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2013-372 Contract - Development Group
Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: DEVELOPMENT GROUP, INC. -ASHLAND CONTACT: JASON EATMON 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 991484, Redding, CA 96099-1484 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 530 229-0071 DATE AGREEMENT PREPARED: FAX: 530 248-3415 BEGINNING DATE: 11/06/13 COMPLETION DATE: 11/11/13 COMPENSATION: $2,000.00 as per attached quote #5686 SERVICES TO BE PROVIDED: DGI to provide services to facilitate IDF design for legacy IDF location at all City IDF locations. Included are: rack layout, cable management, electrical and UPS design, structured cabling termination remediation & certification, cooling, physical access and fiber optic termination considerations, wiring closet investigation, mapping, and planning, IDF walkthroughs, wiring closet diagramming/Documenting and developing scop of work statement for cabling/electrical/racking requirements. ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,825 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated b Consultant to perform work or services Contract for Personal Services, Revised 06/30/2013, Page 1 of 5 attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: 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 Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Contract for Personal Services, Revised 06/30/2013, Page 2 of 5 d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. onsu ant: City of As land By By Si n ture A Dep/a a W, `ad IJK.r/lrtr~ ~14~ItiG /YdC~/I Print Name Pri t Name ~l2cc.oiL .MIf~S Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ( ~J Contract for Personal Services, Revised 06/30/2013, 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: yri (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. V (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. Con actor (Date) Contract for Personal Services, Revised 06/30/2013, Page 4 of 5 DEVELOP1 evrCROUP" Quote #5686 BUILD A BETTER NETWORK Company: Requested By: Proposal Description: Development Group, Inc. City of Ashland Physical Plant Assessment PO Box 991484 Redding, CA 96099-1484 Phone: (530) 229-0071 Fax: (530) 248-3415 Bill To: Ship To: CITY OF ASHLAND CITY OF ASHLAND 90 N MOUNTAIN AVE 90 N MOUNTAIN AVE Sold To: ATTN:A000UNTS PAYABLE ATTN:A000UNTS PAYABLE ASHLAND, OR 97520-2014 ASHLAND, OR 97520-2014 Created: 11/4/2013 Account Manager: jeatmon Payment Terms: Expires: 12/4/2013 Version: 1 Systems Engineer: Net 30 Project: Line No Qty Product SMARTnet Unit Price Ext'd Price Tax No Data Subtotal $0.00 Sales Tax Tax Exempt SMARTnet $0.00 Labor $2,000.00 Shipping & Handling $0.00 Total $2,000.00 Notes This proposal serves as 'not to exceed' estimation. DGI will provide services to facilitate IDF design for legacy IDF locations at all City IDF loations. This includes rack layout, cable management, electrical and UPS design, structured cabling termination remediation & certification, cooling, physical access, and fiber optic termination considerations. DGI will produce a detailed document highlighting scope of work requirements for low voltage and electrical contractors. DGI assumes that all spaces will be accessible during defined walk-through periods. • Wiring Closet Investigation, Mapping, and Planning • IDF Walkthroughs • Wiring Closet Diagramming/Documenting • Develop scope of work statement for cabling/electrical/racking requirements DEVEGRO-01 MARIAC CERTIFICATE OF LIABILITY INSURANCE 1 X1/5/2D"Y"' 11/5/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cook Insurance Services PHONE FAX 276 Dolores Ave Arc N0 E,(510) 352-2731 146 Nc No: (510) 352-8272 San Leandro, CA 94577 E- AIL ADDRESS: INSURERLS) AFFORDING COVERAGE NAIC0 INSURER A: Massachusetts Bay Ins. CO. INSURED INSURER 8:Allmerlca Financial Benefit Development Group, Inc. INSURERC: United States Liability Insurance Group P.O. Box 991484 INSURER D: Redding, CA 96099.1484 INSURER E : INSU0.ER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. I CYEFF TYPE OF INSURANCE POLICY NUMBER MMMDNYWMMIDOIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,08 A X COMMERCIAL GENERAL LIABILITY X 0OF9891681 3/27/2013 3/2712014 PREMISES Ea occunence $ 1,000,00 CLAIMS-MADE F-XIOCCUR MED EXP(Any one person) $ 10,00 PERSONAL S ADV INJURY $ 1,000300 GENERAL AGGREGATE $ 2,000300 GENT AGGREGATE UMIT APPLIES PER PRODUCTS - COMPIOP AGG S 1,000300 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 B X ANY AUTO WFA137163 10I26I2013 1012612014 Ea amtlent $ BODILY INJURY (Per Person) $ ALL OWTIED SCHEDULED BODILY INJURY (Per amtlent) $ AUTOS AUTOS X HIRED AUTOS X NON-0WNED PROPERTY DAMAGE $ AUTOS Peramdenl E UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION X TWCSTAMU- OTR- AND EMPLOYERS MMUrTY B ANY PROPRIETORIPARTNERIEXECUTIVEY NIA 2F-9891683-00 3127/2013 3/27/2014 E.L. EACH ACCIDENT $ 1,000,D0 OFFICERNEME EXCLUOEDi (Mendate,y I. Np E.L. DISEASE - EA EMPLOYE $ 1,000,00 11 yas, desaibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT E 1,000,08 C Tech Prof Liability K1005543C 51412013 5/4/2014 Each Claim 3,000,00 C K1006643C 514/2013 5/412014 Aggregate 3,000,00 DESCRIPTION OF OPERATNx1S I LOCATIONS I VEHICLES (Attach ACORD 101, AddM.I Renurks Schedub, H,non spau If ,et ulrtd) The City of Ashland, Oregon, and its elected officials, officers and employees are named Additional Insureds for General Liability per 391.1006(0609) as respects work performed by the named insured. Insurance is primary and non-contributory per 391-1331(0609). Coverages shall not be cancelled except after thirty (30) days prior notice has been provided unless cancelled for non-payment of premium, then ten (10) days notice shall be given. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORRED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Hanover Insurance mup- ODF9891681 5701148 BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit 1 2. Additional Insured - Broad Form Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5. Broad Form Property Damage - Borrowed Equipment, Customers 2 Goods and Use of Elevators 6. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury - Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9. Unintentional Failure to Disclose Hazards 5 10. Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or This insurance applies on a primary basis if Permit that is required by the written contract, Under SECTION II - LIABILITY, C. Who Is An agreement or permit. Insured, Paragraph 4. is added as follows: b. This provision does not apply: a. Any person or organization for whom you (1) Unless the written contract of written are performing operations when you and agreement has been executed or permit such person or organization have agreed in has been issued prior to the "bodily writing in a contract, agreement or permit injury", "property damage" or 'personal that such person or organization be added and advertising injury°; as an additional insured on your policy. Such (2) To any person or organization included person or organization is an additional as an insured by an endorsement Insured only with respect to liability for issued by us and made part of this "bodily injury", "property damage" or Policy; "personal and advertising injury" caused, in whole or in part, by: (3) To any person or organization included as an insured under Item 1.a.2. of this (1) Your acts or omissions; or endorsement; (2) The acts or omissions of those acting (4) To any lessor of equipment: on your behalf, (a) After the equipment lease expires; but only with respect to: or (3) "Your work" for the additional insured(s) (b) If the "bodily injury", "property at. the location designated in the damage" or "personal and contract, agreement or permit; or advertising injury" arises out of the (4) Premises you own, rent, lease, control or sole negligence of the lessor; occupy. 391.1006 0609 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 (5) To any: demonstration, testing, or the (a) Owners or other interests from substitution of parts under instruction whom land has. been leased which from the manufacturer, and then takes place after the lease for that repackaged in the original container; land expires; or e. Any failure to make such inspection, (b) Managers or lessors of premises if: adjustments, tests or servicing as the vendor has agreed,to make or normally (I) The occurrence takes place after undertakes to make in the usual course you cease to be a tenant in that of business in connection with the premises; or distribution or sale of the product; (II) The "bodily injury", "property f. Demonstration, installation, servicing or damage" or "personal and repair operations, except such advertising injury" arises out of operations performed at the vendor's structural alterations, new premises in connection with the sale of construction or demolition the product; operations performed by or on behalf of the manager or lessor; g• Products which, after distribution or sale or by you, have been labeled or relabeled or used as a container, part or .(6) To "bodily injury', "property damage" or ingredient of any thing or substance by "personal and advertising injury" arising or for the vendor; or out of the rendering of or the failure to render any professional services. h. "Bodily injury" or "property damage" ' arising out of the sole negligence of the c. Additional insured coverage provided by vendor for its own acts or omissions or this provision will not be broader than those of its employees or anyone else coverage provided to any other insured. acting on its behalf. However,. this d. All other insuring agreements, exclusions, exclusion does not apply to: and conditions of the policy apply. (1) The exceptions contained in 2. Additional Insured - Broad Form Vendors paragraphs 5.d. or 5.f.; or Under SECTION II - LIABILITY, C. Who Is An (2) Such inspections, adjustments, test Insured; paragraph 5. is added as follows: or servicing as the vendor has 5. Any person or organization with whom you agreed to make or normally agreed, because of a written contract or undertakes to make in the usual written agreement to provide insurance, but course of business, in connection only with respect to "bodily injury" or with the distribution or sale of the "property damage" arising out of "your products. products" which are distributed or sold in This insurance does not apply to any the regular course of the vendor's business, insured person or organization, from whom The insurance afforded the vendor does not you have acquired such products, or any apply to: ingredient, part or container, entering into, a. "Bodily injury" or "property damage" for accompanying or containing such products. which the vendor is obligated to pay 3. Alienated Premises damages by reason of the assumption of Under SECTION II - LIABILITY, B. Exclusions, liability in a contract or agreement. This paragraph 1.k,(2) is replaced in its entirety with exclusion does not apply to liability for the following: damages that the vendor would have in (2) Premises you sell,. give away or abandon, if ,the absence of the contract or the "property damage" arises out of any part agreement; of those premises and occurred from b. Any express warranty unauthorized by hazards that were known by you, or should you; have reasonably been known by you, at the c. Any physical or chemical change in the time the property was transferred or product made intentionally by the abandoned. vendor; 4. Bodily Injury Redefined d. Repackaging, unless unpacked solely Under SECTION II - LIABILITY, F. Liability. and for the purpose of inspection, Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 Hanover Insurance Group- ODF9891681 5701148 4. "Bodily injury" means bodily injury, (a) The Insured; or disability, sickness or disease sustained by (b) Any officer of the corporation, a person, including death resulting from any director, stockholder, partner or of these at.any time. 'Bodily Injury" includes member of the insured; and mental anguish or other mental iniurv resulting from "bodily injury". (2) Not directly or indirectly related to an Form Pro Damage Borrowed "employee", nor to the employment, 5. Broad PaRY prospective employment or termination of Equipment, Customers Goods; Use of Elevators any person or parsons by an insured. a. Under SECTION II - LIABILITY, B. 8. Product Recall Expense Exclusions, paragraph 1.k., the following is added: a. Under SECTION II - LIABILITY, B. does not apply Excluskats, Paragraph 1. o. is replaced in its Paragraph (4) to "property entirety by the following: damage" to borrowed equipment while at a jobsite and not being used to perform o. Recall of Products, Work or Impaired operations. Property Paragraph (3), (4) and (6) do not apply to Damages claimed for any loss, cost or "property damage' to "customers goods" expense incurred by you or others for while on your premises nor to the use of the loss of use, withdrawal, recall, elevators. inspection, repair, replacement, b. Under SECTION Ii - LIABILITY, F. Liability adjustment, removal or disposal of. and Medical Expenses Definitions, the (1) "Your product"; following additional definition is added: (2) "Your work"; or "Customers goods" means property of your (3) "Impaired property"; customer on your premises for the purpose if such product, work or property is of being: withdrawn or recalled from the market a. Worked on; or or from use by any person or b. Used in your manufacturing process. organization because of a known or c. The insurance afforded under this provision suspected defect, deficiency, inadequacy or dangerous condition in it, but this is excess over any other valid and exclusion does not apply to "product collectible property insurance (including recall expenses" that you incur for the deductible) available to the insured whether "covered recall" of "your product". The primary, excess, contingent or on any other exception to the exclusion does not basis. apply to "product recall expenses" 6. Incidental Malpractice - Employed Nurses, resulting from: EMT"s and Paramedics (1) Failure of any products to Under SECTION 11 - LIABILITY, C. Who Is An accomplish their intended purpose; Insured, paragraph 2.a.(1)(d) does not apply to a (2) Breach of warranties of fitness, nurse, emergency medical technician or quality, durability or performance; paramedic employed, by you if you are not engaged in the business or occupation of (3) Loss of customer approval, or any providing medical, paramedical, surgical, cost incurred to regain customer dental, x-ray or nursing services. approval; 7. Personal and Advertising Injury - Broad Form (4) Redistribution or replacement of Under SECTION 11 - LIABILITY, F. Llabti and .your product which has been ~ recalled by like products or Medical Expenses Definitions, definition 15, substitutes; "Personal and Advertising Injury", paragraph h. is added as follows: (5) Caprice or whim of the insured; h. Discrimination or humiliation (unless (6) A condition likely to cause loss of insurance thereof is prohibited by law) that which any insured knew or had results in injury to the feelings or reputation reason to know at the inception of of a natural person, but only if such this insurance; discrimination or humiliation is: (7) Asbestos, including loss, damage (1) Not done intentionally by or at the or clean up resulting from asbestos direction of., or asbestos containing materials; or 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 (8) Recall of "your products" that have printed advertisements including no known or suspected defect stationary, envelopes and solely because a known or postage; suspected defect in another of (2) Shipping the recalled products "your products" has been found. from any purchaser, distributor b. Under SECTION II - LIABILITY, C. Who or user to the place or places Is An Insured, paragraph 4.c. is added designated by you; as follows: (3) Remuneration paid to your c. "Bodily injury" or "property damage" regular 'employees" for do not apply to "product recall necessary overtime; expense arising out of any (4) Hiring additional persons, other withdrawal or recall that occurred than your regular "employees"; before you acquired or'formed the organization. (5) Expenses incurred by c. Under SECTION 11 - LIABILITY, E. "employees" including transportation Liability and Medical Expense accommodations; General accommodati and Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, (6) Expenses to rent additional paragraph e. is added as follows: warehouse or storage space; e. You must see to it that the following (7) Disposal of "your product", but are done in the event of an actual or only to the extent that specific anticipated "covered recall" that methods of destruction other may result in "product recall than those employed for trash expense": discarding or disposal are Give us notice of an required to avoid "bodily injury" (1) prompt any or "property damage" as a result discovery or notification that of such disposal, .your product" must be withdrawn or recalled. Include a you incur exclusively for the purpose description of "your product" of recalling "your product"; and and the reason. for the b. Your lost profit resulting from such withdrawal or recall; "covered recall". . (2) Cease any further release, e. Under SECTION 11 - LIABILITY, D. shipment, consignment or any Liability and Medical Expenses Limits of other method of distribution of Insurance, the following is added: like or similar products until it S. The Limits of Insurance and rules has been determined that all stated below fix the most that we such products are free from will pay under this Product Recall defects that could be a cause of Expense Coverage. loss under this insurance. (1) The Aggregate Limit is the most d. Under SECTION 11 - LIABILITY, F. that we will reimburse you for Liability . and Medical Expenses the sum of all "product recall Definitions, the following additional expenses" incurred for all definitions are added: "product recall expenses" "Covered recall" means a recall made initiated during the policy period. necessary because you or a government (2) The Occurrence Limit shown on body has determined that a known or the Summary of Coverages is suspected defect, deficiency, the most we will pay in inadequacy, or dangerous condition in connection with any one defect .your product' has resulted or will result or deficiency. in "bodily injury" or "property damage". (a) All "product recall "Product recall expense(s)" means: expenses" in connection a. Necessary and reasonable expenses with substantially the same rY general harmful condition for: will be deemed to arise out (1) Communications, including radio of the same defect or or television announcements or deficiency and considered one "occurrence". 3914006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 r Hanoyreoup- Insuraace r 0OF9891681 5701148 (b) Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per , each "Occurrence". 9. Unintentional Failure to Disclose Hazards Under SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION 11 - LIABILITY, E Liability and Medical Expenses General Conditions, 2. Duties In the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: L Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy. 3914006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 a0k Hanover Insurance Group. ODF9891681 5701148 OTHER INSURANCE - PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to SECTION III - COMMON POLICY CONDITIONS: M. Other Insurance (b) That is Fire insurance for 1. Additional Insureds premises rented to the If you agree in a written contract, written Additional Insured or y temporarily occupied by the agreement or permit that the insurance Additional Insured with provided to any person or organization permission of the owner; included as an Additional Insured under SECTION II - LIABILITY, Part C - Who Is An (c) That is insurance purchased by . Insured, is primary and non-contributory, the Additional Insured to cover the following applies: the Additional Insured's liability If other valid and collectible insurance is as a tenant for "property available to the Additional Insured for a loss damage" to premises rented to we cover under SECTION II - LIABILITY, the Additional Insured e Part A. Coverages, Paragraph 1., Business temporarily occupied by the Liability our obligations are limited as Additional Insured with follows: permission of the owner; or a. Prima Insurance (d) If the loss arises out of the Primary maintenance or use of aircraft, This insurance is primary to other 'autos" or watercraft to the insurance that is available to the extent not subject to Exclusion g. Additional Insured which covers the of SECTION II - LIABILITY, Part Additional Insured as a Named Insured. A. Coverages, 1. Business We will not seek contribution from any Liability. other . insurance available to the When this insurance is excess, we will Additional Insured except: have no duty under SECTION II - (1) For the sole negligence of the LIABILITY, Part A. Coverages, 1. Additional Insured; Business Liability to defend the insured (2) When the Additional Insured is an against any "suit" if any other insurer Additional Insured under another has a duty to defend the insured against primary liability policy; or that "suit". If no other insurer defends, we will undertake to do so, but we will (3) When b.(2) below applies. be entitled to the insured's rights If this insurance is primary, our against all those other insurers. obligations are not affected unless any When this insurance is excess over of the other insurance is also primary. other, insurance, we will pay only our Then, we will share with all that other share of the amount of the loss, if any, insurance by the method described in that exceeds the sum of: b.(3) below. b. Excess Insurance (2) The total amount that all such other insurance would pay for the loss in This insurance is excess over: the absence of this insurance; and (1) Any of the other insurance, whether (3) The total of all deductible and primary, excess, contingent or on self-insured amounts under all that any other basis: other insurance. (a) That is Fire, Extended Coverage, We will share the remaining loss, if any, Builder's Risk, Installation Risk with any other insurance that is not or similar coverage for "your work"; 391.1331 06 09 Includes copyrighted material of insurance services Offices, Inc., with its permission Page 1 of 2 described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391.1331 06 09 Includes copyrighted material of insurance Services offices. Inc., with its permission Page 2 of 2 Page 1 / 1 JJ~~ C 1 T Y o f CITY RECORDER ASH LAND ATE ,20 E MAIN ST. 11/6/2013 11966 ASHLAND, OR 97520 (541) 488-5300 - VENDOR: 015983 SHIP TO: Ashland Computer Services DEVELOPMENT GROUP INC (541) 48875339 PO BOX 911484 90 N MOUNTAIN REDDING, OR 96099-1484 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Marv MCClary Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Services to facilitate IDF design for 2,000.00 legacy IDF location at all City IDF locations per attached quote. Quote #5686 Contract for Goods and Services Beginning date: 11/06/2013 Completion date: 11/11/2013 SUBTOTAL 2000.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 2,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 710.02.05.00.60410 2,000.00 JL%J~ 43 Authoriz¢ gnatu e/~~~ VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 11105113 Required date for delivery: it 1,113 Vendor Name DEVELOPMENT GROUP, INC Address, City, State, Zip PO BOX 991484, REDOING, CA 96099-1484 Contact Name & Telephone Number JASON EATMON 530-229-0071 Fax Number (530) 248-341b 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 uote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ® Direct Award Date approved by Council: Contract # ® Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Interoovernmental 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/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost DGI to provide services to facilitate OF design for legacy IDF location at all City IDF locations. Included are: rack layout, cable management, electrical and UPS design, structured cabling termination remediation & certification, cooling, physical access and fiber optic termination $2,000.00 considerations, wiring closet investigation, mapping, and planning, OF walkthroughs, wiring closet diagramming/Documenting and developing scop of work statement for cabling/electrical/racking requirements. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $2,000.00 Account Number 710.02.05.00.604100 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 th' equisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: k & _ i ~7 r (Equal to or greStertthhn$5,000) Department Manager/Supervisor: 1 City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition