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Home My WebLink About2009-048 Agrmt - Energy TRT of OR 00951 SERVICES AGREEMENT Contract No. 00951 This Services Agreement (together with any exhibits and amendments hereto, the "Agreement") is between City of Ashland Electric Department a publicly owned electric utility ("Utility"), and the Energy Trust of Oregon, Inc., an Oregon nonprofit corporation ("Energy Trust"). Energy Trust and Utility may aiso be referred to herein individually as a "party" or collectively as "the parties." Recitals A. The Bonneville PowerAdrninistration ("SPA") sponsors certain conservation- . funding mechanisms under which BPA provides funding to its retail electric utility customers for investment in efficiency and renewable energy programs. . S. Energy Trust operates energy efficiency and renewable energy programs. Energy Trust utilizes staff and contractors to implement its programs. C. Energy Trust and BPA haVe executed a Memorandum of Understanding dated February 11, 2009 (the "MOU"), whereby SPA has added Energy Trust to SPA's list of approved entities eligible to receive certain conservation funding contributions from BPA's retail electric utility customers consistent with the terms and conditions of that MOU. D. Utility is a SPA retail electric utility customer and wishes to engage Energy Trust to provide certain energy efficiency program services and Energy Trust desires to perform such services for Utility asset forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Agreement 1. ObliQations of the Parties. 1.1. Services, On the terms and subject to the conditions hereinafter set forth, and in consideraiion of the payment described below, Energy Trust shall provide the packagers) of program services (each a "Package") as set forth in the attached and fully incorporated Exhibit A: Statement of Work (collectively the "Services").' 1.1.1 Standard of eare. Energy Trust shall perform the Services using the standards of care, skill, and diligence normally provided by a professional performing work similar to that contempiated by this Agreement. 1.1.2 Proprietary Rights, Utility acknowledges that Ehergy Trust has an , exclusive proprietary right in and to the Energy Trust programs and related intellectual property, and no license therein is granted on an implied basis as a result of the Services performed hereunder. 1.2. Payment. The cost calculations, not-to-exceed budget, and payment provisions for each individual Package shall be set forth in the attached and fully inc;orporated Exhibit B: , Pricing and Budget. Upon acceptance of a Package by Utility, Energy Trust will invoice Utility 00951 1 for the not-to-exceed budget amount for each such Package in accordance with Exhibit B (the "Funds") and Utility shall provide payment within thirty (30) days of receipt of such invoice. The Funds shall be applied by Energy Trust toward the performance of the specific Package. Energy Trust shall not be authorized to begin any work for Utility for a specific Package until it receives the Funds. 1.3 Status Reports. Energy Trust shall prepare and submit, via electronic mail (i) to Utility's contact and, (ii) as designated below, to BPA", a status report for each Package detailing measures installed, measure life, deemed savings and incentive amounts along with, a year-to-date accounting of the draw-down of the Funds, as Services are provided and in accordance with the Exhibit B (the "Status Report"). The Status Reports will be provided to Utility on a regular basis in accordance with the timeframe listed for the specific Package. Utility's primary contact regarding the Services shall be as follows, or such other representative that Utility may appoint by written notice to Energy Trust: NamelTitle: Larry Giardina, Conservation Analyst and Inspector Phone: 541.552.2065 Fax: , Email: giardin@ashland.or.us ) " Release of Information: BPA requires that it receive a copy of the Status Reports provided by Energy Trust to Utility, and Utility hereby authorizes Energy Trust to release such information to BPA. Energy Trust shall submit copies, via electronic mail, to BPA as follows: Bonneville Power Administration Attn: Program Manager-Energy Efficiency P.O. Box 3621 Portland, Oregon 97208-3621 Phone: 503.230.3000 Email: etolalbpa.qov 1.4 Budget Expenditure Reporting, Once Energy Trust nears expenditure of approximately 75% of the not-to-exceed budget cap for a Package, it will notify Utility and the parties will determine whether (i) Energy Trust will begin winding down work under that Package, or (ii) this Agreement will be amended, pursuant to Section 8,1, to provide additional funding. 1.5 PTR Reporting. Utility will be responsible for entering data associated with the Packages into the Regional Technical Forum's Performance, Tracking, and Reporting database (the "PTR") in accordance with any BPA requirements, unless otherwise mutually agreed to by the parties and set forth in writing in accordance with Section 8,1. 2, Independent Status. Energy Trust hereby confirms that under the terms of this Agreement for the Services specified herein, Energy Trust is acting in the capacity of an independent contractor and not as an employee of Utility. Nothing in this Agreement shall be construed as creating relationships of employer and employee or principal and agent between the parties or between Utility's and Energy Trust's employees or subcontractors. Energy Trust's employees shall not be eligible to participate in Utility's employee benefits programs, including but not limited to, group insurance, retirement, vacation, and such pay benefits. As an independent 00951 2 contractor, Energy Trust assumes full responsibility for making all proper federal, state, and social security tax payments and shall file all returns and forms required in connection with compensation received in connection with this Agreement. Energy Trust also agrees to pay all costs required to be paid for its employees, including without iimitation, unemployment insurance premiums, workers' compensation insurance and similar obligations. 3. eonfidentialitv. 3.1. eonfidentiallnformation, The term "Confidential Information" means any information marked or designated by either party as confidential or proprietary, or, if discussed orally, identified as confidential or proprietary at the time of disclosure and subsequently confirmed in a writing that describes the information disciosed and identifies the person to whom it was disclosed. "Confidentiallnforma!ion" shall not include information that: (a) is, or becomes, publicly known, otherwise than through a wrongful act of a party; (b) is in the possession of a party prior to receipt from the other party without an obligation of confidentiality; (c) is independently developed by the other party, provided that it was not derived from the Confidential Information; (d) is furnished to others by the disclosing party without restrictions similar to those herein on the right of such others to use or disclose; or (e) is approved in writing by a party for disclosure. 3.2. Limitation on Use; Standard of eare. Neither party shall use or duplicate any Confidential Information of the other party for any other purpose other than for use under this Agreement. The receiving party will maintain the confidentiality of the Confidential Information of the disclosing party with at least the same degree of care that it uses to protect its own confidential and proprie~ary information, but no less than a reasonable degree of care. 3.3. Permitted Disclosure, Each party may provide access, on a need-to-know basis, to Confidential Information to such of its directors, officers, employees, contractors, representatives, advisors or agents ("Representatives") whose access is reasonably necessary for the purposes contemplated by this Agreement. Utility acknowledges that Energy Trust utilizes independent contractors for aspects of the delivery and management of Energy Trust's programs. Each recipient of Confidential Information shall be informed by the party disclosing said Confidential Information of its confidential nature, and shall be directed to treat such information confidentially and shall agree to nondisclosure termS consistent with this Agreement. The parties acknowledge and agree that each party may need to provide BPA with access to certain Utility customer information including addresses, measures, and names to enable BPA to meet its audit requirements. 3.4. Legally eompelled Disclosure. Subject to the provisions of this Section 3, neither party shall be in breach of this Agreement as a result of any disclosure of Confidential Information in compliance with any applicable law, reguiation, subpoena or court order. In the event that a party is requested or required, by subpoena, oral deposition, interrogatories, request for production of documents, administrative order or otherwise (including, without limitation by the Oregon Public Utilities Commission), to disclose any Confidential Information, that party shall provide the other party with prompt notice of any such request so that such other party may seek, at its expense, an appropriate protective order or waiver of compliance with the terms of this Agreement. If, in the absence of a protective order or waiver, a party is compelled, in the opinion of its counsel, to disclose any Confidential Information, that party may make such disclosure after notice to the other party. 00951 \ 3 3.5. Return of eonfidentiallnformation. Each party will, promptly upon the request of the other, deliver to that party any and all documents comprising the Confidential Information and will destroy any copies, notes, or extracts thereof. Notwithstanding the foregoing, neither party shall be required to destroy or alter any computer arch ivai and backup tapes or archival and backup files (collectiveiy, "Computer Tapes"), provided that such Computer Tapes shall be kept confidential in accordance with the terms of this Agreement. 4, Term and Termination. 4.1. Term, This Agreement shall be effective on the date of execution by the last ~t:> rx- signatory hereto and shall continue for a period of one year from the effective date ,~d ',;ill po l"'f J ~1.::JB.3G'iU\Jlltly CltJt8.......~tir.~lly fPnp\AI a.'::H~f:1 year VII HI.... BRFliv8FGEH)' eftR9 9ffecti\fQ data fGr- ~ ...aQsitieRBI u' '" year penoos, unless earlier terminated in accordance with Section 4,2 below (the "Term"). 4.2. Early Termination, Without limiting any other rights a party may have, the parties may terminate this Agreement as follows: 4.2.1. Energy Trust may terminate this Agreement upon fifteen (15) days advance written notice to Utility if the MOU between BPA and Energy Trust is terminated or suspended. 4.2.2. Either party may terminate this Agreement by providing written notice specifying the date of tenmination in the event of the continuing failure by the other party to perform any covenant contained in this Agreement if such failure is not excused or cured within' thirty (30) calendar days after written notice describing in reasonable detail the nature of the failure to perform. 4.2.3. Either party may terminate this Agreement by providing written notice specifying the date of termination in the event that the other party: (a) makes an assignment or any general arrangement for the benefit of creditors; (b) files a petition or otherwise commences, auth'orizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law, or has such petition filed against it and such proceeding is not dismissed within thirty (30) calendar days; (c) is unable to pay its debts as they become due; (d) discontinues business; or (e) otherwise becomes bankrupt or insolvent. 4.2.4. Energy Trust may terminate this Agreement upon thirty (30) 'days advance written notice to Utility if the grant agreement between Energy Trust and the Oregon Public Utility Commission is terminated. 4.2.5. Either party may terminate this Agreement for any reason upon thirty (30) days' advance written notice to the other. 4.3. Termination of a Package. Energy Trust may terminate or otherwise discontinue offering any specific Package at any time during the Term and for any'reason upon providing thirty (30) days advance written notice to Utility. 4.4. Effect of Termination. Upon receiving notice of termination, the_parties shall work cooperatively to efficiently wind-up work on the Services (or any Package terminated in accordance with Section 4,3 above). Energy Trust shall not proceed with any further work 00951 4 (other than limited wind-up activities) after such notice without specific written authorization from Utility. Notice of termination shail not affect Energy Trust's right to be otherwise paid for Services rendered prior to termination. Any Funds amounts paid to Energy Trust that were not applied to Services shall be refunded to Utility. 4.5 Survival of Terms. Upon termination or expiration of the Term of this Agreement, the rights and obligations of the parties under this Agreement will end, and neither party will have any claim, including claim for termination damages, against the other; provided however, that the following obligations wiil survive termination of this Agreement: Section 3 (Confidentiality); Section 7 (Limitation of Liability); Section 8 (Miscellaneous) and any other provisions which by their nature extend beyond the term of this Agreement. 5, Dispute Resolution. Prior to fiiing suit or initiating arbitration on any dispute which arises between the parties under or relating to this Agreement, the parties agree to attempt to resolve the dispute through good faith negotiation. Ail disputes arising under or relating to this Agreement which cannot be resolved through good faith negotiation shail be decided by arbitration. The arbitration shall be final and binding and shail be held in Portland, Oregon before a tribunal appointed by the Arbitration Service of Portland ("ASP"). The arbitration will be conducted according to ASP rules, provided, however, that, if the arbitration involves claims totaling less than $50,000, it shail be before a single arbitrator. This arbitration provision shail provide the exclusive means for dispute resolution (after good faith negotiation), provided, ho"{ever, that neither party shall be prohibited from proceeding in a court to obtain specific performance of this Agreement or provisionai relief auxiliary to arbitration. Notwithstanding the foregoing, the arbitration tribunal shail not be authorized to award any damages in violation of Section 7, nor shall either party seek any such damages in any other forum. 6. GoverninQ Law: Jurisdiction and Venue: eosts and Fees, Any disputes arising in connection with this Agreement will be governed by Oregon law, without reference to its , principles of conflicts of law. The jurisdiction and venue for all disputes that may arise under this Agreement shall be Multnomah County, Oregon. The prevailing party in any arbitration or litigation, including appeals that may arise under this Agreement shail be entitled to its costs, prevailing party fees, and reasonable attorney fees 7. Limitation of Liabilitv, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. Miscellaneous, 8.1 eomplete Agreement; Amendment. This Agreement constitutes the entire Agreement between the parties with respect to ail matters herein, nor does any party rely upon or regard as material, any representations or writing not incorporated herein and made a part hereof. This Agreement may not be amended or modified in any respect except by written instrument signed by the parties hereto. 8.2 Exhibits, The Exhibits referenced in this Agreement are a part of this Agreement as if fully set forth herein. In the event of any inconsistency between this Agreement and the Exhibits, this Agreement shail control. 00951 5 8.3 Severability, Any provisions of this Agreement prohibited or rendered unenforceabie by any law shall be ineffective only to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement. 8.3 Publicity, Utility will not use Energy Trust's name or any description of the Services provided hereunder in any advertising, marketing materials or other public announcements without EnergYTrust's prior written consent, which Energy Trust may withhold in its discretion at any time. 8.4 Force Majeure, Neither party will be deemed liable or to be in default for any delay or failure in performance under this Agreement or other interruption deemed to result, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, or any other similar cause beyond ,its reasonable control. 8.5 Assignment. This Agreement shall inure to the successors and permitted assigns of the parties. Neither party shall assign its lights and obligations hereunder without the prior written consent of the other party, which consent shall not be withheld unreasonably. 8.6 eounterparts. This Agreement may be executed counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. 8.7 Interpretation. The headings in this Agreement are for reference only and shall not affect the meaning, construction, or interpretation of this Agreement. This Agreement is the result of negotiations between the parties and shall be deemed to be the product of each party hereto, and there shall be no presumption that an ambiguity'should be construed in favor of or against Energy Trust or Utility solely as a result of such party's actual or alleged role in the drafting of this Agreement. 8.8 No Third Party Beneficiaries. This Agreement is made and entered into for the sole purpose and legal benefit of the parties, and no other person shall be a direct or indirect legal beneficiary of, or have any direct or indirect cause of action or claim in connection with, this Agreement. 8.9 Non-Waiver. The failure or refusal of either party to enjoin any breach or violation of any provision of this Agreement will not be a waiver of, consent to, or excuse for any other, different or subsequent breach or vioiation. 9. Notices, Notices required by this Agreement will be deemed effective (i) if delivered personally, on receipt, (ii) if mailed, three days after being mailed by U.S. certified mail, return receipt requested, and (Iii) if sent by facsimile, on generation by the transmitting machine of a confirmation of both successful transmission and receipt, or (iv) if emailed, on confirmation of both successful transmission and receipt. Notices under the Agreement will be given to the , persons at the contact information listed below or to such other persons or contact information as may be designated by a party by notice pursuant to this provision. , If to Energy Trust: Energy Trust of Oregon 851 SW 6th Ave., Suite 1200 Portland, OR 97206 Attn: Contracts Manager 00951 6 Phone: 503.445-7606 Fax: 503.546.6864 Email: tara.crookshank@energytrust.org If to Utility: City of Ashland Attn: Director, Electric Utilities 90 N. Mountain Avenue Ashland, OR 97520 Phone: 541.488.5357 Fax: 541.488;5320 Email: wandersd@ashiand.or.us 10, Authoritv. Each of the individuals signing this Agreement represents and warrants that he or she has been properly authorized by the party for whom the individual is signing this Agreement to enter into this Agreement. EXECUTED IN DUPLICATE on the dates indicated below: UTILITY ~ J..- ~ By: Name: Lee Tuneberg 'Title: Finance Director Date: ~ ENERGY TRUST By: ~L~ Name: Margie arris Title: Executive Director Date: ~ 5-5-01 ,CA1{ ~ 00951 7 ~/(?'l' 5'/f5/bc; I . Exhibit A: Services Package 1 - 2009 Hospitality Initiative/COMMERCIAU Existing Buildings Program 00951 8 Hospitality Initiative A. Initiative Overview: The Hospitality Initiative offers a comprehensive prescriptive package of measures (each measure with a deemed energy savings amount) to address energy saving opportunities in certain lodging and foodservice establishments. The Hospitality Initiative will be implemented by Energy Trust of Oregon, Inc. through its commercial retrofit program, the "Existing Buildings" program. The Hospitality Initiative leverages Energy Trust's current program activity in the hospitality market and will be an evolving effort. Energy Trust will provide all program services for the Hospitality Initiative including marketing, project processing, incentive payment and evaluation services. B. Effective Dates: Utilities desiring to participate in the Hospitality Initiative must sign a Services Agreement with Energy Trust no later than April 30, 2009. The Hospitality Initiative will end September 30, 2009, unless an ex1ension is mutually agreed to by Energy Trust and the participating utility via an amendment to the Services Agreement. C. EIiQible Utilities: Energy Trust has been approved as a Qualifying Contribution Entity by Bonneville Power Administration (BPA) and is currently Offering the Hospitality Initiative to certain consumer-owned utilities in Oregon. In order to participate, an eligible utility must execute a Services Agreement with Energy Trust. Utilities using BPA conservation funding must consult with BPA and refer to BPA's Implementation Manual to determine any funding sources it may use. D. EIiQible End-Use Participants: Hospitality Initiative measures may be implemented in any lodging or foodservice establishment including, but not limited to, cafeterias, restaurants, caterers, convention centers, churches, coffee shops, pre-prep kitchens, schools, prisons, retirement centers, motels, hotels and dorms. Grocery and convenience stores are excluded from the Hospitality Initiative at this time. End-use participants must be served by a participating utility to be eligible. E, Measures. Incentives and SavinQs Descriptions: See Incentives-Lodging and Foodservice Equipment (Form 194F, click here) for a list of currently available prescriptive measures, equipment specifications and incentives for the Hospitality Initiative. Energy Trust may make changes to the available measures, incentive levels and savings listed on Form 194F in response to market conditions, evaluations, customer feedback and the like. The most current version of the Form 194F will be posted on Energy Trust's website at www.eneravtrust.ora. F. ProQram Services Provided: " . Marketing and Outre~ch: Energy Trust provides outreach and marketing through its Existing Buildings program to end-use participants, equipment dealers, distributors, manufacturers, trade organization and trade allies. The Hospitality Initiative will utilize Energy Trust's general outreach and marketing approaches such as direct mail, ftyers, website, bill stuffers, news releases, case studies, photography, video, trade shows, trainings and conferences. participating utilities are encouraged, but are not required, to work with Energy ,Trust on outreach activities such as direct mail, bill inserts and customer meetings. · Incentive Processing: Applications for incentives under the Hospitality Initiative must be submitted by participants to Energy Trust within 90 days of equipment purchase and 00951 9 installation. Pre- and post-inspections are required for each project site receiving a total more than $5,000 in incentives. Inspections for projects receiving $5,000 or less ~ill be done at the discretion of Energy Trust. . Documentation Requirements: Project documentation (e.g. incentive application forms and accompanying documentation such as invoices, equipment specifications, and completion certification and project approval checklists) will match that used generally by Energy Trust's Existing Buildings program. . Evaluations: Energy Trust will perform evaluations of projects completed in lodging and foodservice establishments as part of its evaluations of Energy Trust's Existing Buildings program as a whole. There is no guarantee that projects completed in any specific service territories will be included; a representative sample will be used. Energy Trust will collaborate with BPA and participating utilities during these evaluations as appropriate, and will make the resuits available to the public, including BPA and the participating utilities. G. EstablishinCl a BudClet and SavinCls Goal: Energy Trust will work with each 'participating utility to establish a budget and a savings goai using estimates of the number of eligible lodging and foodservice establishments located In the Utility's service territory. The budget will include all costs for Energy Trust's delivery of the Hospitality Initiative program services, and will consist of the following three cost elements: (1) incentives, (2) program delivery and marketing, and (3) management and general. The established budget amount must be paid by participating utilities up-front and will then be drawn down by Energy Trust. Following a true-up to actual costs at the end of the Hospitality Initiative performance period, any remaining funds will either be returned or carried forward as agreed to by Energy Trust and the participating utility. H, Interim PricinCl and ReportinCl Formula: Based on Energy Trust's 2009 electric budget for the Existing Buildings program, Energy Trust has established the following cost splits for the. Hospitality Initiative: Incentives 57% Program delivery + marketing 36% , Management + general 7% Incentives for Hospitality Initiative measures installed in a participating utility's service territory will be billed at the amount paid to the participant. The total billed monthly incentive amount will then be marked up by Energy Trust by the cost-split percentages for program delivery and marketing and management and general costs to determine the final total amount that will be billed monthly against the budget. For example: Total Incentives Paid $250 (57%) Program delivery + marketing $158 (36%) (.63 x $250) Management + general $30 (7%) (.12 x $250) Total Amount Billed to Utility Against the Budget $438 I. Measures and SavinCls Reportinq: Hospitality Initiative participating utilities will receive a monthlv "Status Report" (as described in Services Agreement) from Energy Trust detailing 00951 10 measure installs and the interim priced amount (incentives, program delivery/marketing and management/general). The participating utility will be responsible for all PTR entry in accordance with BPA's requirements. BPA has indicated to Energy Trust that it will require a participating utility to enter the results (i.e. total incentives paid and total kWh saved) in a single PTR entry at the end of the Hospitality Initiative; however, this may be subject to change and it is the participating utility's responsibility to verify PTR requirements with BPA. 00951 11 Exhibit B: Pricing and Budget PackaQe 1: 2009 Hospitality Initiative 1, Budqet: The Funds for this Package shall be applied by Energy Trust toward the performance of the Package up to the following Not-to-Exceed BudQet cap: $4.744. This budget amount includes the following three cost elements: (1) incentives, (2) program delivery and marketing, and (3) management and general. 2. Interim Pricinq and Reportinq Formula: Each month, Energy Trust shall calculate the total amount of the Funds to be applied by Energy Trust towards the established budget cap, by applying the following allocation formula to the total amount of the incentives paid during the preceding month as follows: Total incentives paid multiplied by 0.63 (for program delivery and marketing costs) plus Total incentives paid multiplied by 0.12 (for management and general costs) equals Amount Energy Trust will reduce the Funds by. The calculated amount shall be deducted from the Funds and shall be identified in the Status Report. 3, True-Up to Actual Costs; Refund or Carrv-Over: Upon the expiration or termination of the Package, Energy Trust shall, within thirty (30) days from the end of the quarter during which such expiration or termination occurs, calculate the actual costs of the Services provided by the three cost eiements: (1) incentives, (2) program delivery and marketing, and (3) management and general. Energy Trust will, at such time, provide Utility with a final report showing the actual Funds amount deducted by Energy Trust. Following the true-up to actual costs, any portion' of the Funds paid to Energy Trust that were not applied to the Services shall either be refunded to Utility, or if the parties agree, unspent amounts may be carried forward to be applied towards future Services. 00951 12 Page 1/1 ~.. ._~ ASHLAND CITY RECOI 1Et: i}~~';ta ~~~::r:i:f801NlJMBERlb~.il 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 5/4/2009 08916 VENDOR: 014154 ENERGY TRUST OF OREGON, ACCOUNTS RECE 851 SW 6TH AVENUE SUITE 1200 PORTLAND, OR 97206 SHIP TO: Ashland Electric Department (541) 488-5354 90 N MOUNTAIN ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dopt.: ELECTRIC Contact: Dick Wanderscheid Confirming? No r':"Quahti-t}/j"_',' 1'".i.JritC-', . ~. --..':. .. ^, :. Des.criptioii,~ :. .' ., r. ;,.,._ -,. rr'~ ~l',:__(J;i1f:p.Hce'1:S.-.~ ~~ "}' .f=ii>"Rrice, . _~-~.._~ kl:... ~ ',"' "-<..-, " , Enerpy Trust of Orepon 4,744.00 Hospitality Initiative - Budpet amount $4,744 Provide auditinp and fundinp for enerpy efficiency in motels, hotels, and restaurants (100% reimbursed by BPA) . Completion date: October 31 , 2009 I - SUBTOTAL 4744.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 4,744.00 ASHLAND, OR 97520 <L:~,AccoJ~!lt1N umber2-:'~'~! . .,rp'rOjeCi~ Num B'"err::-~~ :.:~ ::., ,Ani-ouWt::.. " Acco_urit:NJm_bftf.~'.~~ ~:' , ',.. 1 F?,rojEfc(Numoer JIo' ..L.r: ;:;, ~-'. "/A-mounC -~..~ -, E 690.1 1 .06.00,61 01 1 4 744.00 - ~ ,). -~si:1j! VENDOR COPY I .FORM #10 I CONTRACT APPROVAL REQUEST FORM (<2-rJ W: (/ g3--1 ( 6 Contractor/consultant: .'~ "'F-7./J V /7) ~ ~h. ~ 1/- ,,,;7 r.u.~ )"- CJ(j , (Y'~CL1" ~~ $ ~ CV~-t"c.-o/"'a.LL-~ ~,-"g::'"....1f"V""-' ~ Per attached contract PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process CITY OF ASHLAND Total Amount ~74-<? ~ _.j D Exempt from Comoetitive Biddina D Invitation to Bid (Copies on lile) D Emeraencv Reason for exemption: D Wolfen findings allached fi D Quale or Proposal allached ~ Small Procurement & Personal Services D Reauest for Proposal (Copies on lile) Coooerative Procurement Less than $5,000 Please check one: D Slate 01 Oregon Nole: Total contract amount, including any D Goods & Services Contract # amendments may not exceed $6,000 D Personal Services D State 01 Washington Intermediate Procurement D Sole Source Contract # GOODS & SERViCES D Wollen lindings allached D Other government agency contract $5.000 to $75,000 D Quote or Proposal allached Agency D {31 Wollen Quotes Contract # PERSONAL SERVICES D Soecial Procurement D Interagency Contract $5,000 to $50,000 D Wrillen lindings allached Agency D (3) Wollen Proposals D Quote or Proposal allached Contract # , Have all public contracting requirements been satisfied? YES /" NO Have funds been budgeted for the purpose of this contract? If "NO", City Council approval is required. City Council approval was received on /' (Date) YES NO If "NO", City Council approval is required. City Council approval was received on Please provide: Account Numbe~-f t!- ,~(_ ~ Ii _~~ _ -~ ~ <!. -: ~ ~ (Date) Is the amount of the contract less than $25,000? YES / NO If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on 5'- !j ,- 09 (Date) 1<.f1 Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES / NO If :'NO", City Council approval is required., City Council approval was received on (Date) Is thecontractfora period of 24-months or less? 7<r:tnr~,"' ;,/1.YES V NO GC.' '<.L,4) /,,,...~,,,~ a.Pvr",,,,?"-b"-'" -"')<2,-,,-~~ a...u ~a..>-c~-,:,:/} N~~f',,-'f!-4-&-'#~ d'::/<.L'I"'Ld...l"-tVu2-'l1'-xltilh"r1/ -/-." (!J4l. 4-4t^u...Li'_~-!,I;t:..Jl> ~cL~ S'C.-e-p'f. 9--a ~q If "NO", City Council approval is required. City Council approval was received on / (Date) / /_ ~q 4O~.A/ Please provide terms: Start date: v,-,&.--tV Completion date: c tf?. '9 t' - t9'/ V~ ~e.; c.L-~ Can the contract be terminated for convenience thirty (30) or fewer days following delivery of written notice to the contractor? YES / NO II "NO", City Council approval is required. City Council approval was received on /l /J PleC""" ~ Prepared by: 'A,/Y / ' ~ /:J- Approved.--/ I Not Approved '~~ Lee Tuneberg / Date: S~Jf? (Date) Date: ~ ~ -t:/ c/ -CJ1 / Form #10 - Contract Approval Request Form, Page 1 of 1; 5/5/2009 Department: A requesf for a Purchase Order REQUISITION FORM CITY OF ASHLAND THIS REQUEST IS A: o Change Order(existing PO # Date of Request: 15"4/0 'II Required Date of Delivery/Service: 15~ ~ 7 I Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name elle"'J 71'4.,-(;...f' o"Z.",v f? '5'" ~ cd ~ t:!f A ~ - 5tH:6. 1;2.00 PNtJ 61'2, n:lIJ(,. ~D~ -'if,-r- 7C.Of- ~b'}- ?'t" flS",! SOLICITATION PROCESS Small Procurement D Sole Source D Invitation to Bid ~ Less than $5,000 D Written tindings attached (Copies on file) D Quotes (Optional) D Quote or Proposal attached Coooerative Procurement D Request for Proposal' D State of ORIWA contract (Copies on file) Intermediate Procurement D Other govemment agency contract D Special/ Exempt D (3) Written Quotes D Copy of contract attached D Written findings attached . (Copies attached) D Quale or prooosal attached D Contract # D Emerqencv D Written findings attached D Quote or Proposal attached Description of SERVICES f(()o~k 4~cO -F~ -fl't- ~~ tE'.;:,t:l"f1I1 lNt.. ,.,~ I{.#-~ g f2,."r-.,,2& ....... l't.,tJJ...I (IO~ '70 &to+r-~c.(,ruf br) '$ D Per attached PROPOSAL p. Total Cost _'.i Item # Quantity Unit Description of MATERIALS Unit Price Total Cost , '~,TO"'Ai'c6s'F.; D Per attached QUOTE i - -- .. '..,.,. \ , j!, , . ~ ( Project Number ~~~~~~ - ~~~ $. . ,_... ~ .~ _..L~ '. '~I - ~.-.-----;.,~ Account Number~, 1L ' (k-(2Q' ~1f21l () 'Items and setvices must be charged to the appropriate account numbers for the financials to retiect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracling requirements, and the documentation can be provided upon request. ' d.A'~.L ~ _ / / Employee Signature: Supervisor/Dept. Head Signature:/ ~l G: Finance\ProcedureIAP\Forms\8_Requisition form revised.doc Updated on: 5/412009