HomeMy WebLinkAbout2009-237 Contract - Quality Systems
.'
Contract for PERSONAL SERVICES less than $25,000
CITY Of
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Quality Systems Integration, Inc.
CONTACT: Brian Pahl
ADDRESS: 1307 Queen Anne Avenue, Medford, OR 97504
TELEPHONE: 541-840-3715
DATE AGREEMENT PREPARED: October 21, 2009 FAX:
BEGINNING DATE: October 29,2009 COMPLETION DATE: June 30, 2010
COMPENSATION: Hourly rate: $90.00, Not to exceed $10,000.00
SERVICES TO BE PROVIDED: Specialized and technical computer programming, troubleshooting and repair
services to support the SCADA (Supervisory Control and Data Acquisition) System at the WWTP. Special
Procurement aooroved bv Citv Council on October 20. 2009.
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaiuation, 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
capabiiity sufficient to perform the quaiity, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal wili 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
foliows:
1. Findings I 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 shali, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish ali 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 ali 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-iike manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, iicensed and bonded.
4. Completion Date: Consultant shali 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 shali pay Consuitant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Shouid the contract be prematureiy
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 shali 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 ali 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 ali employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and ali 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 shali not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, soleiy, and proximateiy caused by the negiigence of City.
10. Termination:
Contract for Personal Services, Revised 06/19/2009, Page 1 of 5
. 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
cond itions:
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 Consuitant 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 defauit or breach may at any time terminate
the whole or any part of this contract if Consuitant 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. Oblioation/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 Consuitant 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 empioyed 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 agreementJf Consuitant: 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 QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insoivency; 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
deiegate duties under, the Contract. .
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation 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 ciaim, 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.
_1 . d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
.. 3~C)lO $200,000, $500,000, $1.000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
~ including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or channe. There shall be no cancellation, material chanoe, reduction of limits or
Contract for Personal Services, Revised 06/19/2009, Page 2 of 5
'int~nt not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additionai 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 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 andlor 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 (andlor 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 tNSTANCE 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
HEISHE 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 incor orated b reference.
CONSULT AN CITY OF ASHLAND:
BY
FINANCE DI CTOR
BY
TITLE
~ Print N_ame
ne'S.;~}
DATE
DATE
A)~-J, [J )-ODc{
/ '
CONTRACT AWARD AND FINDINGS DETERMINED BY:
8y:
",.
City Department Head
Approved as to
form by Legal:
W-9
One copy of a W-9 is to be submitted
with the signed contract and it will be
kept on fiie in the Finance Department.
ACCOUNT #
6?~ ~ t3 (9 &-cJ 6 tJ c#tl-tJ
(For City purposes oniy)
PURCHASE ORDER #
62-18f
Contract for Personal Services, Revised 06/19/2009, Page 3 of 5
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:
x
~
~
"><
.
x
(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.
~Wk-
Contractor
}M, \~ }orf1
(Date)
Contract for Personal Services, Revised 06/19/2009, Page 4 of 5
ACORD", CERTIFICATE OF LIABILITY INSURANCE ~l DATE.
R045 11-09 2009
PI1CJDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BLACK WHITE & ASSOC OF NEVADA/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOUDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
556114 P: (B77)616-7497 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BElOW.
P 0 BOX 33015 INSURERS AFFORDING COVERAGE
SAN ANTONIO TX 78265
INSl/fIE. INSUAER '" Hartford Fire Ins Co
INSURER., Hartford Casualtv Ins Co
QUALITY SYSTEMS INTEGRATION INC. INSURERC:
1307 QUEEN ANNE AVE. INSURER 0:
MEDFORD OR 97504 INSURER E:
CDVERAGES
THE P<!0C1ES OF ~~S~~~r;E LISTED BELOW_ H_~~~ BEEf'!..!.SSUED TO THE IN~"!.~E~_~.~ED ABove FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONomON OF ANY CONTRACT OR OTHER DOCUMENT WJTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PEflTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH.
POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN ReDUCED BY PAID CLAIMS.
"!ill PCJL~Y NUMBER POllCY EFFECnVE PDuev EXPiRATfDN LIMITS
TVPE OF INSURANCE 0
~'fRALllABJ1JTY , EAcl-f.OCCURRs-.CE .1 000 000
A COMMERCIAL GB"JERAlllABlUTY 57 SBA FP3789 11/10/08 11/10/09 FIRE DAMAGE IAny en! Ilfel .300,000
- - 1.I::.I.AlMsMAOe_1KJ OCCUR ----------. -..----.. . - -.. --. ---. MED EXP IAny DM j:!erSllflI .10 000
X General Liab PERSONAL. & AOV INJURY .1 000 000
I- GENERAL AGGREGATE .2 000 000
ri'~ AGGREr; UMrr APfii ~EA; PFlODUCTS. COMPIOP AGG .2 000 000
POUCY ~W?T X LOr:
~utD4WOltE LIABILiTY COMBINED SINGLE UMIT . I
~y AUTO IEal1Cddentl
l-
I- AU. OWNED Autos BODilY INJUJlV
IPDrpersonl .
I- SCHEDULED AUTOS
I- HIRElJ AUTOS BODilY INJUFlV
IPeracddcntJ .
I- NON-OWNED Al.JTOS.
I- PROPERTY DAMAGE .
IPafilci:ldantl
RGEUAS'UTY AUTO ONl.Y - EA ACODENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AG" .
DEISS' /JAB/UTY EACH OCCURRENCE .
OCCUR 0 CLAIMS MADE AGGREGATE .
. I
R ~BJUcnBLE . I
RETENTION , . !
WORKERS COMPENSATION AND X LWC 5TATU~ I jOl.J1- I
i
B EMPLOYm5' UABIUTY 57 WEC GX7852 11/10/08 11/10/09 ,500 000 i
E.L EACH ACCIDENT
E.L DISEASE. EA EMPLOYEE .500 000
E.l. DISEASE - POLICY UMIT .500 000
.71IER
lJESCIU?71rJN OF OPERAT1ONS/t..OCATK1N~LESlEXt:LUSJONS ADDED BY ENIJDRSEMENTISPECIAL PRDVISIONS
Those usual to the Insured's Operations. Certificate Holder is an Additional I
Insured per the Business Liability Coverage Form SSOO08 attached to this
policy i
I
,
CERTIFICATE HOLDER I .x. I ADDmoNAl.INSURED: 1NstJRE/f LEITE": A CANCELLATIDN
I . SHOULD ANY OF THE ABOVE DESCRIBED POUl:IES aE l:ANCELLEO BEFORE THE
EXPIRATION DATE TH~EOF, THE ISSUING INSURER WIlL ENDEAVOR TO MAIL.
30 DAYS WRITTEN NOTICE (10 DAYS FOR NON.PAYMENT) TO THE CERTIFICATE
City of Ashland, HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL IMPOSe NO
DBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
90 N MOUNTAIN AVE REPRESENTATIVES.
ASHLAND , OR 97520
AUTIIOlIl SE/llTATIVE .
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ACORD 25-S 17/971
~ ACORD CORPORATION 19BB
Nov 05 2009 1:05PM
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CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPEClS.THE INtEREST OF lHE CER11FICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OlHERWJSE TERMINATED WITHOUT GMNG 18 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHAUo THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY'POLlCY DESCRIBED BELOW.
This certifies that 1:81 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomlngton, Illinois
o STATE FARM FIRE AND CASUAL TV COMPANY of Bloomington, IIrmois
D' STATE FARM COUNTY MU1UAL INSURANCE CO'Itf>1>..MY OF n:xAS of DaUas, Texas
o STATE FARM INDEMNITY COMPANY of BIoominglOl1, Illinois, or
o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois
has coverage in foR;e for the foUowing Named Insured as shown below:
Q
,
NAMED INSURED: OSI INCORPORA'J:ED c/o BRIAN PAUL ,
ADDRESS OF NAMED IN5URED: 1307 OUl;l1\I1 ~ J\1lE.' MEDFORD, ()R. 975D4
POLICY NUMBER 096-6383-A03-37A
EFFECTIVE DATE
OF POUCY 07/03/08
DESCRIPTION OF '
VEHICLE (lncfutlng V1N) 2008 Acura 'J:5X
LIABILITY COVERAGE I8lves ONe DYES DNO DYES oNO DYES DNO
LIMITS OF LIABILITY
'!. Bodily Injury ,
Each Persoo 100/
Each Acddent 300
b. Property Damage
Each Accident 100 ,
c. Bollily Injury &
Properly Damage
Single Limit
Each Accident 1001300/100 -
PHYSICAL DAMAGE 181 YES 000 DYES DNO DYES DNO DYES DNO
COVERAGES
a. Comorehenslve $100 Oeduclible $ DedlICtilllo $ !ledUdIl:*l $ Deductible
I8lYES ONe DYES 000 DYES DNO DYES DNO
b. Collision $500 Ded_ $ DeductiIlIe $ Dedu:lil*' S Deductible
EMPLOYERS NDf'J.OI\/NED DYES I8l NO DYES ONe DYES ONe DYES ONe
CAR UABfLITY COVERAGE
HIRED CAR UABIUTV DYES 18100 DYES oNO DYES 000 DYES ONe
COVERAGE
FLEET - COVERAGE FOR
AU OWNED AND UCENSED D-YES 181110 DYES DNO DYES oNO D 'YES DNO
MOTOR VEHICLES IK~\\~A. 1''1", h\//J f i,r::J.. HI;. .... t-$.SA5 20BO 1i/5/09
Slgnalu~of_ TiUe AgenI'\o Code Number Oat.
'f,.
Name anll Address of Ceiti1icale Holder
CI TY OJ!' l\S1ILl\ND
90 If MOUNTAIN AVE
ASHLAND, OR 97520
Name and Address of A
RUSSELL 11 1l1\llIIN, lIGEm
2382 1ir MllIII ST SOrrE B
MEDFORD, OR 91501
PHONE 5tl-776-8466
FAX 541-776-8473
INTERNAL STATE FARM USE ONLY: 0 Requeot pennanont Ca_ of InslnrtCe for liability coverage.
122_.3 _.1I7..2tl-2005 D!iR.........~H_lobe_8&anAddllo"'dlllSlO8d.
A' request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: l/tI-7-ofl
Required Date of DeliverylService: I I
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement Sole Source 0 Invitation to Bid
o Less than $5,000 Written findings attached (Copies on file)
o Quotes (Optional) Quote or ProDOsal attached
Coooerative Procurement 0 Reauest for Proposal
o State of ORIWA contract (Copies on file)
Intermediate Procurement o Other government agency contract 0 Special I Exempt
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies allached) 0 Quote or Prooosal attached
0 Contract # 0 Emerqencv
0 Written findings attached
0 Quote or Prooosal attached
Description of SERVICES
'10 t.."" ,,/-< O,N tJ tv rp
Total Cost
Sc/fO/f- SYs(("',.."
o Per attached PROPOSAL
~$
/OtJoo.oo
/, ,
,-,,,,,'
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
I
- - -- ,
o Per attached QUOTE
TOTAl:. COST
Project Number ______. ___
: $ .
Account Numbe~ 75'rl 1.12 . qf!. t Pf'./.P,P
'Items and services must be charged to the appropriate account numbers for the financials to reffect the actual expenditures accuratety.
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: :IJ~ ~
supervisorlDept. Head Signature:
Memo
DATE:
October 7, 2009
TO:
Terry Ellis, Public Works Superintendent
FROM:
David Gies, Wastewater Systems Supervisor
RE:
Written findings- Quality Systems Integration (QSI)
Background:
The City of Ashland's wastewater treatment plant is largely operated in automatic mode.
Our SCADA (Supervisory Control and Data Acuquistion) system controls most of the
plant. This is a very unique and complicated type of system. Quality Systems Integration
has been working on Ashland's SCADA system for many years and is very familiar with
the system and how it works. It is in the City of Ashland best interest to work with one
, company. To bring in multiply companies would not be economically feasible. Time
would be required to learn the system, thus costing the city money.
Procurement Procedures:
Since Quality Systems Integration has been working on the City of Ashland's SCADA
system for many years, we request to utilize it as a special procurement. Under Ashland
Municipal Code (AMC) 2.50.070 Procedure for Competitive Bids, item (1) (2) Contracts
for maintenance of computer hardware and software, we request to use Quality Systems
Integration. Attached you will find the letter from Quality Systems Integration stating the
cost of their service. Quality Systems Integration will honor this price for our current
budget year, 2009-10. Since the cost of the product fell under the intermediate
procurement guidelines ($5,000.00 and $74,999.00), the following recommendation is
made:
It is recommended that we utilize Quality Systems Integration to work on the City of
Ashland's SCADA system.
This request is for a blanket purchase order to cover the entire budget year 2009-10.
Funds were budgeted in WW Treatment under. Professional Services.
Thank you
David Gies
Wastewater Systems Supervisor
(10i7/2009) ba)/id Gies -Fwd: QSI Quote-
_._>------
Page 1 'I
From:
To:
Date:
Subject:
Ken Moser
giesd
10{7{2009 6:14 AM
Fwd: QSI Quote
>>> "Brian Pahl" <brian@lroauetechnaloav.net> 10/1/20096:08 PM >>>
Ken - Quote for wark for the current fiscal year for work by Quality Systems
Integration.
$90/hr.
Thanks!
Brian
8rian Pahl
Rogue Technology Solutions
Quality Systems Integration, Inc.
www.roauetechnoloav.net
541-840-3715
CITY OF
ASHLAND
REQUEST FOR APPROVAL
SPECIAL PROCUREMENT
To:
City Council, Local Contract Review Board
From:
Michael Faught, Public Works Director
David Gies, Waste Water Treatment Plant Supervisor
Date:
October 9;2009
Subject:
REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: '
Public Works Department. Waste Water Treatment Plant
2. Department Contact Name:
Michael Faught and David Gies
3. Type of Request:
Class Special Procurement
X Contract-specific Special Procurement
4. Time Period Requested: From
Upon approval
To:
06/30/2012
5. Total Estimated Cost:
FY 2010 - Not to exceed $10,000.00 (Hourlv rate $90.00)
Note: If all factors remain the same, an individual contract will be processed for each of the three fiscal vears.
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
The Personal Services - specialized and highly technical computer programming, troubleshooting and
repair services - are to be provided by Oualitv Systems Integration. These services are required to
support the SCADA (Supervisorv Control and Data Acquisition) svstem which is a verv unique
and complicated svstem that controls most of the Waste Water Treatment Plant. The intended services
will be utilized for recurring, emergencv and/or on an as needed basis to support the SCADA system.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice! Advertising, Solicitation(s), 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.
Direct Award
Form #9 - Special Procurement - Request for Approval, Page 1 of 4, 11/2012009
..
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Ouality Svstems Integration has been working on the City's WWTP SCADA system for many years
and has extensive knowledge' and experience with how this unique and sensitive system works. For
example, the OS! programmer wrote a program to set UP the WWTP pumps on "flow pace" instead of
"constant speed" so when the flow increases, the system adds more chemical and when the flow
decreases, the system adds less chemical vs. having "constant speed" which adds chemical
continuously.
Another reason that supports the need for this level of service is if the SCADA system were to gO
off-line. Going off-line could mean the plant will not run, pumps might not gO on and off. excessive
water could run into the creek or another issue and/or problem could occur. Anyone of these issues
and/or problems could cause the plant not to meet the permit limits and therefore could result in
costly fines to the City. Therefore, it is imperative that a potential issue and/or problem receive
immediate attention and be resolved in a manner that will keep the WWTP operating in a manner that
meets and/or exceeds the requirements of any and all associated permits.
The additional cost and labor associated with locating and/or training another potential individual
and/or firm could be costly with no guarantee that the services to be provided would meet and/or
exceed the current level of services being provided by OS1.
Staff highly recommends continuing to contract with Ouality Systems Integration because oftheir
extensive knowledge of the system and their proven ability and capabilities to immediately respond to
the needs of the WWTP.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for pnblic contracts because:
OS! has extensive knowledge ofthis unique and complicated system that runs most of the WWTP and
has the capabilities to respond immediatelv to the needs of the WWTP. And, the staff at the WWTP is
not aware of anv other individual and/or firm that have the extensive knowledge, highly technical
skills and capabilities to respond immediatelv to the needs of the WWTP.
(please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
x (b )(i) will result in substantial cost savings to the contracting agency or to the public because:
The additional cost and labor associated with locating and/or training another potential individual
and/or firm to provide these services could be costly with no guarantee that the services to be provided
would meet and/or exceed the current level of services being proyided by OS1.
(please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
x (b )(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 11/20/2009
Quality'Svstems Integration has extensive knowledge and experience working with the complicated
and sensitive svstem that runs most of the WWTP. Therefore, the cost and labor associated with
locating and training another contractor, with no guarantee that the level of service would meet and
exceed the current levels of services being provided bv OS!, would not be in the City's best interest.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Public Notice:
Pursuaut 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 Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods
or Services to be acquired 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.
Date Public Notice first appeared on www.ashland.or.us - (October 21.20097
"* PENDING APPROVAL OF CITY COUNCIL ON OCTOBER 20.2009'**
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication:
October 21. 2009
A request for approval of a Special Procurement was presented to and approved by the City COllllCil,
acting as the Local Contract Review Board, on October 2a, 2009.
The Contract-specific Special Procurement was processed to request approval to directly award a
contract to Quality Systems Integration for a term oftltree fiscal years expiring on June 30, 2012.
The Personal Services - specialized and highly teclmical computer programming, troubleshooting
and repair services - to be provided by Quality Systems Integration are required to support the
SCADA (Supervisory Control and Data Acquisition) system which is a very unique and
complicated system that controls most ofthe Waste Water Treatment Plant. The intended services
will be utilized for recurring, emergency and/or on an as needed basis to support the SCADA
system.
It has been determined based on written fmdings 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 279BAOO and OAR 137-047-0300. A written protest shall be delivered to the following
address: City of Ashland, Kari Olson, Purchasing, 90 N. Mountain Avenue, AsWand, OR 97520.
The seven (7) day protest period will expire at 5:00pm on October 28,2009.
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.
Form #9 - Special Procurement - Request for Approval, Page 3 of 4, 11/20/2009
1Qthority to enter into a Special Procurement:
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 Chapte; 137 Divisions 46 - 49, except/orllle/allowing:
G. Special procurements as setfOrth ORS 279B.085 and herein.
ORS 279B.085 Special procurements. (1) As used in this section and ORS 279B.400:
(a) "Class special procurement" means a contracting procedure that difftrsfrom the procedures described in ORS 279B.055,
279B.060, 279B.065 and 279B.070 and is for the purpose of entering 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.V55, 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 submit 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 set forth 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 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 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. 794 357; 2005 c.103
B8d]
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 137-047-0300. 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 request for approval of 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, 11/20/2009
~~,
CITY RECORDER
Page 1/1
CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
E~~~~lDA~E~~~:.::f~
t1:(i.~F.!0JN8MBER!~~]
11/20/2009
09319
VENDOR: 009353
QUALITY SYSTEMS INTEGRATION, QSI, INC.
1307 QUEEN ANNE AVE
MEDFORD, OR 97504
SHIP TO: Ashland WWTP
(541) 488-5348
1295 OAK STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Speciallnst:
Req. No.:
Depl.:
Contact: David Gies
Confirming? No
l!,"Q1ftfntTtV~ mn:rn'it0!2 r;~tf1&;g~~&~~tl~~~]~llt'~liJ)~I~j[fescriDticiOt~~~3ii~1.~l!:t5~if~~~&.lt~:t~1tJf~1;i1If~~IillttlFH~'ic~:4':~"{;i fj~~'E'~*Rrrcel*.~;-~"~
Computer programminq, troubleshootinq
and repair services to support the
SCADA system at the WWTP. The intended
services wiii be utilized for,
recurrinq, emergency andlor on an as
needed basis. Special Procurement
approved by City Council on October 20,
2009. Contract for Personal Services,
Beginning date: October 21,2009,
Compietion date: June 30, 2010
10,000.00
,
r
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
10 000.00
0.00
0.00
10,000.00
tt1ft'ACcouii'tfNumb~ ~~RroJect~Numb'er/1~:iT~ ~~~flAmoune?{~j t:-r~cc-o'untfNumbei~c h1 "i'p,}oject1Numl'''er,:.::12] ~D~'ffl?gm(fuiit~tf~
E 675.08. 1 9.00.6041 0 1 0 000.00
I~~
~ ~rizedtf!nature
VENDOR COPY
[ FORM ~10 I
CONTRACT APPROVAL REQUEST FORM
CITY OF
ASHLAND
Contractor/Consultant: i-f 4._ ({
/
ifper attached contract
Total Amount
)'~7 _f';?S--Y' -.e --oS' X.-c. r.t" ;9f4Y~' ,-"~j:::yj,'~~;,,"':": 1 "
"$'" /' (>7/ ' ".:'-""," '-G'
~,;:) ~,- g / . _~'-':"'-f'@":-"'c.;'cq'- ~_ r,f1!,-_ vi
o Small Procurement & Personal Services
Less than $5.000
Note: Total contract amount, including any
amendments may not exceed $6,000
Intermediate Procurement
GOODS & SERVICES
$5,000 to $75,000
o 3 Written Quotes
PERSONAL SERVICES
$5,000 to $50,000
o (3) Wrilten Proposais
PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process
o Exemot from Comoetitive Biddinq 0 Invitation to Bid (Copies on file) 0 Emerqencv
Reason for exemption: 0 Written findings attached
o Quote or Proposal attached
Coooerative Procurement
o State of Oregon
Contract #
o State of Washington
Contract #
o Other government agency contract
Agency
Contract #
.&J Interagency Contract
~gency
Contract #
o Request for Prooosal (Copies on file)
Please check one:
o Goods & Services
o Personal Services
o Sole Source
o Written findings attached
o Quote or Proposal attached
, S ecial Procuremen ",pp?-" I
Written findings attached V-;; U ,,<,
G3-'6uote or Proposal attached <0:.:7-0
Have all public contracting requirements been satisfied?
YES
l"----
NO
.::z," - C!1--9
/
(Date)
If "NO", City Councii approval is required. City Council approvai was received on C ?'
Have funds been budgeted for the purpose of this contract?
YES ~.
NO
if "NO", City Councii approvai is required. City Council approvai was received on
Please provide Account Numbe~ ?? ! fi /? '! t! ,~ ~ f!c ~t:?
(Date)
Is the amount of the contract less than $25,000?
YES
~.
NO
If "NO", Legai review is required. Contract was "Approved as to form" by the Legal Department on
IDate)
Is the amount of the contract less than $75,000 for Goods & Services
or $50,000 for Personal Services?
YES
~'
NO
If "NO", City Council approval is required. City Council approval was received on
(Date)
Isthe contract for a period of 24.months or less?
YES
v--
NO
If "NO", City Council approvai is required. City Council approval was received on
t"e?-;,:2-"' d 9 tO~-
Piease provide terms: Start date: (... / Completion date:
Can the contract be terminated for convenience thirty (30) or fewer days _____'
following delivery of written notice to the contractor? YES
(Date)
'54' -/'" CJ
NO
If "NO', City Council approval is required. City Council approval was received on
(Date)
COMMENTS:
zt:;?/.V f- ^ 'cr2
f7;:~~~f
/
PieaSeci~~ppro~ I Not Approved
~~ U""iJ=
Lee Tuneb~rg/ >A
Date: 1'/ ~~ '7
If'
Prepared by:
Department:
Date: