HomeMy WebLinkAbout2013-424 Contract - Jaco Environmental
PROFESSIONAL SERVICES CONTRACT
CONTRACT NO.
THIS AGREEMENT is entered into by and between The City of Ashland Conservation
Division (hereinafter referred to as the "City'), with its principal place of business located
at51 Winbum Wy, Ashland, OR 97520, and JACO ENVIRONMENTAL (hereinafter
referred to as "Service Provider"), with its principal place of business located at 18323
Bothell-Everett Highway, Suite 220, Bothell, WA 98012. This agreement may be referred
to herein as the "Contract" or "Agreement"
1. SCOPE OF SERVICE
The Service Provider shall provide the services described in Exhibit A, City Appliance
Recycling Program (ARP), which is attached hereto and by this reference is incorporated
herein.
2. TERM OF CONTRACT
A. The term of this Contract shall be from January 1, 2014 through December 31, 2016.
The Service Provider shall complete all specified Contract work, including submission of
reports and other required documentation within the term of the Contract. Any revision to
the term of the Contract shall be by mutual agreement, in writing, between CITY and the
Service Provider.
3. PAYMENT
A. CITY shall pay the Service Provider for such services on a unit price basis in
accordance with the accepted price shown in Attachment A, Cost Scenario Analysis
Summary. CITY makes no guarantee of any minimum number of units to be recycled
under the ARP or this Contract.
B. The Service Provider shall submit an invoice to CITY monthly for the number of units
recycled according to the amounts stated in Exhibit A. Invoices shall be in a format
acceptable to CITY.
C. CITY shall pay for only those units that the Service Provider has recycled and for which
the Service Provider has issued the incentive check to CITY's customer.
D. CITY shall pay all invoices from the Service Provider by mailing an CITY warrant,
within 30 days of receipt of a properly completed invoice.
E. Payment by CITY will be completed on a fee-for-service basis. There shall be no
advance payment for services furnished pursuant to this contract. There shall be no
minimum payment.
F. Payments made to the Service Provider shall not constitute acceptance of the work or
any portion thereof which is not in accordance with this Contract.
G. If during the course of the Contract, the work performed does not meet the
requirements set forth in the Contract, the Service Provider shall correct or modify the
work to comply with the Contract requirements and CITY shall have the right to withhold
payment for such work until the Service Provider meets the requirements of the Contract.
JACO Contract Page 1
4. REPORTS AND INSPECTIONS
A. The Service Provider at such times and in such forms as CITY may require, shall
furnish to CITY such statements, records, reports, data, and information as CITY may
request pertaining to the matters covered by this Contract.
B. All statements, reports, data, records and accounts pertaining to this Contract are to be
kept available for inspection by representatives of CITY during the course of the Contract
and for a period of three (3) years after final payment: Copies shall be made available to
CITY upon request.
5. RESPONSIBILITIES OF SERVICE PROVIDER
A. Manager. The Service Provider shall appoint a Manager who will be in charge of the
Service Provider's responsibilities under this Agreement and have day to day authority to
make decisions on behalf of the Service Provider. All notices regarding changes in the
Program or revisions to the Scope of Service shall be delivered to the designated
Manager. The Service Provider's Manager to CITY's ARP is:
Name: Bob Nicholas
Title: Program Development
Address: P.O. Box 14307
City, State, Zip: Mill Creek, WA 98082
Office Phone
Cell Phone 425.754.4894
Office Fax 425.423.7873
E-mail Address: bobnONacoinc.net
B. Any and all employees of the Service Provider or other persons while engaged in the
performance of any work or services required of the Service Provider under this Contract
shall be considered employees of the Service Provider only and not of CITY, and any and
all claims that may or might arise under any Workmen's Compensation Act on behalf of
said employees or other persons while so engaged, and any and all claims made by a
third party as a consequence of any act or omission on the part of the Service Provider's
employees or other persons while engaged in any of the work or services rendered
herein, shall be the sole obligation and responsibility of the Service Provider.
C. Safety. The Service Provider shall take all necessary precautions for the safety of
employees and shall comply with all applicable provisions of federal, state and local
regulations, ordinances and codes. The Service Provider shall erect and properly
maintain at all times, as required by the conditions and progress of the work, all necessary
safeguards for the protection of workers and the public and shall post danger signs
warning against known or unusual hazards.
D. Warranty. The Service Provider shall be responsible for correcting any deficiencies
and for completing all the work as described in Exhibit A.
E. Nondiscrimination/Equal Protection. The Service Provider agrees not to discriminate
against any employee or applicant for employment or any other persons in the
performance of this Contract because of race, religion, creed, color, national origin, marital
JACO Contract 2
status, gender, age or handicap, or other circumstances as may be defined by federal,
state or local law or ordinance, except for a bona fide occupational qualification. The
Service Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Service Provider setting forth the
provisions of this nondiscrimination clause.
6. CITY'S PROGRAM MANAGER
CITY's Program Manager for CITY's ARP will have the primary responsibility for CITY
under this Contract and shall oversee and approve all work to be performed, coordinate
communications, and review and approve all invoices, under this Agreement.
Name Adam Hanks
Title Management Analyst - Administration/Conservation
Address 20 East Main St
City , State, Zip Ashland. OR 97520
Office Phone # 541-552-2046
Cell Phone #
Office Fax #
E-mail Address adam (a)ashland.or.us
7. CONFIDENTIALITY / NON-DISCLOSURE
A. Confidential Information. Service Provider acknowledges that it and its employees or
agents may, in the course of performing its responsibilities under this Contract, be
exposed to or acquire information that is confidential to CITY or CITY's clients. Any and all
information of any form obtained by Service Provider or its employees or agents in the
performance of this Contract shall be deemed to be confidential information of CITY
("Confidential Information'). Any reports or other documents or items (including software)
which result from the use of the Confidential Information by Service Provider shall be
treated with respect to confidentiality in the same manner as the Confidential Information.
Confidential Information shall be deemed not to include information that (a) is or becomes
(other than by disclosure by Service Provider) publicly known or is contained in a publicly
available document; (b) is furnished by CITY to others without restrictions similar to those
imposed by this Contract; (c) is rightfully in Service Provider's possession without the
obligation of nondisclosure prior to the time of its disclosure under this Contract; or (d) is
independently developed by employees or agents of Service Provider who can be shown
to have had no access to the Confidential Information.
B. Non-Disclosure. Service Provider agrees to hold Confidential Information in strict
confidence, using at least the same degree of care that Service Provider uses in
maintaining the confidentiality of its own confidential information, and not to copy,
reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose
Confidential Information to third parties or use Confidential Information for any purposes
whatsoever other than the provision of services to CITY hereunder, and to advise each of
its employees and agents of their obligations to keep Confidential Information confidential.
C. Unauthorized Use. Service Provider shall use its best efforts to assist CITY in
identifying and preventing any unauthorized use or disclosure of any Confidential
Information. Without limitation of the foregoing, Service Provider shall advise CITY
immediately in the event Service Provider learns or has reason to believe that any person
who has had access to Confidential Information has violated or intends to violate the
JACO Contract 3
terms of this Contract and Service Provider will at its expense cooperate with CITY in
seeking injunctive or other equitable relief in the name of CITY or Service Provider against
any such person.
D. Return of Confidential Information. Service Provider agrees that, except as directed by
CITY, Service Provider will not at any time during or after the term of this Contract
disclose, directly or indirectly, any Confidential Information to any person, and that upon
termination of this Contract or at CITY's request, Service Provider will turn over to CITY all
documents, papers, and other matter in Service Provider's possession which embody
Confidential Information.
E. Injunctive Relief. Service Provider acknowledges that breach of this Paragraph 7,
including disclosure of any Confidential Information, or disclosure of other information that,
at law or in good conscience or equity, ought to remain confidential, will give rise to
irreparable injury to CITY that can only be inadequately compensable in damages.
Accordingly, CITY may seek and obtain injunctive relief against the breach or threatened
breach of the foregoing undertakings, in addition to any other legal remedies that may be
available. Service Provider acknowledges and agrees that the covenants contained herein
are necessary for the protection of the legitimate business interests of CITY and are
reasonable in scope and content.
F. Ensuring Confidentiality. Service Provider agrees to comply with all reasonable
requests by CITY to ensure the confidentiality and nondisclosure of the Confidential
Information, including without limitation (a) obtaining nondisclosure agreements, in a form
approved by CITY, from each of Service Provider's employees and agents who are
performing work, and providing copies of such agreements to CITY, and (b) performing
criminal background checks on each of Service Provider's employees and agents who are
performing work, and providing a copy of the results to CITY.
8. COMPLIANCE WITH LAWS
A. The Service Provider shall comply with all federal, state and local regulations and
ordinances applicable to the work to be done under this Contract, including, but not limited
to, all applicable environmental and hazardous materials laws.
B. Any violation of the provisions of Paragraph 7 shall be considered a violation of a
material provision of this Contract and shall be grounds for cancellation, termination or
suspension of the Contract by CITY, in whole or in part, and may result in ineligibility for
further work for CITY.
9. TERMINATION OF CONTRACT
A. CITY may terminate this Contract by giving at least ten (10) days written notice to the
Service Provider. Termination may be effected by serving a notice of termination on the
Service Provider's Manager identified in Paragraph 6 of this Contract, or by mailing such
notice to Service Provider's business address by certified mail, allowing three (3) business
days for delivery.
B. In the event this Contract is terminated by CITY, the Service Provider shall be entitled
to receive payment only for the number of units recycled, and for which the Service
Provider has issued the incentive check to CITY's customer(s), as of the effective date of
termination.
10. CLAIMS
Any claim against CITY for damages, expenses, costs or extras arising out of the
performance of this Contract must be made in writing to CITY within thirty (30) days after
JACO Contract 4
the discovery of such damage, expense or loss, and in no event later than the time of
approval by CITY for final payment. The Service Provider, upon making application for
final payment, shall be deemed to have waived its right to claim for any other damages for
which a claim has not been made, unless such application for final payment includes
notice of additional claim and fully describes such claim.
11. HOLD HARMLESS AND INDEMNIFICATION
A. This is a contract for a pass-through of Bonneville Power Administration (BPA)
conservation renewable funding. The refrigerator, freezer and other units to be recycled
under this Contract are not, and have never been, the property of, or held in the
possession or control of, CITY. Accordingly, the parties hereto agree that CITY shall bear
no responsibility or liability of any nature or kind whatsoever for, or relating to, the
recycling or disposal of said units.
B. To the fullest extent permitted by law, the Service Provider shall indemnify, defend and
hold harmless CITY, and its officers, officials, agents and employees from and against any
and all claims, actions, suits at law or equity, liability, loss, costs, expenses or damages of
any nature or kind whatsoever, including but not limited to environmental liabilities and
damages (whether resulting from hazardous materials disposal or otherwise), and further
including but not limited to reasonable attorneys' fees and litigation costs, brought against
CITY, its officers, officials, agents and/or employees, arising out of, or in connection with,
or incident to, the execution of this Contract and/or the performance or failure to perform
any aspect of this Contract; provided, however, that nothing herein shall require the
Service Provider to hold harmless or defend CITY, its officers, officials, agents or
employees from any claims arising from the sole negligence of CITY, its officers, agents
or employees.
C. The Service Provider agrees that its obligations under this Paragraph 11 also extend
to any claim, demand, and/or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, the Service Provider, by mutual negotiation,
hereby waives, as respects CITY only, any immunity that would otherwise be available
against such claims under the industrial insurance provision of Title 51 RCW. In the event
CITY obtains any judgment or award, and/or incurs any cost arising therefrom, including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable form the Service Provider.
D. The provisions of this Paragraph 11 shall survive the termination of this Services
Contract.
12. INSURANCE
The Service Provider at his/her own cost and expense, shall procure and maintain, for the
duration of the Contract, the following insurance policies with insurers possessing a Best's
rating of no less than A.
Workers' Compensation Coverage: Service Provider shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance in an amount not less than
one million dollars ($1,000,000), for his/her employees in accordance with the laws of the
State of Washington. Any notice of cancellation or non-renewal of all Workers'
Compensation policies must be received by CITY at least thirty (30) days prior to such
change.
General Liability Coverage: Service Provider shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If a commercial general liability
JACO Contract 5
insurance form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this Contract or
the general aggregate limit shall be at least twice the required occurrence limit. CITY
shall be named as an additional insured under this coverage.
Pollution Legal Liability Coverage: Service Provider shall maintain Pollution Legal
Liability insurance with minimum limits of one million dollars ($1,000,000) per occurrence
for death, bodily injury, or property damage to third parties, as well as for environmental
remediation of sites damaged by pollution resulting directly or indirectly from the Service
Provider's operations under this Contract. Such policy shall be maintained throughout the
term of this Contract, and for not less than three (3) years after the date of final
acceptance and completion of the work performed under this Contract. CITY shall be
named as an additional insured under this coverage.
Automobile Liability Coverage: Service Provider shall maintain automobile liability
insurance covering bodily injury and property damage for all activities arising out of or in
connection with the work to be performed under this Agreement, including coverage for
owned, hired and non-owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined single limit for each occurrence.
Cancellation: The insurance provided by the policies identified in this Paragraph 12 shall
not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty
(30) days written notice has been received by CITY.
Other insurance requirements: The Service Provider's insurance coverages shall be
primary insurance relative to CITY. Any insurance, self-insurance, or insurance pool
coverage maintained by CITY shall be in excess of the Service Provider's insurance and
shall not contribute to it. All policy coverages required under this Paragraph 12 shall be
written on an occurrence basis.
The Service Provider will deliver to CITY, no later than ten (10) days after execution of the
Agreement by CITY and prior to commencing work, Certificates of Insurance, identified on
their face as the Contract Number to which applicable, as evidence that policies providing
such coverage and limits of insurance are in full force and effect, which Certificates shall
provide that not less than thirty (30) days advance notice will be given in writing to CITY
prior to cancellation, termination or alteration of said policies of insurance. Such advance
notice of cancellation, termination, or alteration of said policies shall be delivered to
CITY's Program Manager.
13. PREVAILING WAGES AND ASHLAND LIVING WAGE
The Service Provider shall comply with any applicable Prevailing Wage Rate
Requirements in Oregon State. In addition, Service Provider shall comply with Ashland
Municipal Code Chapter 3.12, which requires all employers subject to the chapter to pay
the Ashland living wage.
14. ASSIGNMENT
A. This Contract shall not be assigned or transferred by either party, either in whole or in
part, without the prior written consent of the other party. Any attempted assignment or
transfer without such written consent shall be void.
B. Any work or services assigned hereunder shall be subject to each provision of this
Contract.
15. INDEPENDENT SERVICE PROVIDER
JACO Contract 6
The Service Provider is and shall be at all times during the term of this Contract an
independent Service Provider and not an employee of CITY.
16. GOVERNING LAW
Any legal dispute between the parties to this Contract shall be governed by the laws of the
State of Oregon, and any action to enforce this Contract shall be brought in Jackson
County, Oregon.
17. PARTIAL INVALIDITY
Any provision of this Contract which is found to be invalid or unenforceable shall be
ineffective to the extent of such invalidity or unenforceability, and the invalidity or
unenforceability of such provision shall not affect the validity or enforceability of the
remaining provisions hereof.
18. NONWAIVER
The failure of CITY to insist upon or enforce strict performance by the Service Provider of
any provision of this Contract, or to exercise any right under this Contract, shall not be
construed as a waiver or relinquishment to any extent of CITY right to assert or rely upon
any such provision or right in that or any other instance; rather, the same shall be and
remain in full force and effect.
19. ENTIRE AGREEMENT / MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and
integrated Contract between the parties hereto and supersedes all prior negotiations,
representations, or agreements, either written or oral. This Contract may be amended,
modified or added to only by written instrument properly signed by both parties hereto.
IN WITNESS WHEREOF, the parties have executed this Contract as of this _ day of
2013.
JACO ENVIRONMENTAL CITY OF A 77D
By: By:
Printed Name: awz) - I Printed Name:
Aon a 5cRA5o2
Title: Title: -CL-,y
Address: (%M3 TL_3~6
City/State/ZI ' 1 Val
Attest: Attest:
Date: 12_12M3 Date:
Z3
Tax ID No.: -
OFFICIAL SEAL
DIANA R SHIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 454135
MY COMMISSION EXPIRES NOVEMBER 28, 2014
JACO Contract 7 / O6 D
~D 6
City of Ashland Electric Dept ARP Cost Analysis Confidential
Attachment A
2014-2016 Proposed City of Ashland Electric Dept Appliance Recycling Program (ARP)
Program Assumptions
Market Penetration (Program Volumes) PY 2014 PY 2015 PY 2016
Total Electric Account Base 11,500 11,500 11,500 JACO planning assumption
Annual Harvest Rate(AHR) 0.65% 0.65% 0,65% scenario assumption
Year Fraction Factor 100% 100% 100% assumes 1/2014- 1212016
Units 75 75 75 calculated value
Measure Savings Attributes: Refrigerators
Refrigerator Fraction of Total Program Volumes 80% JACO estimate for Pacific NW ARPs
Refrigerator Net Energy Saving a(annual kWhtunit) 424 per NWPCC RTF; published December 2012 (most recent as of fall 2013)
Refrigerator Net Demand Savings (avg kW) 0.05 based on net energy savings value and 8760 hrlyr
Measure Savings Attributes: Freezers
Freezer Fraction of Total Program Volumes 20% JACO estimate for Pacific NW ARPs
Freezer Net Energy Savings (annual kWhlumt) 478 per NWPCC RTF; published December 2012 (most recent as of fall 2013)
Freezer Net Demand Savings (avg kW/) 0.05 based on net energy savings value and 8760 hrNr
Measure Savings Attributes: Weighted Net Avg (RefrigeratorlFreezer)
Wtd. Avg. Net Energy Savings (annual kWNunit) 435 calculated based on above assumptions
Md. Avg. Net Demand Savings (avg kW) 0.05 based on net energy savings value and 8760 hrtyr
Measure Life (applic. to refigeralors and freezers) per NWPCC RTF; published December 2012 (most recent as of fall 2013)
Refrigerator _ 7
Freezer 5
Me. Avg. 7 calculated based on above assumptions
Per-Unit Cost Assumptions
Direct Implementation $ 85.00 comprehensive implementation services
Marketing $ 20.00 provided by utility; JACO budget estimate
Incentive $ 30.00 continuation of value used in 2012-2013
Total $ 135.00 totalofabove
Macroeconomic Assumption
Discount Rate 5.5% JACO estimate for municipal utility systems
Annual and 3-Year Total Program Metrics (note: PY="program yeaf')
PY 2014 PY 2015 PY 2016 3PY Totals
Unit Volumes (refrigerators and freezers) 75 75 75 225
Program Costs (excl. Prog. Admin and EM&V) %of Total
Direct Implementation $ 6,375 $ 6,375 $ 6,375 $ 19,125 63%
Marketing $ 1,500 $ 1,500 $ 1,500 $ 4,500 15%
Incentive $ 2,250 $ 2,250 $ 2,250 $ 6,750 22%
Total $ 10,125 $ 10,125 $ 10,125 $ 30,375 100%
Net 1st Year Load Impacts
Annual kWh 32,610 32,610 32.610 97,830
avg mW 0.00 0.00 0.00 r 0.01
Detailed Year-by-Year Analysis for 3-Year Total Program Lavelized Cost Calcs (assumes all units in PY X begin accruing benefits on Jan 1 of PY X)
PY 2014 PY2015 PY 2016 PV of Sum for 3 PY's
Program Costs $ 10,125 $ 10.125 $ 10.125 $ 28,819
Net Annual kWh Load Impact Info PY 2014 PY 2015 PY 2016 Sum for 3 Pro
2014 32,610 32,610
2015 32,610 32,610 65,220
2016 32,610 32,610 32,610 97,830
2017 32,610 32,610 32,810 97,830
2018 32,610 32,610 32,610 97,830
2019 32,610 32,610 32,610 97,830
2020 32,610 32,610 32,610 97,830
2021 32,610 32,610 65,220
2022 32,610 32,610
Total Net Annual kWh Impacts, 2014-2022 228,270 228,270 228,270 684,810
PV of Net Annual kWh Impacts, 2014-2022 556,496
Overall 2014-2016 Program Levelized Costs ($/kWh) - $ 0.052
(excl. prog. admin & EM&V)
(c) JACO Environmental, Inc. November 13, 2013
CITY RECO MEN? Page 1 / 1
CITY OF
ASHLAND DATE PO NUMBER '
20 E MAIN ST. 1/17/2014 12060
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 014695 SHIP TO: City of Ashland
JACO ENVIRONMENTAL (541) 488-6002
PO BOX 1478 20 E MAIN STREET
SNOHOMISH, WA 98291-1478 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net - Dept.:
Req. Del. Date: Contact: Adam Hanks
Special Inst: Confirming? NO
quanti - :Uhit ' ' Descri lion, . Unit Price . : Ext. Price
Applicance Incentive Program 25,875.00
Contract based on number of units
picked up over three vear contract term
with the total contract not to exceed
$25,875.00.
Special Procurement
Approved by Council 12/17/2013
Valid until 12/31/2016
Professional Services Contract
Beginning date: January 1, 2014
Completion date: December 31, 2016
SUBTOTAL 25 875.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST . FREIGHT 0.00
541-552-2010 TOTAL 25,875.00
ASHLAND, OR 97520
4ccount Number. Project Number' Amount Account Number. project Number Amount,.
E 690.01.06.00.61011 25,875.00
VENDOR COPY
Authorized S(ghature -
F~O12M#3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: 2/23/12
Required date for delivery:
Vendor Name JACO Environmental
Address, City, State, Zip 18323 Bothell-Everett Highway, Suite 220, Bothell, WA 98012
Contact Name & Telephone Number Robert Nichols 425-754-4894
Fax Number bon lacomc.ne
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached
❑ 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) ❑ Slate 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 ❑ Written Findings (Form attached) ❑ Other government agency contract
$5.000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes attached ❑ Special Procurement Contract #
PERSONAL SERVICES ® Written Findings (Form #9 attached) Intergovernmental Agreement
$5.000 to $75,000 ❑ Written quote or proposal attached ❑ Agency
❑ Less than $35,000, by direct appointment Date approved by Council: 12-17-13 Date original contract approved by Council:
❑ 3 Witten proposals attached Valid until: 12-31-16 (Date)
Description of SERVICES Total Cost
° >v` °
Refrigerator/Freezer pick up, decommission and recycle for City of Ashland Electric Utility I t
customers that quality for Conservation appliance incentive program . Contract based on # of 875
units picked u over three year contract term with total contract not to exceed $25,875 $?ems ggaf
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
;TOTAL CO ;Tx
❑ Per attached quotelproposal $25875
Project Number
O/
Account Number 690P406 - 00 -610110
'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: /(//If
ITDirector Date Support -YeslNo
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee Signature: Department Head Signature:
(Equal to or greater than $5,000)
Additional signatures (if applicable):
Funds appropriated for current fiscal year /1'ES/ NO
Finance Director- (Equal to or greater tly $5,000) Date
Comments:
Form #3 - Requisition
CITY OF
ASHLAND
Council Communication
December 17, 2013, Business Meeting
Approval of a Special Procurement
JACO Environmental - Refrigerator/Freezer Recycling Program
FROM:
Adam Hanks, Management Analyst, adam@ashland.or.us
SUMMARY
The City of Ashland Conservation Division requests that the Council, acting as the Local Contract
Review Board, approve the use of a special procurement process to renew and extend the City's
contract with JACO Environmental Services to offer refrigerator recycling services to Ashland Utility
customers. This partnership provides Ashland Utility customers with the opportunity to safely and
easily dispose of their old refrigerators and receive an additional small incentive payment for doing so.
BACKGROUND AND POLICY IMPLICATIONS:
As part of the City's energy efficiency/conservation appliance incentive program, JACO
Environmental has been a valuable partner in ensuring that the refrigerators/freezers replaced as part of
the City's rebate incentive program are properly disposed of.
In the absence of such a program, the inefficient units being replaced could remain in use as a
secondary unit or be sold and re-utilized negating the energy saving benefits of the incentive/rebate.
Additionally, proper de-commissioning ensures the proper handling of hazardous materials and
recycling of as much of the component materials as possible.
JACO performs this service for Pacific Power through the Energy Trust of Oregon, which surrounds
the City of Ashland's utility territory, as well as for over 40 other utilities in 19 different states.
Remaining consistent with programs in Ashland's surrounding utility territories provides the City with
shared marketing efforts and eliminates customer confusion regarding recycling options. The use of a
large multi utility contractor also provides cost benefits that would otherwise be difficult to achieve
given Ashland's relatively low volume as a small utility.
FISCAL IMPLICATIONS:
Costs associated with the program are eligible for reimbursements through Bonneville Power
Administration (BPA) and are processed in conjunction with the incentive/rebate resulting in little to
no actual cost to the Conservation Division budget.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff recommends Council approval of the contract renewal with JACO Environmental as a special
procurement within the City of Ashland Purchasing Policies.
Page I of 2
~r,
CITY OF
-AS H LAN D
SUGGESTED MOTION:
N/A - Consent
ATTACHMENTS:
Request for Special Procurement
Draft Contract - JACO Environmental
Page 2 of 2
~r,
CITY OF
ASHLAND
Memo
DATE: January 13, 2014
TO: Local Contract Review Board
FROM: Adam Hanks, Management Analyst, Administration
RE: Special Procurement - JACO Environmental
Consistent with ORS 279B.085 (4) Special Procurements, the following is a written request to
substantiate the request for the use of the Special Procurement process for the City of Ashland's contract
renewal with JACO Environmental to continue providing refrigerator/freezer pick up and recycling as
part of the City of Ashland's Conservation Division energy efficiency/conservation appliance
incentive/rebate program.
The use of a Special Procurement will:
(a) Be unlikely to encourage favoritism in the awarding ofpublic contracts or to substantially diminish
competition.for public contracts
Due to the relatively small volume of pick-up/recycling within the City of Ashland's municipal service
territory compared with the volume in the surrounding Utility service territories, Staff has not been
aware of any competition for this service from other firms in the form of inquiries or other
communication with City Staff.
(b) (A) Result in substantial cost savings to the contracting agency or to the public; or
Due to the volume of pick up and recycling work done by JACO Environmental for other electric
utilities surrounding the City of Ashland Electric Utility's service territory, including the immediate
abutting service territory of Pacific Power, JACO is uniquely positioned to offer far more competitive
pricing on the services provided, as well as cost effective integrated marketing efforts across service
territories and administrative efficiencies between customers, City administrative staff and involved
third parties (BPA)
(B) Otherwise substantially promote the public interest in a manner that could not practicably be
realized by complying with requirements that are applicable under ORS 279B.055, 279B.065 or
279B. 070 or under any rules adopted there under.
The ability of JACO Environmental to serve multiple utility service territories serves and promotes the
public interest by being cost effective, consistent in message and operation reducing confusion and
added administrative efforts.
Cityof Ashland
ADMINISTRATIVE SERVICES & ELECTRIC UTILITIES Tel: 541-552-2046
20 East Main St Fax: 541488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
w .ashland.or.us
adarn@ashlwd.or.us
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