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Home My WebLink AboutItem 01 Special Procurement for Home Repair Program AGENDA ITEM SUMMARY Meeting Date: 7/2/2018 Meeting Type: Regular Meeting Staff Contact/Dept.: Sandy Belson Staff Phone No: 541-736-7135 Estimated Time: Consent S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality ITEM TITLE: SPECIAL PROCUREMENT FOR SPRINGFIELD HOME REPAIR PROGRAM CONTRACTS ACTION REQUESTED: Approve/Not approve: A RESOLUTION OF THE SPRINGFIELD CITY COUNCIL AS THE LOCAL CONTRACT REVIEW BOARD ESTABLISHING A CLASS SPECIAL PROCUREMENT FOR SPRINGFIELD HOME REPAIR CONTRACTS AND ADOPTING FINDINGS IN SUPPORT OF A SPECIAL PROCUREMENT ISSUE STATEMENT: City staff request approval from the City Council, acting as the local contract review board, for a class special procurement process for independent contractors working with the Springfield Home Repair program. The special procurement process will use a continuously open Request for Qualification (RFQ) to pre-qualify independent contracting firms. After an RFQ is completed, the staff will work with contractor to execute a renewable annual contract with the City. This special procurement will establish a list of qualified on-call contractors and will issue work orders on a rotating basis. ATTACHMENTS: ATT1: Resolution Exhibit A: Request for Qualifications Exhibit B: Independent Contractor Agreement DISCUSSION/ FINANCIAL IMPACT: The Springfield Home Repair Program uses federal Community Development Block Grant funds to pay for home repairs for very-low income citizens. Currently, after a qualifying home owner is approved for a repair, the city calls a contractor from a list of known contractors to determine availability to perform a repair. The City then issues a work order for each repair as an individual contract. This process satisfies federal requirements but does not meet the City’s current contracting standards. The City’s administrative purchasing regulations require informal quotes for each contract for services less than $10,000. Under ORS 297B.085, the City can approve a special procurement if it finds that the procurement (1) is unlikely to encourage favoritism and (2) is expected to result in substantial cost savings or otherwise substantially promotes the public interest. Obtaining informal quotes for each work order increases the time it takes to obtain a needed repair, and likely increases the cost. Selecting contractors from a pre- qualified list provides homeowners with quick repairs at reasonable cost to the City. Using an RFQ to select on-call contractors avoids favoritism or diminished competition. The special procurement process will maintain the efficiencies in processing work orders and will comply with federal rules. The proposed special procurement will better manage risk by requiring contractors to sign agreements that include the City’s standard insurance and indemnification provisions. CITY OF SPRINGFIELD, OREGON RESOLUTION NO. ___________ A RESOLUTION OF THE SPRINGFIELD CITY COUNCIL AS THE LOCAL CONTRACT REVIEW BOARD ESTABLISHING A CLASS SPECIAL PROCUREMENT FOR SPRINGFIELD HOME REPAIR CONTRACTS AND ADOPTING FINDINGS IN SUPPORT OF A SPECIAL PROCUREMENT WHEREAS, the City receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD); WHEREAS, as part of the City’s CDBG program, the City provides Home Repair services to very low income Springfield homeowners; WHEREAS, under the City’s Home Repair program, a grant not to exceed $5,000 is available to a household over a five-year period for home repairs that are urgent in nature, meaning that the condition to repair must pose a health or safety hazard to the occupant or will cause significant decay to the structure if left unabated; WHEREAS, all repairs under the Springfield Home Repair program are performed by licensed and bonded contractors; WHEREAS, the City of Springfield has adopted a Public Contracting Code pursuant to ORS 279A.010 et seq.; WHEREAS, the City Council is designated as the local contract review board for the City of Springfield, pursuant to ORS 279A.060 and Springfield Municipal Code (SMC) Section 2.701; WHEREAS, SMC 2.706(2)(a) provides that public contracts for goods and services not exceeding $10,000 may be awarded based on informal quotes; WHEREAS, under ORS 279B.085(4) and SMC 2.703(3), the local contract review board may approve a special procurement if it finds that the special procurement is (a) unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and is (b) reasonably expected to result in substantial cost savings to the contracting agency or the public, or otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with applicable contracting requirements; WHEREAS, homeowners qualifying for the Springfield Home Repair program often have an urgent need for the repair, and the use of informal quotes for every home repair would increase the time it takes a homeowner to obtain a repair; WHEREAS, the use of informal quotes would increase the cost to local contractors incurred in providing informal quotes for each repair, which cost would likely be passed on to the City and would decrease funds available for other home repairs; WHEREAS, the use of an intermediate procurement request for quote process to establish an on-call contractor list would increase the City’s cost to administer the Springfield Home Repair program and Attachment 1, Page 1 of 3 would likely exclude smaller residential contractors without substantial experience or expertise in the public contracting process from participating in the procurement; and WHEREAS, City staff requests the City Council, as the local contract review board, authorize a special procurement for home repair services as a class special procurement, establishing an on-call list of qualified residential contractors who agree to the City’s required contract terms and to abide by the hourly rates set by the City for home repairs, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The Council approves the special procurement for home repair services as a class special procurement. Section 2: The City Council adopts the following findings: A. The class special procurement for home repair services is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because the special procurement process sets the rate of compensation for home repair services at a given level and provides more opportunity for residential contractors to participate in the public contracting process than under a more formal request for quote procurement process. B. The class special procurement for home repair services substantially promotes the public interest in a manner that could not be realized by utilizing informal quotes or a competitive proposal or bidding process because (1) it allows home repairs to be scheduled and completed quickly when the repair left unabated would pose a health or safety hazard to the occupant or would cause significant decay to the structure, and (2) it saves significant staff time and resources and allows more small residential contractors to participate in, and benefit from, public contracts. Section 3: The class special procurement for home repair services shall be conducted as follows: A. City staff will issue a Request for Qualifications (RFQ) to develop a rotating on- call contractor list for home repair services. The RFQ will remain open to contractors on a rolling basis. Contractor eligibility requirements to be placed on the list will be substantially those qualifications set forth in Exhibit A, attached hereto and incorporated herein, and as may be modified by the City Manager from time to time to account for needed adjustments for the program. B. All contractors on the Springfield Home Repair contractor list will be required to execute a contract with the City for on-call Springfield Home Repair services, substantially in the form set forth in Exhibit B, attached hereto and incorporated herein. C. Contractors on the SHR contractor list who fail to meet the City’s qualifications or are otherwise in breach of the contract may be removed from the Springfield Home Repair contractor list. D. When the City receives a request for a qualifying home repair from a qualified homeowner, the City will issue a work order to a contractor on the Springfield Home Repair contractor list. Contractors will be selected from the list on a rotating basis by trade depending on the contractor’s availability to perform the needed repair in a timely manner. Attachment 1, Page 2 of 3 Section 4. Public notice of this special procurement will be given by publication in the Register Guard and by posting to the City’s public procurement web page in accordance with ORS 279B.085(5). Section 5: This Resolution will take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2018, by a vote of _____ for and ____ against. _________________________________ Mayor ATTEST: __________________________ City Recorder Attachment 1, Page 3 of 3 Exhibit A, Page 1 of 2 Exhibit A, Page 2 of 2 CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT (Type 1: For Public Works Contracts under $50,000 that are not Public Improvement Projects) Contract # Dated: Parties: City of Springfield (“CITY”) A municipal corporation in the State of Oregon 225 Fifth Street Springfield, Oregon 97477 and (“Independent Contractor”) Additional Independent Contractor Information: A. Type of Entity: Sole Proprietorship Partnership Limited Liability Company Corporation B. Address: C. Telephone: D. Fax No: E. Fed. I.D. No: F. DUNS #: G. Construction Contractor Board No: Date Verified: H. SAM: Date Verified: I. CFDA: 14.218 Community Development Block Grant J. Federal Award Identification Number (FAIN): B-14-MC-41-002, B-15-MC-41-002, B-16-MC-41-002, and B-17-MC-41-002 K. City Project Description: Home Repair Program L. Foreign Contractor: Yes No (Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11). City Account Number(s) To Be Charged (Include Percentages): Account Number Percentage 210-07600-1035-611008-HXXXX 100% In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described in Exhibit D. 2. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule described in each discrete WORK ORDER executed for a specific scope of work. The WORK ORDER Exhibit B, Page 1 of 17 template for each discrete scope of work is Exhibit E, attached hereto and incorporated herein by this reference. No single WORK ORDER shall exceed $5,000.. 3. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to ap@springfield-or.gov. Invoice will be paid on net 30 day terms upon City acceptance of goods delivered, work or services performed. The invoice must reference this contract #XXX and approval code #XXX. 4. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30, 2019, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. City may renew contract with a finding of satisfactory performance and no significant changes in Independent Contractor qualifications, as agreed to in Exhibit D. 5. On-Call Work Order Process. Through execution of this agreement, Independent Contractor agrees to participate in an on-call work order program with other Independent Contractors. Independent Contractors will be added to a list of available on-call contractors to perform work orders on behalf of the City. Work orders will be assigned to Independent Contractors on a rotating basis based on contractor’s expertise and availability and at the discretion of the City. 6. Work Order Completion. Work orders will be submitted to Independent Contractor on an as-needed and rotating basis at the sole discretion of the City. Once a work order is issued to the Independent Contractor, the contractor must complete the work within 10 days unless a shorter time-frame is specified in the work order due to the urgent nature of the repairs. The Independent Contractor agrees to complete all work orders submitted to the contractor within 10 days of receiving a work order or within the time stated on the work order, unless extreme circumstances prevent the Independent Contractor from performing the work. If a work order is submitted to the Independent Contractor and the contractor is unable to perform the work within 10 days of receiving the work order or within the time stated on the work order, the Contractor must promptly inform City staff, and the work order will be reassigned. Failure to execute a work order consistently with this section may be grounds for termination of this contract. 7. Sourcing. This special procurement #2088 was approved by the Springfield City Council on [DATE] as Resolution [NUMBER]. This contract is non-exclusive and the City reserves the right to enter into additional agreements with other Independent Contractors as part of this special procurement or to close the procurement to new contractors at any time. 8. First Point of Contact. Independent Contractor: [insert name, ph# and email address] CITY: [Penny Olsen, 541-736-1039, polsen@springfield-or.gov] 9. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an “Independent Contractor” as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and incorporated herein by this reference. 10. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 279B.110, ORS 279B.220, ORS 279B.225, ORS 279B.230 and ORS 279B.235, and as more fully set forth on Exhibits “A”, “B” and “C” attached hereto and incorporated herein by this reference. 11. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business. Exhibit B, Page 2 of 17 12. Warranty. Independent Contractor will warranty all workmanship for 1 (one) year from acceptance of the work. 13. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor and as more specifically set forth in Exhibit C. 14. Reimbursement of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. 15. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to perform the services required unless otherwise agreed in writing. 16. No Authority to Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, its officers, agents and employees. This Agreement shall not create a partnership or joint venture of any sort between the parties. 17. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently employed by the Federal Government and the amount charged does not exceed Independent Contractor’s normal charge for the type of services provided. 18. Indemnification and Hold Harmless. Independent Contractor shall defend, indemnify and hold harmless City from and against all liability or loss and against all claims or actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection with the performance of this Contract by Independent Contractor except, pursuant to ORS 30.140, for losses, claims, or actions resulting from the sole negligence of City. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 19 shall not negate Independent Contractor’s obligations in this paragraph. 19. Insurance. 19.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this Agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury or property damage. The policy will contain a “per project” aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits of at least the minimum required in the State of Oregon shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Exhibit B, Page 3 of 17 Liability policy as respects to work or services performed under this Agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the Independent Contractor’s agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its own. The City may require an insurance loss run showing all claims from the previous 3 years. The city in its sole discretion may terminate this contract if contractor’s previous claim history is determined to be inadequate. If the City requires Professional Liability coverage, the City’s Risk Manager must approve the terms, conditions and limits. Independent Contractor understands that CITY is a public entity subject to the requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims Act, Independent Contractor agrees that the limits regarding liability insurance set forth in this Section 19 will be modified to conform to such limits. Independent Contractor and CITY shall sign an amendment to this Agreement incorporating such modification. 19.2. Asbestos Abatement. (Only applicable to contracts where asbestos maybe present) If in the event the contractor finds asbestos in the home where a work order has been requested by the City, the contractor will stop work on the work order, and will contact the City. The City may choose to cancel work orders for homes that are found to contain asbestos. The City will authorize a contractor to proceed with work following a finding of asbestos if the contractor’s Commercial General Liability policy is written on a form that meets the following ASBESTOS SPECIFIC requirement: a. A full occurrence form, or b. A limited occurrence form with at least a three-year (3 year) tail, or c. A claim-made form with a three-year (3 year) tail. 19.3. 19.4.19.3. Workers’ Compensation. Independent Contractor shall provide and maintain workers’ compensation coverage with limits not less than $500,000 for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws as defined in ORS 656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written statement signed by Independent Contractor. 19.5.19.4. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence. 19.6.19.5. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Independent Contractor shall provide written notice to the City contract manager within 2 calendar days after the Independent Contractor becomes aware that their coverage has been canceled or has been materially changed. The Independent Contractor shall either fax 541-726-3782 said notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the City. Regardless of what circumstances caused Independent Contractors insurance coverage to cease or be modified, it is the Independent Contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.________(Independent Contractor initials) 19.7.19.6. Equipment and Material. The Independent Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. 19.8.19.7. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’ compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Independent Contractor shall require certificates of insurance from all subcontractors as evidence of coverage. 19.9.19.8. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager. Exhibit B, Page 4 of 17 19.10.19.9. Railroad Protective Liability Coverage. If work being performed under this agreement is near railroad tracks or a railroad right of way and the Railroad requires special insurance (for example: Railroad Protective Liability Coverage) Independent Contractor will be responsible for meeting the Railroad insurance requirements before any work commences. Any insurance required to be purchased by the Railroad is in addition to the insurance required by the City. 20. Clean Record. The Independent Contractor must remain in good standing with the Construction Contractor’s Board. The Independent Contractor must maintain basic fitness requirements of his/her their license with the Construction Contractors board referenced in OAR 812-005-0280. The Independent Contractor must notify the City in the event a claim is filed and a certified judgement requires payment of the claim. The Independent Contractor must notify the City if their his/her license has been suspended. The City may require additional information on active claims, unpaid debt, complaint history, disciplinary history or administrative suspensions in the last ten years. Prior to contract renewal, City staff will review Independent Contractor’s status with the Construction Contractor’s Board. 21. Compliance With Law. Any conviction of the Independent Contractor or employee involving the crimes listed in ORS 701.098, fraud related to the construction business, stolen or embezzled property, a crime of violence, a drug-related offense, or moral turpitude during the course of this contract is cause for suspension or removal of the employee or termination of this contract. An Independent Contractor or employee arrested or charged with any of the above crimes shall not provide services in connection with any Springfield Home Repair work order until the case is adjudicated. 22. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Independent Contractor’s work and payment therefore by CITY. 23. Rights in Data. All original written material, including programs, card decks, tapes, listings, and other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can be used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section. 24. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent, employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and employee performing services of the confidentiality obligation that pertains to such information. 25. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Formatted: Font: (Default) Arial Exhibit B, Page 5 of 17 Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 26. Successors in Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 27. Compliance with All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor. 28. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 29. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 30. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with such claim or suit. 31. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 32. Access to Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 33. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 34. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 35. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 36. Americans With Disabilities Act Compliance. Independent Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973. 37. Dual Payment. Independent Contractor shall not be compensated for work performed under this contract from any CITY agency other than the agency which is a party to this contract. Exhibit B, Page 6 of 17 38. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement. 39. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above. CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR: By: By: Name: Name: Title: Title: Date: Date: Formatted: Font: Arial, Bold Formatted: Normal Exhibit B, Page 7 of 17 EXHIBIT “A” INDEPENDENT CONTRACTOR STATUS Independent contractor states and represents that contractor is an independent contractor as that term is defined in Oregon Revised Statute 670.600 and more specifically represents, states and agrees that in providing the services and scope of work specified in this contract: 1. Independent contractor provides services for remuneration; and 2. Independent contractor is free from direction and control over the means and manner of providing the services and scope of work subject only to the right of City to specify the desired results; and 3. Independent contractor is customarily engaged in an independently established business; and 4. Independent contractor is licensed within the state of Oregon to provide any services for which a license is required under ORS Chapter 671 or 701 and is responsible for obtaining other licenses or certificates necessary to provide the service or scope of work; and 5. Independent contractor complies with at least three of the following requirements: (a) A business location is maintained that is separate from the business or work location of City; or is in a portion of the independent contractor’s residence and that portion is used primarily for the business. (b) The independent contractor bears the risk of loss related to the provision of services or scope of work such as entering into a fixed price contract, defective work is required to be corrected, the services provided are warranted or indemnification agreements, liability insurance and performance bonds and errors and omissions insurance are provided. (c) Contracted services for two or more different persons or entities within a twelve month period have been obtained, or routinely engaged in business advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. (d) Significant investment in the business has been made such as purchasing tools or equipment, paying for premises or facilities where services are provided, paying for licenses, certificates or specialized training. (e) Possesses authority to hire other persons to assist in providing their services and has the authority to fire those persons. 6. Independent contractor will immediately inform City in the event that it fails to conduct its services in one or more particulars as represented in 1 through 5 above. Exhibit B, Page 8 of 17 EXHIBIT “B” City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: 1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1) 2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2). 3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3). 4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4). 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225. 6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279B.230. 7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2). 8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3). 9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work. ORS 279B.235(5). If this agreement is for a public improvement, the contract shall contain the following conditions: 10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279C.505(1)(a). 11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b). 12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c). 13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). 14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2). Exhibit B, Page 9 of 17 15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515. 16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims. ORS 279C.515(4). 17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279C.100, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or, b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and, c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1). An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.520(2). 18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3). 19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279C.520(5) 20) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state, and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other agencies may have enacted ordinances or regulations that may apply. If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion, terminate the Contract, complete the work itself; use non-agency forces already under contract with the City, require that the underlying property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the Contractor a change order setting forth the additional work that must be undertaken. If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition. FEDERAL AGENCIES Department of Agriculture Fish and Wildlife Services Forest Service Office of Surface Mining Soil Conservation Service Reclamation and Enforcement Department of the Army Corps of Engineers Bureau of Reclamation Coast Guard Department of Labor Department of Health and Human Services Occupational Safety and Health Administration Department of the Interior Mine Safety and Health Administration Bureau of Indian Affairs Department of Transportation Bureau of Land Management Federal Highway Administration Bureau of Outdoor Recreation Environmental Protection Agency Department of Commerce STATE AGENCIES Department of Agriculture Department of Human Services Department of Energy Land Conservation and Development Commission Exhibit B, Page 10 of 17 Department of Environmental Quality Division of State Lands Department of Fish and Wildlife State Soil and Water Conservation Commission Department of Forestry Water Resources Department Department of Geology and Minerals Oregon Department of Transportation LOCAL AGENCIES Common Council, City of Springfield Planning Commission, City of Springfield Environmental Services, City of Springfield Development Services Department, City of Springfield Board of Commissioners, Lane County Planning Commission, Lane County Lane Regional Air Protection Agency Springfield Utility Board Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts Rainbow Water District 21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279C.530. 22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1). If this agreement is for demolition, the contract shall also contain the following conditions: 23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1) Exhibit B, Page 11 of 17 EXHIBIT “C” OREGON TAX LAWS COMPLIANCE AND CERTIFICATION A. Independent Contractor's Compliance with Tax Laws. 1. Independent Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, 'tax laws" includes all the provisions described in Subsection B. 3. (i) through (iv) of this Contract. 2. Any violation of Subsection 1 of this Section A shall constitute a material breach of this Contract. Further, any violation of Independent Contractor's warranty, in Subsection B.3. of this Contract, that Independent Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to: a. Termination of this Contract, in whole or in part; b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Independent Contractor, in an amount equal to State's setoff right, without penalty; and c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Independent Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing [replacement Services/replacement Goods/ a replacement Independent Contractor]. These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. B. Independent Contractor's Representations and Warranties. Independent Contractor represents and warrants to City that: 1. Independent Contractor (to the best of Independent Contractor's knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the [date of Closing of {bids/proposals}for/effective date of] this Contract, faithfully has complied with: (i) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of this state that applied to Independent Contractor, to Independent Contractor's property, operations, receipts, or income, or to Independent Contractor's performance of or compensation for any work performed by Independent Contractor; (iii) Any tax provisions imposed by a political subdivision of this state that applied to Independent Contractor, or to goods, services, or property, whether tangible or intangible, provided by Independent Contractor; and (iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. Any [Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc.] [delivered to/granted to] City under this Contract, and Independent Contractor's Services rendered in the performance of Independent Contractor's obligations under this Contract, shall be provided to City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. Exhibit B, Page 12 of 17 EXHIBIT D Statement of Work PROJECT DESCRIPTION: The City of Springfield is contracting with qualified firms to provide professional service, maintenance, repair and/or replacement services for a variety of private residential home repair and accessibility improvement needs for citizens participating in the Springfield Home Repair Program. Services will be provided at various private residences for citizens participating in the Community Development Block Grant (CDBG)-funded Springfield Home Repair Program. This program provides home repair services to very low-income Springfield homeowners within US Department Housing and Urban Development (HUD) requirements. The city has pre-qualified the Independent Contractor to provide electrical, plumbing, roofing or general contractor repair work. Multiple qualified firms will be on the on-call rotation as needed basis for work orders as they arise. Services under the On-Call Contract will be provided on an as-needed basis through discrete Work Orders. The duration of this On-Call Contract will be on a fiscal year basis that runs July 1 - June 30. At the City of Springfield’s option, the On-Call Contract may be extended annually. The combined total value of all work orders under the initial On-Call Contract shall not exceed $100,000 for the Springfield Home Repair Program. The Work Order for each project will be at the City’s sole discretion. PROCESS: Independent Contractors will be contacted by authorized City staff when the need arises for associated home repair work under the On-Call Contract. The Independent Contractor will be provided a Work Order. The Independent Contractor will perform the work required within 10 days of the Work Order being issued (timeline may be shortened due to emergency status of needed repair). Should the Independent Contractor not be able to perform the work, City staff will move to the next Independent Contractor on the list and offer the available work order. Independent Contractor selection will be conducted in rotating order. DESIRED OUTCOMES: Complete ongoing home repair projects to address conditions that create a threat to health and safety in private residences or that could cause rapid deterioration of the home. Complete accessibility improvements to enable residents to enter the home or maneuver within the home. CITY OF SPRINGFIELD RESPONSIBILITIES: City shall determine if the homeowner is qualified to receive services from the Springfield Home Repair Program. City shall visit the home and conduct the Environmental Review per HUD requirements. City shall issue a Work Order for authorized repair or improvements to the next appropriate and available contractor on the On-Call list. City shall verify work completion. CONTRACTOR RESPONSIBILITIES: Independent Contractor shall be responsible for miscellaneous repairs and/or replacements on varied apparatus as indicated in the Work Order, including but not limited to: Exhibit B, Page 13 of 17 Repair or replacement of broken or defective equipment and/or part as needed by the home owner. Replacement of units, or entire systems if deemed necessary. Troubleshoot and repair or replace broken or malfunctioning equipment. Perform work on multiple brands of equipment and multiple types of equipment. Independent Contractor shall notify City within 48 hours of receiving a Work Order if unavailable or unable to complete the work as identified in the work order. Independent Contractor shall coordinate with the homeowner to schedule the work. Independent Contractor must give priority to Work Orders of an emergency status. Independent Contractor shall notify the City of any recommended changes to the Work Order based on assessment of the situation and obtain city approval before undertaking the amended Work Order. Independent Contractor must perform other services as may be needed when on the Work Order. Independent Contractor shall pay for all required permits when required by code and individual project specifications. Independent Contractor shall have all work tested and inspected as required by applicable codes and ordinances. Independent Contractor shall notify the City upon completion of the work. Independent Contractor shall notify the City of any changes in contact information or status. ADDITIONAL QUALIFICATIONS: In addition to the qualifications listed above, Independent Contractors must meet the following qualifications to be considered for contracts for the Springfield Home Repair Program: Firms that are included in the On-Call contract shall be licensed and registered with the State of Oregon as a Contractor able to do the specified work. Employees shall be appropriately certified or supervised as required by applicable codes, ordinances, or industry standards. Firms, subcontractors, and employees shall not be listed on the federal System for Award Management (“SAM”) exclusion list (aka Debarments) or the Oregon Construction Contractors Board ineligible list. The City may request additional information from Independent Contractors prior to executing a contract, including supporting references and insurance run-loss statements, and information on any active claims, unpaid debt, complaint history, disciplinary history or administrative suspensions. Electrical Contractor Responsibilities Contractor shall be responsible for miscellaneous, code compliant electrical repairs and/or replacements on the following apparatus types, including but not limited to: Troubleshoot, repair or replace broken or defective electrical Replacing malfunctioning light fixtures, electrical switches or outlets Replacing malfunctioning light fixtures, electrical switches or outlets Repair/replace breakers or install new breaker box Item # Requirements or Specifications Costs 1.0 Labor Rates Cost Per Hour 1.1 Labor cost - Journey Technician 1.2 Labor cost - Apprentice Technician Exhibit B, Page 14 of 17 1.3 Over Time Labor cost - Journey Technician 1.4 Over Time Labor cost - Apprentice Technician 2.0 Material and Supply % Markup 2.1 Mark Up Rate Plumbing Contractor Responsibilities Contractor shall be responsible for miscellaneous, code compliant plumbing repairs and/or replacements on the following apparatus types, including but not limited to: Troubleshoot, repair or replace broken or defective plumbing Fixing plumbing leaks Repairing damage from frozen pipes Repairing water or sewer connection within existing utility trench alignment Replacing malfunctioning water heater Item # Requirements or Specifications Costs 1.0 Labor Rates Cost Per Hour 1.1 Labor cost - Journey Technician 1.2 Labor cost - Apprentice Technician 1.3 Over Time Labor cost - Journey Technician 1.4 Over Time Labor cost - Apprentice Technician 2.0 Material and Supply % Markup 2.1 Mark Up Rate Roofing Contractor Responsibilities Contractor shall be responsible for miscellaneous, code compliant roof repairs and/or replacements on the following apparatus types, including but not limited to: Troubleshoot and repair leaks and structural deficiencies Fixing leaks Application of waterproof coating to a flat roof Replacement of deteriorated flashing In-kind replacement of loose or missing shingles or tiles Item # Requirements or Specifications Costs 1.0 Labor Rates Cost Per Hour 1.1 Labor cost - Journey Technician 1.2 Labor cost - Apprentice Technician 1.3 Over Time Labor cost - Journey Technician 1.4 Over Time Labor cost - Apprentice Technician 2.0 Material and Supply % Markup 2.1 Mark Up Rate General Contractor Responsibilities Contractor shall be responsible for miscellaneous, code compliant general repairs and/or replacements on the following apparatus types, including but not limited to: Troubleshoot and repair leaks and structural deficiencies in the home Exhibit B, Page 15 of 17 InstallConstruct ramps, install grab-bars or other items to improve accessibility to and within the home Replace breakers, switches and outlets Repair/replace stairs due to safety issues Replace broken wood in porches Replace broken windows Replace broken door locks or handles Item # Requirements or Specifications Costs 1.0 Labor Rates Cost Per Hour 1.1 Labor cost - Journey Technician 1.2 Labor cost - Apprentice Technician 1.3 Over Time Labor cost - Journey Technician 1.4 Over Time Labor cost - Apprentice Technician 2.0 Material and Supply % Markup 2.1 Mark Up Rate City Project Lead Penny Olsen, polsen@springfield-or.gov, 541-736-1039 Timeline, Major Milestones or Tasks Tasks will be assigned by staff, as necessary, using individual discrete WORK ORDERS. Each project will be scheduled in advance. Proposed Budget for each WORK ORDER Not to exceed $5,000 Exhibit B, Page 16 of 17 SAMPLECity of Springfield, OR Work Order WORK ORDER # _________ HOME REPAIR PROGRAM DATE:__________________ Name:Name: Address:Address: City/Zip City, St.ZIP Reg. #:Phone:Client ID:Phone: Attn:Fax:Note: Call to make an appointment Email address: Rehabilitation Specialist Date Owner Date City Contact: Penny Olsen: 541-736-1039 For invoicing instructions see Contract 2. Invoice. Independent Contractor Work Location You are hereby authorized to proceed with the repairs requested above. Work Request: Independent Contractor is responsible for obtaining all permits and inspections to carry out the necessary repairs Work must be completed within 10 days of issue. Terms and conditions that govern this WORK ORDER as per the executed Independent Contractor Agreement Contract # ______ dated ______ between the City of Springfield, a municipal Corporation in the State of Oregon and [Independent Contractor Name]. Exhibit B, Page 17 of 17