HomeMy WebLinkAboutItem 03 PSV Meeting Room AV Upgrades AGENDA ITEM SUMMARY Meeting Date: 11/2/2020
Meeting Type: Regular Meeting
Staff Contact/Dept.: Nathan Bell
Staff Phone No: 541-726-2364
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE: PSV MEETING ROOM AV UPGRADES
ACTION
REQUESTED:
Authorize the City Manager to sign a contract with Pro Sound & Video to upgrade
the audiovisual (AV) technology in meeting rooms located in City Hall and the
Justice Center.
ISSUE
STATEMENT:
The State of Oregon has allocated approximately $1.8 million in Coronavirus AID,
Relief and Economic Security (CARES) Act funds to the City of Springfield with a
requirement that the funds be expended by December 30th, 2020 or be returned to
the State. In a work session on September 14th, 2020, City staff presented Council
with a list of qualified CARES Act expenditures for consideration. This list
included upgrades to City Hall and Justice Center meeting room AV technology.
Council gave staff direction to proceed with the projects on the list as submitted.
ATTACHMENTS: Attachment 1: C2699 PSV Meeting Room AV Upgrades
DISCUSSION/
FINANCIAL
IMPACT:
In response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Federal
Government passed the CARES Act to help ease the economic impacts of the
pandemic. Included in the CARES Act was financial assistance for local
governments.
The City was allocated approximately $1.8 million with a requirement that the
funds be expended by December 30th, 2020 or be returned to the State. In a work
session on September 14th, 2020, City staff presented Council with a list of
qualified CARES Act expenditures for consideration that would support the City’s
response to the pandemic.
One of the projects on this list was AV upgrades to certain meeting rooms in City
Hall and the Justice Center as detailed in Attachment 1. These upgrades will allow
for both remote and physically present participation in public meetings and better
allow City staff to continue their work during the pandemic while meeting social
distancing requirements.
The total contract value is $362,000 and will be paid for with CARES Act funds.
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CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 4: For Personal Services Contracts Not Requiring Professional Liability Insurance)
Contract # 2699
Dated: November 2, 2020
Parties: City of Springfield (“CITY”)
A municipal corporation in the State of Oregon
225 Fifth Street
Springfield, Oregon 97477
and
Pro Sound & Video (“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation
B. Address: 439 W. 11th Ave. Eugene, OR 97401
C. Telephone: 541.485.5252
D. Fax No: N/A
E. SSN or Fed. I.D. No: On File
F. Professional License(s) No: N/A
G. Oregon Agency Issuing License: N/A
H. Foreign Contractor Yes No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11).
City Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
204-07100-1021-650166-P51055 100%
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule
described in Attachment “1”attached hereto and incorporated herein by this reference and in an
amount not to exceed $364,000.00
2. Services to be Performed by Independent Contractor. Independent Contractor shall perform the
services and provide the equipment as described in Attachment 1.
3. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR
97477 or email to ap@springfield-or.gov. Invoice will be paid on net 30 day terms upon City
acceptance of goods delivered, work or services performed. The invoice must reference this
contract #2699 and approval code #221.
Attachment 1, Page 1 of 17
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4. Term. This Agreement is effective as of the date first set forth above and shall continue until
December 23, 2020 unless earlier terminated in accordance with the provisions of this Agreement
or by mutual consent of the parties.
5. Sourcing. Springfield City Council declared an Emergency Mar. 16, 2020 in response to
COVID19. See Emergency Justification Form S2698
6. Independent Contractor Status. By its execution of this Agreement, Independent Contractor
certifies its status as an “Independent Contractor” as that term is used under the laws of the State of
Oregon, and that all performance of any labor or services required to be performed by Independent
Contractor under the terms of this Agreement shall be performed in accordance with the standards
set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and
incorporated herein by this reference.
7. First Point of Contact.
Independent Contractor: Anthony Marsh, anthony@prosoundandvideo.net, PH: 541.485.5252
CITY: Nathan Bell, nbell@springfield-or.gov, PH: 541-726-2364
8. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor
shall comply with all applicable provisions of Oregon law for public contracts, including, but not
limited to ORS 279B.110, ORS 279B.220, ORS 279B.225, ORS 279B.230 and ORS 279B.235 and
as more fully set forth on Exhibits “A” , “B” and “C” attached hereto and incorporated herein by this
reference.
9. Work Performed. The work to be performed by Independent Contractor includes services
generally performed by Independent Contractor in his/her/its usual line of business.
10. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and
local taxes, if any, applicable to any payments received pursuant to this Agreement, including but
not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not
withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of
Independent Contractor and as more specifically set forth in Exhibit C.
11. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by
CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing.
12. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless otherwise agreed in writing.
13. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts
on behalf of CITY, its officers, agents and employees. This Agreement shall not create a
partnership or joint venture of any sort between the parties.
14. Federal Employment Status. In the event payment made pursuant to this Agreement is to be
charged against federal funds, Independent Contractor hereby certifies that it is not currently
employed by the Federal Government and the amount charged does not exceed Independent
Contractor’s normal charge for the type of services provided.
15. Indemnification and Hold Harmless. The Contractor shall assume all responsibilities for the work,
and bear all losses and damages directly or indirectly resulting to the Contractor, the City, or to
others on account of the character or performance of the work, unforeseen difficulties, accidents, or
any other cause whatsoever. The Contractor shall assume defense of, indemnify and save
harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and
injury of every kind, nature and description, directly or indirectly resulting from activities in the
performance of the Contract, the ownership, maintenance or use of motor vehicles in connection
therewith, or the acts, omissions, operations, or conduct of the Contractor or any Subcontractor
under the Contract or any way arising out of the Contract, irrespective of whether any act, omission
Attachment 1, Page 2 of 17
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or conduct of the City connected with the Contract is a condition or contributory cause of the claim,
liability loss, damage or injury and irrespective of whether act, omission, or conduct of the
Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss
damage or injury. The Contractor shall not be liable for nor be required to defend or indemnify, the
City relative to claims for damage or damages resulting solely from acts or omissions of the City, its
officials, agents or employees. The absence of or inadequacy of the liability insurance required in
section 16 shall not negate Contractor’s obligation in this paragraph.
16. Insurance.
16.1 General Insurance. The Independent Contractor shall maintain in force for the duration
of this Agreement a Commercial General Liability insurance policy written on an occurrence basis
with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily
injury or property damage. The policy will contain a “per project” aggregate endorsement.
Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000
per occurrence shall be maintained. The City, its employees, officials and agents will be named
as an Additional Insured where operations are being conducted related to this contract, on the
General Liability policy as respects to work or services performed under this Agreement to the
extent that the death or bodily injury to persons or damage to property arises out of the fault of
the Independent Contractor or the fault of the Independent Contractor’s agents, representatives
or subcontractors. This insurance will be primary over any insurance the City may carry on its
own. If the City requires Professional Liability coverage, the City’s Risk Manager must approve
the terms, conditions and limits. Independent Contractor understands that CITY is a public entity
subject to the requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. In
the event that CITY’S financial obligations or liabilities are modified by any amendment to the
liability limits imposed by the Oregon Governmental Tort Claims Act, Independent Contractor
agrees that the limits regarding liability insurance set forth in this Section 16 will be modified to
conform to such limits. Independent Contractor and CITY shall sign an amendment to this
Agreement incorporating such modification.
16.2 Asbestos Abatement (only applicable to contracts where asbestos maybe present).
The Commercial General Liability policy shall be written on a form that meets the following
criteria, and must be ASBESTOS SPECIFIC as follows:
a. A full occurrence form, or
b. A limited occurrence form with at least a three-year (3) tail, or
c. A claim made form with a three-year (3) tail.
16.3 Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage with limits not less than $500,000 for its employees, officers, agents,
or partners, as required by applicable workers’ compensation laws as defined in ORS
656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written
statement signed by Independent Contractor so stating the reason for exemption shall be
provided to the City.
16.4 Evidence of Insurance Coverage. Evidence of the required insurance coverages
issued by an insurance company satisfactory to the City shall be provided to the City by way
of a City approved certificate of insurance before any work or services commence.
16.5 Notice of Cancellation or Material Change in Coverage. The certificate of insurance
shall contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Independent Contractor shall provide written notice to the City
contract manager within 2 calendar days after the Independent Contractor becomes aware
that their coverage has been canceled or has been materially changed. The Independent
Contractor shall either fax 541-726-3782 said notice or email it directly to Jayne McMahan
(jmcmahan@springfield-or.gov), Procurement and Contracts Manager. Regardless of what
circumstances caused Independent Contractors insurance coverage to cease or be modified,
it is the Independent Contractor’s responsibility to notify the City. Failure to maintain proper
insurance or provide notice of cancellation or modification shall be grounds for immediate
termination of this contract.________(Independent Contractor initials)
Attachment 1, Page 3 of 17
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16.6 Equipment and Material. The Independent Contractor shall be responsible for any loss,
damage, or destruction of its own property, equipment, and materials used in conjunction
with the work.
16.7 Exception or Waivers. Any exception or waiver of these requirements shall be subject
to review and approval from the City’s Risk Manager.
16.8 Subcontractors. The Independent Contractor shall require all subcontractors to provide
and maintain General Liability, Auto Liability, Professional Liability (as applicable), and
Workers’ Compensation insurance with coverages equivalent to those required of the
Independent Contractor in this contract. The Independent Contractor shall require
certificates of insurance from all subcontractors.
17. Termination. The performance of work under this Agreement may be terminated by CITY, in whole
or in part, whenever for any reason CITY shall determine that such termination is in the best interest
of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a
Notice of Termination specifying the extent to which performance of the work under the Agreement
is terminated and the date on which such termination is effective. Upon delivery to the Independent
Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY
shall, by agreement, make an appropriate written modification to this Agreement governing
completion of portions of the Independent Contractor’s work and payment therefore by CITY.
18. Rights in Data. All original written material, including programs, card decks, tapes, listings, and
other documentation originated and prepared for CITY pursuant to this Agreement, shall become
exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during
the course of this Agreement by Independent Contractor personnel can be used by either party in
any way it may deem appropriate. Material already in Independent Contractor’s possession,
independently developed by Independent Contractor outside the scope of this Agreement, or
rightfully obtained by Independent Contractor from third parties, shall belong Independent
Contractor. This agreement shall not preclude Independent Contractor from developing materials
which are competitive, irrespective of their similarity to materials which might be delivered to CITY
pursuant to this Agreement. Independent Contractor shall not, however, use any written materials
developed under this Agreement in developing materials for others, except as provided in this
section.
19. Confidentiality/Protected Information. During the course of performance hereunder,
Independent Contractor or its agent, employees, or contractors, may receive confidential
information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of
such information and to inform each agent and employee performing services of the confidentiality
obligation that pertains to such information. Regarding the receipt and handling of such information,
Independent Contractor shall comply with the requirements of Exhibit D attached hereto and
incorporated herein by this reference.
20. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or
sublet rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any
obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of
Independent Contractor. Independent Contractor shall remain liable as between the original parties
to this Agreement as if no such assignment had occurred.
21. Successors in Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns.
22. Compliance with All Government Regulations. Independent Contractor shall comply with all
Federal, State and local laws, codes, regulations and ordinances applicable to the work performed
under this Agreement. Failure to comply with such requirements shall constitute a breach of
contract and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Independent Contractor.
Attachment 1, Page 4 of 17
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23. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Independent Contractor shall pay such additional sums as the Court
may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any
appeal.
24. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default
caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY
may terminate this Agreement upon written notice after determining such delay or default will
unreasonably prevent successful performance of the Agreement.
25. Assistance Regarding Patent and Copyright Infringement. In the event of any claim or suit
against CITY on account of any alleged patent or copyright infringement arising out of the
performance of this Agreement or out of the use of any material furnished or work or services
performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and
hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with
such claim or suit.
26. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
27. Access to Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Independent Contractor which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts and transcripts.
28. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any
other provision of this Agreement.
29. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever, without prior written approval of CITY, No modification of
this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or
ordered by a Court.
30. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of
Federal and State civil rights and rehabilitation statutes, rules and regulations.
31. Americans With Disabilities Act Compliance. Independent Contractor will comply with all
applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq.
and Section 504 of the Rehabilitation Act of 1973.
32. Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
33. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and
construed in accordance with the laws of the State of Oregon, apart from choice of law
provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the
Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving
any disputes involving this Agreement, any breach of this Agreement, or relating to its subject
matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge
to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY
due to the preparation of this Agreement by CITY. The headings and subheadings in this
Agreement are for convenience, do not form a part of this Agreement, and shall not be used in
construing this Agreement.
Attachment 1, Page 5 of 17
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34. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire
Agreement and supersedes all prior and contemporaneous oral or written communications between
the parties, their agents and representatives. There are no representations, promises, terms,
conditions or obligations other than those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD:
INDEPENDENT CONTRACTOR
By: By:
Name: Name:
Title: Title:
Date: Date:
Attachment 1, Page 6 of 17
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EXHIBIT “A”
INDEPENDENT CONTRACTOR STATUS
Independent contractor states and represents that contractor is an independent contractor as that term is
defined in Oregon Revised Statute 670.600 and more specifically represents, states and agrees that in
providing the services and scope of work specified in this contract:
1. Independent contractor provides services for remuneration; and
2. Independent contractor is free from direction and control over the means and manner of
providing the services and scope of work subject only to the right of City to specify the
desired results; and
3. Independent contractor is customarily engaged in an independently established business;
and
4. Independent contractor is licensed within the state of Oregon to provide any services for
which a license is required under ORS Chapter 671 or 701 and is responsible for
obtaining other licenses or certificates necessary to provide the service or scope of work;
and
5. Independent contractor complies with at least three of the following requirements:
(a) A business location is maintained that is separate from the business or work
location of City; or is in a portion of the independent contractor’s residence and that
portion is used primarily for the business.
(b) The independent contractor bears the risk of loss related to the provision of
services or scope of work such as entering into a fixed price contract, defective work is
required to be corrected, the services provided are warranted or indemnification
agreements, liability insurance and performance bonds and errors and omissions
insurance are provided.
(c) Contracted services for two or more different persons or entities within a twelve
month period have been obtained, or routinely engaged in business advertising,
solicitation, or other marketing efforts reasonably calculated to obtain new contracts to
provide similar services.
(d) Significant investment in the business has been made such as purchasing tools or
equipment, paying for premises or facilities where services are provided, paying for
licenses, certificates or specialized training.
(e) Possesses authority to hire other persons to assist in providing their services and
has the authority to fire those persons.
6. Independent contractor will immediately inform City in the event that it fails to conduct
its services in one or more particulars as represented in 1 through 5 above.
Attachment 1, Page 7 of 17
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EXHIBIT “B”
City of Springfield
Public Contracts
Conformance with Oregon Public Contractors Laws
Pursuant to Oregon law, every public contract shall contain the following conditions:
1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279B.220(1)
2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2).
3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
6) Promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279B.230.
7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or
b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3).
9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on
the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(1)(a).
11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(1)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
Attachment 1, Page 8 of 17
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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or
subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or
officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due
plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good
faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person
furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515.
16) The payment of a claim does not relieve the contractor or the contractor’s surety from obligation with respect to any unpaid claims.
ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279C.100, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or,
b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and,
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.520(2).
18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer
shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of
work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week
that the employees may be required to work. ORS 279C.520(5)
20) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state,
and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of
natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other
agencies may have enacted ordinances or regulations that may apply.
If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not
cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the
prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion,
terminate the Contract, complete the work itself; use non-agency forces already under contract with the City, require that the
underlying property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the
Contractor a change order setting forth the additional work that must be undertaken.
If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any
subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with
the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition.
FEDERAL AGENCIES
Department of Agriculture Fish and Wildlife Services
Forest Service Office of Surface Mining
Soil Conservation Service Reclamation and Enforcement
Department of the Army Corps of Engineers Bureau of Reclamation
Coast Guard Department of Labor
Department of Health and Human Services Occupational Safety and Health Administration
Department of the Interior Mine Safety and Health Administration
Bureau of Indian Affairs Department of Transportation
Bureau of Land Management Federal Highway Administration
Bureau of Outdoor Recreation Environmental Protection Agency
Department of Commerce
STATE AGENCIES
Department of Agriculture Department of Human Services
Department of Energy Land Conservation and Development Commission
Department of Environmental Quality Division of State Lands
Department of Fish and Wildlife State Soil and Water Conservation Commission
Department of Forestry Water Resources Department
Attachment 1, Page 9 of 17
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Department of Geology and Minerals Oregon Department of Transportation
LOCAL AGENCIES
Common Council, City of Springfield Planning Commission, City of Springfield
Environmental Services, City of Springfield Development Services Department, City of Springfield
Board of Commissioners, Lane County Planning Commission, Lane County
Lane Regional Air Protection Agency Springfield Utility Board
Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts
Rainbow Water District
21) Promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).
If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
Attachment 1, Page 10 of 17
{00017042:1}
EXHIBIT C
OREGON TAX LAWS COMPLIANCE AND CERTIFICATION
A. Independent Contractor's Compliance with Tax Laws.
1. Independent Contractor must, throughout the duration of this Contract and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of
this Section, 'tax laws" includes all the provisions described in Subsection B. 1. (i) through (iv) of this Contract.
2. Any violation of Subsection 1 of this Section A shall constitute a material breach of this Contract.
Further, any violation of Independent Contractor's warranty, in Subsection B.1. of this Contract, that Independent
Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this
state also shall constitute a material breach of this Contract. Any violation shall entitle City to terminate this Contract,
to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to
pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to:
a. Termination of this Contract, in whole or in part;
b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Independent Contractor, in an amount equal to State's setoff right, without penalty; and
c. Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Independent
Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential
damages, costs of cure, and costs incurred in securing replacement Goods and/or a replacement Independent
Contractor.
These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or
remedies singly, collectively, successively, or in any order whatsoever.
B. Independent Contractor's Representations and Warranties.
Independent Contractor represents and warrants to City that:
1. Independent Contractor (to the best of Independent Contractor's knowledge, after due inquiry), for
a period of no fewer than six calendar years preceding the effective date of this Contract, faithfully has complied
with:
(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317, and 318;
(ii) Any tax provisions imposed by a political subdivision of this state that applied to
Independent Contractor, to Independent Contractor's property, operations, receipts, or income, or to Independent
Contractor's performance of or compensation for any work performed by Independent Contractor;
(iii) Any tax provisions imposed by a political subdivision of this state that applied to
Independent Contractor, or to goods, services, or property, whether tangible or intangible, provided by Independent
Contractor; and
(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any
of the foregoing tax laws or provisions.
Any equipment, components, hardware, and software delivered to City under this Contract, and Independent
Contractor's Services rendered in the performance of Independent Contractor's obligations under this Contract, shall
be provided to City free and clear of any and all restrictions on or conditions of use, transfer, modification, or
assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges,
and encumbrances of any kind.
Attachment 1, Page 11 of 17
{00017042:1}
EXHIBIT D
CITY OF SPRINGFIELD – CARES ACT GRANT ADDENDUM
City’s payments to Independent Contractor under this contract will be paid in whole or in part
by funds received from the State of Oregon from the United States Federal Government.
Independent Contractor certifies that neither it nor its employees, contractors, subcontractors
or subgrantees who will perform the work under this agreement are currently employed by an
agency or department of the federal government.
Part 1 – Federal Requirements
In accordance with U.S. Treasury guidance, Independent Contractor is subject to the following
provisions as applicable. For purposes of these provisions, the following definitions apply:
“Contract” means this agreement.
“Contractor” and “Subrecipient” and “Non‐Federal entity” mean Independent
Contractor, as a subcontractor to the City for federal grant funds.
(A) 2 CFR §200.303 Internal Controls
(B) 2 CFR §§ 200.330 through 200.332 Subrecipient Monitoring and Management
(C) Subpart F – Audit Requirements of 2 CFR §200.5XX
i. Contractor must comply, and require any subcontractor to comply, with applicable
audit requirements and responsibilities set forth in this Contract and applicable state
or federal law.
ii. If Contractor receives federal awards in excess of $750,000 in a fiscal year,
Contractor is subject to audit conducted in accordance with the provisions of 2 CFR
part 200, subpart F. Copies of all audits must be submitted to Agency within 30 days
of completion.
iii. Contractor must save, protect and hold harmless Agency from the cost of any
audits or special investigations performed by the Secretary of State with respect to
the funds expended under this Contract. Contractor acknowledges and agrees that
any audit costs incurred by Contractor as a result of allegations of fraud, waste or
abuse are ineligible for reimbursement under this or any other agreement between
Contractor and State.
Part 2 – Whistleblower Protection
Contractor must comply with 41 U.S.C. 4712, Program for Enhancement of Employee
Whistleblower Protection. Under 41 U.S.C. § 4712 it is illegal for employees of federal
contractors, subcontractors, grantees, subgrantees, or personal services contractors to be
discharged, demoted, or otherwise discriminated against for making a protected whistleblower
disclosure. For more information about whistleblower protections for such employees, please
consult the informational flyer available at https://www.oig.doc.gov/Documents/Contractor-and-
Grantees-WPO-Information.pdf.
Attachment 1, Page 12 of 17
UPDATED October 23, 2020
Pro Sound and Video
CCB #202820
Anthony March
439 West 11th
Eugene, OR 97401
Attention: Nathan Bell
City of Springfield
Reference: City of Springfield AV Upgrades
The following is a proposal for upgrading AV systems and integration with soft video codecs.
1. Rooms Summary
A. City Council Chambers
B. Jesse Maine Room
C. Library Meeting Room
D. Emergency Operations Center
E. Police Briefing Room
F. Police Chief Conference Room
G. Justice Center Lobby
H. Small Conference Rooms
a. 616 Conference Room
b. NW4 Conference Room
c. Police Conference Room
d. Detective Conference Room
e. Executive Team Room
2. General Scope/Expected Outcomes
A. Outfit spaces with video conferencing systems to be used with soft codecs such as Zoom, Webex, Teams, etc.
B. Video Conference Equipment will work with any soft codec platform the City wishes to use; no proprietary
systems
C. Owner Furnished PCs will be used as video conferencing codecs
D. Introduce automation and simple user control interfaces in larger spaces
E. Install systems with expansion capabilities as future needs change
F. Introduce system standards, and similar user interfaces across multiple systems
3. System Standards
A. Biamp Tesira Audio Processors
B. Biamp Parle beamtracking ceiling microphones
C. Crestron Video Distribution
D. Crestron control system with touch panels and wireless Ipad interface where desired
E. Vaddio AV Bridge Mini conferencing codec interface
F. Vaddio Pan/Tilt/Zoom video conferencing cameras
Attachment 1, Page 13 of 17
4. City Council Chambers/Jesse Maine Room
A. Due to the rooms close proximity and functional needs, it makes sense for these systems to share the same
head-end equipment. The current audio systems in these spaces are 25-30 years old and in marginal
operating condition. The systems are technologically very dated, and re-utilizing any equipment will not
make sense in a modernization. With the exception of copper cabling and connections, a complete refresh is
recommended.
B. System Upgrade Features
1. Council Chambers:
a. New Gooseneck Microphones
b. Digital Audio Processor
c. Interface with VOIP for teleconferencing capability
d. Handheld and Lapel Wireless Microphones
e. MP3 audio interface
f. New amplifier
g. New Ceiling speakers
h. New Equipment Rack and Power Management
i. Control Processor
j. Touch Panel Control Interface
k. New video distribution system; feeding existing LCD screens
l. PTZ Cameras; AV Bridge for video conferencing via soft video codec
2. Jesse Maine Room
a. New Ceiling Speakers
b. Interface with VOIP for teleconferencing capability
c. Ceiling Mounted Beam-Tracking Microphones for Conference Calls
d. Touch Panel Control Interface
e. PTZ camera and AV bridge for video conferencing via soft codec
f. New 75” LCD Display
5. Library Meeting Room
A. The Library Meeting Rooms AV system is in a state of disrepair. It was discussed onsite to include provision
to replace the video projection system and integrate with the new audio system.
The wood slat ceiling will present some installation challenges.
B. System Upgrade Features
1. Digital Audio Processor
2. Interface with VOIP for teleconferencing capability
3. Handheld and Lapel Wireless Microphones
4. MP3 audio interface
5. New amplifier
6. New Ceiling Speakers
7. New Equipment Rack and Power Management
8. Control processor
9. Touch Panel Control Interface
10. Video Projector and Mounting Hardware
11. Possible Screen Replacement
12. Ceiling Mounted Beam-Tracking Microphones for Conference Calls
13. Assisted Listening System
14. PTZ Camera and AV bridge for video conferencing via soft codec
Attachment 1, Page 14 of 17
6. Emergency Operations Center
A. The EOC will be outfitted with head-end infrastructure to allow for a full build out of a true EOC with
multiple input locations and displays as previously planned. At this time, the scope of this work will be to
install full audio/video conferencing systems; integrated with the recently installed video projector.
B. System Upgrade Features
1. Digital Audio Processor
2. Interface with VOIP for teleconferencing capability
3. Handheld and Lapel Wireless Microphones
4. MP3 audio interface
5. New amplifier
6. New Ceiling Speakers
7. Utilize existing IT rack if practical; new power management
8. Control Processor
9. Touch Panel Control Interface
10. Ceiling Mounted Beam-Tracking Microphones for Conference Calls
11. Assisted Listening System
12. PTZ Cameras and AV bridge for video conferencing via soft codec
13. Crestron video encoders and decoders; rack chassis for modules
14. 24 port managed POE switch
7. Police Briefing Room
A. The Police Briefing Room will be outfitted with (2) 55” LCD Displays and a video projector to project onto
an existing projection screen. Full matrixing will allow any video input to be sent to any video display.
Wireless microphones will be provided for presentation, and a full audio/video conferencing systems will be
installed.
B. System Upgrade Features
1. Digital Audio Processor
2. Handheld and Lapel Wireless Microphones
3. New amplifier
4. New Ceiling Speakers
5. Equipment Rack and power management
6. Control Processor
7. Touch Panel Control Interface
8. Ceiling Mounted Beam-Tracking Microphones for Conference Calls
9. PTZ Cameras and AV bridge for video conferencing via soft codec
8. Police Chiefs Conference Room
A. The Police Chiefs Conference Room will be outfitted with (2) LCD Displays, a full audio and video
conferencing system, and a simple to use control system.
B. System Upgrade Features
1. Digital Audio Processor
2. Interface with VOIP for teleconferencing capability
3. New amplifier
4. New Ceiling Speakers
5. Power management
6. Control Processor
7. Control Interface
8. Ceiling Mounted Beam-Tracking Microphones for Conference Calls
9. PTZ Camera and AV bridge for video conferencing via soft codec
9. Justice Center Lobby
A. The Justice Center Lobby will receive (4) 55” Displays with Wifi enabled digital signage appliances.
Attachment 1, Page 15 of 17
10. Small Conference Rooms: 616, NW4, Police, Detective, Executive Team
A. The small conference rooms will be outfitted with AV conferencing systems
B. System Upgrade Features
1. Ceiling microphone(s) with beam tracking for conferencing
2. New audio processor with echo cancellation
3. Ceiling Speakers and Amplifier
4. Possibility to interface with phone system if desired
5. Integrate with new video conferencing hardware/software
6. Basic wall control panel for LCD
7. PTZ camera for video conferencing
11. Owner Furnished Equipment
A. Computers to be used for conferencing
B. Computer Peripherals
C. Conferencing Software
D. Ipads with Crestron Control Apps
E. LCD Displays unless otherwise noted
12. Labor Exclusions
A. Power infrastructure to be provided by City Electricians or City hired electrical contractor
B. Painting/Patching
13. Costs Per System
A. Council Chambers
1. $75,000.00
B. Jesse Main Room
1. $22,000.00
C. Library Meeting Room
1. $60,000.00
D. Emergency Operations Center
1. $73,000.00
E. Police Briefing Room
1. $37,000.00
F. Police Chief Conference Room
1. $25,000.00
G. Justice Center Lobby
1. $12,000.00
H. 616 Conference Room
1. $11,000.00
I. NW4 Conference Room
1. $11,000.00
J. Police Conference Room
1. $14,000.00
K. Detective Conference Room
1. $12,000.00
L. Executive Team Room
1. $12,000.00
M. TOTAL BUDGET
1. $364,000.00
Attachment 1, Page 16 of 17
Attachment 1, Page 17 of 17