HomeMy WebLinkAbout2020-030 PO 20200342- Dwyer, Andrew T Keg
cay _ Purchase Order
Fiscal Year 2020 Page: 1 of: 1
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B City of Ashland
L ATTN: Accounts Payable Purchase
L 20 E. Main 20200342
Ashland, OR 97520 Order#
T Phone: 541/552-2010
10 Email: payable@ashland.or.us
V H C/O Fire and Rescue Department
E DWYER, ANDREW T I 455 Siskiyou Blvd
N 1361 QUINCY ST 15H p .Ashland, OR 97520
O
ASHLAND, OR 97520 Phone: 541/482-2770
R T Fax: 541/488-5318
0
I .
Chris.Chambers
02/21/2020 4986 FOB ASHLAND OR/NET30 Ci Accounts Pa able
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FireWorks Curriculum
1 MODIFIED: Organize for FireWorks! Training and compile notes 1 $2,000.0000 $2,000.00
for curriculum modifications -PI E 2
Personal Services Agreement 1$25,000.00 or less)
Completion date: January 31, 2020
Project Account: E-000720-400
*************** GL SUMMARY***************
072900-606100 $2,000.00
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244 c/20 -
By: Date:
Authori ed Signature $2 000.00
6/....."/.../A0 V
FORM #3 .-// CITY OF
A request for a Pc ,1 e O�71�0= D 4S H LAN D
��
REQUISITION / Date of request: 02/13/2020
Vendor Name Andrew(Andy)Dwyer
Address,City,State,Zip 1361 Quincy Street,Ashland,OR 97520
Contact Name Andy Dwyer
Telephone Number (971)713-1323
Email address
dwyera@sou.edu
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: ❑ Written quote or proposal attached
❑ Written quote or proposal attached _(Attach copy of council communication) _(If council approval required,attach copy of CC)
D Small Procurement Cooperative Procurement
Less than$5,000
0 Request for Proposal (Copies on file) 0 State of Oregon
0 Direct Award Date approved by Council: Contract#
❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) ❑ State of Washington
Intermediate Procurement 0 Sole Source Contract#
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) 0 Other government agency contract
$5,000 to$100,000 0 Written quote or proposal attached Agency
O (3)Written quotes and solicitation attached 0 Form#4, Personal Services$5K to$75K Contract#
PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement
$5,000 to$75,000 0 Form#9,,Request for Approval 0 Agency
0 Less than$35,000,by direct appointment 0 Written quote or proposal attached Date original contract approved by Council:
O (3)Written proposals/written solicitation Date,approved by Council:_ (Date)
❑ Form#4, Personal Services$5K to$75K Valid until: (Date) —(Attach copy of council communication)
Description of SERVICES - Total Cost
Organize for FireWorks!Training and compile notes for curriculum modifications. . . • •
•:$-2;000:00 - . • •
Item# Quantity Unit Description of MATERIALS Unit.Price Total Cost
•
TOTAL:COST. '
0 Per attached quotelproposal $ • ,
Project Number 0 0 0_7 2 0. 4 0 0 Account Number 0 7 2 9 0 0-6 0 6 1 0 0 $ , • . .
Project Number _ _ _ Account Number • $ , ,_ _ _ _ _
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:
IT Director Date Support-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. I
Employee Department Head: iC�� /V �w
,ual to or greater than$5,000)
Department Manager/Supervisor: ity Administrator:
(Equal to or greater than$25,000)
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Funds appropriated for current fiscal year: YES/NO
Deputy Finance Director-(Equal to or greater than$5,000) Date
Comments:
Form#3-Requisition I
PERSONAL SERVICES AGREEMENT($25,000.00 or less)
CONSULTANT: ANDY DWYER
CITY O F ADDRESS: 136J QUINCY STREET H LAN D ASHLAND, OREGON 97520
20 East Main Street
Ashland, Oregon 97520 TELEPHONE: (971) 713-1323
Telephone: 541/552=2218
Fax: 541/552-5318 EMAIL: dwyera@sou.edu
This Personal Services Agreement(hereinafter "Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation (hereinafter "City") and Andy'Dwyer, an individual/sole proprietor
("hereinafter"Consultant"), for education consultation services related to a fire education curriculum.
NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution on
behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically
provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as
complete and Consultant's acceptance of the.City's final payment therefore, but not later than January
31, 2020.
2. Scope of Work: Consultant shall provide fire education consultation services to evaluate existing fire
and wildlife ecology curricula,make recommendations on such curricula, and compile resources to
create a fire education database as more fully set forth in the Consultant's Proposal entitled"Contract of
Services Proposal, Phase Two" dated February 4th, 2020,which is attached hereto as "Exhibit A" and
incorporated herein by this reference. Consultant's services are collectively referred to herein as the
"Work."
3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complementary and supplementary wherever possible. In
the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control
over any conflicting provisions in any of the exhibits or supporting documents.
4. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described.above
and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required
for the proper performance'of such Work.
5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the 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.
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Page 1 of 5: Personal Services Agreement with Andy Dwyer.
6. Compensation: City shall pay Consultant the sum of$2,000 (two thousand dollars) as full
compensation for Consultant's performance of all Work under this Agreement. In no event shall
Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of
$2,000 (two thousand dollars)without the express, written approval from the City official whose
signature appears below, or such official's successor in office. Payments shall be made within thirty
(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be
terminated prior to completion of all Work, payments will be made for any phase of the Work completed
and accepted as of the date of termination.
7. Ownership of Work/Documents: All Work, work product, or other documents produced in
furtherance of this Agreement belong to the City, and any copyright, patent,trademark proprietary or
any other protected intellectual property right shall vest in and is hereby assigned to the City.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235.
9. Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more,Consultant is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as
defined in that chapter,to all employees performing Work under this Agreement and to any
Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also
required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen
by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers,
employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, or
other damages resulting from injury to any person (including injury resulting in death), or damage
(including loss or destruction)to property, of whatsoever nature arising out of or incident to the
performance of this Agreement by Consultant(including but not limited to, Consultant's employees,
agents, and others designated by Consultant to perform Work or services attendant to this Agreement).
However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs,judgments, or other damages, caused solely by the negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both
parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not less than
r thirty (30) days' prior written notice delivered by certified mail or in person.
c. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon
delivery of written notice to Consultant, or at such later date as may be established by City under
any of the following conditions:
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
Agreement or are no longer eligible for the funding proposed for payments authorized by this
Agreement; or
Page 2 of 5: Personal Services Agreement with Andy Dwyer.
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iii. If any license or certificate required by law or regulation to be held by Consultant to provide
the services required by this Agreement is for any reason denied,revoked, suspended, or not
renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to,terminate. If the party;
committing the breach has not entirely cured the breach within fifteen(15) days of the date of
the notice, or within such other period as the party giving the notice may authorize in writing,
then the Agreement maybe 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 Agreement. City, by written notice to Consultant of default or breach,may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide the
Work called for by this Agreement within the time specified herein or within any extension
thereof. -
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 Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee.of the
City for any purpose.
13. Assignment: Consultant shall not assign this Agreement or subcontractanyportion of the Work
without the written consent of City. Any attempted assignment or subcontract without written consent
of City shall be void.
14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material
breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes
an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the,type identified
in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this
Agreement.
15. Insurance. Consultant shall, at its own expense,maintain the following insurance:
a. Workers' Compensation. Consultant shall obtain and maintain.Workers' Compensation insurance in
compliance with ORS 656.017, which requires subject employers to provide Oregon Workers'
Compensation coverage for its subject workers,unless such employers are exempt under ORS
656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City.
professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error,
omission or negligent acts related to the Work to be provided under this Agreement..This insurance
requirement is being waived by City for this Agreement. .
clftneral Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage.
This insurance requirement is being waived by City for this Agreement.
Page 3 of 5: Personal Services Agreement with Andy Dwyer.
i
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$500,000 (five hundred thousand dollars) for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable. This reduced coverage is
approved by City for this Agreement.
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 thirty(30) days' prior 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,
excluding Professional Liability and Workers' Compensation, required herein,but only with
respect to Consultant's services to be provided under this Agreement. The consultant's insurance is
primary and non-contributory. As evidence of the insurance coverages required by this Agreement,
the Consultant shall furnish acceptable insurance certificates and endorsements prior to commencing
the Work under this Agreement.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion,
creed, sex, marital status, familial status or domestic partnership,national origin, age, mental or physical
disability, sexual orientation, gender identity or source of income, suffer discrimination in the
performance of any Work under this Agreement when employed by Consultant. Consultant agrees to
comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules
and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business
enterprise,minority-owned business, woman-owned business, a business that a service-disabled veteran
owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as
required by ORS 279A.110.
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant 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 Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
17.1.2 Consultant, 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 Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
Page 4 of 5: Personal Services Agreement with Andy Dwyer.
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18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance
with 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.
19. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
20. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, EITHER ORAL OR WRITTEN,NOT SPECIFIED
HEREIN REGARDING THIS AGREEMENT. CONSULTANT,.BY SIGNATURE OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ
THIS AGREEMENT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
21. Certification. Consultant shall execute the certification attached hereto as "Exhibit C"and incorporated
herein by this reference.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in theirrespective names by
• their duly authorized representatives as of the dates set forth below.
CITY OF AS AND: ANDY D R(CONSULTANT):
By: By:
Si W,, 1"//j/,L
1 Signature - -
�
,1,eA6,4 I . cby.i.cy
Printed N e Printed Name•
�r �r A L
.`- /eIL itn.,cgt, O v r
Title Title
;Z-M/02-020 2
Date Date
(W-9 is to be submitted with this signed Agreement)
Purchase Order No. / �
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Page 5 of 5: Personal Services Agreement with Andy Dwyer. -
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EXHIBIT B
CITY OF ASHLAND, OREGON
Cty of Ashland
LIVING
ALL employers described VIJAG E
below must comply with City
of Ashland laws regulating
la ment of a livins wase.
• $15.39 per hour, effective June 30, 2019. •
Ilk The Living Wage is adjusted annually every
Waft June 30 by the Consumer Price Index.
Employees must be paid a portion of business of their '. 401K and IRS eligible .
living wage: employer, if the employer has I cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
> For all hours worked under a business from the City of
service contract between their Ashland in excess of > Note: For temporary and
employer and the City of $21,507.75. part-time employees, the
Ashland if the contract Living Wage does not apply
exceeds $21,507.75 or more. > If their employer is the City of . to the first 1040 hours worked
Ashland, including the Parks in any calendar year. For
, > For all hours worked in a and Recreation Department. more details, please see
month if the employee:spends Ashland Municipal Code
50%or more of the .> In calculating the living wage, Section 3.12.020.
employee's time in that month employers may add the value
working on a project or of health.care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
INotice to Employers: This notice must be posted predominantly in areas:whereit can be
seen by all employees.
CITY OF
AS H LAN D
Page 1 of 1 EXHIBIT B
Contract of Services Proposal, Phase Two
• Andy Dwyer, Education Coordinator •
Supervisor: Sara Jones, Community Engagement Coordinator .
Organization: Ashland Forest Resiliency Project.'
Date: February 4th, 2020
Phase One Summary: ti "
Compiled in a google doc is the source and evaluationnotes of K-12 fire ecology curriculum
throughout fire-adapted biomes in the lower 48 states. Having evaluated many of the lessons
within the list of curricula, I.believe we will have enough educational resources to begin the
process of implementing Southern Oregon Fire Ecology Education (SOFEE) curriculum. Rocky
Mountain Research Stations; FireWorks, being the primary source of K-12 fire ecology-based
lessons. In additionto the list, we have a firelesson in the beetles learning cycle format to`
reference for FireWorks lesson reformatting..We also have outdoor fire lessons to reference •
place-based educational learning,and we have begun collaborating with local groups using fire
science for restoration, local formal and non-formal educators, and the FireWorks team to help.
begin regional, ecological adaptations of Fireworks curriculum that will become•SOFEE. As part '
of Phase 1 deliverables,a training conference has been organized with the Missoula Fire
Science Lab for March 3rd, 4th and 5th at the Medford Interagency Office. 1
Objectives:
• Seeking Southern Oregon Fire Ecology Education(SOFEE) funding sources.
• Fireworks conference coordination and SOFEE networking.
• SOFEE coordination with curriculum developers, formal teachers, and outdoor school
providers. .
Phase Two Deliverables:.
1. Participation in March 3rd, 4th, and 5th FireWorks Conference and list of attendees'
contact information for post-workshop regional ecological curriculum adaptation;
outdooractivity modifications, and beetles learning cycle format implementation:
2. Funding for SOFEE in fiscal year 2020..
•
Timeframe and Cost
• Duration: February 1St, 2020—April 1St, 2020.
Cost of contracted service: $2,000.00 over 2-month period.
Andy Dwyer
AFR Education Coordinator .
dwyera@sou.edu .
(971) 713-1323
1361 Quincy St:
Ashland, OR 97520
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EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized
representative; under penalty of perjury, certifies that(a)the number shown on the attached W-9
form is its correct.taxpayer ID (or waiting for the number to be issued to it and (b) Consultant
is not subject to backup withholding because: (i)it is exempt frombackup 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 perjurythat its business is not in violation of any
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Oregon taxlaws, it is an independent contractor as defined in the Agreement,it is3 authorized to
do business in the State of Oregon; and Consultant has checked:four or more of the following
criteria t apply to its business. f
• (1) nsultant carries out the work or services at a location separate from a private
esidence or is in a specific portion of a private residence, set aside as the location of
the business.
(2) Commercial advertising or business cards ori a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from thepersonal residence
/. listing. •
✓ (4) Labor or services are performed only pursuant to writteri contracts.
(5) Labor or services are perforrned 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.
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Consultant''s signature
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2 / 2 °
Date
y
Page 1 of 1 EXHIBIT C
"CENTURY INS GRP LLC PROGREfl/UE®
572 SW BLUFF DR,#100
BEND,OR 97702 AUTO
• Policy Number: 926381293
Underwritten by:
Progressive Classic Insurance Co
ANDY T DWYER November 23,2019
1361 QUINCY STREET 15H Policy Period: Dec 21,2019-Dec 21,2020
ASHLAND,OR 97520 Page 1 of 2
1-541-382-4211
CENTURY INS GRP LLC
Contact your agent for personalized service.
Auto Insurance proOrnlineSer cet .com
Coverage Summary Make payments,check activity,update
orstatus
policy information or check status of a claim.
This is your Renewal 1-800-274-4499 '
To report a claim.
Declarations Page
The coverages,limits and policy period shown apply only if you pay for this policy to renew.
Your coverage begins on December 21,2019 at 12:01 a.m. This policy expires on December 21,2020 at 12:01 a.m.
Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy contract is form 9611A OR
(08/15). The contract is modified by forms 4884(10/08),Z445 OR(11/17)and A267 OR(04/19).
Drivers and resident relatives Additional information
Andy T Dwyer Named insured
Calina A Dwyer
Outline of coverage
2007 HONDA CR-V 4 DOOR WAGON
VIN:5J6RE48557L004774
Garaging ZIP Code:97520
Primary use of the vehicle: Business
Length of vehicle ownership when policy started or vehicle added: Less than 1 month
Limits Deductible Premium
Liability To Others $571
Bodily Injury and Property Damage Liability $500,000 combined single limit each accident
Personal Injury Protection $15,000 $0 135
Uninsured/Underinsured Motorist $500,000 combined single limit each accident 205
Uninsured Motorist Property Damage $50,000 each accident $200 14
$300 hit&run
Comprehensive Actual Cash Value $250 82
Collision Actual Cash Value $250 270
Rental Reimbursement up to$40 each day/maximum 30 days 27
Roadside Assistance 14
Total premium for 2007 HONDA(business use) $1,318
Total 12 month policy premium $1,318.00
Discount if paid in full -275.00
Total 12 month policy premium if paid in full $1,043.00
Form 6489AA OR(11/17) Continued
Policy Number: 926381293
Andy T Dwyer
Page2 of 2
Premium discounts
Policy
926381293 Five-Year Accident Free,Continuous Insurance:Gold, Paperless and Three-Year
•
Safe Driving
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Form 6489AA OR(11/17)