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2019-181 20200027 Enmotive
SERVICES AGREEMENT PROVIDER: EnMotive PROVIDER'S CONTACT: Josh Oliveri CI T Y OF �S H LAN D ADDRESS: 6800 NE 59th Place, Portland OR 97218 20 East Main Street Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE(503)926-2497; ioliveri @enmotive.com Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and EnMotive, Inc. a domestic business corporation ("hereinafter"Provider"), for database and chip preparation services for the 2019 4th of July Run. 1. PROVIDER'S OBLIGATIONS 1; 1.1 Provide database and chip preparation services for the July 4, 2019 4th of July Run 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." i 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; 3 • 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; 1 • 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 Paget of 5: Agreement between the City of Ashland and EnMotive Y • 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 workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of I federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$2500.00 (two thousand and five hundred dollars) for up to 850 participants in the 4m of July Run and $3.00 (three dollars) per participant in excess of 850 as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 1 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$3000.00(three thousand dollars-this is the maximum,not to exceed amount of this ENTIRE Agreement)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. Page 2 of 5: Agreement between the City of Ashland and EnMotive 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: 1 ORS 279B.220, 279B.230 and 279B.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 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 quote dated October 1, 2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. Page 3 of 5: Agreement between the City of Ashland and EnMotive ti • { 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 July 30, 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. 6.2.2 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 is not cured within that fourteen (14) day period after written written notice if the cause ( ) y p tt 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 a 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—Ashland Parks and Recreation Commission Attn: Rachel Dials 20 E. Main Street 5 Ashland,Oregon 97520 Phone: (541)488-5340 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: EnMotive Attn: Josh Oliveri 6800 NE 590h Place Portland,OR 97218 (503) 926-2497 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: Page 4 of 5: Agreement between the City of Ashland and EnMotive 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. CITY OF SHLAND: EnMo ' • /.' : ID )., By: By: , „ / r 1140141141 nSignature 61 Si - e Printed Name Printed Name r,C NW Otcli,ItP Title Title 7 / "U 11 G . 26 . 20/1 Date Date Purchase Order No. DO� (W-9 is to be submitted with this signed Agreement) APPROVD AS TO FORM 7AsNand Asst.City Attorney .'ate — -i Page 5 of 5: Agreement between the City of Ashland and EnMotive RUNNAWA-01 JRATKE ACORO DATE(MMIDDIYYYY) 4.-...,-- CERTIFICATE OF LIABILITY INSURANCE 7/3/2019 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 NAME: Rosenthal Bros.,Inc. PO Box 700 (AIC,"r o,E>tt):(847)940 4300 FAX No):(847)940-4315 Deerfield,IL 60015-0700 E-MAIL DSS: INSURER(SI AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B:WesCO Insurance Company 25011 Running Away Enterprises,LLC,Ram Racing INSURER C:Frankenmuth Mutual Insurance Company 13986 951 Corporate Grove Dr. INSURER D:Cincinnati Insurance Companies 10677 Buffalo Grove,IL 60089-4508 INSURER E:Philadelphia Indemnity Insurance Company 18058 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR N/VD (MM/DD/YYYYI (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPS3156324 3/26/2019 3/26/2020 DAMAGE TO RENTED 500,000 PREMISES(Ea occurrence) $ X Blkt Addtl Ins MED EXP(Any one person) $ 10,000 X Blkt Waiver Subro PERSONAL 8 ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 'ff LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: DAMAGE TO MCCOR $ 1,000,000 COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) _ $ X ANY AUTO WPP1620869 3/26/2019 3/26/2020 BODILY INJURY(Per person) $ AUTOS ONLY SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUOTOS ONLY (Per acEciident)AMAGE $ Comp/Coll $ A UMBRELLA UAB X OCCUR EACH OCCURRENCE _ $ 5,000,000 X EXCESSLIAB CLAIMS-MADE XBS0101931 3/26/2019 3/26/2020 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION X STATUTE W- AND EMPLOYERS'LIABILITY Y/N 6618044 3/26/2019 3/26/2020 1,000,000 ANYIPRO RIE TOER/P RTNER/E ECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Equipment Floater ENP 0185976 3/26/2019 3/26/2020 Rented/Leased Equip 75,000 E Employment Practices PHSD1420838 3/26/2019 3/26/2020 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:2019 4th of July Run.The City of Ashland,Oregon its officers,agents and employees are listed as an additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland,OR 97520 AUTHORIZED REPRESENTATIVE 4e,15 . - ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT JL SCOTTSDALE INSURANCE COMPANY® NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS3156324 03/26/2019 RUNNING AWAY ENTERPRISES LLC 12005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II - WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required on the project (other than service, mainte- to add as an additional insured on this policy under a writ- nance or repairs) to be performed by or on be- ten contract, written agreement or written permit which half of the additional insured(s) at the location must be: of the covered operations has been com- pleted; or a. Currently in effect or becoming effective during the term of the policy; and b. That portion of"your work" out of which the in- b. Executed prior to the "bodily injury," "property jury or damage arises has been put to its in tended use by any person or organization damage,"or"personal and advertising injury." other than another contractor or subcontractor The insurance provided to these additional insureds is lim- engaged in performing operations for a princi- ited as follows: pal as a part of the same project. 1. That person or organization is an additional in- 3. The limits of insurance applicable to the additional sured only with respect to liability for "bodily insured are those specified in the written contract, injury," "property damage" or "personal and adver- written agreement or written permit or in the Decla- tising injury"caused, in whole or in part, by: rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition a. Your acts or omissions; or to, the Limits of Insurance shown in the Declara- b. The acts or omissions of those acting on your tions for this policy. behalf. 4. Coverage is not provided for "bodily nju " ro 9 p Y � 1 ry," p p_ A person's or organization's status as an additional erty damage," or "personal and advertising injury" insured under this endorsement ends when arising out of the sole negligence of the additional your operations for that additional insured are insured. completed. 5. The insurance provided to the additional insured 2. With respect to the insurance afforded to these ad- does not apply to "bodily injury," "property dam- ditional insureds, the following exclusions are age," or "personal and advertising injury" arising added to item 2. Exclusions of SECTION I - out of an architect's, engineer's or surveyor's ren- COVERAGES: dering of or failure to render any professional serv- ices including: This insurance does not apply to "bodily injury," "property damage" or"personal and advertising in- jury"occurring after: Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright, ISO Properties,Inc.,2004 GLS-150s(7-06) Page 1 of 2 INSURED s a. The preparing, approving or failing to prepare written contract specifically requires that this insur- or approve maps, shop drawings, opinions, re- ance be primary. ports, surveys, field orders, change orders or drawings and specifications; and When this insurance is excess, we will have no du- ty under SECTION I -COVERAGES to defend the b. Supervisory, inspection, architectural or engi- additional insured against any "suit" if any other in- neering activities. surer has a duty to defend the additional insured against that "suit." If no other insurer defends, we 6. Any coverage provided hereunder will be excess will undertake to do so, but we will be entitled to over any other valid and collectible insurance avail the additional insured's rights against all those oth- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a er insurers. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,Inc.,2004 GLS-150s(7-06) Page 2 of 2 r , -- _. ,:.2t:,._ .;.:-... . N M 1 4 • • • ::. E _....., , .4_ 111"- ,-.:1. ..., . 1 - .. i . . _ . .. . . il I .4fr 11116-0: 11. E 1.... •.V .. ... . . , • . .. • 41 •,4-fto 5 • ■.. r. ts . , .., —:' -- TR V - ' -- SOUR .„.....,_ . _. -....-.. --1k. ENMOTIVE AND ...,..„..... • ......,._ --:•• , ..... _,. ..• THE CITY OF ASHLAND 4TH OF JULY RUN ... ...... . _ ,... , .....,....„, _ :_•,........._____ . 4,4 - , OP* OW' if' - , - glib , .0. - j41416.411" _ . A -1 , ,0•,,__ . 0' - - _ . .• . .. .,,4 .... . 4000-44 .,. . ., • . . Ilk , , .,. • . , . _ . . , J LLL '- The following is a service agreement fora vendor relationship between EnMotive and The City of Ashland, Oregon (Event Company). Please sign document on last page, and return to EnMotive. Prepared for: Rachel Dials& John Cornet I The City Of Ashland, OR Events Covered: The City Of Ashland 4th of July Run I July 4`h, 2019 Pricing Summary: SERVICE PRICING 1-yr agreement for Timing Only: $2,500 flat timing fee for up to 850 registrants, $3 per registrant over 850 Timing Fee for Service: 2-yr agreement for Timing with Registration Option: $2,125 for up to 850 participants if using EnMotive registration, $2.50 per registrant If the race commits to come onto registration for 2020, we will honor the$2.50 price per registrant for the 2019 race as well. 1-yr agreement: Optional, please notify if you'd like to add this service $1.25 per registrant for photography if TIMING service also purchased ($1,000 minimum Photography Fee for per event) I $1,062.50 cost if 850 registrants is hit, $1.25 per registrant over 850. Service Options: 2-yr agreement for Timing, Photos and Registration Option: $1.00 per registrant for photography if TIMING and REGISTRATION are both utilized ($750 minimum) I $850 cost if 850 registrants is hit, $1 per registrant over 850 $2,500 for timing I $1,062.50 for photography I $3,562.50 total for one year agreement Core Services Cost Estimated for 850 runners $2,150 for timing I $850 for photography I $3,000 for both with registration and 2 yr agreement for both 2019 and 2020 Final invoice will be calculated using the rates above based on total registered participants. Optional Timing Services -Event Company will cover the below agreed upon services: PRE-RACE/EXPO ITEM COST QTY TOTAL Boxes of Safety Pins (1440 pins per box) $8.00 per box 2 $16 Integration with outside message or App Services: $500 per service N/A Athlinks Race Day App (Ask for more details) *bases upon level and Market Price N/A size Custom Race Bibs; through partner vendor At Direct EnMotive Race N/A Cost$0.25 Provides EnMotive on-site registration and dynamic check-in platform— includes computers, printers, labels, scanners (fee waived if using $.25 per registrant N/A EnMotive Online Registration). Additional Production Services (crew, equipment, etc) can be contracted. Please inquire with specific needs and a quote will be N/A provided. RACE DAY: ITEM COST QTY TOTAL Additional Timing Locations (i.e Split, 'Cheater line', Expo) includes $500 per split 0 placement by EnMotive staff N/A Announcer Line and Computer Display Note: this does not include the announcer him/herself, or the sound $0—Bundled in 1 $0 system. The Announcer display is a timing line that shows the Timing Fee participant's name as they cross. Additional Single-Sided LED Timing Clocks; to be placed by Event $0 Company staff; additional cost to have EnMotive staff place clocks at 1 free $125 per clock 1 cost of labor and time. Clocks set-up at staffed timing location by with EnMotive staff will be included in clock cost. timing Timing Tent, (2)Tables, and (2) Chairs (if not provided by race $125 N/A director)— 1 required for each finish line and/or as discussed. Inflatable Arches/ Finish Structure; based on length and $250/each availability 1 $0 g y 1 Included in Timing Custom Digital Finisher Certificates (artwork to be provided by Event $0.15 per finisher Included $0 Company no later than 7 days prior to event) Live Participant Result Messaging via SMS, Facebook, Twitter $0.25 per registrant Included $0 On-Site Searchable Results—includes computers, internet—set of 5 $0—Bundled with 4 $0 Timing Fee Total Additional Services $16 SERVICE DETAILS Timing Services EnMotive will manage all aspects of pre-race computer/administrative services including: • Works with the Event Company and its online registration provider on data management prior to, on race weekend, and after the race including updates, additions, and corrections of any errors or information; To include download of all pre-registered entrants and assign corrals and bib numbers (based on parameters set by race staff)when necessary. • Preparing file for printing company with all data to be printed on bib (including QR code) and send by designated date (Event Company must review and approve final file for bib order to ensure correct number ranges are ordered). • Bib and Tag Preparation: o Labeling all bib numbers with pertinent information (if not pre-printed) o Attaching all disposable tags to bib numbers • $1 per for requested extra tagged bibs beyond the registered participants that go unassigned to any participants (i.e. Extra bibs tagged with timing chip for race day registration, but go unused). Charge for tags applied to additional requested race bibs but go unassigned to any participant(number of bibs to be tagged to be approved by Event Company). Use of EnMotive's Dynamic Bib Assignment can help ensure this is minimized. o Placing stickers on special groups (Event Company to provide stickers); o Delivering/Shipping bibs to Event Company, where they are under the supervision of the Event Company • Providing participant database information for other sources as requested by Event Company. • Providing event listing on the EnMotive HUB, including link to results site with live searchable race results. • Coordination of advertisement banners on the EnMotive HUB for your individual events, series, or sponsors. • Coordination of default Finisher Certificates through the EnMotive HUB. EnMotive will manage all aspects of event timing services to include: • Supplying Computers, printers, primary electronic timing systems, back-up systems and other hardware as needed to provide accurate and timely results • Disposable RFID tag technology with ChronoTrack timing systems at one (1) Start Line and one (1) Finish Line (included in cost) and all additional agreed upon timing locations, such as but not limited to splits, additional start or finish line(s), expo line(s) (additional costs may apply—see 'Additional Timing Services') • Perform all race-day input of participant data, having EnMotive staff available at Expo/Packet Pickup to assist in problem resolution and make corrections as needed (additional rates and travel costs may apply per`additional timing services'for additional days beyond race day). • (1) Double Sided LED Clock for Finish Line (additional clocks available; covered below) • Data management on and after race day including live results, awards, and scoring including: o Delivery of live, online, searchable results with detailed leaderboard and results views • Online Results example: Results Example o Awards Reports onsite in pre-determined age and gender categories o Direct support for post-race corrections requests and timing inquiries o Complete final results, data, and participant database files post-race, including any reports as requested to Event Company and any media and internet outlets. Event Company will provide the following event services and materials to include: • If not using EnMotive Registration, a solid database from the online registration provider with all data/all fields that are needed to be manipulated into a timing database • Sourcing of all race participant bibs and delivering in a timely manner for bib/tag pairing. o EnMotive can source bibs if needed at our direct cost; see"Additional Timing Services" • Staffing and coordination of race weekend(s) packet distribution including all registration volunteers • Electricity at all packet pickup and finish line locations; unless arranged by EnMotive to provide for additional fee • Protected, covered location at all finish lines for timing crew and announcer computer(if applicable), two tables, and two chairs- If none provided, EnMotive will charge$125 to provide and set-up. • Credentials for all EnMotive employees and vehicles as needed to provide service fulfillment Photography Services En Motive will manage all aspects of En Photo photography services to include: • Securing, providing, positioning and communicating with photographers—number to be confirmed upon discussion with race director and particular needs. Numbers may vary based on race logistics and size, but generally considered, number of photographers included in photography service fee will be the largest of the 3 numbers in the distance/participants table below: Race Distance-> 5K/10K Half Marathon Full Marathon <500 2 3 4 <1000 3 4 5 c a a < 2000 4 5 5 • Each 1,000 up to 6,000 1 add'I 1 add] *1 for each 2,000 0 N L n- Each 2,000 >6,000 up to 20,000* 2 add'I 1 for each 2,500 *1 for each 3,000 - o Race may request additional action/festival photographers at$50/hr(action/portrait) or$75/hr(promotional), 4h minimum. o Coverage to be tentatively requested 2 months prior and finalized 2 weeks prior. o Coverage may vary based on longer future race lengths. • Coordination of photo overlays for event branding/sponsorship opportunities • Option to participants for Results Overlays(showing name, finish time, and race distance) • Upload Service of all photos taken • Auto-Matching using patented software to tag participants to photos • Photos delivered directly on the participants' results page (if timed) on The HUB • Automatic notification via email linking race participants to page as they become available and regularly updated • Event Photo Gallery; in addition to integrated with results (if using EnMotive timing solution) • Administrative login for Event Company staff to view and retrieve photos • Analytics Reports post-event of various metrics (i.e. impressions, values, downloads, etc.) • Event Company retains ownership of rights to all photos. • Additional onsite travel supervision as may be coordinated and agreed upon in accordance with travel policies. Photography Sponsorship • • Participants' photos are provided to them free of charge. Photos are housed on each participant's race results webpage on EnMotive's HUB website and available on race day. Photos are 100%free to participants to download, email, and/or share to social media. • The Event Company may secure sponsor(s)for the Photography Solution. Sponsor(and/or event branding) may be included on: o The photo overlay of all participants' photos. o The event's HUB results and photos landing webpage where participants visit to see their race results and download and share their free photos. o The emails sent to participants notifying them of their free photos (on average, 2-3 photography emails sent per participant). • Example sponsor overlay on photos: Photo overlay example General Policies Cancellation Policy-Event Company will agree to the following weather/cancellation schedule: • Obligations under this agreement in the event that such failure is caused by or due to cancellation of the event by the event organizers OR the acts or regulations of public authorities, labor difficulties, civil tumult, inclement weather, strike, epidemic, interruption or delay of transportation service, or any other legitimate cause beyond the control of the event: o Prior to 7 days before the race start time AND bib preparation, travel or other services or expenses have not been rendered, then only forfeiture of any deposits will occur. o Prior to 7 days before the race start time AND bib preparation AND/OR other services or expenses have been rendered, then Event Company will pay/reimburse for any expenses occurred in preparation of the bibs or services and forfeiture of any deposits will occur. o Prior to 24 hours but less than 7 days before the advertised race start time, then 50%of the full-service invoice(as originally outlined in the service agreement) is due, plus any non-recoverable travel expenses. o Within 24 hours of the advertised race start time, but greater than 2 hours prior to advertised race start time, 75%of the full-service invoice(as originally outlined in the service agreement) is due, plus any non-recoverable travel expenses. o Within 2 hours of, or after the race advertised start time, 100% of the full-service invoice(as originally outlined in the service agreement) is due, plus any non-recoverable travel expenses. Event Company Liability: • Event Company is to list EnMotive under those covered by the Participant Release Waiver. • Event Company understands that they are solely responsible for managing the event course on race day which includes but is not limited to: recruiting/placing volunteer course monitors, traffic control and runner safety unless otherwise stated or agreed upon in this contract. Event Company understands EnMotive under no circumstances will be held accountable for these aspects of the event. The signatory below represents that he/she is an authorized representative of Event Company. Rachel Dials, on behalf of The City of Date Josh Oliveri, EnMotive Office Director Date Ashland Oregon /4th of July Run f ,, N .. ( , ,„,.... i'll'' .. _... .,.. lii' F I . f E N , .. i , ,`;: 47_ TH SOUR* - V� -a I V E . • 1 w ENMOTIVE AND • THE C ITY OF ASHLAND 4TH OF JULY RUN I Y V'- The following is a service agreement fora vendor relationship between EnMotive and The City of Ashland, Oregon (Event Company). Please sign document on last page, and return to EnMotive. Prepared for: Rachel Dials & John Cornet I The City Of Ashland, OR Events Covered: The City Of Ashland 4th of July Run I July 4th, 2019 Pricing Summary: SERVICE PRICING 1-yr agreement for Timing Only: $2,500 flat timing fee for up to 850 registrants, $3 per registrant over 850 Timing Fee for Service: 2-yr agreement for Timing with Registration Option: $2,125 for up to 850 participants if using EnMotive registration, $2.50 per registrant If the race commits to come onto registration for 2020, we will honor the$2.50 price per registrant for the 2019 race as well. 1-yr agreement: Optional, please notify if you'd like to add this service $1.25 per registrant for photography if TIMING service also purchased ($1,000 minimum Photography Fee for per event) I $1,062.50 cost if 850 registrants is hit, $1.25 per registrant over 850. Service Options: 2-yr agreement for Timing, Photos and Registration Option: $1.00 per registrant for photography if TIMING and REGISTRATION are both utilized ($750 minimum) I $850 cost if 850 registrants is hit, $1 per registrant over 850 $2,500 for timing I $1,062.50 for photography I $3,562.50 total for one year agreement Core Services Cost Estimated for 850 runners $2,150 for timing I $850 for photography I $3,000 for both with registration and 2 yr agreement for both 2019 and 2020 Final invoice will be calculated using the rates above based on total registered participants. Optional Timing Services - Event Company will cover the below agreed upon services: PRE-RACE/EXPO ITEM COST QTY TOTAL Boxes of Safety Pins (1440 pins per box) $8.00 per box 2 $16 Integration with outside message or App Services: $500 per service N/A Athlinks Race Day App (Ask for more details) *bases upon level and Market Price N/A size Custom Race Bibs; through partner vendor At Direct EnMotive Race N/A Cost$0.25 Provides EnMotive on-site registration and dynamic check-in platform— includes computers, printers, labels, scanners(fee waived if using $.25 per registrant N/A EnMotive Online Registration). Additional Production Services (crew, equipment, etc) can be contracted. Please inquire with specific needs and a quote will be N/A provided. RACE DAY: ITEM COST QTY TOTAL Additional Timing Locations (i.e Split, `Cheater line', Expo) includes $500 per split 0 placement by EnMotive staff N/A Announcer Line and Computer Display Note: this does not include the announcer him/herself, or the sound $0—Bundled in 1 $0 system. The Announcer display is a timing line that shows the Timing Fee participant's name as they cross. Additional Single-Sided LED Timing Clocks; to be placed by Event $0 Company staff; additional cost to have EnMotive staff place clocks at 1 free $125 per clock 1 cost of labor and time. Clocks set-up at staffed timing location by with EnMotive staff will be included in clock cost. timing Timing Tent, (2)Tables, and (2) Chairs (if not provided by race $125 N/A director)— 1 required for each finish line and/or as discussed. Inflatable Arches/ Finish Structure; based on length and availability $250/each 1 $0 g y 1 Included in Timing Custom Digital Finisher Certificates (artwork to be provided by Event $0.15 per finisher Included $0 Company no later than 7 days prior to event) Live Participant Result Messaging via SMS, Facebook, Twitter $0.25 per registrant Included $0 On-Site Searchable Results—includes computers, internet—set of 5 $0—Bundled with 4 $0 • Timing Fee Total Additional Services $16 SERVICE DETAILS Timing Services EnMotive will manage all aspects of pre-race computer/administrative services including: • Works with the Event Company and its online registration provider on data management prior to, on race weekend, and after the race including updates, additions, and corrections of any errors or information; To include download of all pre-registered entrants and assign corrals and bib numbers(based on parameters set by race staff)when necessary. • Preparing file for printing company with all data to be printed on bib (including QR code) and send by designated date (Event Company must review and approve final file for bib order to ensure correct number ranges are ordered). • Bib and Tag Preparation: o Labeling all bib numbers with pertinent information (if not pre-printed) o Attaching all disposable tags to bib numbers • $1 per for requested extra tagged bibs beyond the registered participants that go unassigned to any participants (i.e. Extra bibs tagged with timing chip for race day registration, but go unused). Charge for tags applied to additional requested race bibs but go unassigned to any participant(number of bibs to be tagged to be approved by Event Company). Use of EnMotive's Dynamic Bib Assignment can help ensure this is minimized. o Placing stickers on special groups(Event Company to provide stickers); o Delivering/Shipping bibs to Event Company, where they are under the supervision of the Event Company • Providing participant database information for other sources as requested by Event Company. • Providing event listing on the EnMotive HUB, including link to results site with live searchable race results. • Coordination of advertisement banners on the EnMotive HUB for your individual events, series, or sponsors. • Coordination of default Finisher Certificates through the EnMotive HUB. EnMotive will manage all aspects of event timing services to include: • Supplying Computers, printers, primary electronic timing systems, back-up systems and other hardware as needed to provide accurate and timely results • Disposable RFID tag technology with ChronoTrack timing systems at one (1) Start Line and one (1) Finish Line (included in cost) and all additional agreed upon timing locations, such as but not limited to splits, additional start or finish line(s), expo line(s) (additional costs may apply—see 'Additional Timing Services') • r • • Perform all race-day input of participant data, having EnMotive staff available at Expo/Packet Pickup to assist in problem resolution and make corrections as needed (additional rates and travel costs may apply per'additional timing services'for additional days beyond race day). • (1) Double Sided LED Clock for Finish Line (additional clocks available; covered below) • Data management on and after race day including live results, awards, and scoring including: o Delivery of live, online, searchable results with detailed leaderboard and results views • Online Results example: Results Example o Awards Reports onsite in pre-determined age and gender categories o Direct support for post-race corrections requests and timing inquiries o Complete final results, data, and participant database files post-race, including any reports as requested to Event Company and any media and Internet outlets. Event Company will provide the following event services and materials to include: • If not using EnMotive Registration, a solid database from the online registration provider with all data/all fields that are needed to be manipulated into a timing database • Sourcing of all race participant bibs and delivering in a timely manner for bib/tag pairing. o EnMotive can source bibs if needed at our direct cost; see"Additional Timing Services" • Staffing and coordination of race weekend(s) packet distribution including all registration volunteers • Electricity at all packet pickup and finish line locations; unless arranged by EnMotive to provide for additional fee • Protected, covered location at all finish lines for timing crew and announcer computer(if applicable), two tables, and two chairs- If none provided, EnMotive will charge$125 to provide and set-up. • Credentials for all EnMotive employees and vehicles as needed to provide service fulfillment Photography Services EnMotive will manage all aspects of EnPhoto photography services to include: • Securing, providing, positioning and communicating with photographers—number to be confirmed upon discussion with race director and particular needs. Numbers may vary based on race logistics and size, but generally considered, number of photographers included in photography service fee will be the largest of the 3 numbers in the distance/participants table below: Race Distance-> 5K/10K Half Marathon Full Marathon <500 2 3 4 22 <1000 3 4 5 L c a a < 2000 4 5 5 `° Each 1,000 up to 6,000 1 add'I 1 add'I *1 for each 2,000 o a Each 2,000 >6,000 up to 20,000* 2 add'I 1 for each 2,500 *1 for each 3,000 - o Race may request additional action/festival photographers at$50/hr(action/portrait)or$75/hr(promotional), 4h minimum. o Coverage to be tentatively requested 2 months prior and finalized 2 weeks prior. o Coverage may vary based on longer future race lengths. • Coordination of photo overlays for event branding/sponsorship opportunities • Option to participants for Results Overlays (showing name, finish time, and race distance) • Upload Service of all photos taken • Auto-Matching using patented software to tag participants to photos • Photos delivered directly on the participants' results page (if timed) on The HUB • Automatic notification via email linking race participants to page as they become available and regularly updated • Event Photo Gallery; in addition to integrated with results (if using EnMotive timing solution) • Administrative login for Event Company staff to view and retrieve photos • Analytics Reports post-event of various metrics(i.e. impressions, values, downloads, etc.) • Event Company retains ownership of rights to all photos. • Additional onsite travel supervision as may be coordinated and agreed upon in accordance with travel policies. Photography Sponsorship • Participants' photos are provided to them free of charge. Photos are housed on each participant's race results webpage on EnMotive's HUB website and available on race day. Photos are 100%free to participants to download, email, and/or share to social media. • The Event Company may secure sponsor(s)for the Photography Solution. Sponsor(and/or event branding) may be included on: o The photo overlay of all participants' photos. o The event's HUB results and photos landing webpage where participants visit to see their race results and download and share their free photos. o The emails sent to participants notifying them of their free photos (on average, 2-3 photography emails sent per participant). • Example sponsor overlay on photos: Photo overlay example General Policies Cancellation Policy-Event Company will agree to the following weather/cancellation schedule: • Obligations under this agreement in the event that such failure is caused by or due to cancellation of the event by the event organizers OR the acts or regulations of public authorities, labor difficulties, civil tumult, indement weather, strike, epidemic, interruption or delay of transportation service, or any other legitimate cause beyond the control of the event: o Prior to 7 days before the race start time AND bib preparation, travel or other services or expenses have not been rendered, then only forfeiture of any deposits will occur. o Prior to 7 days before the race start time AND bib preparation AND/OR other services or expenses have been rendered, then Event Company will pay/reimburse for any expenses occurred in preparation of the bibs or services and forfeiture of any deposits will occur. o Prior to 24 hours but less than 7 days before the advertised race start time,then 50% of the full-service invoice(as originally outlined in the service agreement) is due, plus any non-recoverable travel expenses. o Within 24 hours of the advertised race start time, but greater than 2 hours prior to advertised race start time, 75% of the full-service invoice(as originally outlined in the service agreement) is due, plus any non-recoverable travel expenses. o Within 2 hours of, or after the race advertised start time, 100% of the full-service invoice(as originally outlined in the service agreement) is due, plus any non-recoverable travel expenses. Event Company Liability: • Event Company is to list EnMotive under those covered by the Partidpant Release Waiver. • Event Company understands that they are solely responsible for managing the event course on race day which includes but is not limited to: recruiting/placing volunteer course monitors, traffic control and runner safety unless otherwise stated or agreed upon in this contract. Event Company understands EnMotive under no circumstances will be held accountable for these aspects of the event. The signatory below represents that he/she is an authorized representative of Event Company. Rachel Dials, on behalf of The City of Date Josh Oliveri, EnMotive Office Director Date Ashland Oregon /4th of July Run Purchase Order , I10 Fiscal Year 2020 Page: 1 of: 1 B City of Ashland ATTN: Accounts Payable L 20 E. Main Order#Purchase 2020002 / Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable @ashland.or.us • V H C/O Recreation Division (Grove E ENMOTIVE I 1195 East Main Street N 951 CORPORATE GROVE DRIVE p Ashland, OR 97520 D BUFFALO GROVE, IL 60089 Phone: 541/488-5340 O T Fax: 541/488-5314 R Rachel Dials 07/08/2019 4775 FOB ASHLAND OR/NET30 Parks Accounts Pa able July 4th Run 1 Database and chi reparation services for the 2019 4th of July 1 $3,000.0000 $3,000.00 run. Not to exceed $3,1000.00. Up to 850.participants $2,500.00 Per participant in excess of 850 -$3.00 each Services Agreement Completion date: 07/30/2019 Project Account: E-000003-999 GL SUMMARY*************** 125302-610260 $3,000.00 By CaleAGi/)k Date: 181 I Authorized Signature iL _=- 000.00 FORM #3 D 2 -7 CITY OF �. r, , v� ASHLAND REQUISITION Date of request: 07/03/2019 Vendor Name EnMotive Address,City,State,Zip 6800 NE 59th Place Portland OR 97218 Contact Name Josh Oliveri Telephone Number 503-926-2497 Email address joliveritB enmotive.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption:_ ❑ Invitation to Bid (Copies on file) ❑ 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 Cooperative Procurement Less than$5,000 E:1 Request for Proposal (Copies on file) ❑ State of Oregon CI Direct Award Date approved by Council:, Contract#_ 1:1 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 ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposals/written solicitation Date approved by Council: (Date) ❑ Form#4, Personal Services$5K to$75K Valid until:_ (Date) —(Attach copy of council communication) Description of SERVICES Total Cost database and chi preparation services for the 2019 4th of July Run.Not to exceed$3000 $ 3,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost up to 850 participants © $2500- per participant in excess of 850 $3.00 per TOTAL LC�COST ❑ Per attached quote/proposal 9'" $ 2∎ila✓ Project Number Ql�QDO 5-1q.f Account Number LZ�3 QZ-L0!o1uyI) $_,_ _ _,_ _ _-_ _ ot1-0 bail;at Project Number -_ _ _ Account Number - $_,_ _ _,_ _ _• Project 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 th/s-req 'sition fo , cerJOY if tat the City's public contracting requirements have been satisfied. Employee: c Department Head: (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year.: 0 / NO Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form/13-Requisition