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2019-265 20200190 Acme Computer
i SERVICES AGREEMENT less than $25,000 PROVIDER: Acme Computer CITY Of PROVIDER'S CONTACT: Cael Weston -ASHLAND 20 East Main Street ADDRESS: Ashland, Oregon 97520 1512 S Oregon Street Telephone: 541/488-5587 Yreka, CA 96097 Fax: 541/488-6006 PHONE: (877) 630-2263 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Acme Computer. a domestic business corporation ("hereinafter "Provider"), for identification and installation of analog telephone cabling). L PROVIDER'S OBLIGATIONS 1.1 Provide detailed description of services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form and shall: • Name as additional insured "tile 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 I of 5: Agreement between the City of Ashland and Acme Computer 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject employees. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. 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 tinder this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirement: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to alI employees performing Work under this Agreement and to any subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $95-$125lhour (hourly rate is based on the expertise of the specific employee ;performing each individual task-hour) 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 sun of $10,000 (this is maximum, not to exceed amount of 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 ftulher 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. 32 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. Page 2 of5: Agreement between the City of Ashland and Acme Computer 3.4 All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. i 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written "Analog Phone Wiring Scope of Work.pdf' dated 08/02/2019. • The Provider's complete written "Standard Engagement Letter" dated 08/02/2019. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Subsection 4.1. Page 3 of 5: Agreement between the City of Ashland and Acme Computer 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. L2 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 September 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 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 - IT Department Attn: Adam Hanks 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-2046 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: I'a r I of Agreement between the City of Ashland and Acme Computer Acme Computer Attn: Cael Weston 1512 5 Oregon Street Yreka, CA 96097 PHONE: (877) 630-2263 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 3 17, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. Page 5 of 5: Agreement between the City of Ashland and Acme Computer CITY OF ASHLAND: Acme Computer (PR ER): KA BY: By: ~F S' nat Signa re Printed Name Printed Name I i K~ h t ~ ?rQ S r Title Title `T~► , X19 Date Date y Purchase Order No. (W-9 is to be submitted with this signed Agreement) I' Pagc 6 ol'i: Agreement between the City of Ashland and Acme Computer ACMECOM-CL KGOOCH ATE(MM/DD/YYYY) F ACORO CERTIFICATE OF LIABILITY INSURANCE D 8/8/2019 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 CONAMENTACT : George Petersen Insurance Agency - Redding PHONE FAX 2920 Bechelli Lane AIC, No, E:t): (530) 244-9400 (A/C, No):(530) 244-9444 Redding, CA 96002 ADDAREss: info@gpins.com INSURERS AFFORDING COVERAGE NAIC # _ INSURER A: Hanover American Insurance Company 36064 INSURED INSURERB:Allmerica Financial Benefit 41840 Siskiyou Technology Consultants dba: Acme Computer INSURER C : 110 Gateway Dr Suite 240 INSURER D : Lincoln, CA 95648 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. IN LTR SR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS IN SD V MIDD.YY M/ DIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2'000'000 CLAIMS-MADE X I OCCUR OZFA57151204 3/15/2019 3115/2020 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ 5'000 MED EXP An one person) $ PERSONAL & ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000'000 X POLICY [7 JPRO- F7LOC PRODUCTS -COMP/OP AGG $ Included OTHER $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO AWFD76665600 11/3012018 11/30/2019 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION X STATUTE PER OTH- AND EMPLOYERS' LIABILITY YIN WZFA66579204 7/1/2019 7/1/2020 ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (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 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional certificate holders: City of Ashland Fire Station 1455 Siskiyou Blvd Ashland, OR, 97520 and City of Ashland Station 2 1860 Ashland Street Ashland, OR 97520 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 ACCORDANCE WITH THE POLICY PROVISIONS. 51 Winburn Way Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C I T Y O F ~S H LA N D m4all Request for Quote Statement of Work The City of Ashland IT Department is requesting quotes for professional services: specifically, telephony work to identify and document existing telephone phone lines that traverse the existing phone system. This work is preparation for a new VoIP telephone system deployment, at which point those lines identified in this project will be transferred over to the new system (just prior to go-live). This project includes visiting multiple sites of different sizes, construction styles, and age, but which all participate in the existing City telephone system by having a Tadiran Coral "remote shelf" that is fiber- connected back to the central PBX. Contractor Requirements: • Familiarity with POTS telephony and station cabling, including the use of 66-block cross-connect panels, and an understanding of punch-down phone connections is required. • Contractor availability and ability to deliver rapidly will be key selection criteria, as the target for completion of this contract work is August 16th, since the new telephone system project is currently targeted for go-live on August 21St • Ability to tone, identify and document the physical telephone connections associated with ports in a Tadiran Coral remote phone shelf. • Workers must have valid low-voltage wiring certification Scope of Work Sites • Police Department (7 lines) • Lithia Park Office (3 lines) • Utility Service Center (4 lines) • Streets/Fleet (1 line) • WWTP (4 lines) • North Mountain Park (1 line) • Oak Knoll Maintenance Shop (2 lines) • Court (2 lines) • WTP (2 lines) • Contact Station (1 line) • Senior Center (2 lines) Sites Already Partially Completed • Fire Station #1 • City Hall • Community Development Page 1 of 2 !L11 • Golf Pro Shop • G rove Deliverables: • Documentation correlating ports-to-connections for the remote shelf at each site. • Identify and label requested analog and digital to analog lines coming from or to the onsite voice cabinet, DMARK, and/or 66-block and building wiring. • Wire each analog connection to the Shortel ATA. RFQ Response Requirements: • Hourly rate should show cumulative total for all workers, if intending to use more than one person for the type of work described above. • Please respond as soon as possible upon receipt of this Request for Quotes. We will be making a selection and moving forward at the earliest possible opportunity. • Contract will have a "not to exceed $10,000" clause. • The selected contractor will be required to sign a standard City personal services contract prior to commencement of work. • Responses should be sent via email to: dan.hendrix@ashland.or.us Response Format: Responses do not need to be formal, they just need to include the following basic information: Earliest Availability (Start-Work Date) Hourly Billing Rate Contact Information (Name, Phone, Email) Technology tner ANCE - :r Standard Engagement Letter Siskiyou Technology Consultants dba Acme Computer is a technology services provider with offices in California and Oregon. Acme specializes in system design, installation, and support of primary business networks, video surveillance networks, wireless networks, VoIP networks, and structured cabling in fiber and copper (CA LIC #837371, OR CCB #194982). We are pleased to have the opportunity to provide technology consulting services to your company. This letter is intended to confirm the terms of our representation of services to you. This document covers matters that establish our working relationship, so please read it carefully. Specifically, this Standard Engagement Letter describes the terms upon which Acme will provide professional services to your organization. At your direction, we will undertake to provide appropriate consulting services in order to advance your interests with respect to such matters as you may assign to us and we may accept on a periodic and/or per- incident basis. 1. Professional Undertaking: Our goal is to provide you with quality technology consulting services, on schedule, and at a reasonable cost. Using our professional judgment, we will endeavor to assign work on your behalf to those consultants, technicians, engineers, and developers that we deem appropriate under the circumstances. Although we will do our best to serve you effectively, we cannot guarantee success on any given project or endeavor. Nor do we guarantee that any particular result will be attained by us. 2. Hourly Fees: Generally, our fees for services are calculated based upon the applicable hourly rates for those professionals who perform the work-at-hand. Our schedule of hourly rates for such personnel is based on experience, education, training and level of professional attainment. Currently, our hourly rates range from $95 to $275. For a limited time, August 2"d, 2019 to August 16n, 2019, we agree to bill the City of Ashland a discounted rate of $95-$125 per hour for all work performed. Total billables not to exceed $10,000. 3. Emergency Support: Emergency, after-hours, and weekend support will be billed at one and a half times standard rates. Normal business hours are defined as 8 a.m. to 6 p.m. Monday through Friday, not including holidays. Holiday support will be billed at twice Acme's standard rates. Holidays include New Year's Day, Memorial Day, July 4', Labor Day, Thanksgiving, the Friday following Thanksgiving, and Christmas Day. 4. Onsite Support: Acme charges a one-hour minimum for all onsite support. All onsite visits will be billed "portal-to-portal", that is from the time the technician leaves the nearest Acme office until the time he returns to the office. There may be additional travel charges for customers whose offices are more than an hour's drive from the nearest Acme offices. 5. Other Fee Arrangements: On occasion, and by specific separate agreement, a fee schedule other than an hourly fee, such as a fixed fee for a specifically defined project may be utilized. In such a case, the fee and payment schedule will be set forth in a separate agreement or addendum, but all other terms of this Standard Engagement Letter will apply. 6. Costs: In the course of rendering services to your organization, it may be necessary for us to incur expenses for items such as hardware, special delivery services, travel, lodging and meals. The actual expenses may vary depending on the type of services that we provide to your company. Certain expenses may include an adjustment, above cost, to cover our expenses in providing the billed service or product. 7. Invoices: Generally, our invoices are prepared and mailed as services or expenses are incurred. Our invoices are payable upon presentation, and are overdue if not paid by the Due Date set forth on the invoices. 8. Late Payments: If you fail to pay our invoices in full on or before the Due Date set forth on the invoices, we reserve the right to assess a monthly service charge equal to 1.5% of all fees and expenses which are past due. This monthly service charge will be billed to you at the end of each month in which a late payment occurs. In no event will the service charge be greater than permitted by any applicable law. We also reserve the right to apply funds held as retainer against any past due amounts. 9. Retainer: Typically, we require an advance payment before commencing work on your behalf. Our proposal or estimation documents will specify the amount of any such advance required by our firm. In most cases, the retainer amount is calculated to cover initial consultation fees and expenses for a 30-day period. Fees and expenses are invoiced as incurred, and unless they are deemed to be the last such fees and expenses associated with the project, in accordance with the policy the retainer will not be used to pay these invoices. In this way, adequate funds exist on deposit to allow planning and scheduling of subsequent work and associated fees and expenses. If retainer balances are deemed insufficient to cover subsequent fees and expenses, additional retainer may be required. Any remaining retainer balance at the conclusion of the engagement will be refunded. 10. Warranties: During the course of the engagement, we may recommend the purchase and installation of computer or technological hardware, software, communication devices and/or services. Warranties, to the extent they exist, are provided solely by the manufacturer/vendor of those products, and we specifically disclaim all warranties, expressed or implied, including the implied warranty of merchantability and fitness for a particular purpose associated with these products or services. 11. Termination: You have the right to terminate our services at any time for any reason. We have the same right, subject to a professional and ethical obligation, to give you reasonable notice to arrange for alternative support. 12. Special Arrangements: Special arrangements, if any, governing the basis on which we will provide and bill professional services to you and varying from or expanding upon the general arrangements set forth in this Standard Engagement Letter would be described in a cover letter to you or in a separate agreement or addendum. 13. Confidentiality: We treat all aspects of our client relationships as confidential, and will gladly provide or sign appropriate non-disclosure agreements if desired. 14. Other Matters: Unless we otherwise agree, the terms and conditions of this letter will apply to all matters for which you engage us. If you have any questions or concerns about the terms of this Standard Engagement Letter, please contact us immediately. Company Name: City of Ashland Oregon Billing Address: 90 N Mountain Ave, Ashland, Oregon 97520 By (Printed Name) : Don Hendrix Signature: Title: Information Systems Manager Dated: www.AcmeComputer.com Sourcing Method Small Procurement November 15, 2010 Small Procurement for goods and services not exceeding $5,000 may be awarded in any manner deemed practical or convenient by the contracting agency, including by direct selection or award. Follow rules of Small No procedure for Procurement applicable sourcing method Yes Petty Cash Less If less than $50.00, buyer than Yes > can pay cash and submit $50.00 receipt and account number for reimbursement. No Follow rules of Confirm the procedure for a total amount of the r m n r it MALL procurement will 1. Multiple deliverables PROCUREMENT or payments NOT exceed $f tim Yes 2) Contracted services Yes 1. Goods & Materials for the period of time 2. Uniforms the goods and 3) Uniforms I 3. Trade Services services 4) Written documentation to 4. Personal Services are required be archived w/PO Requiring the use of a PURCHASE ORDER No No Follow rules of Follow rules of Procurement procedure procedure for resulting in single SMALL Yes 111. PROCUREMENT INTERMEDIATE (one-time) PROCUREMENT transaction allowing the use L LIMITED PURCHASE ORDER No Pagel Sourcing Method Intermediate Procurement November 15, 2010 Intermediate Procurement requires a written solicitation and a minimum of three (3) written quotes or proposals. If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility. I Follow rules of procedure Intermediate Goods and Materials INTERMEDIATE Procurement Yes $5,000 to $100,000 Yes PROCUREMENT Goods and Materials No No Follow rules of Trade Services procedure $5,000 to $100,000 Yes 10 INTERMEDIATE (Services other than PROCUREMENT Follow rules of Personal Services) Trade Services procedure for applicable sourcing method No Personal Services Follow rules of procedure $5,000 to $75,000 INTERMEDIATE No (Refer to Yeses PROCUREMENT AMC 2.50.040 Personal Services for definition) Pagel ASHLAND MUNICIPAL CODE Public Contracting Code. A copy of the Oregon Public Contracting Code and Model Rules shall be maintained in the City Recorders Office. Words and phrases used in these rules that are defined in Oregon Revised Statutes (ORS) Chapters 279A, 279B, 279C, and in the Model Rules shall have the same meaning as in those statutes and rules, except as may be provided for herein. In the event that the rules adopted by the local contract review board do not address a particular situation, the Model Rules apply. (Ord 3013, added, 05/18/2010) Section 2.50.040 Definitions. Words and phrases that are used and defined in the Model Rules and the Oregon Public Contracting Code shall have the same meaning as in those statutes and rules, except for the following: A. "City Attorney" shall mean the Ashland City Attorney or his/her designee as specified by written order. B. "Department" shall mean City of Ashland instead of Oregon Department of Administrative Services. C. "Director" shall mean Public Contracting Officer as defined in this section instead of the Director of Administrative Services. D. "Findings" are the statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations; value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability; performance and funding sources. E. "Finance Director" shall mean the Ashland Finance Director or his/her designee as specified by written order. F. "Local Contract Review Board" shall mean the Ashland City Council. G. "Public Contracting Officer" means the City Administrator or his/her designee as specified by written order. H. "Model Rules" means the public contracting rules adopted by the Attorney General under ORS 279A.065 and adopted by AMC 2.50.030. 1. "Oregon Public Contracting Code" means ORS Chapters 279A, 279B and 279C. J. "Personal services contract" means a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The Public Contracting Officer shall have discretion to determine whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services. (Ord 3013, added, 05/18/2010) Section 2.50.050 Applicability. The Ashland Public Contracting Code shall apply to procurements by all City departments and divisions, including Ashland Parks and Recreation. (Ord 3013, added, 05/18/2010) Section 2.50.060 Local Contract Review Board Authority. The Local Contract Review Board shall have all the duties and authority of a contracting agency that are Page 2 of 7 C 1 T Y O F ASHLAND IT Department - Information Systems Division - Solicitation for Contractor Wiring Work August 2, 2019 • There were four contractors that the Information Systems Division could identify as qualified to perform the work. At least three of these have previously done piece work for the City. • 1 called each of the offices listed below on 8/2/19, and spoke with their representatives to let them know we were looking for analog telephone cabling work, and asked whether they would be interested in having me send them a scope of work outlining the project in more detail. • All four of the companies contacted by phone said that they would like me to send over the scope of work document. • The attached written solicitation was therefore emailed simultaneously to all four contractors. • Only one contractor returned a rate-quote (and called to verify that it had been received). None of the other contractors responded at all. • Based on the lack of other respondents, Acme Computer was selected to perform the required work. Revision Date: 8/8/2019 4:32 PM Page 1 of 2 https://cityofashland-my.sharepoint.com/personal/dan_hendrix_ashland_or_us/Documents/PhoneRFP/Cabling Contract/2019.08.07 Agreement/2019.08.02 Solicitation for Telephone Wiring Work.docx pFx C I T Y C 3F a "It -iNS H LA N ID IT Department - Information Systems Division - Solicitation for Contractor Wiring Work August 2, 2019 Record of Vendor Contact / Response Form Contractor: Email Address: Phone: Expressed Submitted Quote: Response Date: Interest on Phone: Cascade GPOFFICE(a.CASCADECOM.COM 541-474-4696 Y No quote submitted Non Responsive Communication Services Acme Computer helpdesk(a)acmecomputer.com (541) 200-1550 Y 8/2/19 8/2/19 Pacific Electrical joe@pacificelectdcal.com 541-773-7751 Y No quote submitted Non Responsive TouchPoint support(a)asktouchpoint.com (541) 842-1000 Y No quote submitted Non Responsive Networks Revision Date: 8/8/2019 4:32 PM Page 2 of 2 https://cityofashland-my.sharepoint.com/personal/dan_hendrix_ashland_or_us/Documents/PhoneRFP/Cabling Contract/2019.08.07 Agreement/2019.08.02 Solicitation for Telephone Wiring Work.docx Dan Hendrix From: Dan Hendrix Sent: Friday, August 2, 2019 12:06 PM To: Dan Hendrix Subject: Ashland IT Department is looking for some phone cabling assistance Attachments: Analog Phone Wiring Scope of Work.pdf The City of Ashland is ready to convert over to a new VoIP telephone system, but could use assistance in identifying and migrating some of the old analog lines that still go through the old phone switch. I've attached a scope of work, to give you some idea of our requirements and timeline. While this isn't a formal solicitation process, I'm sending this same material out to several potential contractors, to fulfill the municipal requirement of demonstrating due diligence in the expenditure of public funds. The selection process will not be based solely on cost, it will reflect our attempt to identify the best overall solution for the city. Responses or questions should come to my email address [ dan.hendrix@ashland.or.us ] but you can call to notify me of your intent to respond - or not - at the phone number below. Thanks, --Dan Dan Hendrix Information Systems Manager City of Ashland Information Technology Department go N. Mountain Avenue, Ashland, Oregon 97520 Phone: 541-552-2441 TTY: 800-735-2900 This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2441 1 C I T Y O F -ASHLAND Request for Quote Statement of Work The City of Ashland IT Department is requesting quotes for professional services: specifically, telephony work to identify and document existing telephone phone lines that traverse the existing phone system. This work is preparation for a new VoIP telephone system deployment, at which point those lines identified in this project will be transferred over to the new system (just prior to go-live). This project includes visiting multiple sites of different sizes, construction styles, and age, but which all participate in the existing City telephone system by having a Tadiran Coral "remote shelf' that is fiber- connected back to the central PBX. Contractor Requirements: • Familiarity with POTS telephony and station cabling, including the use of 66-block cross-connect panels, and an understanding of punch-down phone connections is required. • Contractor availability and ability to deliver rapidly will be key selection criteria, as the target for completion of this contract work is August 16th, since the new telephone system project is currently targeted for go-live on August 21St • Ability to tone, identify and document the physical telephone connections associated with ports in a Tadiran Coral remote phone shelf. • Workers must have valid low-voltage wiring certification Scope of Work Sites • Police Department (7 lines) • Lithia Park Office (3 lines) • Utility Service Center (4 lines) • Streets/Fleet (1 line) • WWTP (4 lines) • North Mountain Park (1 line) • Oak Knoll Maintenance Shop (2 lines) • Court (2 lines) • WTP (2 lines) • Contact Station (1 line) • Senior Center (2 lines) Sites Already Partially Completed • Fire Station #1 • City Hall • Community Development Page 1 of 2 • Golf Pro Shop • Grove Deliverables: • Documentation correlating ports-to-connections for the remote shelf at each site. • Identify and label requested analog and digital to analog lines coming from or to the onsite voice cabinet, DMARK, and/or 66-block and building wiring. • Wire each analog connection to the Shortel ATA. RFQ Response Requirements: • Hourly rate should show cumulative total for all workers, if intending to use more than one person for the type of work described above. • Please respond as soon as possible upon receipt of this Request for Quotes. We will be making a selection and moving forward at the earliest possible opportunity. • Contract will have a "not to exceed $10,000" clause. • The selected contractor will be required to sign a standard City personal services contract prior to commencement of work. • Responses should be sent via email to: dan.hendrix@ashiand.or.us Response Format: Responses do not need to be formal, they just need to include the following basic information: Earliest Availability (Start-Work Date) Hourly Billing Rate Contact Information (Name, Phone, Email) Dan Hendrix From: Jesse Austin <jesse@acmecomputer.com> Sent: Friday, August 2, 2019 1:46 PM To: Dan Hendrix Cc: Cael Weston Subject: RFQ Response - Analog Cabling Attachments: City of Ashland - RFQ Analog Phone Wiring - 08022019.pdf Dan, Attached is the limited engagement letter in response to the Analog Cabling RFQ. This letter includes the following: Project dates: 8/2-8/16 Hourly rate limits: $95-$125/hr Contract billable max: $10,000 Primary contacts: Cael Weston cael@acmecomputer.com 877-630-2263 Jesse Austin jesse@ acmecomputer.com 877-630-2263 If there are any additional changes or questions please let either contact know. Thank you, i Jesse Austin Business Development Manager Acme Computer 1512 S Oregon St Yreka, CA 96097 w: 877-630-2263 iesse@acmecomputer.com helpdesk@acmecomputer.com 1 Technology iPy,~Ml l ANCE , At' !40 Ito iC Standard Engagement Letter Siskiyou Technology Consultants dba Acme Computer is a technology services provider with offices in California and Oregon. Acme specializes in system design, installation, and support of primary business networks, video surveillance networks, wireless networks, VoIP networks, and structured cabling in fiber and copper (CA LIC #837371, OR CCB #194982). We are pleased to have the opportunity to provide technology consulting services to your company. This letter is intended to confirm the terms of our representation of services to you. This document covers matters that establish our working relationship, so please read it carefully. Specifically, this Standard Engagement Letter describes the terms upon which Acme will provide professional services to your organization. At your direction, we will undertake to provide appropriate consulting services in order to advance your interests with respect to such matters as you may assign to us and we may accept on a periodic and/or per- incident basis. 1. Professional Undertaking: Our goal is to provide you with quality technology consulting services, on schedule, and at a reasonable cost. Using our professional judgment, we will endeavor to assign work on your behalf to those consultants, technicians, engineers, and developers that we deem appropriate under the circumstances. Although we will do our best to serve you effectively, we cannot guarantee success on any given project or endeavor. Nor do we guarantee that any particular result will be attained by us. 2. Hourly Fees: Generally, our fees for services are calculated based upon the applicable hourly rates for those professionals who perform the work-at-hand. Our schedule of hourly rates for such personnel is based on experience, education, training and level of professional attainment. Currently, our hourly rates range from $95 to $275. For a limited time, August 2"d, 2019 to August 16h, 2019, we agree to bill the City of Ashland a discounted rate of $95-$125 per hour for all work performed. Total billables not to exceed $10,000. 3. Emergency Support: Emergency, after-hours, and weekend support will be billed at one and a half times standard rates. Normal business hours are defined as 8 a.m. to 6 p.m. Monday through Friday, not including holidays. Holiday support will be billed at twice Acme's standard rates. Holidays include New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving, and Christmas Day. 4. Onsite Support: Acme charges a one-hour minimum for all onsite support. All onsite visits will be billed "portal-to-portal", that is from the time the technician leaves the nearest Acme office until the time he returns to the office. There may be additional travel charges for customers whose offices are more than an hour's drive from the nearest Acme offices. 5. Other Fee Arrangements: On occasion, and by specific separate agreement, a fee schedule other than an hourly fee, such as a fixed fee for a specifically defined project may be utilized. In such a case, the fee and payment schedule will be set forth in a separate agreement or addendum, but all other terms of this Standard Engagement Letter will apply. 6. Costs: In the course of rendering services to your organization, it may be necessary for us to incur expenses for items such as hardware, special delivery services, travel, lodging and meals. The actual expenses may vary depending on the type of services that we provide to your company. Certain expenses may include an adjustment, above cost, to cover our expenses in providing the billed service or product. 7. Invoices: Generally, our invoices are prepared and mailed as services or expenses are incurred. Our invoices are payable upon presentation, and are overdue if not paid by the Due Date set forth on the invoices. 8. Late Payments: If you fail to pay our invoices in full on or before the Due Date set forth on the invoices, we reserve the right to assess a monthly service charge equal to 1.5% of all fees and expenses which are past due. This monthly service charge will be billed to you at the end of each month in which a late payment occurs. In no event will the service charge be greater than permitted by any applicable law. We also reserve the right to apply funds held as retainer against any past due amounts. 9. Retainer: Typically, we require an advance payment before commencing work on your behalf. Our proposal or estimation documents will specify the amount of any such advance required by our firm. In most cases, the retainer amount is calculated to cover initial consultation fees and expenses for a 30-day period. Fees and expenses are invoiced as incurred, and unless they are deemed to be the last such fees and expenses associated with the project, in accordance with the policy the retainer will not be used to pay these invoices. In this way, adequate funds exist on deposit to allow planning and scheduling of subsequent work and associated fees and expenses. If retainer balances are deemed insufficient to cover subsequent fees and expenses, additional retainer may be required. Any remaining retainer balance at the conclusion of the engagement will be refunded. 10. Warranties: During the course of the engagement, we may recommend the purchase and installation of computer or technological hardware, software, communication devices and/or services. Warranties, to the extent they exist, are provided solely by the manufacturer/vendor of those products, and we specifically disclaim all warranties, expressed or implied, including the implied warranty of merchantability and fitness for a particular purpose associated with these products or services. 11. Termination: You have the right to terminate our services at any time for any reason. We have the same right, subject to a professional and ethical obligation, to give you reasonable notice to arrange for alternative support. 12. Special Arrangements: Special arrangements, if any, governing the basis on which we will provide and bill professional services to you and varying from or expanding upon the general arrangements set forth in this Standard Engagement Letter would be described in a cover letter to you or in a separate agreement or addendum. 13. Confidentiality: We treat all aspects of our client relationships as confidential, and will gladly provide or sign appropriate non-disclosure agreements if desired. 14. Other Matters: Unless we otherwise agree, the terms and conditions of this letter will apply to all matters for which you engage us. If you have any questions or concerns about the terms of this Standard Engagement Letter, please contact us immediately. Company Name: City of Ashland Oregon Billing Address: 90 N Mountain Ave. Ashland Oregon 97520 By (Printed Name) : Don Hendrix Signature: Title: Information Systems Manager Dated: www.AcmeComputer.com Purchase Order Fiscal Year 2020 Page: 1 of: 1 B City of Ashland '!'~VOIC.ES,r' AND SHIPPING DOCUMENTS. L 20 E. Main ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 20200190 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Information Technology Dep E ACME COMPUTER 1 90 North Mountain Ave N 1512 S OREGON ST P Ashland, OR 97520 D YRKEA, CA 96097 Phone: 541/552-2400 O T Fax: 541/552-2435 R O Dan Hendrix 10/04/2019 4410 Cit Accounts Pa able Identify existing phone system Work to identify and document existing telephone phone lines that 1 $10,000.0000 $10,000.00 traverse the existing phone system as specified in the statement 71of work. Total compensation up to $10,000.00. Work to be completed by September 30, 2019 Services Agreement (less than $25,000) Completion date: 09130/2019 Project Account: E-000482-999 GL SUMMARY 081000 - 703000 $10,000.00 i - - _.9 By:3~ Date: 1' Authorized Signature PO Total $10 000.00 FORM #3 CITY OF ASHLAND =i req si frt U ":srcilase REQUISITION Date of request: 8-Ct'i JJy~ Vendor Name ACME COMPUTER Address, City, State, Zip 1512 S OREGON STREET, YREKA CA 96097 ` Contact Name CAEL WESTON A, U Telephone Number 877 630-2263 Email address SOURCING METHOD ❑ Exem Afrom Competitive Bidding ❑ Emergency ❑ Reason for exemption: F] Invitation to Bid (Copies on file) ❑ Form #13, Written dings an utho ion . . ❑ AMC 2.50 Dale approved by Council: ❑ Written quote or proposal attached ❑ Witten uote or re osal attached Attach co of council communication If council approve required. attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ Slate of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Direct Award quote(s) orproposal(s) -(Attach copy of council communication) ❑ State of Washington VerbalMdtten Intermediate Procurement I ❑ Sole Source Contract # GOODS & SERVICES r/W - ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 {~J ❑ Written quote or proposal attached Agency 0 (3) Written quotes and soliE{(ation attached El Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intemovernmental Agreement $5,000 to $75.000 ❑ Form 49, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment Date original contract approved by Council: ❑ Written quote or proposal attached (Date) ❑ (3) Written proposalslwrilten solicitation Date approved by Council: _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Work to identify and document existing telephone phone lines that traverse the existing phone system as specified in the Statement of Work. Total compensation up to $10,000.00. Work to be $ 10,000.00 completed by September 30,m 2019. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Q Per attached quotelproposal $ $10,000.00 Project Number o 0 o a s z. e s_ Account Number o a t o 0-- 0 3 0 0 0 - - - - - - - - - - - - - - - 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 this requisition form, I certify that the City's public contracting requirements have been satisfied.. Employee: Department Head: ro~ (Equal to or greater than $5,000) Department ManagerlSup isor• City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., 91 NO P-4k td I-S X17/ Deputy Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition