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Home My WebLink About2002-100 Contract - Evergreen Safety CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000 CITY OF ASHLAND, (CITY) CONSULTANT: EVERGREEN JOB & SAFETY 90 East Main Street Address: 472-100 Richmond Road Ashland, Oregon 97520 Susanville, CA 96130 Telephone: (541) 488-5357 FAX: (541) 552-2436 Telephone: (530) 257-7812 FAX: 530 257-8266 113. BEGINNING DATE: ¶3. COMPLETION DATE: Jul 1, 2002 Jul 1, 2005 114. COMPENSATION: July 1, 2002- $16,200.00/Year for 16-20 employees; July 1, 2003416,848.00/Year for 16-20 employees; Jul 1, 2004417,521.00/Year for 16-20 employees 111. SERVICES TO BE PROVIDED: Evergreen will provide a total of twelve (12) programs to be presented on one day per month to those employees listed in Addendum 'A' (attached) under the designation of Basic Employee. The programs presented will be determined by mutual agreement between evergreen and Customer. Additional Services, including, but not limited to the following, will be billed at the rates shown above: Accident Investigation, NRECA Accreditation Observation, Pole Climbing Training, Safety Program for Office Personnel. ADDITIONAL TERMS: Customer agrees to provide Evergreen with a list of Customers' Basic Employees, their Job titles and date of Hire on the Basic Employee roster (Addendum 'A', attached). Customer further agrees to provide Evergreen with an updated Basic Employee roster, upon request, for Evergreens' billing records. Customer understands that they will be billed according to the number of employees listed under the designation of Basic Employee as Shown in Addendum '.A'. In the event that the number of Customers' employees increases into the next higher rate bracket (Rate Brackets are for employee #'s, 1-10, 11-15, 16-20, 21-25 and 26-30) for two (2) or more meetings during the course of the current calendar year, then Customer and Evergreen will determine compensation for additional employees. Customer agrees to notify Evergreen, in advance, in the event that customer desires to have any of its' subcontractors, and/or other agents attend Training Program(s). Rates for these entities will be discussed at that time. In the even Customer shall fail to pay any monthly payment due, Evergreen may cease providing services without breach, pending payment or resolution of any dispute. Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to Evergreen supplying said materials. CITY AND CONSULTANT AGREE: 1. 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. 2. 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 workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 3. 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. 4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. 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. 5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. 7. Living Wage Requirements: If the amount of this contract is $15,000 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 attached notice predominantly in areas where it will be seen by all employees. 8. 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 by Consultant to perform work or services 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 approximately caused by the negligence of City. 9. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 10. 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. 1110. 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. CONSULTANT: CITY ASHLAND: BY BY Title P1. as O d nistrator Date BY Fed. ID # Fi nce Direct Date OR Social Security # CONTENT REVIEW: (City Dept. Head) Date: ll, `Qi Purchase Order # ele DATE 7- Acct. No.: 640.1 S- 606400 ` (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$25,000 (\FORMS\contract for personal serma ) redd 9101) (s41. l l . ec9. 00 • C~(o 4tp j' Ftqs p Page 1 / 1 CITY OF ASHLAND CITY RECORDER'S COPY 20 E MAIN ST. DATE PO NUMBER y ASHLAND, OR 97520 08/23/2002 03561 (541) 488-5300 OREGON VENDOR: 002071 SHIP TO: Ashland Electric Department EVERGREEN JOB & SAFETY (541) 488-5354 472-100 RICHMOND ROAD 90 N MOUNTAIN SUSANVILLE, CA 96130 ASHLAND, OR 97520 FOB Point Req. No.: Terms: Net Dept.: ELECTRIC Req. Del. Date: 07/01/2002 contact: Dick Wanderscheid Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price BLANKET PURCHASE ORDER Job and Safety Training 16,200.00 July 1, 2002 - June 30, 2003 July 1, 2003 - June 30, 2004 16,848.00 July 1, 2004 - June 30, 2005 17,521.00 PSK Three (3) Year Contract Completion date: July 1, 2005 f L_ SUBTOTAL 50,569.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 50,569.00 ASHLAND, OR 97520 Account Number Amount Account Number Amount E 690.11.18.00.606400 39,443.82 E691.11.00.00.606400 11,125.18 "Ir orize Signature VENDOR COPY