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2013-095 Contract - Feeney Wireless Mobile Data Solutions
Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Feeney Wireless, Mobile Data Solutions ASHLAND CONTACT: Bryan Massey 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 2549, Eugene, OR 97402 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 685-9045, 800-683-4818 EMAIL: www.feeneywireless.com, support afeenevwireless.com, DATE AGREEMENT PREPARED: Bryan. Massey@feeneywireless.com BEGINNING DATE: 04/22/13 COMPLETION DATE: 05/15/13 COMPENSATION: $18,140.36 per Quote #Q50020 SERVICES TO BE PROVIDED: Consultant t provide Arbitrator equipment, extended equipment warranty and on-site consulting services per quote Q50020. ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to Be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service 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. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,494 or more, Consultant 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 service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant 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 Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant 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. 10. Termination: Contract for Personal Services, Revised 06/30/2012, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Cites 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 Consultant, or at such later date as may be established by City under any of the following conditions: i. 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; ii. 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant 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 Consultant 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 Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant 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, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant 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 Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant 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. Consultant 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. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant 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. 14. Insurance. Consultant 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. Professional 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 claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. 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 Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. 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. Contract for Personal Services, Revised 06130/2012, Page 2 of 5 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant 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 Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. 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 Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. 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 Consultant 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 States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, 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. CONSULTANT, 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. 17. 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. Consultant 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. onsultant: City of Ashland J By I By 4- Signat Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2012, 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 criteria: (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 ' /purchased for the business. v (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. SfG ve ~cr y/3edla Contractor (Date) Contract for Personal Services, Revised 06130/2012, Page 4 of 5 feeneywireless Quote FW Acct. No. Date Estimate # 4185 4/8/2013 Q50020 PO Box 2549 Eugene, OR 97402 800-683-4818 www.feeneywireless.com Bill To Ship To Joe Luiz Joe Luiz Ashland Police Department Ashland Police Department 1155 E Main St 1155 E Main St Ashland OR 97520-2271 Ashland OR 97520-2271 US US ATTN: Expires Sales Rep Terms Memo FOB Ship Via Joe Luiz 5/8/2013 Massey, Bryan Net 30 Interview RM Orgin Freight Free Item# Description Qty Rate Amount FW5747S ARBTR-KIT-36ONC - PANASONIC : Arbitrator kit 3 3,425.00 10,275.00 MK2.0 with no camera FWCONDRSADV FW On-Site Consulting Services for Interview Roo... 1.5 2,600.00 3,900.00 Arbitrator360 Backend and Front End Deployment and set up. Of VPU - SBX Box, conifguration of ARB Interview Room solution and training. FW3304 Panasonic Arbitrator MK 1.5 CONTROL PANEL 3 650.13 1,950.39 (For use with FW2988 Arbitrator-SI to create Arbitrator-CP) TT-ARBM56P06 Panasonic - TT-ARBM56P06 - WEATHERPROOF 5 145.00 725.00 MINI CAMERA Mini Camera w/ Adjustable Rugged Mount for Arbitrator FW6088 CF-SVCARB2EX2Y - Arbitrator 360 Extended 3 429.99 1,289.97 Warranty - 2 Years (Years 4 & 5) Subtotal 18,140.36 Shipping Cost (Freight Free) 0.00 Total $18,140.36 THIS IS ONLY AN EST] MAI F AND DOES NOT REFLECT TOTAL COSTS THAT MAY INCLUDE SPECIAL HANDLING, SHIPPING OR OTHER SERVICE LEVEL SUPPORT OPTIONS. WE RESERVE THE RIGHT TO ADJUST THIS ESTIMATE AT TIME OF ORDER. Feeney Wireless and its affiliates. Feeney Northwest and its corporation RER Enterprises, Inc. shall not be held responsible for any changes or inaccuracies made in the published rate plans or promotions ofany wireless service provider, or the availability of quoted products, computers, accessories, etc., due to changes in manufacturer or supplier stock or discontinued items by the manufacturer or their distributors, or to any verbal or written claims made by manufacturer or wireless service provider about their products or services. All products and services warranties, statements, claims or adjustments made by the product manufacturer or wireless service providers arc binding between the product manufacturer or service provider and the registered end-user of the product or service. Wireless Service coverage may vary due to customer equi parent, rad in transmission limitations, terrain, human involvement, acts of nature, etc. Due to wireless coverage limitations, the transmission of voice and data information may not be accessible at all times. All claims to the performance, availability of product and service are subject to the performance of the service provider or the manufacturer of the product. All marks and claims ofa product or service are the property of the equipment manufacturer or service provider. A~~ ® O.TE(MMIDDIY ) CERTIFICATE OF LIABILITY INSURANCE 4/30/2013 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). CONT CT PRODUCER NAM EA KPD Insurance, Inc. PHONE aAC No: st, 541-741-0550 PO BOX 784 E-MAIL Springfield OR 97477 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC9 INSURER A INSURED FEEN01 W INSURER B : Feeney Wireless LLC INSURERC: PO Box 2549 INSURERD: Eugene OR 97402-0203 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 76626816 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL BR POLICY EFF POLICY EXP LIMITS LTR IN POUCYNUMBER MMdDO/YYYY MMID GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T COMMERCIALGENERAL LIABILITY PREMISES a $ Pixurrenoel CLAIMS-MADE FIOCCUR MED EXP (M one person) $ PERSONAL 8 AW INJURY $ _ GENERALAGGREGATE E GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ POLICY PRO, LOC E -1 lFr.T AUTOMOBILE LIABILITY Ea awdenl ANY AUTO BODILY INJURY (Per person) E ALLONMED SCHEDULED BODILY INJURY (Per accident) $ AUTOS UTOS H RED AUTOS ANON-0'MJED PROPERTY DAMAGE $ Per accident Urros S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE E DED RETENTIONS E A WORKERS COMPENSATION 59958 /112013 11/2014 X WC STATLL GTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIV NIA E.L.EACHACCI L $500,000 OFFICER/MENIBER EXCLUDED? (Mandatory in NH) E. L. DISEASE-EA EMPLOYE I5500,000 It yes, describe Under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $500,000 B Workers' Compensation 8 C9653336-00 /112013 1112014 E.L. Each Accident 1,000,000 Employers' Liability EL Dis Ea Employee 1,000,000 EL Dis Pol Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Ansch ACORD 101, Additional Remarks Scbedule, it more space is required) Re: Quote Q50020 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AcoRa CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDMY - 4/30/2013 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(les) 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 endorsemen s . CONT CT PRODUCER NAME: KPD Insurance, Inc. PHONE ac Na: - - PO Box 764 E-MAIL Springfield OR 97477 ADDRESS: INSURE S AFFORDING COVERAGE NAIC0 INSURER A:OneBearon America Ins Co 20621 INSURED FEEN01 C INSURER B Feeney Wireless LLC INSURER C PO Box 2549 INSURER ER Eugene OR 97402 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 926366592 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSU RANCE ANDRL SUER POLICY NUMBER MMIDDDYI'/YEFF YY MMIDD/YYEXP YY LIMITS WVD TR A GENERAL LIABILITY 11013010 1112013 11/2014 EACH OCCURRENCE' &1,000,000 ENTE X COMMERCIAL GENERAL LIABILITY PREMISES RD $500,000 CLAIMSWADE K OCCUR MED EXP (Am one person $15,000 PERSONALS ADV INJURY $1,000,000 GENERALAGGREGATE $2,000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000000 1-1 POLICY PR0. X LOC $ JFCT A AUTOMOBILE LIABILITY 711013010 1112013 1112014 Ea eaidenl 1000000 X ANY AUTO - BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per saeent) $ WNED PPROPPEER, YDAMAGE $ X AUTO$ X AUTOS U OS $ A UMBRELLA UAB X OCCUR 711013010 11/2013 /1/2014 EACH OCCURRENCE $5,000,000 X EXCESS DAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTIONS $ "TS WORKERS COMPENSATION WC STATD- OTH-_TOR , ANDEMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE YIN NIA E.L. EACH ACCIDENT $ OFFICER,MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE-EA EMPLOYE $ f yes, &SW I e under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AHacb ACORD 101, Additional Remarks Schedule, N more space Is required) RE: Consultant to provide Arbitrator equipment, extended equipment warranty and on-site consulting services, per Quote #Q50020 The City of Ashland, Oregon, and its elected officials, officers and employees are included as Additional Insureds, per written contract, including Primary and Non-Contributory coverage, per form VCG207_0709. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTXHOgIZED REPREESSEENTATIVE U- - y -A,) k 7v) ©1988-2-21010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD _ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Ia@VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors B. Coverage Territory - Worldwide 2. Additional Insured - by Contract, Agreement or 9. Duties in Event of Occurrence, Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you lease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5. Bodily Injury Redefined - Mental Anguish 16. Non-Owned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers' Goods o Use of Elevators 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section 11- Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: - (1) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or VCG 207 07 09 Includes copyrighted material of Insurance Serviees Office, Inc. Page 1 of 7 Copyright 2009, IIIIIIII!IIII!IIIltlllllll IIIIIIIIIIIIlIIII!11!!II IIII!IIIIIII I III Ili II (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard" Is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED -CONTRACT, AGREEMENT OR PERMIT a. Section Ii - Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily Injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury', "property damage", or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury', "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. 6. To "bodily injury, or "property damage" occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of Insumnoe services Office. Inc. VCG 207 07 09 Copyright 2009, 11111!IIII1111111!1!1111111111111 I!!!! 111111! 11111 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III - Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V - Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED -MENTAIL ANGUISH Under Section V, the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section 11- Who Is An insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE - BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability Is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because your work" was incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $35,000 per "occurrence". VCra 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 Copyright2(09, I! I!! II!I! 11111111!!!!!! II!! I!! II! ttl II I I I I I!!!I b. Under Section V - Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 9. COVERAGE TERRITORY-WORLDWIDE The definition of "coverage territory" is replaced by the following: "Coverage terdtory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV - Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents conceming a claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you area partnership; 3. An executive officer of the corporation or insurance manager, If you are a corporation; or 4. A manager, if you are a limited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE - EMPLOYED PHYSICIANS, NURSES, EMT-3 AND PARAMEDICS a. Under Section 11 _ Who Is An Insured, the paragraph that excludes an employee or volunteer worker as insured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS -INCREASED LIMITS AND TIME PERIOD In the Insuring Agreement under Coverage C - Medical Payments, the requirement that expenses are incurred and reported to us within one year of the data of the accident is changed to three years. a. The Medical Expense Limit is $15,000 per person or the amount shown in the Declarations as the Medical Expense Umit, whichever Is greater. b. This provision 12. does not apply if Coverage C - Medical Payments is otherwise excluded either by the provisions of the Coverage Farm or by endorsement. Page 4 of 7 Includes copyrighted material of insurance Services Office, Inc. VCG 207 07 00 Copyright 2009, 11!!I!!!!!!I!l111111!II!!!I!!!II!It!IIIIIIIIIIIIII 13. MOBILE EQUIPMENT - SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II - Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 15. NON-OWNED AIRCRAFT The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance Is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 16. NON-OWNED WATERCRAFT a. Section it - Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who Is an insured under this provision. Id. 'In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the limitation on the length of a watercraft is increased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of "personal and advertising injury" are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury' arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. VCG 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Page 507 Copyright2009, 111!1!11111111!1!!! 11 II! IIII!1111111!IM11IIIIIII 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. a. The following is added to Section III - Limits Of Insurance section: 1. The Limits of Insurance' shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls" initiated; or (c) Number of "your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of "product recall expenses" in excess of the deductible amount shown in the Product Recall Schedule. Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit $50,000 Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Of Suit provision under Section IV - Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": , 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect'your product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any insured under oath, while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page a of 7 Includes oopyrighted material of Insurance services Office, Inc. VOG 207 07 09 Copyright 2009, 111111111111111IIII!!IIIl I!!I!!IIIIIIIIIIIIIIIIIII c. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury" or "property damage". 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incui exclusively for the purpose of recalling "your product": (1) For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular "employees"; (5) Incurred by "employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) 'Product Recall Expense" does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durahi6ty or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of 'your product' which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; and (7) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of 'Your products" has been found 19. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS Under Section I - Coverages, Supplementary Payments - Coverages A and B, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish - these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. VCO 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 Copyright 2009, I!! I II I I I! I! I I I I!!I I! 1II I! I I!!I III!!1!!!t! I I Page 1 / 1 +4 CITY OF CITY RECORDER , DATE . PO NUMBER ASHLAND 20 E MAIN ST. 4/22/2013 11558 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 008497 SHIP TO: City of Ashland - Police Dept. FEENEY WIRELESS, MOBILE DATA SOLUTIONS' 1155 E MAIN STREET P O BOX 2549 ASHLAND, OR 97520 EUGENE, OR 97402 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Joe LUIZ Special Inst: Confirming? No. Quanti Unit Description Unit Price - Ext. Price' Arbitrators, On-Site Consultinq 18,140.36 Services and Extended Warranty Per Quote Q50020 SUBTOTAL 18140.36 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 18,140.36 ASHLAND, OR 97520 1, -1 Account Number Project Number Amount Account.Number P,ro1•ect Number Amount" E 410.0824.00.70420 E 201020.120 18,140.36 ~3 VENDOR COPY Aut ized Signature FORM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: tidn6n3 Required date for delivery: Vendor Name Feeneywireless Address, City, State, Zip PO Box 2549, Eugene, OR 97402 Contact Name & Telephone Number ryas Massey, - Fax Number 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 # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ® Applicable Form (95,6, 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 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost On-Site Consulting Services for Interview Room, Arbitrator360 Backend and Front End $3,900.00 Deployment and set up. 1.5hrs 2600.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost FW5747S 3 ARBTR-KIT-360NC-PANASONIC: Arbitrator kit MK2.0 with no camera 3,425.00 $10,275.00 FW3304 3 Panasonic Arbitrator MK1.5 Control Panel 650.13 $1,950.39 TT- ARBM56 5 Weatherproof mini camera w/adjustable Mount for Arbitrator 145.00 725.00 P06 FW6088 3 CFSVCARB2EX2YArbitrator 360Extended Warranty -2 years 429.99 $1,289.97 Years 4 & 5 TOTAL COST . ® Per attached quotelproposal 98;140.36' Project Number 2-ot o n - (Z~ Account Number- ~7U- aF~24. OD-] '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 requisition form, I certify that the City's public contracting requirements have been satisfied. Employee Signature: XQt / Department Head Signature: 7~c ~r~2z~ Equal to or greater than $5,000) City Administrator: (Equal to or greaterth $25 00) Funds appropriated for current fiscal year., / NO r f 310! Finance Director- (Equaltoorgrerthan$5,000) Date Comments: Form #3 - Rauisiton CITY OF FORM #5 ASHLAND SOLE-SOURCE' DETERMINATION AND WRITTEN FINDINGS. GOODS AND SERVICES Less than $100,000 To: Mark Holden, Director of Information Technology and Electric Utility From: Joe Luiz, Information Technology Date: April 16, 2013 Re: Sole Source Determination and Written Findin¢s 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: $18,140.36 Project name: Police Remodel Description of goods and services: Panasonic Arbitrator Kit, On-Site Consulting Services, Weatherproof Mini Camera, Extended Warranty- 2 years Background: The Information Technology Department is preparing to purchase for the Police Department a Panasonic Arbitrator Kit, Mini Camera, Consulting Services for set up and an extended warranty for the Interview room as part of the Police remodel. We are preparing to purchase matching and existing equipment that is compatible with the existing equipment used within the Department. It is the city's intent to purchase this equipment by May 1, 2013. The equipment we.are purchasing: Panasonic Arbitrator kit with no camera Panasonic Arbitrator MK 1.5 Control Panel for use with the Arbitrator Weatherproof Mini Camera with adjustable mount for the Arbitrator Extended warranty by 2 years On-site Consulting Services for Backend and Front End deployment and set up of VPU, SBX Box, configuration of ARB Interview Room solution and training Is the same equipment used within the Interview rooms and currently within the Police Department. . The cost is $18,140.36. Form #5 - Sole Source-Goods and Services - Less than $100,000, Page 1 of 2, 4/18/2013 Findings: [The findings below must include factual information supporting the determination/. Market Research Overall finding: The City will purchase directly from Feeneywireless, who has the ongoing installation for the first 8 Arbitrators that were purchased. They continue in on-going training as well. Panasonic has controlled pricing, so all distributors are controlled by the same pricing. [In accordance with ORS 279B.075, these are the examples o[hndings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the Qoods or services being procured. More than one finding can be addressed. The frndinks are as follows. Pursuant to ORS 279B.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 currently has in operation with the interview rooms the same equipment and need to match this equipment and support for safety and operational procedures. 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 279B.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 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. NOTE: The Police Department purchased (8) Arbitrators in June of 2012. The initial purchase was a lease to purchase approved by Dave Lohman, City Attorney. PO #11192, MEF US Holdings (Leasing Company) Feeney Wireless. Form #5 - Sole Source-Goods and Services - Less than $100,000, Page 2 of 2, 4/18/2013