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HomeMy WebLinkAbout2013-086 Contract - Chown Security Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Chown Security ASHLAND CONTACT: Fred Chown / Jason McCauley 20 East Main Street i Ashland, Oregon 97520 ADDRESS: 333 NW 161" Avenue, Portland, OR 97209 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503-243-6500 DATE AGREEMENT PREPARED: 03/21/2013 FAX: 503-243-6519 BEGINNING DATE: March 25, 2013 COMPLETION DATE: May 15, 2013 COMPENSATION: $15,607.02 per proposal #349102 attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Provide wireless locksets for 13 openings and the programming for installation per proposal #349102 attached as Exhibit C. Locksets will be installed by the City. Location: Ashland Police Department ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has, represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared'by Contractor pursuant to this contract shall be the properly of City. 6. Statutory Requirements: ORS 2798.220, 2796.225, 2798.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,494 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, 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 contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. i b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, 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: Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 1 of 5 is If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; it. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way j that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required bylaw or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed, d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under . this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to I the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to i City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any ' contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a.general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Properly Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation material change, reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/3012012, Page 2 of 5 intent not to renew the insurancecoverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United Stales District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein Of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit Aand herein incorporated by reference. Contractor: City of Ashland By By 1Signature Department Head NN\ Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with G l ~0~ the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06130/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following i criteria: j (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are 4 purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. ✓ (4) Labor or services are performed only pursuant to written contracts. ✓ (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 31 3 Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 4 of 5 loft PROPOSAL SMS Access Control Prepared for: lob Location: CITY OF ASHLAND City of Ashland-Pollee Department 20 E MAIN $T 90 N Mountain Ave ASHLAND, OR 97520 Ashland, OR 97520 C/O DALE PETERS petersd@ashland.or.us 541-552-2292 Office 541-552-2304 Fax Project: Police Department AD ? PROPOSALN 349102 DATE: February 6, 2013 We are pleased to offer you the following quotation for you consideration. j I System Overview i Attachments: Exhibit A - Service Policy Grand Total $ 15,607.02 Lead-time: 4-6 weeks for materials Proposal price is good for 30 days. Please feel free to contact us with any questions j Prepared by: lose,, McCauley 541-915.5975 iasonm0chown.com i i j pa 1I,M V,..n3LJEr<N: 11111.14. 1611r R~eW< Vn. BO{]6Rl IaN.M, eR 9)201 pwIhM OP 9]]eb 1w,1:5o)Ii1650J ioYn«:690.Sii.1910 b.:591.iAb519 pcaW.]Sl)6N po-Mpanmenr AmWlai9 FR09o., R[VIXO 2 ore SYSTEM EQUIPMENT/SOFTWARE/fiARDWARE r SYSTEM EQUIPMENT I Ea. Panel Interface Module I I Police Department 12 Ea. AD-400 wireless locks with Primus cylinders (cylindrical) I Ea. AD 400 wireless locks with Primus cylinder (trim for 99 series exit device) 1 Ea. 99 series exit device (exit only) i I Responsibilities / Acceptance Chown Security: i 1) Supply all equipment proposed. I 2) Setup and program equipment proposed. 3) Final commissioning of the system after Installation. 4) Provide PTP airing diagram for the PIM and update as-builts. CITY OF ASHLAND 1) Install Panel Interface Module and all AD400 locksets 2) Allow access to SMS system for programming, 3) Make all low voltage terminations. Approved by: Date: P.O. u This 11opolollhpd4e aeaone, otour.1son,sinks, or«aeedond delhnrld In una;mm 11,110) do, o/ the dauneno% This pmpotor4 he Pmpe.rv a/cnc:m 5,1.ay. 11 is wt/orpvWicotian and II 1s0uede.pren0'on thecoedi(on Ihatit 4 not tow taped, reprinted e. reproduced In pe hnnes,, nor Is It m Ee dn,r ned toonyrh:rcrparty, either whNrxpr in poq MUIaY( the sr lest wnprn consent o/ Chavn security. I Peru+m nemaeae~+..: 191n 1V, 16~A laem,e VO. 0,,i6A5 Pw W M, OP 91303 PaU+nd,00 912N louC5a1 MoSW Tag net =547d930 ""Sol N16519 1+.100l50165i Po'.a OaP+nn..mPOlp)leab-P0.0ro5N IMSD-2.1.11 www.saif.com OREGON WORKERS COMPENSATION Q,saif CERTIFICATE OF INSURANCE corporation CERTIFICATE HOLDER: CITY OF ASHLAND 90 N. MOUNTAIN AVE ASHLAND, OR 97520 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 950928 01/01/2013 to 01/01/2014 03/25/2013 INSURED: BROKER OF RECORD: CHOWN INC USI NORTHWEST XEN I INC 700 NE MULTNOMAH ST STE 1300 7401 SW WASHO CT #200 PORTLAND, OR 97232-4113 TUALATIN, OR 97062 LIMITS OF LIABILITY: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 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. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. AUTHORIZED REPRESENTATIVE 2rgqd~j, J r President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.373.8020 Pol icy_cenificates_certifi rateofinsu ra nce ~ °r'\ a CHOWNINC E Client#:325772 t r (M 2 D/28/2/28/2/DD/vrvr ACORD CERTIFICATE OF LIABILITY INSURANCE 2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONTACT NAME: Bambi Brown, CIC, CRM NAM USI Northwest CL1 PHONE A/C No Est : 503.295.8312 A/ 610.362.8189 c No: 700 NE Multnomah, Suite 1300 E-MAIL ADDRESS: bambi.brown@usi.biz Portland, OR 97232 INSURERS AFFORDING COVERAGE NAICA 503 224-8390 INSURER A: Hanover Insurance Company 31534 INSURED INSURER B: Allmerica Financial Benefit 41840 Chown, Inc. INSURER C P O Box 2888 INSURER D: Portland, OR 97208 INSURER E: - INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXP LTR TYPE OF INSURANCE INDDL WVD POLICY NUMBER MWDDY EFF MIWODN r Y LIMITS A GENERALLIABILITY ZH2904844002 3101/2013 03/01/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eao¢TUrDence $100000 CLAIMS-MADE 51 OCCUR MED EXP(Any one person) $10000 X WA Stop Gap Included PERSONAL S ADV INJURY $1000000 GENERAL AGGREGATE $2,000000 GEN'L AGGREGATE U- APPLIES PER: PRODUCTS - COMP/OP AGG $2,000000 X POLICY PE OT LOC $ B AUTOMOBILE LIABILITY AW2904849802 3/01/2013 03/01/201 Ee aBINEDISINGLE LIMIT 51,000,000 X ANY AUTO BODILY INJURY (Per Person) $ ALL OWNED SCHEDULED BODILY INJURY (Per aoddent) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident A X UMBRELLA LIAR X OCCUR UH2900898602 3/01/2013 03/01/201 EACH OCCURRENCE S5 OOO OOO EXCESS LIAB CLAIMS-MADE AGGREGATE $r),000.000 DED X RETENTION $0 $ ORY - WORKERS COMPENSATION WC STATU- 10TH AND EMPLOYERS' LIABILITY Y/N OFFICERMIEMBER EXCLUDED XECUTIVE❑ N/A E.L EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ A es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) The General Liability policy (per form 42100800103) includes a blanket automatic Additional Insured endorsement that provides Additional Insured status to the The City of Ashland and its elected officials, officers and employees, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION WILL CANCELLED City of Ashland SHOULD THEREOF,, POLICIES BE DE DELIVERED NE THE Attn: Karl Olson ACCORDANCE WITH THE POLICY PROVISIONS. 90 N. Mountain Avenue Ashland, OR 97520 AUTHORIZED REPRESENTATIVE W1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S9391121/M9378513 CBPZP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured - Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage - Borrowed Equipment, Customers Goods & Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice (Employed nurses, EMT's & paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause Included 11. Medical Payments - Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations - Covered until end or policy period Included 14. Non-owned Watercraft 51 ft. 15. Personal Injury - Broad Form Included 16. Product Recall Expense - Each Occurrence Limit $ 25,000 - Aggregate Limit $ 50,000 17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18. Supplementary Payments Increased Limits - Bail Bonds $ 2,500 - Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy. Permit This insurance applies on a primary basis if Under Section II - Who Is An insured, Paragraph 5. that is required by the written contract, written is added as follows: agreement or permit. 5. a. Any person or organization with whom you b. This provision does not apply: agreed, because of a written contract, written (1) Unless the written contract or written agreement or permit to provide insurance, is agreement has been executed or permit an insured, but only with respect to: has been issued prior to the "bodily injury', (1) "Your work" for the additional insured(s) "property damage", "personal injury" or at the location designated in the contract, "advertising injury". agreement or permit; or Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 1 of 6 (2) To any person or organization included as (4) Repackaging, unless unpacked solely for an insured by an endorsement issued by the purpose of inspection, demonstration, us and made part of this Coverage Part. testing, or the substitution of parts under (3) To any person or organization included instruction from the manufacturer, and as an insured under item 2 of this then repackaged in the original container; endorsement. (5) Any failure to make such inspection, ad- (4) To any lessor of equipment: justments, tests or servicing as the vendor has agreed to make or normally (a) After the equipment lease expires; or undertakes to make in the usual course (b) If the "bodily injury', "property dam- of business in connection with the sale of age", "personal injury" or "advertising the product; injury" arises out of sole negligence (6) Demonstration, installation, servicing or of the lessor. repair operations, except such operations (5) To any: performed at the vendor's premises in (a) Owners or other interests from whom connection with the sale of the product; land has been leased which takes (7) Products which, after distribution or sale place after the lease for the land ex- by you, have been labeled or relabeled or pires; or used as a container, part or ingredient of (b) Managers or lessors of premises if: any thing or substance by or for the vendor. (i) The occurrence takes place after c. This insurance does not apply to any insured you cease to be a tenant in that premises; or person or organization, from whom you have acquired such products, or any ingredient, (n") The "bodily injury", "property part or container, entering into, accompany- damage", "personal injury" or ing or containing such products. "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the (1) Under Section III,- Limits of Insurance the manager or lessor. General Aggregate Limit applies separately to each of your "locations" owned by or rented to 2. Additional Insured - Broad Form Vendors you. Under Section II - Who Is An Insured, Paragraph 6. (2) Under Section V - Definitions, definition 23. is is added as follows: added as follows: 6. a. Any person or organization with whom you 22• "Location" means premises involving the agreed, because of a written contract or same or connecting lots, or premises whose written agreement to provide insurance, but connection is interrupted only by a street, only with respect to "bodily injury' or "property roadway, waterway or right-of-way of a rail- damage" arising out of "your products" which road. are distributed or sold in the regular course of the vendor's business, subject to the 4. Alienated Premises following additional exclusions: Under Section I - Coverage A, paragraph 2. Exclu- b. The insurance afforded the vendor does not sions, j. (2) is replaced in its entirety with the apply to: following: (1) "Bodily injury" or "property damage" for (2) Premises you sell, give away or abandon, if the which the vendor is obligated to pay dam- "property damage" arises out of any part of those ages by reasons of the assumption of li- premises and occurred from hazards that were ability in a contract or agreement. This known by you, or should have reasonably been exclusion does not apply to liability for" known by you, at the time the property was damages that the insured would have in transferred or abandoned. the absence of the contract or agreement; (2) Any express warranty unauthorized by 5. Bodily Injury Redefined you; Under Section V - Definitions, definition 3. "bodily (3) Any physical or chemical change in the injury" is replaced in its entirety with the following: product made intentionally by the vendor; Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 2 of 6 3." "Bodily injury" means bodily injury, sickness or 9. Knowledge of Occurrence disease sustained by a person. This includes Under Section IV - Commercial General Liability mental anguish, mental injury, shock, fright or Conditions, Condition 2 - Duties in the Event of death resulting from "bodily injury", sickness or Occurrence, Offense, Claim or Suit, paragraph e. is disease. added as follows: 6. Broad Form Property Damage - Borrowed e. Notice of an "occurrence", offense, claim or "suit" will Equipment, Customers Goods, Use of Elevators be considered knowledge of the insured if reported to an individual named insured, partner, (1) Under Section I - Coverage A, paragraph 2. executive officer or an "employee" designated by Exclusion j. is amended as follows: you to give us such a notice. Paragraph (4) does not apply to 'property dam- age" to borrowed equipment while at a jobsite 10. Liberalization Clause and not being used to perform operations. Under Section IV - Commercial General Liability Paragraphs (3), (4) and (6) do not apply to Conditions, condition 10. is added as follows: "property damage" to "customers goods" while on 10. Liberalization Clause your premises nor do they apply to the use of elevators at premises you own, rent, lease or If we adopt any revision that would broaden the occupy. coverage under this Coverage Form without (2) Under Section V - Definitions, definition 24. is additional premium, within 45 days prior to or added as follows: during the policy period, the broadened coverage will immediately apply to this 23. "Customers goods" means property of your Coverage Part. customer on your premises for the purpose of being: 11. Medical Payments - Increased Limits a. worked on; or 1 Under Section I - Coverage C ,paragraph a. b. used in your manufacturing process. (2) is replaced in its entirety by the following: (3) The insurance afforded under this provision is (2) The expenses are incurred and reported to excess over any other valid and collectible prop- us within three years of the date of the erty insurance (including deductible) available to accident; and the insured whether primary, excess, contingent (2) Under Section III - Limits of Insurance, or on any other basis. paragraph 7. is replaced in its entirety by the following: 7. Extended Property Damage 7. Subject to 5. above, the higher of: Under Section I - Coverage A, paragraph 2. a. $10,000; or Exclusions, Exclusion a. is replaced in its entirety with the following: b. The amount shown in the Declarations a. "Bodily injury" or "property damage" expected or for Medical Expense Limit is the most intended from the standpoint of the insured. This we will pay under Coverage C for all exclusion does not apply to "bodily injury' or medical expenses because of "bodily "property damage" resulting from the use of injury' sustained by one person. reasonable force to protect persons or property. (3) This coverage does not apply if Coverage C - Medical Payments is excluded either by the 8. Incidental Malpractice - Employed Nurses, EMT's provisions of the Coverage Part or by and Paramedics endorsement. Under Section II - Who Is An Insured, paragraph 12, Mobile Equipment Redefined 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if Under Section V - Definitions, definition 12, you are not engaged in the business or occupation of Mobile Equipment, paragraph f.(1)(a)(b)(c) does providing medical, paramedical, surgical, dental, x-ray not apply to self-propelled vehicles of less than or nursing services. 1,000 pounds gross vehicle weight. 13. Newly Acquired Or Formed Organizations Under Section II - Who Is An Insured, paragraph 4.a. is replaced in its entirety by the following: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 3 of 6 'a. Coverage under this provision is afforded only repair, replacement, adjustment, removal until the end of the policy period. or disposal of: (1) "Your product"; 14. Non-Owned Watercraft (2) "Your work"; or Under Section I - Coverage A, paragraph 2 (3) "Impaired property"; Exclusions, g.(2) is replaced in its entirety by the following: if such product, work, or property is (2) A watercraft you do not own that is: withdrawn or recalled from the market or (a) Less than 51 feet long; and from use by any person or organization because of a known or suspected defect, (b) Not being used to carry persons or deficiency, inadequacy or dangerous property for a charge; condition in it, but this exclusion does not This provision applies to any person, who apply to "product recall expenses" that you with your consent, either uses or is incur for the "covered recall" of "your responsible for the use of a watercraft. product". The exception to the exclusion does not apply to "Product recall expenses" 15. Personal Injury - Broad Form resulting from: (1) Under Section I - Coverage B, paragraph 2.e. (1) Failure of any products to accomplish is deleted in its entirety. their intended purpose; (2) Under Section V - Definitions, definition 14, (2) Breach of warranties of fitness, quality, paragraph b. is replaced in its entirety by the durability or performance; following: (3) Loss of customer approval, or any cost b. Malicious prosecution or abuse of process. incurred to regain customer approval; (3) Under Section V - Definitions, definition 14, (4) Redistribution or replacement of "your paragraph h. is added as follows: product" which has been recalled by h. Discrimination or humiliation (unless like products or substitutes; insurance thereof is prohibited by law) that (5) Caprice or whim of the insured; results in injury to the feelings or reputation (6) A condition likely to cause loss of which of a natural person, but only if such any insured knew or had reason to discrimination or humiliation is: know at the inception of this insurance; (1) Not done intentionally by or at the (7) Asbestos, including loss, damage or direction of: clean up resulting from asbestos or (a) The insured; asbestos containing materials; (b) Any officer of the corporation, (8) Recall of "your products" that have no director, stockholder, partner or known or suspected defect solely member of the insured; and because a known or suspected defect in another of "your products" has been (2) Not directly or indirectly related to an found. "employee", not to the employment, (2) Under Section II - Who Is An Insured, prospective employment or termination of any person or persons by an paragraph 4.d. is added as follows: insured. d. Coverage A does not apply to "product (4) This coverage does not apply if Coverage B - recall expense" arising out of any Personal and Advertising Injury Liability is withdrawal or recall that occurred before excluded either by the provisions of the you acquired or formed the organization. Coverage Part of by endorsement. (3) Under Section III - Limits of Insurance, paragraph 8. is added as follows: 16. Product Recall Expense 8. The Limits of Insurance and rules stated (1) Under Section I - Coverage A, paragraph 2 below fix the most we will pay under this Exclusions, n. is replaced in its entirety by the coverage part. following: (1) The Aggregate Limit is the most we will n. Recall of Products, Work or Impaired reimburse you for the sum of all "product Property recall expenses" incurred for all "product Damages claimed for any loss, cost or recall expenses" initiated during the policy expense incurred by you or others for the period. loss of use, withdrawal, recall, inspection, Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 4 of 6 (2) The Each Occurrence Limit shown in the such products are free from defects Summary of Coverages Declaration is the that could be a cause of loss under this most we will pay in connection with any one insurance. defect or deficiency. (5) Under Section V - Definitions, the following (a) All "product recall expenses" in definitions are added: connection with substantially the same 25. "Covered recall," means a recall made general harmful condition will be necessary because you or a government deemed to arise out of the same defect body has determined that a known or or deficiency and considered one suspected defect, deficiency, inadequacy, occurrence. or dangerous condition in "your product" (b) Any amount reimbursed for "product has resulted or will result in "bodily injury" recall expenses" in connection with any or "property damage". one occurrence will reduce the amount 26. "Product recall expense" means: of the Aggregate Limit available for a. Necessary and reasonable expenses reimbursement of "product recall for: expenses" in connection with any other defect or deficiency. (1) Communications, including radio or . television announcements or (c) If the Aggregate Limit has been printed advertisements including reduced by reimbursement of "product stationery, envelopes and postage; recall expenses" to,an amount that is less than the Each Occurrence Limit, (2) Shipping the recalled products the remaining Aggregate Limit is the from any purchaser, distributor or user the place or places most that will be available for designated by you; reimbursement of "product recall expenses" in connection with any other (3) Remuneration paid to your regular defect or deficiency. "employees" for necessary over- time; The Limits of Insurance of Product Recall Expense apply separately to each (4) Hiring additional persons, other consecutive annual period and to any than your regular "employees"; remaining period of less than 12 months, (5) Expenses incurred by "employees" starting with the beginning of the policy including transportation and ac- period shown in the Declarations, unless commodations; the policy period is extended after issuance (6) Expenses to rent additional ware- for an additional period of less than 12 house or storage space; months. In that case, the additional period will be deemed part of the last preceding (7) Disposal of "your product', but only period for the purposes of determining the to the extent that specific methods Limits of Insurance. of destruction other than those (3) A Deductible of $500 applies for Each employed for trash discarding or disposal are required to avoid Occurrence. "bodily injury" or "property damage" (4) Under Section IV - Commercial General as a result of such disposal; Liability Conditions, Condition 2 - Duties in You incur exclusively for the purpose of the Event of Occurrence, Offense, Claim or recalling "your product; and - Suit, paragraph f. is added as follows: b. Your lost profit resulting from such f. You must see to it that the following are "covered recall". done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": 17. Property Damage Legal Liability (Fire, Lightning, Explosion, Smoke or Leakage from (1) Give us prompt notice of any discovery Fire Protective Systems Damage) or notification that "your product" must be withdrawn or recalled. Include a (1) The word fire is changed to fire, lightning, description of "your product" and the explosion, smoke and leakage from fire pro- reason for the withdrawal or recall; tective systems where it appears in the Limits (2) Cease any further release, shipment, of Insurance section of the Declarations for the Commercial General Liability Coverage Part. consignment or any other method of distribution of like or similar products until it has been determined that all Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 5 of 6 (2) Under Section I - Coverage A, the last para- 18. Supplementary Payments Increased Limits graph (after the exclusions) is replaced in its Under Section I - Supplementary Payments, entirety by the following: Coverages A and B ,paragraphs 1.b. and 1.d. are Exclusions c. through n. do not apply to dam- replaced in their entirety as follows: age by fire, lightning, explosion, smoke or leak- 1.b. Up to $2,500 for cost of bail bonds required age from fire protective systems to premises because of accidents or traffic law violations while rented to you or temporarily occupied by arising out of the use of any vehicle to which you with the permission of the owner. A sepa- the Bodily Injury Liability Coverage applies. rate limit of insurance applies to this coverage We do not have to furnish these bonds. as described in LIMITS OF INSURANCE (SEC- TION III). This limit will apply to all damage 1.d. All reasonable expenses incurred by the proximately caused by the same event, whether insured at our request to assist us in the such damage results from fire, lightning, ex- investigation or defense of the claim or "suit", plosion, smoke or leakage from fire protective including actual loss of earnings up to $300 a systems or any combination of the five. day because of time off from work. (3) Under Section III - Limits Of Insurance, para- graph 6. is replaced in its entirety by the follow- 19. Unintentional Failure to Disclose Hazards ing: Under Section IV - Commercial General Liability 6. Subject to 5. above, the higher of: Conditions, Condition 6. - Representations, paragraph d. is added as follows: a. $500,000; or b. The Fire, Lightning, Explosion, Smoke d. We will not disclaim coverage under this Leakage from Fire Protective Sys- Coverage Part if you fail to disclose all hazards or tems Damage Limit shown the Dec- existing as of the inception date of the policy provided such failure is not intentional.* larations is the most we will pay under Coverage A for damages because of "property damage" from fire, lightning, 20. Unintentional Failure to Notify explosion, smoke and leakage from fire Under Section IV - Commercial General Liability protective systems to premises, while Conditions, Condition 2. - Duties in the Event of rented to you or temporarily occupied Occurrence, Offense, Claim or Suit, paragraph g. by you with permission of the owner. is added as follows: (4) Under Section IV - Commercial General f. Your rights afforded under this policy shall not Liability Conditions, Condition 4. Other be prejudiced if you fail to give us notice of an Insurance, paragraph b.(2) is replaced by the "occurrence", offense, claim or "suit", solely due following: to your reasonable and documented belief that b.(2) That is fire, lightning, explosion, smoke the "bodily injury" or "property damage" is not or leakage from fire protective systems covered under this policy. insurance for premises rented to you or temporarily occupied by you with per- mission of the owner; or (5) Under Section V - Definitions, definition 9. "Insured contract", a. is replaced in its entirety by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire pro- tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". (6) This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 6 of 6 USI INSURANCE SERVICES CERTIFICATE RETURN MAIL PROCESSING P.O. BOX 5007 NOVATO, CA 94948-5007 CITY OF ASHLAND ATTN: KARI OLSON 90 N MOUNTAIN AVE ASHLAND OR 97520-2014 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 3/29/2013 11508 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000687 SHIP TO: Ashland Building Maintenance CHOWN SECURITY, CHOWN INC DBA (541) 488-5358 P 0 BOX 2888 90 N MOUNTAIN AVENUE PORTLAND, OR 97208 ASHLAND, OR 97520 FOB Point: Req. No.: . Terms: Net 30 days Dept.: Req. Del. Date: Contact: Dale Peters Special Inst: Confirming? No . Quantity - Unit Description Unit Price Ext. Price Provide wireless lockets for 13 15,607.02 openinqs and the proqramminq for installation per attached contract. Lockset will be installed by the City. Location: Ashland Police Department Contract for Goods & Services Beqinninq date: 03/25/2013 Completion date: May 15, 2013 Insurance required/On file SUBTOTAL 15 607.02 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 15,607.02 ASHLAND, OR 97520 Account Number Project Number'' - Amount Account Number, Project Number _ .,.-Amount _ E 410.08.24.00.70420 E 201020.120 1516- 07.02 i I ~fnj Ltrv 4AIt6 ~~1 G r Authorized Signature VENDOR COPY Fl7RM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: ITEL Required date for delivery: Vendor Name CHnWN .CFCI iRITY Address, City, State, Zip 333 NW 16th AVE Contact Name & Telephone Number PORTLAND, OR 97209 Fax Number 503 243 6500 FAX 503 243 6519 JASON McCAULY 541 915 5975 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 # ❑ VerbalNVrtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ole Source Contract # GOODS & SERVICES 51Pplicable For on, 7 or 8) ❑ 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 ❑ Special Procurement Intergovernmental Agreement $5.000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Wdtten proposals attached Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: -(Date) I Description of SERVICES Total Cost t~ t~V v e 0=1'^' 1 w i= rvT 64 r.A D cS610-J i CE$ l i5 -rip , $ 15,607.02 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® 9 - 0Lt - i -"-L TOTAL COST ❑ Per attached quotelproposal La i l 5;- $ Project Number E201020.120 Account Number _ 410.08.24.00.704200 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: ITDirector Date Support -Yes/No By signing this qu' 'lion form, I certify that the City's public contracting requirements have been satisfied. ` Employee Signature: Department Head Signature: (Equal to or eat rthan $5,000) Additional signatures (if applicable): 1 Funds appropriated for current fiscal year, / NO d kt n y i Finar{ a Diiic?&- (Equai to or greater than $5,000) Date Comments: Form #3 - Requisition FORM #5 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: Dave Kanner, City Administrator From: Dale Peters, Facilities Maintenance Date: March 7, 2013 Re: Sole Source Determination and Written Findings for Goods and 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: S15,607.02 Project name: Police Department Description of goods and services: I Panel Interface Module, 12 AD-400 wireless locks with Primus cylinders (cylindrical), I AD-400 wireless lock with Primus cylinder (trim for 99 series exit device), 1 99 series exit device (exit only) Background: This purchase is for continued improvements to the overall security of city buildings and properties. Over the past several years we have made improvements within the Police Department, City Hall, Community Developmentand Electric Department. The equipment and software we have chosen is provided by CHOWN HARDWARE. The software is the Schlage SMS software. Chown Hardware is located in Portland, Oregon and they are the Southern Oregon Dealer and Installer for the equipment compatible with the Schlage SMS software. This sofhvare is expandable and can be used in all city-owned facilities. This sole source justification applies to the purchase ofAD-400 wireless locks with Primus cylinders, panel interface module, AD-400 wireless lock (trim for 99 series exit device) and 99 series exit device. We ask that this be treated as a sole source. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 311312013 Findings: [The findings below must include factual information supporting the determination? Market Research Overall finding: We have contacted-Ingersoll Rand also in the Seattle- Portland area and they do not want to compete with CHOWN and they do not have the Service Technicians in Southern Oregon to support this project. [In accordance with ORS 279B.075, these are the examples offtndings that should be addressed Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured More than one finding can be addressed The findings are as follows. Pursuant to ORS 27913.075 (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. We have made improvements in the past to security within the Police Department. We are contimting this process with the expandable equipment and software provided by CHOWAI HARDWARE, The software is the Schlage SMS software. Chown Hardware is located in Portland, Oregon and they are the Southern Oregon Dealer and Installer for the equipment compatible with the Schlage SMS 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. Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. 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. ~I Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 3/1312013