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HomeMy WebLinkAbout2019-322 Agrmt- Day Wireless Systems GOODS & SERVICES AGREEMENT Y ORDER PROVIDER: Day Wireless Systems CITY o F ASHLAND PROVIDER'S CONTACT: Calvin Emigh, Service Manager 20 East Main Street ADDRESS: 3669 Aviation Way, Medford, OR 97504 Ashland, Oregon 97520 •51-1/ Telephone: 541/488-5587 PHONE: 772-5602 Fax: 541/488-6006 EMAIL: CEmigh@daywireless.com 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 business corporation ("hereinafter "Provider"), for repairs andmaintenance, including technical support and consulting services for the City's emergency radio communications and notification systems, including SCADA, and any related equipment. This Special Procurement was approved by the.City Council on August 20,2019 and will be valid,until June30, 2024. • 1. PROVIDER'S OBLIGATIONS - 1.1 Provide for repairs arid maintenance, including technical support and consulting services for the City's emergencyradio communications and notification systems, including SCADA, and any related equipment. 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 goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the telini 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 Page 1 of 5: Agreement between the City of Ashland and Day Wireless Systems • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under` ORS 656.126. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum per the hourly labor rates attached as Exhibit A'and provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$30,000.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same 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. Page 2 of 5: Agreement between the City of Ashland and Day Wireless Systems 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. 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. 4. SUPPORTING DOCUMENTS The following documents are,by this reference, expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's labor rates attached as Exhibit A. 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. Page 3 of 5: Agreement between the City of Ashland and Day Wireless Systems 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, 2021, 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—Public Works Attn: WES HOADLEY 90 N. Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2355 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Day Wireless Systems Attn: Calvin Emigh 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; Page 4 of 5: Agreement between the City of Ashland and Day Wireless Systems (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: DAY WIRE S SYSTEMS By: By: �G — City Ad 'stator Signature kerk• w bbrNdr .1,Cvai 1/1/1 (— Printed Name Printed Name 40 1111°( oALe Date Title Date Purchase Order No. (W-9 is to be submitted with this signed agreement.) APPROVE AS TO FORly;),,_ Assistant City Attorney 2-/1 Date Page 5 of 5: Agreement between the City of Ashland and Day Wireless Systems EXHIBIT "A" PAGE 1 OF 1 DAY WIRELESS SYSTEMS City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541.552.2359 Day Wireless Systems 2019/2020 standard labor rates are $130/hr. Labor rates reflect work outside the annual maintenance agreement and installation schedule. • $130 per hour • Mobile radio installations are as follows: o $325 standard dash mount o $425 remote dash mount o $585 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 o .a►CCERTIFICATE OF LIABILITYDATE(MM/DDIYYYY) �— INSURANCE 3/27/2019 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Robyn Greene The Leavitt Group of Boise, Inc. PHONE '(208)672-6160 FAX IANC.NO.Ext): WC,No): (966)429-3119 6220 N. Discovery Way, Ste 100 ADDA)ESS:robyn—green@leavitt.com INSURER(S)AFFORDING COVERAGE NAIC# Boise ID 83713 - INsuRERA:National Union Fire Insurance Company c 019445 INSURED RoURERB:Navigators Specialty Insurance Company 36056 Day Management Corporation • INSURER C:New Hampshire Insurance Company 23841 dba Day Wireless Systems INSURER D: 4700 SE International Way INSURER E: Milwaukee. i OR 97222 INSURERF: COVERAGES CERTIFICATE NUMBER:19/20 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 ADDL SUER LTR TYPE OF INSURANCE .Jysn WVD POLICY NUMBER POLICY EFF POLICY EXP (MMlDDIYYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERALLIABILITY ! EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE n OCCUR • DAMAGE TO RENTED 500,000 PREMISES(Ea occurrence) $ GL 5342023 • 4/1/2019 4/1/2020 MED EXP(Any one person) $ 25,000 I — PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE ESLIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 —1 POLICY n • ECT [ I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 \ ELL__:acelden0 _ A X ANY AUTO - BODILY INJURY(Per person) $ ALL OWNED "---- SCHEDULED — AUTOS AUTOS CA 3786644 4/1/2019 4/1/2020 BODILY INJURY(Per accident) $ NHIRED AUTOS AUTOSOWNED PROPERTY DAMAGE , $ (Per accident) X UMBRELLA LIAR X • $ OCCUR EACH OCCURRENCE _ $ 10,000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 0 CB19EXC885592IV 4/1/2019 4/1/2020 $ WORKERS COMPENSATION WA Stop Gap: X PER OTH- AND EMPLOYERS'LIABILITY YIN • STATUTE; ER •ANY PROPRIETOR/PARTNER/EXECUTIVE l E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? y❑N/A C (Mandatory in NH) WC 0258936511 (AOS) 4/1/2019 4/1/2020 EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below • WC 025893652' (CA) 4/1/2019 4/1/2020 EL DISEASE-POLICY LIMIT $ 1,000,000 •s •DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES*(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) '• The City of Ashland, Oregon, and its elected officials, officers and employees are included as additional insured in regards to General Liability and Auto'Liability where required by written contract. General Liability and Auto Liability are primary & non-contributory where required by written contract. • CERTIFICATE HOLDER. , CANCELLATION • kari.olson@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 REPRESENTATNE • ITed Rice/ROGREE /y1. =z , j ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name andlogo are registered marks of ACORD INS025(201401) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2019 • forms a part of Policy No.CA 378-66-44 issued to DAY MANAGEMENT CORPORATION • 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. 'rvr AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 with its permission. • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL 534-20-23 CG 20 10 04 13 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 Persons) Or Location(s) Of Covered Operations Any person or organization whom you become Per the contract or agreement. obligated to include as an additional insured as a result of any contract or agreement you have c• • 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 or "property damage" occurring after: include as an additional insured the persbn(s) or . 1. All work, including materials, parts, or organization(s) shown in the Schedule, but only equipment furnished in connection with such with respect to liability for "bodily ,injury", work, on the project (other than service, "property damage" or "personal and advertising maintenance or repairs) to be performed by injury" caused, in whole or in part, by: • or on behalf of the additional insured(s) at 1. Your acts or omissions; or the location of the covered operations has been completed;.or 2..The acts or omissions of those acting on . your behalf; 2. That portion of "your work" out of which the injury or damage arises has been put to in the performance of your ongoing operations its intended use by any person or for the additional insured(s) at the location(s) organization other than another contractor or designated above. subcontractor engaged in performing However: operations for a principal as a part of the 1. The insurance afforded to such additional same project. insured only applies to the extent permitted C. With respect to the insurance afforded to these - by law; and additional insureds, the following is added to 2. If coverage provided to the additional Section III - Limits Of Insurance: insured is required by a contract or If coverage provided to the additional insured is agreement, the insurance afforded to such required by a contract or agreement, the most additional insured will not be broader than we will pay on behalf of the additional insured that which you are required by the contract is the amount of insurance: or agreement to provide for such additional 1. Required by the contract or agreement; or insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional exclusions apply: whichever is less. This insurance does not apply to "bodily injury" This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 0 • CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2019 forms a part of policy No. CA 378-66-44 issued to,Day Iwanagement Corporation by NATIONAL UNION FIRE INSURANCE COMPANY OF,PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO.CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required undcr an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. 1 • Authorized Representative or Countersignature (in States Where Applicable) • 74445 (10/99) i , • • • • • POLICY NUMBER: GL 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance policy provided that: Condition and •supersedes any provision to the (1)The additional insured is a Named Insured contrary: under such other insurance; and Primary And Noncontributory Insurance (2)You have agreed in writing in a contract This insurance is primary to and will not or agreement that this insurance would seek contribution from any other insurance be primary and would not seek contribu- available to an additional insured under your tion from any other insurance available to the additional insured. • I • • CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Council Business Meeting August 20, 2019 Agenda Item Approval of a Special Procurement— Day Wireless From Mike Morrison Public Works Superintendent Contact michael.morrison@ashland.or.us 541-552-2325 SUMMARY This Special Procurement(sourcing method) is being used to seek an exemption from the competitive bid process, which will allow City departments to directly award 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. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: Goal 1: Develop current and long-term budgetary resilience - Continue to improve the'budget process: transparency, rigor, innovation, community involvement, and collaboration Goal 2: Analyze City departments/programs to gain efficiencies, reduce costs and improve services - Implement a cost recovery plan and analysis for each department that coincides with the annual review of fees and charges and revenues . Goal 3: Enhance and improve transparency& communication Maintain Essential Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION A Special Procurement was previously approved on August 19, 2014 and expired on June`30, 2019. Police and Fire have already received Council approval for their FY 2020 annual radio maintenance agreements, so this Special Procurement will be available for their use for the remainder of its term. This Special Procurement will generate savings by eliminating the duplication of efforts by departments to satisfy the public contracting requirements. Page 1 of 2 CITY OF ASHLAND BACKGROUND AND ADDITIONAL INFORMATION A Special Procurement (sourcing method) is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The Special Procurement Approval Request Form with written findings is attached for your review and consideration. The City Council, acting as the Local Contract Review Board,may approval this request for a Special Procurement if it is determined, based on written findings, that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. FISCAL IMPACTS Funds are budgeted each fiscal year by individual departments for equipment repairs and maintenance. Upgrades will be dependent on available funding. The Fire Department funds and manages their annual radio maintenance agreements with Day Wireless. The Police Department funds and manages their annual radio maintenance agreements with Day Wireless. The Fleet Department budgets and charges these services to the,"outside services" account each year. The actual cost for installing new radio communications equipment and/or repairing existing radio equipment is dependent on need and the type and number of vehicles being removed from service and/or new vehicles being put in service. STAFF RECOMMENDATION Staff recommends City Council, acting as the Local Contract Review Board,)approve this Special Procurement. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1. I move to approve the Special Procurement which will allow public contracts to be directly awarded to Day Wireless for the repair and maintenance of radio communication systems, including SCADA and related equipment. 2. I move that staff solicit bids in accordance with the procurement requirements set forth in AMC 2.50. ATTACHMENTS 1. Form#9, Special Procurement, Request for Approval (Written Findings) Page 2 of 2 CITY OF ASHLAND CITY OF FORM #9 ASHLAND Ea_=lJ W DOM/tea\.J l'l ©17 I 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-wide radio 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 3,8/9/2019 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, 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 L (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 3,8/9/2019 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 findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kari Olson,Purchasing, 90 N. Mountain,Ashland, OR 97520. The seven(7)protest period will expire at 5:00pm on[f published August 21', 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 3,8/9/2019 RFPs-City of Ashland, Oregon , Page 1 of search Q RFPs • City of Ashland City of Ashland, Oregon/Administrative Services/ Purchasing Program / RFPs View By: List All RFPs V Purchasing Program (View All) ' 0 • Posting Number: PUBLIC NOTICE- DW Project Name: SPECIAL PROCUREMENT- DAY WIRELESS Release Date: 8/21/2019 Due Date: 8/28/2019 Due Time: 5:00:00 PM Status: None Description: PUBLIC NOTICE Approval of a Special Procurement First date of publication: April 21,2019 - i 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. This Special Procurement was.processed to request approval;to directly award http://www.ashland.or.us/RFP.asp?RFPID=302 - 8/21/2019 RFPs -.City of Ashland, Oregon Page 2 of 4 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 continueproviding 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 findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner 0 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, 90 N. Mountain, Ashland, OR 97520. The seven(7) protest period will expire at 5:00 PM on 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. Request Bid Packet and/or Plan Holder List and Other Information • Online City Services • http://www.ashland.or.us/RFP.asp?RFPID=302 8/21/2019