City of Albany, Oregon · Police Vehicle Lease/Purchase, Upfit Police Vehicles & Maintain Equipment RFP Page 5 2.4 ISSUING OFFICE AND CONTACT INFORMATION The Purchasing Coordinator

City of Albany, Oregon

REQUEST FOR PROPOSALS

POLICE VEHICLE LEASE/PURCHASE UPFIT POLICE VEHICLES AND MAINTAIN EQUIPMENT

Due Date: February 28, 2012

Submittal Location: City of Albany

Finance Department, Attn: Diane Wood

333 Broadalbin Street SW

Albany, OR 97321

Project Manager ............................................................... Captain Jeff Hinrichs Project Assistant .......................................................... Supervisor Norma Daily Purchasing Coordinator ................................................................... Diane Wood

For more information regarding this Request for Proposals, contact Diane Wood (541) 917-7522

POLICE DEPARTMENT

Police Vehicle Lease/Purchase, Upfit Police Vehicles & Maintain Equipment RFP Page 2

POLICE VEHICLE LEASE/PURCHASE PROVIDE AND INSTALL POLICE EQUIPMENT

MAINTENANCE

Table of Contents

SECTION 1: INVITATION ......................................................................................................3

SECTION 2: INTRODUCTION ...............................................................................................4

SECTION 3: PROPOSER REQUIREMENTS & SCOPE OF WORK...................................11

SECTION 4: INSTRUCTIONS TO PROPOSERS .................................................................14

SECTION 5: PROPOSAL EVALUATION ............................................................................18

SECTION 6: CONTRACT REQUIREMENTS ......................................................................20

ATTACHMENT A: FEE PROPOSAL ......................................................................................21

ATTACHMENT B: SAMPLE AGREEMENT .........................................................................23

ATTACHMENT C:

Declaration of Independent Contractor Status-Sole Proprietorship ...................28

Declaration of Independent Contractor Status-Corporation ..............................29

Declaration of Independent Contractor Status-Partnership ...............................30

ATTACHMENT D: UNIT PRICE PROPOSAL


CITY OF ALBANY REQUEST FOR PROPOSALS

POLICE VEHICLE LEASE/PURCHASE PROVIDE AND INSTALL POLICE EQUIPMENT

MAINTENANCE

Proposals Due at 4:00 p.m., Tuesday, February 28, 2012

The City of Albany Oregon, (City), is requesting proposals to provide leased and/or purchased police vehicles and to install and maintain specialized police equipment and emergency vehicle identification including visual warning devices, audible warning devices, communications equipment, specialized electronics equipment, firearms security mounts, prisoner transport cages and other required law enforcement vehicle accessories to meet the operational needs of the Albany Police Department. The requested services are to provide purchased or leased Police vehicles, provide and install specialized Police equipment, and maintain the equipment. Proposed contract term of two years, beginning approximately April 1, 2012, with the option to renew for three (3) additional, one-year terms upon agreement by both parties. The scope of work for the requested services includes the following:

Purchase or Lease Police Vehicles

Provide and Install Specialized Police Equipment

Maintain Installed Equipment

The Request for Proposals can be downloaded from the City of Albany Web site at http://www.cityofalbany.net/finance/bids. It is imperative that those who download the solicitation document check the Web site regularly for addenda and other notifications that may be pertinent. In addition, all proposers known by the City of Albany to have received a complete set of the proposal documents will receive notification when additional items are posted. Please email [email protected] to be added to the Interested Proposer’s list.

Proposals must be received in a sealed envelope, referencing “Police Vehicle Lease/Purchase RFP”, no later than 4:00 p.m., Tuesday, February 28, 2012, at the City of Albany, Finance Department, and addressed to the City of Albany, Finance Department, Attn: Diane Wood, Purchasing Coordinator, 333 Broadalbin Street SW, Albany, OR 97321. Facsimile proposals will not be accepted. Proposals received after the designated time and date will be returned unopened.

The City may reject any proposal not in compliance with all prescribed solicitation procedures.

DATED THIS 27TH DAY OF JANUARY 2012.

Diane M. Wood Purchasing Coordinator

PUBLISH: Albany Democrat-Herald, on Friday, January 27, 2012 Daily Journal of Commerce, on Friday, January 27, 2012


SECTION 2: INTRODUCTION

2.1 PURPOSE

The City of Albany is seeking vehicle purchase/lease programs tailored for law enforcement agencies. The Albany Police Department (APD) is requesting proposals for leased and purchased police vehicles; to upfit leased and non-leased vehicles with specialized equipment; and onsite weekly maintenance of the installed equipment. The Proposer shall acquire police vehicles according to specifications provided by the Albany Police Department at the best price for the City; upfit purchased, leased or owned vehicles with specialized equipment; determine the most economical lease company, be the liaison between the lease company and the City, assist the Albany Police Department with the vehicle lease agreement; and provide onsite weekly warranty work, requested repair, and maintenance on all specialized police vehicle equipment. The Proposer shall install specialized police equipment and emergency vehicle identification including visual warning devices, audible warning devices, communications equipment, specialized electronics equipment, firearms security mounts, prisoner transport cages and other required law enforcement vehicle accessories to meet the operational needs of the Albany Police Department. All patrol vehicles must be equipped identically, using the same equipment, technology, and configuration, to provide safety to the officers and the community.

2.2 CONTRACT TERM AND TYPE The City of Albany intends to award one contract as a result of this RFP. The proposed contract term is for two years, beginning approximately April 1, 2012, with the option to renew for three (3) additional, one-year terms upon agreement by both parties.

2.3 CITY BACKGROUND AND POLICE DEPARTMENT INFORMATION

The City of Albany is a municipal governmental entity providing a full range of services, including fire and police protection; sewer services; water services; construction and maintenance of highways, streets, and infrastructure; recreational activities, and cultural events.

Albany is located in the heart of the Willamette Valley, 24 miles south of Salem, the state capital, and 40 miles north of Eugene, the state’s second largest city. With a 2010 population of 50,158, Albany sits in both Linn and Benton Counties and is the county seat of Linn County. The City employs approximately 325 staff and is governed by a City Council comprised of six Councilors and the Mayor. The Council acts as the Local Contract Review Board for the City. With a diverse economic base Albany is experiencing growth common to the Willamette Valley, and is well poised to maximize the current growth potential. The Albany Police Department maintains a 46-vehicle fleet that includes 17 leased vehicles and 29 purchased vehicles. On average, vehicles are replaced every five years. The current onsite weekly maintenance normally takes about two hours to complete.


2.4 ISSUING OFFICE AND CONTACT INFORMATION

The Purchasing Coordinator in the Finance Department of the City will issue the Request for Proposal (RFP) document for the Albany Police Department and will be the sole point of contact for the City for all questions, concerns, and protests pertaining to this RFP. Phone: (541) 917-7522 E-mail: [email protected]

2.5 RFP SCHEDULE

The City anticipates the following general timeline for receiving and evaluating the proposals, selecting a Vendor and completing contract negotiations:

Issue RFP January 27, 2012 Submit changes or solicitation protests February 16, 2012, 2:00 p.m. Final addendums from the City February 23, 2012 Proposals due to City February 28, 2012, 4:00 p.m. Evaluations February 29 – March 2, 2012 Interviews (Optional) March 5 & 6, 2012 Council Approval March 14, 2012 Notice of Intent (NOI) to award March 15, 2012 Protest period March 15-22, 2012 Notice of Award/Execute Contract March 23-30, 2012 Notice to Proceed March 30, 2012 Commencement of Contract April 1, 2012

Every effort will be made to maintain this schedule. However, all dates are subject to change if it is deemed to be in the best interest of the City.

2.6 CHANGES TO THE SOLICITATION BY CITY ADDENDA

The City of Albany reserves the right to make changes to the RFP by written addendum, which shall be issued to all prospective Proposers known to the City of Albany to have received the Proposal Document. Proposers who have downloaded the RFP should check the Web site regularly for addenda or clarification and additional information. The City of Albany will evaluate any request for changes to the proposal submitted, but reserves the right to determine whether to accept the requested change. If, in the Purchasing Coordinator’s opinion, additional information or interpretation is necessary, such information will be supplied in the form of an Addendum as stated above. Any addenda shall have the same binding effect as though contained in the main body of the RFP. Oral instructions or information concerning the specifications of the project given out by City of Albany managers, employees, or agents to the prospective Proposers shall not bind the City of Albany.

a) Addenda will be e-mailed to all Interested Proposers known by the City of Albany to have received the Proposal Document.

b) All addenda, clarification, and interpretations will be posted on the City of Albany Web site,

www.cityofalbany.net/finance/bids.

c) No addenda will be issued later than the date set in the RFP Schedule, except an addendum, if necessary, postponing the date for receipt of Proposals, withdrawing the invitation, modifying elements of the Proposal resulting from a delayed process, or requesting additional information,


clarification, or revisions of Proposals leading to obtaining best offers or best and final offers.

d) Each Proposer shall ascertain, prior to submitting a Proposal, that the Proposer has received all addenda issued, and receipt of each Addendum shall be acknowledged in the appropriate location on each Addendum and included with the Proposal submittal.

2.7 PROTEST OF SOLICITATION DOCUMENT AND THE PROCUREMENT PROCESS

A prospective Proposer may protest the procurement process or the solicitation document for this RFP. A prospective Proposer must deliver a written protest to the Purchasing Coordinator no later than the date listed in the RFP Schedule. A prospective Proposer's written protest shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the protest was based. All protests must be in conformance with ORS 279B.405.

2.8 CONFIDENTIALITY

All information submitted by Proposers shall be public record and subject to disclosure pursuant to the Oregon Public Records Act, except such portions of the Proposals for which Proposer requests exception from disclosure consistent with Oregon Law. All requests shall be in writing, noting specifically which portion of the Proposal the Proposer requests exception from disclosure. Proposer shall not copyright, or cause to be copyrighted, any portion of any said document submitted to the City of Albany as a result of this RFP. Proposer should not mark the entire Proposal Document “Confidential.”

2.9 CANCELLATION

ORS 279B.100 provides for cancellation, rejection, or delay of proposals when the cancellation or rejection is in the best interest of the contracting agency as determined by the contracting agency. The City of Albany reserves the right to cancel award of this contract at any time before execution of the contract by both parties if cancellation is deemed to be in the City of Albany’s best interest. In no event shall the City of Albany have any liability for the cancellation of award.

2.10 LATE PROPOSALS

All Proposals that are not received by the deadline stated in the RFP Schedule will be considered late. Delays due to mail and/or delivery handling, including, but not limited to delays within City of Albany’s internal distribution systems, do not excuse the Proposer’s responsibility for submitting the Proposal to the correct location by the stated deadline.

2.11 DISPUTES

In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Albany shall be final and binding upon all parties.

2.12 PROPOSER REQUESTS INTERPRETATION OF RFP DOCUMENTS

a) Proposers shall promptly notify the City of Albany of any ambiguity, inconsistency or error,

which they may discover upon examination of the Proposal Documents. b) Proposers requiring clarification or interpretation of the Proposal Documents shall make a

written request for same to the Purchasing Coordinator. c) The City of Albany shall make interpretations, corrections, or changes of the Proposal


Documents in writing by published addenda. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes.

d) Should any doubt or difference of opinion arise between the City of Albany and a Proposer as

to the items to be furnished hereunder or the interpretation of the provisions of this solicitation, the decision of the City of Albany shall be final and binding upon all parties.

2.13 PROPOSER REQUESTS FOR ADDITIONAL INFORMATION

Requests for information regarding City of Albany services, programs, or personnel, or any other information shall be submitted in writing directly to the Purchasing Coordinator. Answers shall be provided to all Proposers of record on the date that answers are available.

2.14 COMPETITION

Respondents are encouraged to comment, either with their Proposals or at any other time, in writing, on any specification or requirement within this RFP, which the respondent believes, will inordinately limit competition.

2.15 COMPLAINTS AND INEQUITIES

Any complaints or perceived inequities related to this RFP or award of work referenced herein shall be in writing and directed to the Purchasing Coordinator at the address listed in the Invitation and shall be received no later than the date listed in the RFP Schedule. Such submittals will be reviewed upon receipt and will be answered in writing.

2.16 COST OF RFP AND ASSOCIATED RESPONSES

This RFP does not commit the City of Albany to paying any costs incurred by any Proposer in the submission or presentation of a Proposal, or in making the necessary studies for the preparation thereof. Responses to this solicitation are purely voluntary. Proposers shall not include any such expenses as part of their Proposals.

2.17 CITY TO REQUEST CLARIFICATION, ADDITIONAL RESEARCH, & REVISIONS

a) The City of Albany reserves the right to obtain clarification of any point in a Proposal or to

obtain additional information necessary to properly evaluate a particular Proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in a finding that the Proposer is non-responsive and consequent rejection of the Proposal.

b) The City of Albany may obtain information from any legal source for clarification of any

Proposal or for information on any Proposer. The City of Albany need not inform the Proposer of any intent to perform additional research in this respect or of any information thereby received.

c) The City of Albany may perform, at its sole option, investigations of the responsible

Proposer. Information may include, but shall not necessarily be limited to credit history, recent financial statements, current litigation, bonding capacity and related history, and contacting references. All such documents, if requested by the City of Albany, become part of the public records and may be disclosed accordingly.

d) The City of Albany reserves the right to request revisions of Proposals after the submission of

Proposals and before award for the purpose of obtaining best offers or best and final offers.


2.18 REJECTION OF PROPOSALS The City of Albany reserves the right to reject any or all Proposals received as a result of this request. Proposals may be rejected for one or more of the following reasons, including but not limited to: a) Failure of the Proposer to adhere to one or more of the provisions established in this RFP. b) Failure of the Proposer to submit a Proposal in the format specified herein. c) Failure of the Proposer to submit a Proposal within the time requirements established herein. d) Failure of the Proposer to adhere to ethical and professional standards before, during, or

following the Proposal process. The City of Albany may reject any Proposal not in compliance with all prescribed public procurement procedures and requirements, and may reject for good cause any or all Proposals upon a finding of the City of Albany that it is in the public interest to do so. 2.19 MODIFICATION OR WITHDRAWAL OF PROPOSAL BY PROPOSER a) A Proposal may not be modified, withdrawn, or canceled by the Proposer for 60 (sixty)

calendar days following the time and date designated for the receipt of Proposals. b) Prior to the time and date designated for receipt of Proposals, Proposals submitted early may

be modified or withdrawn only by notice to the City of Albany Purchasing Coordinator, at the Proposal submittal location, prior to the time designated for receipt of Proposals. Such notice shall be in writing over the signature of the Proposer. All such communications shall be so worded as not to reveal the amount of the original Proposal or any other material contents of the original Proposal.

c) Withdrawn Proposals may be resubmitted up to the time designated for the receipt of

Proposals provided that they are then fully in conformance with the instructions to Proposers. 2.20 PROPOSAL OWNERSHIP

a) All Proposals submitted become and remain the property of the City of Albany and, as such, are considered public information and subject to public disclosure within the context of the federal Freedom of Information Act and Oregon Revised Statutes (ORS) 192.501 and ORS 192.502, public records exempt from disclosure.

b) Unless certain pages or specific information are specifically marked "proprietary" and qualify

as such within the context of the regulations stated in the preceding paragraph, the City of Albany shall make available to any person requesting information through the City of Albany's processes for disclosure of public records, any and all information submitted as a result of this solicitation without obtaining permission from any Proposer to do so after the Notice of Intent to award has been released.


2.21 DURATION OF PROPOSAL

Proposal prices, terms and conditions shall be firm for a period of at least ninety (90) days from the deadline for receipt of submittal. The successful Proposal shall not be subject to future price escalation or changes of terms if accepted during the ninety (90) day period. Price decreases or changes in terms by others after the acceptance of a Proposal will not be considered. 2.22 AFFIRMATIVE ACTION/NONDISCRIMINATION By submitting a Proposal, the Proposer agrees to comply with the Fair Labor Standard Act, Civil Rights Act of 1964, Executive Order 11246, Fair Employment Practices, Equal Employment Opportunity Act, Americans with Disabilities Act, and Oregon Revised Statutes. By submitting a Proposal, the Proposer specifically certifies, under penalty of perjury, that the Proposer has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts. 2.23 DISCLAIMER OF WARRANTY AND COSTS Neither the City, nor its officers, agents nor employees are liable for any cost incurred by Proposer(s) prior to issuance of an agreement or Notice to Proceed. All prospective Proposer(s) who participate in the RFP process or respond to a City RFP do so solely at the Proposer's cost and expense.

2.24 NOTIFICATION OF INTENT (NOI) TO AWARD

All responsive and evaluated respondents to this RFP will be notified of the Selection Committee's recommendation and the City's intent to award an agreement not less than seven (7) days prior to award of agreement. The notice of intent to award an agreement will be directed to the person who has signed the Proposal on behalf of the Proposer.

2.25 PROTEST OF INTENT TO AWARD

A Proposer may protest the award of a contract or the intent to award such a contract, whichever occurs first, if the following conditions are satisfied: (1) The Proposer must be adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful; (2) The reason for the protest is that all the lower bids or higher ranked Proposals are non-responsive; (3) The City has failed to conduct the evaluation of Proposals in accordance with the criteria or processes described in the Solicitation Document; (4) The City has abused its discretion in rejecting the protestor's bid as non-responsive; (5) The City's evaluation of the Proposals or the subsequent determination of award is otherwise in violation of ORS 279B.410. The Proposer must deliver the written protest to the Purchasing Coordinator within seven days after issuance of Notice of Intent to Award. A Proposer's written protest shall specify the grounds for protest. The City shall not consider a Proposer's contract award protest submitted after the above time line.

2.26 SAMPLE AGREEMENT

A Sample Agreement is included in the RFP documents as Attachment B. If an agreement is awarded, it will closely approximate this document and will include "supporting documents." The "supporting documents" will include, but are not limited to, the RFP document, the Proposer's written Proposal, any required certificate, and all other documents incorporated by reference therein. Proposers are encouraged to review the sample agreement with their legal counsel, insurance agent/broker, and contract administrators and comment on any areas of concern in the Introductory Letter submitted with the Proposal. A Proposer may not condition its Proposal on execution of any Agreement it submits. Any such condition may result in rejection of the Proposal.


2.27 NOTICE TO PROCEED

Work under the Agreement may not begin until the Notice to Proceed has been issued. The City will issue the Notice to Proceed after execution of the Contract. The Notice to Proceed will state the date work under the Agreement shall begin.

2.28 DISCRIMINATION IN CONTRACTING PROHIBITED

Albany encourages the participation of Target Businesses. These businesses are defined as Disadvantaged, Minority-Owned, Women-Owned, and Emerging Small Businesses (DMWESB) certified by the State of Oregon (OMWESB), and businesses certified as Small Disadvantaged Businesses by the Small Business Administration. Proposers may not discriminate in the award of a subcontract because the subcontractor is a minority, women or emerging small business enterprise (MWESB) certified under ORS 200.055. 2.29 DISPUTES In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Albany shall be final and binding upon all parties.

2.30 STATEMENT OF TIME

A period of time, unless stated as a number of City business days, shall include Saturdays, Sundays, and holidays. The word "day" as used in this RFP document, and any resulting contract awarded as a result of this process, shall constitute a calendar day of 24 hours measured from midnight to the next midnight.

2.31 RECIPROCAL PREFERENCE LAW

Oregon’s reciprocal preference law, ORS 279A.120, requires public contracting agencies, in determining the lowest responsible bidder, to add a percent increase to each out-of-state bidder’s bid price which is equal to the percent given to local bidders in the bidder’s home state. That is, if the low bidder is from a state that grants a 10 percent preference to its own in-state bidders, the Oregon agency must add 10 percent to that bidder’s price when evaluating the bid.

For details, check Oregon’s Reciprocal Preference Law Web site at: Http://egov.oregon.gov/DAS/PFSS/SPO/reciprocal.shtml

If you are in need of assistance in the application of this law, please call or contact the State Procurement Office:

State of Oregon Department of Administrative Services

State Procurement Office 1225 Ferry Street SE, U-140

Salem, OR 97301-4285 Telephone: 503-378-4642


SECTION 3: PROPOSER REQUIREMENTS & SCOPE OF WORK

3.1 INTRODUCTION AND BACKGROUND

The City of Albany is seeking vehicle purchase/lease programs tailored for law enforcement agencies. Efficient utilization of the Department’s existing patrol vehicles requires acquisition of compatible goods and services. All patrol vehicles must be designed and equipped identically, using the same equipment, technology, and configuration, to provide safety to the officers and the community. The Proposer shall acquire police vehicles according to specifications provided by the Albany Police Department and at the best price for the City; upfit purchased, leased or owned vehicles with specialized equipment; determine the most economical lease company, be the liaison between the lease company and the City, assist the Albany Police Department with the vehicle lease agreement; and provide onsite weekly warranty work, requested repair, and maintenance on all specialized police vehicle equipment. The Proposer shall install specialized police equipment and emergency vehicle identification including visual warning devices, audible warning devices, communications equipment, specialized electronics equipment, firearms security mounts, prisoner transport cages and other required law enforcement vehicle accessories on newly purchased or leased police vehicles, and retrofitting of existing police vehicles to meet the operational needs of the Albany Police Department. The City of Albany intends to award one contract as a result of this RFP. The proposed contract term is for two years, beginning approximately April 1, 2012, with the option to renew for three (3) additional, one-year terms upon agreement by both parties. The Albany Police Department maintains a 46-vehicle fleet that includes 17 leased vehicles and 29 purchased vehicles. On average, vehicles are replaced every five years. The current onsite weekly maintenance normally takes about two hours.

3.2 VENDOR SELECTION PROCESS REQUIREMENTS

The selection process will consist of a solicitation of proposals from all vendors who are interested in providing the required services, and who have the necessary experience and professional qualifications to provide the described services. In responding to this Request for Proposals (RFP), the Proposer should indicate their general interest in the project, overall approach to the work required, expertise and background, and identify the key members of their staff. The Proposer must demonstrate their general understanding of a Police Vehicle Lease/Purchase Program, the upfit and maintenance of equipment for Police vehicles, the knowledge base and experience to properly execute the work required, and to acquire and maintain all required licenses and certifications necessary to provide the services requested in this RFP.


3.3 MANDATORY MINIMUM EXPECTIONS AND QUALIFICATIONS

Proposer shall:

Demonstrate the ability to:

o Purchase and lease police vehicles o Upfit police vehicles with specialized equipment o Maintain specialized equipment onsite at APD on a weekly basis

(1117 Jackson Street SE, Albany, OR 97322)

Be responsible for vehicle drop off and pick up beyond a 30-mile radius of the Albany Police Department located at 1117 Jackson Street SE, Albany, OR 97322.

Demonstrate ability to work as an independent contractor with a government agency and provide quality services before, during, and after vehicle upfits. Specifically, Proposer will demonstrate ability to work directly with the City’s Police Department, and his/her appointees, and utilize the chain of command when issues arise needing resolution in a timely manner.

Identify the qualifications and certifications (if applicable) of the specific individuals who will

be assigned to provide the services described in the RFP to the Albany Police Department. Individuals assigned are expected to maintain a positive, professional attitude when dealing with leasing companies, third-party vendors, and City and Police Department staff. Demonstrate that the Proposer and all employees have passed a criminal background check that meets Albany Police Department and City independent contractor standards.

Demonstrate ability to meet or exceed all Albany Police Department and City requirements and standards.

3.4 SCOPE OF RESPONSIBILIES

The Proposer shall perform the anticipated services listed below within the scope of this Agreement. These will include, but are not limited to the following:

Compliance with all federal, State and local laws, codes and regulations.

Timely notification to and communication with the City’s Contract Administrator or designee of all issues. Proposer will provide oral notice of all issues, and when requested, written notice with suggested solutions.

Coordination of service, installation, acquisition, warranty and contracts of all third-party equipment.

Weekly onsite maintenance of specialized equipment.

Allow City to access Proposer’s or third-party’s place of business during normal business hours to inspect equipment or services for acceptance by the City pursuant to the terms of the contract, and investigate the Proposer’s qualifications.

Allow City to conduct a complete inspection of completed vehicles to ensure that the vehicle meets specifications as provided by the City.


3.5 CITY RESPONSIBILITIES

a) The City will provide detailed vehicle and specialized equipment needs. b) The City will do its utmost to provide a timely response regarding issues and questions that

arise.

c) The City will reserve the right to initiate conferences with the Proposer to review the work in progress at any time.

d) Other than the onsite weekly maintenance, the City will be responsible for vehicle drop off and pick up at the Proposer’s location within a 30-mile radius of Albany.

e) The City will provide weekly communication for onsite vehicle maintenance needs.


SECTION 4: INSTRUCTIONS TO PROPOSERS

4.1 GENERAL INFORMATION

Each Proposal will be judged on its completeness and quality of its content. All proposals will become part of the public file without obligation to the City. Upon the completion of the evaluations, the City intends to negotiate a contract with the Proposer whose Proposal is deemed to be most advantageous to the City. In addition, the Proposer should provide: a) A clear understanding of the work to be performed, demonstrated by the comprehensiveness

and appropriateness of the Proposal; and b) Specific qualifications of the Proposer and specific prior work experience in providing

services for Police vehicle lease and purchase, the upfit of Police vehicles, and maintenance of specialized Police vehicle equipment.

4.2 SUBMITTAL REQUIREMENTS This RFP sets forth the minimum requirements that all Proposals should meet. Failure to submit Proposals in accordance with this RFP may render the Proposal unacceptable or non-responsive. Proposals must be received by February 28, 2012, by 4:00 p.m. One (1) signed original and three (3) copies of each Proposal shall be sealed in an envelope or shipping container, mailed to the address listed in the Submittal Location Section. The outside of the envelope or shipping container shall have the name of the Proposer and the words “Police Vehicle Lease/Purchase RFP”. The original Proposal copy shall be signed by a representative of the Proposer who is authorized to sign for and contractually bind the Proposer. Please identify the original copy with the printed words "Original Copy." Proposals may not be submitted by electronic means.

Any Proposals received after the scheduled closing time for receipt or delivered to any other office other than the office identified below will be considered late and will not be returned. It is the sole responsibility of the Proposer to ensure that the Proposal is received at the designated location before the designated time. Proposers mailing Proposals should allow normal mail delivery time to ensure timely receipt of their Proposals.

Proposals received will be held confidential until the contract has been executed. Thereafter, all Proposals will be available for public inspection at the Finance Department at the address listed below.

4.3 SUBMITTAL LOCATION

The Solicitation Document submittal location and the destination address for all associated communications is the following: City of Albany Finance Department Attn: Diane Wood 333 Broadalbin Street SW Albany, OR 97321 Contact: Diane Wood, Purchasing Coordinator Phone: (541) 917-7522 E-mail: [email protected]


4.4 PROPOSAL SUBMITTAL REQUIREMENTS

Each Proposer must submit within their Proposal the submittal requirements as presented in Section 3 of this RFP. Proposals received without the required information may be rejected as being non-responsive. Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer's capabilities to satisfy the requirements of the RFP. Proposals should be typed or printed on standard 8.5 x 11 inch paper, with the sections tabbed to match those in the RFP, and with all pages numbered within each section.

4.5 PROPOSER’S REPRESENTATION

Proposers, by the act of submitting their Proposals, represent that: a) They have read and understand the Proposal Documents and their Proposal is made in

accordance therewith;

b) They have familiarized themselves with the local conditions under which the work will meet their satisfaction;

c) Their Proposal is based upon the requirements described in the Proposal Documents without

exception (unless exceptions are clearly stated as a response in the Introductory Letter).

4.6 CONDITIONS OF SUBMITTAL

By the act of submitting a response to this Invitation, the Proposer certifies that: a) The Proposer and each person signing on behalf of any Proposer certifies, and in the case of a

sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no elected official, officer, employee, or person, whose salary is payable in whole or in part by the City of Albany, has a direct or indirect financial interest in the Proposal, or in the services to which it relates, or in any of the profits thereof other than as fully described in the Proposer's response to this solicitation.

b) The Proposer has examined all parts of the Request for Proposal, including all requirements

and contract terms and conditions thereof, and, if its Proposal is accepted, the Proposer shall accept the contract documents thereto unless substantive changes are made in same without the approval of the Proposer.

c) The Proposer, if an individual, is of lawful age; is the only one interested in this Proposal; and

that no person, firm, or corporation, other than that named, has any interest in the Proposal, or in the proposed contract.

4.7 PROPOSER REQUIREMENTS

a) Shall demonstrate, to the satisfaction of the Selection Review Committee, the ability to

provide the required services within the Scope of Work to the City and shall demonstrate a proven history of providing such services.

b) Shall not have a record of substandard workmanship, service, and/or product quality. The City

will verify this requirement by communication with the Proposer’s clients and references, and as many other references as may be deemed appropriate.


4.8 PROPOSER REPRESENTATIONS

The Proposer further agrees to the following:

a) To examine all specifications and conditions thoroughly; b) To provide for appropriate insurance, deposits, and performance bonds, if required; c) To comply fully with the scope of services for the agreed contract; and d) To meet and provide any and all registration and certification requirements needed for

Proposers of this RFP as set forth in this RFP and the Oregon Revised Statutes, if applicable. e) To demonstrate that the Proposer and all employees have passed a criminal background check

that meets City of Albany and Albany Police Department independent contractor standards. Any cost associated with background checks shall be the sole responsibility of the Proposer.

4.9 PROPOSAL REQUIREMENTS - MANDATORY

The following information shall be submitted by the Proposer and analyzed by the Selection Review Committee in accordance with the Evaluation Process: a) Introductory Letter

Each Proposer shall include an Introductory Letter and expression of interest in the project. The Proposal should indicate the name of the person(s) authorized to represent the Proposer and sign any contract that may result. This letter shall be signed by an authorized representative of the Proposer. The letter must also reference the Proposal Title, “Police Vehicle Lease/Purchase RFP”, the Proposer’s name, and the date the Proposal was submitted.

b) Summary of Proposer's Qualifications and Experience

In responding to this Request for Proposals (RFP), the Proposer shall indicate their general interest in the project, their overall approach to the work required, their expertise and background, and identify the members of their staff. They are asked to demonstrate their general understanding of the Albany Police Department Vehicle needs, and the knowledge base and experience that the Proposer brings to properly execute the work required. This demonstration of abilities and capabilities should include a description of the intended approach, including estimated allocation of staff, resources, third-party vendors, plans for acquiring and transporting vehicles, and onsite maintenance.

In addition, the Proposer must state their qualifications, work experience, and strategies to perform the work described below:

Demonstrate the ability to meet or exceed all federal, State and local laws, codes and regulations.

Coordinate and communicate with other service providers, and City and APD staff to provide quality service and resolve issues as they arise in a timely manner.

Coordinate service, installation, acquisition, leasing, warranty and contracts of all third-party equipment.

Provide weekly onsite maintenance of specialized equipment. (1117 Jackson Street SE, Albany, OR 97322)

Coordinate with vehicle lease companies and third-party vendors.


Serve as a representative and agent of the City, protecting the City’s interests, meeting the City’s needs, and projecting a positive, professional image.

Provide background and previous work experience relative to the project.

c) List of References

Provide references, including the client name, primary contact, address, phone number, and e-mail address of at least three (3) clients, within the past two (2) years. Provide dates and length of service with each client where you have been contracted to provide acquisition and/or leased Police vehicles, equipment, and maintenance similar to those requested in this RFP.

d) Fee Proposal (Attachment A) and Unit Price Proposal (Attachment D)

Provide the costs on Attachment D that would represent a recent patrol vehicle build. All items represented are required specifications for the Unit Price Proposal. The Fee Proposal, Attachment A, should be completed for two contractual years.

e) Sample Agreement (Attachment B)

Review the attached Sample Agreement. Any exceptions to the Agreement must be addressed within the Introductory Letter and submitted with the Proposal to the City. Proposers are encouraged to review the agreement with their legal counsel, insurance agent/broker, and contracts administrators and comment on any areas of concern.

f) Declaration of Independent Contractor Status (Attachment C)

Select and submit the applicable form with the Proposal.

g) Addenda

All Addenda of this RFP shall be submitted as part of the Proposal. Receipt of each Addendum shall be acknowledged by the Proposer by signing in the appropriate designated location. Each Proposer shall ascertain, prior to submitting a Proposal, that the Proposer has received all Addenda issued by the City of Albany.


SECTION 5: PROPOSAL EVALUATION

5.1 EVALUATION PROCESS

The written Proposal will be evaluated on the completeness and quality of the content as required in the RFP documents. Failure to comply with all minimum requirements described in the RFP may disqualify Proposals. Only those Proposals supplying complete information, as required by this RFP, will be considered for evaluation. A Selection Review Committee comprised of three (3) members will evaluate all Proposals. Scoring will be completed covering all areas listed below in the Evaluation Criteria. All scores for each Proposer shall be added together to arrive at a final score for each Proposer. Proposals will then be ranked in descending order by the total Proposal score. If additional information is deemed necessary as part of the evaluations, such information will be solicited in order to allow the committee to complete the evaluation process. The City may choose to conduct interviews after written Proposals are evaluated and after references are checked. If final scores are within five points, the City reserves the right to negotiate with any of these Proposers or may elect to negotiate a contract using best and final offers.

5.2 EVALUATION CRITERIA

The goal of the evaluation process is to select a Vendor believed to best meet the City’s needs. Evaluation criteria and maximum points will be as follows: Maximum Score Evaluation Criteria 30% Experience and qualifications in relation to those detailed in this RFP; describe

the scope of services performed and your role in providing each service; provide dates and length of service with each client; provide letters of recommendation from three (3) clients, preferably over the past two (2) years, describing your contracted role with the Agency and your experience resolving issues and conflicts.

30% Cost of services: cost for onsite weekly maintenance, hourly rate for upfit of

vehicles, percent markup over wholesale equipment prices, total hours to build patrol vehicle described in RFP, and total cost to build patrol vehicle described in RFP.

20% Ability to coordinate with vehicle lease companies and third-party vendors to

provide vehicles and/or equipment at best price to the City. 20% Ability to provide weekly onsite maintenance of specialized equipment.

100% Maximum total points is 100

5.3 INTERVIEWS

Interviews may be held at the sole discretion of the City. If held, a possible 100 points will be attributed to interviews. The interview scores will be added to the paper scores, and the list re-ordered.


5.4 BEST AND FINAL OFFERS

If in the best interest of the City the department has chosen to employ a method of Proposer selection leading to best and final offers, the City may conduct private discussions with qualified proposers as allowed by ORS 279B.060(6).

5.5 RANKING OF PROPOSALS

a) Proposals may be ranked by the Selection Review Committee based on evaluation of

responses, references, and interviews, with the first-ranked Proposer being that Proposer which is deemed to be the most appropriate and fully able to perform the services, and the second-ranked Proposer being the next most appropriate, all in the sole judgment of the Selection Review Committee.

b) Respondent’s scores will be totaled and ranked. Any Proposer's response to this RFP shall be

considered de facto permission to the City of Albany to disclose the results, when completed, to selected viewers at the sole discretion of the City of Albany.

c) The Selection Review Committee will then submit its ranked list to the Chief of Police.


SECTION 6: CONTRACT REQUIREMENTS

6.1 CONTRACT AWARD PROCESS

The award of a contract is accomplished by executing a contract with a written agreement that incorporates the entire RFP and Attachments, Proposer’s response, clarifications, addenda, and additions. All such materials constitute the contract documents. The Proposer agrees to accept the contract terms of the attached Sample Agreement. Otherwise, exceptions to the contract must be submitted by the Proposer with their Proposal. The contract shall be substantially in the form of the Sample Agreement attached.

6.2 CONTRACT REQUIREMENTS

The Proposer must be covered by Workers’ Compensation Insurance, which will extend to and include work in Oregon. In addition, the Proposer must also submit documents addressing general liability insurance, automobile and collision insurance, and an indication that there is no conflict of interest on the part of the Proposer’s submission of a Proposal for the services being solicited under this RFP. The Proposer shall demonstrate willingness and ability to provide a Certificate of Insurance to be presented at the time the contract is executed.

6.3 CONTRACT ADMINISTRATOR

Captain Jeff Hinrichs will be the Contract Administrator for the Police vehicle lease/purchase, upfit of Police vehicles, and maintenance of specialized equipment services requested through this RFP process.


ATTACHMENT A: FEE PROPOSAL

The undersigned hereby proposes and, if selected, agrees to furnish all services for the lease/purchase of Police vehicles, upfit of Police vehicles, and maintenance of specialized equipment in accordance with this Request for Proposal, and Addenda, for the contract term of two years, beginning approximately April 1, 2012, for the prices shown immediately below. Hourly Rate for Onsite Weekly Maintenance April 1, 2012 through March 30, 2013 $ April 1, 2013 through March 30, 2014 $ Flat Rate for Drive Time to Onsite Weekly Maintenance (if applicable) April 1, 2012 through March 30, 2013 $ April 1, 2013 through March 30, 2014 $ Hourly Rate for Upfit of Vehicles April 1, 2012 through March 30, 2013 $ April 1, 2013 through March 30, 2014 $ Percent Markup* on Equipment Purchase April 1, 2012 through March 30, 2013 $ April 1, 2013 through March 30, 2014 $ *over wholesale equipment prices Total Maximum Hours to Build Patrol Vehicle as Described in RFP* April 1, 2012 through March 30, 2013 HOURS April 1, 2013 through March 30, 2014 HOURS *as described in RFP.

Certifications Non-Collusion The undersigned Proposer hereby certifies that it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, potential Proposer, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Proposers or potential Proposers, or to secure through any unlawful act an advantage over other Proposers or the City. The fees and prices submitted herein have been arrived at in an entirely independent and lawful manner by the Proposer without consultation with other Proposers or potential Proposers or foreknowledge of the prices to be submitted in response to this solicitation by other Proposers or potential Proposers on the part of the Proposer, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.


Conflict of Interest The undersigned Proposer and each person signing on behalf of the Proposer certifies, and in the case of a sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of the City Council, officer, employee, or person, whose salary is payable in whole or in part by the City, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein. The undersigned hereby submits this Proposal to furnish all work, services systems, materials, and labor as indicated herein and agrees to be bound by the following documents: Request for Proposal, Professional Services Contract, and associated inclusions and references, specifications, Proposal Form, Proposer’s response, mutually agreed clarifications, appropriately priced change orders, exceptions which are acceptable to the City, and all other Proposer’s submittals. Reciprocal Preference Law - Residency Resident Proposer ( ) Non-Resident Proposer ( ) Signature Block The Proposer hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Proposer’s Name Telephone Number

Mailing Address, City, State, Zip

Facsimile Number E-mail Address Signature Date


ATTACHMENT B: SAMPLE AGREEMENT

AGREEMENT TO PROVIDE POLICE VEHICLE LEASE/PURCHASE, UPFIT POLICE

VEHICLES AND MAINTAIN EQUIPMENT

This contract is entered into between the City of Albany, Oregon, hereinafter referred to as “CITY” and XXXX, hereinafter referred to as “CONTRACTOR,” and is effective upon its execution by and between both parties hereto. In consideration of the mutual promises contained herein, it is agreed as follows: ARTICLE I: SCOPE OF SERVICES For the consideration set forth in Article V, CONTRACTOR agrees to provide leased and/or purchased police vehicles; upfit leased and non-leased vehicles with specialized equipment; and provide onsite weekly maintenance of the installed equipment in accordance with the Attachment A, the Request for Proposals, and Attachment B, the Proposal submittal, and Attachment C, the Declaration of Independent Contractor Status, and by this reference incorporated herein, and in conformance with the terms contained therein. The term of this agreement, to be commenced upon execution, is for two years, beginning approximately April 1, 2012, with the option to renew for three (3) additional, one-year terms upon agreement by both parties. CONTRACTOR is an independent contractor and not an employee of the City. CONTRACTOR’S Declaration of Independent Contractor Status is attached hereto as Attachment C, and by this reference incorporated herein. ARTICLE II: MODIFICATIONS This agreement may only be modified by a writing executed by both parties. ARTICLE III: RESPONSIBILITIES OF THE CONTRACTOR A. Notice to Proceed. CONTRACTOR will not begin work on any of the duties and services listed in Article I until CITY directs in writing to proceed. Authorization to proceed on additional services not defined in Article I shall be in the form of an amendment as defined in Article II. B. Quality of Service. CONTRACTOR, in performing the services called for in Attachment A, shall maintain the highest level of quality practicable. CONTRACTOR will demonstrate the ability to meet or exceed all federal, State and local laws, codes and regulations. C. State or Federal Requirements. CONTRACTOR covenants and agrees to comply with all of the obligations and conditions applicable to public contracts of this type pursuant to ORS Chapter 279 A, and 279B, as though each obligation or condition were fully set forth herein. In addition, CONTRACTOR covenants and agrees that in the performance of its duties hereunder, it will comply with all other state and federal requirements applicable to contracts of this type. D. Workers’ Compensation. CONTRACTOR, its subcontractors, if any and all employers working under this agreement are subject employers under the Oregon Workers’ Compensation Law and shall comply with ORS 656.017, which requires them to provide Workers’ Compensation coverage for all of their subject workers, unless such employers are exempt under ORS 656.126. E. Acceptance and Inspection. All completed vehicles will be subject to a complete inspection by the City of Albany Police Department to ensure that the vehicle provided meets specifications. If the


inspection reveals substandard quality, Albany Police Department will document such qualities that are substandard and seek remedy by the CONTRACTOR. If the CONTRACTOR fails to make remedy of the substandard conditions within 10 days, the City of Albany reserves the right to have those qualities remedied by another contractor and withhold the cost of such remedies from the final payment. F. Contact with City Representative. CONTRACTOR will report problems and work with the City Representative, the City of Albany Police Captain Jeff Hinrichs, to provide consistent service and equipment. G. Access to Place of Business. CONTRACTOR agrees that the City may enter a CONTRACTOR’S or third-party vendor’s place of business during normal business hours to inspect equipment or services for acceptance by the CITY pursuant to the terms of the contract, and investigate the CONTRACTOR qualifications. ARTICLE IV: RESPONSIBILITIES OF THE CITY A. Authorization to Proceed. CITY shall authorize CONTRACTOR in writing to proceed prior to CONTRACTOR starting work on any of the services listed in Article I. B. Vandalism. City is NOT responsible for CONTRACTOR’s vehicle or personal equipment or supplies as a result of vandalism or theft incurred while providing contracted services to the City of Albany. C. Product Quality Review. The City Representative will conduct random product quality reviews to ensure the service and equipment are meeting the requirements and standards agreed to in this contract. ARTICLE V: COMPENSATION CITY agrees to pay for the services in Article I in accordance with the compensation provisions in this agreement. Payment will be made within approximately three days after the purchase of a leased vehicle. Payment will be made within 30 days after the receipt of billing for monthly maintenance or other services rendered during the month. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the rate of one percent (1%) per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made, unless delay in payment is due to a contested statement. CITY has the right to appeal or ask for clarification on any CONTRACTOR billing within 30 days of receipt of billing. Until said appeal is resolved or clarification is accepted, no interest will accrue on that portion of the billing. In the event of a contested billing, only that portion so contested shall be withheld, and the undisputed portion shall be paid in accordance with this Article V. ARTICLE VI: INDEMNIFICATION CONTRACTOR agrees to indemnify, defend, and hold harmless CITY, its agents, officers, and employees, from and against any and all liability, claims, suits, loss, damages, costs, and expenses arising out of or resulting from the negligent or intentional acts, errors, or omissions of CONTRACTOR, its officers, employees, or agents. ARTICLE VII: INSURANCE CONTRACTOR shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors.


Coverage shall be at least as broad as: A. Minimum Scope Limits and Insurance Contractor shall maintain limits no less than: 1. Commercial General Liability: Insurance Services Office (ISO) form CG 0001 with an edition date of 10-2001 or later, providing Commercial General Liability – Occurrence Form. With CG 25 03 (Amendment Aggregate Limits of Insurance per Project) attached Commercial General Liability: $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products Aggregate $1,000,000 Personal Injury The General Aggregate shall apply separately to this project. 2. Automobile Liability: Insurance Services Office (ISO) form CA 0001, providing Business Automobile Coverage on owned, non-owned and hired vehicles. Automobile Liability: $1,000,000 Per Occurrence 3. Employers Liability: $ 500,000 Each Accident $ 500,000 Disease Aggregate $ 500,000 Disease Each Employee 4. Professional liability insurance in the amount of $1,000,000. 5. Workers’ Compensation insurance as required by Oregon Revised Statutes and including Employers Liability Insurance. B. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the CITY, its officers, employees and agents; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverage

a. The City of Albany, its officers, employees, and agents are to be covered as additional named insured as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR including the Insured’s general supervision of the CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, occupied, or used by the CONTRACTOR, or automobiles owned, leased, hired, or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, or volunteers.


b. The CONTRACTOR’S insurance coverage shall be primary insurance as respects the CITY, its officers, employees, and agents. Any insurance or self-insurance maintained by the CITY, its officers, employees, or agents shall be excess of the CONTRACTOR’S insurance and shall not contribute to it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage

provided to the CITY, its officers, employees, or agents.

d. The CONTRACTOR’S insurance shall apply separately to each insured against whom claim

is made, or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers Liability Coverage

The insurer shall agree to waive all rights of subrogation against the City of Albany, its officers, employees, and agents for losses arising from work performed by the CONTRACTOR for the CITY.

3. All Coverage

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.

D. Verification of Coverage CONTRACTOR shall furnish the City of Albany with Certificates of Insurance that contain original endorsements for each insurance policy and signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the CITY before work commences. The City shall be listed as an “additional insured”.

ARTICLE VIII: ASSIGNMENT This agreement is to be binding upon the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. No assignment of this agreement shall be effective until the assignee assumes in writing the obligations of the assigning party and delivers such written assumption to the other original party to this agreement. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CITY and CONTRACTOR. ARTICLE IX: INTEGRATION The terms and conditions of this agreement, including its attachments, represent the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The agreement may not be modified or altered except in writing as specified in Article II. ARTICLE X: SUSPENSION OF WORK CITY may suspend, in writing, and without cause, all or a portion of the work under this agreement. CONTRACTOR may request that the work be suspended by notifying CITY, in writing, of circumstances that are interfering with the progress of work. In the event that the period of suspension exceeds 90 days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with Article XI.


ARTICLE XI: TERMINATION OF WORK CITY may terminate all or a portion of the work covered by this agreement for its convenience. Either party may terminate work if the other party fails to substantially perform in accordance with the provisions of the agreement. Termination of the agreement is accomplished by 15 days' prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, at the direction of CITY, CONTRACTOR may perform such additional services as may be necessary to facilitate transition to a new CONTRACTOR of CITY’S choosing. CONTRACTOR shall be paid for such additional work as provided under the terms of this agreement or as may be provided by the parties through a modification of this agreement. ARTICLE XII: FORCE MAJEURE Neither CITY nor CONTRACTOR shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. ARTICLE XIII: DISPUTE COSTS In the event either party brings action to enforce the terms of this agreement or to seek damages for its breach, or arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs, and expenses, incurred therein, including such costs and fees as may be required on appeal. ARTICLE XIV: COURT OF JURISDICTION The laws of the State of Oregon shall govern the validity of this agreement, its interpretation and performance, and other claims related to it. Venue for litigation shall be in Linn County, Oregon. CONTRACTOR: CITY OF ALBANY, OREGON: Date: Date: By: By: Edward Boyd Title: Chief of Police By: Title: Mailing Address: Approved as to Form: City Attorney Telephone: Facsimile: Corporation Tax No. (if incorporated)/ Social Security No. (if individual)


Attachment C: Declaration of Independent Contractor Status-Sole Proprietorship The undersigned, , doing business as , do hereby declare and agree as follows:

1. I am a sole proprietor doing business as

and am the only person interested as a partner or principal in that business. I employ no person for the

performance of any work, including clerical and administrative tasks.

2. All work to be done under contract with the City of Albany, Oregon will be performed by me

or by subcontractors who will be required to obtain Workers' Compensation coverage as insured or self-

insured employers unless such subcontractors file with the City of Albany joint declaration, signed by me

as well, affirming their independent contractor status and the fact that they employ no employees subject

to the provisions of ORS Chapter 656.

3. I am an independent contractor of the City of Albany, and recognize that I am not entitled to

and waive all claims under any Workers' Compensation coverage afforded by the City to its employees as

an insured or self-insured employer.

(Signature, Sole Proprietor)


Declaration of Independent Contractor Status-Corporation

The undersigned, doing business as ,

employs no person other than corporate officers for the performance of any work, including clerical and

administrative tasks. All work to be done for the City of Albany, Oregon will be performed by the

corporate officers of the corporation, or by subcontractors who will be required to obtain Workers'

Compensation coverage as insured or self-insured employers unless such subcontractors file with the City

of Albany a joint declaration, signed by an officer of the corporation as well, affirming their independent

contractor status and the fact that they employ no employees subject to the provisions of ORS Chapter

656.

is an independent contractor of the City of Albany, and

the corporate officers thereof recognize that we are not entitled to and waive all claims under any

Workers' Compensation coverage afforded by the City to its employees as an insured or self-insured

employer.

NAME OF CORPORATION BY: (Please Print or Type) SIGNATURE

TITLE:

DATE:


Declaration of Independent Contractor Status-Partnership

The undersigned, ___ do hereby declare and agree as follows:

1. We are partners doing business as

and are the only persons interested as partners or principals in that business. We employ no persons for

the performance of any work, including clerical and administrative tasks.

2. All work to be done under contract with the City of Albany, Oregon will be performed by us or

by subcontractors who will be required to obtain Workers' Compensation coverage as insured or self-

insured employers unless such subcontractors file with the City of Albany a joint declaration, signed by

us as well, affirming their independent contractor status and the fact that they employ no employees

subject to the provisions of ORS Chapter 656.

3. We are independent contractors of the City of Albany, and recognize that we are not entitled to

and waive all claims under any Workers’ Compensation coverage afforded by the City to its employees as

an insured or self-insured employer.

All partners must sign:

(Partner 1) (Partner 2) (Partner3) (Partner 4) (Partner 5) (Partner 6)