HomeMy WebLinkAbout2009-015 Contract - CPS Human Resource
Contract for Em
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: CPS Human Resource Servi
CONTACT: DOI.ald n06e "r,.\Y\iL\:..~---- LV:.h.L~
ADDRESS: 241 Lathrop Way, Sacramento, CA
TELEPHONE: 916-263-3600
DATE AGREEMENT PREPARED: 01/09/2009 FAX: 916-561-8472
BEGINNING DATE: Februa 1,2009 COMPLETION DATE: Au ust 31, 2009
COMPENSATION: Professional services fixed fee $49,105 to conduct the Employee Compensation & Classification Study, plus
an estimated $2,555 for travel related and incidental ex enses to be billed at actual cost.
SERVICES TO BE PROVIDED: Employee Compensation & Classification Study per the RFP and proposal submitted by CPS
Human Resource Services.
ADDITIONAL TERMS:
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 sY!l1y,~p.eGifi1.QC\tH-~L
above. Once work commences, invoices shall be prepared and..gybmittod by tho tontR-Gt-the month fo1-l.*c)rI<"'u,-\
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
City. PIT
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 $18,088 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
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, 'ud ments, or other dama es, directl , solei , and roximatel caused b the ne Ii ence of Cit .
Contract for Employee Compensation & Classification Study, January 9,2009, Page 1 of 9
.. r
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv'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
Hi. 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/Liabilitvof 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 ORF status pursuant to the ORF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if
consultant has qualified as a ORF 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 . .. . urance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,00 1 000000, 2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages cause y error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabil" ce with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, 1 000000, 2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include con ractualliability coverage for the indemnity provided under this contract.
d. Automobile Liabilit insurance with a combined sin Ie limit, or the e uivalent, of not less than Enter one:
Contract for Employee Compensation & Classification Study, January 9,2009, Page 2 of 9
$200,000, $500,00 1 00000 or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owne , hired or non-owned vehicles, as 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 incorporated b reference.
CONSULTANT CITY OF ASHLAND:
By,?j ~nature BY
L f \-tj'-\C
Print Name
TITLE
('\ \\ \'-l r\t, I f\J6 '-;:'\ ;:'~Tc'\2-..
DATE
DATE
/ -' d-..7 - elf
I
CONTRACT AWARD AND FINDINGS DETERMINED BY:
By:
City Department Head
Approved as to
form by Legal:
Date:
FederallD#
Cc~ (,L'C.-l~;{(H
ACCOUNT #
-; /tP t:J( ~tf 006 0 ~I' bL/
(For City purposes only)
PURCHASE ORDER # 0 g 7 q 0
*Completed W9 form must be submitted with contract
Contract for Employee Compensation & Classification Study, January 9,2009, Page 3 of 9
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 ID (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
X
~
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 (--" '...,
/- ;-J 7 -., cC;
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(Date)
Contract for Employee Compensation & Classification Study, January 9,2009, Page 4 of 9
.. I
Form W-g
of 1.118 TI8aSUry
Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. October 2007)
C\i
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(f)
Name (as shown on your income tax return)
C../_'G Fe 'I f\\ IJ.,/t \{-"\-"''.)('I~I\iLL.::J.... ,:l...". \S"-(S
Business name, if different from.~bove
C',?') \-\\.>-~I'I/' t\i-:.l r-<C::,c L\.\2...C<2. ...~ ~ \ C (. ')
Check appropriate box: 0 Individual/Sole proprietor 0 Corporation 0 Partnership
D Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ~
~ Other (see instructions)'" _~ ?t-\
Address (number, street, and apt or suite no.)
\) 1...\ \ L.i\, \,\~,L'~ i\~\.
City, state, and ZIP code
,). \ ',"-.i\ \'I \( f-i \ (\ \ c-;') \ \
List account number(s) here (optional)
Taxpayer Identification Number (TIN)
o Exempt
payee
Requester's name and address (optional)
Enter your TIN in the appropriate box. The TIN provided must match tile name given on Line 1 to avoid I Social seCU~:ity num~: r I
backup withholding. For individuals, this is your social security nlunber (SSN). However, for a resident . ~
alien, sole proprietor, or disregarded entity, see tile Part I instructions on page 3. For otller entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter. ~::; ~: C'Ccc.' 1 :21:.-:' 1
':F.Ti .11 Certification_____________________._..__ _________ _ ______________._______._. . _____________________
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) tile IRS has
notified me tllat I am no longer subject to backup withllolding and
3. I am a U.S. citizen or other U.S. person (defined below)
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 Otllet' than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instruct' ns on page 4.
Sign
Here
Signature of
U.S. person to-
"-:
Date to- / - 2<f" -- C7 r;
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
· An individual who is a U.S. citizen or U.S. resident alien,
· A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
. An estate (other than a foreign estate), or
· A domestic trust (as defined in Regulations section
301.7701-7).
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,
Section references are to the Internal Revenue Gode unless
otherwise noted.
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
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, 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.
Cat. No. 10231X
Form W -9 (Rev. 10-2007)
Contract for Employee Compensation & Classification Study, January 9,2009, Page 5 of 9
.. I
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DA TE (M M/DD/YVYY)
1/20/2009
PRODUCER Phone: 800-234-6363 Fax: 916-925-3595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jenkins Athens Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License # 0545478 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 13847 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sacramento CA 95853
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA: Travelers Casual tv & Sure tv Co
Cooperative Personnel Services INSURERB: Travele'rs Pronertv Casualty 25674
dba CPS, Human Resource Services
241 Lathrop Way INSURER c:
Sacramento CA 95815 INSURER D:
INSURER E:
COVERAGES
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.
INSR ~~~~ TYPE OF IN!':IIRANCF POLICY NUMBER P~N~~9~~gg~~ Pg~\fll~~~5W~N LIMITS
LTR
B X ~NERAL LIABILITY P6307704A197 7/1/2008 7/1/2009 EACH OCCURRENCE $ 1 000 000
DAf,If~ I t:u
JL COM M ERCIAL GENERAL LIABILITY PREMISES lEa occurence) $500.000
~ ~. CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $10.000
~ PERSONAL& ADV INJURY $1 000.000
~ GENERAL AGGREGATE $2 000.000
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 000 000
n POLICY n ~~P.T n LOC
B ~TOMOBILE LIABILITY P8107704A197 7/1/2008 7/1/2009 COMBINED SINGLE LIMIT $$1,000,000
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
lL HIRED AUTOS BODILY INJURY
$
lL NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLy: AGG $
B EXCESS/UMBRELLA LIABILITY PFSEX7704A197 7/1/2008 7/1/2009 EACH OCCURRENCE $5.000 000
ij OCCUR D CLAIMS MADE AGGREGATE $5.000 000
$
R DEDUCllBLE $
RETENTION $ $
PACRUBl176A22008 7/1/2008 7/1/2009 X T T~~IfJIY~ I IOTH-
A WORKERS COMPENSA nON AND ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1.000.000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1.000.000
~~~~~C~~6~~~~NS below E.L. DISEASE - POLICY LIMIT $ 1 000 000
OTHER
DESCRIPTION OF OPERATIONS / LOCA TrONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
IRE: Services performed by or on behalf of the named insured. The City of Ashland, Oregon and its elected officials,
pfficers and employees are Additional Insureds per the attached form. 10 days notice of cancellation will apply if
~ancelled for non-payment of premium.
CERTIFICATE HOLDER
City of Ashland
90 N. Mountain Avenue
Attn: Kari Olson
Ashland OR 97520
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED TO THE LEFT.
AUTHORIZED REPRESENTA TIVE."......-?
~'S
ACORD 25 (2001/08)
Policy # P6307704A 197
Effective 711108 to 711109
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED - (Section II) is amended
to include any person or organization that you
agree in a "written contract requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
a) Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b) If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The' person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a) In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shall be limited to the limits of liability re-
quired by that "written contract requiring in-
surance". Th is endorsement shall not in-
crease the limits of insurance described in
Section III - Limits Of Insurance.
b) The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damage" or "personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
i. The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
ii. Supervisory, inspection, architectural or
engineering activities.
c) The insurance provided to the additional in-
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and included in the "products-completed op-
erations hazard" unless the "written contract
requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "property damage" that oc-
curs before the end of the period of time for
which the "written contract requiring insur-
ance" requires you to provide such coverage
or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on any other basis, that is
available to the additional insured for a loss we
cover under this endorsement. However, if the
"written contract requiring insurance" specifically
requires that this insurance apply on a primary
basis or a primary and non-contributory basis,
this insurance is primary to "other insurance"
available to the additional insured which covers
that person or organization as a named insured
for such loss, and we will not share with that
"other insurance". But the insurance provided to
the additional insured by this endorsement still is
excess over any valid and collectible "other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured when that person or organization is
an additional insured under such "other insur-
ance".
4. As a condition of coverage provided to the
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:
CG 02 46 08 05
@ 2005 The St. Paul Travelers Companies, Inc.
Page 1 of 2
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "suit", cooperate
with us in the investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
Page 2 of 2
any provider of "other insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, this
condition does not affect whether the insur-
ance provided to the additional insured by
this endorsement is primary to "other insur-
ance" available to the additional insured
which covers that person or organization as a
named insured as described in paragraph 3.
above.
5. The following definition is added to SECTION V.
- DEFINITIONS:
"Written contract requiring insurance" means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional in-
sured on this Coverage Part, provided that
the "bodily injury" and "property damage" oc-
curs and the "personal injury" is caused by an
offense committed:
a. After the signing and execution of the
contract or agreement by you;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy period.
@ 2005 The St. Paul Travelers Companies, Inc.
CG 02 46 08 05
ACORQM CERTIFICA TE OF LIABILITY INSURANCE I DA TE (M M/DDIYYYY)
1/20/2009
PRODUCER Phone: 800-234-6363 Fax: 916-925-3595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jenkins Athens Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License # 0545478 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 13847 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sacramento CA 95853
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Axi s SurDlus Insurance Co
Cooperative Personnel Services INSURER B:
dba CPS, Human Resource Services
241 Lathrop Way INSURER c:
Sacramento CA 95815 INSURER D:
INSURER E:
COVERAGES
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
INSR ~~~~ TYPF 01= IN!':IIRANCF POLICY NUMBER P~k+~~~~~gg~~ Pg~lfJI~~~~N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $
- ~~E'MISES (~~~~r~nce)
COMMERCLA.L GENERAL LIABILITY $
- o CLAIMS MADE D OCCUR
MED EXP (Anyone person) $
-
PERSONAL& ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
~ POLICY n ~~RT n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
- SCHEDULEDAUTOS
HIRED AUTOS BODILY INJURY
- (Per accident) $
- NON-OWNED AUTOS
r---- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO . OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
=i DEDUCllBLE $
RETENTION $ $
I T~nfJIYs I IOTH-
WORKERS COMPENSA TION AND ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~~~t~C~~6~rs~gNS below E.L DISEASE - POLICY LIMIT $
A OTHER ECN636717 7/1/2008 7/1/2009 Ea Claim/Aggregate $10,000,000
Professional Liability Ded $75,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE: Services performed by or on behalf of the named insured. 10 days notice of cancellation will apply if cancelled for
pon-payment of premium.
City of Ashland
90 N. Mountain Avenue
Attn: Kari Olson
Ashland OR 97520
CANCELLA TION
SHOULD ANY OF. THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 30 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 COMPANY, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTA TIVE.._'.....
#"" .... _/
)
ACORD 25 (2001/08)
C:T\y' RECORDER
Page 1 / 1
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
DATE
2/2/2009
I I
PO NUMBER
08790
VENDOR: 001579
CPS HUMAN RESOURCE SERVICES
241 LATHROP WY
SACRAMENTO, CA 95815
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Tina Gray
Confirming? No
! Quantity Unit Description Unit Price Ext. Price
Employee Compensation & Classification 49,105.00
Study, Professional services fixed fee
$49,105 to conduct the Employee
Compensation & Classification Study.
Plus an estimated $2,555 for travel 2,555.00
related and incidental expenses to be
billed at cost.
Contract for Personal Services
Date of aqreement: 01/09/2009
Beqinninq date: 02/01/2009
Completion date: 08/31/2009
Insurance required/On file
t::2.r~~ ~,-;/ (d 6'-r- ~~, ~J--r"l'/?t cu f
" - r-- . ,
0(/)
#/1'1 I-('fl /-1---,"-, / -;;;-t')-1'~).?;'
~'~
SUBTOTAL 51 660.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 51,660.00
ASHLAND, OR 97520
Account Number , " Project Number Amount Account Number Project Number Amount
E 710.01.49.00.6041 OC 51,660.00
M~~~
VENDOR COPY
-, I