7/20/2016

Deschutes County Board of Commissioners

1300 NW Wall St., Suite 200, Bend, OR 97701-1960

(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org

AGENDA REQUEST & STAFF REPORT

For Board Business Meeting of July 27, 2016 _____________________________

DATE: July 18, 2016

FROM: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 541-617-3369

TITLE OF AGENDA ITEM:

Consideration of Board Signature of Deschutes CountyServices Contract No. # 2016-340, to perform

vehicle builds and install law enforcement equipment on sixteen Sheriffs Office vehicles.

PUBLIC HEARING ON THIS DATE? No.

BACKGROUND AND POLICY IMPLICATIONS:

The Sheriffs Office intends to contract with Auto Additions to complete sixteen (16) vehicle builds

during FY 2017. A vehicle build is the industry term for the process of installing law enforcement

equipment to stock vehicles and convert the vehicles to law enforcement patrol vehicles. Auto

Additions installs lights, light bars, prisoner cages and radio equipment.

Auto Additions was selected by the Sheriffs Office in 2013 to continue vehicle builds after an informal

bid process. Informal quotes were not solicited in 2016 because Auto Additions is currently the only

emergency equipment assembly and installation company in the State of Oregon with certified

Emergency Vehicle Technicians (EVTs). Auto Additions is also the only certified Whelen CanTrol

(Whelan Engineering Companys Siren and Light Control System) dealer in Oregon. Other emergency

equipment assembly and installation companies are unable to meet the standards of the Sheriffs Office,

and present liability issues in their lacking of certified EVTs and authorizations to deal specialized

equipment.

FISCAL IMPLICATIONS:

The Sheriffs Office will pay a total of $180,957.50 for the sixteen vehicle builds.

RECOMMENDATION & ACTION REQUESTED:

Sign document 2016-340 for the vehicle builds.

ATTENDANCE: Peter Martin, Sheriffs Office Automotive Supervisor

Julie Lovrien, Sheriffs Office Legal Administrative Assistant

DISTRIBUTION OF DOCUMENTS:

Call or email Julie Lovrien (x4857) when a copy is ready for pick up.

http://www.deschutes.org/

DESCHUTES COUNTY SERVICES CONTRACT

DOCUMENT NO. 2016-340

This Contract Is between DESCHUTES COUNTY, by and through \he Sheriff. Office, (County) and AUTO ADDITIONS (Contractor). The partfes agree IS follows:

EffectIve Datil and Termination D.... The effective date of this Contract shall be July 1, 2016 or the date In which all parties have signed thl. Contract, whichever Is later. Unless extended or termilatad eartIer In accordance with lIB terms, this Contract shaN terminate when County accepts Contracta's compJelBd performance or on June 30, 2017, wIh the option to renew for three additional one-y8W terms, upon the approval cl both parties. Con1ract termination shan not extinguish or prefudk:e County's right tD enforce this Contract wfth respect to any default by ConCractor that has not been cured.

sutement of Work. Contractor ahall perform the work described In exhibit 1 and 1-A. payment for Work. County agrees to pay Contractor In accordance with Exhbt 1and 1-A. Contract Docum.... This Contract Includes Page 1-8 and exhibits 1, 1-A, 2, 3 and 4.

CONTRACTOR DATA AND SIGNATURE Contractor Addreaa: 3925 Fairview Industrial Dr SE, Ste 150, Salem, OR 97302 Federal Tax 10# or SocIal Security #: 93-1186792 la Contractor a nonresident alien? Dves ~ No Business Designation (check one): 0 Sole Proprietorship o Partnershipt8I Corporation-for profit 0 Corporatlon-non-profit o Other, descr1be A Federal tax 10 number or Social Security number is required to be provided by the Contractor and shall be used for the administratIOn of state, federal and local tax laws. Payment Wtformatlon shall be reported to the Internal Revenue ServIce under the name and Federal tax ID number or, If none, the SocIal Security number provided above.

I have read this Contnlct Including the attached Exhibits. r understand thl. Comr.ct and 118'" to be bound by Its tenntl. NOTE: ~tracto~ sign exhibits 3 and 4.

&:/~. 8(1 fV\Ma.a,.r temt~ rf\ ~I lOe.n::)G;i) TItle 1/'2 \11lo Name (please print Date I

DESCHUTES COUNTY SIGNATURE

Contracts with 8 maximum consideration of not greater than '25,000 are not valid and not binding on the County until

signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration

greater than $25,000 but less than $160,000 are not valid and not binding on the County until' signed by the County

Administrator or the Board cl County Commissioners.

FOR SHERIFF'S OFFICE: FOR BOARD OF COUN1Y COMISSIONERS:

_ "'::"iI.lL..=-+-_-' 2016 Dated this of ______-', 2016

Alan Unger, Chair

Tammy Baney, Vice Chair

Attest: Anthony DeBona, Commissioner

Recording Seaetary

Page 1 of 14 - Services Contract NO. 2016-340

Automobile Liability insurance with a combined single limit of not less than :

Per Occurrence 0" $500,000 o $1,000,000 o $2,000,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include: plumbers, electricians or construction contractors. An example of an acceptable personal automobile policy is a contractor who is a sole proprietor who does not own vehicles registered to the business. 0" Required by County 0 Not required by County (one box must be checked)

Additional Requirements. Contractor shall pay all deductibles and self-insured retentions. A cross-liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of loss.

Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed Contract. Contractor shall notify the County in writing at least 30 days in advance of any cancellation, termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or self-insured retention. If requested, complete copies of insurance policies shall be provided to the County.

Page 11 of 14 - Services Contract No. 2016-340

EXHIBIT 3

DESCHUTES COUNTY SERVICES CONTRACT

Contract No. 2016-340

CERTIFICATION 8T~TEMENT fOR CORPORATION

QR INDEPENDENT CONTRACIOfS

Nom: CPntractor Shill Cpmpltt! A or 8 In !dditJon to C below:

A. CONTRACTOR IS A CORPORATION LIMITED UABIUTY COMPANY OR A PARTNERSHIP. r certify under pen.1ty of perjury that Contractor Ie (check oneJ:

~pon}J J-imlted.JJab1l1ty Company 0 Partnership authorized to diesl~ In the State of Oregon.

_~~. AtLf '''''uHay C -2.tJL(q

Sigfla fe Title

B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR. Contractor certffI.. und.r penalty 0/1 perjury that the following etatemente ... true:

1. If Contractor performed labor or services aa an Independent Contractor last ~, Contractor filed federal and state income tax retums fait year In the name of the business (or filed a Schedule C In the name of the business 88 part at a personal Income tax return), I!!!!

2. Contractor represents to the public that the tabor or services Contractor provides are provided by an Independently estabUshed business registered wtth the State of Ofegon, !lid

3. All of the statementl checked below are true.

NOTE: Check all that apply. You 'hall chtcIc at Iwt ibM (3) to ....bl..h that you .... _ V A. Ind.panc.t.nt Contractor .1\ The labor or aervlce8 I perform are primarily carried out at a location that Is separate from my

residence or primarily carried out In a specific portion of my residence that is set aside as the location of the business.

I bear the r1sk at loss related to the business or provision of services as shown by factors such as: (8) ftxed-price agreements; (b) correcting defective worK; (c) warranties over the services or (d) indemnlflcetlon agreements, liability insurance, performance bonds or professional liabilty Insurance.

I hava made significant Investment In the busineas through means such as: (a) purchasing nacessary tool. or equipment; (b) paying for the premises 01' facilities where services are provided; or (c) paying for licenses. certIfIcatea or specialized training.

..LC.

I have the authority to hire other persons to prOVide or to assist In providing the services and If necessary to fire such persons.

LO. Each year I perform labor or services for at least two different parsons or antities or I routinely engage In business advertising. solicitation or other marketing efforts reasonably calcuiatecI to obtain new contracts to provide similar services.

~E.

a-~. Contractor Signature Data

Page 12 of 14 - ServIces Contract No. 2016-340

http:Ind.panc.t.nt

C. RepreHntatIon and W ...........

Contractor certlflu under penalty of perjury that the following statements are true to the best of Contractor's knowledge:

1. Contractor has the pcMW and authority to enter Into and perform thle COIltract;

2. Thia contract, when executed and delivered. shaB be a valid and binding obligation of Contractor enforceable In acc::ordance with Its terms:

3. The aervic:es under this Contract shall be performed In 8 good and workmanlike manner and In accordance wtth the highest prof8lllona1 standards; and

4. Contractor shall. at all times during the term of this contract, be qualified, profasaionally competent. and duly IIcertsed to perform the HI'VIceI.

5. To the beat of Contractor's knowledge, Contractor at not in violation of any tax II1W5 described in ORS 305.380(4),

6. Contractor understands that Contraetor II ....ponsible for any federal or state taxes applicable to any conslderallon and payments paid to ContraclDr under this contract; and

7. Contractor hu not dilcrimlnated against minority, women or small businesl enterprises In obtaining any requlreclsubcontracts.

Contractor Signature Date

Page 13 of 14 Servicea Contract No. 2016-340

Exhibit .. DE8CHUTESCOUNTY8E~CE8CONTRACT

Contract No. 2011-340

CompHanee with proyIalone. requll'8l1'HM1ts of fundlngflOUrceand

Fede"'and State Iawa, ,,&dell. rul.., Ngulatlo .., executive ordera and pone ....

Confllcta of Inte,...t

Contractor certIftea unci.,. .....tty of peljuty that the following ......... a.. true to the .... of Contractor's knowledge:

1. If Contractor is currently performing wor1< for the County. State of Oregon or federal government. Contractor. by signature to this Contract, declares and certifies that Contractor's Work to be performed under this Conlract creates no potential or actual conflict of Interast 88 definad by ORB 244 and no rulee or reguiatlone of Contractor's employee agency (County State or Federal) would prohibit Contractor's Work und.. this Contract. Contractor I. not an "officer," -employee: or "agenr of the County, 88 thole term. are used In ORS30.265.

2. No federally appropriated fundI have been paid or shall be paid. by or on behalf of Contractor, to any person for Influencing or attempting to Influence an officer or empfa,w of any agency, a member of Congress. an officer or employee cI Congrae or an employee of a member of Congress In connection with the awarding fA any federal contract, the making of any federal grant. the making of any federal loan, the entering Into of any cooperative agreement, and the extension. continuation, renewal, amendment, or modification at any federal contract, grant, loan, or cooperative agreement. a. If any fundi other than fec:taraJ1y appropriated funds have been paid or shall be paid to any person for

Influencing or attempting to Inftuence an officer or employee of any agency. 8 member of COng....., an officer or employee of Congres or an employee fA a member of Congreea In connection with this federal contract. grant, loan. or cooperative agreement, ContractrJr agreae to complete and submit Standard Form-lLL "D1sci08ure Form to Report lobbying. In accordance with ita Instructions. 1) standard Form-LLL and InatructlDf1s are located in 46 CFR Part 93 Appendix B. 2) If instruction. require filing the form with the applicable federal entity. Contractor ahall than aa a

material condition of this Contract also file a copy of the Standard Form-LLL with the Department. 3) This tiling shall occur at the same time as the fliing in accordance with the Instructions.

b. Contractor understands thla certffICatIon Is a material representation c:I fact upon which the County and the Department has relied In entering Into thl. Contract. ConIractcr further under8tandsthat aubmlaslon r:I this certlf1cation Ie a prerequisil8, imposed by 31 USC 1352 for entering Into this Contract.

c. Any person who falls to fie the required certlfk:ation shall be subject to a cil1 penalty of not 1888 than $10,000 and not mora then $100,000 for each such failure.

d. Contractor ,hall include thelanguaga of this certification In the award documents for all sub-awards at all tiers (includIng subcontracls, aub-granta. and contracla under grants, loa,. and cooperatille agreements) and that alilUb-raciplents shell certify ana dladose accordingly.

e. Contractor 18 aoIeIy responsible for all lIabRIty ar1slng from a failure by Contraclor to comply wlth the term. of this certification.

f. Contractor prom1_ to Indemnify County for any damagea .uffered by County as a result of Contractor'. failure to comply with the terms fA this certlfIcatfon.

3. Contractor understands that. If this Contract Involves federally appropriated fundI, this certlftcalfon Is a material representation of facts upon whIch reliance was placed when this Con1ract was made 01 entered Into. subml8810n d this certification Is a prerequisite for make 01 entering Into this Contract imposed by SectIon 1352, TttIe 311. U.S. Code and that any parson who faYs to file the reqund certlftcallon ,hall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

Contractor Signature Date

Page 14 of 14 - services Contract No. 2016-340

Agenda Request Auto Additions 2016.pdfAuto Additions Document SummaryAuto Additions 2016