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HomeMy WebLinkAbout2011-201 Contract - Evergreen Job & Safety Contract for SAFETY TRAINING CITY OF CONSULTANT: Evergreen Job & Safety Training ASHLAND CONTACT: Douglas J. Lindstrom, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: 309 Knoch Ave, Susanville, CA 96130 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 530-257-7812, 530-251-7743 DATE AGREEMENT PREPARED: August 6,2009 FAX: 530-257-8266 BEGINNING DATE: July 1, 2009 COMPLETION DATE: June 30, 2012 COMPENSATION: Electric Department: FY 09-10 $21,678.48, FY 10-11 $22,545.60, FY 11-12 $23,447.40, Public Works: FY 09-10 22 198.08, FY 10-11123,085,96, FY 11-12 $24,009.36 SERVICES TO BE PROVIDED: Job & Safety Training - (12) Programs per year, Includes administration, record keeping, program development, travel, lodging, meals, etc. Certain additional training materials such as CPR/First Aid and Traffic Control Training Manuals will be billed to the City at cost. 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/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 jincluding 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. Contract for Personal Services,Revised 06/19/2009, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b' City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: 1. 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. 1. 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. it. 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/L-iability-of P-arties—Termination-or-modittcation-of-this-contract pursuant-to-subsections-a7 b-dr- ----- 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 Property Damage, Contract for Personal Services, Revised 06/19/2009, Page 2 of 5 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 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 Consultants 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-PURPO$EGIVEN-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. Nonapp'ropriations 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. CONS LTANT CITY OF ASHLAND: BY V S ,yLi BY 0,A gnat e FINANCE DIRECTOR Paint Name TITLE C DATE ,ot© . CONTRACTAWAR AND NDI S DETERMINED BY: DATE /J 4 ©T By B ? Q City De artment Head Date: Approved as to q Date: form by Legal: -�•- 1 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# Ali P !!/r'p V-e� -yo 4:,-� PURCHASEORDER# Contract for Personal Services, Revised 06/19/2009, 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) 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. —_A-Z-- --(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. A7'� � e � 1 ' — 1�' Contrac (Date) Contract for Personal Services,Revised 06119/2009,Page 4 of 5 EVERGREEN JOB & SAFETY TRAR UNG Douglas J.Lindstrom—President 309 Knoch Avenue, Susanville,California 96130 Office Phone: (530)257-7812 Office Fax:(530)257-8266 Cell Phone:(530)251-7743 July 21,2009 City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 Attn: Scott Johnson Re: Safety Training Proposal -Electric and Public Works Dear Mr. Johnson: I appreciate the opportunity to present you with this proposal. As your Job and Safety Training Instructor, I will be dedicated to providing you with the best possible service to meet the specific needs of the City of Ashland Electric and Public Works Departments. This proposal is based on 12 proorarus peryear-forthe-next three-years,-July-2009-through July_2012.-Eollo_wiug is a break down of the price per month and the price per year including our one-time 10% inflationary increase and our standard 4%annual increase: ELECTRIC DEPARTMENT: PUBLIC WORKS DEPARTMENT: Basic Rate for 16-20 Employees Basic Rate for up to 60 Employees 2009-2010 2009-201 Annual: $21,678.48 Annual$22;198.08 Monthly: $1,806.54 Monthly $1,849.84 2010-2011 2010-2011 Annual: $22,545.60 Annual $23,085.96 Monthly: $1,878.80 Monthly 1,923.83 2011-2012 2011-2012 Annual$23,447.40 Annual$24,009.36 Monthly$1,953.95 Monthly$2,000.78 This includes all of my expenses, including Administration,Record Keeping,Program Development, `Travel, Lodging,Meals, etc. Certain additional Training Materials such as CPR/First Aid and Traffic Control Training Manuals will be billed to you at my cost. I will discuss the cost of these materials with you prior to supplying any of them to your employees. I look forward to serving you in this capacity. Please call if you have any questions and thank you again for this opportunity. Sincerely, Douglas J.Lindstrom President/Instructor Y RECORDER Page 1 / 1 ASHLAND CITY OF I% PO NUMBER?i'.. 20 E MAIN ST. 8/17/2011 10389 ASHLAND, OR 97520 (541)488-5300 VENDOR: 002071 SHIP TO: Ashland Electric Department EVERGREEN JOB & SAFETY (541)488-5354 309 KNOCH AVE 90 N MOUNTAIN SUSANVILLE, CA 96130 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net 30 days Dept.: Req.Del.Date: Contact: Dave Tygerson Special Inst: Confrmingl No y ry:w A ' 'Description vu.a is. syr. 5 1 0•„. .yy.,6r.Ae aY'% .._4uanti UnY. . . .: a . '�:tj I Price. Safety Training FY 2012 23,447.40 ELECTRIC &AFN Electric 75% AFN 25% Per attached contract: Contract for Safety Training Beginning date: July 1, 2009 Completion date: June 30, 2012 Insurance required/On file SUBTOTAL 23 447.40 BILL To:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 23,447.40 ASHLAND, OR 97520 „,,Account Numbe,M V P,r6ject`Number�, , � ._x',,., Amoun[ '„ � Account"'�'NuummberY E �'"w.;7 T"°� r' e° _ � _ _ � _,„_ s,m:.ProjechNumber�y:�;LjWAmount E 690.11.18.00.60640 17 585.55 E 691.02.47.00.60640 5,861.85 z0g< AuthorizW Signature / VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name `may u� S ct Address,City,State,Zip Contact Name&Telephone Number Fax Number SOLICITATION PROCESS ❑ Exemot from Competitive Bidding ❑ Emergency ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached El Quote or proposal 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 ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5;000 to$100.000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached I Contract# PERSONAL SERVICES Lrr Special Procurement ❑ Intergovernmental Agreement $5,000 to$75,000 2 Written Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment []'Quote or Proposal attached Contract# ❑ 3 Written proposals attached Date approved by Council: —G' Date approved by Council: Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost �v.TO-••'T%►1Tt'COSTd ❑ Per attached quotelproposal ooEO� o7SR y4 Project Number______•___ Account Number6yai'-ig Account Number__---_-__- -______ Account Numbef`���°� ��OO�'� ���/> 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date By signing this requisition form,I certify that the information provided above satisfies the City's public contracting requirements,and the documentation can be provided upon request — Employee Signature; R 1 1 c 4 XX1ff ' Y , Department Head Signature: Additional signatures(if applicable): Funds appropriated for current fiscal year.• EE / NO Finance Director Date Comments: G:FinancelProcedurelAPTormsTorm#3-Requisition.doc Updated on:8/17/2011