Loading...
HomeMy WebLinkAbout2012-054 Contract - Bell & Associates Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: Bell & Associates, Inc.ASHLAND CONTACT: Christopher J. Bell 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1628 NW 33rd Way, Camas, WA 98607 Telephone: 541/488-6002 Fax: 541/488-5311 . TELEPHONE: 360-326-8937 DATE AGREEMENT PREPARED: 3/7/2012 FAX: 360-326-8925 BEGINNING DATE: 3/15/2012 COMPLETION DATE: 5/1/2012 COMPENSATION: $9826.00 SERVICES TO BE PROVIDED: Provide the City of Ashland with solid waste collection rate consulting services in conjunction with the rate request submitted by Recology d.b.a. Ashland Sanitary. This includes collection and analysis of hauler costs and operational data, projection of future year costs, completion of a draft report to be presented to the City Council at a study session and follow up with a final report. ADDITIONAL TERMS: The scope of work is further detailed in the response of Consultant to City's request for proposals attached hereto as Exhibit C. In the event of any discrepancies among contract documents, this standard City contract shall control.over any attachments or exhibits FINDINGS: Pursuant to AMC 2.50.120, 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 shall 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 $18,890 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 employees, agents, and others designated b Consultant to perform work or services Contract for Personal Services, Revised 06/30/2011, Page 1 of 5 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. City'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. Obligation/Liability 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, c or 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 Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, 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 Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, Contract for Personal Services, Revised 06/30/2011, Page 2 of 5 fpr each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 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 Slates 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 agrees 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 4By t City has in fficient appropriations, limitations or other expenditure authority, City may terminate this without p ally or liability to City, effective upon the delivery of written notice to Consultant, with no further o su ant. . C ult hall si n the certification attached hereto as Exhibit A nd herein incorporated b reference. Con Cit"f.Ashland By i ft urge Depa ment Head t d. aEGL `�.1Ju r G4�.1HFP. Prirt Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/3012011, Page 3 of 5 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: (1) 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. V/ (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. r/ (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) 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 li ility insurance relating to the labor or services to be provided. Contractor ( ate) Contract for Personal Services, Revised 06/30/2011, Page 4 of 5 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual insurance Company if selection box is not checked. 6000 American Pky Madison,Wisconsin 53763-0001 Insuretl's Name and Address Agent's Name,Address and Phone Number(AgtlDist.) Bell&Associates Inc Michael W.Jenkins (503)699-2575 1628 NW 33rd Way 15630 SW Boones Ferry Rd. Camas, WA 98607 Lake Oswego, OR 97035 (013/503) This certificate is issued as a matter of information'only and confers no rights upon the Certificate Holder. This certificate dons not emend,extend or alter the coverage afforded by the policies listed below. COVERAGES This is to ceniy that pdides of insurance tistod babw have been lswed to the insured named above for Iha pofcy period indicated,nowithstanding my Ieduiroment.lens dr condition of any camract of other doebmenl with respect m which this conilic9te may he issued or n1M pandin,the m9ul9nce afforded by the poGdes desaIDbd herron u eubjed W all me lem>,5.evde-iene,and conditions of such P-lams. LICV O LIMITS OF LIABILITY TYPE OF INSURANCE POLICY NUMBER Mo oe IVY Me 008TION B ty Injury and ropeM Damage Homeowners/ Each oddmrerce $ ,000 Mobilehomeowners Liability Bodily injury and PrdpeM Damage Boatowners Liability Each occurrance $ ,000 Bmitl Injury and Property Damage Personal Umbrella Liability Each ocwrrenee $ ,000 e,m abdiry 8 Personal s iry Farm/Ranch Liability Each occur,anc6 $ - ,000 Farm Employers liAbdity $ 000 Earn mcurarf,e $etwpry .+KYSY Workers compensation and Each Acddent $ ,000 Employers Liability t ,000 pisdsse-ESCh EmployeB $ Disease-Pollcy omit $ 1000 General Aggregate S 2.000 000 General Liability Producu-COm letbd Operstians Aggts alo $ 2.000 ,000 ® Commercial General - $ 1,000 Liability(occurrence) Personal and Adveni9in Ina r_1 46-X00614-01-00 9/15/2011 9/15/2012 EschOacmfence $ 1,000 .0(10 ❑ - 09ma a tp Premises Rentea to Vou $ 000 MB6[a Espefue(Any One Fat%oN $ 5 000 Each OwumlhOatt $ 1000 Businessowners Liability Aggragatett $ .000 Common cause umit Il ,000 Liquor Liability - Aggregate Unvt $ ,000 Automobile,liability, Bodiy'-jury.Es=h Person $ .000 ❑ Any Auto Badly Injury-Each Accident $ ,000 p All Owned Autos $ ,000 ❑ Scheduled Autos - Propany Damage LD Hired Auto ❑ Nonowned Autos endiy injury and PropeM Damage Cpmbmed $ ,000 ❑ Excess Liability $ ,000 ❑ Commercial Blanket Excess Eeoh occwrdnco/Aggregve O Other(Miscellaneous eoveraaes) OeO.tn DESCRIPTION ONS/LOCATION /V HI L S RESTR CTIONS/SPECIAL IT MS tine ndiddad orpem+ers apmad❑Nara 011aand ehclad u m rore+e i as empbyees finder Nd Paq ttPNd,ICtieetnplM.d Olr..Mes 4raffilM it Neal 0 03d, «aura„¢Ink Snd is ircleded m po6q Ngr— CERTIFICATE HOLDER'S NAME AND ADDRESS - CANCELLATION Should any of the above described po n es be cancelled before the .ADDITIONAL INSURED: expiration date thereof,the company will odeavor to mail•( 30 days) written notice.to the Certificate Holder named, but failure to mail such notice shall Impose no obligation or !lability of any in upon the coin any, its agents or repressntativea. 0 days unless different CITY OF ASHLAND numger of days shown. ❑This certifies coverage on the date of issue only. The above 20 EAST MAIN STREET described policies are subject to cancellation in conformity with their ASHLAND,OR 97520 terms and by the laws of the state of issue. DATE! uED AUT OR EDR E TATIVE 03/19/2012 ■ ■ ■ ■o U-201 Ed.5/00 Stock No.0 68 Rev.:■ _. TT0CQQ6TbCT:01 IWOJz .S2:20 2T❑2-02_v ■ ■ CERTIFICATE OF INSURANCE Date 9/14/11 Producer: Affinity Insurance Services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 159 East County Line Rd. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Hatboro PA 19040-1218 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY I, p A Continental Casual Company Mr. Chris Bell COMPANY Insured: Bell & Associates, Inc. COMPANY 1628 NW 33rd Way C Camas, WA 98607-7357 COMPANY COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY LIMITS EFFECTIVE DATE EXPIRATION (MM/DDIYY) DATE GENERAL LIABILITY MMIDD/YY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE ❑ OCCUR PERSONAL S ADV.INJURY $ OWNER'S CONT.PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP.(Anyone person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACHACCIDENT $ THE PROPRIETORIPARTNERS/ INCL DISEASE-POLICY LIMIT $ EXECUTIVEIOFFICERS ARE EXCL DISEASE-EACH EMPLOYEE $ Professional Liability/Errors and Policy Number Eft Date Exo. Date Limit Deductible X Omission Insurance APL 188202149 09/15/2011 09/15/2012 1,000,000/$1,000,000 $5,000 PRIOR ACTS DATE September 15,2003 CERTIFICATE HOLDER CANCELLATION Evidence of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Insurance: EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 70 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r r 1 f 6 A. CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison,Wisconsin 53783-0001 Insured's Name and Address Agent's Name,Address and Phone Number(Agt./Dist.) Bell&Associates Inc Michael W.Jenkins (503)699-2575 1628 NW 33rd Way 15630 SW Boones Ferry Rd. Camas,WA 98607 Lake Oswego, OR 97035 (013/503) This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend,extend or alter the coverage afforded by the policies listed below. COVERAGES This is to certify Nat policies of insurance listed below have been issued to the insured named above for the policy period indicated.mealhstanding any requirement,term or condition of any centract 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 Ue terms,exclusions,and conditions of such polities. POLICY T TYPE OF INSURANCE POLICY NUMBER EFFECTIVE ExPlw.noN LIMITS OF LIABILITY Mo.Day.YO Mo.Day.Yr Homeowners/ Bodily Injury and Property Damage Mobilehomeowners Liability Each Occurrence $ ,000 Boatowners Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Personal Umbrella Liability odily injury and Property Damage tY 46-U10510-01 08/02/2011 08/02/2012 Eac $ 1,000 ,000 Each Occurrence Farm Liability&Personal Liability Farm/Ranch Liability Each Occurrence $ ,000 Faun Employer's Liability Each Occurrence $ 000 Workers Compensation and Employers Liability t Each Accident $ ,000 Disease-Each Employee $ ,000 Disease-Policy L'unit $ ,000 General Liability General Aggregate $ 2,000 000 ® Commercial General Products-Completed Operations Aggregate $ 2,000 ,000 171 46-X00614-01-00 9115/2011 9/15/2012 Liability(occurrence) Personal and Advertising In'u $ 1,000 00 Each Occurrence $ 1,000 ,000 Damage to Premises Rented to You $ 000 Medical Expense(Any One Person) $ 5 000 Businessowners Liability Each Occmrencett $ ,000 Aggregatett $ ,000 Liquor Liability Common Cause Limit $ ,000 Aggregate Limit $ ,000 Automobile Liability ❑ Any Auto Bodily Injury-Each Person $ ,000 ❑ All Owned Autos Bodily Injury-Each Accident $ ,000 ❑ Scheduled Autos Property Damage $ ❑ Hired Auto ,000 ❑ Nonowned Autos ❑ Bodily Injury and Property Damage Combined $ ,000 Excess Liability ❑ Commercial Blanket Excess Each Occurrence/A F-1 ggregate $ ,000 Other(Miscellaneous Coverages) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I RESTRICTIONS/SPECIAL ITEMS t The incinedual a Partners shown as insured El Have❑Hasa M elected M be co ei as enplorran unde this policy. ttPrad=-Completed Operations aggregate is equal to each occurrence limit and is included in pdicy aggregate. CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION •ADDITIONAL INSURED: Should any of the above described policies be Cancelled before the expiration date thereof,the company will endeavor to mail•( au days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liabilityy of any kind upon the company, its agents or representatives. •f0 days unless different CITY OF ALBUQUERQUE number of days shown. P.O. BOX 1293 ❑This Certifies Coverage on the date of issue only. The above ALBUQUERQUE, NM 87103 described policies are subject to cancellation in conformity with their terms and by the laws of the state of issue. DATEISSUED AUTHORIZED REPRESENTATIVE 11/28/2011 ALANA CRAIG U-201 Ed.5/00 Stock No.06668 Rev.7/02 PAGE 1 OF 2 FOR LIENHOLDER USE 1938-3789-01 FAMILY CAR POLICY NON-ASSESSABLE POLICY ISSUED BY AMERICAN FAMILY MUTUAL INSURANCE COMPANY A MEMBER OF THE AMERICAN FAMILY INSURANCE GROUP MADISON,WI PLEASE READ YOUR POLICY POLICY NUMBER 1938-3789-01-17-FPPA-WA POLICYHOLDERMAMED INSURED BELL, CHRIS& MICHELLE 1628 NW 33RD WAY EFFECTIVE CAMAS, WA 98607-7357 FROM 08-01-2011 TO 08-01-2012 ACCT 015-608-038-38 2005 TOYT SCL VIN 5TDZA23C05S318114 VEHICLE SYMBOL 20 CLASS CITY 1 I TERRITORY 35 COVERAGES AND LIMITS PROVIDED BODILY INJURY LIABILITY $250,000 EACH PERSON $500,000 EACH OCCURRENCE PROPERTY DAMAGE LIABILITY$500,000 EACH OCCURRENCE COMPREHENSIVE$100 DEDUCTIBLE COLLISION $500 DEDUCTIBLE END 55 UNDERINSURED MOTORIST- PROPERTY DAMAGE $25,000 EACH ACCIDENT ADDITIONAL ENDORSEMENTS THAT APPLY TO YOUR POLICY: END 10 SPECIAL PROVISION FOR AFMIC POLICYHOLDERS END 300 WASHINGTON AMENDATORY END 90 EMERGENCY ROAD SERVICE COVERAGE END 55 UNDERINSURED MOTORIST-BODILY INJURY ONLY $250,000 EACH PERSON $500,000 EACH ACCIDENT END 45 CANCELLATION AND NON-RENEWAL END 106 PERSONAL INJURY PROTECTION -COVERAGE C END 110 RENTAL REIMBURSEMENT-$20 DAILY LIMIT, $600 MAXIMUM Declarations effective on the date shown above. These declarations form a part of this policy and replace all other declarations which may have been issued previously for this policy. If this declarations is accompanied by a new policy,the policy replaces any which may have been issued before with the same policy number. 4 r- AUTHORIZED .S.i•:<< .:1�imP REPRESENTATIVE President sevacary AGENT 013-503 PHONE (503)699-2575 MICHAEL W. JENKINS USER ID AXCO27 15630 SW BOONES FERRY RD. TYPE DE LAKE OSWEGO, OR 97035 ENTRY DATE 11-28-2011 INCEPTION DATE 02-01-2009 Form No.U1A1(b) Stock No.05095 � � - �� r T..`4 X���i iBIfR !� ry��i�, �A�N1L. \- •, -- ka� � • ��f�- 1.�� Proposal to Provide Independent Waste Hauler F It / / and Operational Rate Review to the Ashland December Proposag ;u nrriirr :�.� by BELL & Associates, Inco BELL & Associates, Inc. 1628 NW 33rd Way• Camas,WA 98607• 360.326.8937 • Fax 360.326.8925 December 26, 2011 Larry Patterson, City Manager City of Ashland 20 East Main Street Ashland, OR 97520 Independent Waste Hauler Financial and Operational Data and Rate Review Dear Mr. Patterson: Bell &Associates is pleased to submit a proposal to provide the City of Ashland (the City)with solid waste collection rate consulting services in conjunction with the rate request submitted by Recology d.b.a. Ashland Sanitary. In this proposal, we will demonstrate that we have the experience and qualifications necessary to provide these services to the City. Chris Bell, CPA, will be the Project Manager and the primary point of contact. Mr. Bell has been working with the Oregon jurisdictions since 2001 on solid waste and recycling collection rates and program implementation costs. Mr. Bell is experienced with setting solid waste and recycling collection rates for public agencies and franchised collection companies. During the calendar year 2011, he has reviewed the operational and financial performance, of 49 private franchised collection companies and three municipal collection operations and set collection rates for 113,700 residential customers and 8,300 customers. In addition to the review of the rate proposal, we will also review the City's current franchise agreement and provide recommendations to update and strengthen to be responsive to all stakeholders. Unlike larger accounting and consulting firms, we don't have numerous levels of staffing or utilize unqualified junior staff which increases project costs. Our success is attributed to understanding the solid waste industry, a high quality work product, and responsiveness to the needs of our clients. Our team's breadth and depth of hands-on experience with relevant projects in the area of solid waste will result in a work product that will fulfill the needs of the City. We look forward to assisting City staff with their regulatory obligations. This proposal is valid for 90 days past the submission date. Mr. Bell has the authority to bind Bell &Associates to a contract with the City of Ashland signs this letter. Please contact him with any questions or comments concerning this submission. Y' r ell, CPA Associa tes, Inc. City of Ashland Solid Waste Cost and Rate Analysis Proposal Table of Contents 1.0 Overview of Bell&Associates...................:......................................................................................1 2.0 Qualifications of Professional Staff...................................................................................................1 2.1 Qualifications and Experience in Solid Waste ........................... ......................................................2 3.0 Solid Waste& Recycling Project References...................................................................................3 4.0 Rate Review Project Understanding.................................................................................................4 4.1 Project Management Approach.........................................:...............................................................4 5.0 Project Budget...................................................................................................................................6 Resumefor Chris Bell...................................................................................................................................7 City of Ashland Solid Waste Cost and Rate Analysis Proposal 1 .0 OVERVIEW OF • Bell & Associates, Inc. is a consulting firm specializing in financial and operational analysis of integrated solid waste management. Founded in 2003 by a licensed Certified Public Accountant, our primary mission is to serve the solid waste and recycling needs of local governmental agencies and municipalities. Located in the Portland, Oregon metropolitan area in the town of Camas,Washington, our client base of municipalities and private companies extends from Washington to Wyoming and from Alaska to New Mexico. In addition to collection systems analysis, rate review and rate setting, compliance services, and financial auditing, we team with a network of highly qualified professionals to offer solid waste and recycling consulting services ranging from planning, program analysis and implementation, franchise procurement, training, and outreach. 1 QUALIFICATIONS OF • • STAFF Chris Bell, CPA (Oregon License 10,451) will be the Project Manager and primary point of contact and the individual who will complete a majority of the work on this engagement. Mr. Bell is a Certified Public Accountant practicing in the field of integrated solid waste management with an emphasis in the financial analysis and operational evaluation of solid waste and recycling collection systems and facilities. He has assisted numerous public and private entities with setting collection rates, service procurement, program implementation, financial and performance audits, planning, and facility and systems analysis. In the calendar year 2010, Mr. Bell reviewed the operational and financial results of over 49 separate solid waste collection companies for 14 municipalities, assisted seven jurisdictions with solid waste management plans, audited the financial and operational performance of five collection companies, and set collection rates for 224,000 residential and 15,000 commercial customers in seven jurisdictions. Prior to solid waste consulting, Mr. Bell served as Assistant Divisional Controller for Waste Management of Oregon. His responsibilities were the monthly financial close, budgeting, reconciliation, reporting, operational performance analysis, audit preparation, and annual franchise reporting for three separate collection companies and two transfer stations. In addition, Mr. Bell was in charge of fixed assets and accounts payable for all six Oregon and Southwest Washington collection companies. Bell&Associates, Inc. City of Ashland Solid Waste Cost and Rate Analysis Proposal QUALIFICATIONS AND EXPERIENCE IN S Bell & Associates understands all aspects of the solid waste industry and we have been assisting jurisdictions in the Portland-Salem-Eugene area with setting collection, disposal, and program rates since 2003. The following are Oregon jurisdictions we have assisted with rate setting, financial analysis program implementation, program review, and long-term program planning: City of Beaverton City of Hillsboro j City of Fairview I City of Milwaukie City of Gresham City of Tigard City of Troutdale City of Tualatin I City of Salem City of Eugene City of Wilsonville Metro Clackamas County Wheeler County i.Washington County Columbia County Douglas County Tillamook County Coos County Clatsop County Lane County Linn County Curry County Yamhill County We have also completed the following solid waste projects for jurisdictions outside of Oregon: Jurisdiction and State City of Bellevue,Washington Annual Collection Contract Compliance Audit City of Tucson,Arizona Alternative Energy Study(CNG, LNG, Biodiesel) j Silver City, New Mexico System Analysis/Program Implementation i City of Mercer Island,Washington Rate Review/SW Consulting City of Coolidge, Arizona System Analysis/Service Procurement Kodiak Island Borough,Alaska I SW Management Plan/Collection System Procurement City/Borough of Juneau,Alaska SW Management Plan City of Richland,Washington Operational/Program Review and Rate Setting South Utah Valley SW District, Utah SW Facility Plan Wyoming Planning Areas,Wyoming I SW Management Plans(21 plans) Hunt Corporation, El Paso, Texas Landfill Feasibility Analysis 1 Santa Fe SWMA,Santa Fe, New Mexico I SW Management Plan City of Laramie,Wyoming — SW Rate Setting We have developed several rate models for residential, commercial container, and roll-off collection services as well as for transfer operations, long-haul transport, and landfill disposal. But knowing what numbers to input into a spreadsheet is only a small portion of the knowledge necessary to set rates. The consultant needs to also understand the daily operations of waste management, operational costs, the changes in the economy, evolving regulatory requirements and customer demands so that they can construct a rate structure that is responsive to these changes while ensuring adequate revenue to provide the services expected by the citizens of Ashland. Bell&Associates,Inc. 2 City of Ashland Solid Waste Cost and Rate Analysis Proposal Operational Review and Rate Setting /Commercial Food Waste Analysis Client: City of Eugene, Oregon — Reference: Nancy Young, Ph. 541-682-6849 In 2010 Bell &Associates assisted the City with an update of the annual cost and operational reports submitted by the City's six licensed haulers as well as the method used to calculate collection rates. The new approach was in response to the implementation of new programs being considered by the City. During 20111 e , Mr. Bell assisted City staff with an updated rate schedule for residential, commercial, and drop box service as well as the implementation of a commercial food waste collection program. Annual Collection System Financial /Operational Review and Rate Setting Client: Clackamas County, Oregon — Reference: Rick Winterhalter, Ph. 503-742-4466 Mr. Bell has performed the annual solid waste review for this county since 2001. The financial and operational review consists of 16 separate hauling companies serving the county's 46,300 residential and 2,100 commercial customers in the unincorporated urban and rural areas. The county is segregated into four distinct regions: the heavily populated Urban Region near the 1-205 corridor, the sprawling Rural Region just outside the Metro Urban Growth Boundary, the Distant Rural Region adjacent to the Mount Hood National Forest, and the,Mountain Region on Mount Hood. Operating results for each region are analyzed, adjusted, aggregated, and then projected for the current year. Annual Solid Waste Contract Compliance Audit Client: City of Bellevue, Washington -- Reference: Tom Spille, Ph. 425-452-6964 Mr. Bell had completed the annual review of Allied Waste of Bellevue's tom ; collection operation for the Utility Department for the past seven years. The 1 r y overall objective is to determine whether specific requirements have been Y®O -- fulfilled in accordance with the collection contract. In addition, data reported to the City is analyzed and the methodology used to collect the data is reviewed. An agreed upon procedures report is issued to the City on the findings of the engagement. Residential Roller Cart Recycling Implementation Client: Cities of Beaverton and Tigard, Oregon — Reference: Scott Keller, Ph 503-526-2271 Mr. Bell worked with City staff, franchised haulers, and recycling processors to implement a fully automated roller cart collection system for the neighboring ' Cities' 28,000 combined residential customer's. The dual-stream, co-mingle system allows the mixing of all materials with the exception of glass and motor 1 oil. The overall objective was to keep the implementation and collection system cost low by increasing collection productivity and collected materials, and by standardizing the entire collection fleet (solid waste, recycling, and yard debris). The cart program is expected to collect 10,350 tons of recoverable material a year, or 750 pounds per residential customer. The rate impact in the City of Tigard was$0.70 a month and$0 in the City of Beaverton. Bell&Associates,Inc. 3 City of Ashland Solid Waste Cost and Rate Analysis Proposal The project consultant's primary objective is to assist City staff with their regulatory responsibility of setting collection rates for the franchised collection companies. This is accomplished by reviewing the annual reports submitted by the franchised collection companies and other necessary information to determine the cost of providing solid waste and recycling services.To complete the rate review tasks, Bell &Associates utilizes an in-depth and proven work plan. Once the review of the annual reports has been - completed, assessing the cost of providing services is the next step. If the rates need to be adjusted to keep the franchised companies within the allowable margins, then the final step is to calculate the adjustments to the collection rates. ,4.1 PROJECT MANAGEMENT APPROACH The following approach is a proven program used to meet the project objectives requested by the City and it ensures that our evaluation techniques are uniformly prescribed and performed on a coordinated basis. It lays out the.procedures and responsibilities for specific tasks necessary to complete the rate review. The approach is based on the assumption that we will receive a certain level of assistance from City personnel and the franchised hauler. This assistance includes preparation and delivery of requested information, responding to inquiries and requests for additional information, and project input. The project consultant will assist the City by reviewing the rate increase submitted by the franchised hauling company and other necessary information to determine the cost of providing solid waste and recycling collection services to the City.We will complete the following tasks: 1. Review and analyze data submitted on the rate request. Adjustments to the report will be made when necessary to correct anomalies or reflect the cost of service. 2. Calculate the returns for each line of business as well as the composite. 3. Project composite revenues and expenses for future years. 4. Report the results of the review to the City project manager and City Council. Our project management approach is based on three following critical elements: 1). Effective communication, 2) Being responsive to City staff and the franchised hauler, and 3) Executing a proven and effective work program with experienced personnel. All work will be thoroughly planned and documented both electronically and in hard copy. These elements used in combination during the project will ensure the work is completed on schedule and within budget. The table on the following page summarizes the project tasks and the estimated hours for completion. Bell &Associates,Inc. 4 • City of Ashland Solid Waste Cost and Rate Analysis Proposal Program Rate Review — Cost of Service Analysis Summary Work Time 1. Data request of City solid waste collection franchise agreement and solid waste regulations. Current agreement will be reviewed and suggestions and/or 6 hours recommendations on current and future rate policy and approach. 2. Data request of hauler cost and operational information. In additional to the rate increase request, additional information will be required to substantiate the claim for the rate increase.Additional information will include, but not limited to the 6 hours following: operational costs, customer data, equipment depreciation schedules, disposal and recycling tonnages, and administrative costs. 3. Import submitted information into the analysis templates. Review reported Information for completeness and any obvious errors. Once the initial review has 4 hours been completed, the report will be sent to the City program manager. 4. Analysis of the Hauler Cost and Operational Data a) Using a predictive test of revenue for each line of business,ensure the reported revenues are reasonable for the number of reported customers. b) Based on the market conditions for the reviewed year,determine if recycling revenues from the sale of materials is reasonable based on the reported customers. c) Using the reported Direct Cost line items determine if the expense is reasonable in 8 hours relation to the census data entered from the detailed cost report. d) Determine if the reported tip fee is reasonable using a predictive test of disposal cost. e) Using the reported G&A line items,determine if the expense is reasonable in relation to the census data entered from the detailed cost report. f) Perform additional analysis if necessary. g) Compare current year results to prior years. 5. Follow up with hauler on cost and operational questions. If necessary, adjustments to the rate request will be made to ensure an accurate portrayal of the cost of service that will be presented to the City Council for consideration. Each 6 hours adjustment will be discussed with all stakeholders prior to being made on the cost. of service analysis. 6. Projection of future year costs will be completed using known costs to project the future year's results to determine the need for a rate increase. Rate Setting (if 8 hours necessary).Assess fees based on the cost of service for each line of business or on the composite system. Bell &Associates, Inc- 5 City of Ashland _ Solid Waste Cost and Rate Analysis Proposal 7. Complete a draft report of the results and present to City Council in a work session for review and consideration. Report will include recommendations of 24 hours current and future rate policy issues and annual reporting of costs to the City. 8. Follow up on City Council input and submit final report and collection rates to 8 hours City program manager for consideration by City Council 5.0 PROJECT This proposed approach and schedule are based on the assumption that we will receive an adequate level of assistance from City staff and franchised hauler personnel. This includes preparation of the requested information, responsive to inquiries and requests for additional information, and project input. Task Description Hours Cost 1. Data Request and Review of City Agreement and Regulations 6 $536 2. Request of Hauler Information 6 $536 3. Import Cost Data and Initial Review 4 $1,072 4. Analysis of the Detailed Costs 8 $2,144 5. Adjusting Reports 6 $1,072 6. Projection of Future Costs/Rate Calculation 8 $536 7. Draft Report/Works Session Meeting with City Council 24 $804 8. Finalize Report 8 $1,608 Travel from Camas to Ashland (600 miles @ $0.55) $330 Project Totals 70 $9,826 The fees for this project are based on the estimated time to complete the project. This proposed fee is a not to exceed fee based on the outlined work program. If the projects can be completed in less than our estimates, then Bell &Associates will bill accordingly. If we find it will take considerably more time, due to a change in scope, we will discuss any changes with City staff and will not proceed without prior written authorization. Fees for the project are estimated at$ 9,826 (70 hours x $140 per hour). Unless otherwise agreed in writing, fees will be billed monthly at the first of each month for the preceding month and will be payable within 30 days of the date of the invoice. Bell &Associates, Inc. 6 Christopher I Bell, CPA a—iELL i& Associates, Inc. President— Bell & Associates, Inc. Solid Waste & Recycling Consultants Certifications Chris Bell, CPA is a Certified Public Accountant practicing in the field of integrated solid waste management with an emphasis in the Certified Public Accountant financial analysis and operational evaluation of solid waste and Oregon (10,451) recycling,collection systems. He has assisted numerous public and Illinois (73,391) private entities with setting collection rates, program implementation, financial and performance audits, planning, franchise reporting, and Affiliations systems analysis. American Institute of Certified Prior to solid waste consulting, Mr. Bell served as Assistant Divisional Public Accountants (AICPA) Controller for Waste Management of Oregon. His responsibilities Oregon Society of Certified were the monthly financial close, budgeting, reconciliation, reporting, Public Accountants operational performance analysis, audit preparation, and annual franchise reporting for three separate collection companies and two Solid Waste Association of North transfer stations. In addition, Mr. Bell was in charge of fixed assets America (SWANA) and accounts payable for all six Oregon and Southwest Washington Association of Oregon Recyclers collection companies. New Mexico Recycling Coalition During 2010, Mr. Bell has completed the following solid waste related tasks: Work History •. Reviewed the operational and financial results of over 49 Bell&Associates, Inc. separate solid waste collection companies for 14 different President 2003-Present jurisdictions from Oregon, Washington, Wyoming, New Merina & Company, LLP Mexico, and Arizona. CPAs and Consultants Provided seven jurisdictions from seven western states with Manager of Consulting Services integrated solid waste management assistance. 2001 — 2003 Set solid waste and recycling collection rates for over 224,000 residential and 15,000 commercial customers in seven Waste Management of Oregon jurisdictions. Asst. Divisional Controller 1999- 2001 Recent Project Experience Bidwell& Company, Accountant • Integrated SW Management Plan—Kodiak Island, Alaska 1998- 1999 . Solid Waste & Recycling System Planning —North Pointe Quincy Broadcasting Company Solid Waste District, Orem, Utah Accounting Supervisor . Financial Analysis and Rate Setting for a County SW System 1995- 1998 Yakima County, Washington Moore Corporation . Financial I Operational Reviews of Franchised Solid Waste & Cost Analyst Recycling Collection Operations—Six Oregon cites 1994-1995 United States Air Force Solid Waste Collection Procurement—Mercer Island,WA Law Enforcement Patrolman • Alternative Fuels Study—Tucson, Arizona 1989- 1993 . Integrated SW Plan—1-80 Planning Group, Wyoming Education . Automated Collection System Implementation — Fairview, OR Bachelor of Science . Solid Waste Transfer Rate Setting —Columbia County, OR Business Management 1993, Park University . Solid Waste & Recycling Collection Contract Compliance Audit Bellevue, Washington 1628 NW 33rd Way Phone 360.210.4344 Camas,WA 98607 Fax 360.326.8925 Past and Current Solid Waste & Recycling Projects Christopher J. Bell, CPA Year Client Project(s) 2004 & 2010 City of Troutdale, Oregon Operational and Rate Review 2005 to 2010 City of Salem, Oregon Franchise Fee Audit/ Rate Review 2005 Washington County, Oregon Franchise System Analysis 2001 to 2011 City of Gresham, Oregon Operational and Rate Review/ System Analysis 2001 to 2011 City of Hillsboro, Oregon Operational and Rate Review 2001 to 2010 City of Beaverton, Oregon Operational and Rate Review 2001 to 2011 Clackamas County, Oregon Rate Review/ Program Review 2004 to 2005 Metro Regional Government, Oregon Food Waste Analysis/ Rate Setting 2005 to 2010 City of Bellevue, Washington Contract Audit 2005 to 2006 City of Lewiston, Idaho System Procurement 2001 to 2010 City of Tigard, Oregon Operational and Rate Review/ Program Implementation 2006 Wheeler County, Oregon SW Management Plan Update 2005/ 2007 Silver City, New Mexico System Analysis/ Program Implementation 2006/2008 City of Boise, Idaho SW Management Plan/System Procurement 2006 Linn County, Oregon Household Hazardous Plan 2006 Union /Baker/Wallowa Counties, Oregon Household Hazardous Plan 2006 /2010 City of Mercer Island, Washington Rate Review/ SW Consulting 2007 /2008 City of Coolidge, Arizona System Analysis/ Program Implementation / Service Procurement 2007/2010 Kodiak Island Borough SW Management Plan/Collection System Procurement 2007/2008 City/ Borough of Juneau SW Management Plan 2007 Skagit County, Washington SW Facility Plan 2007/2008 Thurston County, Washington SW Facility Plan / SW Management Plan 2007 South Utah Valley SW District, Utah SW Facility Plan 2007/2010 Wyoming Planning Areas SW Management Plans (21 plans) 2007 /2008 City of Boise, Idaho SW Management Plan /Collection Contract Analysis 2008 Tidewater Barge Lines, Vancouver, WA SW Transportation Proposal 2008 North Pointe SW District, Ogden, UT SW Facility Plan 2008/2009 Clatsop County, Oregon HHW Plan 2008 to 2010 Yakima County, Washington Landfill Rate Evaluation / Rate Setting / SW Consulting 2008 /2010 Richland, Washington Performance Analysis/ Rate Review/ Rate Setting 2008 to 2011 City of Albuquerque, New Mexico SW Management Plan/ Cost of Service Rate Study 2010 Hunt Corporation, Arizona Landfill Feasibility Analysis 2010 Colville Confederated Tribes, Washington SW Collection and Cost Assessment 2009/2010 Santa Fe SWMA, Santa Fe, New Mexico SW Management Plan 2010 to 2011 City of Laramie, Wyoming SW Rate Setting 1628 NW 33rd Way Phone 360.210.4344 Camas, WA 98607 Fax 360.326.8925 "Cil 1 Y RECORDER Page 1 / 1 �. CITY O F ASHLAND DATE PO NUMBER 20 E MAIN ST. 3/23/2012 10774 ASHLAND, OR 97520 (541)488-5300 _ VENDOR: 016806 , SHIP TO: City Of Ashland BELL &ASSOCIATES INC (541) 488-6002 1628 NW 33RD WAY 20 E MAIN STREET CAMAS,-WA 98607 ASHLAND, OR 97520. FOB Point: _ Req.No.: Terms: Net Dept.: Req. Del.Date: contact: Diana Shiplet Special lnst confirming? NO Quant4 Unit - Description - - Unit Price Ext.Price Consultant to provide City of Ashland 9,826.00 with solid waste collection rate consulting services in conjunction with the rate increase request by Recologv. Contract for Personal Services Beginning date: 03/15/2012 Completion date: 05/01/2012 Insurance required/On file SUBTOTAL 9,826.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 9,826.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number'- Project Number - Amount E 710.01.02.00.604100 9,826.00 A o rized S�i�g titure VENDOR COPY ' FORM0 CITY of ,, ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name Address,City,State,Zip I a w A Contalpt Name&Telephone Number _ Fax Number 367o SOURCING METHOD ❑ Exempt from Competitive Pi din ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ AMC 2.50 - Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quotes)or proposal(s) ❑ Slate of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100.000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Written Findings(Form #9 attached) Intergovernmental Agreement $5.000 to$75.000 ❑ Written quote or proposal attached ❑ Agency N Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council: ❑ 3 Written proposals attached Valid until: Date (Date) Description of SERVICES. Total Cost 'f'ro 1AL t n,rrv�b6- 6k w4k &W Kx4e.eol"rvt ma e ctrrt51A'66 �rtd�,CS in QnJuA�-inlwt�(-�'Ffi� ra{t inc��e K �Kecola�,. $ 9r Ua(a Item # Quantity Unit Description of MATERIALS Unit Price Total Cost F1 Per attached quotelproposal TOTAL COST Project Number__-------_ Account Number Account Number .11-0- Ip04lOQ Account Number—__---- - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By s' ring this r 'si' n form, I certify that the City's public contracting require nts"have been fed.' Employee Signature: Department Head Signature:Additional signatures signatures(if applicable): (Equal to or (eater than$5,000) Funds appropriated for current fiscal year: l/�S / NO f��L3 Ze/ l Firiance Director-(Equal o or 6rdater than$5,000) Date Comments: Form#3-Requisition CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Dave Lohman, City Attorney Date: March 7, 2012 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local-Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background In 2011 Recology requested a rate increase of 23%. After deliberations, the City Council awarded an 11.2% increase and committed to conduct a rate analysis to determine if an additional rate increase is justified and to follow up with subsequent actions dependent upon such analysis. A qualified, experienced rate analyst will be engaged through a personal services contract under$35,000, which requires the City to solicit three proposals. Administration contacted: 1. Bell and Associates, the only firm that submitted a proposal; 2. FCS Group, which declined because they only do rate analysis for public entities; 3. Armanino McKenna LLP, which did not respond to the City's request. Administration checked with some other cities in Oregon which have used Bell and Associates for solid waste collection rate analysis and found a high level of satisfaction with their work. A staff member of the League of Oregon Cities provided a similarly favorable review. Note that under Ashland's contracting rules, Council approval is not required for a personal services contract in this amount. However, given the sensitivity of and community interest in this matter, staff elected to seek Council concurrence with this contract. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? No current city staff has the expertise to conduct the analysis of solid waste rates. Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 1,3/9/2012