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HomeMy WebLinkAbout2021-058 PO 20220130- Lomakatsi Restoration Project Purchase Order "n . l u ER � Fiscal Year 2022 Page: 1 of: 1 LIFIVIELEM r 'i`te �e _= 671E B City of Ashland �; I ATTN: Accounts Payable Purchase Ashland, OR 97520 Order# 20220130 T Phone: 541/552-2010 O Email: payable©ashland.or.us V H C/O Fire and Rescue Department E LOMAKATSI RESTORATION PROJECT I 455 Siskiyou Blvd N PO BOX 3084 p Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/482-2770 O 2 T Fax: 541/488-5318 R ['^:.:t.: _ _/=,D_ „ 6;a a 1==e4 1eE€IF 1!{[el@=tL0192 eI:l - Pini led l (541) 488-0208 Chris Chambers €te el=@'iB . e:,==DMMEfl—e d 1 1-e:- €elle;111[=1?82=2°i:z1922l= e7=a Ht.ord.—Me:4M 09/09/2021 540 FOB ASHLAND OR City Accounts Payable J _ -- - — - =4 -Ce= _--13_��3iiti7:Fli_�1TI3L-/ ��� �E�jIc2- �.T E.- �r-0�a 2021 Youth Summer Program 1 Ashland Watershed Youth Training and Employment Program 1.0 $5,000.00 $5,000.00 Summer 2021 Goods and Services Agreement Completion date: July 31, 2021 - Project Account: ***************GL SUMMARY*************** 072900-604160 $5,000.00 • r J B . ' J\\111111.111.111.1.1""Date: 1W\\.`©` Authori e• Signature _ $5 000.00 . FORM #3 c l r v O F • ++� ., .. ��.:_ . .. ". •. ASHLAND ;z"; ll'ru;'1 1 's i 1i g r C l.)r•�r;: �,�!i ' ;�,1 .:1i�1�.,�_�'��:i �; ir✓Wer_�i�,>_�7._, .�,li���•::�. , REQUISITION Date of request: 06/25/2018 Vendor Name Lomakatsi Restoration.Project ' Address,City,State,Zip Mailing: P.O.Box 3084 Ashland,OR 97520 Physical: 645 Washington Street,Ashland,OR 97520 Contact Name Shane Jimerfield . Telephone Number (541)488-0208 Email address shane a(�,lomakatsi.orq SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency • ❑ Reason for exemption: 0 Invitation to Bid (Copies on file) 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) al Small Procurement ' Cooperative Procurement Less than$5,000 0 Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council:_ Q Direct Award Attach copyof council communication) Contract# 0 Verbal/Written quote(s)or proposal(s) - —( ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) 0 Other government agency contract $5,000 to$100,000 0 Written quote or proposal attached Agency ❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Form#9,Request for Approval ❑ Agency ❑. Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposals/written solicitation Date approved by Council:_ . (Date) ❑ Form#4, Personal Services$5K to$75K Valid until:_ (Date) —(Attach copy of council communication) Description of SERVICES Total Cost Lomakatsi Restoration Project(LRP)will provide forestry services on City and USFS lands in the ' , : AFR Project area via the summer youth crew. :$5000.00. Item# Quantity Unit • Description of MATERIALS Unit Price Total Cost O Per attached quotelproposal . .TOTAL'COST:': Expenditure must be-charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. 5�00.0 •`' Project Number Account Number 0 7 2 9 0 0.6 0 4 1 6 0 $ 5 0 0 0 0 0 Project Number _ _ _ Account Number - $ , . ,_ _ _ Project Number . - _ _ Account Number 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. IT Director ;ate Suppo - _ /No III Employee: Chris Chambers Department Head: W(Equal to or greater than$5,000) • Department Manager/Supervisor: Chris Chambers City Administrator: - (Equal to or greater et� tyh�an$25,000) Funds appropriated for current fiscal year: l" '/ NO i�c Rte`" "'4+& :..,` - ` `2k Fi anc- Director-(Equal to orgreater Man$5,000) Date Comments: Form#3-Requisition GOODS & SERVICES AGREEMENT PROVIDER: Lomakatsi Restoration Project CITY OF PROVIDER'S CONTACT: Shane Jimerfield ASHLAND 20 East Main Street ADDRESS: P.O. Box 3084,Ashland, Oregon 97520 Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE: (541) 488-0208 Fax: 541/488-6006 EMAIL: shane@lomakatsi.org This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Lomakatsi Restoration Project, a 501(c)(3) non-profit organization. ("hereinafter "Provider"), for implementation of Ashland watershed,trail and forest maintenance on a combination of City-owned and U.S. Forest Service federal lands in and surrounding Ashland and our municipal watershed. The work will be accomplished as part of Lomakatsi's Ashland Watershed Youth Employment and Training program. PROVIDER'S OBLIGATIONS 1.1 Provide forest restoration, fuels maintenance,trail maintenance 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 goods and 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; Page 1 of 6: Agreement between the City of Ashland and Lomakatsi Restoration Project. • Provider shall immediately notify the City of any change in insurance coverage • 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 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement,the Providershall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. . 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. CITY'S OBLIGATIONS 1.1 City shall pay Provider the sum of$5,000.00(Five Thousand dollars)as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. ( 1.2 -In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$5,000.00 (five thousand dollars -this is the maximum,not to exceed amount of the entire Agreement) 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. 2. GENERAL PROVISIONS 2.1 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. 2.2 " Provider is an independent contractorand not an employee or agent of the City for any purpose. 2.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 2.4 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. Page 2 of 6: Agreement between the City of Ashland and Lomakatsi Restoration Project • 2.5 .This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 2.6 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 tinder 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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants 'that the Goods are new, current; and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. • Page 3 of 6: Agreement between the City of Ashland and Lomakatsi Restoration Project • 4. SUPPORTING DOCUMENTS 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 complete written proposal entitled"Special Funding Proposal to City of Ashland" dated May 28th, 2021. 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; 5.1.3 Initiation 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 July 31st 2021, 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 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—Fire Department Attn: Chris Chambers, Wildfire Division Chief 455 Siskiyou Boulevard Ashland, Oregon 97520 Page 4 of 6: Agreement between the City of Ashland and Lomakatsi Restoration Project With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, Oregon 97520 - Phone: (541)488-5350 If to Provider: • Lomakatsi Restoration Project Attn: Marko Bey,Executive Director 645 Washington St Ashland, OR 97520 (541)488-0208 • 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; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charterprovisions, 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. Page 5 of 6: Agreement between the City of Ashland and Lomakatsi Restoration Project • CITY OF ASHL• i • LOMAKATSI RESTORATION P' I JECT •By: (PROVIDER): : �i ature By: / /. Sig OC: • erts-ez-erqef Printe ame Shane Jimerfield Printed Name Title P 01=1)Director ? 7 - ( Title Date 7/1/2021 Date TA is to be submitted with this signed Agreement) Purchase Order No. C( Page 6 of 6: Agreement between the City of Ashland and Lomakatsi Restoration Project Lomakatsi Restoration Project Restoring Ecosystems,Sustaining Communities P.O. Box 3084 Ashland,OR 97520 (541) 488-0208 FAX(541)488-4909 V www/omakatsi,org LOMAKATSI I RESTORATION PROJECT Special Funding Proposal to City of Ashland May 28,2021 To: Chris Chambers,Wildfire Division Chief,Ashland Fire & Rescue From:Shane Jimerfield Program Director, Lomakatsi Restoration Project RE: Scope of Work for the Ashland Watershed Youth Training and Employment Program, Summer 2021 Lomakatsi's Ashland Watershed Youth Training and Employment Program (AWYTEP) engages young adults ages 16-18 in active, on-the-ground ecological restoration projects that benefit the Rogue River- Siskiyou National Forest and adjacent municipal and private lands. Projects are results-oriented,forest restoration efforts designed to meet the stewardship objectives of the larger AFR and AFARI initiatives. Now entering its ninth year,this program has received national recognition as a model for engaging a diversity of youth in building fire-adapted communities.AWYTEP is run in close coordination with the City of Ashland and US Forest Service Rogue River-Siskiyou National Forest (RRSNF),who have been integral in its success through planning,funding, and enhancing participants' experience through natural resources presentations and involvement in key program events. Contract Proposal Budget: $5,000 Services to be Performed: V The following are examples of services to be performed during the AWYTEP,which typically runs four weeks between June and July each summer. • 1. Utilize multicultural youth crew from underserved communities in the Rogue Valley to implement AFR/AFARI objectives V J 2. Maintain AFR/AFARI fuels reduction treatments by trimming and piling slash from ecological thinning 3. Rehabbing fire lines 4. Provide other services as needed in line with AFR/AFARI maintenance need , including removal of noxious weeks, and repair of trails • Wage 01? • DATE(MMIODIYYYY) ACO�I2O! - CERTIFICATE OF LIABILITY INSURANCE �.: 6/1/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN•THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may,require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). . PRODUCER CONTACT Protectors Insurance, LLC PHONE Kendall Pori FAX P.O.'Box 4669 (A/c.No.Esti:541-842-2963 (Ale,No):541-772-1906 Medford OR 97504 ADDREss: kendalip@protectorslns.com INSURER(S)AFFORDING COVERAGE NA/C# INSURERA:SAIF Corporation 524113 INSURED LOMAK-1 INSURER B:Ohio Casualty Insurance 24074 ' • Lomakatsi Restoration Project • PO Box 3084 • INSURER C: Ashland OR 97520 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1933822007 REVISION NUMBER: THIS IS TO CERTIFY THAT.THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED;TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD' INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUER - POLICY EFF POLICY EXP (NSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) LIMITS _ B X COMMERCIAL GENERAL LIABILITY Y Y BK060775756 4/17/2021 4/17/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 , POLICY X JECLOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: • Loggers Broad Form $1,000,000 B AUTOMOBILE LIABILITY Y Y BA060775756 4/17/2021 r 4/17/2022 (ECOMaacntlBIddeNED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED , PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) • B X UMBRELLA LIAB X OCCUR ES060775756 4/17/2021 4/17/2022 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED RETENTIONS $ A WORKERS COMPENSATION 992163 4/1/2021 4/1/2022 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBEREXCLUDED? , N/A • (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) As additional insured per policy endorsement C07635(0207): • CERTIFICATE HOLDER CANCELLATION SHOULD ANY,OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St AUTHORIZEDREPRESENTATIVE • Ashland OR 97520 ; � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD