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HomeMy WebLinkAbout2026-020 AGRMT Bardo Wright Ltd. Co dba Resilience Emergency Management Services AS H A N D ," T Y o r Personal Services Agreement City Information Consultant Information City of Ashland Firm Name: Bardo Wright Ltd. Co d/b/a Resilience Emergency Attn: Scott Fleury Contact: David Elliott 20 East Main Street Address: PO Box 1058 Ashland, Oregon 97520 Taos, NM 87571 Phone:(541)488-5587 Phone: 651-7074057 Email: Email: David@BardoWright.com Contract Summary Procurement Method: Direct Award Completion Date: 06/30/2027 Contract Amount: $ 26,000.00 Description of Services: Provide emergency management exercise design,facilitation,evaluation,and Improvement planning services Supporting Documents: agreement Dated: 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 °I E 1 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 Bardo Wright Ltd. Co d/b/a Res I 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 Bardo Wright Ltd. Co dlbla Res 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 U 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: Enter criteria here or delete if not applicable Consultant initials if exempt: DE Date: 03/10/2026 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 Autemebilengle limit__eF the equivalent, Of HE) City Amendment approved, CZ. 3.12.16 . 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 Bardo Wright Ltd. Co dlbla Res 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 Bardo Wright Ltd.Co d/b/a Res 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 Bardo Wright Ltd.Co dlb/a Resit I 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 279B.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 Bardo Wright Ltd. Co dlbla Res I 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. i I {III 3 Page 7 of 8 Personal Services Agreement Between the City of Ashland and Bardo Wright Ltd. Co d/b/a Res 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: Bardo Wright Ltd. Co dtbla Re(Consultant) By: tore David Elliot Date Printed Name Principal Emergency Manager Title Purchase Order No. 03/10/2026 Date (LA-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Lit:n� City Attorney 3.12.26 Date Page 8 of 8 Personal Services Agreement Between the City of Ashland and Bardo Wright Ltd. Co dlbla Res City of Ashland, Oregon City of Ashland LIVING ALL employers described below must comply WAGE regulating............... ............. with City of Ashland laws payment a living wage. per hour, effective June 30, 2025. The Living Wage is adjusted annually every 1 June 30 by the Consumer Price Index. - - a project or portion of the 401K, and IRS eligible business of their employer, if cafeteria plans (including the employer has ten or more childcare) benefits to the employees, and has received employee's amount of wages. ➢ For all hours worked under a financial assistance for the service contract between their project or business from the ➢ Note: For temporary and part- employer and the City of City of Ashland over$27,163, time employees, the Living Ashland if the contract Wage does not apply to the exceeds$27,163 or more. ➢ if their employer is the City of first 1040 hours worked in any Ashland, including the Parks calendar year. For more ➢ For all hours worked in a and Recreation Department. details, please see Ashland month,if the employee spends Municipal Code Section 50%or more of the employee's ➢ In calculating the living wage, 3.12.020. j time in that month working on employers may add the value of health care, retirement, i For F additional Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager, City Mall, 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. ry 0r j L. IN D i I i 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 that apply to its business. DE (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. DE (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. DE (4) Labor or services are performed only pursuant to written contracts. DE (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 F ing to the Work or services to be provided. Consultan ' signature 03110I2026 Date Page 1 of 1: Exhibit C EMERG����������������� ��������K������ ������?K��� ��������~�� ENCY MANAGEMENT ���o�=.�°� ��"�= "���� ����������������� ����n^u~m~nnmu~n� o PARTIES This Agreement ismade effective enof . bv and between: Contractor: Bordo Wright Ltd. [o d/b/a Resilience Emergency Management URENU Representative: David A. Elliot, Principal Emergency Manager (CEC) ^ PhoDe: +01.651.TO7.4D57 ^ E0aU: Dovid@Bando\Nright.nonn , Address: PO Box 1O5R. Taos, NK887571 Client: | City ufAshland, {}naQoO PURPOSE The Contractor will provide emergency management exercise design, facilitation, evaluation, and improvement planning services tosupport the City mf Ashland's emergency preparedness and Federal Energy Regulatory Commission (FERC) dam safety exercise requirements. ABOUT BARDO WRIGHT LTD. CO Bardo Wright Ltd. Co, operating as Resilience Emergency Management (REM), provides emergency management support that enhances organizational readiness and resilience across critical mmwon. Serving public and private sector entities, REM specializes in dgVe|opiDg, nnoinhain|ng, and o|ovobDQ emergency preparedness ataDda[ds, providing organizations with o clear pathway to meet regulatory requirements and best practices in emergency management and safety. REM's work emphasizes not only compliance, but the practical implementation and operational ization of emergency preparedness, ensuring that plans, systems, and coordination structures function effectively under real-world conditions. REM's approach is grounded in collaboration, whole-community engagement, and the understanding that effective emergency management must be adaptable to evolving hazards, organizational change, and community needs. SCOPE OF WORK Contractor agrees to perform the following services for CLIENT: 1. Meetings & Coordination • Attend, facilitate, and coordinate scheduled exercise planning meetings, both remote and in person, as needed to support exercise objectives. 2. Training, Drills, & Exercises • Design and facilitate a tabletop exercise and a functional exercise consistent with FEMA Homeland Security Exercise and Evaluation Program (HSEEP) methodology. • Coordinate exercise logistics and participation with the CLIENT's designated point of contact. • For all scheduled exercise-related meetings and activities, the Contractor will: 1. Coordinate scheduling with the CLIENT POC. 2. Facilitate or instruct as required. 3. Provide follow-up documentation as appropriate. 3. After-Action Review& Improvement Planning • Conduct post-exercise debriefs and hotwash activities. • Develop and deliver a formal After-Action Report and Improvement Plan (AARIIP) documenting strengths, areas for improvement, and recommended corrective actions. 4. Ad Hoc POSTE-Based Services • Operationalization of lessons learned from exercise activities within the POETS framework • Additional training focused on personnel capacity building for preparedness • Resilience capacity building for recovery, including: • Whole community disaster recovery planning, support, and capacity building, to include COAD and VOAD-like structures • Leveraging and coordinating existing City of Ashland resources • Development of resource deployment capabilities • Business community connectivity and "Ashland Ready" initiative development, with potential integration into exercise activities POETE-BASED SERVICE FRAMEWORK REM's services are structured using the POETS framework—Planning, Organizing, Equipping, Training, and Exercising—which emphasizes structured deliverables alongside practical implementation support. Planning REM collaborates with clients to inform the development, review, and refinement of emergency management documents and preparedness priorities. Within the context of this Agreement, exercise outcomes and AAR11P findings are used to identify planning strengths, gaps, and opportunities for improvement. Organizing REM's work supports clarity around roles, responsibilities, coordination mechanisms, and stakeholder engagement. Exercise findings may inform organizational adjustments, coordination practices, and governance structures that support effective emergency operations. Equipping Exercise evaluation may identify tools, systems, or resources that support emergency response and coordination. REM's POETS framework allows these needs to be documented and translated into actionable improvement recommendations. Training Exercises are designed to reveal training strengths and gaps. Findings may be used to inform future training priorities, curriculum development, or targeted skill-building activities. Exercising Discussion-based and operations-based exercises validate preparedness assumptions and test coordination under realistic conditions. REM uses exercises as a diagnostic and improvement tool rather than a stand-alone compliance activity. The POETS framework ensures that exercises meaningfully inform broader preparedness and capacity-building efforts while remaining adaptable to the CLIENT'S priorities and resources. FEES AND PAYMENT TERMS Flat Fee for Exercise Services Total Flat Fee: $26,000.00 This flat fee covers all services described in the Scope of Work items 1-3 above. Payment Schedule: • $6,500.00 (25%) due upon execution of this Agreement • $6,500.00 (25%) due upon completion of the Contractor's spring site visit to Ashland, Oregon • $6,500.00 (25%) due upon completion of exercise design and supporting materials • $6,500.00 (25%) due upon submission and acceptance of the final After-Action Report and Improvement Plan (AARIIP) OPTIONAL ADDITIONAL SERVICES (OPT-IN) Following completion of the exercises and AARIIP, the CLIENT may elect to engage the Contractor for additional emergency management support related to preparedness improvement, implementation, or operational ization identified through the POETS framework. Optional services may include, but are not limited to: • Implementation support for improvement plan actions • Development of tools, templates, or operational aids • Additional planning or coordination support • POETE-based capacity building activities • Facilitation of additional meetings, workshops, or working sessions Ad Hoc or Additional Slate of Hours • Additional services may be provided on an ad hoc basis at$185.00 per hour, with prior written approval by the CLIENT. • Alternatively, CLIENT and Contractor may mutually agree, in writing, to a defined additional slate of hours to support follow-on work. Ad Hoc POSTE-Based Services (Scope of Work Item 4) • $3,000.00 for ad hoc services as described in Scope of Work Item 4, billed at$185.00 per hour, with prior written approval by the CLIENT. • Services under this line item are authorized separately from the flat fee and are not implied or required under this Agreement unless explicitly authorized by the CLIENT. No additional services are implied or required under this Agreement unless explicitly authorized by the CLIENT. TERM This Agreement shall be effective as of[START DATE] and shall remain in effect through completion and acceptance of the AAR/IP, unless terminated earlier in accordance with this Agreement. LIABILITY AND CONFIDENTIALITY Liability CLIENT acknowledges that emergency management and exercise activities involve inherent risk. Contractor shall not be liable for indirect or consequential damages arising from services performed under this Agreement. Confidentiality Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the performance of this Agreement. OWNERSHIP OF WORK All exercise documentation, reports, and materials produced under this Agreement shall become the property of the CLIENT upon full payment. INDEPENDENT CONTRACTOR Contractor is an independent contractor and not an employee or agent of CLIENT. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. SUPERSEDING AGREEMENT This Agreement supersedes all prior oral or written agreements between the parties related to the subject matter herein. AMENDMENT This Agreement may be amended only by written agreement signed by both parties. SIGNATURES Contractor David A. Elliot i I Principal Emergency Manager Bardo Wright Ltd. Co dlbla Resilience Em rgency Management Signature: Date: Cj Client City of Ashland, Oregon Authorized Signature: Title: Date: