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2017-105 Contract - GardenSoft
Contract for GOODS AND SERVICES Less than $25,000 CITY o F CONTRACTOR: GardenSoft ASHLAND CONTACT: Gerry Kiffe 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2686 Velarde Drive, Thousand Oaks, CA 91360 Telephone: 5411488-6002 Fax: 5411488-5311 TELEPHONE: (805} 499-9689 DATE AGREEMENT PREPARED: 3.17.17 FAX: BEGINNING DATE: 3.24.17 COMPLETION DATE:4.7.17 COMPENSATION: Not to Exceed $2,000 GOODS AND SERVICES TO BE PROVIDED: Please see attached quote 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 Cit of Ashland Contract. NOVV THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.22J, 2?n°.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 $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 i 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 b Cit under an of the followin Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 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. ObligationlLiability 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 then, and the approval ay City of ar~y assignment or suacontract shad riot 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, X2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. 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, includin covers e for owned, hired or non-owned vehicles, as a licable. Contract for Goods and Services Less than $25,000, Revised 0610212015, Page 2 of 5 d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional InsuredlCertificates 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 andlor 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, suitor proceeding (collectively, "the claim") between the City (andlor 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 Unitf~d 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 HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision, Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. ~ 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A an herein incorporated by reference. ; Contractor: City of Ashland ~ , By - B '~rV.~ ~ ~ Y Signature:` Departure ead ~ ~ 1 ch Z~ ravs rint Name Print Name ~ ~2~ 11 ~ Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 0610212015, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I 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 forthe business. (3) Telephone listing is used for the business separate from the personal residence listing. _ Labor or services are perforr~~ed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship orfor 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. ~1 Contractor, ~ (D te) Contract for Goods and Services Less than $25,000, Revised 0610212015, Page 4 of 5 ~ ~ ~ ~ EXHIBIT B ~ o s an ~ ~ ~ ' ~ ~ ~ ~ per hour e~'ectcive June 30, ~0~ ~ (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 ormore employees, and childcare) benefits to the has received financial amount of wages received by assistance for the projector 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 orpart-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- Ashlandincluding 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 50% 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, 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 ~1S H LA N D Contract for Goods and Services Less than $25,000, Revised 0610212015, Page 5 of 5 ~ ~I)ti~i~i~~~,~11~11)I)5'1~ti'1'i CERTIFICATE 4F LIABILITY INSURANCE ~ ~ i THIS CERTIFICATEIS 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(ies) must have ADDITIONAL INSURED provisions or 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 ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAP~1E BROWN & BROWN INS SVCS CA INC/PHS ~A",°NN .Exq: 46?-8?30 (AC.Noy (877) 905-0457 185821 P. X866} 457-8730 F: (877) 905-0457 AooaES~: PO BOX ~ ~ O 15 INSURER{SJAFFORDIPJG COVERAGE NAICs SAN ANTONIO TX 78265 INSURERA ,~~tin~i ~n C~TD 1N5URED INSURER B INSURER C GARDENSOFT CORP INSURERD 2 6 8 6 ~,lELARDE DR INSURER E THOUSAND OAKS CA 91360 INSURERF: 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,EXCLUSIONSANb CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~M1',S7( .4DDL.SOBR POLIC't'EF~F POI1('Y'EIT' LL491"TS TIPE OFLM1SUR9~V"CE P(JIIC7'1VL':1TF3Ef( 7 ~ tiS`1 ~T~ I t191'Dh ~'FI'I') ~Y 1, )U:TYFF COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2 r 0 Q 0 ~ Q ~ CLAIMS-MADE OCCUR DAMAGE TO RENTED "1 ~ ~ O O PREMISES (Ea occurrence) ~ ~ ~ A x General Liab x ~ % s~~ I~~,~;.~ ~ r, ~ , ~ ~ _ ~ ~ 1.; , ~ % u ~ l l ; MED EXP (Any one person) c 1 ~ r ~ Q PERSONAL ~ ADV INJURY 2, O O O, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE r; 4 ~ ~ ~ 0 ~ 0 0 Q POLICY ❑ PRO- ~ LOC PRODUCTS - COMPIOP AGG ~ 4 ~ Q Q Q ~ O O 0 JECT OTHER: AUTOMOBILE LIABILITY COMBINED 51NGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person);; OWNED SCHEDULED AUT05 ONLY AUT05 BODILY INJURY (Per accident) HIRED NON-0WNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DE RETENTION $ bG'OitKERSCOh7AL,NSAI7UN PER OTH- Ai4'DF_,A4t~L05'rdrS'LI~,NiL1TY STATUTE ER ANY PROPRIETOR~PARTNER/EXECUTIVEYIN E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ~VfA (Mandatory rn NH) ❑ E.L. DISEASE- EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERA TIONS /LOCATIONS / VENIC(~90RD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION SHOULDANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED City of Ashland BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn : Julie Smitherman AUTHORlZEDREPRESENTATIVE 51 W INBURN WAY , ASHLAND, OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD _ / ✓ ~(,,Q ~ ~ ~~~vvvv V vv ■ GardenSoft Corp nVo~Ce 2686 Velarde Drive Date Invoice # Thousand Oaks, CA 91360 3/16/2017 4911 Bill To Ship To City of Ashland Julie Smitherman 51 Winburn Way Ashland, Oregon 97520 P.O. Number Terms Rep Ship Via F.O.B. Project Net 30 3/16/2017 Quantity Item Code Description Price Each Amount WebDev Website Fact Sheet additions 1,500.00 1,500.00 WebDev Hotlink Fact Sheets to Garden Images 500.00 500.00 Out-of-state sale, exempt from sales tax 0.00% 0.00 Thank you for your business. Total $Z,o00.00 a ASHLAND MUNICIPAL CODE Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive SealedProposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: A. Contracts listed in ORS 279A.025(2). B. Purchases through federal programs as set forth in ORS 279A.180. C. Public Improvement Contracts that qualify for exemption as set forth in 279C.335. D. Small Procurements - a public contract not exceeding $5,000. 1. Small Procurements shall be awarded in accordance with ORS 279B.065, OAR 137-047-0800, OAR 137-047-0265 and all other applicable provisions of law. E. Intermediate Procurements - a public contract for goods and services greater than $5,000 and less than $ l 00,000. 1. Intermediate Procurements shall be awarded in accordance with ORS 279B.070, OAR 137-047-0800, OAR 137-047-0270 and other applicable provisions of law. F. Sole Source Procurements - a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 279B.075 and all other applicable provisions of law. G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. H. Emergency Procurements - a public contract that is necessary because an emergency exists meaning there are circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health, safety, welfare, or property that could not have been reasonably foreseen and requires prompt execution of a public contract to remedy the condition. 1. Emergency procurements shall be awarded in accordance with ORS 279B.080 and all other applicable provisions of law. L The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): 1. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded. to the party to whom the original contract was awarded as long as no material change is made to the terms, conditions, or prices of the original contract. 2. Contracts for licenses and maintenance of computer hardware, computer software, and telecommunications products (including cable, video and television products). 3. Purchase of items or services of an artistic nature, including, but not limited to public art. 4. Contracts for removal, cleanup or transport of hazardous materials. As used in this Subsection, "hazardous materials" include any material or substance which may pose a present or future threat to human health or the environment, including Hazardous Waste as that term is used in the Resources Conservation and Recovery Act (42 USC 6901 et seq.). 5. Contracts for purchase of used motor vehicles, defined as any motor vehicle that is at least one year old. 6. Contracts for the purchase of used heavy construction equipment. 7. Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods. 8. Contracts for the purchase of advertising, including legal advertising intended for the purpose of giving public notice. Page4of7 3121/2017 ~ Managing Your Soil r ~ F . ~ ~ ~ ~u, Why is Healthy Soil Important? What is Healthy Soil? Healthy soil is the cornerstone of a vibrant Healthy soil is an ecosystem of many landscape. It provides oxygen and nutrients constituent parts. It is a combination of vital to plant growth and sustenance. It living organisms at both micro and provides protection from the sun and _ macro levels. You can take the stability for root systems. The soil is very temperature of your soil in a manner of much alive and possesses degrees of speaking using touch, smell, color, and health the same way the human body does. by looking for the presence of beneficial Healthy plants require healthy soil and living organisms. protection from weather extremes, pests, and diseases. ~ ° ` ` Determine Texture with a Simple Test Moisten a small handful of soil and roll it into pencil shape shape in the palm of your hand. Gently squeeze the column of soil (with your fingers) and see how long a column you can make before the Probe the Soil soil breaks apart. Clay feels sticky and will stay together than soils with less clay Smell the soil. An pleasant aroma indicates a well balanced soil which indicates a vital components. It will be slick and the eco-system. If your soil smells like rotten eggs, it might be too wet and compacted to column will break between 1-2 inches. allow oxygen exchange. Clay loam feels sticky, but the ribbon Look at the soil. Healthy soils are dark and loose. The dark color comes from organic breaks at about 1 inch. Sandy loam feels matter, the foundation of the soil food web. gritty and sticks together, but won't form a significant column. Sandy soil feels Look for soil life. Earthworms, mites, millipedes, centipedes, and sow bugs indicate a gritty and falls apart before it is even healthy soil ecosystem. through your fingers! Feel the soil. Is your soil gritty or slippery, smooth or loose? Soil texture is an important clue to soil health. Heavy clay soils do not allow air into the system. The presence of organic matter provides space between the constituent parts for air to flow freely which plants need. Soil Test. To know the chemical properties of your soil, a laboratory testis needed. (See Tools to Help Assess Your Soil (see below) ~ . ; t.~., 4 r 'I . ~,f http:llwww.ashlandsaveswater.orglBestlsoil.php 113 312112017 M anagi ng Your Soi I ~ . Soil Pro erties: Qualities of Good Soil p Selection and Water Regimes Soil Texture Soil texture is a product of the proportion of different soil particles -sand (large), silt (medium), and clay (small). Sandy soils drain quickly and struggle to hold water and nutrients. Clay soils retain water and nutrients, but don't let oxygen penetrate at the same rate of loam and sandy soils, and maybe hard to work with. Loamy soil or Loam is a balanced combination of soil particle sizes that hold water and nutrients and drain well: about 40% sand, 40% silt, and 20% clay is the ideal. Why Soil Texture Is Important For Your Yard ~ Asoil's texture affects water flow. This has a bearing on how you go about irrigating your property. For example, water moves slowly in clay soils, so care must be taken to irrigate them in repeated short bursts to allow percolation. Sandy soils let water run through quickly, also requiring shorter, and more frequent watering. Loam soil with its balance can take longer one time cycle runs. Soil texture also influences plant choices. Plants from temperate acidic y~,1 soils that are either accustomed tosandy Orwell-draining soils will be more 'organic Matter 5% prone to pest and disease problems if planted in heavier clay soils. Similarly, plants adapted to clay soils will not thrive as well in sandy conditions. Qrq ~ irsms'" ~ Humus Roots 80". 4 AM' Soil Testing Helps you Decide If you are the scientific type, you might want to invest in a laboratory soil test. The test will reveal your soil's pH, organic content, nutrients, salt content, and ~ potential contaminants. In this way, you will be sure of what you are working with and will take the guess work out of your soil analysis. The testis usually inexpensive, but can be very helpful. Contact your local office of cooperative extension from the University of Oregon to get more information. Labs also provide recommendations toaddress soil deficiencies. This will help r~ you determine the best amendments or fertilizers for your yard, should you ` need it. Always ask the lab for organic fertilizer recommendations, which are always preferable for long term health of the soil. w http:llwww.ashlandsaveswater.orglBestlsoi I,php 213 312112017 Sustainable Landscaping Fundamentals A ^i`. ~f .s..,' 1 1~ 4 l p ~ 1 i v~ What iS SUStainable A sustainable landscape is free of toxins Save Money: and chemical fertilizers that have proven to Lower water bill Landscaping? be so damaging to the watershed when Sustainable landscaping is a term coined concentrated after rainstorms. In a word, Reduced maintenance costs to mean sensible landscape practices that sustainable landscaping is nothing other operate within the limits of the Eco-system. than doing things as closely as possible Reduced costs from purchasing These landscape practices work within the with our natural system which makes the pesticides and fertilizers limits of your local rainfall, soil conditions garden self-sustaining, hence sustainable. .Reduced energy costs from power and sun patterns. When designed Typical landscapes feature large turf areas equipment correctly, a sustainable landscape will not that require gas powered or electric only be beautiful but will need a bare powered equipment to maintain, Plants Sustainable Garden minimum of additional resources in the sold at the local nursery are often planted form of water and soil amendment to be in inappropriate places without Hidden Benefits: vital and attractive. consideration of their sun, soil and water needs. Conventional landscaping destroys Entertainment factor of the ever soil and plant health by employing chemical changing landscape r,'y fertilizers and pesticides to solve problems. .Habitat creation for birds, ~ ~ ~ ~ Rain and irrigation water concentrate and e 4~. y - transport these chemicals down street butterflies, and beneficial insects utters and into communit storm drains, E ~ g y Teach children how to landscape i i which carry them down stream, creating a responsibly 'k 1. I toxic brew. ~ ~ Page 2- Steps to creating a ~ This pollution is harmful to wildlife and sustainable landscape ultimately, ourselves. Water conservation is critical to sustainability. Water is one of our most precious resources and nationally, the average water wasted outdoors is 50%. That's right, half the water most people put on their gardens never gets to its intended target. It is lost in run-off and evaporation. i ~ ~ ~ i° v~ ~ p:, . ~ .y `fir 'ts~ *a~ ~ $ , , About the Fact Sheets ~ ~ ~ ~ ' `R•~. ~M a,a . ~~q'~,, These brief fact sheets are intended t© help you get starting fuming your garden * a~ :space into a sustainable landscape with an increase and not a decrease in beauty. ` ' S " ~ ~ ~ ~ ' - There are man resources available to au to accam lisp this task. Man water ~ y y p y ~ ~ agenoies offer ~assesand workshops for guidance. The landscape industry is full of ~ ~ s ~ ~ trained professionals tha# have both tum-key services or can guide the "do-it- ya~arselfer'". Your work can proceetf from cane section of the garden fact sheets to another as time and. money will allow. In the end:, a sustainable landscape will be cost effective , - and will save you money in reduced maintenance and materials costs. And lastly, there is the. satisfaction. of knowing that you :have managed your little section of the enrcironment in a manner beneficial td future generations. http:Ilwww.ashlandsaveswater.orglBestlfundamentals.php 112 3/2112017 Sustainable Landscaping Fundamentals t ~r . {:i'y "*V t ~n" 9 ti.~. f ~.i: , V4?;i Healthy Soil Leads to Healthy Plants ~ "'4~5 ~ i * s , . ~ ~ Just like good food helps build strong bodies, - R~.z=~ ~ : ~ ~ ~ y good soil provides a strong growing medium ~+4~~~ . for healthy plants. Strong plants resist the ~y ; challenges of pests, disease and drought far ~,w ~ ' - ~ better than weak ones. There is a natural cycle ~ , of the soil enrichment between plants and the , yz; soil. Seasonal leaf drop revitalizes the soil with ~ organic matter and spurs decomposition. ~ . ' • . Organisms in the soil break down these natural - ~ materials to complete the cycle. This cycle can StT1a~t Pest Management ~~a,~ be sustained and enhanced with proper soil ~ ~ Your first line of defense are healthy management. plants. There are many approaches to natural pest and weed management; when integrated, it can help avoid the need for pesticides and herbicides. Selecting plants adapted to our climate Putting Plants in the Right Places is the first step to avoid difficulty with pests, weeds, or disease. Different plants have different needs just as people do. They cannot all be treated the same. Plant a shade plant in the full sun and to maintain health, constant watering is necessary. Other approaches include: Plant a shade plant in the shade and it may not need more watering than the other plants in Using cultural controls such as your yard. Learn about the sun, soil and water needs of your plants. Make sure they have removing irrigation water and enough room to grow and spread out. The more wisely you plant, the greater the chance for fertilizer from areas where you don't both success and low maintenance. want weeds to grow. • Using less toxic herbicides such as herbicidal soaps and vinegars. • Using physical controls such as manual removal with tools or ;y; smothering weeds with a mulch barrier. ~ ~ ~ Use biological controls, such as , P i.._.~r 4 selecting competitive, desirable plants that make it hard for weeds to grow or attracting beneficial insects , x;~ ; ~K ~ to control insect pests. , ~ ~ ~ . , f. M) R ~ ~~R cy 1wi~ s• ~ ~ ti n, - } Water Wisely Y~ Most people over water by a wide margin. Half the water used residentially finds its way into , the gutter and storm drains due to run off. Irrigation systems are machines and require ` maintenance and repair. New irrigation technologies have advanced our water efficiency dramatically. Look into new rotor heads, drip systems and smart controllers. Check your , irrigation system for breaks and leaks monthly and above all, change your controller based on the weather. S F 4 http:llwww.ashlandsaveswater.orglBestlfundamentals.php 212 3/211281;• ~ M anagi ng Your Soi l F:, y ~ i 'o` T~~~ yr<:' Why Organic Materials are Soil Life In1 Ortant ~ A healthy soil ecosystem includes a rich p ~ food web of fungi, bacteria, insects and While "soil texture" refers to the type of worms. Organic matter is the base of composition of particles in your soil, "soil K ~ this web. A sustainable landscape structure" describes how those particles are returns nutrients to the soil food web as bound together into larger units or "aggregates." microbes break down organic matter. Aggregates form as soil microbes break down Microbes, worms, and other soil organic matter and produce agum-like ~ ~ ' ~ organisms also bind particles together substance that cements particles together. As ` ~ ~ ~ ~ and transform plant residues and animal soil structure improves, more spaces are wastes into stable soil organic matter or created between large and small aggregates, humus. Humus can store up to 90 making it easier for air and water to circulate. percent of its weight in water and holds Good soil structure helps lessen the harmful nutrients, protecting them from washing effects of challenging soil textures such as clay awa . and sand. In this way, soil organic matter helps: Improve root growth and air y circulation • Retain water in sandy soils • Drain water in clay soils Retain nutrients near the roots • Protect plant roots from salt buildup, • Resist compaction temperature extremes, and water stress Tools to Help Assess Your Soil Simple tools can help you keep your finger on the pulse of your soil ecosystem. • A soil probe can show the depth of water penetration and overall soil structure. • A soil pH test can help evaluate the need for certain amendments and fertilizer. • A moisture meter accurately measures your soil's moisture content helping to fine-tune irrigation. Use the table below to identify sustainable solutions for rebuilding healthy soils Problems or Practices that Solutions for Rebuilding Soil Health Diminish Soll Health Bare soil is easily eroded and Maintain a two to four inch layer of mulch on the sail surface. This supplies organic matter, compacted Sail life is starved when helps infiltrate and retain water, and prevents camlaactian. Use green waste from your yard as leaves and clippings are raked away. mulch or buy Icxally recycled green waste mulch. See the fact sheets for Compost and Mulch. Overuse afquick-release fertilizer Feed the soil and your plants with compost. Make your awn, ar purchase quality, certified Synthetic fertilizers made of salts compost made from locally recycled materials. Use natural fertilizers made Pram biological kill populations of beneficial soil ingredients. Practice grass-cycling by leaving grass clippings on lawns sa that nutrients and microbes. organic matter are returned to the soil. See also the Fertilizing factsheet. Overuse of pesticides Broad- Use an integrated pest management (IPM approach to antral weeds and pests. IPM uses spectrum pesticides kill sail horticultural, physical, biological and less-toxic chemical controls that protect the health of decomposers and soil-dwelling soil, 4vater, humans, and beneficial insects. Visit www.ipm.ucdavis.edu far information about predators of insect pests. IPM strategies far specific pests. Cultivating wet soil damages sail Help earthworms and other sail life to rebuild sail structure by applying a layer of compost structure and results in compaction, andlar mulch. suppressed roar growth, and reduced air circulation. 0 http:llwww,ashlandsaveswater.orglBestlsoil.php 313 Purchase r _ _ a~.,., " ~ . ~ Fiscal Year 2017 Page: 1 of: 1 ® . _ ~s~t~a~r==~_ee~R~n~.~~~. B City of Ashland ~~-~~'N~Pp~~-SIN=EFTS=_ _ Accounts Payable ~ 20 E. Main Purchase r r# Ashland, OR 97520 0 de T Phone: 5411552-2010 0 Email: payable@ashland.or.us V H CIO Conservation Division E GARDENSOFT I 51 Winburn Way D 2686 VELARDE DRIVE P Ashland, OR 97520 ~ THOUSAND OAKS, CA 91360 Phone: 5411488-5306 R T Fax:5411552-2050 0 ~ _ - - - - - - Vendor Phone Number = Vendor-Fa~l~u_mber `=Req~~s~tiQn-IbQ - = ~~r - ~rerr~== 805 499-9689 _ Julie Smitherman Date Ordered= Vendor dumber :Date Re uir~d__ ____=Fr~~:1~~~~~1'~m-- n L~fiQn==~- - ~ - - - _ ~ 9---. P_~-~ 03123!2017 1006 FOB ASHLAND ORINET30 Cit Accounts Pa able _ - `Iter~#_ . . - _-Desch _tior~lPartNo_ _ =~~1~ ~R~c~= _ E~t~n~~d-Prig GardenSoft Software Maintenanc 1 GardenSoft will create 12 fact sheets to be added to City of 1 $2,000.0000 $2,000.00 Ashland's Water Wise Landsca ingg website ($1500 and link fact sheets to arden ima es $500p. loot to exceed $2,00 g g ( Contract for Goods and Services Less than $25,000 Beginning date: 03124!2017 Completion date: 04/07!2017 Project Account: GL SUMMARY 080600 - 610100 $2,000.00 j~ - - _ B Date: ~ ~ ~ Y~ ~u orized gnature ~~-~~a-_~ - y $2 000.00 ~~ff , r J ~ 9 .N } F' d~ ~ .y a~~ b, ~ CITY ® F ~ ~ Date of re uest: 3.17.17 REQUISITI®N q Required date for delivery: ~~s~bl Vendor Name GardenSoft Address, City, State, Zip 2686 Verlartle Drive, Thousand Oaks, CA 91360 Contact Name & Telephone Number Gerry Kiffe, (805) 499-9689 Fax Number ~ ~ S RCING METHOD ~ ~ em t from Com etitiv_e Bi din ❑ Emergenc~r Reason for exe tion;~ ~ ~ _ ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization MC 2,50, p -j ~ Date approved by Council; ❑ Written quote or proposal attached [Written uote or r al attached _ Attach co of council communication ~ If council a roval re uiretl, attach co of CC ❑ Small Pr ure ent Cooperative Procurement Less than 5 0 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ® Direct Aw tl Date approved by Council; Contract # ❑ Verball ritten q e(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Interme 'ate Procuremen ❑ Sole Source Contract # GOOD & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract 5 00 to 100 000 ❑ Written quote or proposal attached Agency ❑ ~3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K fo $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council; ❑ (3) Written proposalslwritten solicitation Date approved by Council; (Date) ❑ Form #4, Personal Services $5K to $75K Ualid until; Date - (Attach copy of council communication) Description of SERVICES Totai Cost GardenSoft will create 12 Fact Sheets to be added to the City of Ashland's Water Wise Landscaping Website, Fact Sheets include, 'managing your soil', `sustainable landscaping', 'the right plant the right place', etc, These fact sheets will also be hotlinked to garden images as a tool $2,000 to remind visitors of extra ti s when choosin their landsca in materials, Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Website Fact Sheet additions $1,500 Hotlink Fact Sheets to Garden Images $500 TOTAL COST ® Per attached quotelproposal Q $2,000 Project Number _ _ _ _ _ _ • _ _ _ Account Number 610,08,06.00,610100 Account Number___•__•__•__•______ Account Number___•__•__•__•___ Expenditure must be charged to the appropriate account numbers for fhe financials to accurately reflect the actual expenditures. ITDirector in collaboration with department to approve all hardware and software purchases: 1T Director Dafe Support -Yes / No By signing Phis requisifion form, l certify That fhe City's public contracting requirements have been satisfied, Employee: z ~ ~ Department Head; (Equal to or greater an $5,000) Departure' anagerlSupervisor; City Administrator; (Equal to or greater than $25,000) n fis al ear; YES ' NO ~ ~ ~ Funds appropriated for curre t c y Finance Director- (Equal fo ar greater than $5, 000) Dafe Comments; Form #3 -Requisition