HomeMy WebLinkAbout2007-090 Contract - ECONorthwest
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Contract for PERSONAL SERVICES Less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: ECONorthwest
CONTACT: Kristin lee
ADDRESS: 99 W. 10th Ave, Ste 400, Eugene OR 97401
TELEPHONE: 541-687-0051
DATE AGREEMENT PREPARED: 5/7/07 FAX: 541-344-0562
BEGINNING DATE: Ma 7,2007 COMPLETION DATE: June 30,2007
COMPENSATION: Fees will be billed on a time and materials basis per the attached proposal dated
May 4,2007. Not to exceed $20,000.
SERVICES TO BE PROVIDED: Per the attached proposal dated May 4,2007, a review and evaluation of the MAA
financial plan and business plan relating to the expansion of the ski area including fund raising elements and risks
associated with environmental conditions, s ecificall those ro'ected to be influenced b climate chan e.
ADDITIONAL TERMS: ECONorthwest intends to subcontract the review and analysis of the fundraising element to
The Collins Group. ECONorthwest retains all project management duties for the project and any portions subcontracted,
including billing the City for all services rendered.
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, 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 I 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. 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.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
C~. .
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 $16,936 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
in'u to an erson includin in'u resultin in death, or dama e includin loss or destruction to ro ert , of
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 1 of 7
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 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. Obliaation/Liabilitv 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 Liabilitv insurance with a combined single limit, or the equivalent, of not less than $500,000,
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 orovided under this contract.
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 2 of 7
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than $500,000 for
each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the
indemnity provided under this contract.
d. Automobile Liabilitv insurance - Not Applicable
e. Notice of cancellation or chanae. 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. 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 States 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
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor orated b reference.
CONSULTANT ~ CITY OF ASHLAND:
BY~~'
.? Signature
Ernest G. Niemi
Print Name
BY
FederallD#
93-0639592
TITLE Vice President
DATE S- - \ _ "\
ACCOUNT #
*Completed W9 form must be submitted with contract
PURCHASE ORDER #
tIl?~7e3
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 3 of 7
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 10 (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:
><:
x
A-.
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x:-
(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.
(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) 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 liability insurance relating to the labor or services to be provided.
~~
Contractor hnest G. Niemi
~-'l-<.I1
(Date)
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 4 of 6
Form W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Certification
(Rev. November 2005)
Department of the Treasury
Internal Revenue Service
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Name (as shown on your income tax retum)
Economic Consultants Oregon Ltd
Business name, if different from above
dba ECONorthwest
o Individual/
Check appropriate box: Sole proprietor
Address (number, street, and apt. or suite no.)
99 W 10th Ave. Suite 400
City, state, and ZIP code
Eugene, OR 97401
List account number(s) here (optional)
IZI Corporation
Taxpayer Identification Number (TIN)
o Partnership 0 Other ~ __ __ . __ _ __ __ _ __ . _ _
IZI Exempt from backup
withholding
Requester's name and address (optional)
City of Ashland
l::U::U:LuJJ
or
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 4.)
Sign
Here
Purpose of Form
A person who is required to file an information return with the
IRS, must obtain your correct taxpayer identification number
(TIN) to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
(including a resident alien), to provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
In 3 above, if applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income
from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
For federal tax purposes, you are considered a person if you
are:
Date ~
-Y] --(fl
. An individual who is a citizen or resident of the United
States,
. A partnership, corporation, company, or association
created or organized in the United States or under the laws
of the United States, or
. Any estate (other than a foreign estate) or trust. See
Regulations sections 301. 7701-6(a) and 7(a) for additional
information.
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required
to pay a withholding tax on any foreign partners' share of
income from such business. Further, in certain cases where a
Form W-9 has not been received, a partnership is required to
presume that a partner is a foreign person, and pay the
withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to
establish your U.S. status and avoid withholding on your
share of partnership income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the
partnership conducting a trade or business in the United
States is in the following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X
Form W-9 (Rev. 11-2005)
- r--.--
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~..
..."1
Employees must be paid a
living wage:
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,936 or more.
~ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
lEI!IP.r hour ....tlv. JURe 3',."08
(Increases annuany every J..... 3'lIy the
Consumer Pri.e Ind..)
portion of business of their
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of $16,936.
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
~ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
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.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 6 of 6
~ SAFECO"
THIS EHDOR~EMENT CHANGES THE POLICY. PLEASE READ t. CAREFUllY.
LIABILITY PLUS ENDORSEMENT
This endorsemenl modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name o.f Pen:nn nr Orn:ln17ation:
RE:
ADDITIONAL INSURED - BY WRITTEN CONTRACT,
AGREEMENT OR PERMIT, OR SCHEDULE
The following paragraph is added to WHO IS AN INSURED
(Section II):
5. Any person or organiZation shown in the Schedule or
for whom you are required by written contract,
agreement or permit to provide insurance- is an
insured, subject to the lollowing additional provisions:
a. The contract, agreement or permit must be in
enect dumg the policy period shown in the
Declarations, and must have been executed prior
to the "bodily injury," "property damage,"
"personal and advertising injury."
b. The person or organization added as an insured
by this endorsement Is an Insured only to the
extent you are held liable due to:
(1) The ownership, maintenance or use 01 thai
part of premises you own, rent, lease or
occupy, subject to. the following additional
provisions:
(a) This insurance does nol apply 10 any
"occurrence" which takes place alter
you cease to be a lenant in any
premises leased to or rented to you;
(b) This insurance does not apply to any
struclural alterations. new construction
or demolition operations performed by
or on behalf 01 the person or
organization added as an insured;
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COMMERCIAL GENERAL lIABILllY
(2) Your ongoing operations lor thai insured,
whether the work is performed by you or lor
you;
(3) The maintenance, operation or use by you
ot equipment leased Lo you by SUCh person
or organization, subject 10 the following
additional provisions:
(a) This insurance does not apply to any
"occurrence" WhiCh takes place alter
the equipment lease expires;
(b) This insurance does not apply to
"bodily injury" or "property damage"
arising out 01 the sole negligence of
such person or organization;
(4) Permits Issued by any state or political
subdivision with respect to operations
performed by you or on your behalf, subject
to the following additional provision:
this insurance does not apply to "bodily
Injury:' "property damage," "personal and
advertising injury" arising out 01 operations
performed for the slat~_or municipality:
C. The insurance with respecl to any architect,
engineer, or surveyor added as an insured by this
endo~ement does not apply to "bodily injury,"
"property damage," "personal and advertising
injury" arising oul 01 the rendering of or the
failure to render any prolesSlOnal services by or
lor you, including:
.
i
(1) The preparin\l, approving, or failing to
prepare or approve maps, drawirl{ls,
opinions, reports, surveys, change orders,
designs or specifications; and
(2) Supervisol)', inspection or en\lineering
services.
d. TI1;s insurance docs not apply to "bodily injul)'''
or "property damage" included within the
"products-completed operations hazard,"
A person's or organization's status as an insured
under this endorsement ends when your
operations lor that insured are completed.
No coverage will be provided if. in the absence
of lhis endorsement, no liability would be
Imposed by law on you. Coverage shall be limited
to the extent of your negligence or fautt according
to the applicable principles of comparatiVe fautt.
NON.OWNED WATERCRAFT AND NON-OWNED AIRCRAFT
lIABILllY
Exclusion g. of COVERAGE A (Section I) is replaced by the
following:
g. "Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use' includes operation
and "loading or unloading."
This exclusion applies even if the claims against
any insured al1egll. negllgence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that Insured, if the "occurrence" which caused
the "bodily Injury" or "property damage"
.wolved the ownership. maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft that is owned or operated by or rented
or loaned to any insured.
This eKclusion does nol apply to:
(1) A walercraft wl1ile ashore on premises you
own or renl;
(2) A watercraft you do not own that is:
(a) Less than 52 leet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways neKt
to, premises you own or rent, provided the
"aulD" is not owned by or rented or loaned
to you or the Insured;
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COMMERCIAL GENERAL LIABILllY
(4) liability assumed under any "insured
contract" lor the ownership, maintenance or
use of aircraft or walercraft: or
(6) "Bodily injul)''' or "property damage"
arising out of the operation 01 any of lhe
equipment Hsted in paragraph 1.(2) or 1(3)
of the definition of "mobile equipment."
(6) An aircraft you do not own provided it is not
operated by any Insured.
TENANTS' PROPERTY DAMAGE LIABILITY
When a Damage to Premises Rented to you Limit is shown
in the Declarations, Exclusion J. of Coverage A, Section I is
replaced by lhe following:
I. Damage To Property
" Property damageM to:
(1) Property you own, rent, or occupy, including any
costs or expenses Incurred by you, or any other
person, organization or entity, for repair,
replacement, enhancement, restoration or
maintenance of such property for any reason,
including prevention of injury to a person Of
damage to another's property;
(2) Premises you sell, give away or abandon, if the
"property damage" arises out of any part of
those premises:
(3) Property loaned to you;
(4) Personal property in the care, custody or control
of the insured;
(6). That particular part of real property on which you
or any contractors or subcontractors wol1<ing
directly or indirectly on your behalf are
perfonnlng operations, jf the "property damage"
arises out of those operations, or
(6) That particular part of any property that must be
restored, repaired or replaced because "your
work" was incorrectly performed on it.
paragraphS (1). (3) and (4) 01 this cKClusion do not
apply to Mproperty damage" (ottier than damage by
lire) to premises, including the contents of SuCh
premises, rented to you. A separate limit of insurance
applies to Damage To Premises Rented To You as
descrioed in Section III - Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if lhe
premises are "~your wone" and were neller occupied,
rented or held for renlat by you.
Paragraphs (3). (4). (5) and (6) 01 thiS exclusion do
not apply to liability assumed under a sidetrack
agreement.
Plge 2 gf 3
Paragraph (6) 01 this excluSion does nol apply 10
"property damage" Included In the
"producls-completed operatIons halara "
Paragraph 6. of See lion III is replaced by the following.
6. Subiecl 10 5. above. the Damage To Property Limit IS
the most we will pay under Coverage A lor damages
hecause of "prO[lcny damage" 10 anyone premisc5,
whIle rented to YOll, or In the cal'e of damage by lire.
while rented 10 you or temporanly occupied by you
with permissIon of Ihe owner
The Tenants' Property Damage 10 Premises Rented to You
limil is Ihe higher 01 $200,000 or Ihe amount shown in Ihe
Declarations as Damage 10 Premises Renled to You limit.
WHO IS AN INSURED - MANAGERS
The following is added to Paragraph 2.a. 01 WHO IS AN
INSURED (Section II):
Paragraph (1) does not apply to ellecutive olficers, or 10
managers at the supervisory level or above
SUPPLEMENTARY PAYMENTS. COVERAGES A AND B -
BAIL BONOS
Paragraph tb. of SUPPLEMENTARY PAYMENTS .
COVERAGES A AND B IS replaced by the following:
~. Up 10 $2,000 for COSl 01 bail bonds reqUIred because
01 accidents or traffic law violations arising out of the
use of any vehicle to which t!'le Bodily Injury Liability
Coverage applies. We do not have to Illrnish these
bOndS.4
EMPLOYEES AS INSUREDS. HEALTH CARE SERVICES
Provision 2.a.(1) d. of WHO IS AN INSURED (Section II) is
deleted, unless elCcluded by separate endorsement.
EXTENDED COVERAGE FOR NEWLY ACQUIRED
ORGANIZATIONS
Provision 4 a of WHO IS AN INSURED (Seclion II) IS.
replaced by the lollowing
a. Coverage under thiS provision is afforded only
unlllthe end of ttle policy peflod.
lnClucIes CopY"lIh1ed M<llel.,,1 of
InSllrance Se"'Ccs Ollcl. 'nc \"1411 4$ IlIfml$S'on
Coor.ighl InSur2nce Servees Ollcl InC 1001
CG 76 35 10 01
COMMERCIAL GENf RAL l1AIlIUTY
EXTENDED "PROPERTY DAMAGE"
Ellclusion a. of COVERAGE A. (SeC\lQn I) IS amended to
read
a. "Bodily iOlury" or "property damage" ellpeclcd or
intended from the standlXllnl 01 lhe Insured. Ttus
exclusion does not apply to "bodily Injury" or
"property damage" resulting (rom the use or
reasonable lorce to protect persons or property
tNCREASED MEDICAL EXPENSE LIMIT
The medical expense limit IS amended 10 $10,000
KNOWLEDGE Of OCCURRENCE
The lollowing IS added 10 Paragraph 2. DutieS In The Event
Of Occurrence, Offense, Claim Or Suit 01 COMMERCIAL
GENERAL UABllIlY CONDITIONS (Seclion IV):
Knowledge 01 an "occurrence," claim or "surt" by your
agent, servant or employee shall not in itsell constilule
knowledge of the named insured unless an ollicer 01 the
named insured has receIVed such notice Irom the agent,
servant or employee-
UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS
The lollowing is added to Paragraph 6. Representations 01
COMMERCIAL GENERAL lIABtllTY CONDITIONS (Section
IV):
II you uninlentionally fail to disclose any hazards existing
at the inception date 01 your policy. we will not deny
coverage under this Coverage form because 01 such lailure
However, this provision does not atleCI our right to collect
additional premium or exercise our right 01 cancellation or
non-renewal.
LIBERALIZATION CLAUSE-
The following paragraph is added to COMMERCIAL
GENERAL LIABllIlY CONDITIONS (Section IV):
10. If a revision to this Coverage Part, which would
provide more coverage with no additional premium.
becomes effecl1ve during the policy period In tI'e stale
shown in the Declarations. your policy WIll
automatically prOVide thiS addillonal coverage on the
eflectrve date 01 the reVIsion
PiQe 3 00
ACORD CERTIFICATE OF LIABILITY INSU,RANCE I DATE (MMlDDIYYYY)
'" 05/07/2007
PRODUCER (541) 687-1117 FAX (541)342-8280 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ward Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POBox 10167 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Eugene, OR 97440
Tami Walsh INSURERS AFFORDING COVERAGE NAIC#
INSURED ECONorthwest INSURER A: American States Insurance Co
99 W 10th Ste 400 INSURER B: United States Liability Ins Co
Eugene, OR 97401 INSURER C:
INSURER 0:
INSURER E:
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~t: ~~I TYPE OF INSURANCE POLICY NUMBER P~"l{~Y EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY 01CG2387644 09/11/2006 09/11/2007 EACH OCCURRENCE $ 1,000,000
-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 200,000
- o CLAIMS MADE 0 OCCUR
MED EXP (Anyone person) $ 10,000
r--
A PERSONAL & ADV INJURY $ 1,000,000
f--
GENERAL AGGREGATE $ 2,000,000
f--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2,000,000
h nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY 01CG2387644 09/11/2006 09/11/2007 COMBINED SINGLE LIMIT
r-- (Ea accident) $
ANY AUTO 1,000,000
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
A -
X HIRED AUTOS 80DIL Y INJURY
X $
NON-OWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
l DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TVX%~T~Jg" I IOJ~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E. L. DISEASE - POLICY LI MIT $
SPECIAL PROVISIONS below
~~~~~SSIONAL LIABILITY SPI007439C 04/01/2007 04/01/2008 $3,000,000 PER CLAIM
A $3,000,000 PER AGGREGATE
$10,000 DED. PER CLAIM
~ESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
E: 2789
Irhe City of Ashland, Oregon, and its elected officials and employees, with respect to Consultant's
~ervices to be provided under this contract are additional Insured per form attached.
City of Ashland
Attn: Diane Shiplet
20 East Main Street
Asland, OR 97520
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ 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 INSURER,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
D~
~h.-_
Doc DuMars/CARRIE
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
~AIF Corporation
5/7/2007 1:16:10 PM
PAGE
1/001
Fax Server
OREGON WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
~~t~
CERTIFICATE HOLDER:
CITY OF ASHLAND
ATTN: DIANA SHIPLET
20 EAST MAIN STREET
ASHLAND, OR 97520
The policy of insurance listed below has been issued to the insured named below for the policy
period indicated. The insurance afforded by the policy described herein is subject to all the terms,
exclusions and conditions of such policy.
POLICY NO.
356035
POLICY PERIOD
04/01/2007 TO 04/01/2008
ISSUE DATE
05/07/2007
INSURED:
ECONOMIC CONSULTANTS OREGON LTD
ECO NORTHWEST
99 W 10TH STE 400
EUGENE, OR 97401-3040
BROKER OF RECORD:
LIMITS OF LIABILITY:
Bodily Injury by Accident $1,000,000 each accident
Bodily Injury by Disease $1,000,000 each employee
Bodily Injury by Disease $1,000,000 poliCY limit
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS:
2789
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to
change at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies
above.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN NOTICE TO THE ABOVE NAMED
CERTIFICATE HOLDER.
AUTHORIZED REPRESENTATIVE
,....-............
(---i~~ ,-----
(r,:) SAIF CORPORATION I ..,00 High St SE I Salem, OR 97312 I P: 800.285.8525 I www.saif.com
ECONorthwest
ECONOMI CS. FI NANCE. PLANNI NG
Phone. (541) 687-0051
FAX. (541) 344-0562
info@eugene.econw.com
Suite 400
99 W. 10th Avenue
Eugene. Oregon 97401-3001
Other Offices
Portland' (503) 222-6060
Seattle. (206) 622-2403
May 4, 2007
TO:
FROM:
SUBJECT:
Martha Bennett
Kristin Lee
MT. ASHLAND REVIEW AND EVALUATION
As we understand, it is the City of Ashland's intent to contract with ECONorthwest for a
review and evaluation of the Mt. Ashland Ski Association's financial plan, which will be
produced during the ongoing mediation between the City and the Ski Association.
Based on ECONW's conversations with the City, we understand that the City is interested
in an evaluation of the business plan, which includes a fundraising element. The City is
also interested in an evaluation of the extent to which the plan considers the risks
associated with environmental conditions, specifically those projected to be influenced by
climate change.
We understand that the project schedule consists of the following tasks and deadlines:
1. ECONW will compile a list of questions for the Ski Association in advance of the
mediation session on May 11, 2007.
2. A representative of ECONW will attend the mediation session in Ashland on May
11, 2007.
3. ECONW will have two business days after receiving the plan to compile a list of
additional questions for the Ski Association.
4. ECONW will review the plan and prepare a summary and an evaluation of the plan,
to be completed in June 2007. The evaluation will cover the business plan, the
fundraising element, and the consideration of risks posed by environmental
conditions, specifically those affected by climate change.
ECONorthwest will serve as the primary consultant. ECONW will perform the review and
evaluation of the business plan and evaluate the extent to which the plan accounts for
risks associated with environmental conditions. ECONW will also handle all project
management duties.
Within ECONorthwest, the principal staff will be Kristin Lee, Ernie Niemi, and Bob
Whelan. In addition, we will utilize other ECONW staff as needed to accomplish the project
objectives efficiently. Our labor rates are outlined below.
4 May 2007
Page 2
Senior EconomistlPrincip'al
$225-425/hr
Senior Economist/ Senior Policy Analyst
Ernie Niemi
Bob Whelan
Kristin Lee
$120-260/hr
$ 185/hr
$160/hr
$135/hr
Senior Plannerillirector of Development Services
$120-260/hr
Economist/PlannerlPolicy AnalystlProgrammer
$75-120/hr
Research Assistant/Systems Analyst
Sarah Reich
Cleo Neculae
Tanya Raterman
Graham Crawford
$50-75/hr
$70/hr
$60/hr
$60/hr
$60/hr
Administrative
$45-50/hr
ECONorthwest intends to subcontract to The Collins Group for review and analysis of the
fundraising element of the plan. The principal staff from The Collins Group is yet to be
determined, but we are currently working to finalize the arrangement with them.
The City shall pay ECONW on a time-and-materials basis for labor and expenses. ECONW
will bill all expenses at cost. ECONW will also bill the City directly for the subcontractor's
time and expenses, at cost. The total of all time and expenses shall not exceed $20,000
(twenty thousand dollars) without written authorization from the City.
CITY RECORDER'S COpy
Page 1 /1
r4.'
CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
--~
07578
VENDOR: 005207
ECONORTHWEST
99 W 10TH AVENUE SUITE 400
EUGENE, OR 97401
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date:
Speclallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Martha Bennett / Diana Shiplet
Conflnnlng?No
Consultant to review and evaluate the
MAA financial plan and business plan
relatino to the expansion of the ski
area. Per the attached proposal dated
May 4, 2007.
20,000.00
Contract for Personal Services
Date of aoreement: May 7, 2007
8eQinnino date: May 7, 2007
Completion date: June 30, 2007
Insurance certificates are attached per
the contract reQuirements.
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
#Ot~- -~ ~1tfJ
A rIzed SI9 ...
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
Date of Request:
THIS REQUEST IS A:
D Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
~~~~~\I'. ,Sk.-400
~ .of2.. ~J
S - 87-CC' .
Services Only
D..crlptlon Total Cost
'Rtviv,^J 0JVl lwlu<<liO"k.. of-tht.. .MM
fr'lWIli~ p,lM a.rJ. ~I<ls<; pkn
rded1Yij ~ ~p~;tnciO~ ..ski ~
8oI1c1tlltlon P..c...~
Exempt 3 Written Quotes
(copies attached)
Invitation to Bid
(copies on file)
Request for
Proposal (copies on file)
Project Number
Account Number7(Q. Q1.'2,2. QQ.. ~!1JPf)
*Please attach the. Original signed contract and Insurance certificate.
Materials Only
Item # Quantity Unit
Description
Unit Cost Total Cost
Project Number
-----.
Account Number ___. __. __. __. ______
*Please attach the quotes.
"---.---
Employee Signature: Supervisor/Dept. Head Signatur .
NOTE: By signing this requisition fonn, I certify that the above request meets the City of Ashland Solicitation Process requ
when necessary.
G:FinanoeIProcedureIAPlForms\8_Requisillon form.doc
Updatlld 011:07/15102