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HomeMy WebLinkAbout2009-184 Contract - Evergreen Job & Safety ';\ -. Contract for SAFETY TRAINING CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONSULTANT: Evergreen Job & Safety Training CONTACT: Douglas J. Lindstrom, President ADDRESS: 309 Knoch Ave, Susanville, CA 96130 TELEPHONE: 530-257-7812,530-251-7743 DATE AGREEMENT PREPARED: Aunust 6, 2009 FAX: 530-257-8266 BEGINNING DATE: Julv 1, 2009 COMPLETION DATE: June 30, 2012 COMPENSATION: Elect~ic Department: FY 09-...10 $21 ,678.48, FY 10-11 $22,545.60, FY 11-12 $23.447.40, Public Works: FY 09-10 ~22 198.08, FY 10-11 ~23 085.96, FY 11-12 !l;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 personal 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 mutual 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 30 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 of 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, costs, 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 i1i. 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. Obliqation/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 immediately 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, S1 000000, or Not Annlicable for each accident for Bodilv Iniurv and Propertv Damaqe, Contract for Personal Services, Revised 06/19/2009, Page 2 of 5 I, 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 limits 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. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies 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 Consultant 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 Consultant 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. Consultant, 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 penalty or liability 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 incar orated b reference. CONSULTANT CITY OF ASHLAND: BY FINANCE DIR TOR DATE g~b- Ot! DATE CONT By: TITLE W-9 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. ACCOUNT # i{--/o- 0'1 ~/ c ;z if t9-t:7 6 /.' ~ d'--O er:9~ ,/1'/6 a~ (? ~6 --/~ 6 (For City purposes only) 6 ./J 1,/ tf7.:L ;,cJ7 &-cJ cJ 6 'r tt?-(,) PURCHASE ORDER # 0 q f ( '7 J2.,t) Contract for Personal Services, Revised 06/19/2009, Page 3 of 5 f' 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: V --L V V V V ~ Contr (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. r-/~(}tj (Date) r Contract for Personal Services, Revised 06/19/2009, Page 4 of 5 1/' , ~ 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 MontWy: $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 CPR/First 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 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 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. A three 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 oftraining, 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 Works! Maint. & Safety 90 N. Mountain Ave. Ashland, Oregon 97520 monism@ashland.or.us Tel: 541-552-2355 Fax: 541.552-2304 nY: 800-735-2900 r.1' CITY OF ASHLAND Memo DATE: TO: FROM: RE: July 13, 2009 61\\ 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 out 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 2061ifyou have questions or need further assistance on this issue. Thanks for your attention to this matter. cc: Scott Jolmson Electric Depl. 90 N Mountain Sl. Ashland, Oregon 97520 W"MV.ashland.or.us Tel: 541-488-5357 Fax: 541-552 2436 nY: 800-735-2900 r~., 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: wanderslalashland.or.us faughtm@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 1, 2009 and ending on June 30, 2012? Staff Recommendation: Staffrecommends 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 for 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 Page 1 of I r. , 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 arid Michael Faught 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From July I. 2009 To: June 30. 2012 5. Total Estimated Cost: Electric Department (3) Years - $67.671.48 Public Works (3) Years - $69.293.40 6. Supplies and/or Serviees or class of Supplies and/or Services to be aequired Job and Safety Training (Required bv Federal OSHA. NESC. Oregon PUC. NFP A and the City's own requirements for safety) 7. Baekground and Proposed Contracting Proeedure: 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 Form(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 proposer and their fees were considerablv lower than the fees bein\', proposed bv the other two proposers. Evergreen Job and Safety has an excellent historv and relationship with both departments. The City relies heavilv 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. Therefore. both deoartments are in agreement that it would be in the City's best interest to directlv award a three (3) vear contract to Evergreen Job and Safety. Fonn #9 - Special Procurement - Request for Approval, Page 1 of 4,7/29/2009 8. .Justification for nse of Special Procurement: Describe the circwnstances that justify the use of a Special Procurement. Attach relevant docwnentation. 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 ofthe mandatory safetv rules and regulations. including the documentation requirements. These services could not be provided bv Citv staff at a lower cost to the City. Nor does the Citv possess the expertise that Evergreen possesses. Therefore. both departments are in agreement that it would be in the best interest of the City to directlvaward a three (3) contract to Evergreen Job and Safetv. 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 Safetv was awarded a contract for a period of three vears which expired on June 30. 2009. Both departments are in agreement that it would be in the best interest ofthe City for Evergreen Job and Safetv to continue providing safetv training to their departments. The services provided bv Evergreen Job and Safety 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 docwnent the extensive and various safety training curriculwn 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 determining the cost savings); or (b )(ii) will othelWise 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 relationship with both the Electric Department and Public Warks. Thev will continue to provide quality safetv training to keep both deDartments in comDliance with the rules and regulations required bv OSHA. NESC. Oregon PUC. and NFP A. And. both departments strongly agree that this agreement with Evergreen Job and Safety to provide safety training to their departments is in the City's and public's best interest to enter into a three year contract with Evergreen Job and Safety for safety training. (please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 7/29/2009 Publie Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contraeting Ageney shall give publie notice of the Contract Review Authority's approval of a Special Proenrement in the same manner as a public notice of eompetitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall deseribe the Goods or Serviees or class of Goods or Services to be acquired throngh the Special Proeurement. The Contraeting Agency shall give sueh pnblie notice of the approval of a Special Procnrement at least seven (7) Days before Award of the Contraet. Date Public Notice first appeared on www.ashland.or.us-Augnst 5, 2009 *** PENDING COUNCIL APPROVAL *** PUBLIC NOTICE Approval of a Special Proeurement First date ofpnblieation: 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 Procurement is for a "Contract-specific special procurement" (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 Procurement 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. 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 from this request for approval of a Special Procurement. Fonn #9 - Special Procurement - Request for Approval, Page 3 of 4,7/29/2009 Aqthority to enter into a Special Proeurement: 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, except for theJallowing: G. Special procurements as setfOrth ORS 279B.085 and herein. ORS 279B, 085 Special procurements, (1) As used in Ihis seclion 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.070 and isfor the purpose of entering into a series of contracts over time/or the acquisition of a specified class of goods or services. (b) "Contract-specific special procurement" means a contracting procedure that differs/rom 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 contractsfor the acquisition of specified goods or services on a one-time basis or for 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 of Administrative Services or the local contract review board, as applicable, that describes the proposed contracting procedure, 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 in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary of State or the office of the 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 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 setforth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of 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 ill 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 2798.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. (5) Public notice of the 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 contracting 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.103 fSdJ OAR 137-047-0285 Special Procurements' (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 137~047M0300. 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 oj the Contract. (3) Protest. An Affected Person may protest the requestfor approval oj a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0700. . Form #9 - Special Procurement - Request for Approval, Page 4 of 4,7/29/2009 ~A' CITY RECORDER Page 1/1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 ~;'_~~~.-' ';DA~E~~~~~-,'=?,: "';':~~)R0jNUMB-ER:..';',1;:1 7/30/2009 09117 VENDOR: 002071 EVERGREEN JOB & SAFETY 309 KNOCH AVE SUSANVILLE, CA 96130 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Mike Morrison Confirming? No ,Y<rJaht~"l ~;.lUiiif~) '.' '. .~ . - -" ~~:'f'~""2 - ~:-- .:~: '-~~:. [DescriDfiorl-'::~'~.T - - , - :";,:;';-rL-_':, . ~ ~'-:"Unitil~'riCe..c._ ! jExt;~RrTti('-;~~J .. - .c - - -'- - ........ Safety Training - Public Works - FY 22,198.08 2010, Special Procurement approved by City Council for a three year term beginning July 1, 2009 and ending June 30, 2012. SUBTOTAL 22 198.08 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 22,198.08 ASHLAND, OR 97520 "~oumrNunl"De~'f;ft ~~5.lP,rOjeci~-umbE!r.'f;l%;-T~ ~~}ZDrAmoum:ITI~l1h~ [~'~~~otint:Nun;peri~!M ~?5FIp.rojecl1Number~~ f~:~S;'~~~A"'mountYfd~)&f! IE 41 0.08.24.00.61 040 22 1 98.08 ~~. ~J~? Autho d Signatvre VENDOR COPY FO~ #10 I CONTRACT APPROVAL REQUEST FORM CITY Of ASHLAND Contractor/Consultant: /c G.)., /7 . ~ _ M . tC- (/ cbY t3-r ae ~t. 'ij--'"/-t2 "I- UA5(C-CI'--fr) - /'" I . ,__ lid" Per attached contract II r:JJY1 r I 7 PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process Total Amount ~'- :....,.Z- _ _"-.";: J~w.::I~. ~."~ ;.:.;.rk.....:.;,;. --~~. i;..-::~: '';<1"41 , .. _'"'11 ..., "., '. ~ ',',.'- "f'{., {P ".'" " -'.. .. 11 !f$'i?~'>;yq'?i}-''iJ>6 ::~ll ; .:':- - ~>;.~~ :,~':!, ':". -:'l;::~, '.U :' ". '< ',.-'~.-;'"il ___.._~_ __. ..... .il D Exempt from Competitive Biddina D Invitation to Bid (Copies on file) D Emeraencv Reason for exemption: D Written findings attached D Quote or Proposal attached D Small Procurement & Personal Services D Reauest for Proposal (Copies on file) Cooperative Procurement Less than $5,000 Please check one: D State of Oregon Note: Total contract amount, including any D Goods & Services Contract # amendments may not exceed $6,000 D Personal Services D State at Washington Intermediate Procurement D Sole Source Contract # GOODS & SERVICES D Written findings attached D other government agency contract $5,000 to $75,000 D Quote or Proposal attached Agency -. , Contract # D 131 Written Quotes /" D Interagency Contract PERSONAL SERVICES Er Snecial Procurement (L~ ,pJ---f\gency $5,000 to $50.000 ~ritten findings attached ~..-vc D (3) Written Proposals Quote or Proposal attached .(1 '-<J& ,fontrac! # y Have all public contracting requirements been satisfied? If""" -::3 ys- - YES ,..._______ NO If "NO", Cily Council approval is required. City Council approval was received on Have funds been budgeted for the purpose of this contract? YES ~/ (Date) NO If "NO", City Council approval is required. City Council approval was received on ~I't? &fi3 :zqJ &0 c;.Ul,y~ Please provide: Account NumberG5'o-UJ-fi a7&6.L31!? ~~~ ./ . 6'1/ O':VP7&tP6tfl6 ~d-CI Is the amount of the contract less than $25,000? YES N,O _ ~ L If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on ,? 6' .-( t' - O'loate) (.4 iJ / /-<.-.?-1~ ------ (Date) Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? Is the contract for a period of 24-months or less? NO If "NO", City Council approval is required. City Council approval was received on ~j-."q ~ 0'1 (Date) NO .~ If "NO", City Council approval is required. City Council approval was received on Q..~ -f} ~ (Date) Completion date: t:J.:; -;3..e> - / :::z- YES YES Start date:'c 1- tfl (-tJ7-t} . ( Can the contract be terminated for convenience thirty (30) or fewer days following delivery of written notice to the contractor? Please provide terms: Prepared by: Department: Date: Form #10 - Contrac!Approval Request Form, Page 1 of 1, 10/2009 A request for a Purchase Order REQUISITION FORM / CITY OF ASHLAND ':.7/S/2'009ti;,: . Date of Request: ,~.. .~~. "_ THIS REQUEST IS A: D Chsnge Order(existing PO # Required Date of Delivery/Service: ~'J;~~rc.:~~f1~ Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name Everareen Job & Safetv 309 Knoch Ave. Susanville, Ca, 96130 Tel: (530) 257-7812 Fax: (530) 257-8266 Doug Lindstrom SOLICITATION PROCESS Small Procurement D Less than $5,000 D Quotes (Not required) D Sole Source D Written findings allached D Invitation to Bid (Copies on fiie) Intermediate Procurement D (3) Wrilten Quotes (Copies attached) Cooperative Procurement D State of OR/WA contract D Other govemment agency contract D Copy of contract attached ro osal D Contract # D Emeroencv D Written findings allached Description of SERVICES Third year of a thre contraet for qSHA required safety ., 0 .-c- tramm . 2J--1P~.LL~/ .-y~ ~",_.y~."",~ ~ (-, ~.. 1:8:1. Per attached PROPOSAL $:"-c (..L. C r-PLL A..-L. Total Cost r' '. 1 . ;;z.,p. / q G ; 9 $ . ~., ..t:! l . _' __ . '. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost , TOTAL: COSTe: 0 Per attached QUOTE - ,r ~ ~<'.~;:~~~i;(~,; . '~~'J'"".;.....;.,~ ;~>~it:';, ~fj:,17l;~:::: , "!(>~.~'r~' ':'-:':~.\~~~:~7, Project Number . $ - - - - - - - - - ....2: _ ~_.,,' .''','...._,...-.--'_.''- Account Number 41 0,08,24.00,61 0400 . Items and services must be charged to the appropriate account numbers lor the financials to reflect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. Employee Signature: ~/ ~ I Supervisor/Dept Head Signature: ~W(~L G: Finance\Procedure\AP\Forms\Les Schwab '10.doc Updated on: 7/8/2009 .