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HomeMy WebLinkAbout2014-270 Contract - Day Wireless Systems Emergency Communications Systems - Repairs & Maintenance CITY OF CONTRACTOR: Day Wireless ASHLAND CONTACT: Calvin Emigh 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: 09/23/2014 FAX: 541-772-5401 BEGINNING DATE: 09/23/2014 COMPLETION DATE: 06/30/2015 COMPENSATION: Standard hourly rate and mobile installation costs attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Repairs, maintenance, technical support and consulting services for the City's emergency communications and notification systems. Class-Special Procurement approved b Council August 19, 2014. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of Ashland Contract. 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. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, 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 $20,142.20 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 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, count or other sources is not obtained and continued at levels Emergency Communication Systems - Repairs & Maintenance, Revised 07/08/2014, 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 Emergency Communication Systems - Repairs & Maintenance, Revised 07/08/2014, 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. Nona ppropriations 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 r rence. Con a or: City of Ashland By ( CL By Signature i Depa ment Head Pa Uy t-v\ w\. c ham- Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Emergency Communication Systems - Repairs & Maintenance, Revised 07/08/2014, 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: 0 f- (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. (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 kl- 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) Emergency Communication Systems - Repairs & Maintenance, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE • per hour effective June 30, 2014 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland emmpp or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the.City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Emergency Communication Systems - Repairs & Maintenance, Revised 07/08/2014, Page 5 of 5 r DAY WIRELESS SYSTEMS Kariann Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541.488.5354 Kariann, the 2014/2015 standard labor rates are $130/hr. The labor rates reflect work outside the annual maintenance agreement and installation schedule. • $130 per hour • Mobile installations are as follows: o $285 standard dash mount o $385 remote dash mount o $485 Ambulance/HD vehicle o Fire truck installs require quote due to equipment variances Thank you, Calvin Emigh Service Manager Day Wireless 3669 Aviation Way Medford, OR 97504 651-772-5602 3669 Aviation Way, Medford Oregon, 97504 - 541-772-5602 Office / 541-772-5401 Fax DAYMANA-01 MELODYK ACORL~" CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDO,YYYY) 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 policy(jes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Melody Kirkendall NAME: E: Durham and Bates Agencies, Inc. PHONE (503) 224-5170 ~ No : (503 221-0540 720 SW Washington St. Ste250 Arc N Ell): Portland, OR 97205 ADMD~RESS: melody k@dbates.com INSURERS AFFORDING COVERAGE NAIC8 INSURER A: Atlantic Specialty Ins, Co. INSURED INSURER B : Hartford Day Management Corporation dba: Day Wireless Systems INSURERC: 4700 SE International Way INSURER D: Milwaukie, OR 97222 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANCE POLICY NUMBER (MMJD0NYYYl F MM DIYYYYJ EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TORt:NIEff__ A X COMMERCIAL GENERAL LIABILITY 711014061-0000 812012013 10/112014 P REMISES Ea occurrence S 1,000,00 CLAIMS-MADE a OCCUR MED EXP (Any one person) $ 10,00 X $1,000,000 Umbrella PERSONAL& ADV INJURY $ 1,000,00 X Washington Stop Gap GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,00 POLICY PRO- X Loc A Emplrs Liab $ 500,00 AUTOMOBILE LIABILITY COMBWED SINGLE LIMIT 11000,00 Ea a.Ndant $ A X ANY AUTO 711014061-0000 812012013 1011/2014 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS S UMBRELLA LIAO OCCUR EACH OCCURRENCE $ EXCESS LIAB L CLAIMS-MADE AGGREGATE $ OED RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS B ANY PROPRIETOR/PARTNER/EXECUTIVE YJ N 52WEL.N9641 101112013 101112014 E.L. EACH ACCIDENT a 1,000,00 OFFiCERIMEMBEREXCLUDED? FN-] NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE S 1,000,00( WA RIPTTIION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) See attached forms VCG245 02 05 Additional Insured-Designated Person or Organization; VCG207 07 09 Vantage for General 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 WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: DAYMANA-01 MELODYK LOC 1 - Page 1 of 1 ACORCI' ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Durham and Bates Age nvies, Inc. Day Management Corporation dba: Day Wireless Systems 4700 SE International Way POLICY NUMBER Miiwaukie, OR 87222 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECnVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance 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 ENDORSE 4ErTI' CHANGES THE POLICY. PLEASE READ TT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - 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 * Information required to cornpkft this Schedule ifnot shown on thisetAwmneM will be shown in the Declarations. VCG 245 02 05 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of I Copyright 2004 POLICY NUMBER: 711014061-0000 THIS`ENDOR$EMENT:CHANGES THE.PQLICY., ,PLEA$E;READ iT CAREFULLY. @VANTAGE FOR -GENERAL LIABILITY `TECHNOLOGY:C:O M PAN IES -This endorsement modifiesinsurance.provided':underthe%following:: COMMERCIAL GENERAL LIABILITY`COVERAGE:FORM The following :schedule' lists ft coverage extensions provided by 'this 'endorsement: :Refer to the individual provisions'. to detei:miiie;thd ezteiit of :t'o'ur coverage. 5CHEDU E`OF COVERAGE EXTENSIONS 1:: Additional ;Insured -13 road Form: Vendors 1, Coverage Territory= Worldwide 2; Additional insured - by. Contract,Agreement or 9. Duties in Event of occurrence; Claim or Suit Permit. relating to: 0. Expected.or.1niended Injury' D). o' VVorfc performed byyou 11 Incidental Medical Wilpractice a Premises yo.u own,;rent; lease;or;occupy' 12. Medical Payments; a .Equipment you lease, 13. Mobile.,Equipment Redefined 3. Aggr ,gate'LimH Per Location 14. Newly?Acquired or Formed Organizations 4. Blanket Waiver of Subrogation; :15.. Non-Owned:AlrcrafG 5. Bodily Injury Redefined -.Mental.Anduidh 16. Ndh'OWried;Waterciaft 6: Broadened Named Insured 17.. Personal and,Advertising Injury 7. Broadened Property;Damage. 18 Product Recali.Expense o Borrowed Equipment 194 Supplementary Rayments'Increased' Llmits o. Customers"Goods o' Use of`Elevators 1. ADDITIONAL INSURED-'BROAD FORIVIVENDOR8: Section II - Who Is An Insured is amended tolndlude awan additionai insured.any person(s) or organization(s) (referred to below as vendor) with whom: you agreed fn a written contract or agreement to provide insurance,. but only with respect to "bodily,!hjury:or "property damage" arising out of "yourproducts" which are distributed or sold in the regularcourse of the vendor's bus! hess subiect to tf a folowing add iondexclusions . a. This provision C does, not apply to (1j "Bodiy injury or "property damage" forwhich he vendor as obligated to pay damages by reason of the assumption of liability in~a:contracf or agreement. This.exciusion does not apply to lability for damages that the vendor-would have in the absence•of the contract or agreement; (2) Aqy express1warranty;nof:a . on1z. by'you; (3) Any physical or chemical change in'the product: madelritentionally by the vendor, j4) Repackaging, except when -unpacked solely for th_e purpose of Inspecti on, 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,:adjustments, tests orservicing _As the-vendor has agreed to make or normally. undertakes--to make: in the usual course of bus.ines's, in connection -with the distribution or sale.of the products; (6) Demonstration, installation, 'servicing ;or repair 'operations, except such operations performed at the vendor's premises"in connection with the sale of the product; (7)' Products WhicK,:after distributiori:orsale by you, have beenrlabe1ed or,relabeled or used as a.container, part or irngredient of, anTother thing or substance by or for,th6 vendor, or (8) 'Bodily injury'' or "property damage":arising .out of the sole negligence :of the:vendor for its own acts or omissions-or thoser.of its employeesior.anyone,-else.acting.on its behalf: However, this exclusion does not apply#o: (a) The:exceptions'contained in Subparagraphs 4. or B.;'or VCG 20T07109 Includes copyrighted maierial of lnswance`5ervlces Office, Inc. Page i of 7 Copyfight 2009; Onel eecon Insuraho6 Group LLC E-INSURED (b): ;Such inspections, adjustments, tests; or, servicing as the vendor' has agreed Eo make or, normally undertakes to; make in the°usualcourse of business,' in connection,with the distribution or sate of the! products, . (9) Any vendor; person' or organization if the "products=corrIpleted operatlon§ hazard" Is excluded. efther.by the provision"s;of,tfie Cover.-a- &F, rm"ar by endorsement: " b: This insurance does not apply #a any, insured person or organization;; from, whom you have acquired -such products, oranyingrediient; part or'container;:aniedng;into;.accompanying orcontaining such products. 2., ADDITIONAL-.INSURED CONTRACT„AGREEMENT,OR;PERMIT' a. Section I) Who Is An Insured *:'is .amended to include. as. an additional insured. any person(s) or organ6 zation(s):Iwith whom you :agreed' in w-written. contract, written agreement:or perrnit to provide insurance-,such, as-is afforded,undertfiis Coverage Part, butionly with respect:to.liability•for'bodily injury", "property~damage". or "personal and advertising injury") caused; in whole or in part;: by. your acts :or omissions or the acts.;or omissions•ofahose:acting on your behalf: 1., In the performance of NpurworV'forlhe--additional insureds) at the location designated in the contract,, agreement or permit; or 2. l'n tlie-maunfenance, operation or'use :of equipment leasetl toyou; _'such persons or organlzabon s , or 3. Imconnection wikh;premisewyogown, rent; lease or occupy.- This insurance apptie.1 o a, primary or. 'primary and non=contributory basis if that,is required in wn ng,.by tfia contract,:agreement or permit.. b.. The insurance provided to:the additional'insured herein is:limited.* This insurance does not apply:: 1; Unless (a) the written contract..agreement?orpermit is currently in effector becomes effective duri ng-the term of this-•poky;;and (b)' the 'contract .or agreement: was executed or permit 'issued prior to "the. "bodily.injury", "property damage"; or""personal and, advertising injury"; 2. To any- person or" organization included. as :an, insured under the Additional, Insured Broad Foam' WirdorsproVision of. this~endorse' Tent 3. To any person or'organization`included as-an insuredby an endorsement issued by.us and._made part of this,Coverage`Part; g y ' fury, property. damage,,. or - personal and advertising q. To'ariy person or 'or"anlzatlon if'the, "both m " " injury":arises out of the.7endering:.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) $uPervisory, inspection, architectural arengineering activities.. 5. To any: , (a) Lessorof equipmenf after the eguipmenf.lease.terminates or expires; or (b). Owners or:other interests'-from whorriJand has been ease ; or' (c) Managers or,lessorstif premises if: (1 'The "occurrence"'takes; place afteryou cease td be a tenant in that 'pre M[ses; or. (2) 'The'"bodlly,mjury "property'damage"; "personal and advertising injury"`arises out of structural; alterations; new construction ordemolition operations performed by or on behalf of"the manager. or lessor. 6. To "bodily'irijWy,or "property;damage" occr mrig'after: (u'i) All work•on:the project (other than service; maintenance or repairs)4o be performed by oron behalf.of the additional insured at the'site of the covered operations has been-completed; or (b) That portion of "your work" out ofwWch the injurynor damage 'arises h"as been-put'to.its intended use' by any person or organization ;other than another contractor or subcontractor engaged in performing operations for a'principal as paitof the same project. Page :2 of 7 Includes copyrighted matedal of Insurance Services Qtrice; inc: Vda 207 07;09. Copyrigl t2009, OneSeacon.lnsurance Group LLC c. Llmits:of Insurarsce'applicable to % the additional.insured are those specified in the contract; `agreement or permit or In. the^Declarations of this ;policy, Whichever-Is less; and. fix the most we will pay, regardlessiof the number:ofa _ 1. ;Insureiis~ 2. Claims made1-or-"suits" brought; or 3. ,Persons i5r_otganiiaaons making claims or.bnriging "suits''. These llmits• of Insurance: are Inclusive of ;and not in addition 'to. the Limits, of Insurance.. shown in the Declarations. 3; AGGREGATE LIMITPER LOCATION a. Under',.Section 111:~.Limits.of Insurance; the General:Aggregate.Liiriit appie§ separately'to each.oY;yoiir locations" owned 6y,or rented•or leased.'to:you. b. Under'Secfion V'-.Definitions, the following definidon_is added:' "L'ocation" means premises involving the same or-connecting lots, or• premises whose bonridttion •is ihtei•rupted-only bya street, roadway.Waterway or, right-of-way:ot-,asailroad. 4. BLANKET.WAIVER bF~SUBROGATION Section: IV - Transfer- of Rights of. Recovery Against Others to Us Condition is amended..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-or damage arising out of your ongoing operations done. under a written contract•oragreementwith that person, or;6id5hization and included in 'your work" or the ".products-completed operations hazaid".'This wai'v`er applies only to persons or organizations with whom-you have a written contract, executed prior. fo #tie "bodiy:ihjtiry." or "ptopeity damage", that requires you to waive your rights of recovery. S.; BODILY INJURY REDEFINED - MENTAL ANGUISH Under Section V, ttie definition of "bodily injury" is replaced bythe. following: "Bodily injury":means bodily injury; sickness, or disease sustained.by a person,. including mental anguish or death resulting from-any-of these at anytime. 6. BR6A6ENED NAWD.INSURED Section 11--WholsoAn Insured is amended to include as an insured the following: Any organization which is a legally incorporated ".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.l'nsured until'ihe 180th day or the end of`•the policy period, whichever comes first; provided there Is no other. similar Insurance availablelto that organization. The insurance afforded hereln does not apply to any entity which Is-also an insured under another policy or would be.an'insured, under. such pogcy;but for its termination. or the exhaustion of its limits of insurance. 7. BROADENEDVROPERTY,DAMAGE - BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "propertydamage" liability is subject to the following: a. The D; image To Property exclusion under Section 1 Coverage A is amended as follows: 11. The' exclusion for personal property In the, care, custody' or control of the insured does' not apply to "property".damage" to equipment you borrow while at a job site and provided it is not being used by 'anyone to perform operations~at the time of loss. 2. The exclusions for ;(a) Property,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 applyIto. "property damage" to "customers' goods" while on your•premises nor do they apply to "property damage" arising from the use of elevators at premises you own, 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". VCG 267.07_00'i Inciudes copyrighted material of Insurance'Services Office, Inc. Page 3 of 7 Copyright 2009, OneBeacon 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 3 Auto Theft Reward 14. Glass Repair - Waiver of Deductible 4. Blanket Waiver of Subrogation Is. Hired Auto Physical Damage Coverage 5. Bodily Inipry.Redefined - Mental Anguish 16. Lease, Gap Coverage 6. 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 Event of 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 11 - 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 Form. 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 respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract 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 if 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- viction 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 "proper Aamage": 5. BODILY INJURY REDEFINED - MENTAL ANGUISH The definition of "bodilyinjury"Under SECTION V - DEFINITIONS is. replaced by the following: ''Bodilyinjury" means- bodily injury, sickness; or disease sustained by a person, including mental anguish or, death resulting fromlany of these at any time. VCA 20101 09 Includes copyrighted material of Insurance Services Office. 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 that or erage form provides primary- insurance. c. Take all or any part.of the damaged or For any covered "auto" you don't 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- S. Transfer Of Rights Of 'Recovery Against erage form provides for the 'trailer' is: Others To Us (1) Excess while it is connected to a It-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, Bred "auto" 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 riflhts 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 i. Bankruptcy a driver is not a covered "auto". c. Regardless of the provisions of Bankruptcy or insolvency of the "insured" or paragraph a, above, this coverage form's the "insured's"'estate will not relieve us of any Liability Coverage is primary for any liability obligations under this covvrege form. assumed under an 'Insured conlract". 2. Concealment, Misrepresentation Or Fraud d. When this coverage form and any, other This coverage form is void in any case-of fraud coverage form or policy covers on the by you at any time as itrelates,to this cuvcti-aue same baaib, either excess ur plinlaly, 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 policies covering on the same basis. b. The covered "auto"; 6. Premium Audit c. Your interest in the covered "auto"; or a. The estimated premium for this coverage d. A claim under this coverage form. form is based on the exposures you told 3. Liberalization us you would have when this oolicy If we revise this coverage form to provide began. We will compute the final premium more coverage without 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 ltnal 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 date fnr tha final premium or retrospective 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 will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 80 010110 10 Insurance Services Office, 1=.20o9 Page 9 of 12 Page 1 / 1 CITY OF T H LAND DATE O NUMBER AS 20 E MAIN ST. 9/3/2014 12476 ASHLAND, OR 97520 mift (541) 488-5300 VENDOR: 000579 SHIP To: Ashland Fire Department DAY WIRELESS SYSTEMS (541) 482-2770 P 0 BOX 22169 455 SISKIYOU BLVD MEDFORD OFFICE ASHLAND, OR 97520 MILWAUKIE, OR 97269 FOB Point: Req. No.: Terms: Net 30 davs Dept.: Req. Del. Date: Contact: Kimberley Summers Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Repairs, maintenance and technical 10,000.00 support for the City's emerqencv communications svstems. Estimate for FY 2015: $10,000.00 Special Procurement Approved by Council 08/26/2014 Valid until 06/30/2019 SUBTOTAL 10,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.07.12.00.60350 5,000.00 E 110.07.13.00.60350 5,000.00 Autho ed Sigriye% VENDOR COPY FORM #3 CITY OF r: t a ASHLAND REQUISITION Date of request: 08-28-201 4 Required date for delivery: Vendor Name nny Wra1age Sygtamc Address, City, State, Zip PO Box 22169 Milwaukie. Oregon 97269 Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written 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 # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intemovemmental Agreement $5,000 to $75,000 Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K 08/26/2014 Valid until: 6/30/2019 Date Description of SERVICES Total Cost 1. repairs, maintenance and technical support in support of the City's emergency communications system $ 1,0,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 1 labor and minimal repair parts Not to exceed 1 $10,000.00 1 ❑ Per attached quotelproposal TOTAL COST $10,000.00 ` Project Number Account Number - - - - Account Number 110.07.12.00.603500 $5,000.00 Account Number 110.07.13.00.603500 $5,000.00 *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, 1 certify that the pity's public contracting requirements have been satisfied. Employee: i m A.0, p. v ,T A Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year NO g/ Finance Director- (Equal too reaterthen $5,000) Date: Form #3 - Requisition