HomeMy WebLinkAbout2013-068 Waranty Renewal - GE Zenon
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ZENON ENVIRONMENTAL CORPORATION
C/O GE WATER & PROCESS TECHNOLOGIES Quotation
CANADA
*Water & Process Technologies 3239 DUNDAS STREET WEST
OAKVI LLE, ON L6M 4B2
PHONE: 1-866-GEWATER
FAX 866-891-4893 (ORDER PLACEMENT)
Quote Date Quotation Exp. Date Quote Number
15MAR2013 19APR2013 20212960
Sales Qrg. Sales Representative I Contact Reference
8493 Adam Colling. (760) 685 7959 To Whom It May Concern
Sold To: 1000120334 Ship To: 4000148435
CITY OF ASHLAND CITY OF ASHLAND WWTP
PUBLIC WORKS DEPT. 1295 OAK STREET .
20 E MAIN ST. ASHLAND OR 97520
ASHLAND OR 97520 UNITED STATES
UNITED STATES
Ell I To: 0000477474 Pa ent Terms
CITY OF ASHLAND Net 30 Days from Date of Receipt of Invoice
PUBLIC WORKS DEPT.
20 E MAIN ST.
ASHLAND OR 97520
UNITED STATES
Inco Terms
Currency. U.S. Dollar Freight
SNo. Item Description Quantity Unit Price Unit Amount
10 3066885
FEE,ZENO TRAC WARRANTY
1 EA 1 EA 3,828.00 EA 3,828.00
Remote Monitoring & Diagnostics (ZenoTrac or RM8D) -
Eight Month Contract Renewal
Start Date. April 1st, 2013
Expiry Date: November 30th, 2013
There will be two billings - 4 months each, in advance of '
service.
GE retains ownership of all utilized RM&D scftware. The
software is provided to Buyer on a licensed basis, and
GE reserves the right to have the software returned
whenever RM&D service is not being delivered.
Buyer is required to provide some form of Internet
service to facilitate RM&D operation.
Where Buyer is responsible for RM&D service delays of
any kind there will be no extension to the agreement,
Buyer is responsible to re-establish service aid continue
with the agreement.
Where GE is responsible for RM&D service delays
during the agreement, the duration of the agreement
shall be extended for the same period of the service
delay.
Additional service information available upon request.
NET PRICE USD 6,29&00
Thankyou for your Consideration. To place an order, please fax signed Purchase Orders to the Customer Care number shown above.
To ensure that you receive the pricing quoted, please reference this quotation number on your order. All sales are subjectto
our terms and conditions, contained wt this quotation.
Freight for Bulk Delivery and specialized freight charges, where applicable, are not included unless otherwise indicated above.
Taxation rates shown are based on tax codes in effect at the time of this quotation, and are subject to change.
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ZENON ENVIRONMENTAL CORPORATION
GO GE WATER& PROCESS TECHNOLOGIES Quotation
CANADA
*Water & Process Technologies 3239 DUNDAS STREET WEST
OAKw LLE, ON L6M 4B2
PHONE: 1-866-GEWATER
FAX 866-891-0893 (ORDER PLACEMENT)
Quote Date Quotation Exp. Date Quote Number
15MAR2013 19APR2013 20212960
Sales Ong. Sales Representative f Contact Reference
B493 Adam Calling. (760) 685 7959 To Whom It May Concern
Sold To: 1000120334. Ship To: 4000148435
CITY OF ASHLAND CITY OF ASHLAND WWTP
PUBLIC WORKS DEPT. 1295 OAK STREET
20 E MAIN ST. ASHLAND OR 97520
ASHLAND OR 97520 UNITED STATES
UNITED STATES
Bill To: 0000477474 Payment Terms
CITY OF ASHLAND Net 30 Days from Date of Receipt of Invoice
PUBLIC WORKS DEPT.
20 E MAIN ST. -
ASHLAND OR 97520
UNITED STATES
Inca Terms
Currency: U.S. Dollar Freight
SNo. Item Description Quantity Unit Price Unit _ Amount
20 3066598 -
FEE,2417 SUPPORT
1 EA 1 EA 2,470.00 EA 2,470.00
2417 Emergency Telephone Technical Support
Billing is annual in advance.
Start Data April 1 st, 2013
Expiry Date: March 31st, 2014 -
2417 ACCESS CODE 3433
Please keep a copy of the Operating Manual, all Process
and Instrumentation Drawngs and all Electrical
Drawings on site and accessible for reference.
Additional product information available upon request.
Prices shown are fora single year renewal of service If
Buyer is able to issue a firm, multi-year Purchase Order
for a 2.3,4 or 5-year period, the stated price par year will
be held unchanged over the full duration. Buyer will sav
on annual inflation adjustments and any other price
add ustments over the period and will save on
administration.
NET PRICE USD 6298.00
Thank you for your Con sideralion. To place an order, please fax signed Purchase Orders to the Customer Care number shown above.
To ensure that you receive the pricing .quoted, please reference this quotation number on your order. All sales are subject to
our terms and conditions, contained with this quotation.
Freight for Bulk Delivery and specialized freight charges where applicable, are not included unless otherwise indicated above.
Taxation rates shown are based on tax codes in effect at the time of this quotation, and are subject to change.
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ZENON ENVIRONMENTAL CORPORATION
C/O GEWATER& PROCESS TECHNOLOGIES Quotation.
CANADA
Water & Process Technologies 3239 DUNDAS STREET WEST
OAKVI LLE, ON U5M 4B2
PHONE: 1-866-GEWATER
FAX: 866-891-4893 (ORDER PLACEMENT)
Quote Date Quotation Exp. Date Quote Number
15MAR2013 19APR2013 - 20212960
Sales Ong. Sales Representative I Contact Reference
B493 Adam Coiling, (760) 685 7959 To Whom It May Concern
Sold To: 1000120334 Shlp To: 4000148435
CITY OF ASHLAND CITY OF ASHLAND WVVTP
PUBLIC WORKS DEPT. 1295 OAK STREET
20 E MAIN ST. ASHLAND OR 97520
ASHLAND OR 97520 UNITED STATES
UNITED STATES
Bill To: 0000477474 Payment Terms
CITY OF ASHLAND Net 30 Days from Date of Receipt of Invoice
PUBLIC WORKS DEPT.
20 E MAIN ST. -
ASHLAND OR 97520.
UNITED STATES
Inco Terms
Currency U.S. Dollar Freight
SNo. Item Description Quanti Unit Price Unit Amount
If regjired, GE will work widt the Buyer to align the
Service term to their fiscal year for ease of budgeting an
administration.
Buyer acknowledges that the, have read and understoo
this Agreement and agree to be bound by the terms and
conditions specified in it.
Authorized By:
(Please Sign)
Authorized By: -
ease not
Tide/Position:
Signature Date:
Email Address:
Purchase Order No:
NET PRI CE USD 6298.00
Thankyou for your Consideration. To place an order, please fax signed Purchase Orders to the Customer Care number shown above.
To ensure that you receive the pricing ~uoted, please reference this quotation number on your order. All sales are subjectto
our terms and conditions, contained with this quotation..
Freight for Bulk Delivery and specialized freight charges where applicable, are not included unless otherwise indicated above.
Taxation rates shown are based on tax codes in effect at the time of this quotation, and are subject to change.
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ZENON ENVIRONMENTAL CORPORATION
C/O GE WATER& PROCESS TECHNOLOGIES Quotation
CANADA
O Water & Process Technologies 3239 DUNDAS STREET WEST
OAKVILLE, ON L6M 4132
PHONE: 1-866-GEVVATER
FAX 866-891-4893 (ORDER PLACEMENT)
Quota Date Quotation Exp. Date Quote Number
19APR2013 20 12960
15MAR2013
Sales Ong. - Sales Representative I Contact Reference
B493 Adam Lolling, (760) 685 7959 To Whom It May Concern
Sold To: 1000120334 Ship To: 4000148435
CITY OF ASHLAND CITY OF ASHLAND WWTP
PUBLI C WORKS DEPT. 1295 OAK STREET
20 E MAIN ST. ASHLAND OR 97520
ASHLAND OR 97520 UNITED STATES
UNITED STATES
Bill To: 0000477474 Payment Terms
CITY OF ASHLAND Net 30 Days from Date of Receipt of Invoice
PUBLIC WORKS DEPT.
20 E MAIN ST.
ASHLAND OR 97520
UNITED STATES
Inco Terms
Currency U.S. Dollar Freight:
SNo. Item Description Quantity Unit Pnce Unit Amount
Billing Address (if differentfrom the Bill-To Address
above):
Uppon acceptance of this proposal, pplease forward the
following ertherbyy 1) email with ptlf attachments, 2)
postal mal or 3) fex to our Contracts Administration
team:
1 the sic7ned proposal and
23 a hard copy of your purchase order (if utilized), and
3) any required tae exemption cemficates
Please confirm the billing and delivery addresses have
been correctly identified above and advise us if changes
need to be made to either.
Send To:
Jennifer Goyeau - Contracts Administrator
3239 Dunda sStreet West nologies
Oakville, Ontario Canada 16M 462
Jennifer.goYeau ahae.com
l NO.: 905 46 50
COMPASS No.: 732042
NET PRICE USD 6 298.00
Thankyou for your Consideration. To place an order, please fax signed Purchase Orders to the Customer Care number shown above.
To ensure that you receive the pricing ,quoted, please reference this quotation number on your order. All sales are subjectto
our terms and conditions, contained with this quotation.
Freight for Bulk Delivery and specialized freight charges where applicable, are not included unless otherwise indicated above.
Taxation rates shown are based on tax codes in effect of the time of this quotation, and are subjectto change.
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GE Power & Water
Water & Process Technologies
Terms & Conditions of Sale
1. Exclusive Terms and Conditions. Together with any other terms the parties agree to in writing,these Terns and Conditions of Sale from the exclusive
ter is('Agreement')where by Buyer Agrees to purchase,and sell Goods and provide advice,instmction and other services in connection with the sale of those
Goods('Services'). Notwithstanding any provisio ns communicated in any way by Buyer to Seller prior to this Agreement including any terms contained in any request
for quote by Buyer,Buyer aaggrees that this Agreement will control the relationship by accepting Goods and Services from Seller,even if Buyer sends to Seller other terms
and conditions to which Seller may notrespond.
2. Buyer Obligations. Seller will not control the actual operation of either Buyer's systems or Goods at the sim,and unless otherwise specifically agreed in
winingjnstallation of Goods shall be the responsibility of Buyer. Goods and Services provided hereunder are based upon the information Buyer makes available to
Seller,and Seller reserves the right to utilize the most compact and feasible design compatible with sound engineering practices,and to make changes in details of
design,constmction and arrangement of Goodsunless precluded by limitations (ncluding,butnot limited to actual space andfeedwater/substance quality specifications)
spenfed by Buyer in writing at the time an order is placed. If no such limitations are specified,Seller shall not be held responsible for incompatibility of the Goods and
Services due to changes in feedwaterisubstance quality specifications or site conditions nor for incompatibility with actual space or design limimtions,which were not
initially disclosed by Buyer and become apparent at a later date. For Services to be accurateand Goods to work as intended,Buyer must fulfill the following obligations
("Obligations'): (a) provide Seller complete and accurate information and data relevant to the scope of work to be provided,s ich as information related to Buyer's site
conditions,system s,related equipment and process,feedwater or other substances to be treated or measured with the Goods, including any hidden,unapparent, or
changing conditions that may affect the effectiveness of the Goods; (b) operate all related systems and the Goods within the agreed to control parameters or,if
none,within industry customary operating conditions; (c) maintain all related systems and Goods in good operating condition and repair, and (d) maintain and handle
Goods in a proper and safe manner. If Buyer fails to fulfill the foregoing Obligabons,Seller shall be relieved of any obligations with respect to warranties or any other
commitments made to Buyer in writing,and Seller shall have no liability for any loss,damage or injury which Buyer may sustain or for which Buyer may be liable.
Buyer is solely responsible for the operation of Buyer's systems,including ensuring that the systems are operated and maintained properly and comply with all
laws,mles,regulations,license conditions and orders. Seller will not operate,inspect or maintain Buyer's systems or act as a licensed operator as defined by local
regulatory authorities.
3. Delivery. Title and risk of loss or damage to Goods as well as containers and tanks in which Goods are contained,except as provided for in section 8 of this
Agreement shall pass to Buyer upon delivery to carver at designated shipping point. Delivery dates indicatedby Seller are only approximate. Quotations andproposal
drawings provided by Seller show only general style,arrangement and approxim ate dimensions and weight.
4. Payment andPrices. Unless otherwise specifiedin writing,payment is due net thirty (30) days from the date of Sellers invoice. If Sellershall have any doubt at any
time as to Buyer's ability to pay,Sellermay decline to make deliveries except on receipt of satisfactory security. The prices quoted herein do not include taxes. Buyer
shall be directly responsible,and reimburse Seller,for the gross amount of any present or future sales, use excise,value-added,or other similar tax applicable to the
price,sale of delivery of any products or services furnished hereunder. Buyer shall furnish Seller with evidence of exemption acceptable to the taxing authorities if
applicable. For multiyear agreements,pricing stated shall remain firm for 12 months,after which Seller shall be entitled to adjust pricing upward on an annual basis
according to the designated formula used by Seller in Buyers country and which shall be notified to Buyer. Unless otherwise specified,all prices are FOB point of
shipment. Buyer agrees to reimburse Seller for collection costsjncluding 2% interest per month,should Buyer fail to timely pay. Buyer shall have no rights to any
setoffs of any nature relating to any payments due under the Agreement. Notwithstanding the terms set forth herein or of any agreement acceptance of Seller's
quotation,Seller reserves the right at any time and from time to time by notice in writing to the Buyer to (a) increase Prices (or impose temporary price adjustments)
based on increases in the cost of base components for the Goods or Services provided,where the increase is due to increased global dem ned,limited supply,temporary
product shortages,allocation of supply,or such other similar inflationary pressures; and (b) impose a surcharge equal to any increase in the cost of the Goods or Services
as a result of a modification of exchange rams,taxes or other levies imposed by public authorities.
5. Payment for Excessive Usage; Lost and Damaged Goods. If payment for Goods is based on some factor other than the actual amount of Goods delivered
(e.g.,payment is for a fixed amount,or based on usage or production),then Buyer agrees to pay for all Goods (a) consumed as a result of Buyer's failure to comply with
Obligations as set forth in Section 2; or (b) lost or damaged after delivery to Buyer.Buyer shall provide Seller all information necessary to calculate amounts due and
enable Seller to audit those records.
6. Consigned Goods. Buyer shall bear all risk of loss and damage to all consigned Goods in Buyer s possession or control,norwithstanding Buyer's exercise of
reasonable care. Seller shall have the right to enter Buyer s premises at all reasonable times to inspect such Goods and related records. Upon requesouyer agrees to
return such Goods to Seller pursuant to Seller s shipping instructions
7. Limited Warranties. Seller warrants that the Goods shall conform to published specifications and shall be free from defects in material and workmanship when at all
times operated in accordance with Seller s written instructions; and that the Services will be performed with the degree of skill which can reasonably be expected from
a seller engaged in a comparable business and providing comparable services under comparable circumstances. Under no circumstances do Services include the
operationjnspection or maintenance of Buyer's systems or acting as a licensed operator as defined by local regulatory authorities. Unless otherwise provided in any
Warranty Schedule that may be attached hereto,the foregoing warranties we valid: (a) for Chemicals,the earlier othee shelfdife of the product,or 6 months from their
date of delivery or the provision of Services; (b) for Consumablesjncluding Filters and Membranes,12 months from their date of delivery, (c) for Goods other than
Chemicals and Consumables,the earlier of,15 months from receipt, or 12 months from stzrtaapffirst use. Unless expressly agreed in a 'Performance Warranty
Document" signed between the parties on a separate basis,there is no performance warranty on Goods and Services or warranty on process results. For Goods not
manufactured by Seller,the warranty shall be the manufacturer's transferable warranty only. Any claim for breach of these warranties must be promptly notified in
writing or the claim will be void. Seller's sole responsibility and Buyer's exclusive remedy arising out of or relating to the Goods or Services or any breach of these
warranties is limited to,at Seller's option: (a) replacement of non-conforming Goods or refund of purchase price of the non-conforming Goods; and (b) re-performance
of the Services at issue,or a refund of the amount paid for the Services at issue. No allowance will be in ade for repairs or alterations made by Buyer without Seller' s
written consent or approval. Goods may not be returned to Seller without Seller's written permission. Sellerwill provide Buyer with a "Return Material Order' number
to use for returned goods. Buyer,as the original purchaser,is not entitled to extend or transfer this warranty to any other party. The foregoing warranties are in lieu of
and exclude all other warranhes,statutory,express or implied,including any warranty of merchantability or of fitness for a particular purpose.
8. Use of Equipment,Tmks,and Containers. Semi-bulk containers (SBCs) owned by Seller shall be used only for the storage of Goods approved by Seller and Buyer
shall return to Seller all SBCA owned by the Seller in an 'empty " condition,as defined by appropriate transport or environmental regulations. Title to,and risk and
ownership of,all equipment,product containers(e.g.,pails,drums,recyclable intermediate bulk containers 'IBC"),and tanks supplied to Buyer shall pass to Buyer as
provided for in Section 3 of this Agreement,except that returnable SBCs shall remain property of Seller,unless otherwise stated in Seller's documentation.
9. Compliance With Laws Permits. Buyer is responsible for compliance with all laws and regulations applicable to the operations of its systems and to the
storage,use,handling,installation,maintenance,removal,registration and labeling of all Goods from and after Buyer's receipt o f the Goods,as well as for the proper
management and disposal of all was and residues associated with the Goods(including but not limited m containers,excess or off-spec product,testing wastes (e.g.,spent
or expired lab reagents and test kits)and signing manifests for waste transport and disposal. Buyer Agrees to ensure that all Goods and Services provided to Buyer for
export are exported only in compliance with applicable export control laws and regulations. Permits and licenses which ate required to operate apparatus or equipment
or to use the Goods,shall be procured by Buyer at Buyer's sole expense. Buyer shall be responsible for and procure all pemits,licenses,exemptions,authorizations and
approvals necessary to the operation of its systems,mcluding but not limited to permits related to liquid and solid waste handling and discharge,air and water
emissions,sound,safety,em. Seller shall not be liable if any such permit,license,exemption,authorization or approval is delayed,denied revoked,restricted,violated or not
renewed and Buyer shall not be relieved thereby of its obligations to pay Sellerin accordance with this Agreement.
10. Force Majeure. Neither party will be responsible to the other (and no event of default will be deemed to have occurred) if uncontrollable events make it -
impracticable or commercially unreasonable for either party to perform under the terms of this Agreernent.provided no force majeure shall apply to Buyer's obligation
to pay in a timely manner for Goods and Services. Scheduled delivery dates are subject to extension when a force majetire went occurs.
11. Confidentiality and Intellectual Property. Both parties agree to keep confidential the other party's proprietary non-public informationjf any,which maybe acquired
in connection with this Agreement. Buyer will not,without Seller's advance written consent.subject Goods to testing,znalysis,or any type of reverse engineering. Seller
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retains all intellectual property rights including copyright which it has in all drawings and data or other deliverables supplied or developed under this Agreement subject
to Buyer's right to use such drawings and data for its own use without additional cost Buyer acknowledges that Seller is in the business of selling the Goods subject to
this Agreement and agrees that it will not file patent applications on the Goods,or processes and methods of using the Goods,without Sellers express wri men permission.
Buyer further agrees that in any event any such patents will not be asserted against Seller or its customers based upon purchase and use of such Goods. Buyer shall be
fully liable for any infringement of patent rights of third parties arising out of the products supplied hereunder where the construction, and other characteristics of such
products including modificati on of the Goods and Semi cesjs prescribed to the Seller, or completed independently by the Buyer or agent(s). Buyer shall fully defend
and indemnify the seller in case of such claim(s). Any software Seller owns and provides pursuant to this Agreement shall remain Seller's property. Seller provides to
buyer a Gmited,non-exclusive and terminable license to such software for the term of this Agreement Buyer agrees not to copy,sub-Lcense translate transfegreverse
engineer,or decode the software. Unless otherwise expressly agreed by Sellerthis license shall terminate and the software shall be returned to Seller upon terminati on of
this Agreement,or the material breach of the terms in this section. Buyer shall defend and indemnify Seller in respect of any claim or liability suffered by Seller in
connection with infringement of any third party rights based on design,specifi cations or requirements prescribed by Buyer or its agent.
12. Limitation on Liability. Except where expressly communicated to Seller,Seller shall have no Lability for incompatibility of Goods with Buyers actual space or
design limitations. To the extent permitted by law,the total liability of the Seller for all claims arising out of or relating to the performance or breach of this Agreement
or use of any Goods Services shall not exceed the annual contract value of this Agreement Seller shall not be liable for any advicejnstruction,assistance or any services
that are notrequired under this Agreement or for which Seller does not charge Buyer. In no event will either party be liable to the other forlost profits or revenues,cost
of capital or replacement or increased operating costsJost or decreased production,claims of Buyer's customers for such damages or any similar or comparable
damages,or for any incidental,special,consequential or indirect damages of any type or kimdJi espective of whether arising from actual or alleged breach of
warranty,indemnification,product liability or strict liability,or any other legal theory- If Buyer is supplying Sellers Goods or Services to a third party,Buyer shall
require the third party to agree to be bound by this clause. If Buyer does not obtain this agreement for Seller's benefit for any reason,Buyer shall indemnify and hold
Seller harmless from all liability an sing out of claims made by the third party in excess of the limitations and exclusion of this clause.
13. Conflicts; Survival,Assignment If there is any conflict between this Agreement and any written proposal or quotation provided by Sellers, then the terms and
conditions set forth in the proposal or quotation shall prevail. If any term or condition of this Agreement or any accompanying terms and conditions are held invalid or
illegal,then such terms and conditions shall be reformed to be made legal or valid,or deleted but the remaining terms and conditions shall remain in full force and
effect,and the Agreement shall be interpreted and implemented in a manner whit h best fulfills our intended agreement This Agreement may only be assigned by Seller
to any affiliate.
14. Termination and Cancellation. This Agreement and any performance pursuant to it may be terminated or suspended by either parry if the other party (a) is the
subject of bankruptcy or insolvency proceedings; or (b) defaults in its material obligati ons under this Agreement,and such default is not cured within thirty (30) days.
Upon the termination of this Agreement: (a) Buyer agrees to pay for all Goods in Buyers possession or for which tide has passed to Buyer,at current prices or at such
other prices as have been agreed to in writing; and (b) all amounts owingjf any,for the equipment or tanks relating to those Goods shall immediately become due and
shall be paid within thirty, (30) days of receipt of an invoice. In the event of cancellation of an order by Buyer,a cancellation charge will be made against the Buyer,in
proportion to the work completed by Seller,or obligated against the order,plus any cancellation charges assessed against Seller by Seller's suppliers.
15. Governing Law and Dispute Resolution. This Agreement shall be governed by the substantive laws of the State of New York The UN Convention on the
International Sale of Goods shall not apply. In the event of a dispute concerning this Agreement the complaining party shall notify the other party in writing thereof
Management level representatives of both parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved
within thirty (30) days after such notice,the complaining party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal district
court in Philadelphia,PA,and the rules of the arbitration will be the Comme trial Arbitration Rules of the American Arbitration Association,which are incorporated by
reference into this clause.
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• Page 1 / 1
CITY O F CITY RECC:d EIl
ASHLAND DATE PO NUMBER
20 E MAIN ST. 3/29/2013 11510
ASHLAND, OR 97520
(541) 488-5300 -
VENDOR: 012643 SHIP TO: Ashland WWTP
GE - ZENON ENVIRONMENTAL CORP, GE WATEI (541) 488-5348
14506 COLLECTIONS CENTER DRIVE 1295 OAK STREET
CHICAGO, IL 60693 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: David Gies
Special Inst: Confirming? No
Quantity Unit Description unit Price Ext. Price
6,298.00
ZENO TRAC Warranty
24/7 Emergency Support
Start date: April 1,2013
Expiry date: November 30, 2013
Two billings, 4 months each, in advance
of service
Quote Number: 20212960
SUBTOTAL 6,298-00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 6,298.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 675.08.19.00.60410 6,298.00
VENDOR COPY
A u th o rize d,} i g na to re
FORM#3 CITY OF
ASHLAND
REQUISITION Date of request:
Required date for delivery:
Vendor Name mG Xry0%Cv&
Address, City, State, Zip
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Ememencv
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement Sole Source Contract #
GOODS & SERVICES Applicable Form (#5,6, 7 or 8) El Other government agency contract .
$5,000 to $100,000 Written quote or proposal attached Agency
❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ SpecialProcureme Intergovernmental Agreement
lit ❑ Agency
$5,000 to $75,000 ❑ Form #9, Request for Approval Date original contract approved by Council:
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date)
❑ (3) Written proposals attached Date approved by Council:
❑ Form #4, Personal. Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
9`jrS /S 0. p,c,~~ 4~fy SNrv~ce fr°e 4h a/ Q
a Y17 PmP Pa/ S~~~ar f ~P[' -CoP l yP~e $
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal $
.9
Project Number _ _ _ _ _ _ • _ _ _ - - Account Numbe67Svrs%/'J-00.Go5//00
-
Account Number Account Number
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
B v signing this re uisition form, I certify that the City's public contracting requirements have been satisfied.
tea- Department Head Signature: Mca.(~ 3~ Z
Employee Signature: 9
(Equal to or greater than $5,000)
City Administrator:
(Equal to or eater han $25,000)
Funds appropriated for current fiscal year E$ / NO 3~j~ to/3
Finance Director-(Equal to or greater than $5,000) Date
Comments:
CITY OF
ASHLAND
SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS
GOODS AND SERVICES
Less than $100,000
To: Mike Faught, Public Works Director
From: David Gies, Wastewater & Water Reuse Supervisor
Date: March 27, 2013
Re: Sole Source Determination and Written Findings for Personal Services
In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there
is only one provider of a product or service of the quality and type required available.
Estimated total value of contract: $6,298.00
Project name: Zeno Trac Warranty & 24/7 Technical Support
Description of project: ZenoTrac Warranty Service Fee and 24/7 Emergency Telephone
Technical Support for a period of one year beginning April 1, 2013.
Background:
The City of Ashland WWTP utilizes Zenon Membranes filtration for removing
phosphorus. This contract covers automated process support and 24/7 emergency telephone
support for the computerized system that operates the membranes.
Findings:
[The findings below must include factual information supporting the determination
Market Research Overall finding: N/A
fln accordance with ORS 279B.075, these are the examples offindiws that should be addressed.
Select at least one of the findings and prepare the determination as it specifically relates to the
goods or services beingprocured. More than one finding can be addressed. The findings are as
follows.
Pursuant to ORS 219B.075 (2)(a): Provide findings supporting your determination that the
efficient utilization of existing goods requires the acquisition of compatible goods or
services from only one source.
The City of Ashland has a Zenon membranes filtration system in place for removing
phosphorus. This is a proprietary system and this contract is with a specific firm (G.E.
Water) that is authorized to support Zenon software.
Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that
the goods or services required for the exchange of software or data with other public or
private agencies are available from only one source. N/A
Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the
goods or services are for use in a pilot or an experimental project. N/A
Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the
goods or services are available from only one source.
These services help the city should the membrane computerized system fail or crash. If the
membrane filtration system is off line for an extended period of time, the City's NPDES
Permit could be violated with excess phosphorus being discharged. This 24/7 support is
invaluable in getting the system up and operating correctly.