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HomeMy WebLinkAbout2017-208 Contract or Goods and Services Bar Code Services f BAR CODE SERVICES C I T Y OF INDEPENDENT CONTRACTOR: BAR CODE SERVICES -ASHLAND CONTACT: WILL HERSHMAN 20 East Main Street ADDRESS: PO BOX 1288, ASHLAND, OR 97520 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541 488.1468 FAX: 541 482.0310 BEGINNING DATE: 07/01/17 COMPLETION DATE: 06/30/18 COMPENSATION: $115.00 PER HOUR, MINIMUM ON SITE BILLING $175.00, NOT TO EXCEED $2,000.00 AFN Ashland Fiber Network GOODS AND SERVICES TO BE PROVIDED: Software maintenance for project billing and cost estimation programs, including upgrades. In the event of conflicts or discrepancies among Contract Documents, this standard form of the City of Ashland Contract 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 this standard form City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements: ORS 2796.220, 279B.225, 2798.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. 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. 8. 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. 9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work. 11. 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. 12. 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. 13. Insurance. Contractor shall at its own expense provide the following insurance: a. 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. Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENA ~notles T THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b. General Liability insurance with a combined single limit, or the equivalent, of 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 $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. 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. l sign the certific tion attached hereto as Exhibit A and herein incorporated by reference. al Certification. Contrar,; Contractor: City of Ashland: By S 14411`1," B Signature Department Hea ^ Ok.Y\- VA Pa/1tI f 1 X Print Narpe Pant gl As Nan Title ~ Dat W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Revised 10-28-14 Page 1 of 3 Bar Code Services Will Hershman PO Box 1288. 542 Washington St, suite #101 • Ashland, OR 97520 (541) 488-1468 I fax 482-0310 email will@barcodeservices.com July 12, 2017 To: Mr. Donald Kewley, Ashland Fiber Network Operations Manager City of Ashland Re: Proposal for technical support maintenance contract for fiscal year July 1, 2017 - June 30, 2018 with Bar Code Servies. There is a need for on-going technical support regarding the billing and estimating system utilized by Ashland Fiber Network. Throughout the year situations occur such as upgrades and modifications that require technical program support. Incidents such as changes in the City of Ashland's program environment including network changes and specific requirement program modifications arise that call for immediate attention. By issuing a service contract I can respond to support calls without having to delay the needed support by having to get purchasing approval first. My Project Billing and Cost Estimation Programs have been very effective in enabling the Electric Department to provide billings and estimates of work and material for more than 5 years. We have discussed having a service contract Network prior to his submission submitting this proposal. Please review and let me know if you would want any changes in the amount of the total contract. Fiscal Year: July 2017 through June 2018; Not to exceed: $1,250. Technical support to be provided on an "as needed" basis and billings submitted are at the hourly rate of $115/hr. Minimum on-site billing $175.00 f Bar Code Services Will Hershman PO Box 1288. 542 Washington St, suite #101 • Ashland, OR 97520 (541) 488-1468 /fax 482-0310 email will@barcodeservices.com July 12, 2017 To: Mr. Donald Kewley, Ashland Fiber Network Operations Manager City of Ashland Re: Proposal for technical support maintenance contract for fiscal year July 1, 2017 - June 30, 2018 with Bar Code Servies. There is a need for on-going technical support regarding the billing and estimating system utilized by Ashland Fiber Network. Throughout the year situations occur such as upgrades and modifications that require technical program support. Incidents such as changes in the City of Ashland's program environment including network changes and specific requirement program modifications arise that call for immediate attention. By issuing a service contract I can respond to support calls without having to delay the needed support by having to get purchasing approval first. My Project Billing and Cost Estimation Programs have been very effective in enabling the Electric Department to provide billings and estimates of work and material for more than 5 years. We have discussed having a service contract Network prior to his submission submitting this proposal. Please review and let me know if you would want any changes in the amount of the total contract. Fiscal Year: July 2017 through June 2018; Not to exceed: $1,250. Technical support to be provided on an "as needed" basis and billings submitted are at the hourly rate of $115/hr. Minimum on-site billing $175.00 A`~ CERTIFICATE OF LIABILITY INSURANCE DATE 7 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(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brian Conrad - State Farm Insurance coE"DT Brian Conrad 1806 Ashland Street PRONE -8470 FAC No $ 56 Ed1AIL Ashland, Oregon 97520-2331 ADDRESS: INSU RIERIS1 AFFORDING COVERAGE "Of INSURER A: State Farm Fire and Casualty Coma 26143 INSURED Hershman, Will WSURERB: D.B.A. Bar Code Services wsURER C: P.O. Box 1288 NsuRER O: Ashland, Oregon 97520-0043 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODL SU POIJCYF POLICYEXP LT, TYPE OF INSURANCE POUCYNUMBER (MM1DDfYyYy) MIDD - JIM 3m GENERAL LIABILITY ❑ EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ,97-SH-AS06-6 0210112016 0710112016 PREMISES e... $ , CLAIMS-MADE OCCUR MED EXP (Aq we pew) $ Spell PERSONAL 6 ADV INJURY $ GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPAIPAGG $ 2,000,000 PODGY PRO- LOC $ ❑ ~MeBxIJN~OrSINGLE OMIT $ AUTOMOBILE LUBILRY ANYAUTO BODILYIWURY(Perpa,eon) $ AILLL OED ASICHHOESULED BODILY INJURY (Per mddM) 1 N HIREDAUTOS NON-OWNED PP Or aPEERdiY DAMAGE $ AUTOS $ mIBRELLAUAB OCCUR EACH OCCURRENCE $ MEW LIAB CLAIMS-MADE AGGREGATE $ OED RETENTION$ $ WORKERS COMPENSATION TWO STATU- OTH• DRY AND EMPLOYERS'UABWTY IT ER ANY PROPRIETORIPARTNERIEXECUTNE YIN E.L EACH ACCIDENT $ 600,000 OFRCEB M NHIXCLUDEOT N~ N/A❑ 97-B2-R458-7 05M912016 05119!2017 Ifym, 4.q W O E.L. DISEASE - EA EMPLOYE E 500,000 bV .R1. QNcoax EL DISEASE-POLICY LIMB $ 5001000 OE] J DESCRIPTION OFOPERAMONSILOCATIONSIVElilCLES (Aeeah ACORDIO1.Ad aeel Remxtm Sahe e,Bmemspa iaregelm ) Bar Code Services - Business Office Policy and Workers Comp. Policy 500 Heiman Street Ashland, Oregon 97520 CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N Mountain Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 RDFD REP ESENTA 7~ye~~4~~-. L5+9~ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 0301-2012 Progressive RDT 3 7/26/2017 5:35:03 PM PAGE 3/005 Fax Server Progressive PR99RF r1YF PO Box 31260 D/RECTAuto Tampa, FL 33631 NAIL Company Code 21727 Policy Number: 909475796 Underwritten by Progressive Universal Insurance Co Policyholder: william b hershman Page 1 of 1 July 26, 2017 Customer Service 14800-776-4737 24 hours a day, 7 days a week Verification of Insurance for william b hershman This verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of the policies. Please accept this letter as verification of insurance for this policy. Policy and driver information Policy number 909475796 Policy state: Oregon Policy period: Apr 15, 2017- Oct 15, 2017 There was no lapse in coverage during this policyperiod. Effective date: .....................................................Apr 15, 201............................................................ Drivers: william b hershman Insured Driver Address: PO Box 1288 Ashland, OR 97520 Vehicle information Vehicle: 2013 Lexus Es 300h . Vehicle identification number 1THBW1GG2D2D18119 Coverage information Bodily Injury Liability: 3250,000 each person/3500,000 each accident Property Damage Liability: 3100,000 each accident . Collision: Deductible: 3500 deductible Comprehensive: Deductible: 3500 deductible Personal Injury Protection: $25,000 Form 'J01(07/13) Purchase Order Fiscal Year 2018 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland tNVC~ICES,;AND SHIPPING, DOCUMENTS, ATTN: Accounts Payable Purchase L 20 E. Main 20180904 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.ps V H C/O Ashland Fiber Network E BAR CODE SERVICES I 90 North Mountain Ave N PO BOX 1288 p Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/552-2222 O T Fax: 541/552-2436 R O Vendor Phone Number Vendor-Fax Number Regs~IS tlQNW _ ~ehv~ I etQrsn e 541 488-1468 Ma McCla _ Date Ordered Vendor Number - =Date Required= =Fsei WMe sf Firm Qepartment/La afian 08/01/2017 659 FOB ASHLAND OR/NET30 Cit Accounts Payable Item# Descn tliPrtNQ MInit P ied Extended Price= Software Maintenance 1 Software maintenance for AFN project billing and cost estimation 1 $1,250.0000 $1,250.00 programs including upgrades. $115.00 per hour Minimum on site billing $175.00 Not to exceed $1,250.00 for FY 2018 (Contract states "not to exceed $2,000") Contract for Goods and Services Small Procurement less than $5,000 Beginning date: 07/01/2017 Completion date: 06/30/2018 Project Account: GL SUMMARY 024700 - 604100 $1,250.00 i { By: 'bate: Authorized_ftnature } PO Total - $1,250.00 FORM #3 71~- CITY OF ASHLAND AP REQUISITION Date of request. 07/10/17 Required date for delivery: Vendor Name PAR r nnr: CFR~FC Address, City, State, Zip PO BOX 1288 ASHLAND OR 97520 Contact Name & Telephone Number WILL HERSHMAN 541.488.1468 Fax Number 541 482.0310 SOURCING METHOD ® Exempt from Competitive Bidding ❑ Emergency ® Reason for exemption: Software Maintenance ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ® AMC 2.50 090 0)(2) 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 Date approved by Council: ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement 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 Software maintenance for project billing and cost'estimation pr6grams-inc,1uding upgrades. $115.00 per hour, minimum on site billing $175.00/Not to exceed $1,250.00 perFi8. $1250.00 TELECOMMUNICATIONS DEPARTMENT AFN ' Item # Quantity Unit Descripti n of MATERIALS Unit Price Total Cost I ~K p C-e TOTAL COST ® Per attached quote/proposal t/ /a $1,250.00 Account Number _ 9 , 1&00.604100 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this re uisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department He_%L (Eq ` IJ o or greater than $5,000) Department Manager/Supervisor: / City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YE / NO Finance Dlr C r (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition Mary McClary From: Thomas McBartlett III Sent: Monday, July 10, 2017 8:36 AM To: Mary McClary Subject: FW: Mark Holden Out 07/01/2017 thru 08/08/2017 - Transfer of signature authority FYI Regards, Tom McBartlett, Electric Systems Manager City of Ashland Email: mcbartlettt@ashland.or.us Phone: 541.552.2307 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2307. Thank you. From: Mark Holden Sent: Friday, June 30, 2017 1:35 PM To: John Karns <john.karns@ashland.or.us>; Mark Welch <Mark.Welch@ashland.or.us> Cc: Mary McClary <mary.mcclary@ashland.or.us>; Dan Hendrix <dan.hendrix@ashland.or.us>; Thomas McBartlett III <thomas.mcbartlett@ashland.or.us>; Donald Kewley <Donald.Kewley@ashland.or.us> Subject: Mark Holden Out 07/01/2017 thru 08/08/2017 - Transfer of signature authority I will be out of the office beginning Monday, July 3 thru Tuesday, August 8, 2017, returning to the office on Wednesday, August 9, 2017. While out I am transferring my signature authority according to the following schedule: Beginning Date Through Date Assigned to July 1, 2017 July 21, 2017 Tom McBartlett July 22, 2017 August 8, 2017 Dan Hendrix Regards, Mark Holden, Director of Electric Utility and IT City of Ashland Email: holdenm@ashland.or.us Phone: 541.552.2314 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2314. Thank you. ~I 1 II