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HomeMy WebLinkAbout2010-004 Contract - Law Offices L Haines . ~.' '-"..,1 >'. I 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 Contract for PERSONAL SERVICES Less than $25,000 C I T Y 0 F CONSULTANT: Lloyd ,Matl)ew Haines /,4rrD ~~ ASHLAND 1'\--, ~ COaTACT' ~r.! tft+iAleS AD SS:~orth Main St;eet, AShla.nd, OR 97520 '?6 #p2...,:7.:;L . PHONE: 541-482-9300 DATE AGREEMENT PREPARED: 12/04/09 FAX: 541-482-9334 BEGINNING DATE: 12/04/09 COMPLETION DATE: 6/30/10 COMPENSATION: $35 er hour SERVICES TO BE PROVIDED: Provide inspection of the tree sculpture known as We Are Here four times per year coinciding with the equinox and solstice ceremonies by the Native American Community. Consultant will contact the Maintenan~e Safety Supervisor at the City of Ashland two weeks in advance of each inspection to coordinate time of the inspection and needed equipment. The City will provide necessary equipment and City personnel will be present. The Inspection will occur prior to the ceremonies and will not exceed five hours per ins ection u to 20 hours per ear. See addendum for details. ADDITIONAL TERMS: If it is determined the tree sculpture requires rehabilitation beyond basic cleaning, consultant will submit a written proposal detailing the required work including written estimate of the time required to conduct the work. No work will be paid for or compensated unless authorized in writing by the City. See addendum for details. . FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: . Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City srall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely. terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. 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. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, 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 contract by Consultant (including but not limited to, Consultant's em 10 ees, a ents, and others desi nated b Consultant to erform work or services 0"....+0......". f".. 0".....".........1 C'"....,;""" D"";",,....I ('\7/('\-1 /"}('\('\o 0.........." -I "f c: \ " attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, 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: I. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliqation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, cor d of this section, Consultant shall immediately cease all activities under' this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. . City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract 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 shall not create any contractual relation between the assignee or subcontractor and City. 13. 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 it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this 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 Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000.000, $2.000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liabilitv insurance with a combined sinQle limit, or the equivalent, of not less than Enter one: ,............t............t f....... D.......................I c........;.............. D...",........"l ('\71""1 /0('\no 0.......... ') "f c:. , , $200,000, $500,000, $1 ,000,000, 01 Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chanoe. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. . 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agree's that City's payment of amounts under this contract 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 contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification: ~Consultant sh CONSULT . ication attached hereto as Exhibit A and herein incor CITY OF ASHLAND: BY t... M. tgnature Iv 6:::s- -4r~me TITLE D fIv/V ~ BY ~ FINANCE RECTOR el/6y DATE rflo/b( / W-9 One copy of a W-9 is to be submitted with the signed contract and it will be kept on file in the Finance Department. ACCOUNT # PURCHASE ORDER # ()c:tg~g ..............~............. i...... 0"..............,,1 C.......,;........... D....,,;.......r1 "7/"1/")""0 D.......... ') ...-F c:. ( 12104/2009 Contract addendum Lloyd Haines We Are Here (tree sculpture) CITY OF ASHLAND Scope of Work Inspection: The purpose of the inspection is to assess necessary cleaning, refinishing, damage repair and/or restoration requirements. Following the inspection, consultant will submit a written report to the City summarizing the results of the inspection. Cleaning: City personnel will clean the sculpture once per year consistent with the suggested instructions submitted by Russell Beebe on behalf of consultant. Rehabilitation: Consultant will conduct rehabilitation/remedial work on the sculpture as needed including but not limited to: caulking, spot bleaching, re-carving and repair. The agreement will be conducted within separate and specific scopes of work that will adhere to the following process: . Consultant will provide an estimate of expected timeframe and costs associated with rehabilitation . Upon review and approval of the task estimates, an agreement will be signed to indicate a mutual understanding of the work to be completed. All tasks agreements will adhere to all applicable sections of this contract. Fee Structure Inspection and rehabilitation work done within the framework of this agreement will be billed on an hourly basis, at a rate of $35 per hour. Inspections will not to exceed five hours per each inspection (maximum 20 hours per year) and rehabilitation work will not exceed ten hours per year. Rehabilitation work must be authorized in writing by the City prior to any work. No compensation will be paid for unauthorized or extra work. The number of hours billed for rehabilitation will be based on the estimates provided in the individual task agreements. It is understood that the Consultant will not continue working if the actual time exceeds the estimated time without prior written approval from the City. Billing Invoices will be sent monthly and will be due 30 days from the invoice date. Past due amounts will be assessed a 1.5% penalty. Contract Term V !!it""r ~al'l)' "as t"e Fig,,~~ lfle e""ll'Ilet at RI.) time b) gi .;1.1\. l..jnim.lI.. of 6811.), ..,ilk.. ..vt;.. ;" Rfb:aRs8 sf tRs €!SRtFast eRaiHg eats. ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 r~' ~. EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, 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) Contractor 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. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: ~ I carry out the labor or services at a location separate from my residence or is in a specific portion of my 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. -----vL (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~/ Contractor (Date /""..........+...........+ f....... 0......................1 e.......,;............ D....,,;........,.,j n7fni /')""0 D.....,....... A ,..f c: " Foem W-g (Rev. October 2007) Department 01 the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. 00 not send to the IRS. oj ~ 0> rn 0. c o . . o.g ~:;:; " 0 02 ~~ " - 0.0 '" '0 . C. 1Il ~ . 1Il iJ8 <=-<- Check appropriate box: Individual/Sole proprietor rporation D Partnership Limited liabHity company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ... _ _ _ _ _ __ Olheriseeinstructions) ... ~s (number. street, and a t. or suite no.' 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 your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number. see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. o Exempt payee ~~ 7.J 1..-0 Requester's name and address (optional) or Employer identification number Certification 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. I 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. I am a U.S. citizen or other U.S. person (defined below). 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 (IRA), and generally, payments other than jnt est and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instru ns on pa e 4. Sign Here Signature of U.S. person .. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-g only if you are a U,S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are aU,S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form w.g. Date ... D finition of a U.S. person. F r federal ax purposes, you are considered a U.S. person if you are: . An individual who is a U.S. citizen or U,S. resident alien, . A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States. . An estate (other than a foreign estate), or . A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business, Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U,S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: . The U.S. owner of a disregarded entity and not the entity, Form W-9 (Rev, 10-2007) Cat. No. 10231X )f3C 21 99 02:26p JON ::iNOVVUeN ::; I A Ie rAKIVI tJl.n4bL4~OI p.L This certifies that Certificate of Insurance IZJ State Farm Fire and Casualty Company, Bloominglon, Illinois o State Farm General Insurance Company, Bloomington, IlIinols o State Farm Fire and Casually Company, Aurora. Ontario o State Farm Florida Insurance Company, Vl/inter Haven. Florida o State Farm L1oyds, Dallas. Texas SU." aRM /$I @@l 'N)U''''N~l . nsures the following policyholder for the coverages indicated below: Oolicyholder Lloyd Matthew Haines dba Lloyd Matthew Haines Attorney at Law A.ddress of policyholder 96 N MAIN ST STE 202 ASHLAND OR 97520-2792 Location of operations same as above Description of operations The policies listed below have been issued to the policyholder for lhe policy periods shown. The insurance described in these policies is subject 10 all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. Limits of Liability (at beginning of policy period) BODILY INJURY AND PROPERTY DAMAGE Policy Period Type of Insurance Effective Date : EXDiration Date Comprehensive 04/02/09, 04/02/10 , Business Liability , __ _ _ ______, _ ~___________ _ _d~._ _____ _ _____n_~_~_ ,_ n __~ __~_._,_n .~. ___n __n___ _________ -.>.- -------------- ---------- This insurance includes: X Products - Completed Operations Contractual Liability Personal Injury Advertisin9 Injury Policy Number 97-BZ-4944-6 Each Occurrence s 1,000,000.00 2,000,000.00 2,000,000.00 General Aggregate $ $ Policy Number EXCESS LIABILITY =:J Umbrella =:J Other Policy Period Effective Date l Expiration Date Producl - Compleled Operations Ag9re9ate BODILY INJURY AND PROPERTY DAMAGE (Combined Sinale Limit) Each Occurrence $ Aggregate $ Policy Period Effective Date J EXDiration Date Part r - VVorkers Comoensation - Statutory Part II - Employers liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ Limits of Liability (at beginning of policv period) Workers' Compensation and Employers Liability Policy Number Type of Insurance Policy Period Effective Date : Expiration Date THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATlVEL Y AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder The City of Ashland, Oregon, and it's Elected Officials, Officers, and Employees, as their interests pertain to the "Here We Are" tree sculpture and the "The Path to Joy and Unity" murals 20 E Main SI. Ashland, OR 97520 If any of 1he described policies are canceled before their expiration dale, State Farm~ will try to mail a written notice to the certificate holder 30 days before cancellation, If we fail to mail such notice, no obligation or liability will be imposed on State Farm or aits agent; or representatives. Date Ager:t's Code S1amp Ager'lt Code 37~9A13 AFO Code F490 1001250 1003~.IO 09-25-2009 ~e" L,l U;J UL:Ltip JUN ~NUVVUt::l\1 ;::) I A I t:. r-AKIVI OqltfOLLf:;:lOf ~..) , . MM Policy No. 97-B~-4H4- 6 9AJ.3 -F~90 ".,...,. A SECTION 11 ADDITIONAL INSURED ENDORSEMENT 11Il""~ Policy No.: 9?-BZ.4944-u Name(! Insured: HAINES, LLOYD MAt-nmW . OM. LLOYD Ml<t'!IlEW HAINES ATTOIlNEY AT LAW 96 N !'<Am ST STE 202 ASHLAND OR 97920-2792 Aclditionallnsure(! (Include address): TH3 CITY OF ~SHLAND. oReGON. AND ITS ~LEC'l'ED OFFICiALS. OFFICERS AND EMPLOY~SS, AS THEIR INTERESTS Pl>I'TAIN TC THE 'IIERB WE ARE' TREE SCULPTlJR:E AND "THE ~ATJ{ TO JOY 1iND oNrry" MUAAI.S 20 E Ml\.IN ST MIlLAND OR 97520 WHO IS AN INSURED. under SECTION 11 OESIGNATION OF INSURED, Js amended to inClude as an insured the Additional Insured shown above, but only to the extent thal .ability is imposed on that Add"ional Insurad solely because of your wort< perlormed for thai Addilionallnsure(! shown above. Any insurance provided to \he -Additlonallnsured shail only epply with rsspect to a claim made or a suit brought for damages for whicl\ you are provide(! coverage. The Prlmary Insurance c:;:overage below applies only when there is an "X" in the box. o Primary Insurance. The insurance prOl/ided to \he AdditiOnal Insured shown above Shall be primary insurance. Any inSUrance carried by the Additional Insured shall be noncontributory wilh respect to coverage provided to you, All other policy provisions applY. PI'iP\t6d irl USA FE.~OS L 'J lOGON W~t>1 :01 600Z'1I ':)30 ~~, CITY RECORDER Page 1/1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 ':'. :'~',,,~ 1DATE);.::~'::.i;;'L~ ~.=:.~Rbj'NUMEfER~~.:;~ 12/21/2009 09358 VENDOR: 003826 LAW OFFICES LLOYD M HAINES 96 N MAIN STREET SUITE 202 ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: Contact: Ann Seltzer Confirming? No lr:;jQua~riiitV~!/i ~'Wnm~.::~ ~tti:!.:-_~~.~':;.f--:)jn-0':'~~;'~'Pi..~..~...} ':_';,,;D~'Si:rIDtfo-n';~,:.. - - J, ;S', ,:" . ~~>-~',>~_,'.~'.~~i::: ;:~__~'U'nit:Rrice'~::"}~,,: ~;i~;lEit~-\p'Ffc~?i. ;"; THIS IS A REVISED PURCHASE ORDER Provide inspection of the tree sculpture known as We Are Here four times per year. Compensation $35.00 per hour/Not to exceed 20 hours/$700.00. Beginning date: 12/04/2009, Completion date: 06/30/2010 hour/Not to exceed 20 hours/$700.00 700.00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 700.00 0.00 0.00 700.00 ~~!~ccounFNumi)eri~ ~~,;;.l'p'rojectfNlnnher.~,,:~'~:;SJ ~'.~:~,~r l:Arrl(mni....:~:., '~~, j\Acc-6untfNumj)e"'r,,':::(..~ ;~>~;::[Projeci:; Number'::~?":.'.; E;;ttt~~'Amou~nf:'. ~-~.~,; E 41 0.08.24.00.60240 E 0001 95.999 700.00 ~ ~ . .~((() U Orlze na ure VENDOR COPY I FORM #10 I CONTRACT APPROVAL REQUEST FORM CITY OF ASHLAND Description of GOODS & SERVICES or PERSONAL SERVICES Contractor/Consultant: ~ /..--u/ Cf'- tfcfAC-L-~ <97 cC ~er attached contract PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process Total Amount "....,,"'-.. -~~--,. '.$ .' /t/J;0; Y:o' /' C--R 'x::::'<?o! LJ. 'C:L.;-', __ ~. _' _..g.",:~. :.<9-0 _. '>-<f_ 0 Exempt from Comoetitive Biddina 0 Invitation to Bid (Copies on file) 0 Emeraencv Reason for exemption: o Written findings altached --- 0 Quote or Proposal allached lir Small Procurement & Personal Services 0 ReQuest for ProDosal (Copies on file) Cooperative Procurement Less than $5.000 Please check one: o State of Oregon Nole: Total contracl amount, including any o Goods & Services Conlract # amendments may not exceed $6,000 0 Personal Services 0 State of Washington Contract # Intermediate Procurement 0 Sole Source o Other government agency contract GOODS & SERVICES 0 Wrillen findings allached Agency $5.000 to $75.000 .0 Quote or Proposal altached Contract # o 13\ Wrillen Quotes 0 Interagency Contracl PERSONAL SERVICES 0 Soecial Procurement Agency. $5.000 to $50.000 0 Written findings allached Contract # 0 (3) Written Proposals 0 Quote or Proposal allached Have all public contracting requirements been satisfied? YES ~ NO If "NO", Council approval is required. Council approval received on (Date) Have funds been budgeted for the purpose ofthis contract? YES "---" NO If "NO", Council approval is required. Council approval received on Please provide Account Number Y:~ ~~- ~ f _~ t! _~ '!' ~ c('c;9-c:J (Date) Is the amount of the contract less than $25,000? YES NO If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on (Date) Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES ~/ NO If "NO", Council approval is required. Council approval received on (Date) Is the contract for a period of 24.months or less? YES ~. NO Completion date: (Date) &6/?-&/r~ If "NO", Council approval is required. Council approval received on Please provide terms: Start date: /~/4 /<9 j I Can the contract be terminated for convenience thirty (30) or fewer days following delivery of written notice to the contractor? YES ......---- NO Department: If "NO", Council approval IS required. Council approval received on !' ' 'Q ~ V0- 'please circle: .' _.'_ , /. ~ Not Approved .y ~ tl '*--5-C' ~~ Lee Tuneberg /;;?-- ;?-/ - tl Date: //;:i/ d Form #10 - Contract Approval Request Form, Page 1 of 1,12/21/2009 (Date) Prepared by: Date: