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HomeMy WebLinkAbout2015-010 CONT Addendum - ECO Services Operations ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES Addendum made this 5"' day of January, 2015, between the City of Ashland ("City") and Rhodia, Inc. ("Contractor"). Recitals: A. On July 1, 2013 , City and Contractor entered into a "City of Ashland Contract for Goods and Services" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to transfer the agreement to Eco Services Operiations LLC from Solvay USA (formerly Rhodia, Inc.). City and Contractor agree to amend the agreement in the following manner 1. The agreement is being transfered to Eco Services Operations LLC from Solvay USA (formally Rhodia Inc.). 2. Except as modified above the terms of the agreement shall remain in full force and effect. CONTRACTOR: CITY OF ASHLAND: By BY pe rtment Head its 4>r; Lti l+ l L LC Date + + 5 DATE Purchase Order # Acct. No.: (For City purposes only) APP V •D AS TO FORM land Anst- Attorney Date` l T3 201 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR GOODS AND SERVICES 0111912015 CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYY1~ 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. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the - certificate holder in lieu of such endorsement(s). m PRODUCER NOME CT 'a AOn Risk Services Central, Inc. PHONE (g66) 283-7122 FAX (800) 363-0105 Philadelphia PA Office (AIC.No.EXt) ,C.No.: one Liberty Place ADDRESS: 0 1650 market street Suite 1000 Philadelphia PA 19103 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Insurance America Inc 24554 Eco Services Operations LLC INSURER B: Greenwich Insurance Company 22322 CN 9803 Cranbury N) 08512 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570056656868 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. Limits shown are as requested DL SUBR INSR POLICY FPF LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD (POLICYEXP MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY RGD EACH OCCURRENCE - $3,000,000 A DAM TO RENTED CLAIMS-MADE 7X OCCUR PREMISES Ea occurrence MED EXP (Any one person) PERSONAL& ADV INJURY $3,000,000 T uo GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $3,000,000 20 X POLICY ]JECOT O LOC PRODUCTS. COMPIOPAGG $3,000,000 0 0 OTHER: n B AUTOMOBILE LIABILITY PAD 9437732 12/01/2014 12/01/2015 COMBINED SINGLE LIMIT $2,000,000 Ea accident BODILY INJURY (Per person) O ANY AUTO Z ALLOWNED SCHEDULED - BODILY INJURY (Per accident) AUTOS AUTOS PROPERTY DAMAGE AUTOS v NON-OWNED Per accident HIRED AUTOS AUTOS C d H EACH OCCURRENCE U UMBRELLA LIAB OCCUR 0 EXCESS LIAR H CLAIMS. MADE AGGREGATE DED RETENTION A WORKERS COMPENSATION AND RWD3000601 12 01 2014 12 01 2015 X PER STATUTE OTTH. EMPLOYERS' LIABILITY YIN ANY PROPRIETOR I PARTNER I EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMSER EXCLUDED? ❑ NIA (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under D £SC RIPTION OF OPERATIONS below E.L OISEASE POLICY LIMIT $1,000, 000 - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Ashland is certificate Holder is included as Additional insured in accordance with the policy provisions of the General Liability and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE - POLICY PROVISIONS. F • City of Ashland AUTHORIZED REPRESENTATIVE 90 N. Mountain Avenue Ashland OR 97520 USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD Ei EC ERVICES Eco Services Operations LLC CN 9803, Cranbury, NJ 08512 October 29, 2014 RE: Solvay USA Inc. divestment of Eco Services Business Unit to CCMP Capital Advisors LLC Dear Valued Eco Services Customer: Solvay USA Inc. has entered a definitive agreement to divest the Eco Services Business Unit to CCMP Capital Advisors LLC, effective December 1, 2014. Under the terms of the agreement, we will operate under the name Eco Services Operations LLC. We ask that your team take steps to set up Eco Services Operations LLC as a. new vendor as soon as possible. Documentation for all activities, including shipments on or after December 1, 2014, will need to reflect Eco Services Operations LLC. 'T'aking these steps in advance of the close date will allow for a smoother transition while working and communicating with our new company. To facilitate the transition, attached you will find frequently asked questions and a copy of our W-9 form. Please do not hesitate to contact Rock Volney, Senior Credit Analyst 609 860-3181 or rock.volney cr solvay.com for any questions or further information, Regards, Jarnes I-Iarton CEO F- - ES EC ER Eco Services Operations LLC CN 9803, Cranbury, NJ 08512 As we continue to prepare for the transition to our standalone business, Eco Services Operations LLC, we remain committed to providing our customers with 100 percent reliability and outstanding Customer Service. We will begin operating as Eco Services Operations LLC on December 1. 2014. In order to assist you with your system updates, we have provided the key information, shown below. If you have any further questions, please direct them to your current contacts. Corporate office and Plant locations Corporate address: Eco Services Operations LLC CN 9803 Cranbury, NJ 08512 Plant addresses: Houston: 8615 Manchester, Houston, TX 77012 Baytown: 3439 Park Street, Baytown, TX 77520 Baton Rouge: (new address) 1301 Airline Highway, Baton Rouge, LA 70807 (Previously 1275 Airline Hwy) Hammond 2000 Michigan Street, Hammond, IN 46320 Dominguez: 20720 South Wilmington Avenue, Long Beach, CA 90810 Martinez: 100 Mococo Road, Martinez, CA 94553 Portland: 4429 N Suttle Rd., Portland, Oregon 97217 Frequently Asked Questions Will any contact information change for Eco Services Operations LLC? Your contacts will remain the same. Phone numbers will remain the same. Connnunication will be sent otit soon concerning email address changes. When should I address my Purchase Orders to Eco Services Operations LLC? Effective December 1, 2014, all documentation must reference Eco Services Operations LLC. Will Eco Services Operations LLC have a new Tax ID number? Yes - The new Federal. Tax ID number is 47-1611030. A copy is attached with this packet. How does this affect the current terms and conditions of my contract/agreement with Solvay USA Inc.? All obligations will remain full force in effect. There are no changes in contract terms and conditions. Ct" ERVICES E %is Eco Services Operations LLC CN 9803, Cranbury, NJ 08512 Where should I call to place orders? All customer service contacts remain the same. Orders will be handled in the same manner. Customer Service: 1-800-642-4200 Fax: 609-860-2224 Treatment Services Customer Service: 1-800-790-6617 What will happen to the existing orders that I have placed with "Solvay USA Inc." as the supplier? Your existing orders will be processed as usual, per your purchase order instructions; until November 30, 2014. Starting December 1, 2014 your purchase orders must reflect the change to Eco Services Operations LLC. How will this change affect my eBusiness with your company (Elemica)? At this time, there are no changes to the current connections through which to send and receive information. What will he the ne-*v "Remit to" for payments? For all activity through November 30, please follow the "remit to" information on your invoice. For activity beginning December 1 2014, the new remittance information will appear on your invoice as: HSBC BANK USA N.A. Account # 048427977 ARM 021001088 SWIFT #MRMDUS33 Continue to send your payment via the same method. Will I need to send new tax exemption certificates to Eco Services Operations LLC? Yes, your customer service representative will contact you to obtain a new Tax Exemption Certificate that rt,flects the new company Eco Services Operations LLC. Will I need to re-certify the products I purchase from your company? We have not changed our manufacturing processes. If your requirements require a re-certification for name change, then you should follow your company procedure. To whom do I send the Supplier information form? Please contact Rock Volney, Senior Credit Analyst @ 609 860-3181 or rock.volney cr solvay.com 2 SOLVAY asking more from Chemistry' October 17, 2014 City of Ashland ATTN: Kariann Olson 90 N. Mountain Avenue Ashland, Oregon 97520 Re: Notice of and Consent to Eco Services Transaction Dear Sirs: On July 30, 2014, Solvay USA Inc. ("Solvay") entered into an agreement to sell its Eco Services business unit to an affiliate of CCMP Capital Advisors, LLC ("COMP") (the "Transaction"). The Transaction is expected to close in the fourth quarter of 2014, subject to customary closing conditions. In connection with the Transaction, Solvay is seeking your consent to the transfer of certain agreements as set out below. Solvay appreciates and values the relationship it has with your organization and appreciates your understanding and cooperation in this matter. Effective upon consummation of the Transaction (the "Closing"), Solvay will transfer to CCMP (or an affiliate thereof) all of its rights, obligations and interest in the agreements entered into between you and Solvay that are identified in Exhibit A to this letter, including any referenced or associated general terms and conditions, confirmations, schedules thereto and other documents incorporated therein by reference (collectively, the "Agreements"). By countersigning this letter, you agree to the following: (a) to the transfer by Solvay to CCMP or its affiliate of each Agreement on the terms set forth below with each such transfer effective as of the Closing; (b) that notwithstanding any provision of any Agreement, no breach, default or obligation of Solvay or any of its affiliates or of COMP, or any of its affiliates or any of your or any of your affiliates' rights will arise as a result of the actions contemplated in paragraph (a) above or as a result of the Transaction; and (c) that, in consideration of the mutual covenants contained in this letter and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Solvay will be released and discharged from all obligations to you in connection with each Agreement and all liabilities, claims and demands arising under each Agreement whether arising prior to, on or after the Closing. This letter may be executed in any number of counterparts, and by each party on separate counterparts. Solvay USA Inc., CN 7500, Cranbury, NJ 08512-7500; Telephone: (609) 860-4000 Courier Address: 8 Cedar Brook Drive, Cranbury, NJ 08512 To the extent an Agreement is subject to a governing law and dispute resolution provision, this letter shall be deemed to be governed by the same governing law and dispute resolution provisions in so far as it purports to apply to such Agreement. In the event of a conflict between the provisions of this letter and the terms of any Agreement, the provisions of this letter will prevail. Please e-mail an attached pdf or fax your executed consent to the attention of Matthew Jacobs, Esq. at matthew.jacobs@solvay.com or 609-860-3680. Should you have any questions regarding this letter or your relationship with our Eco Services business, either before or after Closing, please feel free to reach out to your Eco Services' business contact Kurt Bitting at kurt.bittinggsolvay.com or 609-860-4477. Sincerely, Solvay USA Inc. so~crcau-t~ By: qt~~~ Name: Anthony Saviano Title: General Counsel - North America Acknowledged and Agreed To: City of Ashland c By: Title: e . ~ y 1,v I- r: _ K Date: 52014 RM O Ap=.~ 3 Date 2 Exhibit A 1. Contract for Goods and Services, dated July 5, 2013, between Rhodia Inc. and the City of Ashland Page 1 / 1 CITY OF S H LAND DATE PO NUMBER 20 E MAIN ST. 7/15/2013 11663 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000513 SHIP TO: Ashland Water Treatment Plant RHODIA INC (541) 488-5345 PO BOX 120257 ASHLAND, OR 97520 DALLAS, TX 75312-0257 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Greq Hunter Special Inst: Confirming? Yes Quantity Unit escription Unit Price Ext. Price THIS IS A REVISED PUR ASE ORDER 18.00 Load Rhodia Alum - WTP - F 2014 5,724.84 103,047.12 4500 Gallon Load A inum Sulfate (18) Loads (c-)- $5 4.84 per load Contragt f Goods and Services Begin q date: July 1, 2013 Completion date: June 30, 2015 SUBTOTAL 103 047.12 31LL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 103,047.12 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.19.00.60150 103,047.12 / J/ •G,~...e"" dos ` r i-1. K Authorized Signature VENDOR COPY I F O #3 CITY OF ASHLAND REQUISITION Date of request: 7-1-13 Required date for delivery: 7-1-13 Vendor Name RHODIA INC. Address, City, State, Zip 4429 NORTH SHUTTLE ROAD Contact Name & Telephone Number PORTLAND, OR. 9721 503 - 286 - 4451 Fax Number 609 - 860 - 2223 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 attached ® Special Procurement Contract # PERSONAL SERVICES ❑ Form #9, Request for Approval Intergovernmental Agreement $5,000 to $75,000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than $35,000, by direct appointment Date approved by Council: 6.15-10_ Date original contract approved by Council: ❑ (3) Written proposals attached (Date) Valid until: 6.30.15 (Date) Description of SERVICES Total Cost BLANKET PURCHASE ORDER FOR 7-1-13 TO 6-30-15 COUNCIL APPROVED CONTRACT TO END 6-30-2015 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 18 LOADS 4500 GALLONS/ LOAD ALUMINUM SULFATE $ 5,724.84 $ 103,047.12 TOTAL COST ❑ Per attached quote/proposal $ 103,047.12 Project Number Account Number 670.08.19.00.601500 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 this requis..itioonn for l certify that the City's public contracting requirements have been satisfied. Employee Signature: Department Head Signature:t cl_ - (Equal to or greater than $5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year; ~E / NO +y" V) ('J G. Fina 6 Director (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition Contract for Goods and Services C I T Y OF CONTRACTOR: Rhodia, Inc. ASHLAND 20 East Main Street CONTACT: Amy Schwartz, Associate Market Manager Ashland, Oregon 97520 ADDRESS: CN 7500, Cranbury, NJ 08512-7500 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 609-860-3666 DATE AGREEMENT PREPARED: Jul 5, 2013 FAX: 609-860-2223 BEGINNING DATE: Jul 1, 2013 COMPLETION DATE: June 30, 2015 COMPENSATION: Price per dry ton $349.74, plus delivery charges (currently approximately $127.33) per the written quote attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Rhodia's Aluminum Sulfate (ALUM) to be delivered as specified and ordered b the WTP for a term of two ears. ADDITIONAL TERMS: Rhodia's bid is subject to Rhodia's General Terms and Conditions attached as Exhibit D. The City accepts the additional terms and conditions, with the exception of Section 8. Rhodia's contract does not constitute the entire agreement. The entire agreement will consist of the City's Contract for Goods and Services and Rhodia's General Terms and Conditions. Any dispute arising under this contract shall be resolved in accordance with the laws of the state of Oregon as stated in Section 10 of Rhodia' General Terms and Conditions. Rhodia is amending the contract as follows: "Contractor, Rhodia Inc., shall not be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond its reasonable control, including but not limited to, its inability to get a third party carrier to make deliveries because of the narrow access road leading to the City of Ashland plant. Contractor, Rhodia Inc., may omit deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted." City is striking Section 9. Termination, and amending as follows: Termination: a. For Convenience. This contract may be terminated by either party with 30-days written notice. b. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a. above shall be without prejudice to any obligations or liabilities to Contractor already accrued prior to such termination or modification. However, upon receiving a notice of termination, 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. City is making an addition to Section 16, Insurance as follows: Add to Section 16. Insurance„ the following: Contractor shall obtain and keep in effect during the term of their contract providing goods and/or services. Pollution Liability Insurance, covering the contractor and/or subcontractor's liability for bodily injury, property damage, and environmental damage resulting from "sudden accidental" and "non-sudden" pollution and related cleanup, removal and storage costs incurred in the investigation and defense or settlement of claims by the Contractor or subcontractor, all arising out of the work or services (including transportation risk) to be performed under this contract. Combined single limit per occurrence shall not be less than $1,000,000, or equivalent. Annual aggregate limit shall not be less than $2,000,000. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of Contract for Goods and Services, Revised 06113/2013, Page 1 of 6 City. 6. Statutory Requirements: ORS 2798.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,825 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's 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 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. An attempted assignment or subcontract without written consent of City shall be Contract for Goods and Services, Revised 06113/2013, Page 2 of 6 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-i'-;~!ru,{ t 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.5 r+,~ rim ~ara+ er ` ~xa cj ct= ~c Ccc:€ rv 'La3c , ^C,t 7 Ge? rn € tirfJ1411 r~ E° vim.{rc4 rt 4~r g S sew i ~ 3 FE .C-c >E 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 an work may begin under this contract. Contract for Goods and Services, Revised 06/13/2013, Page 3 of 6 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of !filand 11 11 ~ I 0 - By C-~` By~-J r Signature '-~epartment Head a4 Lo int Name Print Name 1-3 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ~S11 ture !date Contract for Goods and Services, Revised 06/13/2013, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (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 Goods and Services, Revised 06/13/2013, Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City Ashland WA GE • er hour effective June 30, 2013 (Increases annually every June 30 by the Consumer Price Index) portion of business of their cafeteria plans (including employer, if the employer has childcare) benefits to the ten or more employees, and amount of wages received by has received financial the employee. assistance for the project or ➢ For all hours worked under a business from the City of ➢ "Fn:playee"floes ~~ot service contract between their Ashland in excess of $19,825. include teinpoa-aa;! or part-time employer and the City of employees hired for less than Ashland if the contract ➢ If their employer is the City of '104.0 hours in any ti-;!elve- exceeds $19,825 or more. Ashland including the Parks r1lonth period. For more and Recreation Department. details on applicFbility of this ➢ For all hours worked in a policy, pleas: gee Ashland month if the employee spends ➢ In calculating the living wage, i~municipal Code Section 50% or more of the employers may add the value 3.'l:>.0?_0, employee's time in that month of health care, retirement, working on a projector 401 K and IRS eligible 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 n..~ ~.ashlano.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF H LA NI Contract for Goods and Services, Revised 0611312013, Page 6 of 6 l _ If June 18, 2013 Greg Hunter Water Treatment Plant Supervisor City of Ashland 90 N. Mountain Ave Ashland, OR 97520 Dear Greg, Please consider this formal notification that Rhodia's price of $349.74, per dry ton, plus delivery charges (currently approximately $127.33) for the Aluminum Sulfate (ALUM) supplied to City of Ashland, will be firm from July 1, 2013 through June 30, 2015. The purpose of this letter is to also amend the Contract for Goods and Services, prepared on 07/13/2011, as follows: "Contractor, Rhodia Inc., shall not be liable for its failure to- perform hereunder if said performance is made impracticable due to any circumstances beyond its reasonable control, including but not limited to, its inability to get a third party carrier to make deliveries because of the narrow access road leading to the City of Ashland plant. Contractor, Rhodia Inc., may omit deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted." If you agree to the foregoing, please so indicate, below. AGREED AND ACCEPTED: CITY OF ASHLAND By: Department Head Printed Name Date If you have any questions concerning this notification, please feel free to contact me at (609) 860-3666. Very truly yours, Amy Schwartz Associate Market Manager Rhodia, Inc., Cr! 7500, Cranbury, NJ 085,12-7500 (609) 860-3666 Phone.- (609) 860-2223 1=2X i GENERAL TERMS AUD CONDITIONS 1. Seller will make all reasonable efforts supply material at the time and day specified by Buyer. Provided such efforts have been or are being made, Seller shall not be . deemed to be in breach of the Contract for failure ito deliver at the specified time or on the specified date, 2. Each shipment shall constitute a sepaiate and independent transaction and Seller may recover for each such shipment without reference to any other: If Buyer is,in default with respect to 'any terms or conditions of this contract, then, in addition to any rather legal remedy available to Seller, Seiler may, at its option, defer further shipments hereunder until such default be remedied (in which event Seller may elect to extend the contract period for a time equal to that for which shipments were so deferred)] or, Seller may decline further performance of this contract. 3. In case of a dispute concerning-the weight df Product delivered in bulk carload or tank car shipments, shipper's weight, certified to by sworn Weigh-master, shall govern absent manifest error, 4. Determination of the suitability of the Noduct supplied hereunder for the uses and applications contemplated by Buyer -and others shall be the sole responsibility of Buyer. All warranties by Seller pertaining to the Product are expressed in this paragraph. Seller warrants that the Product delivered hereunder meets AWVVA standards. SELLER MAKES NO OTHER EXPRESS WARRANTIES; THEME ARE NO IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER ASSUMES ALL RISK AND LIABILITY FOR ALL. LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM (I) THE USE OF SAID PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE.(II) THE HANDLING AND bISPOSAL OF THE PRODUCT. 5.- No claim of any kind, whether as to Product delivered or for non-delivery of Product, and whether arising in tort, contract or otherwise shall be grater in amount than the purchase price of the Product in 'respoct of which such damages are claimed; and the failure to give written notice of claim within thirty (30) days from date of delivery, or the.date fixed for delivery, as the case may be, shall constitute a waiver by Brayer of all claims. in respect of such Product. IN NO EVENT SMALL. SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND- INCLUDING WITHOUT LIMITATION BUYER'S MANUFACTURING COSTS, LOST- PROFITS OR GOOD WILL, REGARDLESS OF THE FORM OR BASIS OF ANY ACTION, 6. Buyer shall reimburse Seller for all taxes, increases in or new taxes, excises or other charges which Seller may be required to pay to any governmental authority (national, state, provincial or local) upon, or measured by, the sale, production, transportation or use of any Product sold hereunder. Unless otherwise agreed to by Buyer in such credit application, interest on all sums past due from buyer hereunder shall accrue'and be }sayable by Buyer at the lesser of the maximum lawful rate and the prime interest rate quoted by Citibank, N.A., Now York, New York, Pius 2B%. I 1 7. Neither party shall be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond the reasonable control of the party affected, including but not limited to, acts -of Cod, acts of. terrorism, fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law, order, rule or regulation.of government agency or authority, or inability to obtain material (including power and fuel), equipment or transportation. The affected party may omit purchases or deliveries during the period of continuance of such circumstances and the contract quantity. shall be reduced by the quantities; so omitted. During any period when Seller shall be unable to supply the total demands for any Product provided for in this contract, whether caused by the circumstances specified above or otherwise, Seller may allocate any available Product among ail buyers including ; its own divisions and . departments, on such basis.as it may deem fair and practical. 8. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and there are no~ understandings, representations or warranties of any kind, express -or implied, not expressly sot forth herein. No modification of this Contract shall be of any force or effect unless such modification is in writing and signed by the party to be bound thbreby; and no modification shall be effected by the acknowledgment or acceptance of purchase order forms containing. terms or conditions at variance with those set forth herein. ' 9. Seller's waiver of any breach; or failure to enforce any of the terms and conditions of this contract, at any time, shall not -in any way affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Seller of any payment after the specified due date shall not constitute a waiver of the Buyer's obligation to make further payments on the specified dates. 10, The Buyer and Seller agree that this Contract shall be deemed to have been made and executed in the State of Oregon and that any dispute arising under this contract shall be resolved in accordance with the laws of the State of lifemler excluding any choice of law principles thereof. 11. Seller shall indemnify, defend and hold harmless the "indemnifying Party") Buyer, its subsidiaries, affiliates, their respective officers, directors, employees, agents, and any of them (each an "Indemnified Party"), from and against any and all liabilities, demands, damages; losses, costs, expenses, including without limitation attorneys' fees, resulting from the actual or threatened claims of.third parties (the "Claims") to the extent that such Claims are attributable to the breach of this Contract by, or the negligent or willful misconduct of, the Indemnifying Party. The Indemnified Party shall notify the Indemnifying Marty in writing with reasonable promptness upon the occurrence of any fact or circumstance concerning a Claim against which the Indemnified Party is indemnified hereunder. The Indemnifying Party. shall diligently defend any such Claim at its expense with counsel of its choice but shall not have the right to settle such Clairh without the prior written consent of the Indemnified Party. 12. Seller shall provide and maintain during the performance of its work hereunder, insurance as described below with insurers rated A-, Class VII or better by A.M. Best Company. A. Workers' Compensation insurance as prescribed by applicable state Workers' Compensation acts to provide statutory coverage. B. Employers' Liability insurance to include $1,000,000 limit per employee, $1,000,000 per accident and $1,000,000 in the aggregate. C. Commercial General l=iability insurance on an occurrence basis with $2,000,000 per occurrence limit for bodily, injury, property damage, personal and advertisers injury, $2,000,000 aggregate limit: for products/completed operations and a $2,000,000 general aggregate limit. This Commercial General Liability insurance to include coverage for the hazards of contractual liability and sudden and accidental pollution, This limit can be achieved through the combination of primary and/or excess llabillty coverage, D, Business Automobile Liability insurance including comprehensive third party coverage for injury, including death and property damage with a combined single limit of $2,000,000 per occurrence including coverage for yawned, non-owned and hired vehicles. This limit can be achieved through the combination of primary and/or excess liability coverage: If regUestpd by Buyer in writing, Seller shall deliver a certificates of insurance evidencing the above coverage. The certificate shall provide that Seiler shall endeavor to notify Buyer with at least thirty (30) d6ys prior notice of any cancellation or termination of the policies. Seller may either utilize deductibles or provide coverage excess of a self-insured retention. 13, PRODUCT STEWARDSHIP AUDITS: Seller shall have the right, upon advance written_ notice to Buyer and during Buyer's normal business hours, to visit Buyer's facilities to inspect and audit Buyers storage, handling, manufacturing, use, health, safety and/or environmental practices and procedures with respect to the Product delivered hereunder. if Buyer does not promptly remedy any deficiencies in these practices and procedures reasonably identified by Seller, or, if within 30 days after receiving notification of deficiency from Seller, Buyer does not present to Seller a written plan to remedy any deficiency which cannot be remedied promptly, or if Buyer does not comply with its remediation plan, then Seller may terminate this contract for breach by Buyer. Buyer acknowledges that the foregoing inspection and audit rights in no way relieves Buyer of any of its obligations hereunder or at law, nor shall Seiler be required to conduct any such inspection and audit." Product Specifications are attached as Exhibit A.- TERMS: Net cash 30 days from date of invoice. SPECIAL CONDITIONS: Title and risk of loss will pass on delivery. Freight is pre-paid and added to invoice. This agreement to become effective when signed and returned by the Buyer within thirty days of the date of execution by the Seller. If 'not signed and returned within thirty days, this proposal is withdrawn. gg4` Page 1 / 1 ' ~ ~ q ! + ~ L .xr Tsar eW/ !I ~ CITY OF C u i A~TT DATE PO NUMBER ASHLAND 5 20 E MAIN ST. 1/9/201 12685 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019193 SHIP TO: Ashland Water Treatment Plant ECO SERVICES OPERATIONS LLC (541) 488-5345 245 PARKAVENUE, 16TH FLOOR ASHLAND, OR 97520 NEW YORK, NY 10167 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Greg Hunter Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Rhodia Alum - WTP - FY 2014 - 2015 37,512.67 4500 Gallon Load Aluminum Sulfate (18) Loads (a), $5724.84 per load Contract for Goods and Services Beginning date: Juiv 1, 2013 Completion date: June 30, 2015 Processed change order 01/02/2014 Rhodia Purchased by Solvav USA. Open balance $86,689.46 transferred to purchase order issued to Solvav USA. Processed change order 01/15/2015 Agreement is being transferred to EcoServices per contract addendum dated January 5, 2015. Remaining balance on PO is $37,512.67. SUBTOTAL 37 512.67 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 37,512.67 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.19.00.60150 37,512.67 Authorize ignature VENDOR COPY Page 1 /1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 7/1/2014 12032 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018350 SHIP TO: City of Ashland-Warehouse SOLVAY USA INC (541) 488-5354 PO BOX 120257 90 N MOUNTAIN DALLAS, TX 75312-0257 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Greq Hunter Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER Rhodia Alum - WTP - FY 2014 86,689.46 4500 Gallon Load Aluminum Sulfate (18) Loads $5724.84 per load / Contract for Goods and Services/ Beqinninq date: July 1, 2013,Z Completion date: June 3.02015 Processed chanq ,or" der 01/02/2014 Rhodia purchased by Solvav USA. Open balance transferred to purchase order issued to Solvav USA. CLOSED PO 01/9/2015 / ,N/bw Eco Services (Formerly Rhodia) C SUBTOTAL 86 689.46 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 86,689.46 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.19.00.60150 86 689.46 Authorized Signature VENDOR COPY FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM S H LAN Request for a Change Order Name of Supplier/ Contractor I Consultant: r 9 - Total amount of this - contract amendment: Purchase Order Number r~~~ ~N Title 1 Description: $ ❑ Per attached contract amendment l1 f Contract Amendment Original contract amount $ 100 % of original c tract Total amount of previous contract amendments /o of original contract Amount of this contract amendment % of original contract TOTAL AMOUNT OF CONTRACT $ % of original contract In accordance with OAR 137-047-0800:1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement 2) The amendment is necessary to comply with a change in law that affects performance of the contract 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract. . Contract amendment is within the scope of procurement: YES NO* (If "NO", requires Council approval i Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVEPROCUREMENT, QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments :5 $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires s 25%" of original contract amount or $250,000 cumulative amendments :5 $100K for Goods & Services, s Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt-Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. PERSONAL SERVICES Communication. ❑ "YES", Direct appointment s $35,000 ❑ Exempt-Reason: ❑Exempt-Reason: ❑ If "NO", requires approval. INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - $5,000 to $100.000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the Personal Services - $5.000 to $75.000 s 25% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments s 25% of original contract amount ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator approval. Attach copy of Council Communication. Communication. _ ❑ If applicable, attach copy of Council Communication ❑ Exempt-Reason: ❑ Exempt-Reason: ❑ Exempt- Reason: SPECIAL-PROCUREMENT r!' .~y INTERGOVERNMENTAL AGREEMENT j] °YES", the total amount of origin intr~tfdmilailv9rame d~5 menu ere El "YES", the original contract was approved by City Council. within the amount and terns initially pproved by Council as 9 Spey,,' I Provide date approved by City Council: (Date) Procurement I'lL f^ If "NO Council approval is required. Attach copy of Council Communication. ❑ If "NO", amount exceeding authorit~reg6ires Council applava{~lt/ ❑ Contract amendment approved and signed by City Administrator. Attach co of Council Communication. Project Number Account Account *Expenditure must be charged to the appprfopria account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. Employee Signature`:7f~/~/ (api s7 Department Head Signature: i (Total amount of contract? $5,000) G' ✓ :i~'`~ G''L' ✓~t~City Administrator: (Equal Funds appropriated fo current fiscal year YES / NO to orgreaterthan $25,000 or 10%) ,r4` T~ Ce Director (Equal to or greater than $5,000) Date Comments: ~ol Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1,1/14/2015