Loading...
HomeMy WebLinkAbout2021-167 PO 20220153- Teresa M Santillan Evans P.Al . 18Vali l $��i ; Purchase Order Fiscal Year 2022 Page: 1 of: 1 B City of Ashland __ _ ATTN: Accounts Payable Purchase T L Ashland,lOR 97520 Order# 20220153 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H CIO Facilities Maintenance Div E TERESA M SANTILLAN EVANS l 90 North Mountain Ave N 507 WEST PINE ST p Ashland, OR 97520 O CENTRAL POINT, OR 97502 Phone: 541/488-5358 R T Fax: 541/552-2304 a QL iO13 Llgl eI = I—�; # 1 .[3C1SII [i e l — — °} 8 §(;s __ Y David Arnold Fare- —a-'£�St=aj-yi , :981r4.:A: [ .€� ._.,- z=ls : ri se ==�._ - ___ s��a. —��-'a - – _ _ :-- _ �E=fie���$`-- c-- :_ 9-_ el _ 99ry�..." :'- - - ��-1. K' tiGt 10/12/2021 6477 FOB ASHLAND OR/NET30 City Accounts Payable s - - On-call Appliance Repair 1 On-call Appliance Service and Repair 1.0 $2,000.00 $2,000.00 Goods and Services Agreement(Less than $25,000) Completion date: June 30, 2022 - Project Account: • *************** GL SUMMARY*************** I I 088400-602400 $2,000.00 By: Date: /041;---.2.--) ,._. = Authorize ignature ,�,,, erG -_ .2 000.00 wt FORM #3 CITY OF �� �/ app 7�� ASHLAND A request for a Purchase oi'e°_� REQUISITION Date of request: 9/9/2021 / Required date for delivery: Vendor Name //1 Interstate Appliance Service Address,City,State,Zip ((/ PO Box 4052.Medford,OR 97501 Contact Name&Telephone Number Teresa Evans 541-423-5089 interstateapplianceserviceAgmail.com Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) _(If council approval required,attach copy of CC) ® Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: _ 0 State of Oregon ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# (Attach copy of council communication) 0 Other governmentagency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached 0 Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Appliance Service and Repair for FY22 $2,090:00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost O Per attached quotelproposal TOTAL COST Ss Project Number _ _ Account Number 088400-602400 `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 e tic contract'rfg requirements have been satisfied. Employee:_ —is'� (air Department Hea•t •r greater than$5,000) Department ManagerlSupervisor: City Administrator: , (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES /NO Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition 'fib':,• G'{ IGzi:;•'' ' • t'•,.-tf i:E�Co''�-1t Interstate Appliance Service_ PO Box 4052 o Medford, OR 97501 interstateappiianceservice@gmaii.coin 541-423-5089 cf..-c,e4Lailti�C3 c � September 21, 2021 To; City of Ashland To whom it may concern, Regarding the City of Ashland's service Agreement General Liability Insurance requirement,'I would like to request an exception. As the owner of Interstate Appliance Service, my company currently carries.$1,000,000 worth of Liability Insurance while providing the repairs or replacement.of appliances. During the process of preforming these repairs or replacement of appliances; incidents are extremely rare and personal :injury or property damages almost unheard of. Please contact me if you have any questions or would like more information as you consider my request. Thank Interstate Appliance Service (541) 423-5089 7, 6pecia ' ' a.S fit,%es i 'ita,e • GOODS AND SERVICES AGREEMENT(LESS THAN$25,000) • PROVIDER: Interstate Appliance Service CITY OF PROVIDER'S ASHLAND CONTACT: Teresa Evans 20 East Main Street Ashland,Oregon 97520 ADDRESS: PO Box 4052 Telephone: 541/488-5587 Medford,OR 97501 Fax: 541/488-6006 PHONE: 541.423-5089 I i This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Interstate Appliance Service, (a domestic/foreign business corporation)("hereinafter"Provider"),for appliance service and repair. 1. PROVIDER'S OBLIGATIONS 1,1 Provide appliance service and repair for FY22 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 heroin provided for authority to exceed the maximum compensation. The 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 teirn 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 {- million dollars)per occurrence for Bodily Injury and Property Damage. �� _(2i 1.2.1 The insurance required in this Article shall include Ito following coverages:' \‘v-- a • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability. • Workers' Compensation 1.2.2 Each policy of such insurance shall be on an"occurrence"and nota"claims made"form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and Page 1 of 6: Goods and Services Agreement bctweenihe City of Ashland atdInterstate Appliance Service * Be evidencedby a certificate or certificates of SU&insurance approved by the City. 1.3 Provider shall, at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide workers'compensation coverage for all of its subject workers. 1.4 Provider agrees that no person slall, on the grounds dace, coler,religiori creed,ea,marital,status, iKtrintal status or domestic partnership, national origin, age, Mental or physical disability, sextial orientation, gender identity or source of income, suffer discrimination in the performance of this. Agreement when employed hy Provider- Provider agrees to comply with all applicable requirements of federal and.state oivilnghts and rehabilitation statutes,rules and regulations: Prather,Provider agrees not to cliactibinate 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 ai3 reqUirecl by ORS 279A.110, 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notifiedby the Providers of the Provider's obligations under this Agreement and Title VE of the Civil Bights Act Of 1964 and.other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of*IS Agreement is $22,002.43 or more,Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a'living wage, as defined. in that chapter, to all employees perfortiting Work under this Agreement and to any Subcontractor who performs 0°ict cr More of the Wolk under this Agreement Provider is also required to post the notice attached hereto as °Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder Without the prior written consent of the City. Any attempted assignment or subcontract without written consent ofthe City shall be void. Provider shall be icily responsible for the acts or omissions Of any assigns or subcontractors and of 4pm:scat eraployedbythem,and.the approval by the City of any assignment or aubcontritat shall*tot create any contractual relation between the assignee orsubcontractor and the Ci 2. CITY!S OBLIGATIONS nitial 2.1. city shall pay Provider the sum: - ; • : as specifies:1 in the SUPPORTMTG DOCUWINTS. $2,000.00 tiivo Initial 2.2 In no event shall Provider's to of all compensation and reimbursement underthis Agreement exceed the sum of fvffoottve.thousand dollars.Without express;written approVal from,the City official whose signature appears below,or such official's successor in office, Prat/icier expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum Sinn to be exceeded and that any authorization frinit the responsible oflicial must be in writing. Provider farther aolthewitidges 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 reirabinsement Paget of 6: Goads and Servic es Agreement botivaext 1he Cx4y cfMlaup.Emdliiterstate Appliance Ser.-due 3, GENERAL PROVISIONS 3.1 This is anon-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 I. 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 I } Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B,235. 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. his Agreement is found bya court of competent jurisdiction to be unenforceable, 3.10 If any provision oft gi J such provision shall not affect the other provisions,but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to coifed them without charge or deliver them at a reduced price, as negotiated.If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page3 of 6: Goods and Services Agreement between the City of Ashland and Interstate Appliance Service • Agreement in whole or in part.This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code,ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fitlly warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shall transfer all warranties to the City, 4. SUPPORTING DOCUMENTS • The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" • The Provider's hourly rate sheet. • The Provider's firm price bid(s)for each individual project 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 inwlediately 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, 2022, unless sooner terminated as provided in Subsection 6,2, 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time, 6.2.2 The City may,upon not less than thirty(30)days'prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen(14)days'prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NO'T'ICE 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 cornier, 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: Page 4 oa6; Goods and Services Agreement between the City of Ashland and Interstate Appliance Service • City of Ashland • Facilities Maintenance Department Attn: David Arnold 20 E.Main Street Ashland,Oregon 97520 Phone: (541)552-2292 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Interstate Appliance Service. 3 Attn:Teresa Evans 541-423-5089 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 LA.WS 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. 9.1.2 Provider,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (1) 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. Page 5 of 6! Goods and Services Agreement between the City of Ashland and Interstate Appliance Service IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective navies by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Interstate App 'ance Service(PROVIDER): _ f • By: �n By: r/ `�-- -----� e Signature Star ccs.c]Ly ' j dpf / l Printed Name Printed Name Title Title a' ,1 2—t 74-42/ Date Date (W.9 is to be submitted with this signed Agreement) Purchase Order No. p-® - - '7c' Page 6 of 6: Goods and Services Agreement between the City of Ashland and Interstate Appliance Service AC REP CERTIFICATE OF LIABILITY INSURANCE DA09/24/2021 ) 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 CONTACT NAME: Courtney Tacchini TACCHINI AGENCY(730939V ) PHONE FAX PO BOX 482 (A/C,NO,EXT):541-535-6161 (A/c,NO):541-512-5589 E-MAIL PHOENIX OR 97535 ADDRESS: Courtney.stacchini@farmersagency.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURER B: Farmers Insurance Exchange 21652 INTERSTATE APPLIANCE SERVICE PO BOX 4052 INSURER c: Mid Century Insurance Company 21687 INSURER D: Fire Insurance Exchange 21660 MEDFORD OR 97501-0147 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHETERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE mon SUBR POLICY EFF POLICY EXP POLICY NUMBER LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,000 CLAIMS-MADE x DAMAGE TO RENTED OCCUR $ PREMISES(EaOccurrence) 100,000 MED EXP(Anyoneperson) $ 5,000 C Y N 606746273 06/01/2021 06/01/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 gPOLICY PROJECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 300,000 (Ea accident) ANY AUTO BODILYINJURY(Perperson) $ OWNONLYEDAUTOS X AUTOSULED BODILY INJURY(Per accident)$ _ N 606746273 06/01/2021 06/01/2022 HIRED AUTOS X NON-OWNED PROPERTY DAMAGE ONLY /� AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE• $ DED RETENTION$ $ WORKERS COMPENSATION vJ�� PER OTHER $ AND EMPLOYERS'LIABILITY I STATUTE ANY PROPRIETOR/PARTNER/ 'ON E.L.EACH ACCIDENT $ 500,000 EXECUTIVE OFFICER/MEMBER N/A N A03151465 02/03/2021 02/03/2022 D EXCLUDED?(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 815 N CENTRAL AVE,MEDFORD,OR 97501 Certificate holder is listed as Additional insured on the named Insured's general liability policy. Waiver of Subrogation applies in favor of the certificate holder on the workers compensation policy. CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 90 N MOUNTAIN AVE DATE THEREOF,NOTICE WILL B BghlyeHF Ife9RDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEL ASHI AND,OR 87520 REPRESENTATIVE /, Il7e1 SCC IYIi 09/24/202 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD