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HomeMy WebLinkAbout2018-012-Contract for Goods & Services - Bar Code Services BAR CODE SERVICES CITY OF INDEPENDENT CONTRACTOR: BAR CODE SERVICES -ASH LAND 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. ELECTRIC DEPARTMENT 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 279B.220, 279B.225, 279B.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 PENALTIylW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: 44// b. General Liability insurance with a combined single limit, or the equivalent, of not les than $1,000,000 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. Certification. Contractors all sign the c ifica ion attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland: By C~i/ r5 By i/ IeS Department ead ,44 ~V 1A t 1 vrr 00.r\ ~4P4 r be Print Name P t Nam 17 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. 500 Helman Street - Ashland, OR 97520 (541) 488-1468 /fax 482-0310 email will@barcodeservices.com July 12, 2017 To: Mr. Thomas Bartlett, Electric Distribution System Manager Electric Department City of Ashland Re: Proposal for renewing technical support maintenance contract for fiscal year July 1, 2017 - June 30, 2019 with Bar Code and the Electric Department's Project Billing and Cost Estimation Programs. There is a need for on-going technical support regarding the bar billing and estimating system utilized by Electric Department management. 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 renewing my 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. I am confident that the Electric Department management is in support of this proposal. Fiscal Year: July 2017 through June 2019; Not to exceed: $4,000. 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 Progressive RDT 3 7/26/2017 5:35:03 PM PAGE 2/005 Fax Server Pmgras''w PR99RF1f1YjE` PO Box 31260 O/RECTAalo Tampa, FL 33631 NAIL Company Code: 21727 Policy Number: 909475796 Underwritten by: Progressive Unnrersel Insurance Co Policyholder: william b herhman Page 1 of 1 July 26, 2017 Customer Service 1.800-7764737 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 alterthe 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 letteras verification of insurance for this policy. Policy and driver information Policy number. 909475796 Policy state: Oregon Polity period: Apr 15, 2017 - Oct 15, 2017 There was no lapse in coverage during thk porky Period............................................................................. Effective dale: .......................................................AP.r 15,.2017............................................................. Dtlvers: william b hershman Insured Driver Addles: PO Box 1288 Ashland, OR 97520 Vehicle information Vehkle: 2003 Honda Accord ...eh....k..le.....identi.....&...ation numb.o"nn'um'b'er:.. .............................JHMCM56353C049020.. V Coverage information $250 ,.....000.....each ...........personJ35D0.........,.000 each accident*'*'* Bodily Injury Liability: Property Damage Liability: $100,000 each accident Collision: Deductible: 3500 deductible Comprehensive: Deductible: $500 deductible Personal Injury Protection: 325,000 Form Vol (07/13) ACR ® DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/25/2017 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 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 NAME CT Brian Conrad 1806 Ashland Street PHONE EW, 541482-8470 AI No : 541 48 - 56 E-MAIL o Ashland, Oregon 97520-2331 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC it INSURER A : State Farm Fire and Casualty Company 5143 INSURED Hershman, Will INSURER B: D.B.A. Bar Code Services INSURER C: P.O. Box 1288 INSURER D : 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL L IABILnY ❑ EACH OCCURRENCE $ 1,000,000 El DAMAGE X COMMERCIAL GENERAL LIABILITY 97-BH-A606-6 02101/2018 02/01/2018 PREMISES Ea~occx, rence $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO LOC $ ❑ El (Ea a81 den SINGLE LIMIT $ AUTOMOBILE LIABILITY ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS AUTOS $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ S UMBRELLA LULB HOCCUR Ll Fl~ EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- LS I AND EMPLOYERS' LIABILITY Y / N T ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICE/MEMBER EXCLUDED? N❑ NIA F-] 97462-R456-7 0511912016 05/19/2017 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 500,000 If yes, describe under nr_qf`_P1PT1nN OF OPERATIONS heIM E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Bar Code Services - Business Office Policy and Workers Comp. Policy 500 Holman 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 RIZED REP ESENTA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 Purchase Order Fiscal Year 2018 Page: 1 of: 1 THIS PO'NUMBER_MUSTAPPEAR'ON ALL B City of Ashland 1N OICES, AND SHIPPING DOCUMENTS I L ATTN: Accounts Payable Purchase L 20 E. Main 20180903 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Electric Department E BAR CODE SERVICES l 90 North Mountain Ave N PO BOX 1288 p Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/488-5357 O T Fax: 541/552-2436 R O Vendor Phone Number Vendor_. X.N m~~r __f equistt QrrhFum-_ _ _ t~s E efetsn_ 541 488-1468 Ma McCla Date Ordered Vendor Number Date Required ME~ = FrelghtlMe~iELa~_-_~_i_ Qepartment/Location 08/01/2017 659 FOB ASHLAND OR/NET30 Cit Accounts Pa able Item# Descri tlon/PartNQ== - - ig-L~Fi P~-1~~ Pxtendcd Price - Software Maintenance 1 Software maintenance for ELECTRIC project billing and cost 1 $2,000.0000 $2,000.00 estimation programs including upgrades. Contract for Goods and Services Small Procurement less than $5,000 Beginning date: 07/01/2017 Completion date: 06/30/2018 $115.00 per hour Minimum on site billing $175.00 Not to exceed $2,000 Tor FY 2018 Project Account: GL SUMMARY 111800 - 604100 $2,000.00 i By: Date: Authorize(~,Signature , PO Total $2,000.00 F FORM #3 CITY OF -ASHLAND REQUISITION v~ 0 -t-0 I.?at'e ofreq)°st~ 07/10/17 Required date for delivery: Vendor Name gA r r)nP: cGp\nr'FS 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 programs including upgrades. $115.00 per hour, minimum on site billing $175.00, Not to exceed $2,000 per FY18. P eHa-exeeed - @ 0 $2`6M-WFY49. ELECTRIC DEPARTMENT Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal ,$A;ea .00 Account Number 690.11.18.00.604100 *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 requisition form, I c ify that the City's public contracting requirements have been satisfied. Employee: Department Held -4 ~~y (gitaito'or greater than $5,000) Department Manager/Supervii~r~ / City Administrator: (Equal too greater than $25,000) Funds appropriated for current fiscal year: YE / NO -Finance Director- (Equal to orgreater 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. 1