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HomeMy WebLinkAbout2013-246 Contract - Rogue Shred Contract for Document Shredding CITY OF CONTRACTOR: Rogue Shred, LLC ASHLAND CONTACT: Mike Jacobson, miacobsonCc~roguedisposal.com 20 East Main Street Ashland, Oregon 97520 ADDRESS: 8001 Table Rock Road, White City, OR 97503 Telephone: 5411488-6002 PO Box 3187, Central Point, OR 97502 Fax: 541/488-5311 TELEPHONE: 541-779-4161, 541-210-6506 DATE AGREEMENT PREPARED: May 13, 2013 BEGINNING DATE: April 1, 2013 COMPLETION DATE: May 31, 2015 COMPENSATION: Pricing schedules effective April 1, 2013 and April 1, 2014 are attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to provide on-site document shredding and the shredded material will be transported by the Contractor to an appropriate recycling location. Services will be provided on an as needed basis for City departments ADDITIONAL TERMS: 9. (d) This contract may be terminated at anytime by the Contractcr upon 30 days notice in writing delivered by certified mail or in person. Contractor will secure handling, transit, and prompt obliteration of the public records given to Contractor, including full' obliteration of the contents and dates of the documents. Contractor will not transfer public records or other records given to Contractor by the City from City offices and will not sell, transfer or deliver such records to a third party, purposely or by mistake, prior to data obliteration. Data obliteration, consisting of shredding, will take place at the City offices where the public records are stored. Contractor hereby undertakes and indemnifies the City against any claims.or actions by third parties resulting from Contractor's failure to protect the confidentiality of public records. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registbred, 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 2796.220, 27913.225, 2798.230, 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 b Contractor to perform work or services attendant to this Contract for Document Shredding, Page 1 of 5 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. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. . For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: 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 Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However; upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to 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. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers Contract for Document Shredding, Page 2 of 5 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 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 fled 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. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland By / - ;71 By Signature Department HC-lad f 41 4t re ,Ne)V01_? 57,;y ~.c. LrE E Tu A1&-'54 2-C p Print Name Print Name Cc r~ f1Z 512- 1'7613 ` Title Date M w Purchase Order # p om Contract for Document Shredding, 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. (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. 57 Contractor (Date) Contract for Document Shredding, Page 4 of 5 - E*hibit -A EFFECTIVE april 1st, 2013 City of Ashland Pricing SCHEDULED WKLY OR BI- SCHEDULED MONTHLY OR WKLY BI-MONTHLY RATE RATE COMMERCIAL 40" Consoles $ 23.50 $ 25.00 35-gallon Shred Cart $ 26.35 $ 30.10 65-gallon Shred Cart $ 30.10 $ 33.90 95-gallon Shred Cart $ 36.35 $ 40.15 9 gallon box rent $ 1.20 per month 9 gallon box plastic $25.10 per pick up 65-gallon plastic $125.35 per pick up hard drive destruction $10.00 per hard drive .-ExhibK-8- EFFECTIVE opril 1st, 2014 City of Ashland Pricing SCHEDULED WKLY OR BI- SCHEDULED MONTHLY OR WKLY BI-MONTHLY RATE RATE 40" Consoles $ 24.20 $ 25.75 35-gallon Shred Cart $ 27.15 $ 31.00 65-gallon Shred Cart $ 31.00 $ 34.90 95-gallon Shred Cart $ 37.45 $ 41.35 9 gallon box rent $ 1.25 per month 9 gallon box plastic $25.85 per pick up 65-gallon plastic $129.10 per pickup hard drive destruction $10.05 per hard drive ' 263583 CERTIFICATE OF LIABILITY INSURANCE °A'9;;z;zo,z"Y I 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: PHONE FAX AC No: Wells Fargo Insurance Services USA, Inc E-MAIL ADDRESS: 975 Oak Street, Suite 900 --INSURER(S) AFFORDING COVERAGE NAIC # Eugene, OR 97401 - INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B: XL Specialty Insurance Company 37885 Rogue Waste Systems, LLC INSURER C : SAIF Corporation 36196 PO BOX 3187 INSURER D: INSURER E Central Point, OR 97502 INSURER F: COVERAGES CERTIFICATE NUMBER: 4839532 REVISION NUMBER: See below 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 rypE OF INSURANCE ADDL SUBS POLICY EFF POLICY UP LTR POLICYNUMBER MM/DD/YYYY MMIDD LIMITS A BENERALLIABILITY GE0003582701 10/1/2012 1011/2013 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 4X$1.1C00 OMERCIAL GENERAL LIABILITY DAMAGE70 RENTED CLAIMS-MADE ~ OCCUR MED EXP Arry one person $ 5,000 BI/PD Deduct PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.DC0,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2.000,000 POLICY PR0. LOC $ JFQT B AUTOMOBILE LIABILITY AE0003582401 1011/2012 10/112013 COMBINED SINGLE LIMIT Ea BINEDl X ANYAUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) E $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS.MADE AGGREGATE $ DEC) RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- C AND EMPLOYERS' LIABILITY YIN $19473 10/112012 1011/2013 ANY PROPRIETORIPARTNER/EXECUTIVE 500,000 OFFICERMEMBER EXCLUOEDt NIA EL EACH ACCIDENT 8 (Myandatory In NH)~ E.L. OISEASE-FA EMPLOYE $ 500,01X) DESCRIPascribe under TION OF OPERATIONS below E.L. DISEASE - POLICY L IMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Ashland, Oregon and its elected officials, officers and employees are listed as additional insureds but only with respects to the Services provided by Rogue Shred, LLC. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN - ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97502 AUTHORIZED REPRESENTATIVE ge The ACORD name and logo are registered marks of ACORD ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) Page 1 1 CITY OF CI'~~/ I ( 1 _RECORDER ASHLAND DATE PO NUMBER 20 E MAIN ST. 7/10/2013 11694 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 013536 SHIP To: Ashland Finance Deartment ROGUE SHRED, LLC (541) 488-5300 PO BOX 3187 20 E MAIN STREET CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept: Req. Del. Date: Contact: Cindy Hanks Special Inst: Confirming? No - Unit Price Ext. Price Quantity Unit Description. THIS IS A REVISED PURCHASE ORDER Document Shredding FY 14 and FY 15 4,000.00 SUBTOTAL 4 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 4,000.00 ASHLAND, OR 97520 Account Number Project Number Amount - • Account Number Project Number. < Amount E 710.03.08.00.60410 41010- 0.00 Authorized Signature VENDOR COPY FORM CITY OF -ASHLAND A request fol a Purcha&~ Order REQUISITION Date of request: 7 ~ Required date for delivery: Vendor Name 9 G r e Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding El 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 Lesphan $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Direct Award Date approved by Council: Contract # ❑ Verbal/Wdtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract If GOODS 8 SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #47, Personal Services $5K to $75K Contract # PERSONAL SERVICES L] 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 de, 4~f y $ `G(70 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL, COST. ❑ Per attached quotelproposal ProjectNumber- _____AccountNumberlID. 3.OiZrL -~2l~J~L1U Account Number Account Number - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No B/yl signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee Signature: Department Head Signature: (Equal to orgreaterthan $5,000) City Administrator: p (Equal to or realer than $25,000) Funds appropriated for current fiscal year. YI 1S 1 NO Finance Director- (Equal to or greaterthan $5,000) Date Comments: Form #3 - Requisition