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HomeMy WebLinkAbout2025-008 PO 20250322 and AGRMT - XFS Global, LLCB City of Ashland L ATTN: Accounts Payable L 20 E. Main Ashland, OR 97520 T Phone:541/552-2010 O Email: payable -_ashland.or.us V E XFS GLOBAL, LLC N 70 DOUGLAS WAY D NATURAL BRIDGE STATION, VA 24579 O R 20250464 Purchase Order Fiscal Year 2025 Page: 1 of: 1 �� WR � IF , I Fiffilirri, Purchase Order # 20250322 S C/O Parks Department H Admin Office 1 340 South Pioneer P Ashland, OR 97520 Email: rocky. houstona-ashland. or. us T Phone: 541 /488-5340 O Fax: 541 /488-5314 03/11/2025 1 9171 1 03/29/2025 1 1 Parks Department Ice Rink Tent Structural Code Certification 1 Certified Engineer Drawing/Calculations - Oregon Fire and 1.0 EACH $10,500.00 Structural Specialty Code Project Account: E-000007-999 *************** GL SUMMARY *************** 120924 - 604130 $10,500.00 $10,500.00 By: Date: Authorized Signature $10,500.00 ,cIT V 01IF SHLAlea, N City Information City of Ashland Attn: Rocky Houston 20 E. Main St. Ashland, Oregon 97520 Personal Services Agreement Consultant Information Firm Name: XFS Global, LLC Contact: Address: Phone: (541) 488-5340 Phone: Email: rocky.houston@ashlandoregon.gov Email: Contract Summary Procurement Method: Completion Date: Small Procurement 03/29/2025 Derek Kehoe 70 Douglas Way Natural Bridge Station, VA 24579 540-276-8358 x101 d e re k. kehoe@xfactorsg.com Contract Amount: $ 10,500.00 Ten -thousand -five -hundred -dollars. Description of services: Ice Rink Tent Structural Code Certification Supporting Documents: Quote 030325-DK1 Dated: 3/4/25 Dated: Dated: Dated: This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant listed under Consultant Information above, ("hereinafter "Consultant"), for the services listed under Description of Services and Supporting Documents as noted in the Contract Summary above. In the event of conflict between provisions of the Supporting Documents, the Supporting Documents shall be given precedence in the order listed above. This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. The Consultant's initials herein signify acknowledgment and agreement to this provision, if applicable, or if not sign "N/A". Consultant's services are collectively referred to in this Agreement as the "Work." Page 1 of 8 Personal Services Agreement Between the City of Ashland and XFS Global, LLC 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 the Completion Date listed under the Contract Summary in the table one page one of this agreement. 1.1. Time is of the essence. 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. 2. Compensation: City shall pay Consultant the sum listed as the "Contract Amount" under the Contract Summary on page one of this document 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 Contract Amount without the express, written approval from the appropriate Department Head or City Manager. 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. 3. Consultant Obligations: 3.1. 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 Agreement. Consultant is a subject employer that will comply with ORS 656.017. 3.2. 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. 3.3. 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. Page 2 of 8 Personal Services Agreement Between the City of Ashland and XFS Global, LLC 3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work described in the Description of Services and in the Supporting Documents and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 3.5. Certification. Consultant agrees to and shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. 4. Insurance: Consultant shall, at its own expense, maintain the following insurance: 4.1. Worker's Compensation. 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. 4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that it is exempt from providing Workers' Compensation per ORS 656.027. Exemption criteria: Consultant initials if exempt: Date: 4.3. 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 damage caused by error, omission or negligent acts related to the Work to be provided under this Agreement. 4.4. 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. 4.5. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non -owned vehicles, as applicable. 4.6. 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. 4.7. 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 Page 3 of 8 Personal Services Agreement Between the City of Ashland and XFS Global, LLC 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. 5. Termination: 5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. 5.2. 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. 5.3. 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: • 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; or 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 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. 5.4. For Default or Breach. 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. 5.4.1. 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. Page 4 of 8 Personal Services Agreement Between the City of Ashland and XFS Global, LLC 5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections 5.1, 5.2, or 5.3 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 of whether such notice is given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 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. 5.6. The rights and remedies of City provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 6. 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. 7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the City that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS 305.620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions and any tax provisions imposed by a political subdivisions of the State of Oregon. 8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 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. 9. 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 addresses set forth on page one of this agreement with a copy to: Page 5 of Personal Services Agreement Between the City of Ashland and XFS Global, LLC City of Ashland — Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5350 10. General Provisions: 10.1. 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. 10.2. Non -appropriations 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 without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. 10.3. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 10.4. 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. 10.5. 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 Page 6 of Personal Services Agreement Between the City of Ashland and XFS Global, LLC 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. 11. Merger: 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. 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. Page 7 of 8 Personal Services Agreement Between the City of Ashland and XFS Global, LLC WITNESS WHEREOF, the parties have executed this Agreement in their respective names by their duly authorized representatives as of the dates indicated below. This Agreement may be executed in two counterparts, each of which shall be deemed an original, with equal force and effect as if executed in a single document. City of Ashland: XFS Global, LLC (Consultant) clky iston (P sir 5, 2025 V (���l1Et I's �¢�,) By. 03/05/2025 Date Purchase Order No. APPROVED AS TO FORM: City Attorney Date Signature Derek J. Kehoe Printed Name Director, Sales and Customer Experience Title 03/05/2025 Date (W--9 is to be submitted with this signed Agreement) Page 8 of 8 Personal Services Agreement Between the City of Ashland and XFS Global, LLC City of Ashland LIVING s described ➢ For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $26,429.65 or more. ➢ For all hours worked in a month, if the employee spends 50% or more of the employee's time in that month working on a project or per hour, effective June 30, 2024. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. portion of the business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland over $26,429.65; ➢ If their employer is the City of Ashland, including the Parks and Recreation Department. ➢ In calculating the living wage, employers may add the value of health care, retirement, 401 K, and IRS eligible cafeteria plans (including childcare) benefits to the employee's amount of wages. ➢ Note: For temporary and part-time employees, the Living Wage does not apply to the first 1040 hours worked in any calendar year. For more details, please see Ashland Municipal Code Section 3.12.020. Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. ,CITY OF Fxhihit 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 that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. Consultant's signature 03/05/2025 Date Page 1 of 1: Exhibit C Contact: Rocky Houston Customer: City of Ashland Address: 340 S. Pioneer Street City, St, Zip: Ashland, OR 97520 Phone: (541)488-5340 Cell: Email: rockv.houston(C)ashland.or.us (aX4FSQ 030325-DKl-City of Ashland-Com-Stamped Calculations Quotation - Commercial Shasta Shelter® Quote valid for 30 days Date: 03/04/2025 RFQ Due Date: 03/04/2025 Quote N: 030325-DKI Salesperson: Derek Kehoe Ph: (911 Email: derek.kehoe(d)xfactorsa.com Item if Part if Description Total Qty Total Price 1 Certified engineer Drawing/Calculations 2 Oregon Fire and Structural Specialty Code 10,500.00 1 $ 10,500.00 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Total: Parts $ 10,500.00 18 19 Past Project: 20 13-0138 21 22 23 Shipping 24 25 Freight cost is not included in this quote and will be determined prior to shipment. 26 Ship to: 27 Email Delivery 28 Country of Origin: USA ER RY Membrane: f h f'f'f' III..........„ I...... N/A 9�„ I I"� Delivery: ALL FABRIC LISTED IN THIS QUOTE IS BERRY AMENDMENT COMPLIANT1 Sub -Total $ 10,500.00 Sales Tax* Customer Responsibility Freight Estimate $ - Total Pricel $ 10,500.00 Ship: Terms: Factory, Natural Bridge Station, VA, USA 30-90 working days after signed purchase order and receipt of non-refundable deposit. XFS Global is in the industry in rapid deployment of shelter solutions. Any order that requires a First Article Test (FAT) may require up to ninety (90) working days additional lead time. 50% nonrefundable deposit due on acceptance of quote/sales agreement. Balance due prior to shipment. All shipping/freight costs due prior to shipment. "Orders not paid within seven calendar days of order being ready for shipment, according to terms with XFS Global, will incur a 1% storage fee per week or part thereof, which must be paid prior to shipment." Not Included: 1. Permits 2. Application Local, State, Federal Taxes or Duties 3. Footing design and installation 4. Other items as described in online "Sales Terms and Conditions" ALL SALES ARE SUBJECT TO ONLINE COPY OF "SALES TERMS AND CONDITIONS" WHICH IS INCORPORATED INTO AND MADE A PART OF THIS QUOTE Your signature below constitutes your agreement to be bound by the terms of the entire Sales Agreement, consisting of this Quote and the "Sales Agreement Terms and Conditions," subject only to the acceptance of the entire Sales Agreement by Seller in accordance with paragraph 2 of the "Sales Agreement Terms and Conditions' located online: https://www.xfactorst~.corn/ Purchaser: Seller: XFS Global XFS Global's Standard Shipping Policy is as follows: Customer pays all costs related to shipping and freight. Upon request, XFS Global will make a best-efforts approach to quoting shl piping costs. All quotes, proposals, proformaInvoices, Invoices, and estimates are quoted with ESTIMATED freight charges, or as PRICE TO BE DETERMINED (TBD). All freight charges are the responsibility of the customer. In some cases, XFS Global will accommodate the Customer by arranging shipment. However, XFS Global DOES NOT guarantee shipping costs, delivery dates, or customs clearance. The Customer may find lower shl piping rates and terms elsewhere and Is encouraged to seek alternative shipping methods. In some cases, XFS Global will collect the estimated freight charge and will forward those collected fees to the freight company. This DOES NOT In any way obligate XFS Global to pay for shipping fee shortfalls, Increases In shipping costs, customs clearance fees, duties, warehousing fees, or any other costs Incurred In the shipping of Customer's order. All additional fees will be collected from the Customer prior to XFs Global releasing Customer's order from the XFS Global factory. If express shipping, Including Air Freight, Expedited Ground, or other rapid or preml um shipping terms are required by the Customer, the Increased costs and fees will be the sole responsibility of the Customer. XFS Global DOES NOT use expedited shipping services and WILL NOT pay additional costs or fees to expedite shipment. XFS Global ships according to Freight On Board (FOB) ORIGIN terms of sale. The Customer assumes ownership of the goods/order at the moment that they are picked up from the XFS Global factory and are signed for by the carrier. The customer Is responsible for all freight charges and all risk from the time the carrier signs for the goods/order. Date: Date: XFS Global. LLC. 70 Douglas Way Natural Bridge Station. VA 24579 httas'l/www.xfactorsg. corrJ Code Final Audit Report 2025-03-06 Created: 2025-03-06 By: Brandon Terry (brandon.terry@ashland.or.us) Status: Signed Transaction ID: CBJCHBCAABAA8dBKZymjVWtDPuP7AX9jyBOE3zbAzXDv "Personal Services Agreement, Structural Code Certification" Hi story Document created by Brandon Terry (brandon.terry@ash land. or. us) 2025-03-06 - 1:00:06 AM GMT !. Document emailed to Derek J. Kehoe (derek.kehoe@xfactorsg.com) for signature 2025-03-06 - 1:00:12 AM GMT Email viewed by Derek J. Kehoe (derek.kehoe @�xfactorsg.com) 2025-03-06 - 1:01:58 AM GMT " Document e-signed by Derek J. Kehoe (derek.kehoe@factorsg.com) Signature Date: 2025-03-06 - 1:02:55 AM GMT - Time Source: server !. Document emailed to Rocky Houston (rocky. housto n @ash land. or. us) for signature 2025-03-06 - 1:02:56 AM GMT Email viewed by Rocky Houston (rocky. houston @ash land. or. us) 2025-03-06 - 1:07:31 AM GMT Document e-signed by Rocky Houston (rocky.houston@ashIand. or. us) Signature Date: 2025-03-06 - 1:08:17 AM GMT - Time Source: server Agreement completed. 2025-03-06 - 1:08:17 AM GMT Adobe Acrobat Sign XFSGLOB-02 SGIERDAI ACORL7µ' CERTIFICATE OF LIABILITY INSURANCE `.�•-'' FWDATE (MM/DD/YYYY) 3/5/2025 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 CONTACT Shelby Gierdal NAME: PHONE FAX (A/C, No, Ext): (952) 653-1169 (A/C, No): Christensen Group, Inc. 9855 W 78th Street Suite 100 E-MAIL sgierdal@christensengroup.com Eden Prairie, MN 55344-8004 INSURERS AFFORDING COVERAGE NAIC # INSURERA:Continental Casualty Company 20443 INSURED INSURER B:Transportation Insurance Co 20494 INSURER C: Scottsdale Insurance Co. 41297 XFS Global LLC INSURER D : 70 Douglas Way Natural Bridge Station, VA 24579 INSURER E INSURER F : COVERAGES CERTIFICATE NUMRFR- REVISION NUMRFR- 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE i OCCUR 7064196424 3/1/2025 3/1/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 1,000,000 $ MED EXP (Any oneperson) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY El JECT El LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 7064197346 3/1/2025 3/1/2026 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XLS2003979 3/30/2024 3/30/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/ R/EXECUTIVE ❑ EXCLU OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 7063596372 3/1/2025 3/1/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20. E Main St Ashland, OR 97520 AUTHORIZED RREPRR;/E',S,+ENTuTA/TTIIVE ���� s4r i itYti l l , � - "' 4110_ f-�' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Brandon Terry From: Carmel Zahran Sent: Monday, March 10, 2025 12:08 PM To: Brandon Terry; legal -division Subject: RE: Liability Coverage - Schematics Review and Certification Hi Brandon, Yes, that's fine to proceed given the 5million umbrella. From: Brandon Terry <brandon.terry@ashland.or.us> Sent: Friday, March 07, 2025 8:42 AM To: legal_division <legal_division@ashland.or.us> Subject: Liability Coverage - Schematics Review and Certification Good Morning, We have a quote for an engineering company to review the schematics and certify the code compliance of the ice rink tent. They stated they can turn the review around in 5 days. Per the Personal Services Agreement, they don't have $2M Professional Liability Coverage. They do have $5M in Umbrella Liability. Can we accept that coverage in lieu of the $2M Professional Liability? Please let me know if I can provide any additional information. Thank you, Brandon F. Terry Sr. Administrative Analyst Ashland Parks & Recreation Commission (APRC) 340 S Pioneer St, Ashland OR 97520 541.552.2259 ash la nd pa rksa nd rec.org This email transmission is official business of Ashland Parks and Recreation Commission, 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 541.552.2259 Form iN-g Request for Taxpayer Give form to the (Rev. March 2024) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irsgov/FormW9 for instructions and the latest information. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) XFS Global, LLC 2 Business name/disregarded entity name, if different from above. M $a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to only one of the following seven boxes. certain entities, not individuals; a o ❑ Individual/sole proprietor ❑ C corporation El corporation ElPartnership ❑ Trustlestate see instructions on page 3): ❑✓ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . , . . C Exempt payee code (if any) C CL Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax from Foreign Account Tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate Exemption p box for the tax classification of its owner. Compliance Act (FATCA) reporting rn ❑ Other (see instructions) code (if any) ao (Applies to accounts maintained (A pp 3b If on line $a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check ❑ See instructions outside the United States.) of cot this box if you have any foreign partners, owners, or beneficiaries. o 5 Address (number, street, and apt, or suite no.). See instructions. Requester's name and address (optional) CD PO Box 145, 70 Douglas Way 6 City, state, and ZIP code Natural Bridge Station, VA 24579 7 List account number(s) here (optional) IIAMII Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a Social security number _M resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer ideni ication number tt;m). if you oo nox nave a number, svv nuw iu get a or TIN, later. Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and M93 _���Number To Give the Requester for guidelines on whose number to enter. 3 3 4 3 4 4 5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Seetheinstructions for Part 11, later. Sign signature of /` ^)�!/%�`///, bate Here U.S. person Itt ell fi; It 1 i6 )ftA General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.hs.gov/FormW9. What's New New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner. Otherwise, it An individual or entity (Form W-9 requester) who is required to file an should check the "LLC" box and enter its appropriate tax classification. information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)