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HomeMy WebLinkAbout2017-201 Contract-Vanessa Berry Contract for Personal Services less than $35,000.00 C VT Y G-F CONSULTANT: Eaton-Analytical ASHLAND CONTACT: Vanessa Berry 20 East Main Street Ashland, Oregon 97520 ADDRESS: 750 Royal Oaks Drive, Suite 100 Telephone: 541/488=6002 -Monrovia, CA 91016 Fax: S41/488--53-11 TELEPH-ONE:- 626-386-1100 DATE AGREEMENT PREPARED: August 24, 2017 FAX: 866-988-3757 BEGINNING DATE: (when executed by the City Administrator) COMPLETION DATE: March-22, 2018 COMPENSATION: Not to exceed $28,920.00 SERVICES TO BE PROVIDED: Water quality lab testing as described in the attached quotation "Exhibit D".Consultant shall sign and abide by the attached "Exhibit C": Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal 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 prima City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the !undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope or work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified-Work: Consultant has represented, and by entering into-this contract now-represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service 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. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service 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. 6. Ownership of Documents: ,All documents prepared by Consultant. pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.5D5, 279C.515, 279C.520-and-279C.530 are made part of this contract. 8. Living-Wage Requirements: If the amount of this contract is $20,142.20 or-more, Consultant 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 service-work under this contract. Consultant is also required to post the notice attached hereto as Exhibit-B_predominantly-in areas where it will be seen by all employees. 9. Indemnification: Consultant 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 to the extent the harm caused arises out of the negligent acts, or errors, or omissions in performance of this contract b Consultant (including but not limited to, Consultant's employees, agents, and others Contract for Personal Services, Revised 06/02/2015, Page 1 of 8 designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions;-costs, judgments, or other damages, directly, solely, or proximately caused by the negligence of City. 10. 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 Consultant, 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 b_y law or regulation to be held by Consultant 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 Consultant 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 Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant 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, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant 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 Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract withoutwritten consent of City shall be void. Consultant 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. 13. Default The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification-that is required to perform the Services or to qualify as a QRF if consultant 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. 14. Insurance. Consultant 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. Professional Liability insurance with a combined single limit, or-the equivalent, of not less than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by-error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than 11,Q90,000, Contract for Personal Services, Revised 06/02/2015, Page 2 of 8 or each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. 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 Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant 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 Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. 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 Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. 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, rues 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 Consultant 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. Consultant, 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. 16. 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. CONSULTANT, 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. 17. Non appropriations 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. Consultant 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 underthis 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated-by reference. Consultant: City of Ashla By By Signature Department Head i Daniel Lashbrook t 0 ( ,q j Print Name Print Name Laboratory Director ! ° -7-t J Title Date W-9 One copy of a W-9 is to be submitted with ~2-Q tl g 2V / QZ-- the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/02/2015, Page 3 of 8 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 local 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. } } ~ YA v4 31 Contractor (Date) Contract for Personal Services, Revised 06/02/2015, Page 4 of 8 CITY OF ASHLAND, -OREGON EXHIBIT B City of Ashland LALL employers described below must comply with City AG E of Ashland laws regulating payment of a living wage. hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) ILI portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period, For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's 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 I of health care, retirement, For additional information: Call-the Ashlu;d City Administrator's-office at 541-4B8-6002-or write to the City Administrator, City Hall, 20-East Main Street, Ashland, OR 07520 or-visit the city's website at www,ashland.or,us. Notice to Employers.- This notice must be postedpredominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 06/02/2015, Page 5 of 8 "EXHIBIT C" Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing_ SAM Registration and DUNS number are required for all entities that enter into direct contracts with the recipients of Safe Drinking Water Revolving Loan funds SAM Registration: DUNS Number NOTE: The SAM registration expires annually and must be kept active 078539422 until the SDWRLF project is closed Language to be included verbatim in contracts according to any accompanying instructions 1. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business-Development Department and a partnership of Local and/or Private Funds. Whistleblower (language to be included in all construction contracts and subcontracts) "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d)." 3 Non Discrimination "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 4. Termination for Cause and for Convenience & Breach of Contract (language to be included in all construction contracts and subcontracts in excess of $10,000:) "Contractor shall address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. In addition, contractor shall address administrative, contractual, or legal remedies in instances where contractors violate or-breach contract terms, and provide for such say actions and penalties as appropriate." Contract for Personal Services, Revised 06/02/2015, Page 6 of 8 5. Intellectual Property (language to be included in all contracts:) "Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor= specifically to enable Contractor's obligations related to this project." 6. Inspections; Information (language to be included in all construction contracts and subcontracts:) "Contractor shall permit, and cause its subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. (2) Inspect and make copies of a-ny accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and-any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed." 7. Environmental and Natural Resource Laws (include the following language in all contracts and subcontracts in excess of $100,000:) "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 8. Procurement of Recovered Materials (include the following language in all contracts and subcontracts in excess of $10,000:) "Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environmental-Protection Agency (EPA) at 40 CFR part 247." 9. Prohibition on the-Use of Federal Funds for Lobbying (Certification Regarding Lobbying form follows, for any contracts in excess of $100,000) (form follows) CERTIFICATION REGARDING LOBBYING (Awards to Contractors and Subcontractors in excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: Contract for Personal Services, Revised 06/02/2015, Page 7 of 8 (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting-to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed I Title Daniel Lashbrook, Laboratory Director Date `3 ~ L5c 1 Contract for Personal Services, Revised 06102/2015, Page 8 of 8 ° eurofins EXHIBIT D Eaton ArtaNtical Quote-Ref 020170817004 Contact: Kevin Caldwell Sample Matrix: Water Company: City of Ashland Public Works Testing Frequency: As Needed Address: 90 North Mountain Lab Turnaround Time: 15 Days Ashland, OR 97520 Estimated Start Date: 17-Aug-2017 Payment Terms: Upon Receipt Phone: Fax: E-mail: kevin.caldwell@ashland.or.us We are pleased to submit the following quotation: Prices are firm thru 12/31/2018, provided PO is received within 45 days and prior to receipt of samples. Work may not begin, or is COD, until receipt of a completed vendor application & credit approval. Client is responsible for sample collection and delivery to the lab in acceptable condition within 24 hours. Payment for services is due upon receipt of invoice and not contingent upon third party payments. All other Eurofns Eaton Analytical, Inc. standard terms and conditions apply unless otherwise specified herein. Quote does not include any applicable taxes unless noted below. ITEM QTY DESCRIPTION METHOD UNIT PRICE EXT'D PRICE Data Deliverables 12 Hardcopy Reports $ 0.00 $ 0.00 12 QC Level II $ 0.00 $ 0.00 Disinfection By-Products _ 15 Haloacetic Acids SM 6251B $ 50.00 $ 750.00 15 Haloacetic Acids - Total Potential SM 5710 $ 75.00 $ 1,125.00 15 Trihalomethanes EPA 524.2 / 551.1 $ 80.00 $ 1,200.00 15 Trihalomethanes - Total Potential SM 5710 $ 75.00 $ 1,125.00 Inorganics - 60 Alkalinity in CaC03 units SM 2320B $ 15.00 $ 900.00 72 Aluminum EPA 200.8 $ 10.00 $ 720.00 12 Dissolved Organic Carbon SM 5310C $ 40.00 $ 480.00 96 Iron EPA 200.7 $ 10.00 $ 960.00 96 Manganese EPA 200.8 $ 10.00 $ 960.00 12 Total Hardness SM 2340B $ 15.00 $ 180.00 60 Total Organic Carbon SM 5310C $ 30.00 $ 1,800.00 48 Total Suspended Solids SM 2540D $ 15.00 $ 7201-10 60 UV absorbance at 254nm SM 5910 $ 25.00 $ 1,500.00 MIB & Geosmin 7 Day 15 MIB & Geosmin 7 Day SM 6040D $ 200.00 $ 3,000.00 Microbiology 60 Algal Identification & Enumeration Flow Cytometry $ 200.00 $ 12,000.00 Sample Management .12 Sample Cooler Return $ 125.00 $ 1,50-0_00 12 Sample Kit $ 0.00 $ 0.00 12 Sample Kit Delivery $ 0.00 $-0:00 Grand Total: $ 28,920.00 Page 1 of 4 7rn Rnval C)akc nriva St vita inn Monrovia CIA Q1 ni R Tal (R7R),tRR-11 nn Fay (RRR) QRR_3757 mnnnni Fi irnfincl IC r nm/Fatnn ITEM 0-TY DESCRIPTION METHOD UNIT PRICE EXT'D PRICE Submitted: Vanessa Berry Accepted: RECEIPT OF SAMPLES BY EUROFINS EATON ANALYTICAL, INC. CONSTITUTES ACCEPTANCE OF THE ABOVE TERMS 8 CONDITIONS, NOT WITHSTANDING ANY PROVISIONS TO THE CONTRARY IN CLIENT'S PURCHASE ORDER, UNLESS AN ALTERNATIVE AGREEMENT-HAS BEEN SIGNED BY US. Page 2 of 4 750 Royal Oaks Drive, Suite 100, Monrovia, CA 91016 Tel (626) 386-1100 Fax (866) 988-3757 www.EurofinsUS.com/Eaton earofiris General Terms & Conditions of Sale - Eurofins Eaton Analytical, Inc. 1. Area of Application 3.5 The invoice settlement method is check, bank transfer or direct debit Any other method of 1.1 All Orders accepted by any of the Eurofins Environmental Companies (including Eurofins payment must receive prior agreement from Eurofins. The customer undertakes to provide bank Lancaster Laboratories Environmental, LLC, Eurofins Air Toxics, Inc., Eurofins Eaton Analytical, account details, as necessary. Inc., Eurofins Frontier Global Sciences, Inc., and Eurofins Calscience, Inc. or any of their subsidiaries or affiliates" (collectively, "Eurofins") will be governed by these General Terms and 3.6 Eurofins is entitled to require payment of up to 100% of the quoted order price as a Conditions of Sale (the "Terms and Conditions"), including orders placed by telephone which condition of acceptance. have not been confirmed in writing and orders made by delivery of samples. A contract with these Terms and Conditions comes into being when an order that has been placed with Eurofins 4. Duties of Customer in Delivering Samples or Materials is accepted by Eurofins. An order placed with Eurofins is considered as accepted by Eurofins 4.1 The samples or materials must be in a- condition that makes the preparation of when (a) Eurofins proceeds to fulfill that order, without need for any written confirmation from reports/analyses or the production of ordered products possible without difficulty. Eurofins is Eurofins or (b) Eurofins accepts the order in writing. entitled to conduct an initial examination of the samples or materials to check their condition before processing the samples, drawing up a report or using them in production. The customer If Eurofins and Customer have an existing Services Agreement in place (i.e. Master Service shall bear the costs of this initial examination, if the samples or materials do not comply with the Agreement, Laboratory Service Agreement or Environmental Service Agreement), that requirements described in this clause 4.1. If the result of the initial examination is that an Agreement will supersede these Terms and Conditions, and will constitute the entire agreement analysis or production is impossible or is possible. only under more difficult conditions than between the parties. Any additional or conflicting terms and conditions are null and void. originally anticipated - for example, because the samples or materials have been interspersed with foreign materials or substances that were not reported by the customer or are degraded - 1.2 These Terms and Conditions supersede and replace all prior verbal or written price Eurofins shall be entitled to terminate or interrupt the order and the customer shallbear costs quotations and agreements between the parties and, unless specifically indicated otherwise incurred by Eurofins to that point therein, take precedence over all conflicting or inconsistent provisions of subsequent written agreements between the parties. Only the chairman or-president (collectively, "officer) has the 4.2 The customer must ensure, and hereby warrants, that no sample poses any danger, authority to alter or waive any of these Terms and Conditions or to make any representation including on its site, during transportation, in the laboratory or otherwise to Eurofins premises, which conflicts with or purports to override any-of these Terms and Conditions; and no such instruments, personnel or representatives. It is the customer's responsibility to insure alteration, waiver or representation shall be binding upon Eurofins, unless it is in writing and compliance with hazardous waste regulations, including regarding information, transportation signed by an officer of Eurofins. and disposal and to inform Eurofins personnel or representatives about sample health and safety concerns, including any known or suspected toxic or other contaminant that may be 2. Placement of Order present in the sample and its likely level of contamination as well as the risks to Eurofins 2.1 A customer's order will be valid only if it is sent by mail or fax or other electronic message on premises, instruments, personnel and representatives related to the contamination. The letterhead of the customer or by using Eurofins approved sample dispatch sheets, customer shall be responsible for, and indemnifies Eurofins against, all costs, damages, Chain-of-Custody forms or electronic order forms and the commercial aspects of the order which liabilities and injuries that may be caused to or incurred by Eurofins or its personnel or are not specifically set out in these Terms-and Conditions (including price, estimated turnaround representatives including on the sampling site, during the transportation or in the laboratory by times and delivery date) must be agreed at the time of the order. The customer must confirm in the customer's sample or by sampling site conditions. The customer shall bear all extraordinary writing orders given by telephone immediately after they are made and will be deemed to have costs for adequate disposal of hazardous waste resulting from the sample, whether or not placed an order if the customer sends samples to Eurofins quoting the customer reference. described as hazardous waste. At Eurofins' request, the customer must provide Eurofins with Eurofins is not obligated to start any analytical work unless the order is clear and all required the exact composition of the samples. -information has been provided 5. Property Rights on Sample Material and Sample Storage 2.2 Unless specifically accepted in writing-and signed by an officer of Eurofins, any terms 5.1 All samples become the property of Eurofins to the extent necessary for the performance of proposed or submitted by a customer at any time (including, but not limited to, terms or the order. provisions in the customer's purchase order, instructions or other document) which differ from these Terms and Conditions are rejected as a material alteration of these Terms and Conditions 5.2 Eurofins can dispose of or destroy samples immediately after the analysis has been and shall be of no force or effect. Furthermore, special terms or conditions of prior orders, performed, unless Eurofins and the customer have agreed in writing on the terms of Eurofins' including special pricing, will not automatically apply to subsequent orders. Each order accepted retention of the sample. Eurofins also can dispose of or destroy the samples after the agreed by Eurofins will be treated as a separate contract between Eurofins and the customer. upon retention period, without further notice and at customer's cost, should an extra cost for Eurofins arise to comply with any regulation (for example, with respect to disposal of hazardous 2.3 A request for additional services on samples that have entered the laboratory will be treated waste). If the customer requests the return of unneeded sample material, Eurofins will return as a new order and may postpone estimated delivery date accordingly. them to the customer, at the customer's cost and risk. 3. Price and Terms of Payment 6. Delivery Dates, Turnaround Time 3.1 If the acknowledgment of an order does not state otherwise, Eurofins prices apply. Any 6.1 Delivery dates and turnaround times are estimates and do not constitute a commitment by additional cost or disbursement (e.g. incurred by Eurofins in connection with the order) must be Eurofins. Nevertheless, Eurofins shall make commercially reasonable efforts to meet its paid by the customer. estimated deadlines. 3.2. Prices are exclusive of all applicable taxes (including sales; use and VAT) and are based on 6.2 Results are generally sent by email and/or by USPS mail, or via other electronic means, to tariffs in force at the day of the transmittal of the offer to the customer. Applicable taxes are those the attention of thepersons indicated by the customer in the order, promptly after the analysis is in force at the date of invoicing. completed. 3.3 Unless specifically agreed otherwise by Eurofins in its acceptance of an order, payment of all 7. Transfer of Property invoices-is due strictly within 30 days of the invoice date. Any dispute about invoices must be 7.1 Title in any analysis results, products, equipment, software or similar material supplied by raised within 30 days of the invoice date. The challenge of an analytical result will not entifle a Eurofins to the customer will remain with Eurofins until all invoices in respect thereof have been customer to defer payment. Any invoice which remains outstanding after due date, may be paid-by the customer in full, and until such-full payment, the customer shall have no property additionally charged with an administrative penalty of Seventy Five Dollars ($75) and may carry rights or other rights to use them. In addition, even if Eurofins has accepted and begun to fulfill interest at the rate of one percent (11%) per month or the maximum interest rate permitted by an-order, Eurofins has the right at any time stop processing that order and to stop doing any- applicable law, whichever is lower. work for a customer if that customer is late in paying any amount due to Eurofins, whether for that or-any other order. 3.4 Eurofins has the right-to-charge an administrative-fee of up to Fifteen Dollars ($15) to re-issue an invoice. eurofins' K_-tun AnzOyt_ai 8. Limited Warranties and Responsibilities received written notice thereof not later than six (6) months after the date of the customer's 8.1 Orders are handled in the conditions available to Eurofins in accordance with the current knowledge of the relevant claim (unless any longer period is prescribed under applicable law state of technology and methods-developed and generally applied by Eurofins, as contained in and cannot be contractually limited). Eurofins' Laboratory Quality Manuals and-related Standard Operating Procedures. This limited warranty expires six months after the-delivery date of the samples, if the acknowledgement of 9.2 The Eurofins Indemnifying Parties shall not be liable for any indirect, direct or consequential the order does not specifically state otherwise. In all cases, the customer must independently loss or damage (including, but not limited to, loss of business, profits, goodwill, business verify the validity of any results, interpretations, assessments and conclusions supplied by opportunities or similar) incurred by the customer or by any third party. Eurofins, if it wishes to rely on the same in respect of matters of importance and shall do so at its own risk. 9.3 It is a condition of Eurofins's acceptance of an order that the customer indemnifies the Eurofins Indemnifying Parties for any losses, injuries, claims and costs which the Eurofins 8.2 Each analytical report relates exclusively to the sample analyzed by Eurofins. If Eurofins has Indemnifying Parties may suffer as a result of, arising from or in any way connected with its role not expressly been mandated and paid for the definition of the sampling plan (including which under or services or products or software provided pursuant to these Terms and Conditions, samples of which raw materials and finished products and at which frequency each should be except to the extent that the Eurofins Indemnifying Parties are required to bear-them according analyzed) and the definition of the precise range of analysis to be performed or if the customer to these Terms and Conditions, and by placing an order the customer agrees to provide that has not followed Eurofins recommendations, Eurofins shall not bear any responsibility if the indemnification, sampling plan and/or the range of analysis to be performed- prove to be insufficient or inappropriate. 10. Repeated Analysis Objections to test results can be made within thirty (30) days after the customer receives the 8.3 The customer is responsible for the proper delivery of samples sent to Eurofins for results. However, unless it would appear that the results of the repeated analysis do not examination/analyses or materials sent for production. Unless otherwise specifically agreed in substantially match those of the first one, the customer shall bear the costs of the repeat testing writing by Eurofins, Eurofins accepts no responsibility for any loss or damage, which may occur or review. Furthermore, a repeated analysis will be possible only if Eurofins has a sufficient to any sample in transit or to any facility or site where logistics services are being delivered. The amount of the original sample on hand when it receives the customer's objection. Otherwise the customer will at all times be liable for the security, packaging and insurance of the sample from customer will be required to pay all costs, including sampling, transportation, analytical and its dispatch until it is delivered to the offices or the laboratories of Eurofins. Eurofins will use disposal costs for the repeat analysis, commercially reasonable care in handling and storing samples, but Eurofins shall not be held responsible for any loss or destruction of samples even after their receipt at its laboratories. 11. Force Majeure Eurofins cannot be held liable for delays, errors, damages or other problems caused by events 8.4 The customer warrants and represents to Eurofins that all samples sent to Eurofins for or circumstances which are unforeseen or beyond Eurofins' reasonable control, or which result analysis are safe and in a stable condition and undertakes to indemnify Eurofins for any losses, from compliance with governmental requests, laws and regulations. injuries, claims and costs which Eurofins, or its personnel, may suffer as a result of any sample not being in a safe or stable condition, notwithstanding that the customer may have given an 12. Confidentiality & Processing of Customer Data indication on the sample or any order form of any perceived problem with the sample. The 12.1 Eurofins shall be entitled to save and process personal or commercial data received from customer must always inform Eurofins in writing prior to shipment and label the packaging, the customer in any way, no matter whether such data stem from the customer directly or from a samples and/ or containers appropriately, if the samples are dangerous or otherwise of a third party and shall use commercially reasonable efforts to keep such data confidential, in hazardous nature, in accordance with applicable laws. compliance with applicable law. 8.5 Unless explicitly agreed in writing by all parties, the contractual relationship shall be 12.2 Eurofins shall use commercially reasonable efforts to keep all analysis results and service exclusively between the-customer and Eurofins. There shall be no third party beneficiary or reports confidential, however, Eurofins has the right to use them in order to .demonstrate its collateral warranty relating to any order and the customer shall indemnify and hold Eurofins entitlement to payment for services rendered. harmless from and against any and all third party claims in any way relating to the customer or to the order by the customer. 12.3 Analysis results are prepared and supplied exclusively for the use of the customer and The customer (a) remains responsible for any consequences due to the divulgence of such results to 9. Limitation of Liability a third party and any reliance of such third party on such results and (b) hereby agrees to 9.1 Except as expressly set forth in these Terms & Conditions, Eurofins makes no express indemnify the Eurofins Indemnified Parties against any liability which the Eurofins Indemnified warranties, guarantees or representations and none are to be implied, regarding the services to Parties may incur as a result of such divulgence or any such third party reliance. be performed by Eurofins, the suitability of the results for any purpose, or any sampling equipment provided. Client's sole remedy for any breach by Eurofins of any warranty, 13' Disclaimer and Miscellaneous representation, product, service, or any other matter in connection with any service performed 13.1 ALL TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY IMPLIED or to be performed by Eurofins or arising under these Terms & Conditions shall be limited to WARRANTY AS TO MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR Eurofins repeating the services to be performed. Any reanalysis requested by Client generating PURPOSE) AS TO THE MANNER, QUALITY AND TIMING OF THE TESTING SERVICE AND results reasonably consistent with the original results will be at Client's sole expense. If RESULTS, EQUIPMENT,-PRODUCTS OR SOFTWARE SUPPLIED BY EUROFINS ARE resampling is necessary, Eurofins' liability for resampling costs will be limited to the actual, direct EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE cost of resampling. Eurofins' total liability to Client and any otherparty arising hereunder or WARRANTIES, OBLIGATIONS AND LIABILITIES OF EUROFINS CONTAINED IN THESE relating hereto, whether based in contract, tort, warranty, negligence, public policy, statute, or TERMS AND CONDITIONS ARE EXCLUSIVE. otherwise, shall be limited to the lesser of: (1) the amount of compensation Client has actually paid Eurofins for the services performed; or (2) one hundred thousand dollars ($100,000). 13.2 These Terms and Conditions may be modified in writing from time to time by Eurofins and Notwithstanding any terms contained herein to -the contrary, under no circumstances, orders will be governed by the most recent version of these Terms and Conditions that is in howsoever arising (including, without limitation, whether arising in contract, tort warranty, effect at the time Eurofins accepts the order. negligence, public policy, statute, or otherwise), shall Eurofins be responsible for any loss of use, loss of-profits, or for any-special, indirect, incidental, or consequential damages occasioned 13.3 Should a court waive, limit or hold to be invalid, illegal or unenforceable any part of these by the services performed, use of sampling equipment, or use of any reports, correspondence, Terms and Conditions, all other parts shall-still apply to the greatest extent possible. or any other communication prepared by Eurofins (whether oral or written) or any lack or absence of any such report or correspondence (whether ora!-or written). Except to the extent 13.4 Failure by either Eurofins or the customer to exercise the rights under these Terms and that-such limitations are not permitted or void under applicable law: (a) Eurofins (together with- Conditions shall not constitute a waiver or forfeiture of such rights. its-workers, office clerks, employees, -representatives, managers, officers, directors, agents arid consultants and all Eurofins partners and affiliates, the "Eurofins Indemnifying Parties") shall be 14-Governing Lawl Jurisdiction liable only-for the proven direct and immediate damage caused by the Eurofins Indemnifying 14.1 The construction, validity and performance of these Terms and Conditions shall be Party's willful-misconduct in connection with the performance of an order and then, only if governed by the laws and the commercial courts of the state in which is located the Eurofins Eurofins has facility performing the order (including in cases involving multiple counsels for the defense or third-party respondents), which shall have exclusive jurisdiction. /~C DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSUP.ANCE 0^8/29/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 CONTACT NAME: Michelle Gruis Holmes Murphy & Assoc - CR PHONE 319-896-7715 FAX A/C No866-231-7822 E-MAIL ruis@holmesmurh 201 First Street SE, Suite 700 ADDRESS: mg P Y-com INSURER(S) AFFORDING COVERAGE NAIC # Cedar Rapids, IA 52401 INSURERA: HDI Global Insurance Company 41343 INSURED INSURER B: Travelers Indemnity Company 25658 Eurofins Eaton Analytical, Inc. INSURER C: Phoenix Insurance Company 25623 1750 Royal Oaks Drive, Suite 100 INSURER D: AXA Corporate Solutions Assurance INSURER E Monrovia, CA 91016 INSURER F: COVERAGES CERTIFICATE NUMBER: 50674447 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY GLD1313802 01/01/17 01/01/18 EACH OCCURRENCE $ 1,000,000 DAMAGE TO FTI CLAIMS-MADE FXIOCCUR PREMISES (EaEoccu ence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY? PRO ' LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY HRCAP162D6535IND17 01/01/17 01/01/18 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accidenI) A X UMBRELLA LIAB X OCCUR CUD1314002 01/01/17 01/01/18 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,"() $ C WORKERS COMPENSATION HC2NUB157D379517 01/01/17 01/01/18 X STER- ATUTE OERH AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Pollution Liability XFR0077075LI 07/01/15 01/01/18 Per Claim/Agaregat 5,0_00,000 A Professional Liability EOD1313902 01/01/17 01/01/18 Per Claim/Agaregat 5,000,000 (Claims Made Coverage) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Ashland, Oregon and its elected officials, officers and employees are included as Additional Insureds on th General Liability on a primary and non-contributory basis as required by written contract with the insured, per policy terms and conditions. CERTIFICATE.HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 ( , - COO ea .~,a, USA ~J ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD kbrewercr 50674447 POLICY NUMBER: GLD13138-02 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor iaw; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: GLD 13138-02 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by writte:l con-ract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of insurance shown in the Declarations. 2. If coverage provided-to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be-broader than that which you--are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Purchase Order v~ Fiscal Year 2018 Page: 1 of: 1 THIS PO (NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS. I ATTN: Accounts Payable ~ 20 E. Main Purchase 20181012 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Engineering Division E EUROFINS EATON ANALYTICAL, INC 1 51 Winburn Way N PO BOX 95362 P Ashland, OR 97520 D GRAPEVINE, TX 76099-9733 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Vendor Phone Number Vendor Fax Number sswis~tro om09 = 8 i~BE rerrre- Kevin Caldwell Date Ordered -Vendor Number _ Date Required iMattiftl - =f3e arlment7Loeation - 09/15/2017 2744 FOB ASHLAND OR/NET30 City Accounts Payable Item# = Descri' tion/PartNQ -==n1Et tt -Extended Price- Water Quality Lab Testing 1 Water quality lab testing as described in the attached quotation 1 $28,920.0000 $28,920.00 "Exhibit D". Contract for Professional Services less than $35,000 Beginning date: (When executed by city administrator) Completion date: 03/22/2018 Project Account: E-201531-999 GL SUMMARY L - --J 081900 - 704200 $28,920.00 By:'6' r`" r Date: ,f ,,Authorized 6ignature I PO Total $28,920.00 FORM #3 CITY OF ASHLAND REQUISITION Date of request: 9/1!17 Required date for delivery: ASAP Vendor Name Faton Analytirai Address, City, State, Zip 750 Rural oaks Drive, Suita 1rnl Mnnrnvia CA 91016 Contact Name-& Telephone Number Fax Number Vanessa Berry 626-386-1100 866-988-37257 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 _(Attach co of council communication If council approval required, attach co of CC ❑ 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 or -(Attach copy of council communication) quote(s) proposal(s) State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) - (Attach copy of council communication) Description of SERVICES Total Cost Water quality lab testing as described in the attached quotation "exhibit D" $28,920.00 Item # Quantity Unit -Description of MATERIALS Unit Price Total Cost -TOTAL COST ® Pei attached quote/proposal Project Number 2015-31 Account Number 081900-704200 *Expenditure must be charged to the appropriate account numbers for thefiinancials to accurately reflect the actual expenditures. IT Director in collaboration with department-to approve all hardware and software purchases: IT Director Date Support -Yes / No By signing this requisition f rtify that t y's public contracting requirements have been satisfied. EmPto ee: Department Head: A lZ Y ual to or greater than $5;000) Department Manager/Supervisor: City Administrator: G Equal to or greater than-$25,000) Funds appropriated for current fiscal yearES / NO finance Dire r= (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition