HomeMy WebLinkAboutCemetery Mowing Fall 2022 - Falcon Forestry CITY OF CENTRAL POINT
PROFESSIONAL SERVICES CONTRACT
CENTRAL POINT CEMETERY MOWING, FALL 2022
This contract is made between the City of Central Point(City)and Falcon Forestry(Consultant).
Consultant Information:
Full Legal name or business name: Falcon Forestry, Inc.
Address: 930 Shafer Lane City: Medford, Oregon Zip Code: 97502
Telephone: 541-531-0749 Fax: 458-225-9410 Email: falconforestry@gmail.com
City and Consultant agree:
1. Services to be provided. Consultant will provide to the City the services set forth in Exhibit B, incorporated
herein by reference.
2. Effective Date or Duration. This contract is effective on the date at which every party has signed this
contract. This contract shall expire, unless otherwise terminated or extended, on December 31, 2022.
3. Compensation. City agrees to pay Consultant a sum not to exceed $3,750.00 for the services to be
provided. A written approval in the form of an amendment of this contract will be obtained where there will be
changes in the scope of work, amount of contract or time. Payment will be made:
IT)�(Initial here) Upon completion; or,
• (Initial here) City shall pay Consultant for services and reimburse Consultant for expenses
incurred by Consultant in performance of services in accordance with a payment schedule to be
submitted by Consultant and accepted by City. No reimbursement will be made for expenses that are
not specifically itemized in this payment schedule without prior approval by City. Consultant shall
submit monthly invoices to City for Consultant's services within ten days after the end of the month
covered by the invoice. Total payments under this contract or any amendments shall not exceed the
sum specified in this section 3.
4. Authorized Consultant Representative. The authorized representative for Consultant is Daniel De Jesus
Bravo.
5. Standard Contract Provisions. Consultant shall comply with the City's Standard Contract Provisions for
Professional Services as modified for this contract, as provided in the attached of which is attached as Exhibit
A, incorporated herein by reference.
6. Conflicting Provisions. In the event of any conflict or inconsistency between the body of this Agreement
and any Exhibit hereto, the terms and provisions of this Agreement, as amended from time to time, shall
prevail and be given priority. Further in the event of any conflict or inconsistency between Exhibit A and
Exhibit B, the terms and provisions of Exhibit A shall be given priority. Subject to the foregoing, the several
documents and instruments forming part of this Agreement are to be taken as mutually explanatory of one
another and in the case of ambiguities or discrepancies within or between such parts the same shall be
explained and interpreted, if possible, in a manner which gives effect to each part and which avoids or
minimizes conflicts among such parts. No oral representations or other agreements have been made by the
Parties except as specifically stated in the Contract Documents.
CITY OF CENTRAL POINT CONSULTANT
By: AC 6. )k By: Paau.:21 PP 02:1-a.42- 52C-rik6,
/ Q
Title: eA,1 LtC/ 4444e/ Title: President
J
Date: O44bl /9 a o 2 Date: 10/18/2022
SSN/Tax Id. No.: 83-4641839
Form 1099: On file: X Attached:
EXHIBIT A
CITY OF CENTRAL POINT
CONTRACT PROVISIONS FOR PROFESSIONAL SERVICES
1. Qualified Personnel. Consultant has represented, and by entering into this contract now represents, that all
personnel assigned to the services required under this contract are fully qualified to perform the service to
which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or
bonded by the State of Oregon, are so registered, licensed and bonded.
1.1 Standard of Care—Professional Services.
Subject to the express provisions of the agreed scope of work as to the degree of care, amount of
time and expenses to be incurred, and subject to any other limitations contained in this Agreement,
Consultant shall perform its Services in accordance with generally accepted standards and practices
customarily utilized by competent Forestry/Environmental Restoration in effect at the time
Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee
its Services.
1.2 Reliance upon Information Provided by Others.
If Consultant's performance of services hereunder requires Consultant to rely on information provided by
other parties(excepting Consultant's subcontractors),Consultant shall not independently verify the
validity, completeness,or accuracy of such information unless otherwise expressly engaged to do so in
writing by Client.
2. Contract Renewal. The City shall have the option to renew this contract annually after the initial term has
expired. Each renewal shall be with such modifications as may be agreed to by the parties in a written
amendment of the contract, provided that the amendments made for any renewal term may not increase the
total compensation to be paid to Consultant by more than 10 percent or increase the rate of compensation
for any contract Service by more than 5 percent.
3. Authorized Representative for City. The City's authorized representative is Dave Jacob, or a duly
authorized representative.
4. Notices. Any notice permitted or required by this contract shall be deemed given when personally delivered
or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested,
to the persons and addresses shown below. In addition, if directions for telephonic transmission ("FAX")are
set forth below, notices may be delivered by FAX. Notices sent by certified mail will be deemed delivered
three business days after placement in the mail and notices sent by FAX will be deemed delivered when
successful transmission is electronically confirmed. Except as expressly provided in the contract, required
notices must be signed by the person designated to receive notices, or that person's designee or attorney.
Consultant: Authorized Representative named on pages 1 and 2 at address for Consultant listed on
pages 1 and 2.
City: Authorized Representative(see section 3 of this page), 140 South Third Street, Central Point,
Oregon 97502
Each party shall notify the other of any change in the name, address or FAX instructions to be used for
delivery of notices.
5. Termination. Notwithstanding any other provision to the contrary, this contract may be terminated as
follows:
5.1. The parties, by mutual written agreement, may terminate this contract at any time.
5.2. Either party may terminate this contract in the event of a breach of the contract by the other party.
5.3. The City may terminate this contract at any time or for any reason, upon not less than ten days' notice
in advance of the termination date.
5.4. City may terminate this contract immediately upon Consultant's failure to have in force any insurance
required by this contract.
Except as provided in section 6, in the event of a termination, City shall pay Consultant for work performed to
the date of termination.
6. Remedies.
6.1. In the event of a termination of this contract by City because of a breach by Consultant, City may
complete the Services either by itself or by contract with other persons, or any combination.
Consultant shall be liable to City for any costs or losses incurred by City arising out of or related to the
breach, including costs incurred in selecting other contractors,time-delay losses, attorney fees and
the like, less the remaining unpaid balance of the consideration provided in this contract. City may
withhold payment of sums due Consultant for work performed to the date of termination until City's
costs and losses have been determined, at which time City may offset any such amount due
Consultant against the costs and losses incurred by City.
6.2. The foregoing remedies provided to City for breach of this contract by Consultant shall not be
exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies
available because of Consultant's breach.
6.3 In the event of breach of this contract by City, Consultant's remedy shall be limited to termination of
this contract and payment for work performed to the date of termination.
6.4. The Consultant shall be allowed to remedy a breach of this agreement by curing such breach or
making reasonable progress toward its cure within 15 days after City has given written notice of
alleged breach to Consultant.
6.5. The City shall be allowed to remedy a breach of this agreement by curing such breach or making
reasonable progress toward its cure within 15 days after Consultant has given written notice of the
alleged breach to the City or upon five days' notice if work under this Agreement has been
suspended by either City or Consultant for more than 30 days in the aggregate.
7. Records/Inspection. Consultant shall maintain records of its charges to City under this contract for a period
of not less than 3 (three)full fiscal years following Consultant's completion of this contract. Upon reasonable
advance notice, City or its authorized representatives may from time to time inspect, audit and make copies
of any of Consultant's records that relate to this contract. If any audit by City discloses that payments to the
Consultant were in excess of the amount to which Consultant was entitled under this contract, Consultant
shall promptly pay to City the amount of such excess. If the excess is greater than one percent of the
contract amount, Consultant shall also reimburse City its reasonable costs incurred in performing the audit.
8. Ownership of Work Product. All work product of Consultant that results from this Agreement(the work
product) is the exclusive property of City, once the Consultant has been paid for services rendered. City and
Consultant intend that such work product be deemed "work made for hire"of which City shall be deemed the
author. If for any reason the work product is not deemed "work made for hire,"Consultant irrevocably
assigns to City all its right, title, and interest in and to any and all of the work product,whether arising from
copyright, patent, trademark,trade secret, or any other state or federal intellectual property law or doctrine.
Consultant shall execute such further documents and instruments as City may reasonably request in order to
fully vest such rights in City. Consultant forever waives any and all rights relating to the work product,
including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification
of authorship or rights of approval, restriction or limitation on use or subsequent modifications. The City
agrees to hold harmless and indemnify the Consultant from any and all liability whatsoever, associated with
any reuse of work products generated by this work project, beyond the original purpose intended by this
contract.
9. Indemnification. Except for claims that relate to professional liability, Consultant shall defend, indemnify
and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs,
expenses,judgments, subrogation, or other damages resulting from injury to any person (including injury
resulting in death,)or damage (including loss or destruction)to property, of whatsoever nature arising out of
or incident to the performance of this agreement by Consultant(including but not limited to, Consultant's
employees, agents, and others designated by Consultant to perform work or services attendant to this
agreement). Consultant shall not be held responsible for damages caused by the negligence of City. If the
claim or liability results from error or omissions in the products, results, analyses, opinions,
recommendations, directions, designs, or other manifestation of Consultant's professional services, including
any other professional act, error or omission that is subject to professional standards of care, the obligation
of Consultant hereunder shall only exist to the extent of Consultant's negligence or willful misconduct.
10. Workers' Compensation. If Consultant will perform the work with the help of others, Consultant shall
comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-
insured employer and shall strictly comply with all other applicable provisions of such law. Consultant shall
provide the City with such further assurances as City may require from time to time that Consultant is in
compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law.
11. Insurance. Consultant shall have and maintain the insurance policies specified below. Each policy of
insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City
may carry. Such additional insured status shall be procured and evidenced by an additional insured
endorsement on the policy and certificate of insurance. A copy of each policy or a certificate satisfactory to
City shall be delivered to City prior to commencement of the Services. The adequacy of all insurance
policies for compliance with this Section 11 shall be subject to approval by City's Risk Manager. Failure to
maintain any insurance coverage required by the contract shall be cause for immediate termination of the
contract by City.
Unless otherwise specified, each policy shall be written on an "occurrence"form with an admitted insurance
carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not
less than 30 days prior written notice of any material change, non-renewal or cancellation. In the event the
statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased
above the combined single limit coverage requirements specified below, City shall have the right to require
that Consultant increase the coverage limits of all liability policies by the amount of the increase in the
statutory limit.
11.1. Commercial General Liability. Consultant shall maintain a broad form commercial general liability
insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, and
as an annual aggregate,for bodily injury, personal injury or property damage. The policy shall have a
contractual liability endorsement to cover Consultant's indemnification obligations under the contract.
The policy shall also contain an endorsement naming City as an additional insured, in a form
satisfactory to City, and expressly providing that the interest of City shall not be affected by
Consultant's breach of policy provisions.
11.2. Workers' Compensation Insurance. Unless Consultant is exempt, Consultant shall comply with the
Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured
employer and shall strictly comply with all other applicable provisions of such law. Consultant shall
provide City with such assurances as City may require from time to time that Consultant is in
compliance with these Workers' Compensation coverage requirements and the Workers'
Compensation law.
11.3. Comprehensive Automobile Liability. If Consultant will use a motor vehicle on a regular basis in the
performance of the Services, Consultant shall maintain automobile liability insurance coverage of not
less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury or property
damage for each motor vehicle owned, leased or operated under the control of Consultant for,or in
the performance of, the services.
11.4. Professional Liability. If Consultant is required to be licensed by the State of Oregon to perform the
Services, Consultant shall maintain a professional liability insurance policy with coverage limits of not
less than $1,000,000 per claim, and a deductible or self-insured retention of not more than $250,000
per claim to protect Consultant from claims by City or others for injury, loss or damage arising from or
resulting from the wrongful or negligent performance or non-performance of, the Services. The policy
shall contain an endorsement entitling City to not less than 60 days prior written notice of any material
change, non-renewal or cancellation of such policy. This policy may be written on a"claims made"
form, provided that continuous coverage is maintained to cover claims made within two years after
completion of the Services.
12. Assignment/Subcontracting. Consultant shall not assign this contract, in whole or in part, or any right or
obligation,without City's prior written approval. Consultant shall require any approved subcontractor to
agree, as to the portion subcontracted, to comply with all obligations of Consultant specified in this contract.
Notwithstanding City's approval of a subcontractor, Consultant shall remain obligated for full performance of
this contract and City shall incur no obligation to any subcontractor. Consultant shall indemnify, defend and
hold City harmless from claims of subcontractors related to the performance of the Consultant's duties under
this agreement.
13. Independent Contractor. Whether Consultant is a corporation, partnership, other legal entity or an
individual, Consultant is an independent contractor. If Consultant is an individual, Consultant's duties will be
performed with the understanding that Consultant is a self-employed person, has special expertise as to the
services which Consultant is to perform and is customarily engaged in the independent performance of the
same or similar services for others. The manner in which the services are performed shall be controlled by
Consultant; however, the nature of the services and the results to be achieved shall be specified by City.
Consultant is not to be deemed an employee or agent of City and has no authority to make any binding
commitments or obligations on behalf of City except to the extent expressly provided in this contract.
14. Compliance with Laws/Business License. Consultant shall comply with all applicable Federal, State and
local laws, rules, ordinances and regulations at all times and in the performance of the Services, including,
but not limited to those laws pertaining in nonresident contractors in ORS 279A.120 and all applicable
provisions of ORS 279B.220, 2796.225,2796.230, 279B.235, and 279B.240. Consultant shall obtain a City
of Central Point business license as required by the city municipal code prior to beginning work under this
contract. Consultant shall provide a business license number in the space provided on pages one and two
of this contract.
15. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State
of Oregon. Any claim, action, or suit between City and Consultant that arises out of or relates to
performance of this agreement shall be brought and conducted solely and exclusively within the Circuit Court
for Jackson County,for the State of Oregon. Provided, however,that if any such claim, action, or suit may
be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon.
16. Attorney Fees. In the event of any action to enforce or interpret this contract, the prevailing party shall be
entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the
court, at trial, on appeal or upon review.
17. Integration. This contract embodies the entire agreement of the parties. There are no promises, terms,
conditions or obligations other than those contained in this contract. This contract shall supersede all prior
communications, representations or agreements, either oral or written, between the parties. This contract
shall not be amended except in writing, signed by both parties.
EXHIBIT B
CENTRAL POINT CEMETERY MOWING, FALL 2022
SCOPE OF WORK
Contact:Dave Jacob,Cemetery Manager
(541)423-1012 or dave.iacob@centraloointoreeon.eov
The Central Point Cemetery was established in 1968 and is considered a "historic" cemetery by the state of
Oregon. Since this is an historic site,special care must be taken when maintaining the facility to avoid damaging
headstones,curbing,and metal fencing.
• Mow and trim all grass and weeds within the Central Point Cemetery.This includes areas near
subdivision fences and near Hamrick Road.
• Mowing and trimming around cemetery headstones,curbing and fencing must be done with care.
Coming in contact with cemetery headstones,curbing,and fencing while using mowing and/or trimming
equipment so as to cause scrapes,gouges,or any other damage must be avoided.Avoid trimming
immediately up to the fragile headstones, bases,or fences. Leave a border of grass and/or weeds
around fragile headstones if necessary.
• Do not trim trees, brush,or bushes.These will be taken care of by other contractors,city staff, and/or
volunteers.
• Any limbs or debris in the path of mowing should be picked up and piled in areas near roadways for
pickup by Central Point park maintenance crews.
• Mown and trimmed weeds and grass need not be raked or picked up but grass and weeds do need to be
blown off headstones if possible, particularly flat headstones that may be covered with cut grass/weeds.
• Mowing may take place on weekdays only and must not start prior to 7:00 a.m.and must be completed
no later than 6:00 p.m.
• All work will be performed in a professional and workmanlike manner by experienced and well trained
personnel, utilizing clean,well-maintained equipment of the latest and most efficient design.
• While there are very few interments or visitors at the cemetery please be respectful of all people using
the facility.
• Contact the Cemetery Manager if any issues arise or any damage occurs as soon as possible.
10/19/22, 12:30 PM Submission Completed
Business License Application
CENTRAL
POINT
General Information
Date 10/19/2022
Application Type* New Business
Address Change
Ownership Change
Business Name Falcon Forestry, Inc.
(D.B.A.)*
Phone Number* 5415310749
Website:
Email* falconforestry@gmail.com
Description* Reforestation
Business Address* Street
930 Shafer Lane
=Address Line
State;Provi-Ice 'Region
Medford OR
Postal 7_;o Code Country
97501 Jackson
Mailing Address
Same as Business Yes
Address?
https://docs.centralpointoregon.gov/Forms/Form/Submit 1/3
10/19/22, 12:30 PM Submission Completed
Inside City Limits* is ousiness located witnin the Central Point city limits?
Yes
No
Business Operations Information
No. of Employees* "h`base applicator fee°avers 2 employees by default
2
;\PAo91-,..i of 2 emplo',ees a.,c a max Bourn of 30 for fee oaic.ula.K-Jr,
List all Owners and Partners
Name* Daniel De Jesus Bravo
Email* falconforestry@gmail.com
Driver's License A047610
No.* oacKor ours ,. moo: ,,;' _,s lone or F.2 apo!icarts and a`,t-o'f', _ r -ae...
OR
ss.,ed stat.of duvers,icerse
Address* Streel Aaaress
930 Shafer Lane
A dress L ne 2
State. ce =peg
Medford OR
Posta;/Z .ode Country
97501 Jackson
Phone* 5415310749
Alcohol
Do you plan to sell Yes
or serve alcoholic No
beverages?*
https://docs.centralpointoregon.gov/Forms/Form/Submit 2/3
10/19/22, 12:30 PM Submission Completed
Acknowledgement to be completed by Sole Owner, Principal Officers, Members of
Partners
I understand that before I can operate my business in the City of Central Point, my establishment must comply with
applicable City departmental laws and regulations completely and I must obtain a business license and all necessary
Federal State and local permits or I will be in violation of CPMC 5.04.110. I declare that I am authorized to complete
this application that the information and statements provided are true and correct. SIGN and return this statement
with your remittance. Make checks payable to City of Central Point.
Signature*
k-911i0/ .e ,e'.' 5 :7r`6ro
Fees
Bus Lic Fee $ 60.00
Background Check $ 10.00
or Changes
Number of Billable 0
Employees
Total Fees Due $ 70.00
Currency $ 10.00
Method of Payment Cash/Check
Visa/MasterCard
https://docs.centralpointoregon.gov/Forms/Form/Submit 3/3
PROGRESSIVE"
PAYNEWEST INSURANCE COMMERCIAL
38 N.CENTRAL STE 100
MEDFORD,OR 97501
1-541-779-1321 Policy number: 00914151
Underwritten by:
Artisan and Truckers Casualty Co
NAIC Number:10194
October 19,2022
Page 1 of 2
Certificate of Insurance
Certificate Holder
City of Central Point
140 S 3rd St
Central Point,OR 97502
Insured Agent
FALCON FORESTRY INC PAYNEWEST INSURANCE
930 SHAFER LN 38 N.CENTRAL STE 100
MEDFORD,OR 97501 MEDFORD,OR 97501
This document certifies that insurance policies identified below have been issued by the designated insurer to the insured
named above for the period(s)indicated.This Certificate is issued for information purposes only. It confers no rights upon
the certificate holder and does not change,alter, modify, or extend the coverages afforded by the policies listed below.The
coverages afforded by the policies listed below are subject to all the terms,exclusions, limitations, endorsements,and
conditions of these policies. Liability coverage may not apply to all scheduled vehicles.
Policy Effective Date: Jul 16,2022 Policy Expiration Date: Jul 16,2023
Insurance coverage(s) Limits
Bodily Injury/Property Damage $1,000,000 Combined Single Limit
Uninsured/Underinsured Motorist $1,000,000 Combined Single Limit
Description of Location/Vehicles/Special Items
Scheduled autos only
2005 FORD F550 SUPER DUTY 1 FDAW57P85EA41839
Stated Amount $15,000
Medical Payments $5,000
Comprehensive $250 Ded
Collision $500 Ded
2019 CHEVROLET EXPRESS G3500 1 GAZGNFG9K1326986
Medical Payments $5,000
Comprehensive $250 Ded
Collision $500 Ded
2020 CHEVROLET EXPRESS G3500 1 GAZGNFGBL1257466
Medical Payments $5,000
Comprehensive $250 Ded
Collision $500 Ded
2020 CHEVROLET EXPRESS G3500 1 GAZGPFG8L1179069
Medical Payments $5,000
continued
Policy number: 00914151
FALCON FORESTRY INC
Page 2 of 2
Comprehensive $500 Ded
Collision $500 Ded
2020 RAM RAM 2500 3C6UR5DL2LG267365
Comprehensive $500 Ded
Personal Injury Protection $15,000
Collision $500 Ded
2022 FORD F550 1FDUF5HT3NED34136
Stated Amount $15,000
Medical Payments $5,000
Comprehensive $500 Ded
Collision $500 Ded
2014 GMC SAVANA G3500 1 GJZ7ZFGOE 1172986
Medical Payments $5,000
Comprehensive $250 Ded
Collision $500 Ded
2014 CHEVROLET EXPRESS G35001GAZGZFG8E1142411
Medical Payments $5,000
Comprehensive $250 Ded
Collision $500 Ded
2016 GMC SAVANA G3500 1 GJZ7NFG9G1256123
Comprehensive $500 Ded
Personal Injury Protection $15,000
Collision $500 Ded
2014 GMC SAVANA G3500 1 GJZ71 FG4E1129706
Medical Payments $5,000
Comprehensive $250 Ded
Collision $500 Ded
2015 CHEVROLET SILVERADO C3500 1 GC4KYC8XFF584750
Comprehensive $500 Ded
Personal Injury Protection $15,000
Collision $500 Ded
2022 GMC SIERRA 3GTUUDET2NG565725
Comprehensive $250 Ded
Personal Injury Protection $15,000
Collision $500 Ded
Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation.
Form 5241 105/16)