HomeMy WebLinkAbout2013-330 Contract - Johnson Controls
Contract for GOODS AND SERVICES Less than $26,000
CITY OF CONTRACTOR: Johnson Controls
ASHLAND CONTACT: Jared Fuhriman
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 588 Parsons Drive, Suite B, Medford, OR 97501
Telephone: 541/488-6002
Fax: 5411488-5311 TELEPHONE: 541-772-1121, Service line: 866-297-7793
DATE AGREEMENT PREPARED: 08/2612013 FAX: 541-245-3475
BEGINNING DATE: 07/01/2013 COMPLETION DATE: 06/30/2014
COMPENSATION: Per fee schedule attached as Exhibit C.
GOODS AND SERVICES TO BE PROVIDED: HVAC (heating, air and ventilation) repairs and maintenance
services to be provided on an on-call or as needed basis, including situations requiring immediate attention, as
determined by a representative of the City of Ashland. The Special Procurement for HVAC repairs and
maintenance was approved b Council on 03/20/2013 and is valid until June 30, 2016.
ADDITIONAL TERMS:
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the
CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and
materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned
in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are
so registered, licensed and bonded. Contractor must also maintain a current City business license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and
expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the
contract be prematurely terminated, payments will be made for work completed and accepted to date of termination.
Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a
separate written contract is entered into by the City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
C ity.
6. Statutory Requirements: ORS 2796.220, 2796.225, 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 $19,825 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. 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 b City under an of the following
Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 6
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
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.
Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 6
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 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. 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
Y
Signature De ment 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 Goods and Services Less than $25,000, Revised 06/13/2013, Page 3 of 6
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.
7// 3
Contractor (Date)
Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 5 of 6
Johnson Controls, Inc. Serrina Anderson
588 Parsons Drive, Suite B Tel: 541-772-1121
J
Johnson 0 Medford, OR 97501 Fax: 541-245-3475
Controls Service Line: 866-297-7793 Serrina.C.Anderson0ki.com
August 19, 2013
City of Ashland
90 N Mountain Ave
Ashland, Oregon 97520
Below you will find our standard street rates for the Medford OR 424 service branch for 2013.
Mechanic $105.25 Hourly
Controls Technician $114.00 Hourly
Mileage $1.75 per mile
Disposal, Environmental and Usage Fee $40.00
Fuel Surcharges $35.00
If you have any questions please feel free to contact me
Serrina Anderson
Service Operations - Building Efficiency
Johnson Controls, Inc.
URL : http7//www.iohnsoncontrols.com
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CERTIFrATE OF LIABILIPY INSURANCE DAT09/J4/1013
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AUTHORMED REPRESENTATNE
of Marsh USA Inc.
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C 1988 2010 ACO RD CORPORATDN. Allsights reserved.
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IL 10 (12!06) OLD REPUBLIC INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED
PERSON OR ORGANIZATION - ENDORSEMENT A2
Named Insured Endorsement Number
Johnson Controls, Inc.
Policy Prefix Policy Number Policy Period Effective Date of Endorsement
Mwzv 300317 10/0112013 to 10/01/2014
Issued By
Old Republic Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
If required by contract, the person or organization listed on the certificate of Insurance as additional Insured, and each other person or organization _
required to be included as an additional insured pursuant to a contract with a named Insured.
Location (a) Of Covered Operations;
As required by contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused solely by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)
at the location of the covered operations has been completed; or
2. 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 a part of the same project
GL 289 001 1012
MLM300317 Johnson Conbols, Inc. 1000112013. 1010112010
I
IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED
OPERATIONS - ENDORSEMENT A2A
Named Insured Endorsement Number
Johnson Controls, Inc.
Policy Prefix 1 Policy Number Policy Period Effective Date of Endorsement
MwZY 300317 10/01/2013 to 1010112014
Issued By
Old Republic Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of AddtUonal Insured Person(s) Or Organization(s):
If required by contract, the person or organization fisted on the certificate of Insurance as additional insured, and each other person or
organization required to be induded as an additional insured pursuant to a contract with a named Insured.
Location And Description Of Completed Operations:
As required by contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to Include as an additional Insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury- or "property
damage" caused solely by 'your work" at the location designated and described in the Schedule of this
endorsement performed for that additional insured and included in the "products-completed operations
hazard".
GL 289 002 1012
MNRy 300317 Johnson Controls, inc. 10/01!2013-10/01(1014
Marsh USA Inc.
10900 Stonelake Blvd.
Suhe 200
x: 22 78759
Austin, TX
MARSH Fa
Fax: 212948 5167
JCI. Cerlrequesl®marsh.corn
September 2013
Subject: Johnson Controls, Inc.
Certificate of Insurance
Coverage Period - October 1, 2013 - October 1, 2014
Dear Valued Johnson Controls Customer:
Endosed is your Certificate of Liability Insurance for Johnson Controls' renewal as of October 1, 2013.
ff provided to us, the project name and your company's contract number or purchase
order number are referenced on the front of the certificate In the Description section. On
the Additional Remarks Schedule page Is Important Information about the Insurance
coverages. Also attached to the certfflcate Is the complete additional Insured
endorsement from the General Liability policy.
If you have any questions or require additional information, email or fax your inquiries to the
address and number indicated above.
IMPORTANT
You may received additional certificates of insurance in the
next few days that do not correctly reflect your terms. Those
certificates are system generated so please disregard any
duplicate certificates that do not reflect your terms as they are
shown on the enclosed certificate.
If your firm does not require the enclosed certificate of insurance, please
write "DELETE" on the face of the certificate and FAX it to (212) 948-5167
or scan and email it to JCL Certrequest@marsh.com.
MARSH NAN
NIES
LEADERSHIP, KNOWLEDGE, SOLUriONS..WORLDWIDE. COMPANIES
iES
0005272 SP 0290 -COI-P0527<-1
City of Ashland
20 East Main Street
Ashland, OR 97502
CI'T'Y OF
ASHLAND
Council Communication
Special Procurement - Request for Approval
HVAC Repairs, Maintenance & Service
Meeting Date: March 20, 2012 Primary Staff Contact: Mike Faught
Department: PW/Facilities Maintenance E-Mail: Mike.fauahtgashland.onus
Secondary Dept.: Purchasing Secondary Contact: Dale Peters
Approval: Dave Kanner Estimated Time: Consent Agenda
Statement:
Will the City Council, acting as the Local Contract Review Board, approve the request for approval of
a "Class Special Procurement" to seek an exemption from the competitive bid process to directly
award public contracts to contractors to perform repairs, maintenance and service as needed and
required to HVAC (Heating, Air & Ventilation) Systems in City owned buildings until June 30, 2016?
Staff Recommendation:
Staff recommends the "Class Special Procurement" be approved.
Background:
A Special Procurement is used for the purpose of seeking An exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts. The attached and completed Special Procurement, Approval Request Form,
is attached for your review and consideration.
Related City Policies:
Section 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed
Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following:
G. Special Procurements - a public contract for a class special procurement, a contract specific
procurement or both, based upon a contracting procedure that differs from procedures described in ORS
279B.055, 279B.060, 279B.065, 279$.070. The contracting approach may be custom designed to meet
the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable
provisions of law.
Council Options:
The Council, acting as the Local Contract Review Board, can approve (or decline) the "Class Special
Procurement".
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the "Class
Special Procurement".
Attachments: Form #9, Special Procurement - Request for Approval Form
Page 1 of 1
IL,
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Dale Peters, Facilities Maintenance
Date: March 20, 2012
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Public Works / Facilities Maintenance
2. Department Contact Name: Dale Peters
3. Type of Request: X Class Special Procurement Contract-specific Special Procurement
4. Time Period Requested: From March 21, 2012 To: June 30, 2016
5. Total Estimated Cost: Cost will be determined by the actual repairs, maintenance and service required to
be performed on HVAC (Heating, Air & Ventilation) Ustems in City buildings. Estimated cost to maintain
HVAC systems per fiscal year is $25,000.
6. Short title of the Procurement: Repairs, Maintenance and Service to HVAC Systems
Supplies and/or Services or class of Supplies and/or Services to be acquired:
Contractors to perform repairs, maintenance and service as required to HVAC (Heating, Air &
Ventilation) systems in City owned buildings. There are critical areas within some of the systems that
control the environment in sensitive areas and require immediate service if a problem develops. It is
mandatory that critical systems not fail in sensitive areas, such as the AFN Headend Control Room,
WWTP, and WTP.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Form #9 - Special Procurement - Request for Approval, Page 1 of 3,12/10/2012
Background: Contracts are awarded to HVAC contractors based on competency, expediency,
workmanship, availability and competitive pricing.
Proposed procedure: Facilities Maintenance is seeking an exemption from the competitive bid
process to DIRECTLY AWARD public contracts on an as needed basis to highly skilled and reliable
contractors to perform repairs, maintenance and service to the City's HVAC systems.
8. Justification for use of Special Procurement: Describe the circumstances thatjustify the use of a
Special Procurement. Attach relevant documentation.
Often times, trouble shooting is required to determine what repairs and maintenance are required and
the work must be completed immediately. There are also critical systems that control sensitive areas
that require immediate attention if a problem develops, and it is mandatory that the systems in these
critical areas do not fail.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
The City currently contracts with 3-4 contractors to perform these services If the City is contacted by
additional competent contractors, they too will be considered to perform these services.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
X (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
It is mandatory that critical systems not fail in sensitive areas, such as the AFN Headend Control
Room, WWTP, and WTP.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 27913.065,
or 27913.070, or any rules adopted thereunder because:
It is in the City's best interest to contract with competent and reliable service providers on an as
needed basis to maintain the Cites HVAC systems.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Foan #9 - Special Procurement - Request for Approval, Page 2 of 3,12110/2012
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us - [March 21, 2012 - If approved by Council]
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: [March 21, 2012 -If approved by Council Enter date)
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on [zl'Iarch 20, 2012 - If
approved by Council Enter date].
This "Class Special Procurement" was processed to seek an exemption from the
competitive bid process and directly award public contracts to contractors to perform
repairs, maintenance and service to the City's HYAC (Heating, Air & Ventilation) Systems
in City owned buildings. There are critical areas within the systems that require
immediate attention if a problem develops, and it is mandatory that the systems in these
critical areas do not fail. Public contracts will be awarded to HVAC contractors based
on competency, expediency, workmanship, availability and competitive pricing.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Purchasing Representative, Kari
Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will
expire at 5:00pm on [Ifposted on March 21, 2011- expiration date will be March 28,
2012].
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form #9 - Special Procurement- Request for Approval, Page 3 of 3,12110/2012
PUBLIC NOTICE
Approval of a Special Procurement - HVAC Repairs & Maintenance
First date of publication: March 21, 2012
A request for approval of a Special Procurement was presented to and approved by the City
Council, acting as the Local Contract Review Board, on March 20, 2012.
This "Class Special Procurement" was processed to seek an exemption from the competitive
bid process and directly award public contracts to contractors to perform repairs, maintenance
and service to the City's HVAC (Heating, Air & Ventilation) systems in City owned
buildings. There are critical areas within the systems that require immediate attention if a
problem develops, and it is mandatory that the systems in these critical areas do not fail.
Public contracts will be awarded to 1=IVAC contractors based on competency, expediency,
workmanship, availability and competitive pricing.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by complying
with the requirements that are applicable in ORS 279B.055, 27913.060, 27913.065, or
27913.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson,
90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at
5:OOpm on March 28, 2012.
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for. approval of a
Special Procurement.
City of Ashland, Oregon - Agendas And Minutes Page 1 of 3
City of Ashland, Oreoon / City Council
City Council - Minutes
Tuesday, March 20, 2012
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 20, 2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg requested on behalf of Housing Commission Chair Regina Ayars to add the
appointment of Evan Lasley to the Housing Commission to the agenda. Council and staff discussed the
need to advertise an item like a commission appointment to allow enough time for citizen input and did
not add the item to the agenda.
Mayor Stromberg went on to announce the City was accepting applications for the annual appointments
to Commissions and Committees. The deadline for submitting applications is.March 30, 2012.
Councilor Voisin noted that April was Sexual Assault Awareness Month (SAAM) and that Dawn Schiller,
the author of The Road Through Wonderland: Surviving John Holmes, was speaking April 5, 2012,
from 6:30-8:30 in the Southern Oregon University (SOU) Recital Hall.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of March 5, 2012, Executive Session of March 6, 2012 and Regular
Meeting of March 6, 2012 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS (None) '
CONSENT AGENDA
1. Will Council approve the minutes of the Boards, Commissions, and Committees?
2. Will Council approve a recommendation from the Public Art Commission to endorse
Southern Oregon Arts and Research (SOAR) which will occur on the SOU campus in May? .
3. Will Council, acting as the local contract review board, approve the request for approval
of a Contract Specific Special Procurement to seek an exemption from the competitive bid
process to directly award a contract to Elstor Sales for the repair and maintenance of City-
owned transformers until June 30, 2016?
4. Will Council, acting as the local contract review board, approve the request for approval
of a Class Special Procurement to seek an exemption from the competitive bid process to
directly award public contracts to contractors to perform repairs, maintenance, and service
as needed and required on City owned vehicles and equipment until June 30, 2016?
5. Will Council, acting as the local contract review board, approve the request for approval
of a Class Special Procurement to seek an exemption from the competitive bid process to
directly award public contracts to contractors to perform repairs, maintenance and service
as needed and required to HVAC (Heating, Air & Ventilation) Systems in City-owned
buildings until June 30, 2016?
6. Will Council approve the renewal of a Memo of Understanding with the Parks Commission
regarding certain services provided between the two organizations and the agreed upon
costs?
Councilor Chapman/silbiger m/s to approve the Consent Agenda. Voice Vote: All AYES.
Motion passed.
PUBLIC HEARINGS
1. Will Council, acting as the local contract review board, hold a public hearing, declare the
fire hose as surplus, and award a public contract at no cost for the fire hose to the Sixes Fire
Department in Sixes, Oregon?
http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012
City of Ashland, Oregon - Agendas And Minutes Page 2 of 3
Fire Chief John Karns explained the Ashland Fire Department acquired a complete compliment of fire
hose due to a FEMA Grant they received the year before. The surplus fire hose would help the Sixes
Fire Department who was currently struggling with their budget. Although the National Fire Protection
Association (NFPA) and federal guidelines often became policy for many fire departments, it did not
bind them.
Public Hearing Opened: 7:09 p.m.
Public Hearing Closed: 7:09 p:m. -
Councilor Lemhouse/Voisin m/s that the fire hose be declared a surplus and approve the
contract award. Voice Vote: all AYES. Motion passed.
PUBLIC FORUM
Julie Norman/596 Heiman Street/Provided an update on the Mt. Ashland Ski Expansion discussion. .
The US Forest Service recently filed a motion to lift the 2007 Injunction that had stopped the
expansion. The Plaintiffs filed a response. She attended the Mt. Ashland Association's (MAA) Board
meeting the night before and distributed Information regarding climate changes and precipitation. She
noted the MAA Treasurer report stated MAA had more debt than assets to pay them and the board
agreed to a special Study Session. She asked Council to add an agenda item to a future meeting to
discuss the City's role now, to strengthen the Memo of Understanding (MOU), and write a letter to the
US Forest Service pertaining to City Involvement if implementation went forward.
Councilor Slattery spoke as the Council Liaison to both the MAA Board and the US Forest Service,
acknowledged there were rumors to the contrary, but MAA and the US Forest Service would follow all
the legal processes. He was meeting with the US Forest Service the following week.
Chris Hardy/774 B Street/Provided background on Village Farm and its organic certification through
the USDA National Organic Program and expressed concern that Syngenta was growing genetically
modified organisms (GMO) sugar beets just outside city limits. This prompted the formation of GMO-
Free Jackson County who were currently working on an initiative for the November ballot to ban GMO
crop production in Jackson County. He explained organic farms do not use the same mode of operation
as GMO farms and requested Council to have a Study Session regarding GMO's to discuss the issue
further.
Liza Maltzberger/1257 Siskiyou Boulevard/Addressed the 1929 Memorandum of Understanding
(MOU) regarding the City's right to comment on the health of the watershed and the US Forest
Service's obligation to listen. It was important for the City to remind the US Forest Service that they
would be in contempt of court if logging occurred prior to the injunction being lifted.
Eric Navickas/711 Faith Street/Expressed concern Mt. Ashland would log preemptively. He agreed
there were many rumors but attributed it to a lack of transparency from the US Forest Service and the
Mt. Ashland Association (MAA) that they intended to exhaust full judicial process before implementing
the project. He felt that it was Imperative the City send a letter to the US Forest Service and add it to
a future Council meeting for discussion to ensure they allow full judicial process to be exhausted. Once
the judge lifted the injunction, the project could go forward. Council was in a strong position with the
US Forest Service under the 1929 agreement and by not having the lease.
Councilor Slattery agreed with Mr. Navickas' testimony and added there were three stakeholders trying
to ensure they were working within the law and currently were identifying the process and
benchmarks. Once that was established, they would make it public but it would take time.
Councilor Voisin/Slattery m/s the Council add to the agenda this evening consideration for a
Study Session on Mt. Ashland and the US Forest Service after Councilor Slattery as the
Liaison has the opportunity to discuss and deal with both entities. DISCUSSION: Councilor
Voisin agreed on transparency, thought it was good Councilor Slattery was the Liaison to MAA and the
US Forest Service and that a Study Session would help determine the City's future role. Councilor
Chapman thought it was premature to discuss the role but agreed a discussion was needed at some
point. Councilor Slattery thought in addition to a Study Session, a community dialogue needed to occur
as well. Roll Call Vote: Councilor Voisin and Slattery, YES; Councilor Silbiger, Chapman,
Lemhouse, and Morris, NO. Motion failed 2-4.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Will Council, acting as the local contracts review board, approve a construction contract
with Pilot Rock Excavation, Inc., in the amount of $344,164 to construct the Schofield and
Monte Vista Local Improvement District (LID)?
http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012
City of Ashland, Oregon - Agendas And Minutes Page 3 of 3
Engineering Services Manager Jim Olson explained the project started in 2007 and described the delays
that prevented the project from going forward until now. The project was recently re-bid and of the
two bids the City received, Pilot Rock Excavation came in with the lowest bid. Staff recommended
proceeding with the project as quickly as possible and urged Council to approve the contract.
The LID contained 20 units with three lots that had potential for extra units reflected in the cost. The
City would pay $13,613.82 because the cemetery was included in the LID and was sizable.
Stuart Cotts/100 Schofield/Expressed his appreciation to Council and City staff regarding the
project.
Councilor Voisin/Chapman m/s to approve a contract with Pilot Rock Excavation Inc., in the
amount of $344,164.00 for the improvement of Schofield & Monte Vista under Assessment
District No. 87.
Voice Vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve the First Reading of an Ordinance titled, "An Ordinance
Amending Chapter 2.10.090 Council as Final Decision Maker and Chapter 2.10.100 Budget, -
Compensation and Expenses on the Ashland Municipal Code" and move the ordinance on to
Second Reading?
Councilor Morris/Slattery m/s to approve First Reading and set the matter for a Second
Reading. Roll Call Vote: Councilor Chapman, Voisin, Slattery, Silbiger, Morris and Lemhouse,
YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting adjourned at 7:41 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
http://asliland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012
Page 1 / 1
C 1 T Y /b)F"\P RECOR,LD E0 DATE PO NUMBER
ASHLAND FJ Sl
20 E MAIN ST. 9/23/2013 11893
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 007197 SHIP To: Ashland Building Maintenance
JOHNSON CONTROLS, INC. (541) 488-5358
PO BOX 730068 90 N MOUNTAIN AVENUE
DALLAS, TX 75373-0068 ASHLAND, OR 97520
FOB Point: - Req. No.:
Terms: Net 30 davs Dept.:
Req. Del. Date: Contact: Dale Peters
Special Inst: Confirming? NO
Ouanti Unit " Description Unit Price Ext. Price
Repairs, Maintenance and Service to 20,000.00
HVAC SYSTEMS - FY 2014
Special Procurement
Approved by Council March 20, 2012
Valid until June 30, 2016
SUBTOTAL 20 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 20,000.00
ASHLAND, OR 97520
Account Number Project Number, Amount Account Number - Project Number Amount
E 410.08.24.00.60240 20,000.00
VENDOR COPY
Authori Signature 3 'I
FORM #3 CITY OF
rent, .{J~\
A (arrf _ l.',ii~ ASHLAND
REQUISITION Date of request: 8 AUG 13
Required date for delivery:
Vendor Name Jnunicnni rnniTRni c
Address, City, State, Zip PO ROX 7,10069
Contact Name & Telephone Number pAl I aS TX
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 #
❑ VerballWritten 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 ❑ 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: 20 MAR 12 (Dale)
❑ Form A, Personal Services $5K to $75K Valid until: 30 JUN 16 Date
Description of SERVICES Total Cost
M 1r}INTr=nIr4NCt= 'I`~G~Jr CE or Ndpc yy noo 2cr-t~Yr~D
~of u,r~Mr=N Y
$ 20,000.00
Item # Quantity Unit Description of MATERIALS Unit Price Total! Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number Account Number 410.08.24.00.602400
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 signing thi4seq ' 'lion form, I certify that the City's public contracting requirements have been satisfied.
4c-1TNL t t$ -4I3
Employee Signature: Department HeadSignatur ~ r Itoo reaterthan85,oo0)
Additional signatures (if applicable): Funds appropriated for current fiscal year:S / NO 1 9 2 /3
Finance Director- (Equal to or greater a ,000) Date
Comments:
corm #3 - Requisition