HomeMy WebLinkAbout2014-188 Agrmt - Irrisoft Inc
1' .1 INVOICE
I irl Oft Invoice Number: 5159
PO Box 6266
North Logan, UT 84341 Invoice Date: ]ul 1, 2014
Page: 1
Voice: 435 755-0400
Fax; 435 755-0415
BIIIYTO !'4irY;~sktk ~""p~(• (r~+rh ~ ° Si41~YiwL~z~ea!''1`};~~~~rrpp%r.E)Iq~l ~ +k ^~if7" ie"y ?Y~!'~ !~yY~`t ys~~ ~t~ fia , {,g8wtr, ,
~va.'~'~,~ ,k Y;. ~fA~~tr(<~~. ~.s(?:S $`A rShlP~to rtid Are.. t~~Pt.:e,~',an?r~•raiW.'~~'r~~i~'r~,y: S,nrk;~.
City of Ashland City of Ashland
20 E Main St. 20 E Main St.
Ashland, OR 97520 Ashland, OR 97520
United States United States
...k...__.....mer *,Payment Terms
Cusfo..._......~ROAM ......__._..i'r,.c.'~i_., r',5
Net • - 30 Da s
''3 r, i' ^R:',:rtw• mc~....,,p~.,-rapnm x^-rw*.^nm-:r: -w* rwa
„4fl,vShlpRmg,Metfiodr 5 Shl ~Date,DueDa}err
UPS Ground 7/31/14
nnc~!~,~' Item~I;~x,;,~;Modeliksr, Descnp4on°~~„~r,~"'-"~.~1;3~.~`!~~.y~"'~,~,~Senel~Numbers ~;Unrt)Pnce,2~Amountny,~'
3.00 WR-SS WR-SS Weather Reach Signal Services - 79.00 237.00
Ashland Parks weather station
Dates of Service: 7/1/14 to 9/30/14
RECE VED
JUL 0 7 2014
ACCOUNTS AYASLE
Subtotal 237.00
Shipping
Sales Tax
Total Invoice Amount 237.00
Payment/Credit Applied
;TOaTA010ii„11yllsA ` ,i ~ Ir k •r 4 ' s z r ?n ~~y r w237 OQ,
Appropriate shipping charges will be applied to products sent to Irrisoft customers.
Buyer will be charged finance fee of 1 1/2% (18% annual interest) per month of arty amount past due until paid. Buyer will also be charged reasonable attorneys fee
should collection by suit be required.
Irrisoft, Inc. shall have all rights and remedies of a secured party urider applicable state statutes.
Mar: 2. 2011 8:07AM ASHLAND PUBLIC WORKS No, 1740 P. 2
rarl s, oft. . • PO sox ax 4• Narih Logan, v .lr UT M41-8286
TM Teel R4 7
68-0400 • Fax 495-755-0475 • v~ww.irdabknH
bRnat
A CAMPHt7..t.. 6iIC C:GItvWANY
Weather Peach' 51pa l Sponsor Agreement .
Account Name' C„f ~y- ~Qrfi ~itncf~ rurrin.•fi/o., /~i rrs'
Address: .cC1 'Goo effalia tr S`/ W pun, r•, y
City: Stata' /)2 Zln' FzY.j r .
C_ontactNanie: 'e',"i Title: Wzg rerua{ro Hnn~r _
a ,
Telephone: S''t/. • S' - x 6,§FaX: I- Ts~ - d tl ~ -o
Email Address; @eL etr~ G7S/i~!•. a/. or. KJ
onsor shall funddthe Weather each 51 nal broadcast from the following weather station(s):
.
Station Owner: q, Z A& a~ Station Namefs7• /Wlr,,1
/ .
Station Locattonfsl; oa~ SF
/ Pemdsslon for +rrisoft, Inc. to acquire the weather data shall be eXemted under a separate agmement. .
r.
Start Date: / .2010 End Date J Renewal Date: ~u Y1 20
Weather Reach Signal Sponsor Fees; Number of Weather Stataens / X 79.00 ? 36 Months =
dditlarml services: i,
Billing Cycle Frequency: ❑ Mbnthiy ®•Ruarterly Q Annually ❑ Term - Total; &15
/ Q Credit Card - Typa: Name On Card: ® Bin on Account
Number: ~Uiratadn Date:
Card Si11in Address:
i
Mar, 2,-•21)11 8:08AM ASHLAND PUBLIC WORKS- No, 1140 P, 3 I.
Weather Reach Signal Sarvlces Agreement !
Will 11!
When reference to the Sponsor is published the following information may be included to.1dentify the sponsor '
Anonymous: _ Initial here If Sponsor prefers to remain anonymous, Irnsoft shall not reference
Sponsor in Published materials without written permission from the Sponsor.
Name: [C4 ol'I,Z' 66el (~n "curl & 66710--1
Pbone Number:.
WehslteAddress: Vyv✓v✓, 0r~44-„a/.or.ax
Logo Graphic File Name: V - -
File to be provided to Irrisoft, Inc. electraiticidlyr by Sponsor, Logo size shall he no larger than 1.25" high X 3"
wide. File slze to be no (anger than 15D KB, File type shall be jpg, bmp or.gif.
'three lines, Z.1 ta?ct characters each, will be displayed on the Rain Bird ESP-LX Modular Controller.dfsplay once
a day when the dial Is In the ET Manager / communications position, enter the desired text in the box below.
Suggested text Is the company name, phone ndmber and web address;
Weather Reach Signal
Sponsored By:
- - - - - - - - - - - - - - - - - - -
Terms and Canditions
WHEREAS, Sponsor has decennlaed it would like to have Irrisott, In (hereartarlydsart) provide certain
services (hereaftet servim) in connection with certain weabr stntlons; and
WHEREAS, Irricoft is willing to provde the services of operating a Weather Reach Sarver in accordance
with recommend procedures outlined'rn=the weather Rskch server ugors Guide (copy available upon
request) and Incorporarad by reference; and
WHEREAS, Irrisoft hae secured parmission to ao_ess the weather station(s) or weather network Qmreafipr
• stations); and
WHEREAS, Irrisoft has contracted for commercial wlNffess paging to broadcast weather datdi and .
WHEREAS, owners of Weather Reach Reaaivgw including but not limited to the Rein Blyde E-r Manager-
(hereafter Receivers,) can utilize a weather Signal broadcast; and
WHEREAS, IMsaft ban utlpze is Weather Reach Servers provide service to the puhllc to facaftato
communications between Stations and Readiiers; and-
WHeR°EAS, Irrbmft can publicly aCknowledge sponsor identity in connection with a Weather Region
assaclated with the `Heather Reach Slgrtal. ,
- •2of5-
Ma}. 2, 2011. 8:08AM ASHLAND PUBLIC WORKS No. 1740 P. 4
Weather Reach signal sarvlceg Agreement.
rrrsadRWar
I.. TERM D, Provide a public signal pmvider code for use with the
Recelvars.
Ttse term of this agreement shall be for the given period
and shall automatically renew thereafter far one (1) year E. Add necessary Information to the Signal provider
. periods unless carrroeed in writing by one party at least Ubrery, available to the public Information provided "
ono-hUndtad-elghty (180) days prior to the end of the Includes the signal provider code, as well as the
Term, (the "Tartu').. weather regions Included In the broadest, co"MCI '
information, and any specific instmckions for signal
II. Peen users,
A. Sponsor agrees to Pay'W Irrhtoft, without prior F.. Acknowledge Sponsor by displaying the Sponsor
demand therefore and without any deduction or Identification Information on-, 1- Weather Reach
aW*ff whatsoever, the rotel sum given In the fery Signal Provider Irirormabon sheet (Logo) 2- Display
and payment portion ofhe contractin ei4mce on on Roln gird ESP-Lx Modular controller with Er
the At day of each billing cycle during the Term of Manager cartridge programmed to raceNa Weather
this Agreement in the event the Term commences Reach Signal and Sponsored Weather Region (per
on a day other than the fast day of ft month, then provided screen text layout) 3- Srrisotkwabs8ti
teas shall be pair for the laldal fractional month (Lego and rink to websita) 4-Periodic Press Retsesee,
prorated on a par dime bads.
B, In addition to the loreof Sponsor to a rL Provide such other services as may be agreed upon
fees for optional services as outlined agrees In the contract In writing between the parties.
IV. OpMenal Saivicec
- C. Sponsor makes payment with no expectation thyt It '
will receive any return b2taflt•0ther then described In addition to the foregoing, Inisoft has agreed to
acknowledgement. ' provide the services listed In the fersand payment
D. After the Initial Tana nun ' lidortnatlDn section of the contract and Sponsor has
upon sty (90) days written agreed to pay the corresponding sum for each servlco.
notice to the. Sponsor, IrrisoIrmay change the fee
structure, Tf the proposed fee structure is V. nbiigetiont of Sponsor
/ unacceptable to the Sponsor, Sponsor may tertnFnate
this Agreamant upon one-hundmd-elghty, (180) days A. Sponsor must provide communication access In
written notice to lyft t Sponsor owned Stations.
/ E. Late Peymrntr, Time is of the essence for payment B. Grant pemilssign to access Stations nymptl by the
Therefore, Sponsor agrees to pay Irytsoft Interest for Sponsor,
amounts unpaid twenty (20) days after the date of
the Invoice at the rate of 1-5% per month until paid, C. For Stations owned by the Sponsor, the Sponsor is
Acceptance of late or partial payment: (even if responsible fory.mairtermnce, repair, replacement
marked 'Paid In FuI15 shall not Waive any of Irrisoft's and irmnlturing of the Stations, or other related
tights to mlleet the full amount Sponsor owes to devices, If any, and Irrisoft has no rasponsiol ty
Irrisoft For any checir or elodoonic payment whatsoever for the seine,
returned for nonpayment or for any credit card
charge-backs, Imisolt will assess an additional fee of D, The Sponsor Is responsible to notify Irrisoft promptly
$2540; or the maXimum amount as permitted by of any concems, problems, possible errors or
applicable law, whkhever Is less, malfunctians in arry of the Stations awned by the
lam, Scrricee Provided by Irriso.M Sponsor.
E. Sponsor shall notify Irrlcoft In advance of any
While this Agreement Is In erect, Irrisoft will: proposed change In location of Stations, owned by
the Sponsor,
Provide data collection from stations through e
WBatAer Reach Servar (Hie `Servare) controlled and F, Sponsor shall notify Irrisaft In advance or any
managed bylrrlsoft and transmit the data to an maintenance, proposed change in or modification to
uNimRed numberaf Receivers; Stations owned by the Sponsor,
0, Provide 2417 data monitoring of Stations, and I
transmit data from the Stations to the Recelvare;
C Through van of the commercial paging system, such VI, Eerujrss Not Provided By Itrwoft II
as USA Mo611lty broadcast data from Stations to V
/ Recelvem on an hourly or odor time sequence as A. IrrisoR is not responsible ror the accuracy of data
required by station owner, being racsived or aanamittad;
-3 of 5-
'Mar, 2, 2011 8,: 0941 ASHLAND PUBLIC WORKS No. 1740 P. 5 l
Weather Reach Signal Services Agreement
R. IrrLroft provides no monitoring of the frequency of x Acceptaitle. Use
watering, current aril, drainage or other weather
conditions, other than iranamltting weather data Public use of the Service Is limited to appropriate Lee of
obtained from Stations; - the weather signal and data. broadcast to Receivers.
G Ilrfsoft only provides Service in approved Itecelvers;
XI. Assigranars:
0: Itrisoft bears no responsibility for the coverage,
cOntinuRY Of strength of the signal provided; IrrUatc may assign, In wh01s or in part, its rights or
duties under this Agreement to any assignee. Subject to
2, Imsoft bears no responsibility for each Receiver's the reWdtlon9 herein, this Agreement shall apply to,
use of the Inromiadon transmitted by Irriso% • inure to the benefltof, and be binding upon the '
sumassors and assignees of the respective parries, .
VII. Paging System ,
XII. Default of Spdncor
A. Ifior any reason the commercial paging system,
such' as USA Mobility, is terminated, canceled, . • Sponsor will be In default under the Agreement if '
restricted, or temporarily out of service, than Irrisoft . Sponson (a) does not pay any sum when due, (b) ;
will make reasonable efforts W replace or restore the breaches the Agreement or any other agreement
. paging system, but lrrisoft cannot warrant the time between Sponsor and Irrlsoft, (c) becomes the subject or
fMrnQ within which or if this an be done. If a arty proceeding under the Bankruptcy Coda or (d)
replacament pagin g system is located, ir, isoft becomes Insolent. In all cases, Sponsor Is responsible
reserves the right to adjust the fees accordingly. . for payment of all charges and fees due to Irrisaf: under
B. AfaaurevPorlimltatlon thQ Agreement (Including any cNargas after a aankruptyy
upon the commardal paging filing), which charges wt0 be immediately due and 1
system such as USA Mobily, shall be treated as an payable.
•act of God,-for which neldlee party bears any i
rawnsibllity, or Ilabllity, whatsoever, XM. Ilemedles I
C. The signal coverage areas are beyond the control of If Sponsor Is In default, Ifrisoft may exerolse any and all f
Irrisolt, SBryICa Is only available When Receivers are legal remedles available to Irrisorl by applicable laws.
Within range or an antenna. Coverage maps are only Additionally, Indicant is entitled to all past due payments
appraxlmaGOns of comnarclal paging system, such and Irrisoft may acrelerate and require Sponspl' to
as USA Mobility, wireless coverage eves outdoors, immediately pay Wisaft the futora payments dap antler i
actual service coverage and quality may vary. There the Agreement pcesentvaluad at the discount rata of s0i
cosy be Saps in Service within the ealimafed percent (15%) to the date of default If the default is . I
coverage area: shown on mvQaga maps Evert capable of cure, Irrisoft shall not terminate the Service 1
within a coverage'ares, faders, such as: network wlftwut giving Sponsor ten (SO) days wrten notfco of i
dangas, emergencies, traffic volume, transmisslon the default and an opportunity to cure. It Sponsor falls
limits, service outages, technical limitations, signal to cure, IrrlsoR may suspend or cancel Service and , i
strength, receiver owner's equlpmeirt,. 6arshinate the Agreement and any other agreements l
inbu=11HIcting ®rrters, terrain, strucbi es, weather between Irrisoft and Sponsor and the *vieeav provided i
and other conditions (without limit) may Inbe fere under these agreements without further notice. L'rlsofYs 1
with actual Servica, quality, and avallablgty. Irrlseft remedies under the Agreement are not exdusNe but are
Is not liable for any Service limits, ralluras or in addnlon 0 aft other remedies provided by law and In i
outages. equity.
XIV. Cetaurt of Irrfsoft and Remiedlas of Sponsor '
' Vi22.' Discinirngr of Wari•aotfes Sponsor Waives any tiered or nonperformance in the,
Services furnished under this Agreement, In.Contractor
Irrfsoft makes no express dr Impned warranties with In tort, excyt arising from the gross neollgence or
respect to the Service, and hereby expressly disclaims intentional acts of Irrisoft, its agents or employees, and
the warranties of merchantability and fitnes:i for a in any event Sponsor shall not be entitled to claim any
particular purpose, loss of revenue or profit or any other direct, Indderiel or
consequential damages against Iryist% If Sponsor .
IX. Aeslgrlment of Resale of Services by Sponsor claims a default by Iniso%. Sponsor shall give Irriioft
1 . thirty (30) days written notice of the default and It .
Resale or remarketing Of the Servlcos provided herein or lrrfsoft falls to cure the default within a ninety (90) day'
Of this Agreement is protabited without prior written period, Sponsor's sale remedy is in cancel this
consent of Irrlsoft, which consent may be withheld in Agreement and to receive a refund for any services not
Irrisvft's sole dlscredon. provided through the fault of lrrisote but prepaid by
Sponsor.
' •4vFS- '
Mar, 2, 2011 8:IOAM ASHLAND PUBLIC WORKS No-1740 P. 6 j
Weather Reach Signal Services AgreemenE
i
%v. thdermlificatlon If any Federal, State or local govamment tax, fee, duty,
Each hareb or surcharge (collectively referred to as a °TaxO Is
er
sa 1
ve mreand •har mless the other, from add against anand required by y by Irrlso(t, thenilmbl~soft ahell bCollected ill Spona orforr suh
and all claims, demands, fines, aull%, actions, Tax, (b) Sponsor she0 timely remltsuch Tax to (rr'Qk '
pmceedings, orders, decrees and judgments of any kind and (c) Irilsoft shall, where applicable, remit such '
ornatum by or in favor of anyone whomsoever and from collected Tax to the appropriate taxing authority. If
and against any and all costs-end expanses, resulting Irrlsoft dogs not C01124 .1 Tax b=usa Sponsor has
from or in connection with loss of life, botilly or personal provided Irrsoft with evidece of exampdon, and If such
/ Injury or property damage arising, directly of indrecdy, as an exemption later determined to be Inadequate, I
M of or from the Services provided herein, except to the then, as between Irrisoft and Sponsor, Sponsor shall be
extant - solelY by gross negligence or intentional liable for such uncollected Tax and for all interest
acts, : panaltiPS and additions to Tax Which are dazemilned to
XnrI. Notlcap ba'dne with raapact to M.h tmmrlacted Tax. .
1¢16 Arbitration
WI notices required or permitted to be given hereunder
/ shell be in wilting and shall be valid and Buff icient IF Any controversy or daim arising out of or relating to this
diepetohad by (a) registered or certMed mail, postage Agreement shall be resolved by binding arbitration at the
prepaid, In any Post Office In the UNted States; (b) hand mquesc of eldwx party, The American Arbitration '
I ddlvery; (c) ovemight CA4Her, or (d) ht le Association shall administer the arbitration, and
transmission upon conflnnaUon of reoalpt by the judgment on the award rendered by the arbitrator may I
recipient. be entered in any court having jurisdiction, The exclusive ,
location for the arbitration Is in Logan, Cache County,
to I In, Utah. Both =acknowledge that this Agreement Is a
Irlsoft Inc transaction Nonliving Interstate commerce, and Is
P.O. Box U6.6 therefore governed by the Federal Arbitration Act. By
North Logan, Utah 64341 agreeing to arbitration, both parties are waiving their
IE.trr_SOOnsore -Moht to litigate In court including any right to a jury trial.
The parties agree that all claims shall be treated
To address provided in the Indlriduelly and there shall be no consolidation of claims '
Sponsor Information or deep actions,
section of this contract
7ttrlL Severability )4C Govatning Lawa / Choica of 1. 0W
This tate of Utah titwillbe governed antler the tavrs of Che'
Whenever possiblet each provision of this Agreement S
shell be interpreted in such•s manner as to be effective
and ya0d under applicable law. If any provision OF this X)M Attorney Fees '
Aglaenecrt shall be held by a court of competent
jurisdlx or by a duly appointed arbitrator to be irrvalid The parties agree that should either default in any of the
or unenforceable under applicable law, such provision covenants or agreements contained herein, the defaulting
shall be IoefNCUvO only to the extent of its •Invalidlty or party shall pay all costs and expenses, lnrludino a .
unenforesabllity, and the romaigder of such provislon and reasonable attomW6 fee, which may arise or eoor re
the remaining provisions of this Agreement shag remain from enforcing thts Agreement or In pursuing any remedy
are fun force and eff=L provided hereunder of pursuant be law or equity. ;
XVM Tax
71eRt9O SPONSO
all I BY[
6sr•PS•~-tre- rltlab ~yliyrl
OatC Oats ~v..1/~-iG.
IGV. Ek.
!
-5Of5- !
I
Page 1 / 1
CITY OF
ASHLAND rs ~t"DATE 1;' ,",`PQ NUMBER=a.: •
20 E MAIN ST. 7/16/2014 12377
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 015698 SHIP To: Ashland Conservation Dept.
IRRISOFT, INC (541) 488-5306
PO BOX 6266 20 E. MAIN STREET
NORTH LOGAN, UT 84341 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept:
Req. Del. Date: Contact: Julie Smitherman
Special Inst: Confirming? NO
'Quanti - -:Und . tires 1 a. ,.sDescn boor 3':"3 r~" " , f,"`'xe~r ,iUnit Price :Ext.'tPnce
12.00 Mo Weather Reach Signal Services 79.00 948.00
Quarterly billing of $237.00
First payment due 07/31/2014
Initial agreement 36 Months
Beg: August 1, 2010
End: July 31, 2013
Automatic renewals for one (1) year
periods
SUBTOTAL 948.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 948.00
ASHLAND, OR 97520
`Account Number b', yprojeetNumber - - ('Amount t;~rAccouetNumber °T"' ~4 ' ,~Prgect Number'^^: - ""-Amount;
E 670.01.06.00.61010 948.00
Aut orized Sign tore VENDOR COPY
ORM#3 CITY OF
A request for a Purchase Order ASHLAND
?ns/iaaz'
REQUISITION Date of request:
Required date for delivery
7/31/14
Vendor Name rrISO Inc
Address, City, State, Zip OX North 6266 Logan,
Contact Name & Telephone Number Steven Moore 435-755-0400
Fax Number 435.755.0415
SOURCING METHOD
❑ Exemot from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Wdtten findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
® Small Procurement Cooperative Procurement
Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract#
❑ VerbalMritten quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100.000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes 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 proposals attached Date approved by Council: (Date)
❑ Form #4, Personal Services $51K to $75K Valid until: (Date) I
Description of SERVICES Total Cost
M1`', i,J 4 P
$x94800
Weather station signal broadcast for reception coverage throughout
Ashland City limits. 1 year subscription. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
1 12 Months Weather Reach signal services (Quarterly billing of $79.00 $948.00
$237.00 First payment due on 7131114
TOTA04'd1
® Per attached quotelproposal "
'$94800 u',„k
Project Number
Account Number 670.01.06.00.610100 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 City's public contracting requirements have been satisfied.
Employee Signature: x 51~w ~~tS~ &V QLYj Department Head Signature:
Additional signatures ~d applicable): (Equal to or greater than $5,000)
Funds appropriated for current fiscal year. YES NO
Finance Director- (Equal to orgreaterthan $5,000) Date
Comments: Sx ~fttssgec~ aa2~S='tn CC)\(N at\t for nre ~oIa-V \ -k~~k n
JO ,
C~Y1'Ear(LC 'C I V1 c~ u:rY M
Form #3 - Requisition