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HomeMy WebLinkAbout2019-010 20190232 Gardensoft SERVICES AGREEMENT PROVIDER: GardenSoft CITY OF PROVIDER'S CONTACT: Gerry Kiffe -ASH LAN D 20 East Main Street ADDRESS: 2686 Velarde Drive Ashland, Oregon 97520 Thousand Oaks, CA 91360 Telephone: 541/488-5587 PHONE: 805-499-9689 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and GardenSoft, a foreign business corporation ("hereinafter "Provider"), for interface and cosmetic improvements & fire prevention fact sheet. 1. PROVIDER'S OBLIGATIONS 1.1 Provide interface and cosmetic improvements & fire prevention fact sheet as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability, • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and GardenSoft 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $1,850.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $1,850.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. Page 2 of 5: Agreement between the City of Ashland and GardenSoft I 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, an d expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither parry to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Scope of Work dated 08/20/2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. Page 3 of 5: Agreement between the City of Ashland and GardenSoft 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until 10/31/2018, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Public Works Department Attn: Julie Smitherman 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5587 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: GardenSoft Attn: Gerry Kiffe 2686 Velarde Drive Thousand Oaks, CA 91360 8. WAIVER OF BREACH One or more waivers or failures to obj ect by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; Page 4 of 5: Agreement between the City of Ashland and GardenSoft (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: GARDENSOFT (PROVIDER): By: By: rn Signature Signature Paul- e- o zow,, Anne, M. CCkr.l cott Printed Name Printed Name PU/ P goo--ot - re. GNU r O D px-r o0 'h' M S Title Title 17, 2-0 1 g Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. /--eq Page 5 of 5: Agreement between the City of Ashland and GardenSoft INSTRUCTIONS J~O 1. Review the information contained within this proposal. 2. Sign, date, and include a purchase order number (if applicable) in the Work Acceptance section below. Scope of Work/Web Contract 3. Fax the agreement to GardenSoft (805-492- 0146) Attn: Anne Client: City of Ashland Description: Interface and Cosmetic Improvements/Fire Prevention Fact Sheet Contract ID: WWG0085 Date Revised: August 20,2018 Contact: Gerry Kiffe Phone: 805-499-9689 Contents 1. Signatures of Acceptance ...............................................................2 II. Synopsis ..........................................................................................3 III. Scope of Work and Deliverables .....................................................3 IV. Delivery Date, Costs, Payment Schedule, License .........................4 V. Addendum .......................................................................................5 VI. ASHLAND Obligations ....................................................................6 VII. Contacting GardenSoft ....................................................................6 VIII. Terms and Conditions .....................................................................7 II. Synopsis GardenSoft will improve the Water Wise Web Site currently in place with the following features. 111. Scope of Work and Deliverables Interface and Cosmetic Improvements We will redo the landing page. Multi-paneled, short cuts, messages, rebates. Change all the back grounds Rebuild the plant report Rebuild the thumbnails for plants so they are larger and four across. Install software to crop the images from the center and not stretch the images to fit the space Install arrows at the edge of the screen to advance from page to page. Rebuild the My List, Resources and Watering Guide pages to conform to the changes. Cost: $1650 Fire Prevention Fact Sheet Addition City of Ashland will provide content. GardenSoft will layout the materials into a Fact Sheet similar to ones currently in place. Cost: $200 V. Addendum Addendum: Intellectual Property Clause All photos or intellectual property taken or owned by the ASHLAND remain the property of the ASHLAND and may not be used in any way without written permission of the ASHLAND. Conversely, all photographs, content, software and or intellectual properties provided by GardenSoft in the course of this project will remain the property of GardenSoft and may not be used in any way without written permission of GardenSoft. If pictures used in the system are desired for promotion of the web site or CD systems, or for other water conservation brochures or flyers they will be made available upon request. Addendum: Termination Clauses Should GardenSoft go out of business before the license agreement term is completed then GardenSoft will turn over the software system to the client in CDROM or DVD formats for further use. Should ASHLAND desire to suspend use of the website during the license period then GardenSoft will take down the site but the payment terms will be completed as agreed upon in this contract. Addendum: Additional Services Additions and changes outside the boundaries of this contract will be charged on a per hour rate of $150 an hour. Addendum: Confidentiality The terms of this agreement are not to be discussed with representatives of other water districts, agencies or municipalities VIII.Terms and Conditions This Agreement is entered into on the date signed and returned to GardenSoft. This agreement is between ASHLAND and GardenSoft. These parties agree to the following provisions: 1. Term This Agreement shall commence on the date signed and shall continue unless terminated as provided below. 2. Payment of Services and Goods GardenSoft payment terms for the license fee is specified in the sections above are Net 30 days upon invoicing of work performed. GardenSoft must receive all payments within 30 days of the invoice date. 3. Equipment and Material Requirements No on site work is necessary or required. 4. Limits GardenSoft's performance of the responsibilities outlined in this document assumes that the Customer has complied with all Customer Responsibilities. Contingent upon mutual consent, in writing by both parties, both parties agree to accommodate deviations in the time schedule. Customer cooperation is necessary to accommodate system downtime for testing and trouble-shooting. GardenSoft shall not be liable for delays or interruption in service beyond its control or due to a natural disaster, earthquake, fires, floods, or unusually severe weather conditions. 5. Severability Should any provision of this Agreement or part thereof be held under any circumstances in any jurisdiction to be invalid or unenforceable, that provision will be stricken and such actions shall not affect the validity or enforceability of any other provision or part of this Agreement. 6. Indemnifications, and Liability ASHLAND agrees to indemnify and save harmless Gardensoft, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in party by reason of the buying, selling or use of any of the services purchased or provided under this Agreement except to the extent that such damage is due solely and directly to the negligence of GardenSoft. In no event, including negligence, shall either party's liability for breach or alleged breach of this Agreement exceed the total price shown on this Agreement. 7. Termination or Abandonment This project entails a work period of several months to initiate the license. Should ASHLAND decide to terminate this contract before the completion of this work then it may do so without financial penalty. GardenSoft requires a written termination document to conclude this action. Once the license period begins the contract license will run the full 3 years with all the terms intact as stated in the above agreement. D:1IE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 8/27/2018 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME BROWN&BROWN INS SVCS CA INC/PHS WC.Na,Ex9: (866) 467-8730 NO (888) 443-6112 185821 P7: (866) 467-8730 F: (888) 443-611.2 ADDRESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE NAICh SAN ANTONIO TX 78265 INSURERA: Sentinel Ins Co LTD INSURED INSURERB: INSURER C GARDENSO F T CORP INSURER D : 2686 VELARDE DR INSURER E: THOUSAND OAKS CA 91360 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. EVSR ADDI S'UE POI1ICf't♦YJAIItL'R POLICf'6FF POLICY EXP I.G}HTS "YPIiOF INSUR~JNC¢ AIAf/DD/}'}'Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2,000, 000 CLAIMS-MADEOCCUR DAMAGE PREMISES TO EaRE Da;urmnceNTED) $1, 000 000 A X General Liab x 72 SBA 1336543 09/20/2018 09/20/2019 MEDEXP(Anyon- person) s10,000 PERSONAL & ADV INJURY s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERALAGGREGATE s4, 000, 000 POLICY PR0- ❑X LOC PRODUCTS -COMP/OP AGG s4, 000,000 JECT OTHER: $ ALIT COMBINED SINGLE LIMIT (Ea accident) s BODILY INJURY (Per person) $ ^ BODILY INJURY(Peraecident) $ S ^ / ~.-,I'~ PROPERTY DAMAGE s 1 I \VI iV' Y 1h~, (Peracddenl) V Y~ ` V/~\ v^ O } j'~ ~ ~ ~ ~ " ~'j~'~ EACH OCCURRENCE $ - Y \ V ` AGGREGATE WORK, PER J S E0. .WD I\r \ E.L. EACH H AC AC ANYF F 1 ~ CIDENT OFHC I'Manq E.L. DISEASE-EA EMPLOYEE If yes E.L. DISEASE - POLICY LIMIT s DESC D n DESCRIPTIO iore space is required) Those Holder is an Additional Insure )008 attached to this policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED City of Ashland BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE y DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Julie Smitherman AUTHORIZED REPRks-EN-rATivE 51 WINBURN WAY ASHLAND, OR 97520 OO 1988-2095 ACORD CORPORATION. All rights reservec ACORD 25 (2096103) The ACORD name and logo are registered marks of ACORD 1 POLICY NUMBER: 72 SBA IB6543 AL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION CITY OF ASHLAND 20 E MAIN ST ASHLAND, OR 97520 Form IH 12 00 11 85 T SEQ. NO. 003 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 09/17/18 Expiration Date: 09/20/18 CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason. Contractor is to initial the appropriate box as follows: SOLE PROPRIETOR ■ Contractor is a sole proprietor, and ■ Contractor has no employees, and ■ Contractor will not hire emplo}'ces or subcontractors to perform this contract. A' CORPORATION - FOR PROFIT ■ Contractor's business is incorporated. and ■ All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation. and ■ All work will be performed by the officers and directors; Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION - NONPROFIT ■ Contractor's business is incorporated as a nonprofit corporation. and ■ Contractor has no employees; all work is performed by volunteers, and ■ Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP ■ Contractor is a partnership, and ■ Contractor has no employees, and ■ All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this contract. and ■ Contractor is not engaged in work performed in direct connection with the construction. alteration, repair. improvement, moving or demolition of an improvement to real property or appurtenances thereto.** LIMITED LIABILITY COMPANY ■ Contractor is a limited liability company. and ■ Contractor has no employees, and ■ All work; will be performed by the members. Contractor will not hire employees or subcontractors to perform this contract. and ■ If Contractor has more than one member. Contractor is not engaged in work performed in direct connection Ncith the construction. alteration, repair. improvement, moving or demolition of an improvement to real property or appurtenances thereto.** t. 1g, Boa (Signature of Authorized Signer) (Date) 0j'a ct r of 0 nAay p (Signer'sTitl *NOTE: Under OAR4 36-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 101/6 of the corporation. or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's office before an exemption request is accepted from a contractor who will perform construction work. Purchase Order Fiscal Year 2019 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 L Ashland, OR 97520 Order # 20190232 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E GARDENSOFT 1 51 Winburn Way N 2686 VELARDE DRIVE P Ashland, OR 97520 DD THOUSAND OAKS, CA 91360 Phone: 541/488-5347 T Fax: 541/488-6006 R & Vendor Phone Number Vendor Fax Number Requisition Number Delivery Reference 805 499-9689 Paula Brown Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 10/01/2018 1006 FOB ASHLAND OR/NET30 City Accounts Payable Item# Descri tion/PartNo QTY UOM Unit Price Extended Price Gardensoft Improvements 1 Description of Services: 1 $1,850.0000 $1,850.00 Gardensoft interface and cosmetic improvements and fire prevention fact sheet. Contract Name: City of Ashland Services Agreement, Interface and Cosmetic Improvements/ Fire Prevention Fact Sheet Terms of Contract: Effective Date: 9/24/18 Completion Date: 9/24/21 (Full 3 years per stated agreement) Project Account: Project Account: GL SUMMARY 072900 - 610355 $200.00 080600 - 610100 $1,650.00 Bye Date: - Authorized Signature PO Total $1,850.00 ~p - xo I 0i FORM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 09/10/2018 Vendor Name GardenSoft Address, City, State, Zip 2686 Velarde Drive Thousand Oaks, CA 91360 Contact Name Gerry Kiffe Telephone Number 805-499-9689 Email address gerrvCo?gardensoft. corn SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Invitation to Bid Q Reason for exemption: software Updates Date approved by Council: ❑ Form #13, Written findings and Authorization ❑D AMC 2.50 .090 (n (2) -(Attach copy of council communication) ❑ Wdtten quote or proposal attached ❑ Wdtten quote or proposal attached If council approval re aired, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award (Attach copy of council communication Contract# ❑ VerbalMritten quote(s) or proposal(s) Request for Qualifications (Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS & SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than $5,000 and less than $100,000 ❑ Sole Source Agency ❑ (3) Written quotes and solicitation attached ❑ Applicable Form (#5,6, 7 or 8) Contract # PERSONALSERVICES ❑Writtenquoteorproposalattached Form Inter-governmentalAcireement Greater than $5,000 and less than $75,000 ❑ Form #4, Personal Services >$5K & <$75K Agency ❑ Direct appointment not to exceed $35,000 ❑ Annual cost to City does not exceed $25,000. ❑(3) Written proposals/written solicitation ❑ Special Procurement Agreement approved by Legal and approved/signed by ❑ Form #4, Personal Services >$5K & <$75K El Form #9, Request for Approval City Administrator. AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: Annual cost to City exceeds $25,000, Council ❑ Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost GardenSoft interface and cosmetic improvements and fire prevention fact sheet $ 1,850.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Per attached quotelproposal TOTAL.COST Expenditure must be charged to the appropriate account numbers for the financials to refiect the actual expenditures accurately. Project Number _ _ _ _ _ _ _ Account Number 080600 610100 $ 1650_00 _ Project Number- _ _ _ _ _ _ Account Number 072900 610355 $ 200.00 Project Number Account Number _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this /rregquissitiionnform, II certify that the Citys Iub~lic~cont~ac„tin~grequirements have been satisfied. IT Director Date Support-Yes/No 741 Employee: De Department Head: ~'/f!l!I VIAJ lJ~~ r` t,UfJJ p &s ' (Equaffo or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., YES / NO Finance Director- (Equal to orgmaterthan 55,000) Date Comments: Form #3 - Requisition