HomeMy WebLinkAbout2022-128 PO 20220296- Dwyer, Andrew T Purchase Order
CI TY R(L.CORDEP
• Fiscal Year 2022 Page: 1 of: 1
1 i!vi �i 5'I Li'J1 1 1`17�1�n� '9E'iTy Mk
B, City of Ashland
L ATTN: Accounts Payable Purchase
L 20 E. Main • 20220296
Ashland, OR 97520 Order#
T Phone: 541/552,2010
0 Email: payable@ashland.or.us
V H C/O Fire and Rescue Department
EWDYER,ANDREW T I 455 Siskiyou Blvd
1361 QUINCY ST 15H p Ashland, OR 97520
ASHLAND, OR 97520 Phone: 541/482-2770
R T Fax: 541/488-5318
Chris Chambers
�F�i- e ?4-1.IT 17.-La= 91gk'v). le /ilei1RE7F ,_= _5(-1§�U'4>l.'�:l
03/28/2022 4986 FOB ASHLAND OR/NET30 Cit Accounts Pa able
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SOFEE Curriculum
1 Electronic educational webinar presentation for the SOFEE, 1.0 $4,000.00 $4,000.00
curriculum and education curriculum edits.
Personal Services Agreement(Less than $35,000)
Completion date: 06/30/2022
Project Account: E-G00017-400
GL SUMMARY
072900-604106 $4,000.00.
r _
By: � Date: 5
Authorize. ignature -- $4 000.00
FOIA #3 Q t�0 � ‘1ITY OF
LAND.
AtitPont ov ,1 H :p rt!'" i)kiraJ
CGr/ e-t-'(
REQUISITION d7�e
eof'�uest;
03/15/2022
Vendor Name Andrew(Andy)
Address,City,State,Zip 4330 SE Division Apt.103 Portland,OR 97206
Contact Name Andy Dwyer '
Telephone Number (971)713-1323 •
Small address andytdwyert?a,gmail,com
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ gmermency
❑ Reason for exemption: 0 invitation to Bid (Copies on file) 0 Form#13,Written findings and Authorization
O AMC 2.50 Dale approved by Council: 0 Written quote or proposal attached
❑ Written quote or proposal attached ._Attach copy of council communication) .__(If council approval required,attach copy of CC)
(
Less than$5,000 0 Request for Proposal (Copies on file) 0 State of Oregon
O Direct Award Date approved by Council: Contract#
❑ VerballWritten quote(s)or proposal(s) —(Attach copy of council communication) '❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract#
GOODS&SERVICES ' 0 Applicable Form(#5,6,7 or 8) 0 Other government agency contract
$5,000 to$100,000 0 Written quote or proposal attached Agency
❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract#
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to$75,000 D Form#9,Request for Approval 0 Agency
❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached Date original contract approved byytCCouncil:
❑ (3)Written proposals/written solicitation Date approved by Council:
❑ Form#4, Personal Services$5K to$75K Valid until: (Date) ^(Attach copy of council communication)
Description of SERVICES Total Cost
Electronic educational webinarresentation for the SOFEE curriculum and education curriculum
P
edits. .
$4,000:00;: ,.; :' `.'::`''.:: :: .. :
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
::TOTAL COST `:;
❑ P ache(quote/proposal
Project Number, o o_o z.a o o Acc unt Number o z z s o a.e o e 1 o e $_,_ _ _,__ : ..
Project cunt Number $_ .. _ _ _ ___,.____
Project Nu _ Account Number $_,_ _ _,_ _ _ _
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
iT Director In collaboration with department to approve all hardware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. •
Empioyoe ,G �,� '"`"�"`' Department Head: (Equal to or greater than$5,000)
r
Department Manager/Supervisor: City Administrator:
(Equal to or greater than$25,000)
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Funds appropriated for current ffiscal year: YES /NO
Deputy Finance Director-(Equal to or greaterlhan$5,000) Date
, Comments:
Form 113-Requisition
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PERSONAL SERVICES AGREEMENT(LESS THAN$35,000)
„CONSULTANT: Andrew Dwyer
• 'ADDRESS; 4330 SE Division Apt. .crTxQ
•
ASHLAND Portland, OR 97206
•.
20 East Main Street TELEPHONE: (971) 7134323
• Ashland,Oregon.97520
Telephone:541/552-2218 EMAIL: anidytdwyex@gmaiLcom
•
: Y
This Personal.Services Agreeineiit(hereinafter"Agreement")is entered into"by and between the City
of Ashland, an Oregon municipal corporation (hereinafter "City") and Andrew Dwyer, a domestic professional
corporation ("hereinafter"Consultant"),for(teacher training and curriculum review),
NOW THEREFORE,in consideration of the mutual covenants.eontained herein,the City and •
Consultant hereby agree as follows:
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Y, Effective bate 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
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complete and Consultant's acceptance of the City's final payment therefore,but not later than 6/30/2022.
2, Scope of Work: Consultant will provide(at least two online teacher trainings and integrate edits and
review for high/middle school and elementary fire ecology curriculum.) as more fully set forth in the
Consultant's Proposal dated 1/19/2Q22,which is attached hereto as"Exhibit A"and incorporated herein
by this reference, Consultant's services are collectively referrer to herein as the"Work."
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3, Supp•rting.DocunneInts/Exhibits, Conflicting Provisions: This Agreement and any exhibits or-other
supporting dociiments shall be construed to be mutually complementary and supplementary wherever
possible. In the event of a conflict which cannot be so resolved,the,provisions of this Agreement itself
shall control over any conflicting provisions in any of the exhibits or supporting documents.
4. All Costs Borne by Consultant: Consultant shall,at its own risk,perform the Work described above • •
and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required
for the proper performance of such Work, •
5, . Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the service to which they will be assigned in a skilled and worker-like manner and,if required to he
registered, licensed or bonded by the State of Oregon,are so registered,licensed and bonded',
6, Compensation: City shall pay Consultant the sum of$4000.00 (four-thousand dollars) as full
compensation for Consultant's•performance of all Work under this Agreement, in no event shall
Page I of 6; PERSONAL SERVICES AGREEMENT BETWEEN Tim CITY OF ASHLAND AND ANDREW DW i'ER,
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Consultant's total of all compensation and reimbursement under this Agreement exceed the suns of
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$4000.00 (four thousand dollars)without the express,vrritten approval from the City official whose
signature appears below, or such official's successor in.office. Payments shall be made within thirty
(30)days of the date of receipt by the City of Consultant's invoice,. Should this Agreement be
terminated prior to completion of all Work,payments will be made for any phase of the Work completed
and accepted as of the date of termination.
7. Ownership of Work/Documents:. All Work, work product,or other documents produced in
• furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or
any other protected intellectual properly right shall vest in and is hereby assigned to the City,
8, Statutory Requirements: The following laws of the State of Oregon areihereby incorporated by
reference into this Agreement: ORS 27913.220;279B,230,and 27913.235.
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.9. Living Wage Requirements: If the amount of this Agreement is$22,310,46 or nwie, 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 Agreenm'ent and to any
Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also
• required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen
by all employees..
10. Indemnification: Consultant hereby agrees to defend,indemnify,save, and hold City,its Officers,
employees, and agents harmless from any and all losses, claims, actions,costs,expenses,judgments, or
other damages resulting from injury to any person.(including injury resulting in death),or damage
(including loss or destruction)to property,of whatsoever nature arising out of or incident to the
performance of this Agreement by Consultant(including but not limited to, Consultant's employees,
agents,and others designated by Consultant to perform Work or services attendant to this Agreement),
However, Consultant,shall not be held responsible for any losses, expenses, actions,costs, or other
. damages, caused solely by the;gross negligence of City. ,
11. Termination: •
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent.of both
parties.
b, . City's Convenience. This Agreement may be terminated by City at any time upon not less than
thirty (30)days'prior written notice delivered by certified mail or in person, •
• a. 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:
1. If City funling 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
Pito 2 of 6: PERSONAL SERVICES.AGREEMENT BETWEEN THE CITY OP ASHLAND AN))ANDREW DW'YER,
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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. Tithe 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'of under this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the ,
City for any purpose. .
• 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work '•
without the written consent of City, Any attempted assignment or subcontract without written consent
of City shall be void,
14. Default. The•Consultant shall be in default of this Agreement if Consultant commits any material
breach or default of any covenant,warranty,certification,or obligation under the Agreement;institutes
an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified
in its obligations under the Agreement;or attempts to assign rights,in, or delegate duties under,this •
Agreement. .
15. Insurance. •Consultant shall,at its own expense, maintain the following insurance:
a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in
compliance with ORS 656,017, which requires subject employers to provide Oregon Workers'
Compensation coverage for its subject workers,unless such employers are exempt under ORS
(656.126. If exempt under ORS 656,126,Consultant shall certify such exemption to the City.
b, Professional Liability insurance with a combined single limit,or the equivalent,of not less than
&230005000-(twe-miltien-del4i-s)per occurrence This is to cover any damages caused by error,
omission or negligent acts related to the Work to be pvided under this Agreement. Inst ranee
waived per City Manager. Signature, . 4• '. et %� Date ..3// s'C. Z
o., General Liability insurance with a cal ibined s' delimit,or the equivalent, of not le�.s than.
. • $2;0085009-(tw$4-Billienliellar-s)per occurrence for Bodily Injury,Death,and Property Damage,
Page 3 of 6; PERSONAL SERVICES AGREEMENT BETWEEN THE crrY OF ASHLAND AND ANDREW DWYER.
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Insurance waived per City Manager, Signature / •.e J/ I .,,y,
Date fl
d. Automobile, •.iab lity insurance with a combined single limit, or the equivalent, of notethan.
q less tlia�.
$000O89-(ene million-dellars)for each accident for Bodily Injury and Property Damage,including
coverage for owned,hired or non-owned vehicles,as applicable,All work will be performed
remotely and snit require drivinx insuranc waived per..City Manager,
Signature r. )-v-e. 0-flett4 Date :),.//g
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 electet 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 noncontributory.As evidence of the insurance coverages requited by this Agreement,
the Consultant shall furnish acceptable insurance certificates and endorsements prior to commencing
the Work under this Agreement.
16, Nondiscrimination; Consultant agrees that no person shall, on the grounds of race, color,religion,
• creed,sex,marital status,familial status or domestic partnership,national origin, age,mental or physical.
disability,sexual orientation, gender identity or source of income,suffer discrimination in the
performance of any Work under this Agreement when employed by Consultant. Consultant agrees to
comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,•rules
and regulations, Further, Consultant agrees not to discriminate against a disadvantaged business
_ enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran
owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as
required by ORS 279A.110.
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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 ' 1
• 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;
Pago 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ANDREW DWYER.
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(ii) Any tax provisions imposed by a iiolitical subdivision of the State of Oregon applicable
to Consultant; and
•(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or.provisions.
18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance
with the laws of the State of Oregon without regard t6 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 eourtfor the district of Oregon, Each party expressly waives any and all rights to
maintain an action under this Agreement in any other venue.
19. Notice, Whenever notice is required or permitted to be given under this Agreement, such notice shall be
given in writing to the other party by personal delivery,by sending via a reputable commercial overnight
courier,by mailing using registered or certified United States mail,return receipt requested,postage
prepaid,or by electronically confirmed at the address or facsimile number set forth below:
If to the City:
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Ashland Fire&Rescue •
Attn: Sara Jones
455 Siskiyou Blvd
Ashland, Oregon 97520
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With a copy to: I
City of Ashland-Legal Department •
20 East Main Street
Aslilang,Oregon 97520 .
If to Consultant:
.Andrew Dwyer •
4330 SE Division Apt. 103
Portland, OR 97206 ,: )
20. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement. _
21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE •
UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS;OR REPRESENTATIONS,EITHER ORAL OR WRITTEN,NOT SPECIFIED
HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS
AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ
THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
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Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY 01?ASHLAND AND ANDREW DWYER.
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22. Certifiention. Conteu)lantsball otocuto tho codification attacked hccoto as C"acid linewtpthrittettl
born by fhb rekienco.
IVIN141003:9 Wit.E.EMO.F Hu)padics havc,causal this Agtoon]ent ta Ix signal in their vcjccOjvc names
by their duty anthafizod eopresoatatives as ottho datcs sot foiltio
t),F ASkil,AND: Andrew Divy,pkCONSI3LTAITO:
/
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Signattsge • listriatsms
Ninted Nu= Prided Nall
Title 111103 •
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Ott'itz No. .Ttr.,, is to be sabgnitted with this siztto.d Agaeoment) •
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trig ot PEIVICINAU.81,411VICEPO moaumear L4STVIBEN ME CITY OP ASIMAIW MID ANDREW 1101alit. • i
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EXHIBIT B .
CITY OF ASHLAND, OREGON
•
City' ofAshlánd
LIVING
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ALL employers described WAG E
below must comply with City
of Ashland laws regulating
payment of a living wane.
$15.96 per hour, effective June 301,2021.•
. • The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.•
Employees must be paid a , portion of business of their 401K and IRS eligible
employer,If the employer has • cafeteria plans(Including
living wage: ten or more employees,and childcare)benefits to the
• has•recelved financial' amount of wages received by
➢ For all hours worked under a assistance for the project or the employee, �l
business from the City of :+
service contract between their . Ashland in excess of ➢ Note: For temporary and
. employer and the City of $22,310.46. part-time employees,the
Ashland if the contract Living Wage does not apply
exceeds$22,310A6 or more, > If their employer is the City of to the first 1040 hours worked
Ashland,Including the Parks in any calendar year. For
> For all hours worked In a . and Recreation Department; more details,please see
month if the employee spends . ' Ashland Municipal Code
50%or more of the ➢ In calculating the living wage, Section 3,12.020.
employee's time In that month employers may add the value
working on a.project or of health care,retirement,
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For-additional information: .• . • • . .
Cali the Ashland City AdminIstrators office at 541-488-6002 or write to the City Administrator,
City Nall,20 East Main Street,Ashland, OR 97520, or visit the City's website at:www.ashland.or,us,
lNofice to Employers:This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY O lF
-ASHLAND
Pngo 1 of I; EXHIBIT 11 �•
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Contract of Services Proposal, Phase Two
Andy Dwyer, Education Coordinator
' Supervisor:Sara Jones, Community Engagement Coordinator
Organization;Ashland Forest Resiliency Project
Date: 1/19/2022
Objectives:
• Provide online training for educators for the Southern Oregon Fire Ecology Education
(SOFEE) curriculum
• SOFEE coordination with curriculum developers,formal teachers, and outdoor school=
providers
Phase Three Deliverables;
1, Completion of at least 2 teacher tralnings online or in-person
2, Provide education consultation and curriculum edits
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Timeframe and Cost
Duration;January 2022—June 30th 2022
Cost of contracted service;$4,000,00 over 6-month period billed at$50 per hour.
Andy Dwyer
AFR Education Coordinator
dwvera@sou.edu
(971)713-1323
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1361 Quincy St.
Ashland,OR 97520 •
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Phase Three Summary;
During my work with the City of Ashland and partners Southern Oregon Educational Services
District and Lomakatsi Restoration Project I compiled in google docs a place-based fire ecology
curriculum for the education consortium SOFEE. As an extension of the previous•contracted
services, I will provide at least two online education courses for teachers,and Integrate the
remaining curriculum edits and the evaluation feedback from educators,
•