HomeMy WebLinkAbout2019-063 20190108 Bar Code Services
BAR CODE SERVICES
CITY 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 TELEPHONE: 541.488.1468 FAX: 541.482.0310
Fax: 541/488-5311 EMAIL:WILL@BARCODESERVICES.COM
EFFECTIVE DATE: 07/01/18 COMPLETION DATE: 06/30/19
COMPENSATION:
$100.00 PER HOUR FOR OFF SITE WORK; MINIMUM ON SITE BILLING $175.00 PER HOUR, NOT TO EXCEED $4,000.00.
ELECTRIC DEPARTMENT
GOODS AND SERVICES TO BE PROVIDED:
Software maintenance for project billing and cost estimation programs, including upgrades.
ADDITIONAL TERMS:
In the event of a conflict or discrepancy among the Contract Documents, this City of Ashland Contract will be primary and take precedence, and any
exhibits or ancillary agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the
said primary 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, 2798.235, 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 PENAWote,~; F AW THAT THE WORK REQUIRED BY THIS
CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: 1
b. General Liability insurance with a combined single limit, or the equivalent, o han $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.
16. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
17. Consultant's compliance with Oregon Tax Law:
(1) Consultant represents and warrants to the City that Consultant 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 Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.
(2) Consultant represents and warrants that, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreeme
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 An tax provisions imposed b a political subdivision of the State of Oregon applicable to Consultant; and
Revised 10-28-14 Page 1 of 2
(iii) Any rules, regul ions, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.
'Contractor: City of Ashland: -
By 4_,
By
Signatu a Department Head
Print Name nn ame
Title Date
(W-9 is to be submitted with the signed contract.) Purchase Order No.
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on
the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not
subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the
Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or
dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents
and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when
executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c)
the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor
is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of
perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the
entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the
contract documents, and has checked four or more of the following criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my
residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by
the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating
to the labor or services to be provided.
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4d
Contractor (Date)
Revised 10-28-14 Page 2 of 2
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, 2018
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, 2018 - 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 2018 through June 2019; Not to exceed: $4,000. Technical support to be provided on an "as
needed" basis and billings submitted at an on-site hourly rate of $120/hr. Non-on-site billings are at an hourly rate of
$100/hr. Minimum on-site billing $175.00
'``C<?RV CERTIFICATE OF LIABILITY INSURANCE D07/13/20 8 )
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).
NAME: Sherri Altamirano
PRODUCER Brian Conrad State Farm Insurance CONTACT
1806 Ashland Street PHONE 541 482-8470 ac No:541 482-6956
EMAIL
Ashland, Oregon 97520-2331 ADDRESS: sla@clearlyconrad.com
O INSURERS AFFORDING COVERAGE NAIC #
INSURER A : State Farm Fire and Casualty Company 26143
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. NOTV41THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DDfYYYY MPOLI M/DD~ LIMITS
LTR
GENERAL LIABILITY ❑ EACH OCCURRENCE $ 1,000,000
L-NIEU
occurrence $
X COMMERCIAL GENERAL LIABILITY 97-BH-A606-6 02/0112018 02/01/2019 PREMISES Ea
CLAIMS-MADE a 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
RO- LOC $
POLICY P
JECT
AUTOMOBILE LIABILITY Eaacci ❑ COMBINdenED tSINGLE LIMIT
S
BODILY INJURY (Per person) $
ANY AUTO
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
(Per acciden $
HIREDAUTOS AUTOS
UMBRELLA LIAB H OCCUR ❑ EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION WC STATU• OTH-
AND EMPLOYERS' LIABILITY LI I
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $ 500,000
OFFICEIMEMBER EXCLUDED? NN N/A 97-B2-R456-7 05/19/2017 05119/2018
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 500,000
If yes, describe under
E.L. DISEASE - POLICY LIMIT $ 500,000
DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
Bar Code Services - Business Office Policy and Workers Comp. Policy
500 Heiman St
Ashland, Oregon 97520
Additional Insured: Southern Oregon University a University with A Governing Board
1250 Siskiyou Blvd. Ashland, OR 97520
CERTIFICATE HOLDER CANCELLATION
Southern University, its Officers, Directors, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Oregon y, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Agents, and Employees ACC ANCE WITH THE POLICY PROVISIO S.
1250 Siskiyou Blvd. rJ
AUTH IZED REP S T TIVE
Ashland, Oregon 97520 -
c 88- 010 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
t
CITY OF
FORM #3
ASHLAND
REQUISITION Date of request: 07112/2018
Vendor Name BAR CODE SERVICES
Address, City, State, Zip 500 HELMAN ST; PO BOX 1288
Contact Name WILL HERSHMAN
Telephone Number 541.488.1468
Email address WILLftBARCODESERVICES.COM
SOURCING METHOD
F11 Exempt from Competitive Bidding ❑ Emergency
E Reason for exemption: Software Maintenan ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
AMC 2.50 090 (1) 121 Date approved by Council: R Written quote or proposal attached
El Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 El Written quote or proposal attached Date original contract approved by Council:
El (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
EON-Going Technical support for bar billing and estimating system utilized by Electric. Hourly rate:
on site $175/hr, off site work $100.hr, Contract from 07/01/18 to 06/30/18, not to exceed $4,000.00 $ 4,000.00 '
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
❑ Per attached quote/proposal TOTAL COST
Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. 41000.00
Project Number - - - - - - - Account Number 111800 - - ® 604100
Project Number Account Number ------°----__-9___~__-•--
Project Number Account Number
IT Director in collaboration with department to approve all hardware and software purchases:
By signing this requisition form, t certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes /No
Employee: ~~.t✓Le V 1~c C Department Head:
( (Eq`uarto or greatertha6 $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 or greater than $5,000) Date
Comments:
Form #3 - Requisition
Purchase Order
Fiscal Year 2019 Page: 1 of: 1
B City of Ashland
I
L 20 E. ATTN: Accounts Payable Purchase
L Ashland, Main OR 97520 Order # 20190108
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V H C/O Electric Department
E BAR CODE SERVICES 1 90 North Mountain Ave
N PO BOX 1288 P Ashland, OR 97520
D ASHLAND, OR 97520 Phone: 541/488-5357
ax: 541/552-2436
O U01 R F
Wateran
m - - - -
541 488-1468 Ma McCla
07/19/2018 659 FOB ASHLAND OR/NET30 Cit Accounts Pa able
nil! ZEN-!- spffpffl~-
Tech Support Estimating System
1 Technical support for Electric project billing and cost estimation 1 EST $4,000.0000 $4,000.00
programs, including upgrades.
Bar Code Services (Agreement less than $5,000)
Effective date: 07/01/2018
Completion date 06/30/2019
Project Account:
GL SUMMARY
111800 - 604100 $4,000.00
By:`G Date:
Authorized Signature - - $4,000.00