HomeMy WebLinkAbout2015-195 Contract - Bar Code Services
Contract for GOODS AND SERVICES Small Procurement Less than $5,000
CITY OF INDEPENDENT CONTRACTOR: BAR CODE SERVICES
-4SH LAND CONTACT: WILL HERSHAM
20 East Main Street ADDRESS: PO BOX 1288, ASHLAND, OR 97520
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541 488.1468 FAX: 541.482.0310
BEGINNING DATE: 07/01/2015 COMPLETION DATE: 06/30/2015
COMPENSATION: $100.00 per hour for 40 hours, $2,000 for FY16 and $2,000 for FY 17
GOODS AND SERVICES TO BE PROVIDED:
Software Maintenance contract with Bar Code Services for Electric Department (project billing and cost estimation programs including
upgrades.
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR
AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work
described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required
under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City
business license.
3. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City.
4. Statutory Requirements: ORS 279B.220, 279B.225, 2796.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses,
or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract
by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and
proximately caused by the negligence of City.
6. Termination: City's Convenience. This contract may be terminated at any time by the City.
7. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete
responsibility for the performance of this contract.
8. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or
emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award
of such subcontracts, if any.
9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license.
10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work.
11. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the
contract work set forth in this document.
12. Default. The Contractor shall be in default of this agreement if Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract.
13. Insurance. Contractor shall at its own expense provide the following insurance:
a. a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers'
compensation coverage for all their subject workers. Worker's compensation insurance is required if work is performed by employees,
subcontractors, or volunteers.
BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENAL OF LAW THAT THE WORK REQUIRED BY THIS
CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: Gr/ '
b. General Liability insurance with a combined single limit, or the equivalent, of no le s than $1,000,000 for each occurrence for Bodily Injury
and Property Damage.
C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily
Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon
15. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES.
Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
l ,
Contractor: / City of Ashland: r;
By tlt/C~ By
Sign ur74 Departmen Head
k'% k U04 ti
Print Name Prin Name,
4%/1P 111711,2
Title Date
,1 -•"f /
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No.
Revised 10-28-14 Page 1 of 2
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on
the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not
subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the
Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or
dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents
and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when
executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c)
the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor
is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of
perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the
entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the
contract documents, and has checked four or more of the following criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my
residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by
the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating
to the labor or services to be provided.
Contractor (Date)
Revised 10-28-14 Page 2 of 2
Bar Code Services Will Hershman
PO Box 1288. 542 Washington St, suite #101 • Ashland, OR 97520 (541) 488 1468 /fax 482-0310
email will@barcodeservices.com
June 15, 2015
To: Mr. Thomas Bartlett, Electric Distribution System Manager
Electric Department
City of Ashland
Re: Proposal for renewing technical support maintenance contract for fiscal year July 1, 2015 - June 30, 2017
with Bar Code and the Electric Department's Project Billing and Cost Estimation Programs.
There is a need for on-going technical support regarding the bar billing and estimating system utilized by Electric
Department management. Throughout the year situations occur such as upgrades and modifications that require
technical program support. Incidents such as changes in the City of Ashland's program environment including
network changes and specific requirement program modifications arise that call for immediate attention.
By renewing my contract I can respond to support calls without having to delay the needed support by having to get
purchasing approval first.
My Project Billing and Cost Estimation Programs have been very effective in enabling the Electric Department to
provide billings and estimates of work and material for more than 5 years. I am confident that the Electric
Department management is in support of this proposal.
Fiscal Year: July 2015 through June 2017; Not to exceed: $4,000. Technical support to be provided on an "as
needed" basis and billings submitted are at the hourly rate of $100/hr. Minimum on-site billing $175.00
06/13/2022 04:34 FAX 10002
Aco CERTIFICATE OF LIABILITY INSURANCE FD 07/1a 2015
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(les) 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 MME; SHERRI ALTAMIRANO
BRIAN LEE CONRAD STATE FARM AGENCY PH NE .541-482-8470 pc No1;541-482.6956
StateFarm 1806 ASHLAND ST -MAIL
ADDRESS:
ASHLAND, OR 97520 INSURER(S) AFFORDING OVERAGE NAIC0
INSURER A :State Farm Fire and Casualty Company 26143
INSURED HERSHMAN, WILL INSURERS:
DBA BAR CODE SERVICES INSURER C:
PO BOX 1288 INSURER D : _
ASHLAND OR 97520-0043 INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 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.
ILT R A POLICY EFF POLICY EXP LIMITS
N SR TYPE OF WSURANCE POLICYNUMBER IWAIDDIYYYYI M 1
COMMERCIAL GENERAL LIABILITY 97-BH-A606.6 02/0112015 02!01/2018 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X CLAIMS•MADE 1-1 OCCUR PREMISES Me occurrence b 300,000
~I II MED EXP (Any one person) S 5,000
PERSONAL S ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S i 2,000,000
JECT LOC '.PRODUCTS - COMPIOPAGG b_
x POLICY PRO.
OTHER: b
COMBINED
AUTOMOBILE LIABILITY N/A Ea accident SINGLE LIMIT b
ANY AUTO BODILY INJURY (Per person) b
ALL OWNED SCHEDULED I BODILY INJURY (Per accident) b
AUTOS NAUTOS
ON-OWNED PPROPERTY DAMAGE $
HIRED AUTOS AUTOS S
1
UMBRELLA UAB OCCUR N/A EACH OCCURRENCE S
EXCESS LIAR CLAIMS MADE ! AGGREGATE $
i
DED RETENTIONS $
.
WORKERS COMPENSATION PER OTH NIA STATUTE ER
AND EMPLOYERS LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE N I A I E.L. EACH ACCIDENT _ $
OFMCERIMEMBER EXCLUDED?
(Mandatory In NH) I E.L. DISEASE - EA EMPLOYE S
! E. L, DISEASE -POLICY LIMIT S
IfDEyeaSC,RIP deactl TIONbe under OFOPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltloul Remarks Schedule, maybe attached K more apace Is required)
SAME AS ABOVE
Type: BUSINESS-OFFICE
Coverage information
B-BUSN PROP 21900
LOSS INC 12 MONTH
CERTIFICATE HOLDER CANCELLATION
ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS.
90 N. MOUNTAIN ST A TH RED REPRESENTATIVE
ASHLAND, OR 97520
J fA614oz~.~t
19B8-2014 ACORD CORPORATION. All rights reserved.
ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014
REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS
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<Page 1 / 1
CITY OF
l AS H LAND DATE O NUMBER
,20 E MAIN ST. 7/24/2015 13012
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 009658 SHIP TO: Ashland Electric Department
BAR CODE SERVICES (541) 488-5354
PO BOX 1288 90 N MOUNTAIN
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Payable on receipt Dept.:
Req. Del. Date: Contact: Mary McClary
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Bar Code Software Maintenance 2,000.00
FY 2016 - Not to exceed $2,000.00
FY 2017 - Not to exceed $2,000.00 2,000.00
Contract for Goods and Services Small
Procurement less than $5,000
Beqinninq date: 07/01/2015
Completion date: 06/30/2017
SUBTOTAL 4,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 4,000.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 690.11.18.00.60410 4,000.00
VENDOR
Autho ignature COPY
FORM#3 CITY OF
ASHLAND
REQUISITION Date of request: 07/01/15
Required date for delivery:
Vendor Name BAR CODF SERVICES
Address, City, State, Zip PO BOX 1288 ASHLAND, OR 97520
Contact Name & Telephone Number WILL HERSHAM 541.488.1468
Fax Number 541 482.0310
SOURCING METHOD
® Exempt from Competitive Bidding ❑ Emergency
® Reason for exemption: Software Maintenance ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
® AMC 2.50 .90 (1) (2) Date approved by Council: ❑ Written quote or proposal attached
® Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Agency
❑ Form #9, Request for Approval
❑ Less than $35,000, by direct appointment El Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I
Description of SERVICES Total Cost
Software maintenance for project billing and cost estimation programs including upgrades.
$100.00 per hour, minimum on-site billing $175.00, Not to exceed $2,000. Not to exceed $2,000 $4,000.00
FY16. Not to exceed $2,000 FY17.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal
Project Number Account Number $4000.00
Account Number 690.11.18.00.604100
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee Ga h cnfy/U Department Head: L
1 G (Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year YES / NO
Finance Director- (Equal to orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition