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Campbell DeLong Resources Contract# �)- t 01:5LO r CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT COMMUNITY ISSUES SURVEY EMENT made and entered into this 19'h day of October, 2007, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Campbell DeLong Resources,Inc.,hereinafter called Contractor. RECITALS WHREAS,the City's 2007-2008 Fiscal Year budget provides for informational survey services;and WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor,and WHEREAS City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE the Parries agree as follows: 1. SERVICES TO BE PROVIDED Contractor shall initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is derailed in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City will be contained in subsequent scope of work as needed. This Agreement serves to outline the general services that will be expected of the Contractor during this project. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire,unless otherwise terminated or extended, on December 31, 2007. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor an amount not exceeding Twenty Four Thousand Five Hundred and No/100 Dollars for perfort-nance of those services described herein,including the Contractors proposal which is hereby incorporated by reference, and in any subsequent agreements that arise from the work under this Agreement. Any and all payments made to the Contractor shall be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. City of Tigard Personal Service Agreement Community Issues Survey Page 1 of 12 Contract# D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials ' for the prosecution of this work. E. Contractor shall not permit any Iien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. H. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. I. Contractor shall promptly, as due, make payment to any person, co-partnership,association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement 5. ASSIGNMENT/DELEGATION Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event City of Tigard Personal Service Agreement Community Issues Survey Page 2 of 12 Contract# that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third parry) as a result of said finding. B. The undersigned Contractor hereby represents that no employee of the City,or any partnership or corporation in which a City employee has an interest,has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Contractor and its employees, if any,are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws,it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability,causes of action, claims,losses, damages,judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. & INSURANCE Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. City of Tigard Personal Service Agreement Community Issues Survey Page 3 of 12 Contract# , The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The contractor, its Subcontractors,if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employers Liability Insurance with coverage limits of not less than $500,000 each accident. D. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. E. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. F. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. City of Tigard Personal Service Agreement Community Issues Survey Page 4 of 12 i Contract# G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. 1. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. City of Tigard Personal Service Agreement Community Issues Survey Page 5 of 12 Contract# J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City ofTigard Attn: Joe Barrett, Contract/Purchasing Specialist 13125 SW Hall Blvd. Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. 9. METHOD&PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD CAMPBELL DELONG RESOURCES,INC. Attn: Liz Newton,Asst. City Manager Attn: Martha A. DeLong,CEO Address: 13125 SW Hall Blvd. Address: 2627 Northeast 33'a Avenue Tigard, Oregon 97223 Portland,Oregon 97212 Phone: (503) 718-2412 Phone: (503) 221-2005 Fax: (503) 684-7297 Fax: (503) 221-4541 Email Address: liz e,tiI rd-ong(:)v Email Address: marthad&cdri.com and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Contractor that does not represent clients on matters contrary to City interests. Further, Contractor City of Tigard Personal Service Agreement Community Issues Survey Page 6 of 12 Contract# shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Contractor represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Contractor shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the Contractor shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. 12. TERMINATION WITHOUT CAUSE At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Contractor. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal,state,local,or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof,or 2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 3) If Contractor fails to eliminate a conflict as described in Section 11 of this agreement. City of Tigard Personal Service Agreement Community Issues Survey Page 7 of 12 Contract# The rights and remedies of City provided in the above clause related to defaults (including ' breach of contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any,sustained by City due to breach of contract by Contractor. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 15. FORCE MAIEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement 16. NON WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990,ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA(CHANGES)WORK Only the City's Project Manager for this Agreement, Liz Newton, Assistant City Manager, may authorize extra (and/or change) work. Failure of Contractor to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such City of Tigard Personal Service Agreement Community Issues Survey Page 8 of 12 Contract# unauthorized extra work and Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES All work shall be guaranteed by Contractor for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing parry shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW The provisions of this Agreement 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 Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. City of Tigard Personal Service Agreement Community Issues Survey Page 9 of 12 Contract# 24. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Contractor shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, seller must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 28. HOURS OF LABOR If labor is performed under this order,then no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity,or emergency or where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540.In cases of contracts for personal services as defined in ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209. 29. MEDICAL CARE AND WORKERS'COMPENSATION Contractor shall promptly,as due,make payment to any person,co-partnership,association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service. 30. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be City of Tigard Personal Service Agreement Community Issues Survey Page 10 of 12 Contract# 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 Agreement. Contractor, by the signature of its authorized representative,hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF T CAMPRELLD LONG RE URCES,INC. 6 By: C Prosser, City Manager By:Authorized Agent of Contractor /o%y�v /oZZ v�-Zo� -7 Date Date City of Tigard Personal Service Agreement Community Issues Survey Page 11 of 12 Contract# EXHIBIT A ' SERVICES TO BE PROVIDED 1. PROJECT OBJECTIVES City staff, in consultation with members of the Tigard City Council, has developed a set of survey question topics. The Contractor to recommend to the City the actual questions which will be included in the actual survey. Contractor will provide the City with expertise on the topics of interest and an appropriate length for the survey. 2. WORK TASKS AND SERVICES The selected consultant firm will be expected the following, but shall not necessarily be limited to, services related to the survey: A. Meet with City staff and City Council representatives to develop survey questions; B. Development of survey instrument; C. Pre-test instrument; D. Conduct survey; E. Analyze survey results; F. Produce written report on survey results;and G. Meet with City Council to present survey results. 3. OTHERS SERVICES Contractor will provide other services to the City as outlined in the Contractor's proposals which is incorporated by referencing into this Agreement. City of Tigard Personal Service Agreement Community Issues Survey Page 12 of 12 CITY OF TIGARD M, 07;� CONTRACT SUMMARY FORM w^` (FORMMUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION) Title of Contract: Community Issues Survey Contract#: (Assigned after execution) Contractor: Campbell DeLong Resources,Inc. Total: $(CWer life of contract) Brief Overview: Consultant will provide services related to community survey Changes Made To No significant changes Boilerplate Contract: (idd 7'(1ditional p"'C-S if rcecle��J Type of Contract: ❑ Purchase Agreement ❑x Personal Service ❑ Construction ❑ Other Start Date: 10/23/2007 End Date: 12/31/2007 LCRB Award Date: Not Required Contract Manager: Liz Newton Extension: 2412 Department: Administration Quotes/Bids/Proposals: COMPANY AMOUNT /SCORE Informal RFQ issued with 3 firms responding. Department Comments: Department Signature Date: Purchasing Comments: Oka Purchasing Sig Date: ID a3 Administration: Date: Certificate of Insurance ceived? 0 Yes ❑ No ❑ Self-Insured Form Received Business Tax Current? ❑ Yes ❑ No Contractor License Current? ❑ Yes ❑ No Federal TIN/1099#: Bonds Required: ❑ Yes I] No Accounting String: Fund Division Account Total c7, 10 too 1 CLX q i VIA CERTIFICATE OF LIABILITY INSURANCE =ATE 7200VVY) MID 7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JBL&K RISK SERVICES LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 NW 2ND AVE SUITE 800 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PORTLAND, OR 972093951 RECEMPED ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (888) 661-3938 XV079 882 INSURERS AFFORDING COVERAGE N ,# INSURED CAMPBELL DELONG RESOURCES INC OCT 2 5 2007 INSURER A:THE CHARTER OAK FIRE INSURANCE COMPANY 2627 NE 33RD AVE INSURER B: PORTLAND, OR 97212 RISK MANAGEMENT INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE I POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) I DATE(MM/DD/YY) LIMITS A X GENERAL LIABIITY 680-71 108618-07 04/01/2007 04/01/2008 EACH OCCURRENCE $1,000,000 4CX COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 70PREMISES(Ea occurrence) CLAIMS MACE X OCCUP, $300,000 MED EXP(Any oneperson) $5,000 rXNON D AUTO OWNEDAUTO PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP OP AGG $2,000,000 PRO- X1 POLICY ,ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- 0TH WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACC:DENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED- DESIGNATED PERSON/ORGANIZATION, CG T4 91 . IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY TEN(10) DAYS NOTICE OF CANCELLATION SHALL BE GIVEN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF TIGARD, IT'S OFFICERS, DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN DIRECTORS, AND EMPLOYEES NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 13125 SW HALL BLVD. TIGARD, OR 97223 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 'D tACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) • TRAVELERSJ P.O. Box 1515 Spokane, WA 99210-1515 CITY OF TIGARD, IT'S OFFICERS, DIRECTORS, AND EMPLOYEES 13125 SW HALL BLVD. TIGARD, OR 97223 Best's Rating Center- Company Information for Charter Oak Fire Insurance Company Page 1 of 1 Charter Oak Fire Insurance Company jPrint this page (a member of Travelers Insurance Com anies) Assigned to companies that have, Financial Strength A.M.Best#:02516 NAIC#:25615 FEIN#: 060291290 in our opinion,a superior ability to Address:One Tower Square Phone:860-277-0111 meet their ongoing obligations to :.tse-sT q Hartford,CT 06183 Fax:860-277-7002 policyholders. A+Su pe''1O' Web:www.travelers.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating:A+(Superior) Long-Term:aa- Affiliation Code:g(Group) Outlook: Stable Financial Size Category:XV($2 Billion or greater) Action:Affirmed Outlook:Stable Date:June 18,2007 Action:Affirmed Effective Date:June 18,2007 http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2516&A1tSrc=1&A1tNum=&U... 10/25/2007 SAIF Corporation 10/22/2007 1 : 53 : 33 PM PAGE 1/001 Fax Server OREGON WORKERS` COMPENSATION -Oft ■. CERTIFICATE OF INSURANCE saif CERTIFICATE HOLDER: CITY OF TIGARD ATTN: JOE BARRETT 13125 SW HALL BLVD TIGARD, OR 97223 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO, POLICY PERIOD ISSUE DATE 493691 07/01/2007 TO 07/01/2008 10/22/2007 INSURED: BROKER OF RECORD: CAMPBELL DELONG RESOURCES INC 2627 NE 33RD AVE PORTLAND, OR 97212-3647 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN NOTICE TO THE ABOVE NAMED CERTIFICATE HOLDER. AUTHORIZED REPRESENTATIVE cc> SAIF CORPORATION 1 400 High St SE I Salem,OR 97312 1 P: 800.285.8525 1 www.saif.com RightFax H1-3 10/23/2007 12 : 30 : 01 PM PAGE 001/004 Fax Server FAX TO: Attn: Joe Barrett Company: Fax: 5036847297 Subject: Account: 8636CA1 13 - CAMPBELL DELONG RESOURCES INC From: Travelers Service Center Sent: Tuesday, October 23, 2007 12:12:08 PM Phone: Pages: 04 RightFax H1-3 10/23/2007 12 : 30 : 01 PM PAGE 002/004 Fax Server We are happy to assist you with any questions. Travelers Service Center TRAVELER5Jw RightFax H1-3 10/23/2007 12 : 30 : 01 PM PACE 003/004 Fax Server ACORD CERTIFICATE OF LIABILITY INSURANCE 10/23/2007"" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JBL&K RISK SERVICES LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 NW 2ND AVE SUITE 800 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PORTLAND,OR 972093951 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (888) 661-3938 XV079 882 INSURERS AFFORDING COVERAGE NAIC# INSURED CAMPBELL DELONG RESOURCES INC INSURER A:THE CHARTER OAK FIRE INSURANCE COMPANY 2627 NE 33RD AVE INSURER B: PORTLAND,OR 97212 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'j POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE M./DD,"",LIMITS A X GENERAL LIABITTY 680-711 OB618-07 04/01/2007 04/01/2008 EACH OCCURRENCE $1,000,000 �( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 CLAIMS MADE a OCCUR MED EXP(Any oneperson) $5,000 HIRED AUTO X NON OWNED AUTO PERSONAL R ADV INJURY $1,000,000 GENERAL AGGREGATE 2 000 000 GEN'LAGGREGATE UMITAPPUESPER* PRODUCTS-COMP/OP AGG $2,000,000 PRC POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ Po PERTY DAMAGE ( er accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY. AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE Q $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED-DESIGNATED PERSON/ORGANIZATION,CG T4 91 . IN THE EVENT OF NON-PAYMENT OF PREMIUM,ONLY TEN(10)DAYS NOTICE OF CANCELLATION SHALL BE GIVEN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF TIGARD, IT'S OFFICERS, DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN DIRECTORS,AND EMPLOYEES NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 13125 SW HALL BLVD. TIGARD,OR 97223 IMPOSE NO OBLIGATION OR LIABILITY CF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ACORD CORPORATION 1988 RightFax H1-3 10/23/2007 12 : 30 : 01 PM PAGE 004/004 Fax Server IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)