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HomeMy WebLinkAbout2011-174 Contract - Law Offices Lloyd Haines [['''� /�§''� Page 1 / 1 . �. ASHLAND CITY O F �1 I 1 ��V�JI[ E DATE PO NUMBER ,Ma 20 E MAIN ST. 7/20/2011 10318 ASHLAND, OR 97520 (541)488-5300 VENDOR: 003826 SHIP TO: City Of Ashland LAW OFFICES LLOYD M HAINES (541) 488-6002 96 N MAIN STREET 20 E MAIN STREET SUITE 202 ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: contact: Ann Seltzer , Special Inst: Confirming? NO .�Quanti .Unit _ Descrip tion -- :.-. .Unit Price . : Ezt.Price'..: Repair and Inspection of Public Art 1,050.00 "We Are Here" 30 Hours @$35.00/Per hour Contract for Personal Services Beginning date: 08/01/2010 Completion date: 06/30/2012 Insurance required SUBTOTAL 1 050.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 1,050.00 ASHLAND, OR 97520 Account NumbWE , project Number:.'. _ Amount _ Account Number _.Project Number.. .Amount__ E 410.08.24.00.602400 1,050.00 A orized Signed VENDORCOPY FORM 03 CITY OF ASHLAND REQUISITION Date of request: Required date for delivery: EEI- Vendor Name Address,City,State,Zip ( 00/!h4 (!1-1 L-L l Contact Name&Telephone Number Fax Number 9�` 3'6 SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,00 ❑ Request for Proposal (Copies on file).. _ _Q State of Oreqon Note:Total contract amount,including any Dale approved by Council: amendments may not exceed$6,000 i Intermediate Procurement Sole Source ! GOODS&SERVICES Written Findings(Form attached) Sntract $5.000 to$100,000 ❑ Quote or Proposal attached �- ❑ (3)Written quotes attached i- PERSONAL SERVICES ❑ Special Procurement It $5.000 to$75,000 ❑ Written Findings(Form attached) ❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached I - ❑ 3 Written proposals attached Date approved by Council: _ Description of SERVICES Total Cost Qcp.cW a/0- Fab t. Arf `"k)t- Art lfed� Zad ,-) � o/h $ loco Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached QUOTE $ Project Number______•___ AccountNumberC�1Q•( -A-(_Q-WaliloccountNumber___-__-_ 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:: 7 1 Department Head Signature: Additional signatures(if applicable): / �7 Funds appropriated for current fiscal year: YES/ NO LI Finance Director Date Comments: (✓e- I ul ? 5 (f01 �i(fpf S G:Finan rooedurW o Tormtl3-Requisition.doc 17uLe< �� Updated on:716/2011 : Contract for PERSONAL SERVICES Less than $25,000 CITY OF CONSULTANT: Lloyd Hains, Attorney at Lay ASHLAND CONTACT: Lloyd Haines 20 East Main Street Ashland, Oregon 97520 ADDRESS: 96 North Main Street, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541 930 !9� DATE AGREEMENT PREPARED: 07/01/11 FAX: None BEGINNING DATE: 08/01/10 COMPLETION DATE: 6/30/12 COMPENSATION: $35 per hour SERVICES TO BE PROVIDED: Repair the tree sculpture known as We Are Here based on the list provided by the consultant in June 2011. Provide one inspection during the Spring of 2011 of the sculpture. Consultant will contact the City of Ashland two weeks in advance to coordinate repair work, inspection and needed equipment and submit a written report when the repairs have been completed. See attached addendum. ADDITIONAL TERMS: Repair work will not exceed 25 hours. Inspection work will not exceed 5 hours and will submit a written report detailing the required repair work and estimate of the time required to conduct the work. 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. 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 $18,088 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, 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 dale 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 Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable 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 provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Properly Damage,- including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days' written notice from the Consultant or its insurers 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 Stale 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: BY BY Lignature :/ y /p,w Print Name N TITLE N�V DATE CONTRACT A D ND FIN ETERMINED BY: DATE r.L J� By , (( City Depa a ead Date: Approved as to Dale: form by Legal: One copy of a W-9 is to be submitted W-9 with the signed contract and it will be kept on file in the Finance Department. ACCOUNT# �f (For City purposes only) PURCHASE ORDER# ed as to form LAI- 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: ALI (1) 1 carry out the labor or services at a location separate from my residence or is in a ,zoecific 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. / ) Telephone listing is used for the business separate from the personal residence listing. ZK4) 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. 6 � L() Ilr Contractor (Date) CITY OF 07/01/2011 ASHLAND Contract addendum Lloyd Haines "We Are Here" (tree sculpture) As owner of the"We Are Here"tree sculpture, the City of Ashland recognizes the piece has significant importance to the Native American Community in southern Oregon. The City will pay for the repairs identified by artist Russell Beebe in May of 2011. Because the sculpture is made of wood and is exposed to the elements it is likely the piece will deteriorate much more quickly than other pieces in the City's public art collection. In the future, it may not be possible to accommodate repairs and maintenance of the piece that meet the expectations of the artist and the Native American Community. The City will evaluate the sculpture from year to year and determine whether to leave the piece in its current location, allow it to age naturally and provide funds for basic maintenance, or if necessary, at some future date, to retire/relocate the sculpture to protect and preserve the piece. Scope of Work Repair: Consultant will repair the sculpture based the repairs identified during the inspection in May of 2011 (attached). The Consultant must contact the City of Ashland at least two weeks in advance prior to doing the repairs. Spring Inspection The purpose of the Spring 2012 inspection is to assess necessary cleaning,refinishing, damage repair and/or restoration requirements. Following the inspection,consultant will submit a written report to the City summarizing the results of the inspection. The City/will determine whether or not to authorize those repairs. Cleaning City personnel will clean the sculpture once per year consistent with the suggested instructions submitted by Russell Beebe on behalf of consultant. Fee Structure Inspection and repair work done within the framework of this agreement will be billed on an hourly basis, at a rate of $35 per hour. Inspection and repairs will not to exceed 30 hours (maximum five hours for Spring 2011 inspection and 25 hours for repairs). This contract serves as authorization by the City for the list of attached repairs to be conducted by the consultant. No compensation will be paid for additional work. The number of hours billed for repairs will be based on the estimates provided by the artist in May 2011 (attached). It is understood that the Consultant will not continue working if the actual time exceeds the estimated time. Billing Invoices will be sent monthly and will be due 30 days from the invoice date. Past due amounts will be assessed a 1.5% penalty. Contract Term Either party has the right to terminate the contract at any time by giving a minimum of 60 days written notice in advance of the contract ending date. 20 ADMINISTRATION East TR Street Tex:541A88-5002-5311 , 20 East Main Street Far:541488-5311 Ashland,Oregon 97520 TTY: 800-735-2900 w x ashland.or.us 2011/JUL/19/TUE 17: 13 LLOYD M HAINES ATTY FAX No. 5414829334 P. 002 Jul 19 11 U2:bbP JUN t;NUVVUI=N J 1 A 1 In t-AKIVI 04146Z4Vbf p_J 6 ® DATE A aw ) CERTIFICATE OF LIABILITY INSURANCE 071191`2011 rz011 so1l CERTIFICATE ATE DOES NOT AS A NEGATIVELY AMEND, EXTEND CONFERS NO ALTER RIGHTS UPON THE COVERAGE AF CERTIFICATE HOLDER, BY THE POLICIES THIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESIENTATiVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the cart1 icate holder IS*"ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WANED,subject to the farms 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 endorsoment(s)- PRODUCE' Jon Snowden NAME Jon Snowden PHONE UC No.54 d 4957 III 420 Bridge Street AIC Tr 5 14 482.zde Ashland, OR 97520 O INRURfiRRRR9 AFPoRONG Cf,VERAGfi NAICP INSARERA:SIete Farm Faeand CRSWIIYCemaR 2M INSURED Haines, Lloyd Matthew DBA 2264M59: Lloyd Matthew Haines Attorney at Law 1n61"kc NSURERD: 96 N Main St Ste 202 NSURERE Ashland, OR 97520 IMSURERF: COVERAG 5 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 V41TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED eY THE POLICIES DESCRISED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES:LIMITS SHOWN MAY HAVE DEEN REUUCEO BY PAID CLAIMS. uL_ E Icy LIM[Ts m PE DFINSURANCE UER NUM M LITY 97-BZ4944-6 Od10211011 06107/2012 EACH OCCURRENCE S ],000,0110 300,000 X IPLGENERAL LIABIUIY MEDEX�F "0018 n) S MEO EXP IM dnP JIPNCpi 5 6,000 9-MADE O OCCUR PEM,ONAL KPOV INJURY S 0 DEN=RALAGOREfx4TE S e,000,007 PRODUCTS.CDNPIOP AGG t eUpg00D ATE WAIT APPLIES PER •S X PAO tDC I EP UAIT s BNTY Es deM e NLYINJURY(MPrWm) S ANY AUTO ALL OYMEP SCNEMJL® SODILY INJURY lPrP AFJdMI) 8 AIiTW' , AUTOS-OIANED P'xl er6dRdem E 9 MREO AUTOS AUTOS , 1 I UMDRELU UAe OCCUR SACHOCCURRENCE 1 EXCPSa UAe CLMMS-NAOE AGGl1EGATE S 4 OED RETENTIONS nC STAILL OTN- ' WORKERS COMPFN9AnON RY 1JNDEMPLOYEIB'LIAeILTJ YIN: I 9.1-EACH ACCIDENT c S ANY PROPRIETORMARTNEReXECUTNE F__] NIA OFFICEAAE FW(CLUDI E.L DISEASE-EA EMPLOYE 6 lManderon b NNi If HA dA oile bode EL OtSPASE-PDLIGY UMIT S DEECRPnON OP OPEpgmON61lOCA'ON6f VENR:LE9 IANrch gCOR01tN,AM410AnRI RemWkrC leaNe,if monspex is nCCllval Business-Office POIICY 06 N Main SC Ste.202 Ashland,OR 97620 - - CERTIFICATE HOLDER CANCELLATION The City of Ashland, Oregon,end its elected officials, SHOULD ANY OF THE ABOVE DESCRIBED POUCIES DE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF: NOTICE WILL BE DELIVERED IN officers and employees,as their interests pertain to the ACCORDANCE WITH THE POLICY PROVISIONS. "Here We Are"tree Sculpture and "The Path to Joy and AUTHOMEDREPRESENUTNS Unity" murals- 20 E Main St. Ashland, OR 97520 /�f ®1 010 ACORD CORPORATION- All rights reserved. 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Since he is the artist he is the only one qualified to work on the sculpture.