HomeMy WebLinkAbout2011-152 Contract - Thomas V Murphy LLC Contract for PERSONAL SERVICES less than $25,000
CITY OF CONSULTANT: Thomas V. Murphy, LLC
ASHLAND CONTACT: Tom Murphy, 541-482-3951
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 755 Capella Circle, Ashland, OR 97520
Telephone: 5411488-6002
Fax: 541/488-5311 TELEPHONE: (541) 482-3951
DATE AGREEMENT PREPARED: 5/19/2011 FAX: t3murphy @charter.net
BEGINNING DATE: 5/20/2011 COMPLETION DATE: 6130/2012
COMPENSATION: $50 per hour up to a maximum of$20,000.
SERVICES TO BE PROVIDED: Tom will serve as a forestry burn consultant for the City of Ashland for forestry
burning work on City of Ashland forestlands and as part of the City's role in the Ashland Forest Resiliency Project on U.S.
Forest Service public land. Tom will help design burn plans, coordinate contracting, assess prescribed burn implementation
and safety, evaluate burning operations, and help assess post burn effectiveness and ecological effects. Tom may submit
oral and written documents to the City during the course of work. Work will be a combination of Feld and office.
ADDITIONAL TERMS: Consultant is a sole proprietor with no employees under this contract.
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/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. 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.
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$18,703 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, subro ations,
Contract for Personal Services, Revised 07/28/2010, Page 1 of 5
fictions, 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 Vdays' notice in writing
and delivered by certified mail or in person. (p0
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. Obligation/Liability 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 J-LabJility insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000(J1&L0,00V$2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caus omission or negligent acts related to the professional services to be provided
under this contract.
C. General Lia " ice with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,00 1 000 000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall inc can al liability coverage for the indemnity provided under this contract.
d. Automobile Liabilit y insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Personal Services, Revised 07/28/2010, Page 2 of 5
$200;D00 $500,000"$1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage;
including co ra a for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chance. 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. The consultant's insurance is primary and
non-contributory. 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 sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Consultant: City of Ashland J
By `+r4— q By KhUti_
Signature Department Head J
V. ,9KA�
Print Name / Print Name
Title � Date
W-9 One copy of a W-9.is to be submitted with q
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 07/28/2010, Page 3 of 5
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:
(1) 1 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) 1 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 (Date)
Contract for Personal Services, Revised 07/28/2010, Page 4 of 5
OP ID:TMF
CERTIFICATE OF LIABILITY INSURANCE DATE(06/120/11 20111
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERCS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ireu of such endorsements.
PRODUCER 541-7735358 CONTACT
Protectors Protectors Insurance, LLC PHONE
Pilot Rock Ins Agency LLC (CA) 541-772-190 Ate Nc Ex :54'I-773-5358 c Ne: 541-772-1906
PO Box 4669 p IL .karoli rotectorsins.com
Medford, OR 97501
Karol M.Igou us M O MURPH-2
INSURER(S)AFFORDING COVERAGE NAICS
INSURED Thomas V Murphy LLC INSURERA:Kinsale Insurance Company
755 Capella Cir INSURER B:Travelers Cas Ins Co ofAmerica
Ashland,OR 97520 INSUR]5RC:Darwin Select Insurance Co
INSURER D:
INSURERE:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR POLICY EFF POLICYEXP TYPE OF INSURANCE POLICY NUMBER M MMO
Im LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERffi GENERAL LIABILITY X 01000022040-0 05/19/11 05/19112 PREMISES(Ea occurrence E 100,00
CLAIMS-MADE OX OCCUR MED EXP(My one person) $ Exclude
PERSONAL&AOV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ Exclude
P"In.V PRo- Dn. $
AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00
B JX ANY AUTO BA-1A665181 05/19111 05/19/12 (Ea ecclden0 BODILY INJURY(Per person) $
ALL OWNEDAUTOSBODILYINJLRY(ParaeelLaM) $
SCIgDULEO NJTOS PROPERTY DAMAGE
HIRED AUTOS (Per accident) $
NON-OWNED AUTOS $
E
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS UAB CLAIMS-MADE AGGREGATE $
DCDUCTIDLC $
RETENTION $
WORKERS COMPENSATION WC S1ATU-
AND EMPLOYERS'LIABILITY y/N T
ER
ANY PROPRETORIPARRNERIEXECUIryE ❑ E.L.EACH ACCIDENT $
OFFIGEtory In H)EXCLLCZIJl N/A
(f yes,d ory In NH) E.L DISEASE-EA EMPLOYE $
yes, under
DESCRIPTION P-RATI I E.L.DISEASE.POLICY LIMIT $
C Professional Liab X 0306-6765 05119111 05/19112 Per Claim 1,000,00
Aggregate 1,000,00
DESCRIPTION OF OPERATIONS f LOCATIONS tVEHICLES V=ch ACORD 101,Additional Remarks Schedule,If more apace is required)
Consulting Forester
D ri 'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 E Main Sir ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland,OR 97520 JUN 22
AUTHORIZED REPRESENTATIVE
Karol M.Igou
O 1999-2009 ACORD CORPORATION: All rights reserved:
ACORD 25(2009109) 1 ne 1AMR0 name an ogo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL.INSURED AS REQUIRED BY WRITTEN CONTRACT
Effective Date o Endorsement Named Insured
fAdditionaIP(emium:ached To and forming Part of Policy Eff
00002204 0
05/D/u 12:01AM at the Named Insured Thomas V Murphy LLC
add ress shown on the Declarations
Return Premium:
.00 $0.00
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
A. SECTION II-WHO IS AN INSURED is amended to include any person or organization you are and executed required to i clue de as an
additional insured on this policy by written contract in effect during the policy period
"occurrence"of the"bodily Injury"or"property damage"but only for the vicarious liability imposed on the Additional
Insured provided that such liability is caused by the sole negligent conduct of the Named insured and is proximately
caused by"your work"or"your product"forthe Additional Insured.
B. The insurance provided to the Additional Insured underthis endorsement is limited as follows:
1. In the event the written contract requires limits of insurance in excess of the Limits of Insurance provided .
by this policy,the Limits of Insurance provided by this policy shall apply and not the limits required by the
written contract.This endorsement shall not increase the Limits of Insurance stated in the Declarations of
. this policy.
2. This insurance does not apply to"bodily injury"or"property damage"arising out of"your work"or"your
product"Included in the"products-completed operations hazard"unless you are required to provide such
coverage by written contract. If such insurance is required by written contract, the insurance provided to
the Additional Insured is limited to the alleged or actual vicarious liability imposed on the Additional
Insured as a result of the alleged or actual negligent conduct of the Named Insured as a result of liability
solely caused by"your work"or"your product"for the Additional Insured.
3. Any insurance provided by this enclorsemenitto an Additional Insured shall be excess over any other valid
and collectible Insurance available to the Additional Insured whether primary,excess,contingent or on
any other basis unless a written contract specifically requires that this insurance apply on a primary or
primary and noncontributory basis.
4. Where there is no dutyto defend the Named Insured,there is no duty to defend the Additional Insured.
Where there is no duty to indemnity the Named Insured,there is no duty to indemnitythe Additional
Insured.
5. This insurance does not apply to"bodily Injury"or"property damage,"arising out of the sole negligence of
the Additional Insured or any employees of the Additional Insured.
C. Duties of the Additional Insured In the event of"occurrence",claim or"suit":
1. The Additiunal Insured must pruffrptly give notice of an "uccur Fence",a claim which is made ur a"suit",
to any other insurer which has insurance for a loss to which this insurance may apply.
2. The Additional Insured must promptly tender the defense of any claim made or"suit'to any other insurer
which also issued insurance to the Additional Insured as a Named Insured or to which the Additional
Insured may qualify as an Additional Insured for a loss to which this insurance may apply.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 1 of 1
CAS5010 0110
ENDORSEMENT NO.2
ADDITIONAL INSUREDS/CO-DEFENDANTS
This Endorsement,effective at 12:01 a.m, on 65119/2011,forms part of
Policy No. 0306-6705
issued to Thomas V Murphy LLC
Issued by Darwin Select Insurance Company
In consideration of the premium charged, it Is hereby agreed that coverage underthis Policy shall be
extended to include Claims against the following persons or entities:
City of Ashland
hereinafter referred to as"Additional Insureds",provided however,that any such Claim: (1)is made and
continuously maintained against at least one Insured,other than an Additional Insured, and(2)arises out
of Professional Services performed on behalf of the Named Insured or any Subsidiary,and otherwise
covered under this Policy.
The coverage provided by this Endorsement Is excess of,and shall not contl bute with, any other
applicable insurance plan, policy or program of self-insurance carried by or applicable to a person or
entity listed above.
All other terms, conditions and limitations of this Policy shall remain unchanged.
Authorized Representative
v1875(3/2008)
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorse- (d) Costs for extended'warranties,Credit Life
ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability
unless modified by the endorsement. Insurance purchased with the loan or
A. PERSONAL EFFECTS COVERAGE lease; and
SECTION ill — PHYSICAL DAMAGE COVER- (e) Carry-over balances from previous loans
AGE, A. Coverage, 4. Coverage Extensions is or leases.
amended by adding the following: C. COVERAGE EXTENSION — AUDIO, VISUAL
Personal Effects Coverage AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
We will pay up to $400 for"loss" to wearing ap- OF SOUND '
parel and other personal effects which.are:
SECTION 111 — PHYSICAL DAMAGE COVER-
(1) owned by an"insured'; and AGE, B. Exclusions, exception paragraph a. to
(2) in or on.your covered"auto'; exclusions 4.c & 4.d is deleted and replaced with
in the event of a total theft "loss" of your covered the following:
"auto". a. Equipment and accessories used with such
No deductibles apply to Personal Effects Cover- equipment, except tapes, records or discs,,
g provided such equipment is permanently In-
a a stalled in the covered "auto"at the time of the
B. AUTO LOAN LEASE GAP COVERAGE "loss" or is removable from a housing unit
SECTION III — PHYSICAL DAMAGE COVER- which Is permanently installed in the covered
AGE,A. Coverage, 4. Coverage Extensions is "auto" at the time of the "loss", and such
amended by adding the following: equipment is designed to be solely operated
Auto Loan Lease Gap Coverage for Private by use of the power from the "auto's" electri-
Passenger Type Vehicles cal system, In or upon the covered"auto"; or
In the event of a total "loss"to a covered"auto"of D. WAIVER OF DEDUCTIBLE—GLASS
the private passenger type shown In the Schedule SECTION III — PHYSICAL DAMAGE COVER-
or Declarations for which Physical Damage Cov- AGE, D. Deductible is amended by adding the
erage is provided,we will pay any unpaid amount following:
due on the lease or loan for such covered "auto" No deductible for a covered "auto" will apply to
less the following: glass damage if the glass is repaired rather than
(1) The amount paid underthe Physical Damage replaced.
Coverage Section of the policy for that"auto"; E. HIRED AUTO PHYSICAL DAMAGE COVER-
and AGE
(2) Any: SECTION III — PHYSICAL DAMAGE COVER-
(a) Overdue leasefloan payments at the time AGE, A: Coverage, 4. Coverage Extensions is
of the"loss'; amended by adding the following:
(b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten-
lease for excessive use, abnormal wear slon
and tear or high mileage; If hired "autos" are covered "autos" for Liability
(c) Security deposits not returned by the les- Coverage and this policy also provides Physical
sor, Damage Coverage for an owned "auto"., then.the:
CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office,Inc,with its permission. Page 1 of 2
Includes the copyrighted material of The at PaurTravolors companies,Inc.
COMMERCIAL AUTO
Physical Damage Coverage is, extended to tent required of you by a written contract exe-
"autos"that you hire, rent or borrow subject to the cuted prior to any "accident" or "loss", pro-
following: videdthat the "accident"or"loss"arises out of
(1) The most we will pay for"loss"in any one the operations contemplated by such con-
"accident" to a hired, rented or borrowed tract. The waiver applies only to the person or
"auto" is the lesser of: organization designated in such contract.
(a) $50,000; G. BLANKET ADDITIONAL INSURED
(b) The actual cash value of the dam- SECTION II—LIABILITY COVERAGE, part A. 1.
aged or stolen property as of the time Who Is An Insured, paragraph c. is amended by
of the"loss"; or adding the following:
(c) The cost of repairing or replacing the Any person or organization that you are required
damaged or stolen property with to include as an additional insured oR this Cover-
other property of like kind and quality. age Form in a written contract or agreement that
is signed and executed by you before the "bodily
(2) An, adjustment for depreciation and injury" or"property damage"occurs and that is in
physical condition will be made in deter- effect during.the policy period is an "insured" for
raining actual cash value in iheevent or a Liability Coverage, but only for damages to which
total "loss this insurance applies and only to the extent that
(3) If a repair or replacement results in better person or organization qualifies as an "insured"
than like .kind or quality, we will not pay under the Who Is An Insured provision contained
for the amount of betterment. in Section Ii.
(4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS
Damage deductible applicable to. any SECTION II — LIABILITY COVERAGE, A, Cov-
owned covered"auto". erage, 1.Who Is An Insured is amended by add-
(5) This Coverage Extension does not apply ing the following;
to: An "employee" of yours is an "insured" while op-
(a) Any"auto"that is hired, rented or bor- erating an "auto" hired or rented under a contract
rowed with a driver; or or agreement in that "employee's" name, with
(b) Any"auto"that is hired, rented or bor- your permission, while performing duties related
rowed from your"employee". to the conduct of your business.
F. BLANKET WAIVER OF SUBROGATION 1. COVERAGE EXTENSION—TRAILERS
SECTION IV—BUSINESS AUTO CONDITIONS, SECTION I — COVERED AUTOS, C. Certain
A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary
Recovery Against Others To Us is deleted and Substitute Autos, paragraph 1. is deleted and
replaced by the foflowing: replaced by the following:
5. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000
Others To Us pounds or less designed primarily for travel
We waive any right of recovery we may have
on public roads.
against any person or organization to the ex-
Page 2 of 2 Includes the copyrighted material'of Insurance services Office,Inc.with its permission. CA T4 20 07 06
Includes the copyrighted material of The St Paul Travelers Companies,Inc.
Page 1 / 1
CITY OF Y RECORDER
TI
� �/� T
SHLAIV D DATE. •:'. '' r' ";PONUMBER="f
,�. 20 E MAIN ST. 7/13/2011 10299
ASHLAND, OR 97520
(541)488-5300
VENDOR: 006917 SHIP To: Ashland Fire Department
THOMAS V. MURPHY LLC (541)482-2770
755 CAPELLA CR. 455 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del.Date: contact: Chris Chambers
Special Inst: Confirming? NO
. . . ...
:Ouanti- .Unit*= `_
Description `:'.', ,?".Unit Price -Ext.Price,_',.,'
Forestry burn consultant for forestry 12,000.00
burning work on City of Ashland
forestlands and as part of the City's
role in the Ashland Forest Resiliency
Project on US Forest Service public
land.
Compensation: $50.00/Hour, Not to
exceed $20,000
Contract for Personal Services
Beginning date: 05/20/2011
Completion date: 06/30/2012
Insurance required/On file
FY 2012-$12,000
FY 2011 -$8,000- PO#10193
SUBTOTAL 12 000.00
BILL TO:Account Payable - TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 12,000.00
ASHLAND, OR 97520
Account Numbei * I : " : .Project Number,! -Amount' Account Number . :Project Number` Amount'. :'
E 670.08.29.00.60416 12 000.00
Authori d Signature VENDOR COPY
ItORM #3 1 - CITY OF
A request for a Purchase Order ASHLAND .
REQUISITION Date of request: 05/24/2011
Required date for delivery: 06/15/2011
Vendor Name Thomas V.Murphy,LLC
Address,City,State,Zip 755 Capella Circle,Ashland,OR 97520
Contact Name&Telephone Number Tom Murphy,541-482-3951
Fax Number
SOLICITATION PROCESS
❑ Exempt from Competitive Bidding ❑ Ememencv
Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached
Date approved by Council: ❑ Quote or Proposal attached
❑ Small Procurement Cooperative Procurement
Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Note:Total contract amount,including any Date approved by Council: Contract#
amendments may not exceed$6,000 ❑ State of Washington
Intermediate Procurement ❑ Sale Source Contract#
GOODS&SERVICES ❑ Written findings attached ❑ Other government agency contract
$5,000 to$100,000 ❑ Quote or Proposal attached Agency
❑ (3)Written quotes attached I Contract#
PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement
$5.000 to$75,000 ❑ Written findings attached Agency
® Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract#
❑ 3)Written proposals attached Date approved by Council: Date approved by Council:
Description of SERVICES Total Cost
Tom will serve as a forestry bum consultant for the City of Ashland for forestry burning work on — -
City of Ashland forestlands and as part of the City's role.in the Ashland Forest Resiliency Project
on U.S. Forest Service public land.Tom will help design burn plans,coordinate contracting,assess
prescribed burn implementation and safety,evaluate burning operations,and help assess post $1200'
burn effectiveness and ecological effects.Tom may submit oral and written documents to the City
during the course of work. Work will be a combination of field and office.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached QUOTE
Project Number______-___ Account Number 670.08.29.00.604160 Account Number
Account Number___-__-_ -__-______ Account Number___-__-_ __ _ __ _
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
By signing this requisition form,l certify that the information provided above meets the City's public contracting requirements,and the documentation can be provided
upon request. ;
Employee Signature: department Head Signature:
Additional signatures(if applicable):
Funds appropriated for current fiscal year U/ NO 7 /
Finance Director Date
Comments: This FY2012 amount reflects balance of contract.
G:FinanceTrocedure%APVonns1Fonn#3-Requisition Murphy Updated on:51242011