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HomeMy WebLinkAbout2013-152 Contract - Day Wireless Systems Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Day Wireless ASHLAND CONTACT: Calvin Emigh 20 East Main Street Ashland,' Oregon 97520 ADDRESS: 3669 Aviation Way, Medford, OR 97504 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-772-5602 DATE AGREEMENT PREPARED: May 17, 2013 FAX: 541-772-5407 BEGINNING DATE: May 20, 2013 COMPLETION DATE: June 30, 2013 COMPENSATION: Not to exceed $21,849.58 for labor and materials per attached Quotation #8811-01. GOODS AND SERVICES TO BE PROVIDED: Contractor to provide peripheral materials and labor to install two Motorola voting receivers for the Ashland Police Department per attached Quotation #8811-01. Voting receivers will be purchased directly from Motorola. 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: i. 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. Quallf led 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 property of city. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.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. b. Cis Convenience. This. contract maybe terminated at anytime 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 L 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 Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. L 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 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 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. 6. 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 Property 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 06/30/2012, Page 2 of 6 intent not to renew the insurance coverage(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 States 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. 18. 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. Non appropriations 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 A and herein incorporated by reference. Contract r: A City of Ashland By QQ By -rrr Signature Department Head Q040 , ;L~ 1~ay 7rA " 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 Goods and Services Less than $25,000, Revised 061302012, Page 3 of5 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. (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. U 5-31- 13 Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 4 of 5 DAY = 3669 Aviation Way tation 88 8811 01 Medford, OR 97504 DATE May 10, 2013 Office (541) 772.5602 Customer Account # 5837 Fax (541) 772.5407 CUSTOMER City of Ashland SHIPTO City of Ashland Ashland, OR Ashland, OR Prepared By Payment Terms Project Start Date eAePj~ eJJd9a TBD QTY PART# DESCRIPTION UNIT PRICE EXT. COST 100.00 457563 CAT 5 cable S 0.31 $ 30.67 2.00 424725 VHF antenna $ 1,046.67 $ 2,093.33 150.00 429150 1/2 inch Heliax cable $ 2.27 $ 340.00 8.00 377273 N Type Heliax ends $ 22.28 S 178.24 2.00 20573 Polyphaser $ 60.38 $ 126.75 2.00 442460 Ground bar $ 50.63 S 101.25 40.00 481111 Ground Cable #6 $ 1.41 S 56.53 50.00 463151 Gond Cable #2 $ 3.51 S 175.33 2.00 483489 RJ45.bcx $ 3.75 $ 7.49 2.00 X153A\V Rack Mount Hardware S 55.33 $ 110.67 2.00 Misc Antenna Mounting $ 240.00 $ 480.00 _ 2.00 M(sc Alizcellaneous hardware $ 134.67 S 269.33 2.00 313411 Ground Kit $ 23.76 $ 47.52 2.00 484499 Power strip $ 60.99 $ 121.97 2.00 466307 427 Equipment rack 5 170.59 $ 941.18 8.00 59520 1MR400 jumper $ 1.00 $ 8.00 4.00 431926 LAIR Connectors $ 10.83 S 43.31 _ 5 $ ?Aaterials SUBTOTAL $ 4,525.58. Labor SUBTOTAL $ 17,324.00 SHIPPING e: HANDLING , DOWNPAYMENT $ - TOTAL $ 21,849.58 DAYMANA-01 MELODYK ,aco~ro° CERTIFICATE OF LIABILITY INSURANCE DA DIYYYY) S/28122812013 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: Durham and Bates Agencies, Inc. PIANO H Er:(503) 224-5170 Ali No: (503) 221-0540 720 SW Washinggton St. Ste250 E~.1AIL Portland, OR 9720$ ADDRESS: INSURER(S) AFFORDING COVERAGE NAICN INSURER A:One Beacon America Ins. CO INSURED INSURER B: Hartford Day Management Corporation dba: Day Wireless Systems INSURER C: 4700 SE International Way INSURER D: Milwaukle, OR 97222 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. INSR INSURANCE AD q B POLICY EFF POLICY EXP LIMITS Lm TYPE OF POLICY NUMBER MMIDDMTY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE E 1,000,00 A X COMMERCIAL GENERAL LIABILITY 7110099180006 10/1/2012 10/112013 PREMISES Ea ocaererce S 1,000,000 CLAIMS-MADE rxl OCCUR MEDEI(P(Any.Person) E 10,00 X $1,000,000 Umbrella PERSONAL B ACV INJURY E 1,000,000 X Washington Stop Gap GENERAL AGGREGATE E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S 2,000,00 POLICY PRO X Loc WA Emplrs Liab E 500,000 ,7 F_1 F JFQT -1 AUTOMOBILE LIABILITY EOMBBIINAEDI SINGLE LIMIT E 1,000,00 A X ANY AUTO 7110099180006 10/112012 10/1/2013 BODILY INJURY (Per Person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) E AUTOS X HIRED AUTOS X NON-OMED PROPERTY DAMAGE AUTOS Per accidentE E UMBRELLA Lug OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS E WORKERS COMPENSATION X WC STATU OTH- AND EMPLOYERS'LIABILITY TORY IMI R B ANYPROPRIETORMARTNERIEXECUTNEY/N $2WELN9641 101112012 101112013 EL EACH ACCIDENT E 1,000.00 OFFICERNEMBER EXCLUDED? NIA (MarMatory I. NH) E. L. DISEASE - EA EMPLOYE S 1,000,00 II yeedeswiSeuneer DESCRix ION OF OPE RATIONS L,el. EL.DISEASE -POLICY LIMIT E 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Renudnr SCIIedule, K Mrs space is" Used) See attached forms VCG245 02 05 Additional Insured-Designated Person or Organization; VCG207 07 09 Vantage for General Liability Technology Companies; VCA 201 01 09 Vantage for Automobile; and CA0001 0310 Business Auto Coverage (Other Insurance). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIMD REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: DAYMANA-01 MELODYK LOC 1 ACO1?11)° ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Durham and Bates Agencies, Inc. Day Management Corporation dba: Day Wireless Systems 4700 SE International Way PWCY NUMBER Milwaukie, OR 97222 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECnvE DAIS: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Remarks: Workers Compensation Companies Hartford Insurance Co of the Midwest (NAIC 37478) - Applies to State of Nevada Hartford Accident and Indemnity (NAIC 22357) - Applies to States of CA and OR ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 711009918-00006 THIS FNDORSEMENTCHANGESTHE POLICY. PLEASEREAD ITCAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11 - WHO IS AN INSURED, 2. is amended to include as an additional insured: a The certificate holder, but only as respects its liability arising out of your activities. b. The person or organization shown in the Schedule as an additional insured but only with respect to liability arising out of your operations or premises owned by or rented to you. SCHEDULE* The City of Ashland, Oregon, and its elected officials, officers and employees 20 East Main Street Ashland, OR 97520 Insured: Day Management Corporation DBA: Day Wireless Systems * Int6nnationrequired to complelethis SdecW ifnot shown on this errdasemes, will be shown m the DeclEffmors VCG2450205 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 1 Copyright 2004 POLICY NUMBER 711009918-0006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL:GENERAL LIABILITY COVERAGE FORM The following schedule fists the coverage :extensions provided' by this endorsement. Refer to the individual provisions to.deterfnine.the extent of your coverage'. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors 8. Coverage Territory - Worldwide 2. Additional Insured - by:Contract, Agreement or 9. Duties in Event of Occurrence, Claim or Suit Permit relating to: 16. Expected or Intended Injury (PD) o Work performed by you 11. IncideotaLMedical 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. Newry 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 ll Who Is An Insured is amended to,include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whomyou 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 distributedo_r sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply for. (1) "Bodily injury" or "property damage" for which the' vendor s; obligated to pay damages by reason of the assumption of, liability in a. contract or agreement.. This exclusion does not,apply to liability fondamages that the vendor would have in the absence 6[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 iristructions 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 saleof 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,. partbr 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 acfirig.on its behalf. However, this, exclusion does not aIpply.to; (a) The exceptions contained in Subparagraphs 4. or6.; or VCG 2970709; Indudes copyrighted material. oflnsurance!Services;Offiice, inc. Page.1 of 7' Copyright 20M, . ;iiil!i~lil!!III!!I!Ir (b) Such inspections, ;adjustments, tests or servicing as the, vendor has agreed. to, make or normally undertakes to rnake 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 It - 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'yolri Work" for the additional'insured(s) at the location designated, in the contract, agreement or permit; or 2. In the maintenance; operatiomor 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.m.eftect 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 ssued,Ibyus 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 fairing 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 otheainterests from whom land has been leased; or (c) Managers or lessors of premises. it. (1)% The "occurrence' takes place after you cease to be atenantin that premises; or (2) The "bodily injury", "property damage'`, "personal and advertising injury` arises out of structural afterations, new construction or demolition operations performed by or on behalf of the manager or lessor.. 6. To "bodilyinjuryor "property damage" occuning 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 portfon;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 fora principal as part of the same project. Page 2 of 7 Includes copyrighted material of Insurance Services.Offim,.Inc. VCG 20707 09- Copyright 2009,.1 jiQptp{Ipt;tilprnl!!I!!!I ILrl glnpllpl 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, aril included in ''your work of the, "products-completed operations hazard This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodilyinjury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED -M ENTAIL 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 tirne. 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 I80th 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.exhaustionof 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 followsi t. 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; (bj 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, ffor "'property damage" to "Customers:. Goods" is $35;000 per "occurrence"., VCG 207 0709 Indudes copyrighted material of Insurance services Offlce, Inc. Page 3 of 7 Copyright 2009. Ile,Irrplillpllpin!glnl!Ip1I i!Iptpll!Ipl POLICY NUMBER: 711009918-0006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 12. Employee Hired Autos 2. Airbag Discharge 13. Fellow Employee Exclusion 3. Auto Theft Reward 14. Glass Repair - Waiver of Deductible 4. Blanket Waiver of Subrogation 15. Hired Auto Physical Damage Coverage 5. Bodily Injury Redefined - Mental Anguish 16. Lease Gap Coverage 6. Broad Form Named Insured 17. Liability Coverage - Supplementary Payments 7. Communications Equipment 18. Newly Formed or Acquired Organizations 8. Diminution in Value 19. Physical Damage - Transportation Expenses 9. Drive Other Car- Executive Officers 20. Rental Reimbursement- Private Passenger 10. Duties In The Event of Accident, Claim, Suit or Loss Vehicles 11. Employees As Insureds 21. Towing - An Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION 0 - LIABILITY COVERAGE is amended to include as an additional insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liability for "bodily injury" or "properly damage" caused, in whale or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contractor agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies it the airbag is not covered under a manufacturers warranty and you did not intentionally cause the airbag to discharge. 3, AUTO THEFT REWARD We will pay up to 'a S2,D00 reward in the event of a covered loss, for information leading to the arrest and con- viction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duly. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by 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 the operation of a covered 'auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED -MENTAL ANGUISH The definition of "bodily injury" under SECTION V - DEFINITIONS 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. VCA 201 01 09 Includes cwyniyn material of fi w rarm Services Office. Im. Page 1 of 5 copyrgnt tow, P LICY NUMBER: 711009918-0006 b. Return the stolen property, at our expense. S. Other Insurance We.will pay. for any damage that results to a. For any covered'auto"'you own, this cov- the `auto' from the theft; or erage form provides primary insurance. c. Take all or any part of the damaged or For any covered "auto" you don't own, the stolen property at an agreed or appraised insurance provided by this coverage form value. is excess over any other collectible insur- It we pay for the "loss", our payment will ance. However, while a covered "auto" include the applicable sales tax for the which isa'trailer" is connected to another damaged,or stolen property. vehicle; the Liability Coverage this cov 5. Transfer Of Rights Of fiecovery Against erage form provides for,the'trailer" is: Others To Us (1) Excess while. it is connected to a If any person or organization to' or for whom motor vehicle you do not own. we make payment under this :coverage form (2) Primary while it is connected to a cov- has rights to recover damages from another, ered "auto" you own.. those rights are transferred to us. That person b. For Hired Auto Physical Damage. Cover- or organization must do everything necessary age, any 'covered "auto" you lease, hire, to secure our rights and must do nothing after rent or borrow is deemed to be a covered "accident" or "loss" to impair them. "auto" you own. However, any "auto" that B. General Conditions is leased; hired, rented or borrowed with a driver is not a covered "auto". 1. Bankruptcy c. Regardless of the provisions of Bankruptcy or insolvency of the "insured" or Paragraph a. above, this coverage form's the "insured's"estate will not relieve "us of any Liability Coverage is primary for. any liability obligations under this coverage form. , assumed under an "insured contract". 2. Concealment, Misrepresentation Or Fraud d. When this coverage form.and any other This coverage form is void in any case of fraud coverage form or policy covers on the by you at any time as,ft relates to this coverage same basis, either excess or primary, we form. It, is also void if you or any other will pay. only our share. Our share is the "insured", at any time,,intentionally conceal or proportion -that the Limit of Insurance of misrepresent a material fact.concerning our coverage form bears to the total of a. This coverage form; the limits of all the coverage forms and policies covering on the same basis. b. The covered "auto"; 6. Premium Audit c. Your interest in tfie covered "auto"; or a. The estimated premium for this coverage d. A claim under this coverage form. form is based on the exposures you told 3: Liberalization us you would have when this policy If we revise this coverage form to provide began. We will compute the final premium more coverage without additional premium due when we determine your actual charge, your policy will automatically' provide exposures. The estimated total premium the additional coverage as of the day the will becredited against the final premium revision is effective: in your state. due and the first Named insured will be billed for the balance, if any. The due 4. No Benefit To Bailee Physical Damage, date for the final premium or retrospective Coverages. premium is the date shown as the due We will not recognize any assignment or date on the bill. If the estimated total grant any coverage for the benefit of any premium exceeds the. final premium due, person or organization holding, storing or the,first Named Insured will get a refund, transporting property for a fee regardless of b. If this policy is issued for more than one any other provision'of.this.'coverage form. year, the premium for this, coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 0103:10 ®Insuranm Services Orrice, lm,2009 Page 9 of 12 Page 1 / 1 (ATY ~tC 3 DATE PO NUMBER ASHLAND CITY OF 20 E MAIN ST. 5/1612013 11592 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000579 SHIP TO: City of Ashland - Police Dept. DAY WIRELESS SYSTEMS 1155 E MAIN STREET P O BOX 22169 ASHLAND, OR 97520 MEDFORD OFFICE MILWAUKIE, OR 97269 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Gail Rosenberq Special Inst: Confirming? NO ' Quantity Unit': - - Description Unit Price Ext. Price Motorola Votinq Receivers 21,849.58 Quotation #8811-01 Parts and labor to install two votinq receivers beinq purchased directly from Motorola. Contract for Goods & Services Beginninq date: May 20, 2013 Completion date: June 30, 2013 SUBTOTAL 21 849.58 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 21,849.58 ASHLAND OR 97520 Account Number Project Number Amount Account Number Project Number • Amount,.. E 410.08.24.00.70420 E 201020.999 21,849.58 li r~LS VENDOR COPY ' Authorized Signature FORNd#3_ CITY OF ASHLAND REQUISITION Date of request: os713/1s Required date for delivery: Vendor Name Day tit PIPCC .Address, City, State, Zip Contact Name & Telephone Number Calvin Emigh 541.772.5602 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 If ❑ VerbaVWritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6,7 or 8) ❑ Other government agency contract $5,000 to $100,000 P-'Written quote or proposal_allached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract If 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: El (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Labor and Installation of equipment for voting receivers to improve radio coverage in the city for V'00.011 police response. Item # Quantity Unit Description of MATERIALS. Unit Price Total Cost •'TO.TAL COST':` . ❑ Per attached quote/proposal $27;850 00 Project Number 201020.999 • 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: IT Director Date Support-Yes / No By si ing t isition ff an, I certify that the City's public contracting requirements have been satisfied. Employee Signatu~ ~ ( /I 'tU Department Head Signature: 7(equal to or greater than $5,000) City Administrator: n (Equal to or greater than.$25,000) Funds approprialad for current fiscal year: YES / NO ?fi C. FinancQ irector-(Equal to orgreaterthan $5,000) Date Comments: V Form #3 - Requisition