HomeMy WebLinkAbout2020-008 20200289 Cascade Charter Co.SERVICES AGREEMENT (less than $25,000)
CONSULTANT: Cascade Charter Company, LLC
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v CONTACT: Gregory S. Schuler
a„E�pE 2 ADDRESS: 2800 Biddle Road
>y`S J, o
Medford. OR 97504
20 East Main Street
Ashland, Oregon 97520 TELEPHONE: (541) 776-7530
Telephone: 541 /488-5587
Fax: 541 /488-6006
j EMAIL: levison@cascadecharter.com
This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an
Oregon municipal corporation (hereinafter "City") and Cascade Charter Company, LLC ("hereinafter
"Provider"), for the restricted use appraisals for the Nutley Property located adjacent to 114 Granite Street and
the Tuttle Property located at 309 Granite Street in Ashland, Oregon.
L. PROVIDER'S OBLIGATIONS
1.1 Provide appraisal services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by
this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any
completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of
such deadline may be authorized except in the same manner as herein provided for authority to exceed
the maximum compensation. The services defined and described in the "SUPPORTING
DOCUMENTS" shall hereinafter be collectively referred to as "Work."
1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance
of all Work received hereunder, a policy or policies of liability insurance including commercial general
liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two
million dollars) per occurrence for Bodily Injury and Property Damage.
1.2.1 The insurance required in this Article shall include the following coverages:
Comprehensive General or Commercial General Liability, including personal injury,
contractual liability, and products/completed operations coverage; and
Automobile Liability.
1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form and
shall:
• Name as additional insured "the City of Ashland, Oregon, its officers, agents and
employees" with respect to claims arising out of the provision of Work under this
Agreement;
• Apply to each named and additional named insured as though a separate policy had been
issued to each, provided that the policy limits shall not be increased thereby,
• Apply as primary coverage for each additional named insured except to the extent that
two or more such policies are intended to "layer" coverage and, taken together, they
provide total coverage from the first dollar of liability;
• Provider shall immediately notify the City of any change in insurance coverage
Page 1 of 5: Agreement between the City of Ashland and Cascade Charter Company, LLC
• Provider shall supply an endorsement naming the City, its officers, employees and agents
as additional insureds by the Effective Date of this Agreement; and
• Be evidenced by a certificate or certificates of such insurance approved by the City.
1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with
ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of
its subject employees.
1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status,
familial status or domestic partnership, national origin, age, mental or physical disability, sexual
orientation, gender identity or source of income, suffer discrimination in the performance of this
Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees
not to discriminate against a disadvantaged business. enterprise, minority -owned business, woman -
owned business, a business that a service -disabled veteran owns or an emerging small business
enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110.
1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under
this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.
1.6 Living Wage Requirement: If the amount of this Agreement is $21,127.46 or more, Provider is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as
defined in that chapter, to all employees performing Work under this Agreement and to any
subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required
to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all
employees.
2.. CITY'S OBLIGATIONS
2.1. City shall pay Provider the sum of $3900.00 (three thousand nine hundred dollars) provided
herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS.
2.2. In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed
the sum of $3900.00 (three thousand nine hundred dollars) without express, written approval from the
City official whose signature appears below, or such official's successor in office. Provider expressly
acknowledges that no other person has authority to order or authorize additional Work which would
cause this maximum sum to be exceeded and that any authorization from the responsible official must
be in writing. Provider further acknowledges that any Work delivered or expenses incurred without
authorization as provided herein is done at Provider's own risk and as a volunteer without expectation
of compensation or reimbursement.
Page 2 of5: Agreement between the City of Ashland and Cascade Charter Company, LLC
3.. GENERAL PROVISIONS
3.1. This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from
Provider and is free to procure similar types of goods and services from other providers in its sole
discretion.
3.2. Provider is an independent contractor and not an employee or agent of the City for any purpose.
3.3. Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability
insurance, paid leave, and retirement.
3.4. All Work product or documents produced in furtherance of this Agreement belong to the City, and any
copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in
and is hereby assigned to the City.
3.5. This Agreement embodies the full and complete understanding of the parties respecting the subject
matter hereof. It supersedes all prior agreements, negotiations, and representations between the
parties, whether written or oral.
3.6. This Agreement may be amended only by written instrument executed with the same formalities as
this Agreement.
3.7. The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 279B.220, 279B.230 and 279B.235.
3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of
laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in
the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal
court, in which case exclusive venue shall be in the federal district court for the district of Oregon.
Each party expressly waives any and all rights to maintain an action under this Agreement in any other
venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its
venue transferred, as appropriate, so as to effectuate this choice of venue.
3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and
agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and
expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its
officers, employees, contractors, or agents under this Agreement.
3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or
the other's officers, employees or agents.
3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable,
such provision shall not affect the other provisions, but such unenforceable provision shall be deemed
modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the
intent of Provider and the City set forth in this Agreement.
Page 3 of 5s Agreement between the City of Ashland and Cascade Charter Company, LLC
4. SUPPORTING DOCUMENTS
4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are
collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:"
The Provider's quote dated December 5, 2019.
4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually
complimentary and supplementary wherever possible. In the event of a conflict which cannot be so
resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of
the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the
SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the
order listed in Subsection 4.1.
5. REMEDIES
5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the
remedies available to it under this Agreement and at law or in equity, including, but not limited to:
5.1.1 Termination of this Agreement;
5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled
completion dates or any Work that have been delivered inadequately or defectively;
5.1.3Initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief;
5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may
pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement
or for anticipated, profits. If previous amounts paid to Provider exceed the amount due, Provider shall
pay immediately any excess to City upon written demand provided.
6. TERM AND TERMINATION
6.1 Term
This Agreement shall be effective from the date of execution on behalf of the City as set forth below
(the "Effective Date") and shall continue in full force and effect until June 30, 2020, unless sooner
terminated as provided in Subsection 6.2.
6.2 Termination
6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time.
6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement
for any reason deemed appropriate in its sole discretion.
6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior
written notice if the cause is not cured within that fourteen (14) day period after written notice.
Such termination is in addition to and not in lieu of any other remedy at law or equity.
7. NOTICE
Page 4 of 5: Agreement between the City of Ashland and Cascade Charter Company, LLC
Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in
writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or
by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the
address set forth below:
If to the City:
City of Ashland — Ashland Parks and Recreation Department
Attn: Michael A. Black, AICP
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 552-2254
With a copy to:
City of Ashland — Legal Department
20 E. Main Street
Ashland, OR 97520
Phone: (541) 488-5350
If to Provider:
Cascade Charter Company, LLC
Attn: Gregory S. Schuler
2800 Biddle Road
Medford, OR 97504
(541) 776-7530
8. WAIVER OF BREACH
One or more waivers or failures to object by either party to the other's breach of any provision, term,
condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent
breach, whether or not of the same nature.
9. PROVIDER'S COMPLIANCE WITH TAX LAWS
9.1 Provider represents and warrants to the City that:
9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply
with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this
Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
Page 5 of 5: Agreement between the City of Ashland and Cascade Charter Company, LLC
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any
political subdivision of the State of Oregon shall constitute a material breach of this Agreement.
Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material
breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate
this Agreement and to seek damages and any other relief available under this Agreement, at law, or in
equity.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND: Cascade Charter Company, LLC
By:
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Printe Name
Title
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Date
Purchase Order No.
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Signature
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Printed Name
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Title
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is to be submitted with this signed Agreement)
Page 6 of 5: Agreement between the City of Ashland and Cascade Charter Company, LLC
CERTIFICATIONSBEPRESENTATIONS: Consultant, by and through its authorized
representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9
form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant
is not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it
has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified
it that it is no longer subject to backup withholding. Consultant further represents and warrants
to City that: (a) it has the power and authority to enter into this Agreement and perform the
Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation
of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall
be performed in accordance with the highest professional standards, and (d) Consultant is
qualified, professionally competent, and duly licensed (if applicable) to perform the Work.
Consultant also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to
do business in the State of Oregon, and Consultant has checked four or more of the following
criteria that apply to its business.
(1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private residence, set aside as the location of
the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used: for the business separate from the personal residence
listing. '
(/ (4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period
of one year.
(6) Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission (professional liability) insurance or liability insurance
relating to the Work or services to be provided.
Consultant's signature
Date
Page 2 of I EXHIBIT C
EXHIBIT A
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
,. 4 W
per hour, effective June 30, 2018.
!U1 The Living Wage is adjusted annually every
June 30 by the Consumer Price index.
for all hours worked render a
service contrary between their
employer and the City of
Ashland if the contract
exceeds $21,127_46 or more_
For al hours worked On a
month if the employee spends
50% or more of the
employee's time in that with
working on a project or portion
For additional information:
of business of their employer,
if ttw e-rnpioyer has ten or
more empioyees, and has
repel financial assistance
for the project or business
from the City of Ashland in
excess of $21,127.46.
If their employer is the City of
Ashland, including the Parks
and Recreation Department
r In calculating the living wage,
employs may add the vslo'e
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
chitdcare) benefrts to the
amount of wages recet ed by
the employee.
x Hobe: For temporary,and
parLtkne employees, the
LWq Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more detarls, please see
Ashland Municipal Code
sec m 3.12.020.
Call the Ashland City Administrator's office at 541488,6002 or write to the City Administrator,
City Ball: 20 East Main Street, Ashland, FOR 97520, or visit the CiWs webs to at wlwwAshlarlti_OLUS.
Notice to Employers. This notice must be posted predominantly in areas where it can be
seen by all employees.
r.ITy OF
ASH LAN D
Exhibit A — City of Ashland Living Wage 2018
CASCADE CHARTER COMPANY, U.0
LAWRENCE E. BROWN, MAI CRE (1942 - 1990)
GREGORY S. SCHULER
DAVID M. MATLOCK
MARGARET NELSON-QUIN
BROOKE LEVISON
DEB CHRISTOPHERSON
December 5, 2019
Michael A. Black, AICP
Director, Ashland Parks and Recreation Commission
VIA EMAIL
michael.black@ashiand.or.us
Reference: Restricted use appraisals of the properties known as the Nutley
Property located adjacent to 114 Granite Street and the Tuttle Property
located at 309 Granite Street In Ashland, Oregon.
Dear Mr. Black;
Based upon your request, we are pleased to submit a proposal for
restricted use appraisal services to be rendered in connection with the above
referenced properties. It Is our understanding that this appraisal will be utilized by the
City of Ashland Parks and Recreation Commission and/or others for Internal decision
making purposes. Upon receipt of a fully executed contract, we shall prepare
restricted use appraisals to determine a range of values for acquisition or disposition
purposes.
It Is our understanding the Nutley property consists of a 0.15 acre
portion of Map 39-1 E-09, Tax Lot 100. The Tuttle Property represents an
approximate four acre portion of a larger eight acre site.
The fee for this assignment will be the sum of $1,950 per property
assuming both assignments are completed together. The appraisal report .& ill be
delivered within 45 day of receipt of the fully executed contract that will be provided
by the City of Ashland.
If you have any questions regarding this proposal, please call.
Respectfully submitted,
CASCADE CHARTER COMPANY, LLC
i�Ul 0`7 e!; 4L_
Gregory S. Schuler
2800 BIDDLE ROAD MEDFORD, OREGON 97504 (541) 776-7530 FAX (541) 842-2873
CASCADE CHARTER COMPANY, LLC
LAWRENCE E. BROWN, MAI CRE (1942 - 1990)
GREGORY S. SCHULER
DAVID M. MATLOCK
MARGARET NELSON-QUIN
BROOKE LEVISON
DEB CHRISTOPHERSON
December 5, 2019
Michael A. Black, AICP
Director, Ashland Parks and Recreation Commission
VIA EMAIL
michael.black@ashland.or.us
Reference: Restricted use appraisals of the properties known as the Nutley
Property located adjacent to 114 Granite Street and the Tuttle Property
located at 309 Granite Street In Ashland, Oregon.
Dear Mr. Black:
Based upon your request, we are pleased to submit a proposal for
restricted use appraisal services to be rendered in connection with the above
referenced properties. It is our understanding that this appraisal will be utilized by the
City of Ashland Parks and Recreation Commission and/or others for internal decision
making purposes. Upon receipt of a fully executed contract, we shall prepare
restricted use appraisals to determine a range of values for acquisition or disposition
purposes.
It Is our understanding the Nutley property consists of a 0.15 acre
portion of Map 39-1 E-09, Tax Lot 100. The Tuttle Property represents an
approximate four acre portion of a larger eight acre site.
The fee for this assignment will be the sum of $1,950 per property
assuming both assignments are completed together. The appraisal report will be
delivered within 45 day of receipt of the fully executed contract that will be provided
by the City of Ashland.
If you have any questlons regarding this proposal, please call.
Respectfully submitted,
CASCADE CHARTER COMPANY, LLC
i�� "-7 e!; 44 L
Gregory S. Schuler
2800 BIDDLE ROAD MEDFORD, OREGON 97504 (541) 776-7530 FAX (541) 842-2873
�8 H,(
� C
9 O
RECREoP.nJ` ..
B Ashland Parks Commission
I ATTW Accounts Payable
L 20 E. Main
L Ashland, OR 97520
T Phone:541/552-2010
O Email: payable@ashland.or.us
V
E CASCADE CHARTER COMPANY, LLC
N 2800 BIDDLE-ROAD
D MEDFORD, OR 97504
0
R
Purchase Order
Fiscal Year 2020 Page: 1 of: 1
Purchase 20200289
Order #
S
C/O Parks Department
H
Admin Office
1
340 South Pioneer
P
-Ashland, OR 97520
T
Phone:541/488-5340
O
Fax:541/488-5314
Michael Black
12/19/2019 2712 FOB ASHLAND OR/NET30
Parks Accounts Pa able
Property Appraisals
1
Property appraisals 114 Granite Street and 309 Granite Street
1
$3,900.0000
$3,900.00
Personal Services Agreement
Completion date: 06/30/2020
Project Account: E-000743-999 $3,900.00
GL SUMMARY
L_
123000 - 704200 $3,900.00
By: n� Date:
Authorized Signature
FORM #3
REQUISITION
0 Vendor Name Cascade Charter Company LLC.
Address, City, State, Zip 2800 Biddle Road Medford OR 97504
Contact Name & Telephone Number Gregory S Schuler 541-776-7530
Email address
levision@cascadecharter.com
SOURCING METHOD
CITY OF
-.SHLAND
to of request: 12/16/19
quired date for delivery:
❑ Exempt from Competitive Bidding
❑ Invitation to Bid
❑ Emergency
❑ Form #13, Written findings and Authorization
❑ Reason for exemption:
❑ AMC 2.50
Date approved by Council:
❑ Written quote or proposal attached
❑ Written quote or proposal attached
Attach copy of council communication
If council approval required, attach copy of CC
❑■ Small Procurement
❑ Request for Proposal
Cooperative Procurement
Not exceeding $5,000
Date approved by Council:
❑ State of Oregon
❑■ Direct Award
_(Attach copy of council communication)
Contract #
❑ Verbal/Written bid(s) or proposal(s)
❑ Request for Qualifications (Public Works)
❑ State of Washington
Date approved by Council:
Contract #
Attach copy of council communication
❑ Other government agency contract
Agency
Intermediate Procurement
❑ Sole Source
GOODS & SERVICES
❑ Applicable Form (#5, 6, 7 or 8)
Contract #
Greater than $5,000 and less than $100,000
❑ Written quote or proposal attached
❑ Form #4, Personal Services $5K to $75K
Intergovernmental Agreement
Agency
❑ (3) Written bids & solicitation attached
PERSONAL SERVICES
❑ Annual cost to City does not exceed $25,000.
❑ Special Procurement
Greater than $5,000 and less than $75,000
❑ Form #9, Request for Approval
❑ Written quote or proposal attached
Agreement approved by Legal and approved/signed by
City Administrator. AMC 2.50.070(4)
FNI Less than $35,000, by direct appointment
❑ (3) Written proposals & solicitation attached
Date approved by Council:
❑ Annual cost to City exceeds $25,000, Council
❑ Form #4, Personal Services $5K to $75K
Valid until: Date
approval required. (Attach copy of council communication)
Description of SERVICES Total Cost
property appraisals 114 Granite Street and 309 Granite Street
$ 3900.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
❑■ Per attached quote/proposal
Project Number 000743_ . 99Account Number 123000 0704200
TOTAL COST
$ 3900.00
Project Number _____--- _____ 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:
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee(-"/ Department Head: _
Department Manager/Supervisor: City Administrator:
Funds appropriated for current fiscal year: YES / NO
Comments:
IT Director Date Support -Yes / No
(Equal to or greater than $5,000)
(Equal to or greater than $25,000)
Deputy Finance Director- (Equal to orgreater than $5,000) Date
Form #3 - Requisition