HomeMy WebLinkAbout2022-087 PO 20230120- Pathways Enterprises Inc oirl,a Purchase Order
'Al . CITY ., DER Fiscal Year 2023 Page: 1 of: 1
B City of Ashland e _-
IATTN: Accounts Payable Purchase
L 20 E. Main 20230120
Ashland, OR 97520 Order#
T Phone: 541/552-2010
O Email: payable@ashland.or.us
✓ PATHWAY ENTERPRISES INC H C/O Facilities Maintenance Div
N 1600 SKY PARK DR STE 101 , I 90 North Mountain Ave
D MEDFORD, OR 97504 •
P Ashland, OR 97520
OR Email: ACCOUNTING@PATHWAY-INC.ORG ( Phone: 541/488-5358
Fax: 541/552-2304
e eweinaa itnT ide . laa-- 7zictiutt 1.___._-._;:w57,a €Y `"-, �' �t 3&_= '`.. a 2 -.. —_ _
(541)488-1536 David Arnold
=[rad _kd—iirac a €�r-:i�fi016--__D-Gt _ :_ �av_� in �-
09/06/2022 509 FOB ASHLAND OR City Accounts Payable
_
Paint Wood Beams Fire St#2 r
1 Paint exterior wood beams at Fire Station#2 1.0 $10,665.86 $10,665.86
Goods and Services Agreement($35,000 or less)
Completion date: 06/30/2022
Project Account:
***************GL SUMMARY***************
I I 088400-602352 $10,665.86 1
id
By: l _I i•lii Date: t
Auth•rize• 1,nature cite` - 10 665.86
FORM #3 �' � ® � G� CITY OF
Tor
/.. ® � ASHLAND
A request
,st .7� � a q
i���jldt;+-)�. �sJt� !;I Purchase �1�t1�)�
REQUISITION Date of request: . • 8/15/2022 .
Required date for delivery:
Vendor Name" Pathway Enterprises, Inc.
• Address,City,State,Zip • 1600 Skypark Drive Suite 101.Medford,OR 97504 • •
Contact Name&Telephone Number Richard Simpson 541-601-4550 rpspeiapmail.com
Email address •
SOURCING METHOD _
❑ Exempt from Competitive Bidding 0 Invitation to Bid • 0 Emergency
❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization .
O AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached
❑ Written quote or proposal attached (If council approval required,attach copy of CC)
❑ Small Procurement 0 Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: ® State of Oregon
❑ Direct Award _(Attach copy of council communication) Contract# OregonForward
❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington •
Date approved by Council: Contract#
(Attach copy of council communication) 0 Other government agency contract
Intermediate Procurement 0 Sole Source Agency
GOODS&SERVICES • 0 Applicable Form(#5,6,7 or 8) Contract# •
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement
❑ (3)Written bids and solicitation attached 0 Form#4,Personal Services$5K to$75K Agency
PERSONAL SERVICES • Date approved by Council: 0 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 0 Special Procurement City Administrator.AMC 2.50.070(4)
O (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 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: •
Valid until: (Date)
Description of SERVICES - Total Cost
Services for Wooden Structure at Fire Station 2 /1065:86
• Item# Quantity Unit Description of MATERIALS Unit Price . Total Cost
,
$0 $0.00
• $0 $0.00
$0• $0.00
0 Per attached quote/proposal TOTAL•:COST_'
• Project Number: -_ _ _ Account Number: 088400-602352 $$0.00:
*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 appy all h dware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition form,l certify that the Cit 's pu is co sting requirements have been satisfied. .
Employee: „,./ . Department Head _ ! _ • 5.t
OM •
.L.-yr?�to or greater than$5,000)
Department Manager/Supervisor: Ci Mena•er:
(Greater than$3
Funds appropriated for current fiscal year/NO �� moi/
Finan ~Direc or- E. alto or greater than$5,000) Date `
Comments:
Form#3-Requisition •
Quote for services
athWa CCB License # 218417
Enterprises, Inc. Property Service License # 40205
Date 7/14/2022 Price Breakdown
Quote # C148 Supplies / Coatings 491.84
Equipment & Tools 867.00
Built Date 2000 Sub Contractors
Labor Cost 7,026.27
This offer is valid until Delivery & Transportation
10/12/2022 Over Head 1, 677.02.
•
Reserve Margin 603.73
Pathway Enterprises, Inc. Final Pricing $10.,665.86 '
1600 Skypark Drive #101, Discount % $0.00
Medford, OR 97504 Final Pricing $10,665.86
www.pathway-inc.org info@pathway-inc.org
Prepared By Prepared For Name and location of project
•
Devon Simpson Dave Arnold Fire Station # 2 - Wooden
Coatings Supervisor Facility Manitenance Structures (Caulking)
• Pathway Enterprises, City of Ashland Public 1860 Ashland St, Ashland,
Inc. Works OR 97520
541-944-6997 541-552-2292 Fax'541
•
-552-2304
Proposed Services
Pathway proposes to provide services as outlined on the Project Features sheet. All work
performed includes coating application to completely cover target surfaces, shielding of
non target surfaces, and application with sufficient thickness to meet manufacturers •
requirements. Surface preparations may include patching of incidental damage less' then
1/4 inch in diameter, sanding and scraping of failed coatings, and other preparations
required by the coating being applied. Failed caulking and coatings will be removed and
repaired prior to coating application. Work is to be completed based on a work schedule
to be coordinated with the customer. Invasive tasks which will adversely effect the
customer will be done on weekends or after normal business hours as applicable and as
negotiated. Workers will adhere to all manufacturer and OSHA guidelines.
•
Description of Subject Area
Contractor will not coat any hardware on wooden structure. Contractor will apply one coat
of primer prior to two coats of paint.
The customer will provide all coating products to be used on this project. We cannot
warranty the performance of the coatings which. are provided. .We reasonably guarantee the
quality of the preparation and application of these coatings. ' In order to adequately
prepare and apply. these coatings the customer will provide product informationfrom the
manufacturer to Pathway Enterprises, Inc.
•
This is provided as a quote only. the final
. agreement will include additional pages of the Richard Simpson '
' agreement required by the State of Oregon. Contracts Director
•
pathway
Project Features Sheet for:
nterprises,Inc.
Fire Station # 2 - Wooden Structures
Lead Based Paint Testing Required N/A (Caulking)
If lead based paint is discovered this contract will need 1860 Ashland St, Ashland, OR 97520
to be modified to reflect the additional, abatement
requirement ,
Exterior Project Features: * Includes trim, moulding, fascia,
gutters, and other trim on exterior
Pressure Washing Exterior X Walls only X
•
Caulking Exterior Shell X Trim* Only
•
Siding Installation / Repair Wall and Trim* Components "
Flashing Installation / Repair ,
Siding•Types Style
Metal Lap
Door Refinishing Coating " ' Cement Sheet
Brick Continuous
Painting of outer garage structure Wood X Paneled
"Concrete
Painting of storage structure Vinyl
Fencing Stain or Paint X Base color P
Surface Preparation Trim color
' Concrete Pressure Washing Accent Color _ •
Sealing Surfaces
Interior Project Features: ,
Color # Coats
Clean and Neutralize Surfaces Ceiling
Wall Repair /• Installation Walls
Trim Repair / 'Installation Cabinets
Texture Trim •
Primer V • Doors
Floor Coating Features:
Floor Stripping Coating Application
•
Color # Coats
Epbxy Application
• Cement
•
Re-Surfacing • Brick •
• Wood •
Fire Station # 2 - Wooden Structures (Caulking) .•
1860 Ashland St, Ashland, OR 97520
GOODS AND SERVICES AGREEMENT($35,0.00:OR LESS)
PROVIDER: Pathway Enterprises,Inc. •
•
• CITY 0.f PROVIDER'S
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ASHLAND CONTACT: Richard Simpson
•
20 East Main Street
Ashland,Oregon 97520 ADDRESS: 1600 Slcypark Drive,Suite 101
Telephone: 54140587 Medford,OR 97594
Fax: 5411488.6006
PHONE: 54J-00174550: ,.
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This.Goods and Services Agreement (hereinafter "Agreement") is entered into by and between: the City of
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Ashland,an Oregon municipal corporation(hereinafter"City")and Pathway Enterprises,The.,.(a domestic/foreign... ., , . :
business corporation)("hereinafter"Provider"),for services at Fire Station 2.
... .. . .
1. PROVIDER'S OBLIGATIONS
1.1 Provide services for wooden,istructure at Fire. Station 2 as. set forth An the "SUPPORTING
DOWMFM$11.:Att401.94 hereto and,.!'by this reference, incorporated 11094 !Provider.,expressly
acknowledges..04*.w..is of the essence of any completion.400,*::torth,in the SUPPORTING
DOCUMENTS,and that no waiver or extension of such deadline i.1.141310*11410004 P?C,C91i.i 1..4.019 same
maiirier.as herein provided for antlyiity:‘*.exceedl.he.4:flaihrilurs. 040iitiOh:.the services defined
and described in the."SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as
"Work:" •
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1.2 Provider shall Obi,*And,..hlattitain..durthg the tertnI)f.Ihis Agreement and until City's. tiat':000eptatwP
of all Work receiVeheretrirder,1-anOlicyOr;policies.pf liability insurance including commercial general
liability insurance a combined single limit, or,the equivalent, of not less thaii $2,000,000 (two
million dollars)per occurrence for Bodily Injury and Property Damage. . ..
; I 1.2.1 The insurance required in this Article shall include the following•coverages:
: 1 • Comprehensive. General or Commercial Oellgal. Liability, :itiOluding:personal injury,
1 I ., . .,..
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contractual liability,and products/completed operations coverage;.,and
• Automobile Liability.
1.2.2 Each policy of such insurance shall be on an"occurrence"and not a!!clairns.made'!,:forni,"and
sha1 I
1 1 , . . .. .
,
I ! • .•Name as additional insured "the City of Ashland,:,Oregon, •its officers, !agents and
empt9yopo";-*jth :*$pect,.49"9141:m arising' out of or Work: under this
[
Agreement;• ". '''.''''' '''''''''' i': . . — .:::.;' . . .. : ::.:: . : •,'.: .: .'• .
1 .
1 'Apply to each named and.04041 stlkili40..inPtik.01.4P.t.119:4ib;4 separate„policy 410 been
1 •
jU40-1.10:949. , '9,,..14(1#1S the p •19'4uP4P,..014C41)91PPMP90:thereby;,' •.”
• Apply as..i.i ‘646,: .%,44.i0.461:i additional named insured except Jo ik. '.0)cteio.that two
or more 84 policies are.intended to "layer" coverage and, taken together, they provide
total coverage from the first dollar of liability;
• Provider shall.itngte04t91y.pogy.Plp City Of py:.91w4ge.in insurance coverage
• Provider shall supply atl endorsement naming theqty,:tts officers, mployees and agents
as additional th5..iireits.'hy the Effective Date of this Agreement; and
Page 1 of 6: Goods and Services Agreement between the city of Ashland and Pathway Enterprises,Inc.
• Be evidenced by a certificate or certificates of such insurance approved by the City.
1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS
656.017, which requires subject employers to provide workers' compensation coverage for all of its
subject workers.
1.4 Provider agrees that no person shall, on the grounds of race, color,religion, creed, sex, marital status,
familial status or domestic partnership, national origin, age, mental or physical. disability, sexual
orientation, gender identity or source of income, suffer discrimination in the performance of this
Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of
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 27910.10.
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 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 tq'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.
1.7 Assignment: Provider shall riot 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 7/14/22 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$10,665.86(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 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 Pathway Enterprises,Inc.
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• 3.2 Provider is an independent contractor••and not an employee or agent of the.City for any putpose.
.•• 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. •
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3A This Agreement:embodies the Tull and complete understanding of the parties respecting the subject
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• matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties,
• whether written or oral.
.••
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3.5 This Agreement•MaY*apAldPdrenlYily written instrument executed with the same formalities as this
Agreement. • .
. . s •:. ••: •• •• .
3.6 'the following Amg.,;of the State:OfiOregen are hereby incorporated by into this Agreement:
....... ,••• •••••
ORS.27913220,270.430 and 219J3 ••• . :•
3.7 This Agreement shall be governed by the laws of the State of Oregon without regard toponfliet.ofinws
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principles. Exclusive venue for litigation of any action arising under this Agreement shall be An the
Circuit cpprt of*State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,
.••
• in which case exclusive ypp9:shallbein the federal district canti•f4the;(4400 of OregOti, Each party
expressly waives any and.all riihts.to maintain an#qtipn*401i:iiA&00**ili 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 .• „.
3.8 Provider shall defend,save,hold bartnless.and ilidom4ifythocity40.its...effibeis,..0009yge .A44.agents
ft.:94XX.g4.1,..agaiXW losses, expenses of
any.::nature...reSnitingfrOM, ariSing:OntiOf,,or relating to the activities of'PrOVideror its officers,
employees,contractors,Or agents under this Agreement. •
3.9 Neither.party.*thisAgrceinent,Shalt hold the other responsible for damages...*4043.r.iI113600rmance
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 foundr by a scourt of competent jurisdiction to be.unenforceable,
• such provisionshall 1K4f:Oct 401104316YAOcimi'bilt:**0011:114000rO04b10).*isiO4.*11J7P...0e*ed
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modified to the extent necessary to render it enforceable,preserving to the fullestextent permitted the
intent of Provider and the City set forth in this Agreement.
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3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling Charges for the
PPYj491.q '9§P9OikkAti411049•••f9t1940*::'40ni**J.11Ai41**004k004*iit40e of the
Goods by the.City ..PrOVider,remains liable:forlatent defects, and warranties
•
3.12 The Goods and require
Pr••. ..9:00ki0;0#044:00. 0.0.0044tg0147:4*0. 110i:it4.:000004fii4kiiei404ioci..ItPrOsiicier.
d9p ,i#0t.:.:'00403/409.00::•#.041.„**ee0:061eAlttie,.)•the City may reject the Goods and cancel this
Agreement in Whole*j4.-i*VViii,;00040 does not affect rights, including Its•
........,.......,....
. rights.underthe Uniform Commercial CodeORS Chapter 72(UCO 1 ••• • •
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Page 3 of 6: Goods and Services Agrgernent,between.the.City.ofAshland and Pathway
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.
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 Quote dated July 14,2022.
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 eventof conflict between provisions of two of the
SUPPORTING DOCUMENTS,the several supporting documents shall be-given preeedence 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 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, 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 lessthan thirty(30)days' prior written notice,terminate this Agreement
for any reason deemed appropriate in its sole discretion.
6.2.3 Either,party may laminate this Agreement,with cause,by not less than fourteen(10 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
Page 4 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
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by mailing using registered or certified United States mail,return receipt requested,postage prepaid, to the
address set forth below:
If to the City:
City of Ashland—Facilities Maintenance Department
Attn: David Arnold
20 E. Main Street
Ashland,Oregon 97520
Phone: (541)552-2292
With a copy to:
City of Ashland-Legal'Department
20 E.Main Street
Ashland,OR 97520
Phone: (541)488-5350
If to Provider:
Pathway.Enterprises,Inc.
Attn: Richard Simpson
541-601-4550
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,few.erthan six(6)calendar years preceding the Effective Date of this
Agreement, has;faithfully.complied With:
CO All tax laws.of:theState..of Oregon, including but not limited to ORS 305.620 and.ORS
chapters 3.16,317,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.
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9.2 Provider's.failure.to comply.:wth 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.inequity.
Page 5 of 6: Goods and Services Agreement.between the!City of Ashland and Pathway Enterprises,Inc.
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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: Pathway Enterprises,I r '0 i i ER):
By: By:
4111.111g1ALTIP ature Signatu
Sorr ••-1 A\ el c,rTson
Printed Name Printed Name
1t tw02-S Q t C([Z Cnr\-}1r01(f3 1b i r 2 Lir
Title Title
2S.2o2L_ g I f s 'Z7�
Date Date
(W-9 is to be submitted with this signed Agreement)
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Purchase Order No.
(00,,aen Si-YvL�„y�
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Page 6 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.