HomeMy WebLinkAbout2009-193 Agrmt - Associated Business Systems
Associated
Portland - Salem - Eugene - Roseburg
Seattle - Tacoma - Klamath Falls
Grants Pass - Medford - Bend - Spokane
rev9/07
Customer PO #
MAINTENANCE AGREEMENT
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City: Stale: Zip:
Phone:
Fax:
Customer Contact:
Email Address:
ASS Customer #
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City of Ashland Police Department
Customer Name:
llSS East main Street
Street Address:
Ashland
OR
97520
City:
Stale:
Zip:
S41-482-5211
541-488-S3S1
Phone;
Fax:
Gail Rosenberg
Customer Contact:
rosenbeq@ashland.or.us
Email Address:
malnrenance Agreemenr <<,;overage:
For an annual, quarterly or monthly base charge plus overage charge, if any, ASS' factory trained personnel will render service on the below listed equipment
during regular business hours in accordance with the terms and conditions set forth on the front and reverse side of this Agreement.
2
. MODEL SERIAL NUMBER Service ID Start Meter Image Base Charge Overage Charge
Allowance (Per Image)
.~
Ricoh SP C420DN ~ 0 $ - $ 0.01640
Cofor Meter Allowance ZB 0 $ - $ 0.08200
Comments:
1.) Maintenance rates are per OETC Contract #062007 for non-members.
2.)
Overage Billing in Anears
SelfJCt One Option
Base Charge and Overage Billing Cycle: Agreement Term: Consumables Coverage:
3
SelfJCt ~ that Appiy
c;- BLACK Toner Inclusive Coverage
r BLACKToner OON - Inclusive Coverage
Base Biliing - Select One OptIOn
r Quarterly Base SWing
r Monthly Base Billing
r Annual Base Billing
(;' Other No Base
(" Quarter~
r. M,"lh~
r Other
Term- Select One Option
r 60 ~nths
(" 48 Months
r 39 rvbnths
36 Month
(:" Other
r.
Customer Agrees to pay an additional $19.95 per month per machine for initial Network Install and r.
unlimited IT Service Labor. IT Service Labor covers on-site and phone support for the equipment
covered under this Agreement. IT Service labor and Network Installs are conducted in accordance with
the Tenns and Conditions set forth in this Agreement and stated herein and on the reverse side hereof.
Customer agrees to pay $39.95 per month for Customer agrees to pay for automated meter
@Remoteâ„¢automaticmetercollectionservices. Up co ecion services per device. $0.99 per device
to 100 device meters collected at no additional fee. will be charged per billilng cycle. Agreed total
number of device meters to be
collected: Agreed total fee:
<1 This Maintenance Agreement is non-refundable, non-transferable and non-cancelable. a .
This Agreement shall not be effective unless signed by customer ~~~ - tfL V
and Associated Business System's Contract Management. Customer A~ce~ce: V
Kenne Horton
ABS Sales Representative
Medford
Branch
Accepted By ABS Contract Management
Date
"/Jon!;! 503-2<1~-480D /80D-c.57.<1807 (-"ax 503.2<l~-1015 { 1377-505.0280
www.8ssociatedbusiness.com
COLOR Toner Inclusive Coverage
COLOR Toner NON -Inclusive Cove'rage
Drum Inclusive Coverage
NON - D"um Inclusive Coverage
Sign
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#1( 'Ot?~e M
Printed ame
I have reed end underslend our obligations under th" terms and condjll onsstaled herein and on the
reversesldahereol, es lhe only egreemenl peflaininglolheaquipment hereundo,. Noo1he, Agreements
epplyunl""sexpresslynotedonthefaceollhisAgr.emento'inothe'cont,act'spedfied
MAINTENANCE AGREEMENT
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Terms <1n(~ Ce ldition:;
20. FORCE MAJEURE: ABS sball not be liable to Customer for any failure or delay caused by
9. CHARCES: The initial non-refundable cbarge for maintenance under tbis Agreement shall events beyond ADS' control. including, witbout limitation, Customer's failure to furnish necessary
be the amount set forth on Ihe reverse side of this Agreement. ABS reserves the right to increase information: s.abotage; failure or delays in transportation or communication; boycorts;
embargoes;
the Base ~harge and Overage Charge of this agreemcnt up<ln renewal or annually for a multi-year failures or substitutions of equipment; labor dispules; accidents; shortages of labor,
fuel, raw
agreement. Customer shall pay all charges within 10 days of invoicing. If a collection mailer materials, machinery, or cquipment; technical failures; fire; storm: 1100d; cllrthquake;
cxplosion; acts
-oceurs,-cuslOmer'lIgrees-to-pay court. costs-and any' reasonable. attorneys fees.-Interesl-will be-of the public enemy; war: insurTecrion; riot: public disorder; epidemic: quarantine
restrictions; acts of.__
charged at I 'h % per month after thirty (30) days on any unpaid balance. ASS reserves the right God: acts ufany government or any quasi-governmcntal authority. inslrume-ntally or agency.
10 withhold service or cancel this Agreement if a customcr's account is over sixty (60) days
delinquent. If equipment is moved to a new ASS service telTilOry. ABS shall have the option to
charge. and the Customer agrecs to pay the difference in published main tenancechargesberwccn
theeurrcnlterrilOry and the new territory {on a pro-rate basis). Ifequipmenl is moved beyond
ADS's service territory, ADS reserves the righr to cancel or the Customer agrees to pay a fair llIld
reasonable up-charge for continued service. taking into account the distance 10 Customer's new
location and the published rates of ASS for service on a "Per Calln basis. ASS reserves the right
to charge for shipping, freight, handling and ruel. ASS reserves the right to charge for SCilflS
annually at a rute of $0,0025 per scan.
I. GENERAL SCOPE OF COVERACE: This Agreement coven for adjustments, repair and
rcplacemenls of parts as required by normal use of the equipment. subjeetlo the e~ceptions in and
in aeeordance with these terms and conditions. This Agreement does not cover charges for
installation of equipment or de_installation of equipment if it is moved. Damage to the equipment
or its pans arising out of or caused by misuse, abuse, negligence. anaehment of unauthorized
tomponents, ateessories or parts, use of substandard paper or substandard supplies or other
causes beyond the control of ASS are not covered by this Agr~ment and may subject Customer
to a surcharge or to cancellation of this Agreemenl. In addition, ASS may tenninate the
Agrecment if the equipment is modified, damaged, altered or serviced by personnel other thllll the
ABS Authorized Personnel, or if parts, acccssories or components not meeling machine
specificalions are fined to the equipment. This Agreement does not cover charges for repairs to
print controllers or repairs due to Customer or third party modificatio ns to software or hardware.
2. SERVICE CALLS: Service calls under Ihis Agreemcnt will be made during normal business
hours, 8 a.m. 10 5 p.m. Monday through friday. at the installation address shown on the reverse
side of this Agreement. Travel and labor time for service calls after normal business hours, on
weekends and on holidays. if and when avai]able, will be charged at the published overtime rates
in effect at the time the service call is made. ASS Representatives will not handle, diseunnect or
repair unauthorized attachments or components: CUSlomer is responsible for disconne<.:ting and
reconnecting unauthorized attachments or components. CuslOmer hereby indemnifies and holds
ASS and irs Reprcsentatives harmless for claims for damages to any unauthorized parts,
componenls or acccssories resulting from service performed on ASS equipment. labor perfonTlcd
during a service call includes lubrication and cleaning of the equipment and the adjustmenl,rep air
or replaeemenl ofparn described below,
3. UNU'.UTED I. T. SERVtCE LABOR: IF nns OPTIO:olAl. SERVICE HAS BEE:ol UUCTED A....D
PAID rOR BY THE CUSTOMER IT INCLUDES; All network labor directly related to the equipmenl
listed on this agreement. "I.T. Services labor" shall be dcfined as the following relating to
Scanning, Printing, or other networked functions of the equipment: Basic initial network
installation (if not included in purchasellease of equipmcnt listed above). installing/updating
drivcrs, adding new workstations for networked functions. re.installing network connections if
customcr'snetwork fails, trouhleshoolingas it relates to errors caused by the equipmenl {not The
cuslomer's network). Services will only be enlisted after an ASS equipment technician
detcrmines thai a network issue, not the machine itself, causes the error. Any services performed
outside of the limits of the definitions above (ex: network consulting not related to the equipmenl
above) will be chargeable to the eustomcr at a rate of $99/hour, This Optionall.T. Service is
only available for Agreements with a term thai is 36 months or greater.
4, REPAIR AND REPLACEMENT or PARTS: All parts necessary to the operation of Ihe
equipment, due to normal wear and tear, with the cxception of the parts listed below and subjeel
to the geoeral scope of coverage, will be fumished free of charge dur inga service call included in
the maintenance service provided by this Agreement. Exceptions are Photoconductors (i.e. copy
drums unless the copier or fax is covered by a Full Coverage Maintenanee Agreement) unless
olhelWise stated in this Agrecment. ASS reserves the right 10 charge for parts, freight, handling
andfue!.
5. RECONDmOfOING; Rebuilding or major overhauls arc nOI eovered by this Agreement. In
addition, when in its sole discretion ASS determines that a reconditioning is necessary, as a resulr
of expected wear and tear of materials and age factors caused by nonnal office environment
usage. in order to keep the equipment in working condition, ASS will submit to the Customer an
estimate of needed repairs and.thcir COSI which will be in addition 10 the charge payable under
this Agreement. If the Customer does not authorize such reconditioning; ASS may diseontinue
service of the equipment under this Agreement (refunding the unused portion of the maintenance
charge) or may refuse to renew this Agreement upon ils expiration. Thereafter, rhe ASS
Representative may make service available on a "Per Call" basis based upon published rates in
cffect 11.1 the time ofservice.
6. USE OF ADS SUPPLIES: If the Customer uses other than ABS supplies and if such supplies
are defeclive or unacceptable for uses in ASS machines llnd cause abnormally frequent service
calls or scrvice problems, then ASS may, at its option, assess a sureharge or terminate this
A~eemeot. In lhis event, the Customer may be offered se-rviee on a "Per Call" basis bas<:d upon
published rates. II is not a condition of Ihis Agreement, however, that the Customer us<: only ASS
authorized supplies.
7. SIlPPLY Il'iCLUSIVE CONTRAC'nl: If ~upplie~ are included in the service provided under this
Agreement, ASS will supply black toner. ink and developer, unless otherwise stated in this
Agreement to the Costomer based upon normal yields. The Agreement does not include
consumllble supply items such as paper llIld staples. All nonnal print yields arc predieated on an
M8 y, x II" shecr with 5~.text coverage. If the Customer's usage ofsuppliC1> exceeds the normal
yields for the equipment being serviced, ASS will invoice and the Customer agrees to pay, for the
exccss supplies al ABS' current retail prices then in effect. ASS reserves the right to charge for
supplics. freight. hllndlingandfucl. .
8. ELECTRICAL: In order to insure optimum performance by the ABS equipment. it is
mandatory that specific models be plugged inlo a dc:dicutcd lillC .InU they mUSI comply with
manufacturer electri<.:al specifications. These power standards are rcquired by Ul and/or local
safetyrcgulations.
10. TERM: This Agreement becomes effective upon the date indicated in the "Agreement Start
Date" space thereon, and shall continue for the period as specified on the faee of this Agreement.
Unless Customer furnishes ABS with thirty (30) days advan<.:e written notif!lo:ltion of their desire to
eancellhis Agreemenl it will automatically renewed for a period of one year once rhe specified Tenn
has been exceeded .,
II. EVENT 0' DEFAULT AND TERJ~'1lNAT10N: The occurrcnee of the following shall conslitute an
Event of Default: The customer fails to pay any portion of the charges fot maintenance of pans. as
provided under the Agreement when due. or Customcr fails 10 duly perform any covenant, condition
of limitation of this Agreement. Upon the Event of Dcfault, ASS may: (il refuse to service the
cquipmcnt; (ii) furnish service on C.O.D. "Per Call" basis based upon published rates in effect at the
lime of service; (iii) tenninate Ihis Agreement. Within 60 days of the cxpiration or termination of this
Agreement, ASS shall submit to Customer an itcmizcd invoice for Bny fees of e~penses. including
any Per Call fees, theretofore accrucd under this Agreemcnt. Except as othclWise provided herein.
Customer, upon plyment of accrued amount so invoiced, shallthercaflcr have no further liabilil)' or
obligation to ABS whatsoever for any further fees or expenses arising hercunder. In Ihe event ABS
terminates the Agreement because of The breach of Customer, ASS shall be entitled to payment for
work in progress plus reimbursements for out of pocket expenscs.
]2. '. Il'iDL~NITY: Customer shall indemnify, save and hold ASS. it's affiliates. officers. directors.
shareholdcrs, employees. agents and representatives and their successors and a5'igns them (ABS
Parties) harmless from and againstllllY liability, loss, cost. expense or damage whatsoever caused by
reason of any breach of this Agreement by Custome-r or by reason of any injury whether to body,
property. business. chafllcter or rcputation sustainedbyABS Parties or to any other person by reason
of any aet, neglect, omission or default by Customer. Customer shall defend any action to which this
indemnity shall apply. In the event Customer fails to defend such action ASS may do so and recover
from Cusromcr in addition, all costs and expenses including attorney's fees in connection Therewith.
ASS shall be entitled to recover from Customer all cosrs and expenses, including. without limitation.
attorney's fees and disbursements, ineurred by ASS in connection with actions taken by ASS or it's
representatives (I) to enforce any provision of this Agreement; (lIJ to affect any payments or
collections provided for herein; (III) to institute, maintain, preserve, enforce and foreclose on ASS'
securityintercst in or lien on the goods,whctherthroughjudicial proceedings or ot hcrwise: or (IV) to
defend or prosecute any proceedings arising out of or relating 10 any ABS transactions with
Customer. The foregoing provisions of this Paragraph II shall survive the tennination or expiration
of this Agreemcnt.
13. FULL ACRI:EMEfOT: This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter hereof and superccdes all prior agreements, understandings,
negotiations and discussions, whether oral or written, of the parties, and may not he added to.
modified. supplemented or waived in any way except in writing signed by both parties (other than
pricing changes provided for herein).
14. SUCCESSORS AND ASSIGNS; TER.~INAT10N: This Agreement shall be binding on the parties
hereto, their heirs, successors, and assigns. However, Customer may not assign this Agreement
withoullheeonsenlofABS.
15. SEPARABIUTY 0' PROVISIONS: Each provision of Ihis Agreement shall be <.:onsidered
sep8l1lble,and,ifforanyrellson any provision that is not essential to the effeclUation of the hasic
purposes of this Agreement is determined to be invalid and contrary to any existing or fulUre law,
such invalidity shall not impair the operation of or affect Ihose-provis ions of this Agreement thai are
valid.
16. COlJ""TERPARTS AND FACSIMlLE SIGNATURES: This Agreement may be e:<ecuted in several
counterparn, each of which shall be deemed to be an original and all of which together shall
constitute one Agree-ment binding on all parties hereto, notwithstanding that all the parties have not
signed the same counterpart. A faxed signature of this Agieement bearing authorized signalUrcs may
bc treated as an original.
17. WAIVER OF JURY TRIAL: ALL PARTIES HERETO HEREBY IRREVOCABLY
WAIVE (a) THE RIGHT TO TRIAL SY JURY; AND (b) THE RIGHT TO INTERPOSE ANY
AND ALL COUNTERCLAIMS IN ANY ACTION, PROCEEDING OR CLAIM ARISING OUT
OF OR PERTAINING TO THIS AGREEMENT.
18. JURISDICTION: All parties hereby consent and voluntarily submit to personal jurisdiction in
the State of Oregon and in the coorts in such State located in Washingto n County in any proceeding
arising out of or relating to this Agreement.
19. Hold Hannless: In no event shall ASS be liable fOf any dama~s whatsoever, including
withoul limitation, special. incidental. consequenlial. or ind ircetdamagcs for personal injory. loss of
business profits. businc-ss intC1T1lption, loss of business inforotation arising oul of or inability to use
this product. ADS is not liable for any elaim made by a third party or made by you for a third party.
The Customer acknowledges that lhe service coverage is such that the cquipment may continue to
provide copies bUI not function as a printer. The Customer shall be liable for these types of repairs
unless covered by a network conncctivity maintenance agreement. Specifically, this Agreement is
applicable 10 prinr volume only services and cxcludes help desk sopport. network support, software
applicalion support and any other connectivity support services.
21. :"i0 WARRA:"iTI': ABS DISCLAl\.tS All WARRA~TIES, EXPRESSED OR IMPLIED.
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL
COMPATABlLITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER AGREES THAT ASS IS NOT RESPONSIBLE FOR DIRECT. INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING. SUT NOT LIMITED TO, THE lOSS OF USE OF
THE EQUIPMENT. .
22. INSVRArlCE: Customer shall obtain and maintain. at it's own expen~e, insu~nce relating to
claims fot injury and/or property damage (including commercial general liability insurance) based on
it,useoflhee-<1uirmcnr,gornhllndmachinery.
CITY RECORDER
Page 1/1
~..
._~
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
~_f :h~~' ~:'laDA TE:-:"':;:":,::"lc!~ ,,-,J,1RbjNUMBER~',~_:
8/19/2009 09171
VENDOR: 011717
ASSOCIATED BUSINESS SYSTEMS, AMERICANC
7440 SW BONITA RD
PORTLAND, OR 97224
SHIP TO: City of Ashland - Police Depl.
1155 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Gail Rosenberq
Confirming? No
~;]lQu~ntitY!~~ U~LiniF:: Q~~[~~JD:."';t~[;tIE:,,:;}~;.)~:~~~~,~t;;t~~Des~ifiiior{~~:.'~~t~_;"i,i.'}t3.;:;.. ::.".;,.,;.~ C~'-~J~~1 [j n-it ;P.Hce_\~':1 ~;.;.":-i<:fi=, .-{-- ','..:
::>;--- 1
,",~~.,.__;'Ext. ,8nce~.~~....l
Ricoh SP C420DN, Copier Maintenance, 600.00
BlacklWhite @ $0.01640, Color @
$0.08200 - 36 Month Rental Agreement
,
SUBTOTAL 600.00
31LL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 600.00
ASHLAND, OR 97520
~~~~A"'.<c"c})uni1NumherS~Ittfdl '~~~RroJectrj.iumoer;~;~~1j '~~~::_~~;~_iAmouiiitj'::::::B\ ~~J~cc()unt)Ntirm)er;~'n; [L:WP.rcUectjNu'mbe'r~~m&ri ~~~1JAmoumrf~.~
E 110.06.1 1.00.601 10 600.00
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'-./ Authorized Si nature VENDOR COPY
9
A request for a Purchase Order
REqUIS'lTION FORM
CITY OF
ASHLAND
Date of Req uest:
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THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
;"'all Procurement 0 Sole Source 0 Invitation to Bid
l1' Less than $5,000 0 Wrillen findings attached (Copies on file)
Q Quotes (Optional) o Quote or Prooosal attached
Coooerative Procurement 0 Reauest for Prooosal
o State of ORIWA contract (Copies on file)
Intermediate Procurement o Other government agency contract 0 Soeciall Exemot
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies attached) 0 Quote or Proposal attached
0 Conlract # 0 Emeraencv
0 Written findings attached
0 Quote or Proposal attached
Description of SERVICES
~ .. fl / --0 /' i/Jt~(!/hu.. f-IUffc SP (/-1.20 DIU
fjp, t)!(P~O
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D Per attached PROPOSAL
Total Cost
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Item #
Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______. ___
, jtOT'At'i(fost:"I~1
~'$!":'.~:~:.t;;~~~~
D Per attached QUOTE
Account Number/IOttl-iL .t(}.fpji/JO
. Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accuratety,
Employee Signature:
Supervisor/Dept. Head Signature:
G: Finance\Procedure\AP\Fonns\8_Requisition form revised.doc
Updated on: 8/13/2009
FORM #10 I
CONTRACT APPROVAL REQUEST FORM
CITY OF
ASHLAND
Contractor/Consultant:
75l-~ L.~<-L<i'-
~er attached contract
PUBLIC CONTRACTING RE
D Exe'mot from Competitive Biddina
Reason for exemption:
, Total Amount
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C Small Procurement & Personal Services
Less than $5,000
Note: Total contract amount, including any
amendments may not exceed $6,000
Intermediate Procurement
GOODS & SERVICES
$5.000 to $75.000
o 3 Wrilten Quotes
PERSONAL SERVICES
$5,000 to $50,000
o (3) Written Proposals
UIREMENTS - Solicitation Process
o Invitation to Bid (Copies on file) 0 Emerqencv
o Wrillen findings allached
o Quote or Proposal allached
Coooerative Procurement
o State of Oregon
Contract #
o State of Washington
Contract #
o Other governmenl agency contract
Agency
Contract #
o Interagency Contract
Agency
Contract #
o Request for ProDosal (Copies on liie)
Please check one:
o Goods & Services
o Personal Services
o Sole Source
o Wrillen findings allached
o Quote or Proposal allached
o
o
o
50ecial Procurement
Wrillen findings attached
Quole or Proposai altached
Have all public contracting requirements been satisfied?
YES
NO
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(Date) ;/{2/54<-< -'-'5
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ap f/rpYtlJ!
(Date)
I
I
If "NO", City Council approval is required, City Council approval was received on
Have funds been budgeted for the purpose of this contract?
YES
NO
If "NO". City Council approvai is required, City Council approval was received on
Please provide: Account Number
-
-- -- -- ------
Is the amount of the contract less than $25,000?
YES
NO
If "NO". Legat review is required, Contract was "Approved as to form" by the Legal Department on
(Date)
j
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 the contract for a period of 24-months or less?
YES
NO
if "NO", City Council approval is required, City Council approvat was received on
PleaSe provide terms:
Start date:
Compietion date:
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor?
YES
NO
If "NO". City Council approval is required, Cit Council approvai was received on
//7 Y I' _(I Please~
Prepared by: tY~ ~ ~ Not Approved
Department: 'tA-..-r ~L.A.-1 ~ ~
' Lee Tuneberg
(1///0/ _
Date: 62-1 ~ [1' -~
Form #10 - Contract Approval Request Form, Page 1 of 1, S{g12009
Date: