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2014-085 Contract - Day Wireless Systems
-Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Day Wireless ASHLAND CONTACT: Danny Thompson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 3669 Aviation Way, Medford, OR 97504 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-772-5602 DATE AGREEMENT PREPARED: April 17, 2014 FAX: 541-7725407 BEGINNING DATE: April 24, 2014 COMPLETION DATE: June 11, 2014 COMPENSATION: $5,792.49- Per Quotation #8811-01 attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: CERT antenna to be installed at Fire Station #1 per Quotation #8811-01 attached as Exhibit C. ADDITIONAL TERMS: Special Procurement approved by Council April 15, 2014 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 Conveniences This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 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 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 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 Signature Department Head G,,l E~ N (9 K/Ly Kkaj Print Name Print Name t~ PPF_SrDCrIT S ~j ~ ~ I Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 3 of 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. x (3) Telephone listing is used for the business separate from the personal residence listing. 14 (4) Labor or services are performed only pursuant to written contracts. ,c (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. IL Li -zs- l Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 DATA W,LLt Lff fYf 1LYf 3669 Aviation Way Quotation # 8811.01 Medford, OR 97504 DATE March 7, 2014 Office (541) 772.5602 Customer Account # 5837 Fax (541) 772.5407 CUSTOMER City of Ashland SHIP TO Day Wireless Fire Station 1 Antenna Install Prepared By Payment Terms; Project Start Date' Cneviw BNtiaA TBD QTY PART# DESCRIPTION.- -.UNIT PRICE.., EXT.COST 1.00 94183 155-156 Mhz Unity Gain $ 172.86 $ 172.86 1.00 431411 Ground Bar $ 114.25 $ 114.25 1.00 424732 Barrel Lug Set $ 25.10 $ 25.10 40.00 481111 #6 Ground Wire $ 1.50 $ 60.00 1.00 47001 1.5 - 400Mhz Polyphaser $ 68.00 $ 68.00 70.00 451138 5/8 Foam Coaxial $ 4.80 $ 336.00 4.00 456320 5/8 N Male Connectors $ 74.00 $ 296.00 1.00 Misc Misc nuts, coax clips, ties etc $ 50.00 $ 50.00 1.00 TKR-750K KENWOOD VHF REPEATER 25-50 WATTS $ 1,404.00 S 1,404.00 1.00 KSGPS20400 POWER SUPPLY $ 336.00 $ 336.00 1.00 KPG-91 DNK PROGRAMMING SOFTWARE $ 77.50 $ 77.50 1.00 KPG-46UM PROGRAMMING CABLE $ 118.75 $ 118.75 1.00 15577 POLYPHASER SURGE PROTECTOR IS-B50LI, $ 61.01 $ 61.01 1.00 374665 TELEWAVE ISOLATOR T1530 $ 563.00 $ 563.00 1.00 416325 COMM SCOPE T WMALE TO WMALE CBL Fl. $ 46.00 $ 46.00 Quote assumes ability to mount on existing tower structure. If room not available, non penetrating mount will be necessary to purchase. -thank you S - S - _7 Materials SUBTOTAL $ 3,599.76 Labor SUBTOTAL 2,116.25 SHIPPING It HANDLING $ 76.48 DOWNPAYMENT $ - TOTAL $ 5,792.49 i-~• DAYMANA-01 MELODYK ACQQD° DATE (MWDONYYY) CERTIFICATE OF LIABILITY INSURANCE 9130/2013 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polley(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Melody Kirkendall Durham and Bates Agencies, Inc. R:% 720 SW Washington St. Ste250 - (503) 2245170 AIC Na : 503 221-0540 Portland, OR 97205 elod k bates.com INSURERS AFFORDING COVERAGE NAica INSURERA:Atlantic Specialty IDs. Co. INSURED INSURER B: Hartford Day Management Corporation dba: Day Wireless Systems INSURERC: 4700 SE International Way INSURERD: Mihvaukie, OR 97222 INSURERE: NSURER 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 CONTRACTOR 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. Lm TYPEOFINSURANCE- POLMYNUMBER MW00 FF MNNXYyyY LIMITS GENERAL LUIBILITY EACH OCCURRENCE E 1,000,00 A X COMMERCIAL GENERAL LIABILITY 711014051-0000 812012013 1011/2014 PREMISES Eacma, $ 1,000,00 LLAIMS~e Fx_]OCCUR MEDEXP(Anyonapenon) f 10,00 X $1,000,000 Umbrella PERSONAL S AOV INJURY $ 1,000,00 X Washington Stop Gap GENERAL AGGREGATE S 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG S 2,000,00 PDLICV PRO X LOC A Empire Liab S 500,00 IFrT AUTOMOBILE LIABILITY COMBINDSINGL La1IT 1,000,00 EaaoHdaN S A X ANY Auro 711014051-0000 8120/2013 10/112014 BODILY INJURY IPnpanon) E ALL OMM $ CHEDULED BODILY INJURY Per acci0enl S AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROP RTY DAMA E S AUTOS Par arrJdeN f UMBRELLA LIAR OCCUR EACH OCCURRENCE f EXCESS me CLAIMSAIADE AGGREGATE S OED RETENTIONS f YIORKERS COMPENSATION 4YC STATU- WW ANDEMPLOYERVLOSILNY X T B ANY PROPRIETORIPARTNER,EXECUTVE YIN 52WELN9641 101112013 101112014 E.LEACHACCIOENT 1,000,0 NT OFFICERIMEMBER EXCLUDED? a NIA (Mandalwy in NH) E.LDISEASE-PAEMPLGYE S 1,000,00 W RI~Pio orPERATgnS Eaw« E.L. DISEASE-POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS/ LOCATIONSI VEHICLES (Aeach ACORD 101, AddRional Remaras ScMdule, If More space is raeulred) Sae attached fortes VCG246 02 05 Additional Insumd-Designated Person or Organization; VCG207 07 09 Vantage for Genre[ Liability Technology Companies; VCA 201 01 09 Vantage for Automobile; and CA0001 0310 Business Auto Coverage (Other Insurance). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: DAYMANA-01 MELODYK LOC 1 Page 1 of 1 AGORI7' ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED - Durham and Bates Agencies, Inc. Day Management Corporation dba: Day Wireless Systems 4700 SE International Way MUCY NUMBER Milwaukle, OR 87222 - SEE PAGE 1 CARRIER - EC CODE SEE PAGE 1 SEE p 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Cedlecate of Liability Insumnee Remarks: Workers Compensation Companies Workers Compensation Companies: Hartford Insurance Co of the Midwest - Applies to State of Nevada Hartford Accident and Indemnity - Applies to States of CA and OR Twin City Fire Insurance Company -Applies to Sate of ID ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 711014061-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided underthe following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11- WHO IS AN INSURED, 2. is amended to include as an additional insured: a. The certificate holder, but only as respects its liability arising out of your activities. b. The person or organization shown in the Schedule as an additional insured but only with respect to liability arising out of your operations or premises owned by or rented to you. SCHEDULE" The City of Ashland, Oregon, and its elected officials, officers and employees 20 East Main Street Ashland, OR 97520 Insured: Day Management Corporation DBA: Day Wireless Systems • Infanxitim miluiredto completethis Schedule, ifnatshown on IhisendorsmreMwill besliown in the DwJameQs VCG 74502 05 Includes copyrighted material of inure= Services Office, Inc. Page 1 of 1 Copyright 2004 POLICY NUMBER: 711014061-0000 THIS ENDQRSEMENTCHANGES TME4O&JdY..,PLEASE:READ IT CAREFULLY. @_ VANTAGE FOR:G:ENERALUABILITY 'TECH NOILOGY00IMPANIES 'This endorsement modifies-- insurance_provided•:underthe;following:; COMMERCIAL GENERAL LIABIL ITYCOVERAGE, FORM The following schedule fists the 6W*a.0e extensions provided by this ferddrsement.:Refer to the individual provisioris;to deterrnine3he extehtof your coXerage. SCHEDULE`OFCOVERAGEEXTENSIONS 1 : Additional Insured -;Broad. Form. I Vendors SB: Coverage Territory- Worldwide 2 Additional insured - by Contract Agreement;or' 9 Duties m Even t,of'Occurrence; Claim or Suit Permit relating to: - 10. Expecfed:ovlntended Injury (PD) o' (Work performed by you 11: Incidental Medical Malpractice o Premises you own,;rent; lease or occupy' 12. Medical Payments; o Aqulpment you lease 13. Moblle,Equipment Redefined 3. Aggregafe'L m0 PerLocdtien T4. NewyAcguired or Formed Organizations 4. Blanket Walver of Subrogation; 15. , Non=Owned Alrcraft. 5: Bodiy. Injury Redefined -.MenthlAnguisli 16. Non=Owned Watercraft E: Broadened Named Insured 17.- Personal and-Advertisf rig Injury 7. Broadened.Property Darnage: 18 Product RecailExpense o Borrowed Equipment 19. SupplementaryPayments Increased Limits o customers' Goods o' :Use'ofrbevators 1. ADDITIONAL INSURED:=BROAD FORM. VENDORS Section it - Who Is An Insured Is amended to lnclode. as.an addilionatinsured.any person(s) I or organization(s) (refereed to below as vendor)with whom you agreed,lh a written contract or agreement to provide insurance,.but only with respect to "bodily Injury" ors "property damage" arising out of "your products"which are distributed or sold in the regular course of the vendorrbuslnes; s' *ctto the fofiowing addiiional`excluslons: a. This provisico 1:,does not applyto.' (tj ".Bodily injury or "propertyrdamage" for'which the vengorls obli gated to, pay gamages by reason of the assumption of liability in--a contract or agreement. This.exclusion does not apply to liability for damages that the vendor wouldhave'in theabsence of the contrari.oragreement (2)' ;Any express warranty;not=authorized. by you; (3) Any-physical or chemical' change in'the produd;made'intentionally-by the vendor, (4)` Repecliagng, exrpt:whenrunpeolded coley for the purpose of inspection, demonstration, testing or the substitution of parts. under instructions; from the: manufacturer; and then repackaged in the original container; (5) Any failure to-make.such inspections,.adJustnlents, tests or setvicing.as the-vendor has agreed to make or normally undeilakes-to make,'in.the usual course of business, in connection with the distribution or .sale,of.the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection ,m6 the sale of the product; (7)' Products whictf,:after distribution:or sale by,you, have beenaabeled or:relabeted or used as a .container, part:oringredient of any other thing or sututance by or f or,the vendor, or (8) 'Bodily injury' or !property damage":arising out of:the.sole negligence :of the:vendor for its own acts or omissions:orthoswof its employees or. anyone,else-acting on its-behalf: However, this exclusion does not apply to: (a) The'exd eptions'contained in $uhparagraphsA. or 6.;lor VCG 201,07 09 Includes mpyriglited,material Dtlnsuranoe,'Serykes Office, Inc.. Page I of 7 Copyright '2a09; Oneaeecon Insu_iende.Group.LLC &INSURED (b); Such mspeclions adptstmenis tests oY set *V as the vendor has agreed to make or nortnaly; undedekes to; make in'tF a usual course otbusrness rn connection wltp_the distribution or sale of the: products. (9) Ariy candor person: or organization if the "products- completed operatlons hazard" 'Is ezcluded,.eittiei by, theprovisions of,thd Coverage.Forrn.& by,endorse-meht b:, This Insurance does not apply to any, insured •person or organization; from whom .you have acquired such products, orany 1ngradierit; part or'container; ' antedng,into,.accompanying or-containing such products. 2: ADDITIONALINSURED-CONTRAC.T.,,AGREEMENT;OR,PERMIT' a Section 11- Who Is An insured-'Is amendedio include, as an additional insured. any person(s); or organ= zation(s):with whom you agreed: in:wriden:confract; written agreement:orpennit to provide insurance such as-is afforded.underthis-Coverage Part, txitio6ly:with respeci,to.li6biRt.y for "bodily injury,', "property-damage" or Versonaf and advertising injury" caused; in whole or in part, by. your acts or omissions or the acls.:or omissions of:those:actingon your behafh 1.. In the. performance. of yourwork'-for"the;addlfionat insureds) at the location deslgnated,in the, contract- agreement or permit; or' 2. In the'maintenbhcei, operatlon;or use;ofe"quipment leased to you:b"y'such person(s) of-organization(s), or 3.: In, connection witb;premisessyou,•own,,Pent; lease or occupy.- -This irisurerioe app5es;on a pHrMry" or primary acid non=contributory basis if:that,is'required ifi wnting,bythe` contract,:agreerreht'or permit.. b.. The.insurance provided toihe additional'insured hereins:Gmfted. This insurance : doesnot apply:: i Unless (a) the written:contract,:agreement orpermk is currently in effector becomes effective•during the term of this~poliiy;:and (b)' the "contract :or agreement. was executed or permit 'issued prior [o'tlia "hourly .injury", 'goperty. damage';.or "Personal and. adyeftlging injury" 2. To any 'person oe organim6bh included, as ;an, insured under the Additional. Insured _ Broad Form Vendors provision of thi'siehdorsement, 7.. To any person or'organlzatlon included asan insured,by anendorsemenfissued by. us and made part of this Coverage Par(, 4. To :a rson ;or' or"ahlzatIon R the. ?tioei m " M pie 9 . N jury", "property- dainager,,.or "personal;and advertising injury":ahses out of the, rendering of or.fa lure, to render any. professional architectural,. engineering, or. surveying services.by or for.you including: (a) The preparing,: approving, or-failing to.prepare or approve, maps;.shop drawings, opinions, reports; surveys,,field;orders, change orders- or drawings•.and specifications; or (b) _Supervisory, inspection,archftectural•orengineer ing activities.. 6. To any: (a) Lessor of egi lpment:afterthe equipmenfiease.tet7inates pr`expires;, or (b), Owners oioth'ar interests'~from,"wtiorrtlaM has been leased, or (c) Managers-or'tessorsof: premises if. (t)-_ The;"occurrence"'takes: place afteiyou cease to be a tenant in that premises or. (2) 'The bodily,ihjM. , "properly damage"; 'personal and advertising injurv"'arises out of structural; alterations; new construction or'demolition operations performed by or on behalf of The.manager. :orfessor. 6. To "tiodiIy`iri ry;:'or "property damage" occumng'aftec (a) All work•on:fhe project (otherthan:servioe; maintenance or repairs)ao be performed by oron behall.of the additional Insured at the site of the covered operations has been completed; or (b) That portion of"your work" out of which the injury:or damage adses has been'put'Wits Intended use' by any person or organization bother than. another contractor' or subcontractor engaged in performing operations for a`principal as part'of the same project Pager2 of 7 Includes copyrighted material of Insurance:Servic Otfce:Inc: 11CG 207 07.0 Copynght 2009, Oneaeacon Insurance Group LLC e Limits of Insurande;applicable to the addltionalansured are thosespecIli ed'in the contract! 'agreement or permit or in, the Declarations of thls'palicy, whichever is less, and fix the most.we will pay, regardless of the num. bernof:I -1. flnsureds 2. Claims made or, "suits" brought, or. 7. Persons 6r,br&fiiiatio6s fnakirig'dilims or.tid iging 7suitsr. These',Umits. of Insurance are inclusive of .and not in addition'to. the Limits. of Insurance. shown In the Declarations. 3; AGGREGATE LIMITVER LOCATION a. Untl6KSection 111=.Linitts.of Insurance, th'e General: " Aggregate:Limit appBes seperelely,to each:of;your 16edUoris" owned by.oi rented or leasedao:you. b. ,Under de.eflon V' Definitions, the following definition--is added:' "Cocatiod" ineans'premises involving the same' or-.connecting lots, or premises whose conneotion'is thterrupted only by"a street, roadway,wiaterway or right-ofwayroka.railroad. A. BLANKET.WAIVER OF SUBROGATION Section' IV Transfer of Rights of Recovery Against Others to,Us Condition is emended to add, the following: We will waive any right of recovery we may have against any person or organization because of payments we make-forinjury ordamage arising out of your ongoing operations done, under a written contracLoragreementwith that -..rso ....n- pe, or ,orgaruzation and included in "your work" of the 'produbts~completed operations heiard".'Ttos waiver appEes only to persons or organizations with whom you have. a written.eontract, ex.ecuted prior: to -the "boc iy:iiijuij?' or,'"propeity damage", that requires you to waive your rights of recovery. 5.. BbbiLYINJURTREDEFINED-MENTAL ANGUISH Urider_Sectiod V, the,definition df "bodily injury" is replaced by the. following: 'Bodily injury" means bodily injury; sickness, or disease sustained by a person, including mental anguish or death resulting from,anyof these at anytime. 6. BROADENED NAJAED.INSURED Section 11.= Who Is An Insured is amended to include as an insured the following: Any organization which Is a legally incorporaI led 'entity in which you own a financial interest of more than 50 percent of the voting stock-on the-effective date of this endorsement will be a Named.finsured until'the 180th day or the end of'the policy period, whichever comes first; provided there Is no other similar Insurance available to that organization The Insurance afforded herein does not apply to any entity which Is also an insured under another polley or would be an;insured, under such poljcybut for Its termination or-the exhaustion of its limits of insurance. 7 BROAD ENED,PROPERTY.DAMAGE - BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liabilityis' subject to the following: a. The-DamageTo Property exclusion under section 1 Coverage A Is amended as follows: 1. The exclusion for personal property In the care, custody or control of the insured does' not apply to "propertyiamage"'to equipment you borrow while at a fib site and provided it is not being used by :arryone to perform operations,at the time of loss. 2. The exclusions for ;(a) Propqrty.loaned to you; .(b) Personal property in the care, custody or control of the insured; and ;(c) That particular part of any, property that must be, restored, repaired or replaced because "your work" was incorrectly performed on it do not appypto. "property damage". to "customers' goods" while on yourpremises nor do they apply to "property damage" arising from the use of elevators at premises you awn, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers Goods" is $35,000 per "occurrence". VCGZ07.070% Includes copyrighted material of Insurance 'servioes Office, loc. Page 3of7 CopyrigIA 2009. OneBeaton Insurance Group LLC POLICY NUMBER 71014061-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE.FORM The following schedule lists the. coverage extensions provided by this endorsement. Refer to the individual provi- sions to.determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 12. Employee Hired Autos 2.. Airbag Discharge 13. Fellow Employee Exclusion 1 Auto Theft Reward 14. Glass Repair - Waiver of Deductible 4. :Blanket Waiver of Subrogation 15. Hired Auto Physical Damage Coverage 5.. Bodilylnjury.Redefined - Mental Anguish 16. Lease, Gap Coverage S. Broad Form Named Insured 17. Liability Coverage - Supplementary Payments 7. Communications Equipment 18. Newly Formed or Acquired Organizations 8. Diminution in Value 19. Physical Damage - Transportation Expenses 9. Drive Other Car - Executive Officers 20. Rental Reimbursement-Private Passenger 10: Duties In the Eventof Accident, Claim, Suit or Loss Vehicles 11. Employees As Insureds 21. Towing -An Covered Auto 1. ADDITIONAL INSURED-BY CONTRACT The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is amended to include as an additional "insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Farm. Such person or organization is an "Insured" only with respect to liability for "bodily Injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respectto the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contrail or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos' when their contractor agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges Without the vehicle being involved in.an accident. No deductible applies to this additional coverage. However, this coverage only applies it the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event. of a covered loss, for information leading to the arrest and con- victlon of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty. 4. BLANKET WAIVER.OF SUBROGATION The Transfer Of Rights of Recovery Against Others To -Us condition under SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We.will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out. of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property.damage'": 6. BODILY INJURY REDEFINED -MENTAL ANGUISH The definition of "bodilyinjury":under SECTION V - DEFINITIONS is replaced by the following: ,Bodily injury" means'bodilyinjury, sickness; or disease sustained by a person, including mental anguish or, death resulting from,any of these at any lime: VCA 2010109 Includes copydbhted material of Insurance Sewices.OKce. Inc. Page 1 of 5 "Copyright.2004, OneBeacon Insurance Group LLC E-INSURED POLICY NUMBER: 711014061-0000 b. Return the stolen property, at our expense. S. Other Insurance We will pay for any damage that results to a. For any covered "auto' you own, this cov- the "auto" from the theft; or erage form provides primary. insurance. c. Take all or any part.of the damaged or For any covered "auto" you don' own, the stolen property at an agreed or appraised insurance provided by this coverage form - value. is excess over any other collectible insur- If we pay for the "loss", our payment will ante. However, while a covered "auto" Include the applicable sales tax for the which is a Trailer" is connected to another damaged or stolen property. vehicle, the Liability Coverage this cov- 5. Transfer Of Rights Of Recovery Against erage form provides for the "bailer" is: Others To Us (1) Excess while it is connected to a. if any person or organization to or for-whom motor vehicle you.do not own. we.make payment under this coverage form (2) Primary while it is connected to a cov- has rights to recover damages from another, ered "autn" you own. those rights are transferred to us. That person b. For Hired Auto Physical Damage Cover- or organization must do everything necessary age, any covered "auto you lease, hire, to secure our rights and must do nothing after rent or borrow is deemed to be a covered "accident or "loss" to impair them. "auto" you own. However, any "auto' that B: General Conditions is leased, hired, rented or borrowed with a driver is not a covered "auto". 1. Bankruptcy c. Regardless of the Bankruptcy or insolvency of the insured" or provisions of Paragraph a. above, this coverage.form's the insured's"'estate will not relieve us of any. Liability Coverage is primary for any lability obligations candor thic coverage form. assumed under an -Insured. contract-. 2. Concealment, Misrepresentation Or Fraud d. When this coverage form and any other This coverage forth is void in any case-of fraud coverage form or policy covers on the by you at any time = it reiates,to a,6 cuxerage same ITaais, either excess ur Plumy, we form. It is also void if you or any other will pay only our share.'Our share is the Insured", at any time, intentionally conceal or proportion that the Limit of Insurance .of misrepresent a material fact concerning' our coverage form bears to the total of a. This coverage form; the limits of all the coverage forms and b. The covered "auto'; policies covering on the same basis. C. Your interest in the covered "auto"; or 6. Premium Audit a. The estimated premium for this coverage d. A claim under this coverage form, form is based on the exposures you toll 3. Liberalization. us you would have when this ooticy If we revise this coverage form to provide began. We will compute the final premium more coverage withoyt additional premium due when we determine your actual charge, your policy will automatically provide exposures. The estimated total premium the additional coverage as of the day the will be credited against the final premium revision is effective in your state. due and the first Named Insured will be billed for the balance, if any. The due 4. No Benefit To Bailee - Physical Damage dale for the final premium or retrospactivo Coverages premium is the date shown as the due We will not recognize any assignment or date on the bill. If -the estimated total grant any coverage for the benefit of any premium exceeds the final premium due, person or organization holding, storing or the first Named Insured will get a refund. transporting property for a ,fee regardless of b. If this policy is issued for more than one any other provision of this coverage form. year, the premium for this coverage form win be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 010310 0 Insurance services office, 1n..2009 Page 9 of 12 CITY OF ASHLAND Council Communication April 15, 2014, Business Meeting Special Procurement - CERT Antenna Install @ Fire Station #1 FROM John Kams, Fire Chief, john.kams@ashland.or.us SUMMARY This Contract-specific Special Procurement is being processed to directly award a contract to Day Wireless to install a new antenna at Fire Station #1 that will provide emergency radio services and dedicated capabilities for emergency radio traffic. BACKGROUND AND POLICY IMPLICATIONS: This procurement will enable CERT to work directly with the department's service provider who is familiar with the City's existing emergency radio communications system and has extensive experience and knowledge installing first responder and emergency radio communications equipment. For more information, please refer to the attached Request for Approval form. A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. FISCAL IMPLICATIONS: CERT (Community Emergency Response Team) acquired a grant to procure and install this antenna at Fire Station #1. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Contract-specific Special Procurement' 'be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Contract-specific Special Procurement to directly award a contract to Day Wireless to install the emergency radio communications antenna at Fire Station #1. Page 1 of') CITY OF ASHLAND ATTACE MENI'S: Special Procurement Request for Approval Form Day Wireless, Quotation #8811-01 Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Karns, Terri Eubanks Date: April 15, 2014 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland CERT / Ashland Fire & Rescue 2. Department Contact Name: Terri Eubanks - CERT Program Coordinator 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Upon Council approval To: - 90 Days (After receipt of order) 5. Total Estimated Cost: $5.792.49 6. Short title of the Procurement: CERT Antenna Install na, Fire Station #1 Supplies and/or Services or class of Supplies and/or Services to be acquired: CERT (Community Emergency Response Team) acquired a grant to procure and install a new antenna at Fire Station #1 that will provide emergency radio services and dedicated capabilities for emergency radio traffic. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Form #9 - Spedal Procurement- Request for Approval, Page 1 of 3,4/4/2014 Proposed procedure: CERT is proposing this contract be directly awarded to Day Wireless 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Day Wireless has consistently provided dependable and reliable services (labor technical support and equipment) for Ashland Fire & Rescue emergency communications system This procurement will enable CERT to work directly with the department's service provider who is familiar with the existing equipment and has extensive experience and knowledge installing first responder and emergency service personnel communications equipment Day Wireless currently installs maintains and repairs the radio system, both mobile and portable for AF&R. This project will involve integration of systems that they have specific knowledge of and we want to maintain our current quality of service The hardware is also being supplied by Day Wireless and they have knowledge of component capabilities and limitations. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Day Wireless has extensive knowledge and experience working with AF&R's radio communications system. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 27913.060, 279B.065, or 27913.070, or any rules adopted thereunder because: Day Wireless has extensive knowledge and experience building and maintaining AF&Rs emergency radio communications systems and it is in the City's best interest to have Day Wireless install and integrate this new antenna at Fire Station #1 (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,4/4/2014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [April 16, 2014 - If approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [April 16, 2014 - If approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [April 15, 2014 - If approved by Council]. This Contract-specific Special Procurement was processed to request approval to directly award a contract to Day Wireless. CERT (Community Emergency Response Team) acquired a grant to procure and install a new antenna at Fire Station #1 that will provide emergency radio services and dedicated capabilities for emergency radio traffic. Day Wireless has extensive experience building and maintaining the Fire Department's emergency radio communications systems, and it is in the City's best interest to have Day Wireless install the antenna and integrate it with the existing emergency radio communications system. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520, Telephone 541488-5354. The seven (7) protest period will expire at S:OOpm on [April 23, 2014 - if approved and posted Apri116th] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 4/4/2014 TstCity of Ashland, Oregon - RFPs Page 1 of 2 City of Ashland. Oregon / Administrative Services / Purchasing Program / RFPs Purchasing Program Posting Number: PUBLIC NOTICE Project Name: SPECIAL PROCUREMENT - CERT ANTENNA INSTALL AT FIRE STATION 1 Opening Date: 4/16/2014 Opening Time: 5:00:00 PM Due Date: 4/23/2014 Due Time: 04/2312014 Description: PUBLIC NOTICE Approval of a Special Procurement First date of publication: April 16, 2014 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on April 15, 2014. This Contract-specific Special Procurement was processed to request approval to directly award a contract to Day Wireless. CERT (Community Emergency Response Team) acquired a grant to procure and install a new antenna at Fire Station #1 that will provide emergency radio services and dedicated capabilities for emergency radio traffic. Day Wireless has extensive experience building and maintaining the Fire Department's emergency radio communications systems, and it is in the City's best interest to have Day Wireless install the antenna and integrate it with the existing emergency radio communications system. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 2796.055, 279B.060, 27913.065, or 2796.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520, Telephone 541-488- 5354. The seven (7) protest period will expire at 5:00pm on April 23, 2014. http://www.asMand.or.us/RFP.asp?R.FPID=167&Print=True 4/16/2014 TstCity of Ashland, Oregon - RFPs Page 2 of 2 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. NOTE: There is no bid packet to download. If you have any questions and/or would like more information, please call 541- 488-5354. Thank you. Request Bid Packet PRINT CLOSE http://www.ashland.or.us/RFP.asp?RFPID=167&Print=True 4/16/2014 Page 1 / 1 ASHLAND G I T Y O F Oi Y RECORDER 20 E MAIN ST. 5/2/2014 12230 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000579 SNIP To: Ashland Fire Department DAY WIRELESS SYSTEMS (541) 482-2770 P 0 BOX 22169 455 SISKIYOU BLVD t-g MEDFORD OFFICE ASHLAND, OR 97520 MILWAUKIE, OR 97269 FOB Point: Req. No.: Terms: Net 30 days Dept: Req. Del. Date: Contact: Terri Eubanks Special Inst: Confirming? No Quantity :.Und-_~ Desori tlon •°oUmt Price- =".Ext:Price, CERTAntenna Installation 5,792.49 Location: Fire Station #1 Special Procurement Approved by Council April 15, 2014 Contract for Goods and Services Beqinninq date: April 24, 2014 Completion date: June 11, 2014 SUBTOTAL 579249 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 5,792.49 ASHLAND, OR 97520 Account Number ciProject NUmber Amount "rAccountftrnber Projeot'Numbev , 'srAmount' ` E 110.07.51.00.60350 E 000024.999 3,301.73 E 110.07.51.00.61035 E 000024.999 2,490.76 AuthO ed Signahlre / VENDOR COPY FORM #3 f~ CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: a/>~/zola Required date for delivery: Vendor Name Day Wireless Address, City, State, Zip 3669 Aviation Way Medford, Oregon 97520 Contact Name & Telephone Number Danny Thompson 541-580-2206 Fax Number 54 _ SOURCING METHOD ❑ Exempt from Com etitive Bidding ❑ Emergency ❑ Reason for exemptio . ❑ 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 ote or roosal attached ❑ Small Pro urdment Cooperative Procurement Less than $5.060' ❑ Request for Proposal (Copies on file) ❑ State of Oregon Direct Awafd Date approved by Council: Contract # ❑ VerbalAyntt%n uote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS4 SERVICES " ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000tto $100.000 ❑ Written quote or proposal attached Agency ❑ /3) Written quotes and solicitation attached ❑ Fow#4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $51000 to 875.000 [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 proposalshvritten solicitation Date approved by Council: 4'h✓-1 (Dale) ❑ Form #4, Personal Services $5K to $75K valid until: s h ffi-A e-+"- Date Description of SERVICES Total Cost x$5792'49' , ;r Radio communications arts and installation Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL'COST- ❑ Per attached quotelproposal $iFl1x 7~q- FK r,~rGr a ; Project Number 000024-999 Account Number 110.07.51.00.603500 = $3,301.73 Account Number 110.07.51.00.610350 = $2,490.76 Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/No By signing this requisition form, I certify that the y's public con cling requirements have been satisfied. Employee: ~I Department Head: rd,) Department Manager/Supervisor: City Administrator: (Eq I to or greater than $5,000) (Equal to or greater than $3p,000) Funds appropriated for current fiscal year., 6; / NO Al/_ yu~r J~ s / '?0/ Finance Director- (Equaltoorgreaterfhan 85,000) Date Comments: Fonn #3 - Requisition