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Contract - 04-11-2017 - 8678 - Contract Completion for 911 PBX Phone System.AS -8678 Motion Items 5. BOCC Agenda Meeting Date: 04/11/2017 Contract Completion for 9 -1 -1 PBX Phone System Submitted For: Matt Hanson, Purchasing Services Submitted By: Matt Hanson, Purchasing Services Department: Purchasing Services Information Subject and Summary Statement On February 15th, 2017 Cowlitz County used the small works roster to solicit quotes from contractors for the installation of a new PBX phone system for the 9 -1 -1 backup site at the County Administration Building. On March 14th 2017 the County Commissioners signed a contract with the contractor who supplied the lowest quote for the installation, Day Wireless Systems. The work was executed in accordance with project plans and specifications. All equipment and materials use to complete the work conform to the criteria outlined by the project specifications. The project is now satisfactorily complete. Will Staff Attend Y / N 9 -1 -1 Director will attend Department Recommendation Both the 9 -1 -1 Director and Purchasing Manager recommend approval of this contract completion. Fiscal Impact Expenditure Required $: 7488.72 Budget Sufficient Y -N: y Amendment Required Y -N: n Source of Funds - Fund /Dept.: 535100/41201 Grant Y -N: n contract and invoice letter Inbox Dana Gigler Matt Hanson (Originator) Dana Gigler Matt Hanson (Originator) Dana Gigler Deanna Wells Matt Hanson (Originator) Clerk of the Board Form Started By: Matt Hanson Attachments Form Review Reviewed By Date Matt Hanson 04/04/2017 12:37 PM Matt Hanson 04104/2017 12:38 PM Matt Hanson 04104/2017 12:46 PM Matt Hanson 04/0412017 02:56 PM Dana Gigler 04105/2017 08:36 AM Deanna Wells 04/05/2017 05:29 PM Matt Hanson 04/06/2017 08:56 AM Tiffany Ostreim 04/06/2017 11:38 AM Started On: 04/04/2017 12:17 PM Y\TZ CO& r` Purchasing Services0o 207 Fourth Ave. North RM 100 Manager Kelso, WA 98626 Denise Van Riper, Head TEL(360)577 -3032 Secretary FAX(360)423 -9987 www.co.cowlitzma.usgSHINGto Matt Enser. Purchasing Services H. Matt Hanson, April 4th, 2016 Manager Denise Van Riper, Head Secretary Jim Duggan, Print Services Matt Enser. Brandi Kvices Mail DAY Wireless Systemsrviessec 39 International Way Longview, WA 98632 Board of County Commissioners Arne Mortensen District 1 Dennis P. Weber District 2 Joe Gardner District 3 SUBJECT: Contract Completion for the 9 -1 -1 PBX Phone System Installation Project, Contract 001 -2017 Dear Mr. Enser: We have received certification from Cowlitz County Information Technology Department that you have satisfactorily completed your contract for the 9 -1 -1 PBX Phone System Installation Project. Therefore, we accept your contract as being complete. Very truly yours, Board of County Commissioners Cowlitz County, Washington Gardner, m eouN n ennis P. Weber, Commissioner O bps "g?' Arne Mortensen, Commissioner A ET ST: Tiffan strei , Clerk of the Board DAYS WIRELESS SYSTEMS Customer No.: 28956 BILL TO: Attn: Accounts Payable Cowlitz Cc - Contract Office of Financial Management 207 -4th Ave N Room 308 Kelso, WA 98626 Phone:(360) 577 -3065 Ext.: Dropped Off By /Carrier: Deanna Wells Contract No.: 6362 -00 Service Requested: Back up project DAY WIRELESS SYSTEMS (03) 39 International Way Longview, WA 98632 Tel: 360- 423 -3690 Fax: 360- 425 -8350 SERVICE REPORT /JOB TICKET 432156 Received: 3/14/17 Item Number: PHONE SYSTEM Completed: 3/27/17 Description: FEEDBACK CANCELLER Called: Date: Tech No.: 29800 Unit /LOC. /Vehicle: POSITRON SYSTEM Serial Numbers 261POSITRON Part No. /DescriDtion OFSEATING SUPPLIEDperating Supplies CAT6 MISC PARTS Service Performed pvw Cowlitz system telecom, Traced cabling, ran new cables to phone system. PVW -TRUCE DRIVER - TRANSPORT PARTS TO AND FROM SITE. PVW- TELRCOM TECH- INSTALLATION AND WIRING OF 6 ?ROME LINES FROM 2ND FLOOR TO 3RD FLOOR BACKUP 911 CENTER. TRAVEL TIME TO AND FROM LOCATION. PVW- TBLECOM- FINISH WIREMOLD INSTALLATION AND TIE DOWN CABLES. aA EquZp^^< AA ' SEND PAYMENT TO: Day Management Corporation PO Box 22169 Milwaukie, OR 97269 CAS INVOICE: 432156 Page: 1 CUSTOMER PO: Contract / 00 -2017 INVOICE DATE: 3/29/17 TEOMS: NET 30 DUE DATE: 4/28/17 Comp NA Current Customer Locati SHIP TO: Cowlitz County - 911 312 SW FIRST Kelso WA 98626 Authorized By: Service Location: Customer Accessories: no Tag No.: Parts 1,809.26 Tech Svc 51124.74 Total SVC c 6,934.00 Freight .00 Tax 554.72 Total Due 7,488.72 Customer No.: 28956 Shop No.: 1101 Invoice No.: 432156 Total Due: 71488.72 Due Date: 4/26/17 1 1,275.00 1 394.26 1 140.00 Parts 1,809.26 Tech Svc 51124.74 Total SVC c 6,934.00 Freight .00 Tax 554.72 Total Due 7,488.72 Customer No.: 28956 Shop No.: 1101 Invoice No.: 432156 Total Due: 71488.72 Due Date: 4/26/17 DAY EMBLEM BYBT=B {03} 39 International Nay 23 2 DAY Tel: 360-423-3690 Fax: 360- 425 -8350 WIRELESS sysrrus Customer Messages 25 NBF Charge -204 Restocking Fee -1.5t Late Fee PAPERLESS BILLING is Availablel Email your Customer p to paperlesobilling adaywireleas.com INVOICE: 432156 Page: 2 CUSTOMER PO: Contract M 001 -2017 INVOICE DATE: 3/29/17 TMX8i NET 30 DOE DATES 4/20/17 SERVICE REPORT /JOB TICKET 432156 Customer No.: 28956 Cowlitz Cc - Contract Customer Messages 25 NBF Charge -204 Restocking Fee -1.5t Late Fee PAPERLESS BILLING is Availablel Email your Customer p to paperlesobilling adaywireleas.com INVOICE: 432156 Page: 2 CUSTOMER PO: Contract M 001 -2017 INVOICE DATE: 3/29/17 TMX8i NET 30 DOE DATES 4/20/17 AS•B612 Motion Items 4. BOCC Agenda Meeting Date: 03/1412017 Small Works Roster quote and contract for PBX phone Installation for 9-1 -1 Submitted For Matt Hanson, Purchasing Services Submitted By: Matt Hanson, Purchasing Services Department: Purchasing Services Information Subject and Summary Statement Cowlitz County 9 -1 -1 needs a new PBX phone system to be installed at the 9 -1 -1 backup site at the County Administration Building. The small works roster was used to solicit quotes from contractors. Multiple contractors were solicited, Day Wireless of Longview supplied a low quote for $6934. Will Staff Attend Y / N Director of 9 -1 -1 will attend Department Recommendation Purchasing Manager and 9 -1 -1 Director recommend the Board of County Commissioners approve this contract. Fiscal Impact Expenditure Required $: 6934 Budget Sufficient Y -N: y Amendment Required Y•N: n Source of Funds • Fund /Dept : 535100/41201 Grant Y-N: n Attachments Form Review Inbox Reviav+ad By Data Dana Gigler Dana Gigler 0310812 017 03:26 PM Matt Henson (Originator) Matt Hanson 0310912017 08:57 AM Clark of the Board Trad Jackson 0310812017 08:69 AM Form Started By: Matt Hanson Started On: 03108401712:45 PM Final Approval Date: 03/0912017 OZ CO& t PERSONAL SERVICES AGREEMQAV " Contract Number: 601-2017 THIS AGREB*W is artered Into between COWLITE COUNTY, a polk l aubdvision of the Sta6e of Washington, (herehner cabled "County" or "Comb county") and Name: Day Wireless Address: 39 InWratlonal Way LonNew WA. 98632 Plane N°: 380-!23,3690 he elnalter called "Contractor•. This Ag:eeinent is Compiaed of: Attachment A — Soope of Work AUKhMent 6 — OWPU a OW Attachment C — General CondHlons Ataachment D — Special Tsars and Conddm and PAUreiviv Status Farm (signahn required) Adkiv ent E — (WKI (y) Response to SmaN Waft Rester request " 01-2017 Copks of Wt" are attached hereto and moorporated herein by this reference as If MIv set fbRh. The term of this Agreement shall commence on the fifteenth day of March 2017 and shall, unkss V900W as provided elsewhere In the Agreement, terminate on the fifteenth day of March, 2017. IN WITNESS WHEREOP, the pattles have executed this Agrenrtrent on this fount ab day of March 2017. CONTRA , rr Title' Date: _ -20/7 TTITa1 w,rn. 201 ver• 31 ` $ C L aAMrr ro asrrrraax.ewr a ruMgrYnrtlail PERSONAL SERVICES AGREEMENT ATTACHMENT A The contractor agrees to complete the professional services work on the Cowlitz County, as described below (or In the attached document), Including the following elements: 911 will be purchasing one PBX Panasonic small business office KXTA824, eight phones KXT7730, and expansion card KXTA- 82483, or equivalent functions, pricing and capabilities, The equipment will be Installed and copper phone lines pulled from the Century Link demarcation at the County Administration building to the 911 backup site room In the I.T. Department on the 3r4 floor. The successful bidder will be responsible for Installing the PBX which Includes connections to six Century Link dedicated phone lines, and eight landline phones from the Century link demarcation. PBX must perform at a 9999 service level upon completion In the event the Contractor, or Its agents or assigns, are unable to complete their work as scheduled, the contract period and compensation may be adjusted by mutual agreement of the County and Contractor, ATTACHMENT A Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENTS 1. ® as FIXED FEE FOR SERVICE: For services rendered, the County shag pay to the Contractor a fixed fee of six thousand nine hundred and thirty four DOLLARS ( ;6934) for the completed work set forth In Attachment "A. ". Payments for compiled tasks shall be made no more frequently than bl- monthly; quarterly; semi - annually; annually; ® at completion of project, other (specify) . Each request for payment shall be supported by an Invoke specifying the tasks completed up to the request for payment and the payment amount requested. In no event shall payment be sought In an amount which represents a percentage of the fee greater than the percentage of completed tasks. OR be HOURLY RATES: For services rendered, the County shall compensate the Contractor at the following hourly rates: N8me1P0AWW Hourly Rein Payments for completed tasks shall be made no more frequently than monthly; quarterly; semi- annually; annually; at completion of project; other (specify) . Each request for payment shall be supported by an invoke specifying: the name/position of the Contractoes employee If two or more are identified above, number of hours worked; completed tasks for which compensation is sought and; payment amount requested. In no event shall Contractor be compensated In excess of six thousand nine hundred and thirty four DOLLARS for the completed work set forth In Attachment "A." 2. AND a. The compensation set forth herein Includes, without limitation: labor, materials, equipment, travel, telephone, computer, copiers and the like. OR b. The County shall reimburse the Contractor for actual expenses Incurred for travel, telephone, copiers and computer. Reimbursement for airfare, mlhrage, meals and /or accommodations shall be at the same rate as that applicable to county employees traveling on county business. OR C. Other (specify) The County, in addition to the compensation herin set forth shall provide to the Contactor the following: ATTACHMENT B Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT C contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business tours. 81 Madly. Either party may request changes In the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 9. Termination for Default, If the Contractor defaults by falling to perform any of the obligations of the corltract or becomes Insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the contractor in the U.S. Mall, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. if the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor agrees to bear any extra expenses incurred by the County in completing the work, Including all Increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been Issued and It is later determined for any reason that the Contractor was not In default, the rights and obligations of the parties shall be the same as if the notice of termination had been Issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Termination for Public Convenience. The County may terminate the contract In whole or in part whenever the County determines, in Its sole discretion that such termination is In the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment In the contract price for partially completed Items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 11, Termination Due to InsufNgient Funds If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate upon thirty (30) days written notice to the Contractor. No penalty or expense shall accrue to the County In the event this provision applies. 12. Termination Procedure. The following provisions apply In the event that this Agreement is terminated: a) The Contractor shall cease to perform an services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b) The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c) If the Agreement has been terminated for default, the County may withhold a sum from the final payyment to the Contractor that the County determines necessary to protect itself against loss or liability. v -Li IJ g1 1 FI 1'&l I lit JORAITA Lk 11 4 M' 11• 1 1' liN •1.1 14 1 1 1 •1 11. 11' 1 I 11 1 •I1 ATTACHMENT C Page 2 PERSONAL SERVICES AGREEMENT ATTACHMENT 1. Stone of ConbIdgeS Services The Contractor agrees to provide to the County services and any materials set forth In the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein. 2. Accounting and BnmW for CantaKtm Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated In Attachment B, the County will not reimburse the Contractor for any costs or expenses Incurred by the Contractor In the performance of this contract. 3. Contractor's services are deemed personal and no portion of this contract may be delegated or subcontracted to any other Individual, firm or entity without the express and prior written approval of the County Project Manager. 4. Independent Contractor. The Contractor's services shall be furnished by the Contractor as an codependent contractor and nothing herein contained shall be construed to create a relationship of employer /employee or master /servant. The Contractor acknowledges that the entire compensation for this Agreement Is specified In Attachment B and the Contractor Is not entitled to any county benefits including, but not limited loo: vacation pay, holiday pay, sick leave pay, medical, dental or other Insurance benefits, or any other rights or privileges afforded to Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report ail Income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. In the event that either the state or federal government determines that an employer /employee or master /servant relationship exists rather than an Independent contractor relationship such that Cowlitz County Is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed. Notwithstanding any determination by the state or federal government that an employer /employee or master /servant relationship exists, the Contractor, Its officers, employees and agents, shall not be entitled to any benefits which Cowgtz County provides to its employees. S. No Guarantee of Emn ent. The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. VVU.01atw1onwrements This Agreement shall be subject to all federal, state and local laws, R(ght to Review. This contract Is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. Such review may occur with or without notice, and may Include, but Is not IbnRed to, on-sba inspection by County agents or employees, Inspection of all records or other materials which the County deemseitt to the Agreement and Its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six (6) years after ATTACHMENT C page i PERSONAL ATTACHMENT C 1 I- 1 1 1 l 1!. A 1 1 1 1 Y• 1 ICI LYI' 1 I: 1. Y , _ _ If 111 1 .. 1 .! 1 li 1' 1 Y 1 U A 1 J 1 1 1 i•1 1 q 1 a 1 IY 1 1 V 1 y C YGIe 11 1 f 1 - I- `b i 111 e'..1 1 I ku L. u 1 l iii \1 \.. 1 4 111 pl I .Y LI 1 1 L VV 1 CI VI •' 1 i11 1 1' 1 LI { 1 1 1 1 I 1 I1 14, Industrial Insurance Walver, With respect to the performance of this Agreement and as to claims against the County, Its appppointed and elected officers, agents and employees, the Contractor expressly waives Its immu%n under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to Its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend Worry claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waterer Is mutually negotiated by the parties to this Agreement. 15, venue and Choice of Law. In the event that any litigation should arise concerning the construction or Interpretatlon of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington. 16, Withhnoldina yment. Tn the event the County Project Manager deternines that the Contractor has failed to perform any obligation under this Agreement within the tines set forth In this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor W termination or damages provided that the County promptly gives notice in writing to the Contractor of the nature of the derauit or failure to perform, and in no case more than ten (10) days after It determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor ads within the times and In strict accord with the provision of the Disputes douse of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or defauR, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or Incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County hander this clause. 17. Rlahts and Remedies, The duties and obligations Imposed by this Agreement and the rights and remedies available hereunder shall be In addition to and not a limitation of any duties, obligations, rights and remedies otherwise Imposed or available bylaw. ATTACHMENT C Page 3 ATTACHMENT C 0mm ql -111y I. I • r r • CI e I 1 • „ I y 19. PatantfCoffimW Inhir=a1mg, Contractor will defend, krdemnly and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, Including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all dalms and demands upon the County, Its elected or appointed officials or employees for damages because of the Contractor's alleged infringement on a tent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees In any action. Such defense and payments are conditioned upon the following: a) That Contractor shall be notified promptly In writing by County of any notice of such dakn. b) Contractor shall have the right, hereunder, at Its option and expense, to obtain for the County the right to continue using the Information, In the event such claim of infringement, Is made, provided no reduction in performance or loss results to the County. 20. ft: a) Differences between the Conbactor and the County, eat under and by virtue of the wntract documents shag be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The rowrds, orders, rulings, instnvdions, an; M t the County Project Manager shag Nnal and conclusive thirty th of meiling unleor otherwise funtshes to the County Project a wnitker notice a of appeal shall Include facts, law, aumenwhy tfie concltrsbns of the County Project Manager are in error. I I • . . - - I rALAL MI 1 1 . 11:• 11 1 1 1• . • IC • : 1 1 • 1 I it b) Notice of Pohrntlal Claims. The Contractor shah not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shah set forth the reasons for which the Contractor believes additional compensation or extension of time Is dire, the nature of the cast Involved, and Insofar as possible, the amount of the potential claim. Contractor shall keep full and com late daily records of the work performed, labor and material used, and all costa and additional time claimed to be additional. c) Detailed Claim. The Contractor shah not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, ATTACHMENT C Page 4 PERSONAL SERVICES AGREEMENT ATTACHMENTC 1 1 .i IL1 1 A 1 LL 11 1' I 1 11 r• 1 • 1 II I 111irh11 Il tillt ',•.• IY,G,I :.i! .Il i!l G f 1 11 : 1. . 4 L 1 1 1 1 11 y 1 1 1 1 1: 1 1 11 1 1 l 1111 1 1 11: YI• •I 1, 1: 11 1 oil 1 > 11' 1 . 11 - D IL YYI- 1 11' 1 1 : YII 1. 6 1. : I 1 1 r 1 1 1 1 I 11 „ 11 1 11 V 11 11 1 fi 1 IIG I 1• 1 a) Correspondence, smalls, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product In the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Acl; Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to It unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with rest to any request for public records received by the County related to the services performed under this Contract. BLIP . - 1 1 11 4• 1 1. ,YI « 1 to f 11. A 1 :.1 1 • J 1! 1 1 -' 1 1' y M I n • I l r l :. • 1• 1 111 : I - I • 1 1 Y1. I 1 1 1 1 1 1 • 1 .• 1 :..1 I I if Id. 1• 1 • r r. I . 11 : 1 1... .0 •a 1 w,cc 1 1 • c) Contractor's fallure to timely provide such records upon demand shall be deemed a mateNal breach of this Contract. To the extent that the County Incurs any monetary penalties, attomeys' fees, and/or any other expenses as a result of such breach, Contractor shall fully Indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the temps " pubic records" and "agency" shall have the same meaning as defined by Chapter 4156 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement. 1 1! 4 1 I i fr 1 1 ATTACII C page 5 AGREEMENT ATTACHMENT C Interest shall accrue at the rate of 12 percent (12%) per annum from the time the County Project Manager demands repayment of funds. 23. Project The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager. For purposes of this Agreement, the County Project Manager Is: Name: Deanna wells Title: Director Department: 9 -1 -1 Address: 312 SW 1'r Ave. Kelso WA 98626 Telephone: 360-4145517 E -mall: WellsdOco.cowlitz.Wa.us Fax: In the event there Is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contracboes right to appeal that decision as provided herein. l .I. ,. , I - ,. p Ir , .. .. - , -c ` . cl, , , 25. Subcontradars, In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor Is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall Insure that in all subcontracts entered Into, County is named as an express third -party beneficiary of such contracts with full rights as such. 26. Third Party Beneficiaries, This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties. 27. Standard of Cam. The Contractor shall perform its duties hereunder In a manner consistent with that degree of care and skill ordinarily exercised by members of the some profession as Contractor currently practicing under similar circumstances, The Contractor shall, without additional compensation, correct those services not meeting such a standard. 28. Tkne is of the Essence. Time Is of the essence In the performance of this contract unless a more specific time period is set forth In either the Special Terms and Conditions or Scope of Work 29. fldo. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address Ideril fled on the signature page. 30. Severabil . If any tern or condition of this contract or the application thereof to any person(s) or circumstances Is held Invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the Invalid term, condRlon or application. To this end, the terms and conditions of this contract are declared severable. 31, Pit • In the event of Inconsistency In this Agreement, unless othawlse provided herein, the Inconsistency shall be resolved by giving precedence In the following order: a) Applicable federal, state and local statutes, ordinances and regulations; b) Scope of Work (Attachment A) and Compensation (Attachment 6); ATTACHMENT C Page 6 AGREEMENT ATTACHMENT C c) Special Terms and Conditions (Attachment D); and d) General Conditions (Attachment C). 32. y(b Waterer of any breach or condition of this contract shall riot be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waked, modified or deleted except by an Instrument, in writing, signed by the parties hereto. 33. n,y IOSI In the event that Ing party shall be entitled to be paid reasonable attorney fees. QnsftLKVM This agrimml: has been mutually reviewed and negotiated by the parties and shouU be given a fair and reasonable Interpretation and should not be construed less favorably agalW1 either party, 35. Survival. Without being exclusive, Paragraphs 4, 7, 13491 21 -22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of Invalidity of this Agreement In whole or In part. Any other paragraphs of this Agreement which, by their sense and context, are Intended tD survive shall also survive. 36. Entire Aomement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. ATTACHMENT Page 7 ATI`ACAiWNT , PERSONAL SERVICES AGRKMENT SPECIAL r_ : CONDIMNS AND RET]IIIIIJEMENT 5rA3VS FORM 8"d., .. The Contractor shall submit written progress reports to the County Prcje:. Manager as set forth below: With each request for payment. Monthly. Quarterly. Semi-annually. Annually. Project completion. Other (specify) Progress reports shall Include, at a minimum, the following: Reports shall indude any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope or Work, N any. Payments may be withheld if reports are not submitted. 2. Insurance. The Contractor shall maintain In full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage Insurance with companies or through sources approved by the state Insurance commissioner pursuant to RCW T1tle 48, as now or hereafter amended. The County, Its appointed and elected officials, agents and employees, shall be specifically named as additional Insureds In a policy with the same company which Insures the Contractor or by endorsement to an existing polity or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily Injury, including death. $1,000,000 per occurrence Property damage $1,000,000 per occurrence ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tall). $ per occurrence WORKERS COMPENSATION: Statutory amount AUTOMOBILE: coverage on owned, non- owned, rented and hired vehicles Bodily Injury, liability, including death $1,000,000 per occurrence Property damage liability $1,000,000 per occurrence ATTACHMENT D page 1 AGREEMENT ATTACHMENT D All Contractor's and Contractor's subcontractors' insurance policies and additional namedInsuredendorsementsshallprovideprimaryInsurancecoverageandbenon - contributory. AnyInsurance, sdf4nsured retention, deductible, risk retention or insurance pooling maintained orparticipatedInbytheCountyshallbeexcessandnotcontributorytosuchInsurepolles. All Contractor's and Contractor's subcontractors' liability Insurance policies must be endorsedtoshowthisprimarycoverage. Upon request, the Contractor shall provide a full and complete certified copy of all requestedInsurancepoliciestotheCounty, The County reserves then right, but not the obligation, to reejectf an Insurance ppolicies which fallfall to meet limits, endorsements, hmentt, Additiomal , the County reserves the right, but not the obligation, to review and reject anyproposedInsurerprovidingcoveragebasedupontheInsurer's financial condition or licensingstatusInWashington. Any deductibles and /or self- Insured retentions exceeding $10 00o, stoplossprovisions, and /or exclusions contained in such policies must be approved by K Countyinwriting. For any deductibles or self - insured retentions exceeding $10,000 or any stop -lossProvisions, the County shall have the right to request and review the Contractor's most recentannualfinancialreportsandauditedfinancialstatementsasaconditionofapproval, Contractor hereby agrees to a waive subrogation with respect to each Insurance policymaintainedunderthisAgreement. When required by an Insurer, or If a pocky condition doesnotpermitContractortoenterIntoapre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the Insurer and obtain such endorsement. This requirement shall not apply to any policy which Includes a condition expressly prohibitingwaiverofsubrogationbytheinsuredorwhichvokiscoverageshouldtheContractorenterinto such a waiver of subrogation on a pre-loss basis. The County, Its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor's and Contractor's subcontractors' Insurance polkles by way of endorsement for the full available limits of Insurance maintained by the Contractor and subcontractor, and all coverage shall be primaryandnon- contributory. A statement or notation of additional Insured status on a Certificate ofInsuranceshallnotsatisfytheserequirements. 17h1s e+robrsernWt &1wgrrot be regulmdlfthe Contractor Is a governmental entity and is Insured through a goremmerrtel enHly risk poolautharizeo'by the State of Wash /ngion.] The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self - insured retentions and endorsements and which Is conditioned upon the County receivingthirty (30) days prior written notice of reduction In coverages, cancellation or non - renewal. Each Certificate of Insurance and all Insurance notices shall be provided to: ATTN: Risk Manager, Cowlitz County Administrative Svc. 207 4th Ave. N., Kelso, WA 98626, This Agreement shall be vo/d ab kift If the proof ot`coverage Is not timely supplied. The Insurance maintained under this Agreement shall not in any manner limit or qualify theliabilitiesorobligationsoftheContractorunderthisAgreement. All Insurance policydeductiblesandself- Insured retentions for policies maintained under this Agreement shall bepaidbytheContractor. Compensation and/or payments due to the Contractor under this Agreement are expresslyconditionedupontheContractor's strict compliance with all Insurance requirements6 payment to the Contractor shall be suspended In the event of non - compliance. Upon receipt of evidence of Contractor's compliance, payments not otherwise subject to withholding or set -offwillbereleasedtotheContractor. This Agreement shall be HWd ab Mille If the proof of coverage is not timely supplied. ATTACHMENT D Page 2 L. . . L, If F ATTACHMENT D Pays 3 la ; 4 1 I ATTACHMENT D 1 2. t C 1 `I i..r! Till:' I i .7 Id7 .' , ,1 1 -J 4:.It .3. L. :.'J.P I c1 1 1 ' 1 ' 1' 11 SECTION 1: INDIVIDUAL CONTRACTOR COMPLETEs THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems? YES NO Did you retire before age 65 using the 2008 early retirement factors (ERF)? YES NO WIII you be receiving direct compensation for your services? YES NO WIII you be receiving indirect compensatlon for your services? YES NO CONTRACTOR (Full, individual name of contractor): Signature: Social Security No. : SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: Use Member Reporting VeriRoallon (MRV) to verify the part retirement memberehip) 1. Contractor has bent a member of a Washington State Retirement System YES NO If YES, what system and plan? Teachers' Retirement System (TRS) Planl Plan 2 Plan 3 School Employees! Retirement System (SERB) Plan 2 Plan 3 Public Emp"es' Retirement System (PERS) Plan 1 Plan 2 Plan 3 Public Safety Employees' Retirement System (PSERS) Plan 2 law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) El Plan 1 r] Plan 2 Washington State Patrol Retirement System (WSPRS) Plan 1 Plan 2 Judicial Retirement System (JRS) 2. Is the contractor a retiree of a Washington State Retirement System? Yes No 3. Did the contractor retire before age 65 using the 2008 ERF? Yes No I have verified the Information above using MRV or by contacting DRS, and I have evaluated the Individual Contractor, Independent Contractor or Service Provider under WAC 415-02 -110 and/or DRS Form -MS 344 R 5/09), and the Internal Revenue Service rules governing independent contractor status. COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE: Signature: Date: ATTACHMENT D Page 4 RETURN QUOTES TO: Cowlitz County Purchasing 207 N. Fourth Ave. RM 308 Kelso WA. 98626 COWLIn COUNTY SMALL WORKS ROSTER RFQ # 014017 PROJECT: PBXINBTALLATION PURCHASING MANAGER; Matt Hanson Acting ror9 -1 -1 Deanna Wells) DATE: PHONE: 360.577 -3032 x-6856 FAX: 360.423 -9987 All quotes must be submitted in accordance with the terms and conditions and prevailing wage requirements attached and in accordance with any additional specifications or drawings included as part of this Request for Quotation, WORK TO BE PERFORMED AT; 207N.414 Ave.RM.307, QUOTATIONS MUST BE PAXBD,&MAILED OR DELIVERED TO Kelso WA, 90626 THE PURCHASE00 SERVICES OFFICE ON OR BEFORE: 11:00 AM March lot 201 NOTES QUOTES WILL ONLY BE ACCEPTED FROM CONfRACCORS WHO ARE BOTH USTM ON COWLITZ COUNTY'S SMALL WORKS ROSTER AND REGISTERED WITH THE STATE OF WASHINGTON AT TIM TIME OF BED OPENING. Having carefully examined all specifications prepared by Cowlitz County, sa well as Oro premises and conditions affecting the work, the Undersigned proposes to furnish all labor, equipment, and materials and perform all work, which price is hereby designated as to the total Proposal Price for all necessary work. Item # Description Est. Unit Price Total 911 will be ptuchBeing one PBX Panasonic small bushteas office KX- O TA8249 eight phones KX- T7730, and expansion card KXTA - 82483, or equivalent functions, pricing and Capabilities. The equipment will be Installed and copper phone lines puffed from the Century Link demarcation at the County Administration building to the 911 backup she room in the I.T. Department on the 3'd floor. The successful bidder will be responsible for Inetelffng the PBX which Includes connections to six Century Unit dedicated phone line, and eight landllne phones from the Century link demarcation. PBX must perform at a 9899 service level upon completion. TOTAL BID These forme must be completed and returned with the quote: Subcontractor's Participation Form 8.0% sale lox will be Personnel Workforce Data Form add) Certification of NowSegregated FaeilitieslNon- Colluslon & Debarment Affidavit Addenda No, acknowled WASHINCTON STATE SALES TAX RATS APPLICABLE TOTIII PLRASECOMPLIrMWAPPUCAB18t MBR W08 RBQUEST_9,a_# WASHINGTON SSTAAIRjCBRIWM: YSS_„ft0 WORK OUARAWMEDTo BE COMPLETED AS SPECIFIED IN TILE BID DOCUMENTS WASHINGTON STATE CONTRAcToRBLICaNsEN Cry; GOs7CI.resJ aTA'Ce?"21P. 3 2--- Usl Not BmMI AdAxm:M NSL R ru[t Ld5 M PAS: CMWW Ike in MRw infomwlon fix mm of The iWOM PS buoMxeo 6114 IYPM. IeNvWuMw Cerpenlreem S MM Setwily AtoWlhaeWn w IMeroY Rwmlle&rvlm. BOLE PROPRIBM' Burbmo Owmes Nome Burins Owwr'e SocW Socu1ilyNumbw PARTNBRBNIP: Nnme ofPemmmMp Pustraph o Bmpiolw WmdlkMMn oldLi' T'i] corn CiiS:L4 PS{ T7'T[;:P.AIir;C179 Yd'd rS Qa(H;L:kTIIiZGl1. Small WoM RPQ N0. DBAlawiwm w'hxle Nrme (It eppllcehb) SUBCONTRACTORS PARTICIPATION FORM for PUBLIC WORKS CONTRACTS Check appropriate statement below: IM Our firm will perform an kecontractedscopeofworkfob. Our firm will subcontract a portion of than work tasks, The following firms were contacted and will be utilized in the performance of the wore as Indicated below. List all potential suboontracting firm. Do not mark "N /A" unless the Bidder will perform all work or provide all supplies or services for this contract. Firm Name/Addresaftone Work Itam(s) Solicited Proposal Amount Awarded? Mauna) 1. List full name, address, and phone number of each firm listed to be utilized. 2, Liat specific work to be accomplished, supplies to be furnished and the amount proposed for oath subcontract. 3, Contact tthhe Cowlitz County Contract issuing Officer at (360) 3M4114*5S17 you have questions. BY: Y! ( - DATE: Vii_ t PHONBs L . Y23 ',? 6'F00 This page must be returned with the itootee Small Works RPQ NO, Firm Name 1_ ll?lA.t 1A)tk#QL&A X.l 1U oiect om lu I)M+j """ Vi Aol? Phone No. N °r pol i " p Contract Work Hours (Estimate) Type of Service Provided 3a1.Q aOy 4h l m ' C A OV7 CONTRACTOR'S ENTIRE WORK FORCE - if you need additional space, photo copy this section and attach it to this form. This page must be returned with the quote. Smail WorksMNO. eseseseeeees e iii MMIMMEMIMME NONE IMEME EMISIMS! mom MINIOMMISIMMIME mom M MINE IMMINE ME on 4 Pt INIE IES MINMEMIN M N M MIM'. MENOMONEE NONE NIM.E M N.MI This page must be returned with the quote. Smail WorksMNO. 1fio contractor cmifiw that no ugrcgated acgitlas ere maintained and will not be maintained during the execution of this contract at my of contractor's establishments. The contractor further cerdfies that now of the contractoM employees ere permitted to perform their services at my location under the contmcior s control dudngthelifeofIWecontrwt%iima4 ak4racilitieaarem iitakmd. 7hncontrectorcenifiesautherthethewillnotmaintainorprovhleforldsemployeer mysevegetedfodligaatanyorhisenebliehments, and tbmhewill not pemdt bisemployces to peRormdtekrenicrare enyloustion, underhiscontroi, where segregated fadikks Am maintained, The connector ngma that a branch of this certification is a violation of the Equal Opportunity clause in this centers. As used In this certification, the terou sagrepnedfacilities" means anywailingreoma, workman, mu momeand wuhmoms, reraumm mdothereating races, 11meclocks,Wckxmormmdoiber stomp dressing was putting lots, drinking fountains, Mortationerentereanmern army, mamponntion, and lousing lbcaitksprovidel f arempinyceswhich are segregated by explicit directive or Am In foot segregated m the basis of mce, seed, color or national nation, became of habit, local custom, or otherwise. 7lue commctoragnes that ldemical certifications from proposed contractors will beobmined prior to the award of tiny subcontracts. Conblaor will retain copy of my subconewoes cenigcadan and will wad original to Pardoning Services Office. a. 4W a. _ lWn IF ,. 11) '.;71 ;,,:..r CAu' ri a 1, the undersigned, having cerefidly examined the lnviuulon to Bids propose to fumisb rmterinla, equipment, cuppliusmdfor services asset forth herein. Being first duly sworn, on my oath, I hereby certify that thin proposal is genuine and not a sham or extensive proposal, or made in time hat"A or on beholfof any person not therein named; and have not directlyar indirectly induced or solicited any contmeororsuppiieran the above workto put In Ashamproposaior any person arcorporation to refrain from submitting u proposal; and that I have am in any manner sought by collusion to secure to myself an advantage over any other contractor(n) or pecum(a). I Wither cedify that, except as noted below, the firm, association or corporation or any parson in acoNmliing capacity associated therewith or any position involving the administration of federal funds; is not currently tinder suspension, debarment, voluntary exclusions or deemdnation of eligibility by any federal agency; Imo not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the put three years; does not have a proposed debarment pending; and has not been Indicted, convicted or had a civtijudgement rendered egaimt sold person, Firm, association or corpare9on by a court of competent jurisdiction to any matter involving fraud or official misconduct within the last three years, Exceptions will not necessarily result In denial of Award, but will be considered In determining bidder responsibility. For my exception noted, indicate above to whom it applios, initiating agency, and dates of action. providing false Information may result in criminal prosecution or Administrative sanctions. A mspending or debarring official may grunt an exception permitting a debarred, mspemled, or excluded person to participate in o padlcular transaction upon a written determination by such official siting the renson(s) for deviating from the Presidential policy established by Executive Order 12549.. " (49CFR Pan 29 Section 29,215). Y`4khRele sre ets Cont ctor's Registered Niune SignSignature of person uthorized to enter contractual agreements iYi(hrTN , %ass 4 sz Printed Name /title 7%ho page must be returned with the quote, Small Works RFQ NO. 2 28111 Date