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HomeMy WebLinkAbout2019-235 20200140 Altec Industries GOODS & SERVICES AGREEMENT PROVIDER: Altec Service Group CITY OF PROVIDER'S Pat Madden -4S H LAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: 13817 NE Sandy Boulevard Telephone: 541/488-5587 Portland, OR 97230 -Fax: 541/488-6006 PHONE: 360-606-0616 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Altec Mobile Service, a domestic business corporation ("hereinafter "Provider"), for mobile fleet services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide mobile fleet services for FY20 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 maybe 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 additi onal 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 Altec Service Group l 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 $30,000 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 $30,000 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 foffialities 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 Altec Service Group 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 Courtof the State of Oregon for Jackson Countyunless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each parry 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 shallnot 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 1, 2019. 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, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Alice Service Group 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 noti cc, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Public Works Attn: Wes Hoadley 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2355 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Altec Service Group Attn: Pat Madden 13817 NE Sandy Boulevard Portland, OR 97230 360-606-0616 8. WAIVER OF BREACH One ormore waivers or failures to objectby either party to the other's breach of anyprovision, 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. Page 4 of 5: Agreement between the City of Ashland and Altec Service Group 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 underthis Agreement, at law, or in equity. i IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Altec Service Group (PROVIDER): By: 4f By: Signatur Si re 44 kajjd~~:C, 'Td 44 e P),, Printed Name Printed Nam Title Title ~S Date Date ()L9 is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Agreement between the City of Ashland and Altec Service Group w Alec. Service Group To: Whom it May Concern From: John Denny Date: August 1, 2019 Subject: Current Rate Sheet (Oregon) Shop Hourly Rate: S120 - Shop Location(s): Portland, OR. Mobile (MST) Hourly Rate: $143 Preventative Maintenance Inspections are flat rated per unit and are available upon request. ~ Thank you, John Denny Area Service Manager 707-693-2525 Office 530-304-9666 Cell johnAcnny@altec.conz Atec SService Altec Service Scheduled Maintenance Prices Group Pricing is for labor only. Material (Filter, Lube, etc) costs are additional. Pricing As of 01-Feb-2019 (Subject To Change Without Notice) Service Unit Description Interval Price* PM Inspection SMALL AERIAL UNITS 40' AND UNDER WITHOUT MATERIAL 6 Month $ 254 HANDLING (AT, AO) 1 Year $ 362 PM Inspection LARGE AERIAL UNITS UNDER 65' (AM, AA, AN,LRV) 6 Month $ 388 1 Year $ 559 PM Inspection LARGE DERRICKS AND PRESSURE DIGGERS (D2000-D4000, 6 Month $ 627 DT80, HD) 1 Year $ 803 PM Inspection CHIPPER 1 Year $ 402 DOT Inspection 2 AXLE 1 Year $ 105 '3-4 AXLE 1 Year $ 155 Dielectric Test CAT B/C; BOOM & LINER & ISO GRIP (WHEN APPLICABLE) 1 Year $ 305 Dielectric Test CAT B/C; BOOM & ISO GRIP (WHEN APPLICABLE) 1 Year $ 190 Dielectric Test CAT B/C; BOOM & LINER & ISO GRIP (WHEN APPLICABLE) (PRICE $ 175 DISCOUNTED, DONE W/PM) 1 Year Dielectric Test PLATFORM LINER 1 Year $ 115 Dielectric Test HOTSTICK 1 Year $ 55 Dielectric Test INSULATED LINK $ 155 Rev: 02-Feb-2019 A`~ o® CERTIFICATE OF LIABILITY INSURANCE ~oarosnols 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(les) 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 certficate does not confer rights to the certficate holder in lieu of such endorsements). PRODUCER CONWT Bridgette Taul MCGRIFF, SEABEES8WILLIAMS,INC. PHONE .800-476-2211 FNAwC. N P.O. Sol 10265 E-MAIL Birmingham, AL 35202 ADDRESR btaul@mcgdff.oan WSURER(S) AFFORDING COVERAGE NAICa INMRER A:Lein ton Insurance Company. 19437 INSURED WsINEN B:Hartford Fire Insurance Can an 19682 Altec Industries, Inc 13817 NE Sandy Boulevard WsuRER cedal Insurance Coma 26883 Portland, OR 97230 WMM7R uli Insurance ConParry 27120 M SURER Casual Insurance Company 29424 W SURER F : COVERAGES CERTIFICATE NUMBER:KY064SSE REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR TIDE OFINSURANCE ADDL R POLICY EFF POLICY EXP LIMITS LTR INSD W POLICY NUMBER MM I) MMIDD X COMMERCIAL GENERAL LWBILRY D13135094 0010112019 06101/2020 EACH OCCURRENCE $ 5,000.000 REWED 3.000.000 CLAIMS4MADE Fx_1 OCCUR PREM SESOE.aaaw nce11 MED EXP (Arty me person) 3 NIA X PERSONAL &AOJ IN.AIRY $ 5.000.000 GENL AGGREGATE LIMITAPPUES PER GENERALAGGREGArE $ 10.000.000 X POLICY [:].IECT FILOC PRODUCTS.COMP/OPAGG $ 10,000,000 OTHER: $ B AUTOMOBILEUMBILIIY 0610112019 1 EeMaBINED SINGLE LIMB $ 3,000,000 X ANY AUTO BODILY INJURY (Par parson) $ OWNED SCHEDULED X BODILY IN.lRY(Par azdd.0 5 AUTOS ONLY AUros HIRED NON-0 ED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Par ancWant) X UMBRELLA LAB X OCCUR 28296164 06(01/2019 06/01/2020 EACH OCCURRENCE $ 10.000.000 EXCESS UAB CLAIMS-MADE AGGREGATE 5 10,000,000 DED RETEN ION$ 5 D WORNERSCOMTENSATIoN 1 90 OS 06/0112019 06/0112020 X PER orH- E AND EMPLOYERS UA8BITY ANY PROPRIEr0RR%RTNEWFXECUTWE Y NIA 21XWES27902 (AL,MO,NC) E.LEACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mmdatoryin NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ifyea, deacrSe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY UMR $ $ 8 $ $ DESCRWTIONOFOPERARONSILOCATIONSfVENICLES (ACORDIUI,M iemal Rermraa Stleduigma)/b a%ffi edilmareapamlarMuW ) City of Ashland, Oregon, its officers, agents and employees are Additional Insured under General Liability and Automobile Liability on a primary and non-contributory basis as required by written contract See cancellation endorsement form attached CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE-THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland RUMOR= REPRESENTATIVE 20 East Main Street Ashland OR 97520 Ng Page 1 of4 m 1988-2016ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks ofACORD Altec, Inc. Policy No. 21 CSES27903 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional on file with the agent of record will be sufficient Conditions: proof of notice. If this policy is cancelled by the Company, other Any notification rights provided by this than for nonpayment of premium, notice of such endorsement apply only to active certificate cancellation will be provided to the certificate holder(s) who were issued a certificate of holder(s) with mailing addresses on file with the insurance applicable to this policy's term. agent of record. Such notice will be provided Failure to provide such notice to the certificate within 30 days of the Company's receipt of holder(s) will 'not amend or extend the date the certificate holder(s) information from the agent of cancellation becomes effective, nor will it negate record. cancellation of the policy. Failure to send notice If notice is mailed, proof of mailing to the last shall impose no liability of any kind upon the known mailing address of the certificate holder(s) Company or its agents or representatives. Form IH 03 10 06 11 Page 1 of 1 © 2011, The Hartford Page 2 of4 KYQ64SSE f ENDORSEMENT # 038 Forms a part of policy no.: 013130094 Issued to: ALTEC, INC. ATTN: MARK BERTOVIC By: LEXINGTON INSURANCE COMPANY ADVICE OF CANCELLATION TO ENTITIES OYHERTHAN THE NAMED INSURED LIMITEO TO E-MAIL NOTIFICATION This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other then non payment of premium, and 1. The cancellation effective date is prior to this policy's expiration data; 2, The First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the `Certificate Holder(s)"); and'has provided to the Insurer, either directly of through its broker of record, the email address of the contact at such entity, and the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an alectronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation Ithe 'Advice'1 via e-mail to such Certificate Holders. Proof of the Insurer entailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement Invest any rights in any entity not Insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms and conditions remain unchanged. D,rr W. &4*104- Authorized Representative OR Countersignature (in states where applicable) LEXD00021 LX0404 Page 3 of 4 KYQ64SSE Altec, Inc. tuy Policy No. 21 WNS27900 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional on file with the agent of record will be sufficient Conditions: proof of notice. If this policy is cancelled by the Company, other Any notification rights provided by this than for nonpayment of premium, notice of such endorsement apply only to active certficate cancellation will be provided to the certificate holder(s) who were issued a certificate of holder(s) with mailing addresses on file with the insurance applicable to this policy's term. agent of record. Such notice will be provided Failure to provide such notice to the certificate within 30 days of the Company's receipt of holder(s) will not amend or extend the date the certificate holder(s) information from the agent of cancellation becomes effective, nor will it negate record. cancellation of the policy. Failure to send notice If notice is mailed, proof of mailing to the last shall impose no liability of any kind upon the known mailing address of the certificate holder(s) Company or its agents or representatives. i i f, i Form IH 0310 06111 Page 1 of 1 © 2011, The Hartford Page 4 of 4 KYQ64SSE Y CITY. OF FORM #9 ASHLAND. SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Public Works Superintendent Date: June 7, 2016 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works/Fleet Maintenance 2. Department Contact Name: Mike Morison 3. Type of Request: X -Class Special Procurement Contract-specifid Special Procurement 4. Time Period Requested: From July 1, 2016 To: June 30, 2023 5. Totat Estimated Cost: Cost will be determined by the actual repairs, maintenance and service that are required to be outsour&d. to maintain City vehicles and equipment. 6. Short title.of the Procurement: Repairs, maintenance and service that are requited to be outsourced to maintain City owned vehicles and equipment. Supplies and/or Services or class of Supplies and/or Services to be acquired: The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly_proprietaM and require costly annual upgrades, The cost to maintain these specialized tools and diagnostic equipment in the City shop would be more costly to the City then outsourcing the needed repairs, maintenance and service. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9- Special Proburement- Request for Approval, Page 1 of 3,513112016 V Background: Contracts are awarded to contractors based on competency, qualifications, certifications workmanship expediency, availability and competitive pricing Proposed procedure: Fleet Maintenance is seeking an exemption from the competitive bid process to DIRECTLY AWARD public contracts on an as needed basis to highly skilled and reliable contractors to perform repairs maintenance and service on City owned vehicles and equipment. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. On occasion work to repair City owned vehicles and/or equipment must be outsourced. If so, trouble shooting may be required to determine what repairs and maintenance are required to repair a specific vehicle or piece of equipment There are also critical pieces of equipment that require immediate attention if a problem develops and the work must also be completed immediately. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_ (a) will be unlilcely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City currently contracts with various qualified highly skilled and competent contractors to perform these services There are also specific mechanics service facilities dealerships and/or manufacturers that are competent and certified to do specific work on specific vehicles and/or equipment. The Cil considers competency qualifications certifications reliability expedrencv. availability and competitive pricing when malting the decision as to who will perform the required services on City owned vehicles and equipment. If the City is contacted by additional competent _ contractors they too will be considered to perform these services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: It is mandatoU that repairs and maintenance be performed on City owned vehicles and equipment by highly skilled qualified and competent contractors for their continued use and safe operation. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: It is in the City's best interest to contract with competent and reliable contractors that are reliable, do endable and qualified to provide these services It is imperative that the Crty maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 613112016 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-041-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through th6 Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.orms- lirapproved, .tune S. 2016] PUBLIC PIOTICI'; Approval of a Special Procurement First date of publication: [if approved, June 8, 20161 A request for approval of a Special Procurement was presented to and approved by the. City Council, acting as the Local Contract Review Board, on [if approved, June 7, 2016] This "Class Special Procurement! '(sourcing method) was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written findings that the Special procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in. a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance . with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland; Purchasing Representative, Karl Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [if posted; June 15, 2016]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from tlus request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,513112016 ' CC➢'➢'Sf CIF ASHLAND cound communicadon guns 7, 2016, M&GS6 Meeting Approval of a class-special procurement for vehicle and equipment repairs and maintenance FROM Mike Morrison, Public Works Superintendent, mike.morrison@.ashland.or.us SUMMARY This "Class Special Procurement"(sourcing method) is being processed to seek an exemption from the competitive bid process and directly award public contracts to vendors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsoucced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workmanship, availability and competitive pricing. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, ApprovalRequest Form (written findings), is attached for your consideration and review. The Class Special'Procutement previously approved by Council on March 20, 2012 is due to expire June 30, 2016. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A- 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting -approach .may be custom designed to meet the procurement needs. COUNCIL GOALS SUPPORTED: None Page Iof2 Lyll~® cony ®jF -,&-,,SHLAND FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for vehicle and equipment repairs and maintenance. STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for vehicle and equipment repairs and maintenance. ATTACHMENTS: Form #9, Special Procurement, Request for Approval Form Page 2 of 2 ~r, Purchase Order Fiscal Year 2020 Page: 1 of: 1 HIS PO NUMBER IMUST APPEAR-ON ALL MOICPS AND SHIPPING DOCUMENTS B City of Ashland ATTN: Accounts Payable Purchase ~i L 20 E. Main 20200140 Ashland, OR 97520 Order # T Phone: 5411552-2010 O Email: payable@ashland.or.us V H C/O Fleet/Shop Division E ALTEC INDUSTRIES, INC 1 90 North Mountain Ave N PO BOX 11407 P Ashland, OR 97520 D BIRMINGHAM, AL 35246-0414 Phone: 541/488-5358 O T Fax: 541/552-2304 R O Wes Hoadle 09/06/2019 6 FOB ASHLAND OR/NET30 Cit Accounts Pa able Fleet Services 1 Fleet Services for FY 2020 1 $30,000.0000 $30,000.00 7 Project Account: GL SUMMARY 086500 - 602223 $30,000.00 BY: bk Date: 4 1' t Authorized Signature $30,000.00 ~Q~$3 CITY OF ASHLAND ;r3 il~~~'st'~'~? I~~I ~ ~Ut•'~~~C~.>~ ~'.'1~1' REQUISITIONv ° 691 ~Deteofrequest: 8/22/2019 rr Required date for delivery: Vendor Name Altec Mobile Service Address, City, State, Zip 13817 NE Sandy Boulevard Portland OR 97230 Contact Name & Telephone Number Pat Madden 360-606-0616 Email address SOURCING METHOD ❑ Exemptfrom Competitive Bidding El Emergency F] 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 ro osal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5.000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract # ❑ VerbalNVritten quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # _ Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100 0,000 ❑ 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. Greaterthan $5.000 and less than $75,000 ® Form #9, Request for Approval Agreement approved by Legal and approved/signed by El Direct appointment not to exceed $35,000 El Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: 61112016 ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: Jul 30 2023 Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost FY20 Services as needed $ 30,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Project Number _ _ _ _ _ _ _ Account Number 086500-602223 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-Yes7No By signing this re uisf'on form, l c e1hat1h fly's public contracting requirements have been satisfied. Employee: es Department Head: A*~4 zo (qualt or greaterthan$5,000) Department Manager/Supervisor: City Administrator. n y~ Iry- n/, (Equal to or ater than $25,000) Funds appropriated for current fiscal year: ES NO ~A~trn' a` i✓I!Ib s lli~ Deputy finance Director-(Equal to or greater than $5,000) Date Comments: