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HomeMy WebLinkAbout2019-088 20190200 Pathway Enterprises GOODS & SERVICES AGREEMENT PROVIDER: Pathway Enterprises, Inc. CITY OF PROVIDER'S ASHLAND CONTACT: Richard Simpson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1600 Skypark Drive, Suite 101 Telephone: 541/488-5587 Medford, OR 97504 Fax: 541/488-6006 PHONE: (541)973-2728 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Pathway Enterprises,Inc.,a domestic business corporation("hereinafter"Provider"), for prepping,priming and painting shop floors. 1. PROVIDER'S OBLIGATIONS 1.1 Prep, prime and paint shop floors 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 goods and 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 Pathway Enterprises,Inc. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$1,552.82 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$1,552.82 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. 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 279B.220, 279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Pathway Enterprises,Inc. if 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 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 Rate Sheet dated August 22, 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. 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 June 30, 2019, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Pathway Enterprises,Inc. 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—Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Pathway Enterprises, Inc. Attn: Richard Simpson 1600 Skypark Drive, Suite 101, Medford, OR 97504 (541)973-2728 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: Page 4 of 5: Agreement between the City of Ashland and Pathway Enterprises,Inc. I , • (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 A HLAND: Pathway Ente rises,Inc. (P OVIDER): By: By: .r _ ■i/,��.�� Signature Signature R441.4- G: t✓•.) S r M QS t!∎ Printed Name Printed Name P� S/e=T-i2 Con**1(+S .o I fe Ci-or Title Title 7540 cif $IZRIzo, Date Date (W-9 is to be submitted with this signed Agreement) 7 ,2G9 Purchase Order No. Page 5 of 5: Agreement between the City of Ashland and Pathway Enterprises,Inc. . . , , . pathw ay a I nc. CCB License # 218417 Property Service License # 40205 8/22/2018 Quote for painting services Quote Number 1007 This offer is valid until 11/20/2018 Prepared By Richard Simpson; Pathway Enterprises, Inc. 1600 Sky Park Drive #101 Medford Oregon 97504 541-601-4550 Prepared For David Arnold; Facilities City of Ashland 90 N Mountain Ave. Ashland, Oregon 97520 Name and location of project 140 S 3rd Street Central Point, Oregon 97502 1600 Skypark Drive #101, Medford, OR 97504 Page 1 www.pathway-inc. org info@pathway-inc. org •athwa" Quote for Painting Services# 1007 vv CCB License # 218417 Enterprises. Inc. Prepared By Prepared For Richard Simpson; Pathway David Arnold; Facilities Enterprises, Inc. City of Ashland 1600 Sky Park Drive #101 90 N Mountain Ave. Medford Oregon 97504 Ashland, Oregon 97520 Date 8/22/2018 Price Breakdown Labor Cost 1, 045.67 quote # 1007 Supplies 104.57 3uilt Equipment Rentals Location of project Sub Contractors 140 S 3rd Street Paint / Coating Cost Central Point, Oregon 97502 Over Head + Mark Up ( 402.58 Final Pricing ( $1,552.82 I [temized Labor Qt/ Labor STD # Hr Adj Measure Quantity Hours 2S Chemira1 spray - pump up 5ff) 100% Sq. Ft_ 65() 1 .1n 22 Prpssurp wash 150 1505 Sq Ft . R00 R 41 1R neck rn11 150 150m Sd_ Ft. 1400 14.00 27 Flnnr Sanding 1M Sq Scrub 100 100% Sq. Ft_ 1400 14.00 1 ,1 .. Proposed Services Pathway Enterprises proposes to clean, sand, prepare, and paint approximately 650 square feet of concrete flooring at the City of Ashland Street Shop. Contractor will clean the concrete with a water based alkaline cleaner, sand the surface with a 3M sanding pad and power sander, and perform all needed preparatory steps to protect non target surfaces from paint application. Services will performed in the following sequence: 1. Pressure washing and or machine scrubbing of subject surfaces will be conducted. 2. Non target surfaces will be taped, masked, and shielded prior to painting. 3. Two coats of customer supplied epoxy coating will be applied to the designated areas. 5. The contractor will remove all preparatory materials and leave the area in a presentable and similar shape as it was prior to the work being performed. Pathway will perform services beginning on a Friday and will finish the final coat application by 2:00 PM Sunday. 2. Excluded Services This agreement does not include any work not explicitly described in the above proposed services. 3. Customer preparation requirement Customer is expected to remove obstacles from areas subject to services at the time those services are scheduled. The customer will have the epoxy paint needed to complete the work in sufficient quantity to complete the outlined work. Failure to do so will impose additional cost on the contractor. Reasonable costs incurred by the contractor due to insufficient customer preparation will be assessed andibilled to the customer. 2 4 . Drawings and specifications N/A 5. Paint Colors and Coatings Base Color Trim Color Accent Color Other Coatings— 6. Attachments 1. Construction Lein Notice 2. QRF Contracting Statement 7 . Work completion range 9/1/2018 - 10-31-2018 Payment Requirements Contract payment type Lump Sum Contract payment amount $1, 552.82 *60% deposit Payment terms Net 30 8 . Scheduled Payment Requirements Due Date Payment Amount * Deposit must be received 2 days before work commences. Lack of payment will nullify agreement. 9. Conditions for schedule delays Services are dependent on favorable weather conditions. Work completed within the completion date range is not subject to damages for delay. Incomplete work due to unfavorable weather conditions is not subject to damages for delay. Damages are limited to the cost of the incomplete work. 3 10. Procedures for change orders If changes are required to the scope of work the customer must submit a written request for the change. The cost of this change will be proposed in a change order form and the work will move forward if all parties are in agreement to the change order. 11 . Insurance and indemnity 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 b. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 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 Enter one: $200,000, $500,000, $1,000, 000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 12. General Conditions Pathway Enterprises Inc. warranties against defects in workmanship to the purchaser. If disputes arise during or after the contracted work is completed Pathway will work closely with the customer to find a resolution to the arising issues. If an agreement cannot be established then resolution will be sought through Alternative Dispute Resolution. This may include either negotiation, mediation, collaborative law, or arbitration as determined by Pathway Enterprises Inc. Customer have the following rights: a. to receive the products and services agreed to in this contract. b. the right to resolve disputes through means outlined in the contract. c. the right to file a complaint with the CCB. Any arbitration or mediation clauses in the contract may prevent the CCB from processing. Customer has the right to cancel this agreement by midnight of the next business day of signing the agreement. Cancelation requires written notice delivered to Pathway Enterprises Inc. 's office at 1600 Sky Park Drive Suite 101, Medford Oregon 97504. Verification of Offer Acceptance of Offer 8/22/2018 Richard Simpson; Pathway David Arnold; Facilities Enterprises, Inc. City of Ashland 1600 Sky Park Drive #101 90 N Mountain Ave. Medford Oregon 97504 Ashland, Oregon 97520 541-601-4550 4 • Information Notice To Owner About Construction Liens (ORS 87.093) This is not a lien. Your contractor is required by law to provide this notice to inform you about construction lien laws. This notice explains the construction lien law, and gives steps you can take to protect your property from a valid lien.As an owner, you should read this information notice carefully. This information notice is required to be given if you contract for residential construction or remodeling, if you are buying a new home, or at any time the contract price ex- ceeds $2,000. • Under Oregon law, your contractor and others who provide labor, materials, equipment, or services to your project may be able to claim payment from your property if they have not been paid. That claim is called a Construction Lien. • If your contractor does not pay subcontractors, employees, rental equipment dealers, materials suppliers, or does not make other legally required payments, those who are owed money may place a lien against your property for payment. It is in your best interest to verify that all bills related to your contract are paid, even if you have paid your contrac- tor in full. • If you occupy or will occupy your home, persons who supply materials, labor, equipment, or services ordered by your contractor are permitted by law to file a lien against your property only if they have sent you a timely Notice of Right to Lien (which is different from this Informa- 1 tion Notice), before or during construction. If you enter into a contract to buy a newly-built, partially-built, or newly-remodeled home, a lien may be claimed even though you have not received a Notice of Right to a Lien. If you do not occupy the building, a Notice of Right to Lien is not required prior to filing a lien. This notice is not intended to be a complete analysis of the law.You should consult an attorney for more information. Common Questions and Answers About Construction Liens Can someone record a construction lien even if I pay my contractor? Yes.Anyone who has not been paid for labor, material, equipment, or services on your project and has provided you with a valid Notice of Right to Lien has the right to record a construction lien. What is a Notice of Right to Lien? A Notice of a Right to Lien is sent to you by persons who have provided labor, materials, or equipment to your construction project. It protects their construction lien rights against your property. What should I do when I receive a Notice of Right to Lien? Don't ignore it. Find out what arrange- ments your contractor has made to pay the sender of the Notice of Right to Lien. When do construction liens need to be recorded? In Oregon, construction liens generally need to be recorded within 75 days from the date the project was substantially completed, or 75 days from the date that the lien claimant stopped providing labor, material, equipment, or services, whichever hap- pened first. To enforce a lien, the lien holder must file a lawsuit in a proper court within 120 days of the date the lien was filed. Note to Contractor:This notice must be delivered personally,or mailed by registered mail,certified mail,or by first-class mail with a certificate of mailing.Ask the signing parties to provide you with an original or copy to retain in your files.You should retain proof of delivery of this notice for at least two years. Property Service License # 40205 CCS License # 218417 www.pathway-inc.org info @pathway-inc.org Quote Number Page 6 1007 1600 Skypark Drive #101, Medford, OR 97504 • Steps That Consumers Can Take to Protect Themselves • Contact the Construction Contractors Board (CCB) and confirm that your contractor is licensed. The law requires all construction contractors to be licensed with the CCB. Check a contractor's license online at the CCB consumer website: www.oregon.gov/ccb, or you can call 503-378-4621. • Review the Consumer Protection Notice(ORS 701.330(1)), which your contractor must provide to you at the time of contract on a residential structure. • Consider using the services of an escrow agent to protect your interests. Consult your attorney to find out whether your escrow agent will protect you against liens when making payments. • Contact a title company about obtaining a title policy that will protect you from construction lien claims. • Find out what precautions, if any, will be taken by your contractor, lending institution, and architect to protect your project from construction liens. • Ask the contractor to get lien waivers or lien releases from every subcontractor, materials pro- vider, equipment provider, and anyone else the contractor is responsible for paying. Do this before you give your contractor a progress payment. • Have a written contract with your contractor. A written contract is required for projects greater than $2,000.An original contractor that fails to provide a written contract as required by law, may not place a construction lien against the owner's property. • If you receive a Notice of Right to Lien, ask for a statement of the reasonable value of the materials, labor, equipment, or services provided to your project from everyone who sends you a Notice of Right to Lien. If the information is not provided in a timely manner, the sender of the Notice of Right to Lien may still be able to file a construction lien, but will not be entitled to attorney fees. • When you pay your contractor, write checks made jointly payable to the contractor, subcontractors, materials, equipment, or services providers.The checks name both the contractor and the subcontractor, materials or equipment provider. The checks can only be cashed if both the contractor and the subcontractor, materials or equipment provider endorses it. Be aware that many banks will not accept checks made payable to multiple parties unless each party appears at the bank with government-issued identification at the time of deposit. Your contractor may wish to check with its bank and advise whether this is an option. • Should you have a dispute with your contractor, you may be able to file a complaint with the CCB and be reimbursed in whole or in part from the contractor's bond. For more details about help available through the agency, write to the CCB at PO Box 14140, Salem, OR 97309-5052 or call 503-378-4621. • Consult an attorney. If you do not have an attorney, consider contacting the Oregon State Bar Referral Service at 503-684-3763 or 1-800-452-7636. Signing this Information Notice verifies only that you have received it.Your signature does not give your contractor or those who provide material,labor,equipment,or services,any additional rights to place a lien on your property. Job Site Address: 140 S 3rd Street CONTRACTOR: CCB#: 218417 PROPERTY OWNER: David Arnold; Facilities Richard Simpson; Pathway Enterprises, Inc. David Arnold; Facilities Print Name(as it appears on contract) Print Name(as it appears on contract) 8/22/2018 Signature Date Signature Date f:information_notice_hens.adopted 9-16 Property Service License # 40205 CCB License # 218417 www.pathway-inc.org info @pathway-inc.org Quote Number Page 7 1007 1600 Skypark Drive #101, Medford, OR 97504 Qualified Rehabilitation Program Sole Source Statement Pathway Enterprises Inc. is a QRF vendor who has been determined suitable to provide this service to government entities. The pricing methodology used in this proposal is compliant with methodology approved by the Department of Administrative Services. This law applies to all public agencies with in the State of Oregon unless specifically exempted through legal exception. Buy Decision priority Is this available through? Description Surplus provides a central repository for the collection,reutilization,and 1.Surplus Property public sale of excess and surplus property and vehicles for all state agency and public entities.An agency must look to see if the products are available through surplus before going out to the open market Refer to the full section on Surplus Property for more information. A Qualified Rehabilitation Facility(QRF)is a non-profit rehabilitation 2.Qualified organization employing individuals with disabilities.QRFs provide services Rehabilitation such as janitorial services,recycling services,food and beverage services, Facility Program temporary staffing services,etc.An agency must assess the availability of (QRF) products or services from a QRF before going out to the open market Refer to the full section on Qualified Rehabilitation Facility Program for more information. Oregon Corrections Enterprises(OCE)provides full-time work or on-the-job 3.Inmate labor training to inmates.OCE provides products and services such as furniture, office setting,signs,park equipment,printing services,call centers,and laundry services.An agency must consider products or services from OCE before going out to the open market Refer to the full section on Inmate Labor for more information. An agency is required to purchase products and services from DAS Statewide 4.DAS Statewide Price Agreements when other steps in the Buy Decision do not yield results. Price Agreements An agency may purchase products or services from a price agreement,and may conduct a competitive process within a multiple award agreement Most commonly used products and services are found on the price agreements. Refer to the full section on DAS Statewide Price Agreements for more information. If steps 1-4 of the Buy Decision do not yield results,an agency may procure 5.Open market needed products and services through the open market Open market methods are described below. Note:The Buy Decision priority outlines the order described in OAR 125-247-0200(2)(a)-(d).If a higher priority source satisfies a procurement need,and law requires the use of that source,the agency must procure through that higher priority source and may not elect to procure through a lower priority source. Qualified Rehabilitation Program Sole Source Statement The priority does not apply to ORS 190 Agreements that promote the use of existing state resources, including an Interagency Agreement,Intergovernmental Agreement,Interstate Agreement, International Agreement,or Tribal Agreement(refer to OAR 125-246-0365).An agency may elect to use an ORS 190 Agreement at any time. What is the QRF Program? The Qualified Rehabilitation Facility(QRF) Program is an Oregon state government procurement program managed by the Department of Administrative Services(DAS).The program is intended to encourage and assist individuals with disabilities achieve maximum personal independence through productive and gainful employment.The program assures an expanded and constant market for QRF products and services,thereby strengthening a QRF employee's vocational goals and capacity for self- support. What is a QRF? A QRF is a non-profit rehabilitation corporation that employs individuals with qualifying disabilities to provide products and services.The DAS QRF Program is responsible for qualifying a rehabilitation program as a QRF.A QRF must employ individuals with qualifying disabilities for at least 75%of the hours of direct labor across the entire company.A QRF's mission must include providing vocational services that enable employment opportunities for individuals with disabilities. Once qualified by DAS,and found suitable for providing products and services through the program,the QRF is placed on the QRF Program Procurement List.The list details the products and services offered by a QRF organization,which DAS has determined to be suitable for purchase by public agencies. When to use QRFs ORS 279.850 mandates state agencies to procure products and services that are included on the QRF Program Procurement List available on the DAS website.Agencies that seek to procure products or services found on this list must procure through the QRF Program,provided the product or service meets the agency's quantity,quality,and delivery specifications. The QRF Program allows an agency to acquire directly from the QRF and does not require a competitive procurement.If more than one QRF provides the needed product or service,the agency may engage multiple QRFs,and may,based on preference,select the one that best demonstrates that it: • Complies with applicable labor standards,ordinances and resolutions;and • Provides wages,benefits,and services that exceed those provided by private employers to employees who perform similar job functions in the same industry or county. Qualified Rehabilitation Program Sole Source Statement How to process QRF procurements Agencies must make their Buy Decision in the priority order specified in administrative rule(OAR 125- 247-0200).The QRF Program is the second priority source and an agency may not elect to procure through a lower priority source,unless it is determined that the procurement need cannot be met due to factors such as inability to meet quantity,quality or delivery.Agencies may not develop overly restrictive specifications in an effort to avoid use of QRF products and services. Procurement of products Process Description Check availability Visit the DAS QRF website and search the QRF Program Procurement List to locate the product. Verify specification: 1.Is the product available through a listed QRF? quantity,quality, delivery a. If yes,send the specification to the QRF to verify the product meets agency specifications.Note:Review established QRF price agreements in ORPIN.If a QRF price agreement isn't established,contact the QRF for pricing. b. If no,the agency should assess Buy Decision priority 3-Inmate labor. Evaluate responses 1.Is the QRF responsive to the procurement need? a. If yes,evaluate the non-profit agency for compliance with local ordinances and wage,benefit,and services criteria,and select the QRF accordingly. b. If no,the agency should assess BUN Decision priority 3-Inmate labor. Conduct legal review of If contract value exceeds$150,000,the agency must submit the final negotiated contract contracts over$150,000 to the Attorney General for required legal sufficiency review. Procurement of services Process Description Check availability Visit the DAS ORE'website and search the QRF Program Procurement List to locate availability of the service in the applicable county. Verify specification: 1.Is the service available through a listed QRF? quantity,quality, delivery a. If yes,is there an existing statewide price agreement that can be purchased from directly?Otherwise,send the Statement of Work(SOW)to one or more QRFs to verify that the provided service meets the agency's specifications and obtain quotes for the service. b. If no,the agency should assess Buy Decision priority 3-Inmate labor. Qualified Rehabilitation Program Sole Source Statement Prepare response 1.In certain cases,the agency may invite one or more QRFs to a site visit to review the (QRF) SOW and allow them to assess the area where the service is to be provided. 2.In its response to the SOW,the QRF will provide a cost workbook outlining the costs associated with providing the needed service. Evaluate responses 1.The QRF Program reviews the responses to: a. Verify the QRF is qualified for the service and that they are in good standing. b. Review and approve the SOW or specifications,the costing workbook,and any additional information such as square feet of the area to be serviced,delivery requirements,and any other useful information to determine the cost of providing the service. 2.Are responses consistent with requirements of the QRF Program? a. If yes,the agency proceeds to evaluate and select a preferred provider if more than one.Note:if the initial price of the QRF response exceeds its budget estimate,an agency is expected to make a good faith effort to give the QRF a chance to negotiate with the agency on the price of the service. An agency should coordinate with the QRF Program to assist in the evaluation of QRF capabilities relative to agency requirements if questions arise. b. If no,agency to assess Buy Decision priority 3-Inmate labor. Conduct legal review If the contract value exceeds$150,000,the agency must submit the final negotiated of contracts over contract to the Attorney General for required legal sufficiency review. $150,000 Additional considerations Working with QRFs If an agency requires a product or service not currently included on the QRF Program Procurement List, it may conduct due diligence with the QRF to determine its ability to satisfy this requirement.If so,the QRF Program must verify that the QRF is qualified to provide the requested product or service and that it is in good standing.Additionally,the QRF is required to file information to demonstrate their suitability for providing a particular product or service. The Program will also review and approve the cost workbook submitted.While this may add time to an agency's procurement,future procurements for this particular product or service will be expedited as a result of the investment in expanding the QRF products and services market.The legislature intends for close cooperation between the QRF Program,agencies,QRFs,and people with disabilities to efficiently realize the objectives of the Program. Qualified Rehabilitation Program Sole Source Statement Negotiating with QRFs If the initial price of the QRF response exceeds an agency's budget estimate,it should make a good faith effort to give the QRF a chance to negotiate on the price of the product or service.The QRF could have a misunderstanding about an agency's requirements or might have made a mistake somewhere in their price calculation.It could also be that the agency specifications exceed the allotted procurement project budget.When the agency and QRF have reached a negotiated agreement on price,the QRF and the agency must submit that price to DAS on an approved form for final determination. Note:DAS may be invited by either the agency or the QRF to facilitate any negotiations. Contract and performance management One of the biggest advantages of doing business with a QRF is that it is a relationship,not just a one-time competitive bidding arrangement.QRF businesses are established to provide stable,ongoing employment for Oregonians with disabilities.Agencies should expect the same quality products and services from a QRF as they expect from any other contractor.Agency procurement professionals and contract administrators serve in a unique position to advance the important outcomes of the QRF Program. When a contract is initiated in an agency,the contract administrator should meet with the QRF to discuss the contract and assure that both parties understand what is expected of them and to clearly set performance expectations for the QRF.For example,if a QRF is doing custodial services,it might benefit everyone involved to plan a joint walk-through on a weekly basis at the beginning of the contract. The contract with the QRF should be treated like any other state contract. • If a change is required,both the agency contract administrator and the QRF representative should work together to formally document an amendment. • If an issue arises,the agency contract administrator should communicate the issue to the QRF representative immediately.If a problem cannot be resolved after properly escalating the concerns to the QRF representative,the agency should involve the QRF Program to help mediate the problem. • If the problem can still not be resolved,the agency has authority to terminate the contract just as it would with any other state contract. A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/16/2018 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 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 endorsement(s). PRODUCER CONTACT Kimberly Edwards NAME: Ashland Insurance Inc IAICONNO,Extl: (541)857-0679 FAx No): (541)857-9883 801 O'Hare Parkway,Ste 101 E-MAIL kedwards @ashlandinsurance.com ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# Medford OR 97504 INSURERA: Berkshire Hathaway Specialty Ins.Co INSURED INSURER B: SAIF Corporation Pathway Enterprises Inc INSURER C: Philadelphia Indemnity Ins Co 1600 Skypark Drive,Suite#101 INSURER D: INSURER E: Medford OR 97504 INSURER F: COVERAGES CERTIFICATE NUMBER: 18 19 Master 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A X Professional Liability Y 47SPK25497302 07/01/2018 07/01/2019 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO X POLICY 3,000,000 JECT LOC PRODUCTS $ OTHER: Professional Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 47RWS25497402 07/01/2018 07/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ 1,000,000 AUTOS ONLY _ AUTOS ONLY (Per accident) Uninsured Motorist $ 1,000,000 ' UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A X EXCESSLIIAB CLAIMS-MADE 47SUM25497502 07/01/2018 07/01/2019 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION �//� STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1 B ANY PROPRIETOR/PARTNER/EXECUTIVE NIA 524679 04/01/2018 04/01/2019 E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 10 , 00000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Each Occurrence $ 1,000,000 Directors&Officers Liability C Employment Practices Liability PHSD1261399 06/30/2018 06/30/2019 Each Occurrence $ 1,000,000 Retention $ 2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Ashland,Oregon,its officers,agents and employees are included as Additional Insured for General Liability coverages with written contract.This form is subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. 90 N Mountain Ave AUTHORIZED REPRESENTATIVE y/ I Ashland OR 97520 ,, ,/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ki Purchase Order ,at Fiscal Year 2019 Page: 1 of: 1 B City of Ashland _ _ - I ATTN: Accounts Payable Purchase L 20 E. # Main 20190200 Ashland, OR 97520 Order T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Facilities Maintenance Div E PATHWAY ENTERPRISES INC I 90 North Mountain Ave N 1600 SKY PARK DR STE 101 p Ashland, OR 97520 D MEDFORD, OR 97504 Phone: 541/488-5358 R T Fax: 541/552-2304 R O 9=1:1Bi=1_ 1on.-'911!111.1=1 °i=Mat.=-_—4 sii 81=1�=7¢=1=S MIll8 1=.`111__! 1 ! - =-'=!-111'_'-1 =e':-1 -L1=s[E_ - (541) 488-1536 David Arnold °Ba[ DBF9u 85Ig18 el®E §1181-1�=01 11e:-1 -10 g:=1=° ,D1=118 0 a1ln 1[=1=41;=10.11`--_— 6l_8.€1 11-1 La atior --- 09/10/2018 509 FOB ASHLAND OR City Accounts Payable _ ._ -- _.- bawainalltea@ = — —@4 ®rah,&- a 71,'4; .,- kt$11ttat1 L Paint shop floors 1 Prep, prime and paint shop floors 1 $1,552.8200 $1,552.82 Goods &Services Agreement Completion date: 06/30/2019 Project Account: ............... GL SUMMARY ............... 082400-602400 $1,552.82 I I I I 1 1 '1 [ le I By: / Date: f Ii Au ized Sigma re Pja$ _ $1,552.82 FORM #3 g/7 dp CITY OF 1 c ASHLAND 6. REQUISITION _C) ( (' Date of request: 9/6/18 ' V / Required date for delivery: Vendor Name Pathway Enterprises,Inc. Address,City,State,Zip 1600 Sky Park Drive Suite 101,Medford,OR 97504 Contact Name&Telephone Number Richard Simpson 541-973-2728 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _ Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy 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 copy 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#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Prep,prime and paint shop floors $ 1,552.82 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST $ Project Number _ _ _ Account Number 082400-602400 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: IT Director Date Support-Yes/No By signing this requisite rr I certify that e City's public contracting requirements have been satisfied. Employee: . Department Head: // / 75 Zo/g T (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrato (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