AGREEMENT FOR PROFESSIONAL, TECHNICAL, OR EXPERT SERVICES
CONTRACT NO. ___________
SHORT TITLE OF WORK PROJECT: Police Promotional Assessment Center Consulting Services
This contract is between the City of Portland, acting by and through its Elected Officials, hereafter called "City," and Booth Research Group, Inc., hereafter called Contractor. The City's Project Manager for this contract is Donna Henderson, Captain, Portland Police Bureau.
Effective Date and Duration
This contract shall become effective on July 1, 2002 (or on the date at which every party has signed this contract, whichever is later.) This contract shall expire, unless otherwise terminated or extended, on June 30, 2003
Statement of Work
(a) The statement of work is contained in EXHIBIT A attached hereto and by this reference made a part hereof.
(b) The delivery schedule for the work is identified in EXHIBIT A.
Consideration
(a) City agrees to pay Contractor a sum not to exceed $58,500 for accomplishment of the work, plus a sum not to exceed $7,500 for transportation, meals and lodging costs associated with the work for the Booth Research Group at lowest available fare, for a total contract amount not to exceed $66,000.
(b) Interim payments shall be made to Contractor according to the schedule identified in EXHIBIT A.
Terms and conditions listed on pages 2 - 4.
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CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Name (please print): Booth Research Group, Inc.
Address: 12689 Antelope Trail, Parker CO 80138
Social Security #: _______________________________
Federal Tax ID #:84-1118234 State Tax ID #: _______________ Business License # 410480
Citizenship: Nonresident alien ____ Yes __XX__ No
Business Designation (check one): ____ Individual ____ Sole Proprietorship ____ Partnership __XX__ Corporation
____ Limited Liability Co (LLC) ____ Estate/Trust ____ Public Service Corp. ____ Government/Nonprofit
Payment information will be reported to the IRS under the name and taxpayer I.D. number provided above. Information must be provided prior to contract approval. Information not matching IRS records could subject you to 20 percent backup withholding.
I, the undersigned, agree to perform work outlined in this contract in accordance to the terms and conditions (listed on pages 2-4 and made part of this contract by reference) and the statement of work made part of this contract by reference; hereby certify under penalty of perjury that I/my business am not/is not in violation of any Oregon tax laws; hereby certify that my business is certified as an Equal Employment Opportunity Affirmative Action Employer as prescribed by Chapter 3.100 of Code of the City of Portland; and hereby certify I am an independent contractor as defined in ORS 670.600.
Approved by the Contractor: _______________________________________ _____________________
Signature/Title Date
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CITY OF PORTLAND SIGNATURES
Approved by Mayor: _______________________________________________________ Mayor Date
Approved by Chief of Police: _______________________________________________________
Chief of Police Date
Approved by City Auditor: _______________________________________________________
City Auditor Date
Approved as to form
by City Attorney: _______________________________________________________
(Rev.07/00) Office of City Attorney Date
Page 1 of 4 Rev. 07/00
CITY OF PORTLAND
STANDARD CONTRACT PROVISIONS FOR
PROFESSIONAL, TECHNICAL & EXPERT SERVICES (MANDATORY PROVISIONS)
1. Access to Records
The Contractor shall maintain, and the City of Portland ("City") and its duly authorized representatives shall have access to the books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City.
2. Audits
(a) The City, either directly or through a designated representative, may conduct financial and performance audits of the billings and services specified in this agreement at any time in the course of the agreement and during the three (3) year period established by section 1, Access to Records. Audits will be conducted in accordance with generally accepted auditing standards as promulgated in Government Auditing Standards by the Comptroller General of the United States General Accounting Office.
(b) If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to the City.
(c) If any audit shows performance of services is not efficient in accordance with Government Auditing Standards, or that the program is not effective in accordance with Government Auditing Standards, the City may pursue remedies provided under section 5, Early Termination of Agreement and section 7, Remedies.
3. Effective Date and Duration
The passage of the contract expiration date (as recorded on reverse side) shall not extinguish, prejudice, or limit either party's right to enforce this contract with respect to any default or defect in performance that has not been cured.
4. Funds
The City certifies that sufficient funds are available and authorized for expenditure to finance the cost of this contract.
5. Early Termination of Agreement
(a) The City and the Contractor, by mutual written agreement, may terminate this Agreement at any time.
(b) The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate in its sole discretion.
(c) Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination.
6. Payment on Early Termination
(a) In the event of termination under subsection 5(a) or 5(b), Early Termination of Agreement hereof, the City shall pay the Contractor for work performed in accordance with the Agreement prior to the termination date.
(b) In the event of termination under subsection 5(c), Early Termination of Agreement hereof, by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section.
(c) In the event of termination under subsection 5(c), Early Termination of Agreement hereof, by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 7(a), Remedies.
(d) In the event of early termination all of the Contractor's work product will become and remain property of the City.
7. Remedies
(a) In the event of termination under subsection 5(c), Early Termination of Agreement, hereof, by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess.
(b) The remedies provided to the City under section 5, Early Termination of Agreement and section 7, Remedies for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.
(c) In the event of breach of this Agreement by the City, then the Contractor's remedy shall be limited to termination of the Agreement and receipt of payment as provided in section 5(c), Early Termination of Agreement and section 6(b), Payment on Early Termination hereof.
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8. Subcontracts and Assignment
Contractor shall not subcontract, assign or transfer any of the work scheduled under this agreement, without the prior written consent of the City. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. The Contractor agrees that if subcontractors are employed in the performance of this Agreement, the Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers’ Compensation.
9. Compliance with Applicable Law
In connection with its activities under this Agreement, Contractor shall comply with all applicable federal, state and local laws and regulations. Contractor shall complete Exhibit B, Independent Contractor/Workers’ Compensation Insurance Questionnaire, which is attached hereto and by this reference made a part hereof.
9a. Indemnity - Claims for Other than Professional Liability
Contractor shall defend, save, and hold harmless the City of Portland, its officers, agents, and employees, from all claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of Contractor or its subcontractors, agents or employees under this agreement.
9b. Indemnity - Claims for Professional Liability
Contractor shall defend, save, and hold harmless the City of Portland, its officers, agents, and employees, from all claims, suits, or actions arising out of the professional negligent acts, errors or omissions of Contractor or its subcontractors and sub-consultants, agents or employees in performance of professional services under this agreement.
9c. Indemnity - Standard of Care
If Contractor's services involve engineering or consulting, the standard of care applicable to Contractor's service will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time such services are performed. Contractor will re-perform any services not meeting this standard without additional compensation.
10. Insurance
Exhibit C is hereby referenced and made a part of this contract.
11. Ownership of Work Product
All work products of the Contractor which result from this contract are the exclusive property of the City.
12. Nondiscrimination
Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the Americans With Disabilities Act of 1990 (Pub I. No. 101-336) including Title II of that Act, ORS 659.425, and all regulations and administrative rules established pursuant to those laws.
13. Successors in Interest
The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns.
14. Severability
The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction 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 contract did not contain the particular term or provision held to be invalid.
15. Waiver
The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision.
16. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost.
17. Governing Law
The provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Multnomah County Oregon.
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18. Amendments
(a) The City and the Contractor may amend this Agreement at any time only by written amendment executed by the City and the Contractor. Unless otherwise provided, if the original contract required an ordinance, any amendment that increases the amount of compensation payable to the Contractor must be approved by ordinance of the City Council. If the original contract did not require an ordinance, the commissioner-in-charge may approve an amendment increasing the amount of compensation, provided the total contract price does not exceed the formal bid threshold amount set annually by the City Auditor. The Project Manager may agree to and execute any other amendment on behalf of the City.
(b) Any change in the Scope of Contractor Services shall be deemed an amendment subject to subsection (a).
19. Business License
The Contractor shall obtain a City of Portland business license as required by PCC 7.02.030 prior to beginning work under this Agreement. The Contractor shall provide a business license number in the space provided on page one of this Agreement.
20. Prohibited Interest
(a) No City officer or employee during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
(b) No City officer or employee who participated in the award of this Agreement shall be employed by the Contractor during the period of the Agreement.
21. Payment to Vendors and Subcontractors
The Contractor shall timely pay all suppliers, lessors and contractors providing it services, materials or equipment for carrying out its obligations under this Agreement. The Contractor shall not take or fail to take any action in a manner that causes the City or any materials that the Contractor provides hereunder to be subject to any claim or lien of any person without the City's prior written consent.
Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTES 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 SPECIFIC INSTANCES AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ THIS CONTRACT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
OPTIONAL PROVISIONS (selected by City Project Manager)
22. Arbitration: /_XX__/ Not Applicable /___/ Applicable (consult with City Attorney’s Office before finalizing as applicable)
(a) Any dispute arising out of or in connection with this Agreement, which is not settled by mutual agreement of the Contractor and the City within sixty (60) days of notification in writing by either party, shall be submitted to an arbitrator mutually agreed upon by the parties. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of Oregon for the County of Multnomah. The arbitrator shall be selected within thirty (30) days from the expiration of the sixty (60) day period following notification of the dispute. The arbitration, and any litigation arising out of or in connection with this Agreement, shall be conducted in Portland, Oregon, shall be governed by the laws of the State of Oregon, and shall be as speedy as reasonably possible. The applicable arbitration rules for the Multnomah County courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five (45) days of the first meeting with the Contractor and the City. Insofar as the Contractor and the City legally may do so, they agree to be bound by the decision of the arbitrator.
(b) Notwithstanding any dispute under this Agreement, whether before or during arbitration, the Contractor shall continue to perform its work pending resolution of a dispute, and the City shall make payments as required by the Agreement for undisputed portions of work.
23. Progress Reports: /___/ Applicable /_XX__/ Not Applicable
The Contractor shall provide monthly progress reports to the Project Manager. If applicable, Exhibit A should list what information the Contractor must include in monthly progress reports.
24. Contractor's Personnel: /_XX__/ Applicable /___/ Not Applicable
The Contractor shall assign the following personnel to do the work in the capacities designated: If applicable, list selected personnel in Exhibit A.
Page 4 of 4 Rev. 07/00
AGREEMENT FOR PROFESSIONAL, TECHNICAL, OR EXPERT SERVICES
EXHIBIT A
Statement of the Work
and
Payment Schedule
1. Scope of Contractor Services:
The Contractor shall provide services specifically to the City of Portland. The Contractor shall provide the City’s Bureau of Police and Bureau of Human Resources with services needed to plan and administer assessment testing processes that meet the goals specified in the City’s Police Bureau’s Request for Proposal regarding assessment center services, including but not limited to all services specified hereafter:
As part of, or in addition to the elements of the Work Plan Assessment Center Methodology included in the Contractor’s response to the City’s Request for Proposal, which includes Job Analysis, Review of Related Information About the Bureau and the City, Assessment Center Development, Selection of Assessors, Development and Administration of Assessor Training, Candidate Orientation, Administration of the Assessment Centers, Candidate and Organizational Feedback, Eligibility List, and Reports and Records, the contractor will provide professional services related to the planning and administration of promotional assessment center tests for Police Detective, Lieutenant, Captain, and Sergeant including, but not limited to, those services listed below, in a manner which allows completion of the assessment centers for the number of candidates and in accordance with the schedule provided.
A. Plan and administer four - (4) assessment centers in cooperation with the Police Bureau Personnel staff.
B. Plan all four - (4) assessment centers to be job-related, valid, and perceived as fair by the candidates; conform to the City's civil service regulations; and be consistent with its affirmative action efforts.
C. Plan all four - (4) assessment centers in a manner which reduces costs to the City and maximizes value by such means as reducing travel expenses and using Personnel/Police Bureau staff to complete or assist with as many tasks as appropriate.
D. Provide good communications to the candidates invited to participate, to include, but not limited to, the written description of the dimensions of the examination and other relevant preparatory information; an orientation meeting with the candidates prior to the administration of each assessment center; detailed feedback to the candidates regarding their individual performances including specific examples articulating why candidates scored either high or low in individual categories (this feedback will be provided within thirty (30) days of the final day of each assessment center); and additional information as may be needed in the event one or more candidates requests information or submits an appeal regarding an assessment center.
E. Design four - (4) separate assessment center tests with 3-5 different exercises based on the job classification and the contractor's job analysis, obtaining approval for each design from the Police Personnel Division in consultation with the Police Bureau staff.
F. Secure and train appropriate assessors for each assessment center with input and approval from the Human Resources and Police Bureaus, giving consideration to ability as an assessor, test security, impartiality in administration, affirmative action and credibility with candidates.
G. Administer the four - (4) assessment center tests with the assistance of City staff members as needed, including conducting the exercises and assisting the assessors in completing their evaluation and scoring of the candidates.
H. Design scoring procedures that will meet the requirements of appropriate assessment center administration and the requirements of the City's civil service administration as determined by the Bureau of Human Resources Analyst.
I. Assist the City in responding to requests for information from candidates, appeals filed with the Civil Service Board, complaints filed with third parties, and/or lawsuits or other litigation, including providing written information or, if deemed necessary by the City, appearing to testify in proceedings.
J. Obtain City approval for all staff to be involved in the assessment center process.
K. Provide copies to the City of all correspondence, exercises, completed rating forms, candidates' work, and any other materials given to the raters or candidates to document the examination process.
2. Final Scores Due:
The Contractor shall provide a final report including all information needed to document the examination process for the City Civil Service files. The Contractor agrees that the assessment center exercises designed for the City will not be provided to other employers before or after their use for the City. Final score results for the assessment centers shall be provided to the City by the following dates:
Police Sergeant: September 27, 2002
Police Lieutenant: November 15, 2002
Police Captain December 20, 2002
Police Detective December 27, 2002
3. Scope of City Services
To assist the Contractor in carrying out its obligations hereunder, the City shall perform the following services:
a. Making available personnel for site visit interviews.
b. Provide a facility in which to conduct the assessment center.
c. Pay for the assessor’s travel costs. These costs include airfare or automobile reimbursement, hotel accommodations, and meals. We anticipate six to nine assessors per assessment center.
d. Pay for the consultant’s travel costs. These costs include airfare or automobile reimbursement, hotel accommodations, and meals. We anticipate one trip by one individual for the site visit and one trip by three individuals (Dr. Booth, a test administrator, and a professional actor) for each of the assessment center administrations. If the Police Bureau desires Contractor to provide the enhanced candidate feedback with individual sessions with each candidate, and additional trip would be necessary by one member of the contracting firm.
e. Provide videotape cameras and tapes if videotaping is desired. If desired, the Police Bureau shall provide two videotape cameras and a sufficient number of tapes that each candidate has his or her own tape.
f. Notification to candidates of all required information. Typically, this involves notification of eligibility, the dates and times of examinations, and similar information.
g. Provide a minimum of one test proctor for the administration of the examination. One test proctor would be needed to monitor the candidates while they are preparing for their exercises.
4. Compensation
The City shall pay the Contractor for the work performed under this Agreement after the effective date as set out below. The payment shall be full compensation for work performed, for services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to perform the work and services for each completed assessment center.
The Contractor shall be compensated in four payments as follows:
Consultant Services:
Police Sergeant Assessment Center............................................................................$17,500
Police Detective Assessment Center...........................................................................$17,500
Police Captain Assessment Center…………………………………………………..$10,000
Police Lieutenant Assessment Center.........................................................................$13,500
Total............................................................................……………………...$58,500
Included are all services associated with the job analysis and site visit, candidate orientation, the development of assessment centers, printing of all materials, procurement of assessors, training of assessors, administration of the assessment centers, scoring of assessment centers, compiling of results, provision of a final rank ordered list, written feedback to candidates, and final report to City. The City of Portland will be responsible for travel expenses of consultant and assessors, and for facilities used for the assessment centers.
Additional payments for transportation, meals and lodging costs associated with the work for the Booth Research Group shall be paid directly to the consulting following the consultant’s presentation of valid and original receipts for these expenses.
Payment for transportation, meals and lodging costs associated with the facilities used to conduct the assessment center, and for out-of-state assessors while under the purview of this contract, shall be paid or reimbursed directly to the assessors, or to the enterprise that provides the service.
Litigation fees, as deemed necessary by the City, shall be billed by the Contractor at $225 per hour, plus travel costs at lowest available fare. Video taped feedback, in addition to the standard, written candidate feedback included in the contract price, shall be available, at the City’s option and on a per-candidate basis, at $200 per candidate.
5. Billing and Payment Procedure:
The Contractor’s billing and City’s payment procedures shall be as set out below:
The Contractor shall submit to the City an invoice for payment of the compensation due. The City shall pay the amount due as follows:
September 27, 2002 (Police Sergeant)…………………… …………………….$17,500
November 15, 2002 (Police Lieutenant)..…………………….… ………………$13,500
December 20, 2002 (Police Captain)………………………….…… …………..$10,000
December 27, 2002 (Police Detective)…………………………………………..$17,500
The project manager must approve the invoices prior to payment. Assessor travel expense bills will be submitted to the Project Manager and upon approval payment will be made within thirty days. The Contractor shall provide these invoices to the Project Manager at least 10 days prior to the due date to insure timely payment.
The total for billings shall not exceed the total amounts set forth in section 4, above, excluding travel costs, litigation, and video candidate feedback.
6. Contractor’s Personnel:
The Contractor shall assign one or more of the following personnel listed to do the work:
Walter S. Booth, IV, Ph.D.
Judith Eavenson, M.A.
Alice Kerr Pickens, M.A.
Eugene A. Lopez, Jr., M.A.
EXHIBIT B
INDEPENDENT CONTRACTOR CERTIFICATION STATEMENT
SECTION A
CONTRACTOR CERTIFICATION I, undersigned, am authorized to act on behalf of entity designated below, hereby certify that entity has current Workers' Compensation Insurance.
Signature_________________________________ Date_________________________ Entity_______________________
If entity does not have Workers' Compensation Insurance, City Project Manager and Contractor complete the remainder of this form. |
SECTION B
ORS 670.600 Independent contractor; standards. As used in various provisions of ORS Chapters 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of this section are met. The contracted work meets the following standards:
1. The individual or business entity providing the labor or services is free from direction and control over the means and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to specify the desired results;
2. The individual or business entity providing labor or services is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business;
3. The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services;
4. The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services;
5. Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of an annual or periodic retainer.
____________________________________________________________________ ____________________________
Project Manager Signature Date
_____________________________________________________________________________________________________________________
SECTION C
Independent contractor certifies he/she meets the following standards:
1. The individual or business entity providing labor or services is registered under ORS Chapter 701, if the individual or business entity provides labor or services for which such registration is required;
2. Federal and state income tax returns in the name of the business or a business Schedule C or form Schedule F as part of the personal income tax return were filed for the previous year if the individual or business entity performed labor or services as an independent contractor in the previous year; and
3. The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist. Contractor check four or more of the following:
_____ A. The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;
_____ B. Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership;
_____ C. Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services;
_____ D. Labor or services are performed only pursuant to written contracts;
_____ E. Labor or services are performed for two or more different persons within a period of one year; or
_____ F. The individual or business entity assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.
____________________________________________________________________ ____________________________
Contractor Signature Date
EXHIBIT B Rev. 07/00
EXHIBIT C
INSURANCE (The Project Manager must answer and initial 2, 3, and 4 below).
During the term of this contract Contractor shall maintain in force at its own expense, each insurance noted below:
1. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, unless exempt under ORS 656.027).
2. _____ Required and attached or Waived by City Attorney :_______
General Liability insurance with a combined single limit of not less than $500,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract, and shall provide that City of Portland, and its agents, officers, and employees are Additional Insured but only with respect to the Contractor's services to be provided under this Contract:
3. _____ Required and attached or Waived by City Attorney : _______
Automobile Liability insurance with a combined single limit of not less than $500,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired, or nonowned vehicles, as applicable:
4. _____ Required and attached or Waived by City Attorney : ______
Professional Liability insurance with a combined single limit of not less than $1,000,000 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.
5. On all types of insurance. 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 Contractor or its insurer(s) to the City.
6. Certificates of insurance. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time contractor returns signed contracts. The certificate will specify all of the parties who are Additional Insured and will include the 30-day cancellation clause that provides that the insurance shall not terminate or be cancelled without 30 days written notice first being given to the City Auditor. Insuring companies or entities are subject to City acceptance. If requested, complete policy copies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.