HomeMy WebLinkAbout2009-183 Contract - Evergreen Job & Safety
Contract for SAFETY TRAINING
CITY OF CONSULTANT: Evergreen Job & Safety Training
ASHLAND CONTACT: Douglas J. Lindstrom, President
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 309 Knoch Ave, Susanville, CA 96130
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 530-257-7812,530-251-7743
DATE AGREEMENT PREPARED: Auaust 6, 2009 FAX: 530-257-8266
BEGINNING DATE: July 1,2009 COMPLETION DATE: June 30, 2012
COMPENSATION: Electric Department: FY 09-10 $21 ,678.48, FY 10-11 $22,545.60, FY 1~-12 $23.447.40,
Public Works: FY 09-10 $22198.08, FY 10-11 $23085.96, FY 11-12 $24 009.36 -
SERVICES TO BE PROVIDED: Job & Safety Training - (12) Programs per year, Includes administration,
record keeping, program development, travel, lodging, meals, etc. Certain additional training materials such as
CPR/First Aid and Traffic Control Trainina Manuals will be billed to the Citv at cost.
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personai services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutuai covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service 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.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 3D days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property bf
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, co'sts, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage~including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
Contract for Personal Services, Revised 06/19/2009, Page 1 of 5
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof. .
Iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediateiy cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
.void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its ORF status pursuant to the ORF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if
consultant has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
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
b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1 000 000, or Not Applicable for each accident for Bodily Injury and Property Damage,
Contract for Personal Services, Revised 06/19/2009, Page 2 of 5
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chanqe. There shall be no cancellation, material change, reduction of iimits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consuitant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance poiicies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consuitant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consuitant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consuitant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. 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. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penaity or iiability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor
~yONj)~ANT ~ ~:TY OF ASHLAND:
~, 'gnat e FINANCE DIRECTOR
cJ (I ' , It1
Print Name
PeesiJenf-
TITLE
DATE
J>;'J o?
One copy of a W-9 is to be submitted
with the signed contract and it will be
kept on file in the Finance Department.
S DETERMINED BY:
DATE
.2-l- OC;
q
W-9
f -')-01
/fJ/# i?::ufJ"po,{. rO ~~
ACCOUNT # t:--9 t? I" { I g PO G-t?6 rfJ ~
~ 97'r 2!Y~rp~!Jbo 6&6 -# ~-r:J
PURCHASE ORDER # Chll! 7 r1'2 q CJ,::L&
Contract for Personal Services, Revised 06119/2009, Page 3 of 5
ft!:1!;,~
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 10 (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:
II'
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II
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(1) I 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) I 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.
~t51
(Date)
Contract for Personal Services, Revised 06/19/2009, Page 4 of 5
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
July 13,2009
Lee Tuneberg
Dick Wandersche' /
Evergreen Job and'Safi tY'-training
The City of Ashland's Electric Department has used the Evergreen Job and Safety Training Company to
provide safety training to electric personnel since 1996. This service is provided for us on site with
monthly meetings that cover the variety of safety related concerns and issues of the electric utility
industry. The service also provides record keeping and storage of safety related documents that we need
to keep on file to comply with state and federal laws and requirements. We bid this service our in
January 2007 and received 4 bids. We received three were lump sum bids and one that consisted of
hourly rates only. Evergreen's first year bid was $36,878 while Suceed's bid was $56,400 and PCA's
bid was $53,600 to provide this service to both electric and public works.
Based on these results the contract was awarded to Evergreen for three years, That contract time has
now reached its end and it's time to replace it with a new three year commitment. We feel strongly that
this service should again be provided by Evergreen. We have been extremely happy with their service
and responsiveness. Also the fact that they continue to update, keep and store our safety records is a .
very valuable service. Electric's current annual cost of using Evergreen to provide this service is only
$20,180 and there is no way that it could be done in house for anywhere near these costs. Also we do not
have in house expertise in many areas that Evergreen possesses. That coupled with competing costs we
encountered when this was last bid out in 2007 leads us to strongly believe that renewing this contract
for three years is in the City's best interest.
Feel free to give me a call at 552 206lifyou have questions or need further assistance on this issue.
Thanks for your attention to this matter.
cc: Scott Johnson
Electlic Depl.
90 N Mountain 51.
Ashland, Oregon 97520
WVwW.ashland.or.us
Tel: 541-488-5357
Fax: 541-552 2436
TlY: 800-735-2900
~~,
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
July 17, 2009
Lee Tuneberg
Michael Morrison
Evergreen Job and Safety Training
The Public Works Department has been using Evergreen Job and Safety Training since 2000. The
department began using them after learning that the Electric Department used their services and was
very happy with the service provided. In the 9 years since they started our training, we've developed a
very good working relationship with that company, and have relied on them heavily to keep us .
compliant both with OSHA standards and with our own in house requirements for safety. Athree year
contract was signed in 2007, but that contract will expire before the end of this fiscal year. When we
went out to bid the last time we were unable to find other companies that could compete with the service
provided by Evergreen Job and Safety for the price they quoted. With a relatively small number of
vendors available for this type of training, its unlikely things will have changed in this short amount of
time.
Due to our very good relationship with Evergreen, it's in the City's best interest to continue using their
services. We are very happy with this company and we feel that the time required to switch companies
and develop a curriculum with a new company would make it very difficult and inefficient to spend the
time to rebid this contract. It's in the City's best interest to continue using Evergreen Job and Safety.
Public Worksl Mainl & Safety
90 N. Mountain Ave.
Ashland, Oregon 97520
morrism@ashland.or.us
Tel: 541-552.2355
Fax: 541-552-2304
TTY: 800-735-2900
~~,
CITY Of
ASHLAND
Council Communication
Approval of a Special Procurement
SAFETY TRAINING - EVERGREEN JOB & SAFETY
Meeting Date: August 4, 2009 Primary Staff Contact: Dick Wanderscheid
Micheal Faught
Department: Public Works E-Mail: wanders@ashland.oLus
faughtm(a!,ashland.or. us
Secondary Dept.: Purchasing Secondary Contact: Scott Johnson
Mike Morrison
Approval: Martha Bennett Estimated Time: Consent Agenda
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Special Procurement
(Contract-specific special procurement) requesting approval to directly award a contract for safety
training to Evergreen Job and Safety for a term of three years beginning July I, 2009 and ending on
June 30, 20127
Staff Recommendation:
Staff recommends that the Special Procurement be approved.
Background:
A Special Procurement is basically a contracting procedure that differs from the procedures required
for an Intermediate Procurement (3-written quotes), Invitation to Bid or Request for Proposal. The
proposed procedure being recommended is direct award per the attached Request for a Special
Procurement. For more information, please see the attached Request Jor a Special Procurement.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the Special Procurement or
decline to approve the Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the request for a Special
Procurement.
Attachments:
Request for a Special Procurement
Proposal and Written Findings
Pagelofl
~~,
FORM #9 .
CITY Of
ASHLAND
REQUEST FOR APPROVAL
SPECIAL PROCUREMENT
To:
City Council, Local Contract Review Board
From:
Dick Wanderscheid and Michael Faught
Date:
July 29,2009
Subject:
REQUEST FOR AFPROY AL 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 that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name:
Electric and Public Works
2. Department Contact Name:
Dick Wanderscheid and Michael Faught
3. Type of Request:
Class Special Procurement
X Contract-specific Special Procurement
4. Time Period Requested: From Julv L 2009
To:
June 30. 2012
5. Total Estimated Cost:
Electric Deoartment (3) Years - $67.671.48
Public Works (3) Years - $69.293.40
6. Snpplies and/or Services or class of Snpplies and/or Serviees to be acquired
Job and Safety Training (Required bv Federal OSHA. NESe. Oregon PUe. NFP A and the City's
own requirements for safety)
7. Backgronnd and Proposed Contraeting Proeednre: 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), BidIProposal Forms(s), Contract
F orm( s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
A three (3) vear contract. resulting from a formal solicitation (Request for Proposal) expired on June
30. 2009. At that time. Evergreen Job and Safety was the highest ranked \lroposer and their fees were
considerablv lower than the fees being Droposed bv the other two DroDosers. Evergreen Job and
Safety has an excellent historv and relationship with both departments. The City relies heavilvon
Evergreen to develop and coordinate the safety training curriculum that is required for the City to
remain compliant with all of the safety rules and regulations. Therefore. both devartments are in
agreement that it would be in the Citv's best interest to directlv award a three (3) vear contract to
Evergreen Job and Safety.
FOI111 #9 - Special Procurement - Request for Approval, Page 1 of 4,7/29/2009
8. Justification for use of Special Proeurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Evergreen Job and Safety has an excellent history and relationship with the Electric Department and
Public Works. Both departments relv heavilv on Evergreen Job and Safetv to remain compliant with
all of the mandatory safetv rules and regulations. including the documentation requirements. These
services could not be provided bv City staff at a lower cost to the City. Nor does the City Dossess the
expertise that Evergreen possesses. Therefore. both deDartments are in agreement that it would be in
the best interest of the City to directlv award a three (3) contract to Evergreen Job and Safety.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
(a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
An RFP was processed in 2006-2007. and Evergreen Job and Safety was awarded a contract for a
period of three vears which expired on June 30. 2009. Both deDartments are in agreement that it
would be in the best interest ofthe City for Evergreen Job and Safety to continue Droviding safety
training to their departments.
(please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);
and
(b ) (i) will result in substantial cost savings to the contracting agency or to the public because:
The services provided bv Evergreen Job and Safetv could not be done in house at a lower cost. City
staff does not currentlv have sufficient expertise in safety training. Nor does the City have the
staff to develop. coordinate and document the extensive and various safety training curriculum that
would be required to satisfY all of the rules and regulations required bv OSHA. NESc. Oregon PUc.
NFP A.
(please provide the total estimate cost savings to be gained and the rationale for detennining the cost savings); or
(b )(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
Evergreen Job and Safety has an excellent history and relationshi)J with both the Electric Department
and Public Works. Thev will continue to provide quality safety training to keep both departments in
compliance with the rules and regulations required bv OSHA. NESC. Oregon PUC. and NFP A. And..
both departments stronglv agree that this agreement with Evergreen Job and Safety to provide safety
training to their devartments is in the City's and Dublic's best interest to enter into a three vear
contract with Evergreen Job and Safety for safety training.
(please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Fonn #9 - Special Procurement - Request for Approval, Page 2 of 4, 7/29/2009
p'nblic Notice:
Pursnant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Proenrement 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 aequired through the Special Proeurement. The Contraeting Ageney shall
give sneh pnblie notice of the approval of a Special Procurement at least seven (7) Days
before Award ofthe Contract.
Date Public Notice first appeared on www.ashland.oLus - Angust 5, 2009
*** PENDING COUNCIL APPROVAL ,,**
PUBLIC NOTICE
Approval of a Special Proenrement
First date of publication: August 5, 2009
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 August 4, 2009.
The Special Procmement is for a "Contract-specific special procmement" (a single
contract) which has been approved for a period ofthree (3) years beginning July 1, 2009
and ending June 30, 2012. The City intends to award the contract for safety training to
Evergreen Job and Safety: Evergreen Job and Safety has an excellent history and
relationship with both the Electric Department and Public Works. The City relies heavily
on Evergreen to develop and coordinate the safety training curriculum that is required for
the City to remain compliant with all of the safety rules and regulations required by
various agencies (Federal OSHA, NESC, Oregon PUC, and NFP A).
It has been determined based on written findings that the Special Procmement will be
unlikely to encourage favoritism in the awarding of public contracts 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, Kari Olson, Purchasing
Representative, 90 N. Mountain, Ashland, Oregon 97520. The seven (7) protest period
will expire at 5:00pm on August 12, 2009.
TIlls 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 from this request for approval
of a Special Procurement.
Form #9 - Special Procurement - Request for Approval, Page 3 of 4,7/29/2009
Authority to enter into a Special Procnrement:
AMC 2.50.070 Procedures for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General
Model Rules, OAR Chapter 137 Divisions 46 - 49, exceptfor the following:
G. Special procurements as setjOrth ORS 279B.085 and herein.
ORS 279B, 085 Special procuremellts, (I) As used in this section and ORS 279B.400:
(a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055,
279B.060, 279B.065 and 279B.OlO and islor the purpose afentering into a series of contracts over time for the acquisition of a specified
class of goods or services.
(b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS
279B.055, 279B.060, 279B.065 and 279B.070 and isfor the purpose of entering into a single contract or a number of related contractsJor
the acquisition of specified goods or services on a one-time basis or Jor a single project.
(c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special
procurement or both.
(2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall subm~t a
written request to the Director of the Oregon Department oj Administrative Services or the local contract review board, as applicable, that
describes the proposed contracting procedure, tile goods or services or the class a/goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards setforth in subsection (4) o/this
section.
(3) When the contracting agency is the office of the Secretary of State or the office oJthe State Treasurer, to seek approval of a special
procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that
describes the proposed contracting procedure, the goods or services or the class oj goods or services to be acquired through the special
procurement and the circumstances that justify the use ofa special procurement under the standards set forth in subsection (4) of this
section.
(4) The director, a local contract review board, the Secretary afState or the State Treasurer may approve a special procurement if the
director, board, Secretary o/State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section
demo~strates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board,
Secretary o/State or State Treasurer, will:
(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts;
and
(b)(A) Result in substantial cost savings to the contracting agency or to the public; or
(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any roles adopted thereunder.
(5) Public notice oJthe approval of a proposed special procurement must be given in the same manner as provided in ORS 279B.055
(4).
(6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer
the contracting agency determines in writing to be the most advantageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement
under this section, the con!racting agency may award contracts to acquire goods or services within the class of goods or services in
accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 j57; 2005 c.l03
f8d]
OAR 137-047-0285 Special Procuremellts
(1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085.
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special
Procurement in the same manner as 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 through the Special Procurement. The Contracting
Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract.
(3) Protest. An Affected Person may protest the requestfor approval ofa Special Procurement in accordance with ORS 279BAOO
and OAR 137-047-0700.
Fonn #9 - Special Procurement - Request for Approval, Page 4 of 4,7/29/2009
EVERGREEN JOB & SAFETY TRAINING
Douglas J. Lindstrom - President
309 Knoch Avenue, Susanville, California 96130
Office Phone: (530) 257-7812 Office Fax: (530) 257-8266 Cell Phone: (530) 251-7743
July 21,2009
City of Ashland
90 N. Mountain Ave.
Ashland, OR 97520
Attn: Scott Johnson
Re: Safety Training Proposal
- Electric and Public Works
Dear Mr. Johnson:
I appreciate the opportunity to present you with this proposal. As your Job and Safety Training
Instructor, I will be dedicated to providing you with the best possible service to meet the specific
needs of the City of Ashland Electric and Public Works Departments. This proposal is based on 12
programs per year for the next three years, July 2009 through July 2012. Following is a break down of
the price per month and the price per year including our one-time 10% inflationary increase and our
standard 4% annual increase:
ELECTRIC DEPARTMENT:
Basic Rate for 16-20 Employees
PUBLIC WORKS DEPARTMENT:
Basic Rate for up to 60 Employees
2009-2010
Annual: $21,678.48
Monthly: $1,806.54
2009-2010
Annual $22,198.08
Monthly $1,849.84
2010-2011
Annual: $22,545.60
Monthly: $1,878.80
2010-2011
Annual $23,085.96
Monthly 1,923.83
2011-2012
Annual $23,447.40
Monthly $1,953.95
2011-2012
Annual $24,009.36
Monthly $2,000.78
This includes all of my expenses, including Administration, Record Keeping, Program Development,
Travel, Lodging, Meals, etc. Certain additional Training Materials such as CPRlFirst Aid and Traffic
Control Training Manuals will be billed to you at my cost. I will discuss the cost ofthese materials
with you prior to supplying any ofthem to your employees.
I look forward to serving you in this capacity. Please call if you have any questions and thank you
again for thiS.9Pportunity.
Sincerely,
Douglas J. Lindstrom
PresidentJInstructor
EVERGREEN JOB & SAFETY TRAINING
Douglas J. Lindstrom - President
309 Knoch Avenue, Susanville, California 96130
Office Phone: (530) 257-7812 Office Fax: (530) 257-8266 Cell Phone: (530) 251-7743
July 21,2009
City of Ashland
90 N. Mountain Ave.
Ashland, OR 97520
Attn: Scott Johnson
Re: Safety Training Proposal
- Electric and Public Works
Dear Mr. Johnson:
I appreciate the opportunity to present you with this proposal. As your Job and Safety Training
Instructor, I will be dedicated to providing you with the best possible service to meet the specific
needs of the City of Ashland Electric and Public Works Departments. This proposal is based on 12
programs per year for the next three years, July 2009 through July 2012. Following is a break down of
the price per month and the price per year including our one-time 10% inflationary increase and our
standard 4% annual increase:
ELECTRIC DEPARTMENT:
Basic Rate for 16-20 Employees
PUBLIC WORKS DEPARTMENT:
Basic Rate for up to 60 Employees
2009-2010
Annual: $21,678.48
Monthly: $1,806.54
2009-2010
Annual $22,198.08
MontWy $1,849.84
2010-2011
Annual: $22,545.60
Monthly: $1,878.80
2011-2012
Annual $23,447.40
Monthly $1,953.95
2010-2011
Annual $23,085.96
Monthly 1,923.83
2011-2012
Annual $24,009.36
MontWy $2,000.78
This includes all of my expenses, including Administration, Record Keeping, Program Development,
Travel, Lodging, Meals, etc. Certain additional Training Materials such as CPR/First Aid and Traffic
Control Training Manuals will be billed to you at my cost. I will discuss the cost of these materials
with you prior to supplying any of them to your employees.
I look forward to serving you in this capacity. Please call if you have any questions and thank you
again for this opportunity.
Sincerely,
Douglas J. Lindstrom
President/Instructor
CITY REr.-~DER
Page 1/1
'~..
._~
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
::~'1:bS1DA TE:,';~.:iL'~-':f';' ;~~~ F?{:fN0MB-EFLt~ J
7/2/2009 09020
VENDOR: 002071
EVERGREEN JOB & SAFETY
309 KNOCH AVE
SUSANVILLE, CA 96130
SHIP TO: City of Ashland-Warehouse
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Scott Johnson
Confirming? No
~~tQuamH"-,~~~ ~tiUn fL:3 ~.~ff~:.~,m:~A:'f:"i~;:fi~:~\~?;{Si3';~dl::~Ji;11fje1icrr~tion':"';/::,::~:'::\.~ "
';:,~:::SiTiiieF!rfl%;'[W~ ~~<~--'DiExt~lRric'~:~\{_:_--~
THIS IS A REVISED PURCHASE ORDER
Safety Training - Electric & AFN - FY
2010, Special Procurement approved by
. City Council for a three year term
beginning July 1, 2009 and ending June
30, 2012.
21,678.48
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
..,
SUBTOTAL
TAX
FREIGHT
TOTAL
21 678.48
0.00
0.00
21,678.48
~~coum')Numbe~~a ~~;f:rP.r6jecffNumMr ~;~~~G~~ ~~~!~~Am'ounf(C{;;; ; ~2~.Accoun(N u-niber~:;f-~~ ~(:;~'~~p'r6jec'tl NumneF!t~~ ~'k~~:1}0AmoltnT,~~~~~!l
E 690.11.18.00.60640 16 258.86
E 691.02.47.00.60640 5 419.62
~ ~dt:{~/
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: I 06-24-2009
Required Date of Delivery/Service: 1'-'--
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
FW>rgrl'l'n .Inh I/. S~fl'ty
:iO~ Knor.h A v..
5IJsanville Calif 96130
SOLICITATION PROCESS
Small Procurement D Sole Source D Invitation to Bid
D Less than $5,000 D Written findings attached (Copies on file)
D Quotes (optional) D Quote or ProDDsal attached
Coooerative Procurement D Reauest for ProDosal
D State of oRfWA contract (Copies on file)
Intermediate Procurement D . Other government agency contract D Soeciall Exemot
D (3) Written Quotes D Copy of contract attached D Written findings attached
(Caples attached) D Quote or Pronosal attached
D Contract # D Emeraencv
D Written findings attached
D Quote or Prooosal attached
\
Description of SERVICES
[8] Per attached PROPOSAL OSHA required safety training FY 2009.2010
Electric 75%
AFN 25%
Total Cost
c-
,
,
i
("
I
':$)
,-
L.. _
20\1180\04'
"
Item #
Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
!';tOTAiLcoSTi'
0 Per attached QUOTE I - . - , ,
!
,
,
i
Project Number ______ - .__ l~$l --- . --
Account Number Electric --- E 690.11.18.00.606400 AFN-- E691.02.47.00.606400
Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I cerlify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon fCiU~st. ~
Employee Signat~~~=--- Supervisor/Dept. Head Signature: 1
G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updated on: 6/1012009
\ FORM #10 I
CONTRACT APPROVAL REQUEST FORM
CITY OF
ASHLAND
Contractor/Consultant: /C ~ t1 0/'- ,C\V~
cc-(/wr~<Z~t. ~tfl- 'JA''1' h
~r altachedcontract II tiJ-P! r! 7
PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process
Total Amount
t.4'~...~~a::"'ifJ:.'{~.~""",...,-, ,GJr,..~,:r~..
'41~;~i~""" ~~:~' :-,:':";,_~, :',,,,l>~~,:'~,,>_,' \<, 'o~
.)$r:'~'i<'.0)1i'fl'{3J' . :016> ..': :'
:'~;~'\~,,'~~:<:~' J' >...7.";' - Y-e< ' . :
o Exemot from Comoetitive Biddinq 0 Invitation to Bid (Copies on file) 0 Emeraencv
Reason for exemption: 0 Written findings attached
0 Quote or Proposal attached
0 Small Procurement & Personal Services 0 Request for Prooosal (Copies on file) Cooperative Procurement
Less than $5,000 Please check one: o Slale of Oregon
Note: Totaf contract amount, including any o Goods & Services Conlract #
amendments may not exceed $6,000 ' 0 Personal Services o State of Washington
Intermediate Procurement 0 Sole Source Contract #
GOODS & SERVICES 0 Written findings attached o other government agency contract
Agency ..
$5,000 to $75,000 0 Quote or Proposal attached , Conlract #
o (3\ Wrillen Quotes ./
PERSONAL SERVICES ff Soecial Procurement (L,fLM/7L o Interagency Contract
$5.000 to $50,000 ~ritten findings attached ~.rVc ..tJ .Agency .
o (3) Written Proposals ' Quale or Proposal attached .,a 26>; qcontract #
57 ,.
Have all public contracting requirements been satisfied?
If- 9 "r'5--- .
YES .......__
NO
Have funds been budgeted for the purpose olthis contract?
If "NO", City Council approval is required. City Council approval was received on
YES~
(Date)
NO
If "NO", City Council approval is required. City Council approval was received on
r, t? e? fP :;z. qJ &-0 c., t1 .fJ tJ-.-C;
Please provide: Account NumberG-90.0j:a. 4?&G..o6 ~ec?-:a /
. 6 '1/ to':2./1'7 &~ 6 tfJ 6 .-.,ocl-C!
Is the amount olthe contract less than $25,000? YES NO d!..
If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on ,(/' {? .-( () - 6'1Date)~~ .(~
/ /-c...z.-1~
~
(Date)
Is the amount olthe contract less than $75,000 for Goods & Services
or $50,000 for Personal Services?
YES
NO
Is the contract for a period of 24.months or less?
YES
~ -I?- ,;2....nJ / (Date)
.~
NO
If "NO", City Council approval is required. City Council approval was received on
If "NO", City Council approval is required. City Council approval was received on a..-~ -1; ~ (Date)
Completion date: tfJ.6 - -g..e., - /" ~
Please provide terms: Start date:&? 1 ~ If} ( - tf2:j
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor?
YES
~
NO
Prepared by:
(Date)
Not Approved
Date:
c'~ .:t. a-r-
Lee Tuneberg
8!rJp;,
/
Department:
Date:
Form #10 - Contract Approval Request Form, Page 1 of 1, 10/2009