultant will provide grant research and advisory services for the City of • Ashland as more fully set forth in the Consultant's Scope of Services dated 9/21/2023,which is attached hereto as"Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement as the"Work." 3. Compensation: City shall pay Consultant according to the consultant payment schedule in Exhibit A as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$150,000.00 (one hundred fifty thousand US dollars)without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary Page 1 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 5. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 6. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and, if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, or bonded. 7. Ownership of Work/Documents: All Work,work product, or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, costs,judgments, or other damages, caused solely by the gross negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. i. If City funding from federal, state,county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing,then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City,by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination.Further, upon termination, Consultant shall deliver to City all documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Page 3 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than$2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury, Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars)for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without thirty (30) days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement,the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. Page 4 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed, sex,marital status, familial status or domestic partnership,national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance with Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier, by mailing using registered or certified United States mail, return receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: Page 5 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. If to the City: City Department Attn: Scott Fleury 20 E.Main Street Ashland, Oregon 97520 Telephone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-5350 If to Consultant: Evan Brooks Associates, Inc. 750 E. Green Street, Suite 301 Pasadena, CA 91101 19. Governing Law. 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. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement withouepenalty or liability to City, effective upon • the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. Page 6 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. • THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: EVAN BR ri OKS ASSOCIATES,INC. (CONSUL 'ANT) By: By: /4r Joseph L. Lessard, City Managerr ignature lel (_/(23 :1 .. -tsugu Date Printed Name Owner-President Title Purchase Order No. 7",A fz'7 10/3/2023 Date (W-9,is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney 9.29.23 Date Page 7 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND EVAN BROOKS ASSOCIATES, INC. EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland lawns re:guIangl paymernt of a Curing wage_ S1 8°12 per howl,effective June 30,20023. The Livin0 Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a punka olfthe!nosiness of ofltealthcare,ret6nenaentt, living wage: &earemployer,if the MIK,and IRSeli}a�+le playerfnas ball or more cafes plass Qmadudng employees,and has received cir3dcanall bermes to Ike Far all bows worked sander a ffinaracial assistance for the employees mount of wages. Wilke contract t'nteentfieir p°o orbn e^.�sframtlne employer and the C tyaif City of Ashland over > Nie: Far Mummery and Ashl ofthe contract $25,335.05; pant-timeenmpdcyees,the Erring Wage doesnit +lyt exceeds$25'3M5 or ni re_ pgtli r em$$y er is the shy al to the fast MN h urs=eked "r For all hum irked is a Ashland,ib dig the Parks in air calendar year. For nmc the employand Recreation Depanment rmoreedetar7 /geese sae spends L Ormoreoftfhe Ashland Municipal l 3� r emplayee°siimeimltthatmo l l lawla gthelc Wog wage, Section _ lading ovmapaa poled employees am elthe value For additional information. Call the Ashland City Managefs office at 5t1-48 ,1002 or write to the City Manager, crty BHA,20 East it nn area,Ashland,OR 97520,or vlsit Ili e Citys website at uuww.asrhland_or us_ Notice to Employe.: This notice mo st be pas II•i!in EMS where it sem he seenby all'• leas. CI ■ OF ASHLAND Page 1 of 1: EXHIBIT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of perjury,certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID(or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i)it is exempt from backup withholding,or(ii) it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms,(c)the work under the Agreement shall be performed in accordance with the highest professional standards,and(d)Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it is an independent contractor as defined in the Agreement,it is authorized to do business in the State of Oregon,and Consultant has checked four or more of the following criteria/at apply to its business. (1)Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence,set aside as the location of 7the business. 1/ (2)Commercial advertising or business cards or a trade association membership are /' purchased for the business. [,/ (3)Telephone listing is used for the business separate from the personal residence listing. (4)Labor or services are performed only pursuant to written contracts. j_,..--"" (5)Labor or services are performed for two or more different persons within a period of one year. Z (6)Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties,errors and omission(professional liability)insurance or liability insurance relating to the Work or services to be provided. LP ,,,- /+9. 'signature 0/3/2023 Date Page 1 of l: EXHIIIIT C Exhibit A. Scope of Services Consultant shall research, advise, and perform grant administration for the City (collectively, the "Services"). The Services shall include, but not be limited to, the following major tasks described below. A. Task A: Grant Research, Strategic Counsel,Meetings, and General Advisory Services. Consultant shall provide services as follows: Task Al. Targeted Grant Research. Consultant shall provide targeted grant research on projects specifically identified by the City. Consultant shall specifically conduct research and provide advice in the following priority areas: (1) Police a. Crime Prevention and Community Safety b. Law Enforcement Technology Upgrades c. Training and Professional Development d. Drug and Alcohol Awareness Programs e. Diversity,Equity, and Inclusion (DEI)Initiatives f. Mental Health Response Teams g. Traffic Safety and Vehicle Equipment h. Emergency Response and Disaster Preparedness (ii) Fire a. Fire Prevention and Community Risk Reduction b. Fuels reduction and Wildland Urban Interface fuels reduction c. Training and Professional Development f. Mental Health for first responders g. Vehicle and Equipment replacement h. Emergency Response and Disaster Preparedness (iii) Parks and Recreation a. Park Development and Infrastructure b. Recreational Programming and Events c. Conservation and Natural Resources d. Wildlife Habitat Protection e. Playground Safety and Upgrades f. Cultural and Historical Programs g. Accessibility and Universal Design h. Green Space and Urban Forestry (iv) Public Works a. Public Works/Infrastructure Development and Maintenance b. Transportation/Highways/Transit c. Waste Management and Recycling Programs d. Water and Sewer System Upgrades e. Climate Change/Resiliency and Sustainability Planning f. Energy Efficiency and Renewable Energy g. Traffic Management and Smart Cities h. Pedestrian and Bicycle Infrastructure (v) Planning a. Land Use and Zoning Studies b. Housing and Housing Programs c. Urban Redevelopment and Revitalization d. Long-Range Community Planning e. Transportation and Mobility Planning f. Environmental Impact Assessments g. Smart Growth and Sustainable Development 1}. Economic Development and Business Incentives Task A2. Strategic Counsel,Meetings, and General Advisory Services. Consultant shall offer City general advice on matters involving funding mechanisms, grants research, identification, grant writing, and administration. Upon request from the City, Consultant shall meet with City staff to discuss City projects,potential grants, grant requirements, and other grant and funding-related matters that may help fund existing and proposed City projects. These strategic meetings will provide City staff an opportunity to ask Consultant questions, such as: • Does the City's project align with any existing or future grants? • Is the City's project competitive under the grant program? • What information does the City need to provide Consultant to prepare an application(e.g.,planning documents,preliminary engineering, construction plans, etc.)? • When can the City expect the award money? • What post-award activities are required? Additionally, for grants prepared by City staff, Consultant shall act as grant evaluators— reviewing and providing recommendations to improve grant applications prepared by the City. B. Task B: Grant Writing Services. Consultant shall perform grant writing as follows: At the direction of the City and/or upon a Task Order, Consultant shall provide, at no cost to the City, a Cost Proposal for grant writing services for specific grant opportunities. The Cost Proposal shall include a"not-to-exceed" cost estimate and a scope of work outlining the necessary steps to prepare and submit the grant application, such as: (i) Project development: Identify steps that will be taken to manage project development,project kick-off,project scope, schedule, budget for the grant application, and communication with City staff(including communication with the City). (ii) Data collection and review: Identify the tasks for data collection and review needed to support the grant application. (iii) Grant preparation: Identify tasks related to preparation of information required for grant application, including project descriptions and narratives; quantitative data; draft letters of support; and project scope, timeline, and budget description and tables, and maps or conceptual site/project plans. (iv) Review of draft: Provide a draft of the grant application for City review and approval. (v) Grant application finalization and submission: Consultant shall submit the application by the grant application due date and provide City with confirmation of the grant application's delivery, as well as a copy of the final application package in physical and digital format of the City's choosing. At no point shall the Consultant begin work on the grant application until the City has approved the Cost Proposal and the Consultant has confirmed receipt of approved Cost Proposal. Exhibit A-1: Consultant Hourly Rates Financial Arrangements 1. Time and Materials: Task A will be billed based on the hourly rates outlined in Table 1. 2. Lump Sum: For Task B services,the City will receive an individualized Cost Proposal for pre-approval. Charges will be as a lump sum. Table 1. Consultant Hourly Rates Personnel Hourly Rate President/Quality Assurance and Control $298 Project Manager $275 Assistant Project Manager/Project Engineer $254 Senior Grant Writer/Planner/Environmental Specialist $238 Associate Grant Writer/Planner/Engineer $178 Research/Funds Analyst $143 Graphics/Mapping $130 Administrative Support $113 A`a O® CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MMIDD/YYYI) 10/03/2023 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(les)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 CT Alex Eshraghi Bayshield Insurance Services PH N4 E,�): 408-840-4402 FAX No) : 408-484-1074 ADDRESS: alex@bayshieldins.com 19200 Von Karman Ave#400 INSURER(S)AFFORDING COVERAGE NAIC# Irvine CA 92612 INSURER A: ACE Property and Casualty Insurance Company 20699 INSURED INSURER B: Sequoia Insurance Company 19755 Evan Brooks Associates,Inc INSURER C: INSURER D: 750 E Green St Ste 301 INSURER E: Pasadena CA 91101 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE #'115D =in POLICY NUMBER IMMIDDNYYYI (MMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 4,000,000 DAMAGETO REN i ED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 A _ y y D96154483 05/24/2023 05/24/2024 PERSONAL 8 ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 X POLICY Tel, LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A AWNED SCHEDULED AUTOS ONLY _ AUTOS y D96154483 05/24/2023 05/24/2024 BODILY INJURY(Per accident) $ XHIRED 'N/ NON-OWNED PROPERTY bAMAGE $ AUTOS ONLY /1 AUTOS ONLY (Per accident) $ UMBRELLA LIAR — OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE H- ER AND EMPLOYERS'LIABILITY B OF CEOR/MEM ERPEXCLUDED?ECUTIVE YIN NIA y QWC1281570 05/24/2023 05/24/2024 EL EACH ACCIDENT $ 1,000,000 (Mandatory In NH) EL DISEASE-EIAEMPLOYEH $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS belowEL DISEASE-POLICY LIMIT $ 1,000,000 A Errors&Omissions D98403899 01/20/2023 01/20/2024 Single limit of Ins. $ 2,000,000 Aggregate Limit $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) • Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION City of Ashland, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street, THE EXPIRATION DATE THEREOF, THIRTY (30) DAYS' NOTICE OF Ashland OR 97520 CANCELATION WILL BE DELIVERED TO THE CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4gz7z-c'duarie; ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD D96154483 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - BLANKET COVERAGE INCLUDING PRIMARY I NON-CONTRIBUTORY AND WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) (Additional Insured): -- Location(s)of Covered Operations: City of Ashland is listed as Additional Insured All locations required by written contract or agreement. A. SECTION II —WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed;! B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "bodily injury" or"property damage"for which the additional insured(s)are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work "bodily injury" or"property damage" occurring after: 1. 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 2. 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. Negligence of Additional Insured "bodily injury"or"property damage" arising directly or indirectly out of the negligence of the additional insured(s). U156A-0313 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. 096154483 C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded by this Coverage Part for the additional insured required by a written contract or agreement with the named insured is primary insurance and we will not seek contribution from any other insurance available to that additional insured. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended and the following added: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156A-0313 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. Policy COMMERCIAL AUTO Number: D96154483 UGCA 35 99 01 07 Effective:05/24/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name Of Person Or Organization: City of Ashland is listed as Additional Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The inclusion of additional interest or interests will not operate to increase the limit of our liability. An additional premium of$ is fully earned at the time of issue. UGCA 35 99 01 07 ISO Copyrighted Material Included, Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 061 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Per written contract or agreement This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 05/24/2023 Policy No.QWC1281570 Endorsement No. WC 04 03 06 Insured Evan Brooks Associates,Inc Premium$ Insurance Company Sequoia Insurance Company Countersigned by D96154483 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION This endorsement modifies insurance provided under the following: OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph A. 2. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for one or more of the follow- ing reasons: (1) nonpayment of premium or failure to pay a premium when due; (2) conviction of an insured of a crime arising out of acts increasing the hazard insured against; (3) violation of any local fire, health, safety, building or construction regulation or ordinance which increases the hazard insured against under the policy; (4) any willful or reckless act or omission by an insured increasing the hazard insured against; (5) omission or concealment of fact relating to an insurance application, rating, claim or coverage under this policy; (6) failure or refusal of an insured to: (a) provide information necessary to confirm exposure or determine the policy premium; or (b) comply with underwriting requirements; (7) a substantial change in the risk covered by the policy; (8) loss of reinsurance or substantial decrease in reinsurance; (9) the cancellation is for all insureds under such policies for a given class of insureds; or (10) any reason determined by the insurance commissioner. b. 30 days before the effective date of cancellation if we cancel for any other reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U173AS-0708 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.