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HomeMy WebLinkAbout2013-340 Contract - Pro Safe Fire Training Systems Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Pro-Safe Fire Training Systems ASHLAND CONTACT: Gordon Seehaver, Project Coordinator 20 East Main Street Ashland, Oregon 97520 ADDRESS: 940 Winston Churchill Blvd, Oakville, ON, Telephone: 541/488-6002 Canada L6J 7X5 Fax: 541/488-5311 TELEPHONE: 905-337-8137 DATE AGREEMENT PREPARED: October 2, 2013 FAX: 905-842-0011 BEGINNING DATE: October 3, 2013 COMPLETION DATE: December 31, 2013 COMPENSATION: $5,250.00 per proposal attached as Exhibit C. Not to exceed $7,500.00 GOODS AND SERVICES TO BE PROVIDED: Inspection, diagnostics, maintenance, and repair of live fire burn trailer per proposal attached as Exhibit C. 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 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 $19,825 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 by City under any of the following conditions: Contract for Goods and Services Less than $25,000. Revised 06/13/2013, Page 1 of 5 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. 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 06/13/2013, Page 2 of 5 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 By By ifT9-ri... e,_4 Signature Departent Head 00a_tsov.J ;Ioq/,) '~A&y5 tt~~ Print Name Print Name Nly_ f"aan-_LT Mwav~6EndEnIT- /6-15- (3 Title Date J One copy of a w-9 is to be submitted with the signed contract. Purchase Order No. T W-46E'N 0 Contract for Goods and Services Less than $25,000, Revised 06/13/2013, 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. 1' (4) Labor or services are performed only pursuant to written contracts. I~ (5) Labor or services are performed for two or more different persons within a period of one / year. r/ (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 (ability insurance relating to the labor or services to be provided. ~~o-soF~ ~,2~5 rQAlv~~yG sy.~TGS~'Is ~~l c. ~ o -oy_~ 3 Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 C' Pro-safe Fire 7Yaining Systems Inc. Qe° sq 940 Winston Churchill Blvd. Oakville, ONI, Canada LGJ 7X5 ,..r Phone 905-337-8137 Fax 905-B42-0011 www. prosaflefire. com September 11, 2013 Ashland Fire & Rescue 455 Siskiyou Blvd. Ashland, OR 97520 541.482.2770 Hollingsna ashland.or.us Attention: Scott Hollingsworth Re: Preventative Maintenance & Service Inspection We are pleased to quote you a service & maintenance inspection for the maintenance of your Mobile Live Fire Training Unit as well as 1 day of operator training. The maintenance visit will include the following: - 1 technician onsite for 1 day(8hrs) to do complete operational checks and minor maintenance as required. Our technician will also review proper calibration procedure with your operators as requested. Inspection & Maintenance visit as described.... $ 5,250.00 US Funds We have allowed for up to approximately $100.00 worth of replacement parts, which we will bring with us for the trip. These are consumable items we have found to require replacement at the age of your MTU. Any additional parts required will be billed on an extra as needed basis. During this Maintenance visit, we will do a thorough assessment of your unit and provide an accurate quote for upgrades as requested. IE: Propane detection system, inline fan positive pressure system etc. Optional (1) day on site operator training for up to 8 persons $ 1,200.00 US Funds Notes: Additional time required orals will be approved by the customer and will be added at time & material cost of $95.00/hr for labor & cost + 15% admin for matedals. Calibrate propane sensors (Customer must provide valid cal gas, calibration Interface, ensure sensors are operational, etc...) All service will be done by manufacturer certified personnel in accordance with corporate procedures. Any additional materials, consumables or unforeseen requirements added to this scope are extra. Quotation valid for 30 days due to fluctuating material and logistical prices. Subject to applicable lazes. Terms Net 30 Days on approved accounts Prices and Specifications subject to change without notice, E. & O.E. Regards, I Gordon Seehaver Project Coordinator Pro Safe Fire Training Systems Inc. 905-337-8137 Fax 905-842-0011 goseehaver@prosafefire.com TRAINING TODAY'S HEROES. CERTIFICATE OF INSURANCE NAMED INSURED This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend PRO-SAFE FIRE TRAINING SYSTEMS INC. AND or alter the coverage afforded b the policies below. PRO-SAFE FIRE RESPONSE SERVICES INC. INSURANCE COMPANIES AFFORDING COVERAGE 940 WINSTON CHURCHILL BLVD COMPANY OAKVILLE, ONTARIO A ROYAL & SUN ALLIANCE INSURANCE COMPANY L6J 7X5 CERTIFICATE HOLDER COMPANY B CITY OF ASHLAND COMPANY 20 EAST MAIN STREET C ASHLAND, OREGON COMPANY 97520 D COVERAGES This is to cer ify 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 ARE IN U.S. DOLLARS UNLESS INDICATED OTHERWISE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE CO POLICY NUMBER POLICY POLICY LIMITS OF LIABILITY LTR EFFECTIVE DATE EXPIRATION DATE VVVV/MM/DD YYYY/MM/DD COMMERCIAL GENERAL LIABILITY $ 2,000,000 EACHOCCURRENCE ❑ CLAIMS ® OCCURRENCE A 7130652 2013/03/31 2014/03/31 $ 10,000,000 GENERAL AGGREGATE ® MADE PRODUCTS AND COMPLETED OPERATIONS $ 2,000,000 PRODUCTS - TED ® OPERATIONS AGGREGATE EMPLOYERS LIABILITY - CANADIAN $ PERSONAL INJURY EMPLOYEES ONLY ® CROSS LIABILITY $ ADVERTISING LIABILITY ® TENANTS LEGAL LIABILITY $ 2,000,000 TENANTS LEGAL LIABILITY ❑ OTHER (specify) ADDITIONAL INSURED: CITY OFASHLAND, but only with respect to liability arising out of the operations of the Named Insured NON-OWNED AUTOMOBILE A 7130652 2013/03/31 2014/03/31 $ 2,000,000 EACH OCCURRENCE LIABILITY AUTOMOBILE LIABILITY $ ALL OWNED & LONG TERM LEASED BODILY INJURY 8 AUTOMOBILES NOT APPLICABLE PROPERTY DAMAGE COMBINED ❑ SCHEDULED ❑ BLANKET $ PHYSICAL DAMAGE DEDUCTIBLE EXCESS LIABILITY $ EACH OCCURRENCE ❑ UMBRELLA ❑ OTHER NOT APPLICABLE $ AGGREGATE OTHER LIABILITY (specify) NOT APPLICABLE $ PROPERTY BROAD FORM DEDUCTIBLE ❑ REPLACEMEW ❑ ACTUAL NOT APPLICABLE COST CASH VALUE DESCRIPTION OF OPERATIONS / LOCATIONS / SPECIAL PROVISIONS: BROKER CANCELLATION The CG&B Group Inc. Should any of the above described policies be cancelled before the expiration date 120 South Town Centre Blvd. thereof, the issuing company will endeavour to mail 30 days written notice to the Markham, ON L6G 1 C3 certificate holder named above. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINT NAME DATE (YYYY/MM/DD) (R4~ VERA PEDIAS 2013/10/03 LT 10/3/139:11 AM Pro-Safe Fire Training Systems Inc. P°-Bye 940 Winston Churchill Blvd. ~•y Oakville, ON, Canada L6J 7X5 Phone 905-337-8137 Fax 905-842-0011 www.prosafefire.com October 3, 2013 City of Ashland 20 East Main Street Ashland, Oregon 97520 Re: Workman's Compensation coverage Dear Sir, Please accept this letter as confirmation that Pro-Safe Fire Training Systems Inc. maintains full coverage for workers compensation. In Ontario, workman's compensation is mandatory and is provided by a government entity; The Workplace Safety & Insurance Board (WSIB) WSIB is legislated by the Ontario government and is responsible for administering the Workplace Safety and Insurance Act (WSIA). WSIB is funded by the employers of Ontario. Employers pay premiums for no-fault collective liability workplace insurance. Under this system, workers give up the right to sue as a result of their work-related injuries, in return for guaranteed compensation and benefits for accepted claims. In turn, employers are protected from lawsuits. WSIB is governed by a Board of Directors made up of representatives of workers, employers and others. Pro-Safe provided a WSIB Clearance Certificate to confirm our required coverage's are in place. A clearance confirms a contractor or subcontractor is registered with the Workplace Safety and Insurance Board (WSIB) and has their account(s) in good standing. For an account to be in good standing, the contractor: • has an open account with the WSIB • has provided all required registration information and documents • is classified in the appropriate classification unit(s) • has reported to the WSIB all required premium amounts • has filed all required premium remittance and reconciliation forms • has paid all premiums and other amounts owing A clearance relieves a principal that retains a contractor of the liability for the contractor's WSIB insurance premiums owing in connection with the work or service being performed. I trust this explanation meets with your approval. For any further information, please consult www.wsib.on.ca. Best Regards, Gordon Seehaver Project Coordinator Pro Safe Fire Training Systems Inc. 905-337-8137 Fax 905-842-0011 goseehaver@prosafefire.com TRAINING TODAY'S HEROES. eClearance Page 1 of 1 wsib Cspaat eClearance Clearance Certificate Clearance Certificate Generation Result Contractor Contractor Contractor Clearance Validity Principal Principal Legal / Address Classification Certificate period (dd- Legal / Address Trade Unit and Number mmm-yyyy) Trade Name Description Name PRO-SAFE 940 3099-001: E2000003GRH9 03-Oct-2013- City of 20 East FIRE WINSTON OTHER METAL 19-Nov-2013 Ashland Main TRAINING CHURCHILL FABRICATING Street, SYSTEMS BLVD, OPS Ashland, INC. OAKVILLE, Oregon, ON, 1_63 7X5, 97520 CAN https:Heservices.wsib.on.ca/portal/server.pt/community/eservices/eclearance/ 10/3/2013 GII I RGCVRLER Page 1 / 1 CITY OF, ASHLAND DATE PO NUMBER 20 E MAIN ST. 10/14/2013 11933 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 011850 SHIP TO: Ashland Fire Department PRO SAFE FIRE TRAINING SYSTEMS (541) 482-2770 940 WINSTON CHURCHILL BLVD 455 SISKIYOU BLVD oFtv~~ct ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Hollingsworth Special Inst: Confirming? No Quantity Unit Description Unit Price. Ext. Price Inspection, diagnostics, maintenance 7,500.00 and repair of fire burn trailer per attached contract. Contract for Goods and Services Beqinninq date: October 3, 2013 Completion date: December 31, 2013 SUBTOTAL 7 500.00 31LL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 7,500.00 ASHLAND, OR 97520 Account Number' Project Number Amount Account Number -Project Number Amount E 110.07.12.00.60410 7 500.00 Autho ed Signature VENDORCOPY Ft CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 9-24-13 Required date for delivery: 10-7-13 Vendor Name Prn-s r F' Tra'n'ng $yefeme Address, City, State, Zip 940 Winston Churchill Blvd Contact Name & Telephone Number Oakville, ON, Canada L6J 7XS Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form 913, 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 # ❑ VerbalMdtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement Sole Source Contract# GOODS & SERVICES Applicable Form (#5,6, 7 or 6) ❑ Other government agency contract $5,000 to $100,000 Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form 94, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 E] Form #9, Request for Approval El Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/wrilten solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date) I Description of SERVICES Total Cost Ins ection, diagnostics, maintenance, and repair of live fire burn trailer. $5,2501 not to exceed $7,500 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑,Per attached quotelproposal Contract to begin after Oct. 1, 2013 and end by Dec. )31,,v(I 2013 $ Project Number AccountNumber~((U ~~1- 12- 00. t0(T 1 00 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisition form, certify that 'ty's public contracting requirements have been satisfied. ((((n~~~~ / Employee: epartment Head: rC e'_ (Equal to or greater than $5,000) Department Manager/Supervisor: ~ City Administrator: U (Equal to or greater lha 25,000) Funds appropriated for current fiscal year., YE / NO 1 A3 Finance Director- (Equal to orgreate an $5,000) Date r Comments: Form #3 - Requisition FORM#5 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: John Karns From: Scott Hollingsworth Date: 9-24-13 Re: Sole Source Determination and Written Findines for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. .Estimated total value of contract: S 5,200 not to exceed $7,500 Project name: Burn trailer service Description of goods and services: The manufacture of the live fire training trailer will perform diagnostic testing and routine maintenance to restore the trailer to a workable condition. Background: The live fire burn trailer is currently out of service with error codes occurring in the atmospheric sampling portion of the safety controls for the trailer. A routine service of the trailer will also be done during the same visit Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 9/25/2013 Findings: /The findings below must include factual information supporting the determination]. Market Research Overall finding: The live fire burn trailer has been unusable for the last year and a half because of an error code occurring in the air samplingportion on the safety equipment. After trying to find the source of the problem, utilizing city personnel, we were unable to resolve the issue. We will be hiring the manufacturer to check the safety equipment and programming of the safety system on the trailer. The programming and custom installation of the safety systems on this trailer make it impossible to contract with another vender. [In accordance with ORS 279B. 075. these are the examples of findings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being, procured. More than one finding can be addressed. The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. The programming and custom installation of the safety systems on this trailer make it impossible to contract with another vender. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. no Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. na Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. The State of Oregon has a trailer identical to Ashland's and uses Pro-Safe as the sole source to service any issue that involves programming or safety equipment issues. I o....., ua e,.i., e,.. c.,,..i..,.,a c....:,...,. i t~.,., cinn nnn o~.... 7 of 7 (]IOFNM 7