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HomeMy WebLinkAbout2019-239 20200132 Pape Machinery, Inc GOODS & SERVICES AGREEMENT PROVIDER: Pape Machinery CITY OF PROVIDER'S Jeremiah Delange -4S H LAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: 4300 Hadley Drive Telephone: 541/488-5587 Central Point, OR 97502 Fax: 541/488-6006 PHONE: 541-772-4706 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Pape Machinery, a domestic business corporation ("hereinafter "Provider"), for fleet services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide fleet services for FY20 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 term 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 • Be evidenced by a certificate or certificates of such insurance approved by the City. Page I of 5: Agreement between the City of Ashland and Pape iMachinery 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. 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' 'hegotiation 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 of $15,000 as 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 $15,000 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, 27913.230 and 27913.235. Page 2 of 5: Agreement between the City of Ashland and Pape Machinery 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. 4. SUPPORTING DOCUMENTS The following documents are, by this references, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Rate Sheet dated July 16, 2019 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Pape Machinery 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 ofAshland - Public Works Attn: Wes Headley 90 North 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: Pape Machinery Attn: Jeremiah Delange 4300 Hadley Drive Central Point, OR 97502 541-772-4706 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 5: Agreement between the City of Ashland and Pape Machinery 9.1.2 Provider, for a period ol'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: Pape Machi (P By: By: Signature Sig t( e &-4 7:Ad Printed Name Printed Name ®ccJ - TD/t-- <:Paxu-c-goe Title Title Date XD (W-9 is to be submitted with this signed Agreement) Purchase Order No. G' O J~ I Page 5 of 5: Agreement between the City of Ashland and Pape Machinery LW MACHINERY Papa Machinery 4300 Hadley Dr. Suite 102 Central Point OR 97502 July 16, 2019 City of Ashland 90 North Mountain Avenue Ashland OR 97520 Rates for Goods and Services Agreement Nicole, Our current rates for service are as follows. Shop $114.00 per hour Field $129.00 per hour Travel $159.00 per hour Service supplies charged at 2.5% of total labor, up to $200.00. Jeremiah a ange Service Supervisor 541-772-4706 Pape Machinery, Inc. Morbark Breaker Technology, Inc. Finn fax: 541-776-3818 4300 Hadley Drive, Central Pcint, OR 97502 O HITACHI Trail King Industries Dynapac Sakai, Inc. wwi.papemachinery.com JOHN DEERE Waratah Fecon Gradall Superior Broom 119 1 oATE 1MMmolYYYY) A~ LI® CERTIFICATE OF LIABILITY INSURANCE 03104/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNAUMWO' MARSH USA INC. Fax PHONE 111 SW COLUMBIA, STE. 500 IAIC, e Eat), A/C No PORTLAND, OR 97201 E-MAIL Attn: Amy Shafer 503-2484857; amy.shafer@marsh.mm ADDRESS: INSURERS AFFORDING COVERAGE NAIC0 CN701920228STND-GAWU-1920 PM INSURER A: National Union Fire Insurance Company 19445 INSURED INSURER B: Insurance Company Of The State Of PA 19429 Papa Machinery, Inc. c/o The Papa Group INSURER C : NIA NIA PO Box 407 INSURER D: National Union Fire Ins Cc Piflsbu hPA 19445 Eugene, OR 97440 NIA INSURER E: NIA INSURER F: NBA alor$ Insurance Company 42307 COVERAGES CERTIFICATE NUMBER: SEA-003585290-06 REVISION NUMBER: 2 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. AEIN SUBR POLICY EFF POLICY E%P ILTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERALLIABILITY GL 5180113 0310112819 0310112020 EACH OCCURRENCE S 2.000,0)D (ER $ 250,000 G CLAIMS-MADE ❑ OCCUR XSC30000974300 0310112079 0318112020 PREMISES ENTED X CONTRACTUAL LIAR MED EXP(Any one person) s 25,000 PERSONAL B ADV INJURY $ 2'000'01)) X PER PROJECT AGG $2M ' GEN'L AGGREGATE U MIT APPLI ES PER'. GENERAL AGGREGATE $ 4,000,000 POLICY E JECOT 1XI LOC PRODUCTS -COMPIOPAGG S 4,000,000 S OTHER: COMBINED SINGLE LIMIT A AUTOMOBILELIABILITY CA 2961543 0310112019 03N1/2020 Eeecdtlant S 5,000,000 F % ANYAUTO NY19FXR8379531V 031002019 0310112020 BODILY INJURY (Per person) $ G X OWNED SCHEDULED XSC30DO0974100 03VJ2019 0310112020 BODILY INJURY (Per awdent) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per.cddmt $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION $ _ S B WORKERS COMPENSATION WC 80756260 (ADS) 1 0310112020 X STATUTE ERH AND EMPLOYERS' LIABILITY D YIN WC 80756261 (DA) 0310112019 03/01/2020 E. L. EACH ACCIDENT $ 1.000,1)00 ANVPROPRIETOFUPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED4 N NIA Includes Stop Gap Liability E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under Only for Slate of WA E.L DISEASE-PODGY LIMIT S 1,0)0,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1D1, Additional Remarks Schedule, maybe attached if mote space is required) Evidence of Insurance. i CERTIFICATE HOLDER CANCELLATION Papa Machinery, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Go The Papa Group Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 407 ACCORDANCE WITH THE POLICY PROVISIONS. Eugene, OR 97440 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Raymond M. Schneider 'Ray+••o%.~C,,Q./..eul @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN101920225 LOC Portland ACS ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC Papb Machinery, Inc. c/o The Papb Group POLICY NUMBER PO Box 407 Eugene, OR 97440 IC CODE CARRIER NA EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURERS AFFORDING COVERAGEINAIC # INSURER G: Endurance American Insurance Company (10641) Workers' Compensation (continued). Policy #483762 (OR) Insurer: SAW Effective Date: 0110112019 Expiration Date: 0110112020 Workers' Compensation: Statutory Limits Employer's Liabiility: $1,000,000 Each Accident / $1,000,000 Disease - Each Employee / $1.000,000 Disease - Policy Limit ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF FORM #9 A-S IH[ ILIA N D SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Public Works Superintendent Date: June 7, 2016 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 thatjustify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name- Public Works/Fleet Maintenance Y 2. Department Contact Name: Mike Morrison 3. Type of Request: X -Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1. 2016 To: June 30, 2023 5. Totatlstimated Cost: Cost will be determined by the actual repairs, maintenance and service that are required to be outsourced to maintain City vehicles and equipment. 6. Short title of the Procurement: Repairs, maintenance and service that are required to be outsourced to maintain City owned vehicles and equipment. Supplies and/or Services or class of Supplies and/or Services to be acquired: The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of ec~urliment Highly specialized tools and diagnostic equipment are very costly,pioprietary, and require costly annual upgrades The cost to maintain these specialized tools and diagnostic equipment in the City shop would be more costly to the City then outsourcing the needed repairs, maintenance and service. 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 #g - Special Procurement- Request for Approval, Page 1 of 3,6/3112016 V , Background: Contracts are awarded to contractors based on competency, qualifications certifications workmanship expediency, availability and competitive ricing Proposed procedure: Fleet Maintenance is seeking an exemption from the competitive bid process to DIRECTLY AWARD public contracts on an as needed basis to highly skilled and reliable contractors to perform repairs maintenance and service on City owned vehicles and equipment. 8. Justification for use of Special Procurement: Describe the circumstances thatjustify the use of a Special Procurement. Attach relevant documentation. On occasion work to repair City owned vehicles and/or equipment must be outsourced. If so, trouble shooting may be required to determine what repairs and maintenance are required to repair a specific vehicle or piece of equipment. There are also critical pieces of qa uiPment that require immediate - attention if a problem develops and the work must also be completed immediately. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlilcely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City currently contracts with varioussqgualified highly skilled and competent contractors to perform these services There are also specific mechanics service facilities dealerships and/or manufacturers that are competent and certified to do specific work on specific vehicles and/or equipment: The City considers competency, qualifications certifications reliability, expediency. availability and competitive pricing when malting the decision as to who will perform the required services on City owned vehicles and eguipment If the City is contacted by additional competent contractors they too will be considered to perform these services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: It is mandatory that repairs and maintenance be performed on City owned vehicles and equipment by highly skilled qualified and competent contractors for their continued use and safe operation. (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 27913.055, 27913.060, 279B.065, or 279B.070, or any rules adopted thereunder because: It is in the City's best interest to contract with competent and reliable contractors that are reliable, - dependable and qualified to provide these services It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,5/31/2016 1 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contact 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 thorough 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.onus - [i f approved, .June S. 2016] PUBLIC NOTICE Approval of a Special Procurement First date 6f publication: [if approved, June 8, 2016] 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 [if approved, .tune 7, 20161 This "Class Special Procurement" (sourcing method) was processed to seek an exemption from the competitive bid process and directly award public contracts to contactors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcingthe needed repairs, maintenance and service. It is imperative thatthe City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contactors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contacts 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; Purchasing Representative, Karl Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [if posted, June 15, 2016]. 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 fiom this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 513112016 -A.SH1LA N D CouncH C ammunkatbn June 7, 2016, Business Meeting approval of a class-special procurement for vehicle and equipment repairs and maintenance FROM Mike Morrison, Public Works Superintendent, mike.morrisonnashland.or.us SUMMARY This "Class Special Procurement"(sourcing method) is being processed to seek an exemption from the competitive bid process and directly award public contracts to vendors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools acid diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workmanship, availability and competitive pricing. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, Approval Request Form (written findings), is attached for your consideration and review. The Class Special Procurement previously approved by Council on March 20, 2012 is due to expire June 30, 2016. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 279B.065, 279B.070. The contracting approach-may be custom designed to meet the procurement needs. COUNCIL GOALS SUPPORTED: None Pin 1 of2 (~7 j ' CETY OF -ASHLAND FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for vehicle and equipment repairs and maintenance. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for vehicle and equipment repairs and maintenance. ATTACHMENTS: Form #9, Special Procurement - Request for Approval Form Page 2 of 2 Purchase Order O Fiscal Year 2020 Page: 1 of: 1 THIS FO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, , AND SHIPPING DOCUMENTS ATTN: Accounts Payable Purchase L Ashland, 20 E. Main Order# 20200132 OR 97520 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Fleet/Shop Division E PAPE MACHINERY, INC. 1 90 North Mountain Ave N PO BOX 5077 P Ashland, OR 97520 D PORTLAND, OR 97208-5077 Phone: 541/488-5358 0 T Fax: 541/552-2304 R 0 Vendor Phones Wes Hoadle 09/05/2019 55 FOB ASHLAND OR Cit Accounts Pa able win Fleet Services 1 Fleet Services FY 20 1 $15,000.0000 $15,000.00 Goods & Services Agreement Completion date: 06/30/2020 Project Account: GL SUMMARY 086500 - 602223 $15,000.00 By: t~"-tsyi J~ Date: c p Authorized Signature $15,000.00 FORM#3Lr CITY OF request fora n',G e, ASHLAND REQUISITION Yf / ~Dateest: 7/30/2019 Required date for delivery: Vendor Name Pape Machinery Address, City, State, Zip 4300 Hadley Drive Central Point OR 97502 Contact Name & Telephone Number Jeremiah Delange 541-657-4555 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form 413, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication f council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Dale approved by Council: ❑ State of Oregon ❑ Direct Award -(Attach copy of council communication) Contract # . ❑ VerbalMdtten quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ -State of Washington Date approved by Council: Contract # Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 6) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3) Written quotes and solicitation attached ❑ Form A, Personal Services >$5K & <$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5.000 and less than $75.000 M Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed $35,000 ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: 61712016 ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: Jul 30 2023 Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost FY20 Fleet Services as needed $15,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Project Number _ _ _ _ _ _ _ Account Number 086500-602223 _ Account Number _ _ _ _ _ _ _ _ _ _ Account Number '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 I No By signing this requl/~~ltron foforppm, I ce ' that the City's public, contracting requirements have been satisfied. J Employee: Department Head: ~SGu.,(s._~~9'~'y~ (Equal to or greaterthan $5,000) Department Manager/Supe or: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. YE I ND Deputy Finance Director-(Equal to or greater than $5,000) Date Comments: