HomeMy WebLinkAbout2019-043 20190351 Gardensoft Corp
SERVICES AGREEMENT (less than $25,000)
PROVIDER: Gardensoft
CITY OF PROVIDER'S CONTACT: Mark Chilcott
-ASHLAND
20 East Main Street ADDRESS: 2686 Velarde Drive
Ashland, Oregon 97520 Thousand Oaks, CA 91360
Telephone: 541/488-5587
Fax: 541/488-6006 PRONE: 805-492-0120
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 updates to plant list incorporating language for the newly adopted prohibited plants
in Ashland.
1. PROVIDER'S OBLIGATIONS
1.1 Provide updated language on prohibited plants in the Ashland City limits 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
Page t of 5: Agreement between the City of Ashland and GardenSoft
i
• 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.
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 employees.
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 Requirement: 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. Provider 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 $300.00 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 $300.00 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.
Page 2 of 5: Agreement between the City of Ashland and GardenSoft
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 All Work product or documents produced in furtherance of this Agreement belong to the City, and
any copyright, patent, trademark proprietary or any other protected intellectual property right shall
vest in and is hereby assigned to the City.
3.5 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.
3.6 This Agreement may be amended only by written instrument executed with the same formalities as
this Agreement.
3.7 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, and
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 party 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
4.1 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 0110712019.
Page 3 of 5: Agreement between the City of Ashland and GardenSoft
4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually
complimentary and supplementary wherever possible. In the event of a conflict which cannot be so
resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any
of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the
SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the
order listed in Subsection 4.1.
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,
5.1.4These 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.
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 02/28/2019, 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.
6.2.2The 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
Page 4 of 5: Agreement between the City of Ashland and GardenSoft
Phone: (541) 552-2062
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: Mark Chilcott
2686 Velarde Drive
Thousand Oaks, CA 91360
8. WAIVER OF BREACH
One or more waivers or failures to object 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;
(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.
Page 5 of 5: Agreement between the City of Ashland and GardenSoft
CITY OF ASHLAND: XXXXXXXXXXXXXXXXX (PROVIDER):
By: By:
P,4tc~Si~nat Signature
Printed Name Printed Name
lif rzrC,r- f ,/tom rJ~ (~C U
Title Title
Date Date
Purchase Order No. ,2 e5;~ W-9 is to be submitted with this signed Agreement)
Page 6 of S: Agreement between the City of Ashland and GardenSoft
EXHIBIT A
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
I~ WAGE
1. P 1 P
P I 1 / '
per hour, effective June 30, 2010.
!U11 The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
of business of their employer, 4,01 K and IRS eligble
if the employer has len or cafeleria plans (including
more employees, and has childcare) beneft to the
reo v ed financial assmiance amount of wages received by
9 For al hours worked under a for the project or business the employee.
service contract between their from the City of Ashland in
employer and the City of excess of $21,127.46_ Y Nolbe_ For tengwary and
Ashland if the contract part4rne employees, the
exceeds $21,127.46 or mor& 9 If their employer i c the City of DAM Wage does not apply
Ashland, including the Parks to lbe fist 1040 haas worked
9 For all hors worked in a and Recreaion Department in any calendar year. For
month i the employee spends more details, please see
50% or more of the ➢ In calaufafing the Irving wage, Ashland h1unicipal Code
employee's lime in that math employers may add the Madre Section 3.12-020.
wo" on a project or portion of hearth care, refi ernenr
additional For Call the Ashland City Administrator's office at 541488-GW2 or write to the City Ackninistratior,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's wlebsite at www.ashland_or_us.
Nonce to Employers= This notice must be pooled predorninandy in areas where it can be
seen by all emplooyem.
C I T Y O F
-ASHLAND
Exhibit A-City of Ashland Living Wage 2018
Scope of Work / Web Contract
Client: City of Ashland
Description: Add Prohibited Plants Message to Website
Contract ID: WWG2019-1
Date Revised: January 7, 2019
Contact: Mark Chilcott
Phone: 805-492-0120
I. Acceptance of Agreement
By signing this agreement, we mutually accept all of the provisions presented in
the Contents of this document. Payment for work completed based on this
agreement will be invoiced as per the terms and conditions set forth in this
document.
Officer of Water Conservation, Ashland Date Signed
Mark Chilcott, GardenSoft Date Signed
If. Synopsis
GardenSoft will improve the Water Wise Web Site currently in place with the
following features.
E111. Scope of Work and Deliverables
Add messages to the display of each Prohibited Plant currently on the
website.
The City of Ashland has provided a list of 129 plants that are currently on
the Water Wise Website.
For each of these 129 plants, GardenSoft will modify the website to
display a message of the City of Ashland's choosing right below the
existing plant description.
Each of the 129 plants has one or both of the following restrictions
selected:
1. 5-30ft.
2. 30ft+
Depending upon which restriction is selected a different message will be
displayed.
Cost: $300
I
I
I
V. Delivery Date, Review, Costs, Payment Schedule, License
Delivery Date
Delivery will be provided within 1 month of signing date
The project can begin with the issuance of a purchase order or a signed contract.
Payment Schedule:
Total Project Cost: $300 payable within 30 days.
License Agreement
This additional work will not affect the on-going current license agreement costs.
M 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
VI., City of Ashland•Obligations
The City of Ashland and its staff will:
1. A 30-day window for approval and comment is provided here.
2. Report technical difficulties when they arise to GardenSoft.
VII. Contacting GardenSoft
Mark Chilcott
Director of Engineering
2686 Velarde Dr.
Thousand Oaks, CA 91360
Telephone: 805-492-0120
Email: Marko oardensoft.com
www.gardensoft.com
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.
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 I,PV"cDNi,&* (866) 467-8730 wc,Nu) (688) 443-6112
185821 P. (866) 467-8730 F: (888) 443-6112 AEDDDDR~E-SS:
PO BOX 33015 INSURER(S) AFFORDING COVERAGE NAIOe
SAN ANTONIO TX 78265 wsunERA: Sentinel Ins Co LTD
INSURED INSURERS:
WSURER C:
GARDENSOFT CORP INSURER 0:
2686 VELARDE DR WSURER 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.
WSR TYPFOFlNSURANCE ADDI SUB POLIGYNUeIBEB POLICY Fri, POLICYEXP Iihals
eravDLVYrr
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2,000,000
CLAIMS-MADE a OCCUR =T O RENTED $1, 0 0 0, 0 0 0
S Ea occurrence)
A X General Liab x 72 SBA IB6543 09/20/2018 09/20/2019 MED EXP (Any ami per-) s10,000
PERSONAL 8 ADV INJURY s2,000,000
GENII AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s4,000,000
0, 0 0 0
POLICY a PRO- Q LOG PRODUCTS - COMPIOP AGG s4,00
JECT
OTHER
COMBINED SINGLE LIMIT S
AUTOMOBILE LIABILITY (Ea accident)
ANY AUTO BODILY INJURY (Per poison) 5
OWNED SCHEDULED BODILY INJURY (Peracckient) 5
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) 5
5
UMBRELLA (JAB OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE
D RETEmnoN i
a ORLPRS CIPSIPENS'AlnN PER OTR-
.tNDEVPLOrFJS1LNAnrlr STATUTE ER
ANY PROPRIETORIPARTNERIEXECUTIVEIIN E.L. EACH ACCIDENT
OFFICERIMEMBER EXCLUDEDT ❑ N/A
(A(sndstaq in NH) E.L. DISEASE- EA EMPLOYEE
If yes, describe under E.L. DISEASE -POLICY LIMIT s
DESCRIPTION OF OPERATIONS below
7
DESCRIPTION OF OPERATIONS /LOCATIONS I VE1flCPMRD 101, Additional Remarks Schedule, maybe attached if more space is squired)
Those usual to the Insured's Operations. Certificate Holder is an Additional
Insured per the Business Liability Coverage Form SS0008 attached to this
policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
City of Ashland DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Julie Smitherman AUTHORUED REPRESENTATIVE
51 WINBURN WAY 6aaz
ASHLAND, OR 97520
1988-2015 ACORD CORPORATION. All rights reserver
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
i
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 init S1 the appropriate box as follows:
SOLE PROPRIETOR
■ Contractor is a sole proprietor, and
■ Contractor has no employees, and
■ Contractor will not hire employees or subcontractors to perform this contract.
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 wort: is performed by volunteers, and
■ Contractor will not lure 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 with the
construction. alteration. repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.**
OA&C, Ylubt~ col
(Signature of Authorized Signer) (Date)
irectr" of Dn~rah
(Signer'sTitl
*NOTE: Under OAR-1 16-50-050 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 WItIST APPEAR ON ALL
B City of Ashland INV-01GES, AND SHIPPING DOCUMENTS.
I ATTN: Accounts Payable Purchase
L 20 E. Main 20190351
Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V S C/O Conservation Division
E GARDENSOFT CORP H 20 East Main Street
ND 2686 VELARDE DRIVE p Ashland, OR 97520
O THOUSAND OAKS, CA 91360 Phone: 541/488-5306
R T Fax: 541/552-2050
~hanlpm _
ffillfi~
805 499-9689 Julie Smitherman
- - r ®r = - - _ _ = aka ran
01/29/2019 1006 FOB ASHLAND OR/NET30 City Accounts Payable
- - =erred==~ -
Software Update
1 Add language about prohibited plants in Ashland. 1 $300.0000 $300.00
Services Agreement
Completion date: 02/28/2019
Project Account:
GL SUMMARY
080600-610100 $300.00
By: l Date: l l i
A horize d'Signature PO Total $300.00
CKZ FORM #3 CITY OF
'
A request for a Purchase Order ASHLAND
REQUISITION 5D t of request: 1/1,4119
Required date for delivery: C 22 is
Vendor Name C-rrxx-cLAvt -')oVk
Address, City, State, Zip 2La.P,t N1 t10.rCL v-;\1e.r i~uu5ct,td OQ~~Si CA °l jS6b
Contact Name & Telephone Number aam6C Gn slcott $05 -4 R 2 - D 120
Email address Card-W
YY~oxrlc@~ 5~. corn
SOURCING METHOD
54 Exempt from Competitive Bidding ❑ Emergency
bg Reason for exemption:5of#uoor a uOdat ❑ Invitation to Bid ❑ Form 913, Written findings and Authorization
® AMC 2.50 . O`AG (t2 f2) Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached Attach co of council communication If council approval re uired, 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 #
❑ Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington
Date approved by Council: Contract #
Attach co of council communication ❑ Other government agency contract
Intermediate Procurement ❑ Sole Source Agency
GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract #
Greater than $5,000 and less than $100.000 ❑ Written quote or proposal attached Intergovernmental Agreement
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services >$5K & <$75K Agency
PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000.
Greater than $5,000 and less than $75.000 ❑ Form #9, Request for Approval Agreement approved by Legal and approved/signed by
❑ Direct appointment not to exceed $35,000 ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4)
❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council
❑ Form 94, Personal Services >$5K & <$75K Valid until: Date approval required. (Attach copy of council communication)
Description of SERVICES Total Cost
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Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
® Per attached quotelproposal TUTI►L.CO§T'
Project Number- _ _ _ _ _ _ Account Number O8O G 0-0-_(_1k O %00 Account Number Account Number
"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:
ITDirector Date Support-Yes/No
By signing this requisition farm, I certify that the City's public contracting requirements have been satisfied.
Employ e: Department Head / P J AI Za&
(Equal to or greater than $5,000)
Departm Manager/Supervisor: CityAdministrato:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year.., YES / NO
Finance Director- (Equalto orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition