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HomeMy WebLinkAbout2022-039 PO 20230003-Day Wireless Systems _ Purchase Order .pr® del F Far CITY RECORD Fiscal Year 2023 Page: 1 of: 1 B alhl5�� :�v3(�ia31 �X10.1 a LT I 111 City of Ashland I ATM: Accounts Payable Purchase L 20 E. Main 20230003 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Fleet/Shop Division E DAY WIRELESS SYSTEMS I 90 North Mountain Ave N PO BOX 22169 P Ashland, OR 97520 D MILWAUKIE, OR 97269 Phone: 541/488-5358 O T Fax: 541/552-2304 R , (541) 772-5602 Wes Hoadley .0—b.:— -1e 5("-n"3 S 9I f.. d �� i�76t �i_1i ��Erf 6"j- �• {-£{5 af. r� I 'v r 1-1 3323 a; !�1 — � �l 1,&I i.33) .ef" :. � S , 05/11/2022 163 FOB ASHLAND OR City Accounts Payable =s— --_ — D,Tv_a i _�iir� =— � -' 'U_ k>� = _= tE =- a affla-.J. Repairs/Maint Radios and SCADA 1 Repairs and maintenance, including technical support and 1.0 $10,000.00 $10,000.00 consulting services, for emergency radio communications and - notification systems, including SCADA, and other related equipment for FY23. Goods and Services Agreement($35,000.or Less) Completion date: June 30, 2023 • Project Account: ***************GL SUMMARY*************** 086500-602223 $10,000.00 • 'iY T K#iGS�NA-4,..... -„TJ ms By: Date: �{' " $10,000.00 Authorize Signature '�_�'_�`1.- C=�,;-��=~-r • [ oRM#3 CITY OF � t A �� �y G�i ;� `� �D � ASHLAND {. s REQUISITION Date of request 4/28/2022 i Required date for delivery: Vendor Name Day Wireless Systems • Address,City,State,Zip• 3669.Aviation Way,Medford.OR 97504. Contact Name&Telephone Number Calvin Emigh 541-210-0138 cemight daywireless.com ° Email address SOURCING METHOD ❑. Exempt from Competitive Bidding 0°Invitation to Bid ❑ Emergency . ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization • ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached -0—Written quote or proposal attached _(If council approval required,attach copy of CC) -❑ Small Procurement ❑ :Request for Proposal Cooperative Procurement - Not exceeding$5,000 • Date approved by Council: 0 State of Oregon ❑ Direct Award . , _(Attach copy of council communication) Contract# - 0 Verbal/Written quote(s)or proposal(s) ❑ .Request for Qualifications(Public.Works) 0 State of Washington ° Date approved by Council: Contract# (Attach copy of council communication) 0 Other government agency contract •. Intermediate Procurement • ❑ Sole Source Agency _ GOODS&SERVICES . ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100;000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids and solicitation attached ❑ Form#4,Personal.Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) .Agreement approved by Legal and approved/signed by ❑ Less than$35;000,by direct appointment ® Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ® Form#9,Request for Approval . ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required:(Attach copy of council communication) Date approved by Council: August 20,2019 ' • Valid until: June 30.2024 • - - Description of SERVICES Total Cost Repairs and maintenance, including technical support and consulting services,for emergency radio :$',10 OOO"00* communications and notification systems, including SCADA, and any related equipment for FY23 Item# Quantity . Unit Description of MATERIALS . , Unit Price Total Cost 0 . $0.00 0 $0.00• - $0 $0.00 ❑ Per attached quote/proposal TOTAL COST - ' • . $$oioa Project Number Account Number 086500-602223 ° __„ -_- .. *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. 1T Director in collaboration with department to approve all hardware and software purchase s IT Director Date ..;Support=Yes/No By signing this requisite form,I certify that t ity's public contracting requirements have been satisfied Employee: '� Department Head: 4. p:: . �`o1Z • (Equ Ito or greater than$5,000) Department ManagerlSupervisor: -- City Manager: - (Greater than$35,000) Funds appropriated for current fiscal year: /•NO (--/,---Z..- , Financ irecor-Atlas toorgreaterthangoo). " . t8e Comments: . _ - Form#3=Requisition • • • • • GOODS AND.SERVICES AGREEMENT ($35,000 OR LESS) r PROVIDER: Day Wireless Systems CITY '0.F PROVIDER'S ASH LAN.D CONTACT: Calvin Emigh 20 East Main Street Ashland,Oregon 97520 ADDRESS:. . 3669 Aviation Way Telephone: 541/488-5587 Medford, OR 97504. Fax: 541/488-6006 .PHONE: 541-772-5602 • This.Goods and Services Agreement (hereinafter "Agreement") is entered into by and between•the City of Ashland, an Oregon municipal corporation (hereinafter "City and Day Wireless Systems; (a domestic/foreign business corporation) ("hereinafter"Provider"),for fleet services. 1. PROVIDER'S.OBLIGATIONS 1.1 Provide fleet services for FY23 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 "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; . • Apply to each named and additional named insured as though a'separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • ' Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide • total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Goods and Services Agreement between the City of Ashland and Day Wireless Systems 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 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 $22,310.46 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. Provideris also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. .1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the hourly rates effective 4/11/2022 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$10,000 (this is maximum, not to exceed amount of ENTIRE Agreement) withoutexpress, 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. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Day Wireless Systems • • 3.2 Provider is an independent contractor and not an.employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement: 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this - Agreement. • 3.6. The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. . 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 otherevents beyond the control of the other or the other's officers,employees or agents. . 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, • such provision shall not affect the other provisions, but such unenforceable provision shall be deemed • modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and-warranties. • 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights;including its rights under the Uniform Commercial Code,ORS Chapter 72 (UCC). • 3.13 Provider represents and warrants that the Goods are. new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS, and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Day Wireless Systems • • • • • 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 Provider's complete written Rate Sheet. 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 Article 4.1. • 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 inequity; 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, 2023, 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 Eitherr 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: • Page 4 of 6: Goods and Services Agreement between the City of Ashland and Day Wireless Systems 1 ' • City of Ashland—Fleet Maintenance Department s • Attn: Wes Hoadley 20 E.Main Street 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: • Day Wireless Systems Attn: Calvin Emigh 541-772-5602 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 apolitical 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. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Day Wireless Systems • • • 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: Day Wi ess Systems ROVIDER): By: By: ,'XL—, ce,,t/C5) e Si natur is cet(urn oti 6 t* • Printed Name I Printed Name • • Pub—kc— c £toEc T1 -4c(/( .( Title Title fr/ L •te • Date OO (W-9 is to be submitted with this signed Agreement) Purchase Order No. / ® so • • • • • • • • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Day Wireless Systems " ti • \\\• ♦' 0\\ . • „` \`'`' 1 ® i', A��v • CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) - • 3/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). . PRODUCER CONTACTRobyn Greene NAME: The Leavitt Group of Boise, Inc. PAHONE No.Extl: (208)672-6160 FAX No): less) 929-3119 6220.N. Discovery Way, Ste 100 • E-MAIL• ADDSS:robyn-greens@leavitt.com INSURER(S)AFFORDING COVERAGE NAIC# Boise ID 83713 INSURER A:National Union Fire Insurance Company c, 019445 INSURED INsuRERB:Navigators Specialty Insurance Company 36056 Day Management Corporation. INSURER C:New Hampshire Insurance Company ' 23841 • . dba Day Wireless Systems • INSURER D:Scottsdale Insurance Company 41297 4700 SE International Way INSURER E: _ • Milwaukie • OR 97222 INSURERF: • COVERAGES - CERTIFICATE NUMBER:22/23 Master . ' REVISION.NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR - POLICY EFF ,POLICY EXP LIMITS LTRINSD WVD 'POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY ( EACH OCCURRENCE $ 1,000,000 DAMAGE RENTE A _ CLAIMS-MADE X OCCUR PREM SESO(Ea o currence), $ 500,000 $0 Ded . . X GL 5342023 4/1/2022 4/1/2023 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Es accident) X ANY AUTO • BODILY INJURY(Per person) $ . A ALL OWNED SCHEDULED AUTOS _AUTOS X ' CA 3786644 1/1/2022 4/1/2023 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _AUTOS (Per accident) ' $ . X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 • B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 0 • CH22EXC885592IC 4/1/2022 4/1/2023 . $ WORKERS COMPENSATION WC 025893651 (AOS) 4/1/2022 4/1/2023 X PER ' OTH- AND.EMPLOYERS'LIABILITYY/N STATUTE • ER • ANY PROPRIETOR/PARTNER/EXECUTIVE WC 025893652 (CA) 4/1/2022 4/1/2023 E.L.EACH ACCIDENT $ 1,000,000 ' OFFICER/MEMBER EXCLUDED? Y N/A C (Mandatory in NH) . , WA Stop Gap E.L.DISEASE-EA EMPLOYEE $ 1,000;000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 . D 2nd Excess Policy-Excess over XLS0123670 • 4/1/2022. 4/1/2023 5x 5 Excess Layer Limit $5,000,000 GL, Auto & Employers Liability . DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES.(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER • • • CANCELLATION . • . nicole.graham@ashland.or.us - • . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland • THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 • AUTHORIZED REPRESENTATIVE . Ted Rice/ROGREE 0.-09WI:e„,.:-..-- ' I ©1988-2014 ACORD CORPORATION. All rights.reserved. ACORD 25(2014/01) • The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER: GL 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: • with respect to liability for "bodily injury", "property dams e" or "personaladvertising This insurance does not apply to "bodily injury" g and or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or • However: 2. That portion of "your work" out of which the injury or damage arises has been put to 1. The insurance afforded to such additional insured only applies to the extent permitted its intended use by any person or organization other than another contractor or by law; and subcontractor -engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract . " ' or agreement to provide for such additional insured. . • CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 j. • C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: • whichever is less. If coverage provided to the additional insured is •This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or • • • • • • • • Page 2 of 2 g Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL' 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT'CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR • CONTRACTORS -j COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: . COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name,Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED . TO INCLUDE AS AN ADDITIONAL INSURED • AS A RESULT OF ANY CONTRACT OR . AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance:, • with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in.whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. •The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional . insured is required by a contract or agreement, the insurance afforded to such • additional insured will not be broader .than that which you are required by the contract or agreement to provide for such additional • insured. . • CG 20 37 12 19 Co Insurance Services Office, Inc., 2018 Page 1 of 1 • • • ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2022 forms a part of Policy No.CA 378-66-44 issued to DAY MANAGEMENT CORP. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to. • provide Additional Insured status but only to the extent of such • person's or organization's liability arising out of the use of a covered "auto". • • • I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the. type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. • AUTHORIZED REPRESENTATIVE • • 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 with its permission. • _ 4., WIRELESS SYSTEMS • • City of Ashland Public Works 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541.552.2359 Day Wireless Systems 2022/2023 standard labor rates are$170/hr. Labor rates reflect work outside the annual maintenance agreement and installation schedule. • $170 per hour tech time • • $130 per hour travel • ' Mobile radio installations are as follows: o $350 standard dash mount o $485 remote dash mount o $685 Ambulance/HD vehicle o Fire truck installs require quote due to equipment variances Thank you, Calvin Emigh Service Manager • Day Wireless 3669 Aviation Way Medford, OR 97504 651-772-5602 - 3669 Aviation Way, Medford Oregon, 97504 - 541-772-5602 Office/541-772-5401 Fax CITY. OF FORM #9 ASHLAND • fI c /a_ii ° OAC mixam yr To: ' City Council, Local Contract Review Board From: Michael Morrison, Public Works Superintendent . Date: August 20, 2019 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT • In accordance with ORS279B.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: PW,Electric,Fire and Police - (City-wideradio communication systems,including SCADA and related equipment) 2. Department Contact Name: Michael Morrison,Public Works Superintendent • 3. Type of Request: X Class Special Procurement.. Contract-specific Special Procurement 4. Time Period Requested: From . September 1,2019 To: June 30,2024 5.Total Estimated Cost: To be determined • 6. Short title of the Procurement: Day Wireless , • Supplies.and/or Services or class of Supplies and/or Services to be acquired: Day Wireless to provide repairs and maintenance,including technical support and consulting services,for the City's emergency radio communications and notification systems,including SCADA,and any related equipment. (Includes Fire and Police annual radio maintenance agreements.) Note: Equipment and components for the systems will continue to be purchased using the highest priority procurement sourcing method. • 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 Procurement—Request for Approval,Page 1 of 3;.9/20/2019 • Background: Public contracts have been directly awarded to Day Wireless because they have extensive knowledge and experience building and maintaining the City's emergency communication and notification systems and the integration of these complex and intricate systems. A previous Special Procurement was approved by Council on August 19,2014 and expired on June 30,2019. • Proposed procedure: Staff recommends public contracts for repairs and maintenance,including technical support and consulting services,for the City's emergency radio communications and notification systems, including SCADA,and any related equipment be directly awarded to Day Wireless. (Includes Fire and Police annual radio maintenance agreements.) 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Day Wireless has consistently provided dependable and reliable repairs and maintenance,including technical support and consulting services,for the City's emergency radio communications and notification systems, 7 including SCADA,and any related equipment. This Special Procurement will give City staff the authority to directly award public contracts to Day Wireless for these services. • 9. Findings to Satisfy the Required Standards: This proposed special procurement: X • (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Day Wireless has extensive knowledge and experience building and maintaining the City's emergency communication and notification systems and the integration of these complex and intricate systems.It is imperative that these systems operate 24/7. (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: There is a cost saving having a contractor that is highly skilled,with an extensive knowledge of the City's system.This decreases the amount of time having to spend troubleshooting and increases the speed in which the system can be repaired and maintained and made operational again. (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 279B.055,279B.060,279B.065, or 279B.070,or any rules adopted thereunder because: It is in the City's best interest to have Day Wireless continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement) Form#9-Special Procurement—Request for Approval,Page 2 of 3,9/20/2019 • ss 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 137-047-0300.The public notice shall describe the • Goods or Services or class of Goods or Services to be acquired through the 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.or.us-[August 21,2019—If approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [April 21, 2019—If approved by Council] • 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[April 20, 2019—If • approved by Council]. This Special Procurement was processed to request approval to directly award public contracts to Day Wireless for repairs and maintenance,including technical support and consulting services,for the City's emergency radio communications and notification systems,including SCADA,and any related equipment. Day Wireless has extensive • knowledge and experience building and maintaining the City's emergency communication and notification systems and the integration of these complex and intricate systems.It is in the City's best interest to have Day Wireless continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage. This Special Procurement will expire on June 30,2024. It has been determined based on written fmdings 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,Kari Olson,Purchasing,901\1: Mountain,Ashland,OR 97520. The seven(7)protest period will expire at 5:00pm on[f published August 21s, it will expire August 28, 2019] 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 this request for approval of a Special Procurement. Form#9-Special Procurement—Request for Approval,Page 3 of 3,9/20/2019