HomeMy WebLinkAbout2014-098 Contract - Rogue Shred
Contract for Document Shredding
CITY O F CONTRACTOR: Rogue Shred, LLC
ASHLAND CONTACT: Mike Jacobson, miacobson(c.roguedisposal.com
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 8001 Table Rock Road, White City, OR 97503
Telephone: 541/488-6002 PO Box 3187, Central Point, OR 97502
Fax: 541/488-5311
TELEPHONE: 541-779-4161, 541-210-6506
DATE AGREEMENT PREPARED: May 13, 2013
BEGINNING DATE: April 1, 2013 COMPLETION DATE: May 31, 2015
COMPENSATION: Pricing schedules effective April 1, 2013 and April 1, 2014 are attached as Exhibit C.
GOODS AND SERVICES TO BE PROVIDED: Contractor to provide on-site document shredding and the shredded
material will be transported by the Contractor to an appropriate recycling location. Services will be provided on an as
needed basis for City departments.
ADDITIONAL TERMS:
9. (d) This contract may be terminated at anytime by the Contractor upon 30 days notice in writing delivered by certified
mail or in person.
Contractor will secure handling, transit, and prompt obliteration of the public records given to Contractor, including full'
obliteration of the contents and dates of the documents.
Contractor will not transfer public records or other records given to Contractor by the City from City offices and will not
sell, transfer or deliver such records to a third party, purposely or by mistake, prior to data obliteration. Data obliteration,
consisting of shredding, will take place at the City offices where the public records are stored.
Contractor hereby undertakes and indemnifies the City against any claims.or actions by third parties resulting from
Contractor's failure to protect the confidentiality of public records.
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, fumish 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 $19,494 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 b Contractor to perform work or services attendant to this
Contract for Document Shredding, Page 1 of 5
jontrract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
9. Termination:
a. Mutual Consent This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. . For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice. .
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligatiors 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
Contract for Document Shredding, Page 2 of 5
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 th e 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 insurer(s).to
the City.
e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work
under this contract The contractor's insurance is primary and non-contributory. The certificate will specify all of the
parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The
Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, 'the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES.TO BE BOUND BY ITS TERMS AND
CONDITIONS.
19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City s fiscal year budget Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is
required before any work may begin under this contract
21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference.
Contractor: ~j City of Ashland
By By a
Signature Department H d z
J7;1 LrEE. T, n/ErS/u4LC p `
Print Name Print Name LL- Jt
C5fpoa~ f79~ S/2-3 /Z,0/3 S I1
Title Date
L M
Purchase Order # > .
0
g
m
m is
;n ❑
Contract for Document Shredding, 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 membetship 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.
Contractor (Date)
Contract for Document Shredding, Page 4 of 5
€ic~tibit A .
EFFECTIVE april 1st, 2013
City of Ashland Pricing
SCHEDULED WKLY OR BI- SCHEDULED MONTHLY OR
WKLY BI-MONTHLY
RATE RATE
COMMERCIAL
40" Consoles $ 23.50 $ 25.00
35-gallon Shred Cart $ 26.35 $ 30.10
65-gallon Shred Cart $ 30.10 $ 33.90
95-gallon Shred Cart $ 36.35 $ 40.15
9 gallon box rent $ 1.20 per month
9 gallon box plastic $25.10 per pickup
65-gallon plastic $125.35 per pick up
hard drive destruction .$10.00 per hard drive
-Exhibit-B
EFFECTIVE april 1st, 2014
City of Ashland Pricing
SCHEDULED WKLY OR BI- SCHEDULED MONTHLY OR
WKLY BI-MONTHLY
RATE RATE
40" Consoles $ 24.20 $ 25.75
35-gallon Shred Cart $ 27.15 $ 31.00
65-gallon Shred Cart $ 31.00 $ 34.90
95-gallon Shred Cart $ 37.45 $ 41.35
9 gallon box rent $ 1.25 per month
9 gallon box plastic $25.85 per pickup
65-gallon plastic $129.10 per pick up
hard drive destruction $10.05 per hard drive
Z53W
AICORO CERTIFICATE.OF LIABILITY INSURANCE gr2WO13YY
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 policyCies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement =his certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
NAME:
PRONE FAX
Wells Fargo Insurance Services USA, Inc EJWL °X'
ADDRESS,
975 Oak Street, Suite 900 INSURER AFFORDINGCOVERAGE NMCO
Eugene, OR 97401 INSURERA: Greenwich Insurance Company 22322
INSURED NSURER e: XL Speciey Insurance Company 37885
Rogue Waste Systems, LLC MURER C: SAW Corporation 36196
PO Box 3187
asuRERO:
WSURER E:
Central Point, OR 97502 INSURER F:
COVERAGES CERTIFICATE NUMBER: 6615758 REVISION NUMBER: See below
THIS IS TO CERTIFY THAT THE POUCIFS OF INSURANCE USTID 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.
LM TYPEOFDLSIIRANCE POUCYNUMeER PhUUDUrre POOD' Users
A GENERAL UABILITY' .
GE0003582702 10112013 10172014 EACH S LDaO,D
X COMMERCIAL GENERAL LIASILRY PREMIS e m S t00,W0
CLNMS#IAOE IX OCCUR
X S1.030 BVPD Deduct Mm E~ °^a ^ f 5,000
PETtSONM.SADV INJURY S 1,000,000
GENERAL AGGREGATE f Zoog000
GENL AGGREGATE UMIT APPLIES PER PRODUCTS-COMPIOPAGG S 3,Ooo,000
POLICY PRO- UX S
B Auroaow UABtBr - AE0003682402 10!12013 1(1112014 COMBINED SINGIEUMIT -
eBINEO 1,000,OW
X ANYAUTO GODLY INJURY(IW pa ) f
AU. OWNED SCHEDUUFD lPVe¢Jdvn) f
Mhos AUros eooaY P URr
MRm AUTOS ~OED PROPERTY DAMAGE $
f
UMBRELLA UAe occUx EACH OCCURRENCE S
EXCESSUAB OLc)cUR OE
AGGREGATE f
OED 1. 1 RETENTIONS S
C AANDE LOYYEERS~w eIUTY rlx 519473 10112013 10N2014 X ~~AnJ- oTH-
A PROPWET PARRIEPJEXECUTIVE A EL EACH ACCIOENT S 300.000
OFFICEWA9ABER EXCLUDE01 NlA
(f1Aeddo`v M KM E.L DISEASE- EA EMPLOYEE f SOD.000
Nyn des .Mv
DESCRIPTION OF OP6iATI0N5 ERATIONSb*0W EL DISEASE
DESCR[PrTIONOFOPERATIONS/LOCATIONS!VM=LES IAtImA ACORD 101, AdAtlvMl RenmM1a SOLOWS, II mOn Apan6nRWrad)
The City of Ashland, Oregon and its elected olfidals, officers and employees are listed as additional Insureds but only with respects to the services
provided by Rogue Shred, LLC.
CERTIFICATE HOLDER CANCELLATION
City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
20 East Main SL THE 'EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97502
AUTHORDPD REPRESENTATIVE
The ACORD name aad logo are registered marks W ACORD ®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105)
Page 1 / 1
CITY OF
ASHLAND DATE PO NUMBER
20 E MAIN ST. 4/14/2014 12194
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 013536 SHIP TO: City of Ashland
ROGUE SHRED, LLC 20 E MAIN STREET
PO BOX 3187 ASHLAND, OR 97520
CENTRAL POINT, OR 97502
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Kris Bechtold
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Leqal Document Shreddinq 100.00
Contract for Document Shredding
Beqinninq date: April 1, 2013
Completion date: MaV 31, 2015
SUBTOTAL 100.00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 100.00
ASHLAND, OR 97520
Account Number Project Number Amount. Account Number Project Number Amount
E 710.01.03.00.60110 100.00
Authoriz Signature VENDOR COPY
FORM. #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: f"
Required date for delivery:
Vendor Name Rnri iF.cuRRn
Address, City, State, Zip
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emeroencv
❑ 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
❑ ritten quote or proposal attached
Lkr Small Procurement Cooperative Procurement
Les an '5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Direct Award Date approved by Council: Contract #
❑ VerbatlWritten quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other govemment agency contrail
$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 Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposalstwritten solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date .
Description of SERVICES Total Cost
~~O(I U lvi 2in2
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal / /74 G $
Project Number Account NumberMQ-0L-011PMO
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support-Yes/No
By signing thi qu'sitio form, I certify th thee Cittyy's pu tic cont fing requirements have been satisfied.
Employee: r C Department Head:
(Equal to or greater than $5,000)
Department ManagerlSupervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. YES / NO
Finance Director- (Equal to or greater than $5,000) Date
Comments:
Form #3 - Requisition