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HomeMy WebLinkAbout2012-188 Contract - Karin Onkka Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Karin Onkka ASHLAND CONTACT: Karin Onkka 20 East Main Street Ashland, Oregon 97520 ADDRESS: 125 Wimer St. Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 482-9232 DATE AGREEMENT PREPARED: 8/9/12 FAX: BEGINNING DATE: August 20, 2012 COMPLETION DATE: June 30, 2013 COMPENSATION: Contract not to exceed $12,000 SERVICES TO BE PROVIDED: Graphic design services for the Ashland Parks and Recreation-Special Procurement ADDITIONAL TERMS: N/A FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is$19,494 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. Contract for Personal Services, Revised 06/30/2012, Page 1 of 5 b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: L If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract, its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers, b. Professional Liability insurance with a co.albiaed sin le limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 0 of Applicab or each claim, incident or occurrence. This is to cover damages caused by error, omission or neg ige c ated to the professional services to be provided under this contract. K C. General Liability insurance with a combi sin le limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 o Not App lica for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage or a indemnity provided under this contract. d. Automobile Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: 200,000 $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage, i coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chan e. There shall be no cancellation, material chan e, reduction of limits or Contract for Personal Services, Revised 06/30/2012, Page 2 of 5 intent not to renew the insurance coverage(s)without 30 days'written notice from the Consultant or its insurer(s) to the.City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Consultant: City of Ashlan By K Opiae, By Signature Department Head kA !h 041 Kk.4-��/ t,_ Print Name Print Name ora.0 pAJ bko/(,, Title Date W-9 One copy of a W-9 is to be submitted with �y the signed contract. Purchase Order No. A O ED S FORM /e Signature Jv- - 2o— tZ Date Contract for Personal Services, Revised 06130/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. V (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. ✓ (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. �. AmK-k-� 8/zo/l7-- Contractor (Date) Contract for Personal Services, Revised 06/3012012, Page 4 of 5 FROM :BUCKMISTERS—ALLSTATE FAX NO. :5414821219 Aug. 21 2012 10:11AM P2 WAllstate. Allstate Insurance Company You're in good hands. AMENDED Auto Policy Declarations Summary NAMEDINSURED(S) YOUR ALLSTATE AGENT IS YOUR BILL Karin Onkka Robert N Buckmister lists your payment options. 125 Wimer St (541)488.2516 Ashland OR 97520.1647 1908 Ashland St BC Ashland OR 97520 POLICY NUMBER POLICY PERIOD 0 87 851554 03110 Sep, 10,2012 to Mar. 10, 2013 at 12:01 a.m.standard time DRIVER(S)LISTED DRIVER(S)EXCLUDED Karin . Nona VEHICLES COVERED VEHICLE ID NUMBER LIENHOLDER 1. 97 Subaru Impreza _ JF1GF4855VG813245 _ None 2. 07 Subaru im rem JFIG6616170818631 Td Auto Finance Total Premium Premium for 97 Subaru Impreza $46.77 Premium for 07 Subaru Impreza $486.39 TOTAL $533.16 See the important Payment and Coverage Information section for detalls about Installment tees. Your PollaY EN001111e Data is Sep. 10,2012 Auro•sraaavrmexmwos , I�pleIV�II�IIII�IIBI�IIleV1�911111V���IIQI���I�IaWNI�I�I�OnI� . -r z Peg Aa GS7-1 FROM :BUCKMISTERS—RLLSTATE FAX NO. :5414821219 Aug. 21 2012 10:11AM P3 Allstate Insurance Company WAllstate. You're in good hands. Polley NUmhOr'0 87 651554 09/10 Your Agent: Robert N Bucemleter (541)18&2616 Polley Effective Date;Sep.10,2012 COVERAGE FOR VEHICLE S 1 1997 Subaru Impreza COVERAGE LIMITS DEDUCTIBLE PREMIUM Automobile Uablllty Insurance Not Applicablo Suspended • Bodily Injury $100,000 each person $300,000 each occurrence • Property Damage $50,000 each occurrence Basic, Personal Injury Protection Suspended (Please sea,the attached Supplement to Policy Declarations for complete coverage, limits and deductible.) Uninsured Motorists Insurance Suspended • Bodily Injury $100,000 each person Not Applicable $300,000 each accident • Property Damage $20,000 each accident As Stated In Polley Auto Comprehensive Insurance Actual Cash Value $2_50 546.77 Total Premium for 97 Subaru Improza $48.77 DISCOUNTS Your premium for this vehicle reflects the following discounts: Multiple Policy Premier Dollar amounts of discounts are temporarily not displayed due to suspended coverage(s) on this vehicle. ulnnYOn nn Page 2 Aq M,M2 droieara nFe GS7 FROM :BUCKMISTERS—ALLSTATE FAX NO. :5414821219 Aug. 21 2012 10:11AN P4 Allstate Insurance Company Allstate. You're in good hands. Polley Numher:0 a7 e51S1G109/10 Yourgeent: Robert auckmister (W1)498.2518 Policy Effective gate:Sap-10,2012 Supplement to Policy Declarations This document forms a part at your Policy Declaration. ADDITIONAL LIENHOLDERS AND INTERESTED PARTIES Llanholders Interested Parties 97 Subaru Impreza JFIGF4855VG813245 City of Ashland 07 Subaru Impreza JF10061617G818891 Odot iwmx,aN Page 6 VOsiMml! IMIaMVL O)iID GSZ-3 CITY RECORDER Page 1 / 1 Ashland Park Commission I DATE PO NUMBER 20 E MAIN ST. 8/21/2012 00137 ASHLAND, OR 97520 (541)488-5300 VENDOR: 000596 SHIP TO: ONKKA, KARIN 125 WIMER STREET ASHLAND, OR 97520 FOB Point: Req.No.: Terms: net Dept.: Req.Del.Date: contact: Rachel Dials Special lnst: Confirming? No Quantity Unit Description Unit Price Ext. Price Graphic Desiqn Services for North 12,000.00 Mountain Park Nature Center- FY 2013 Special Procurement Approved by Council Auqust 7, 2012 Vaild until June 30, 2013 SUBTOTAL 12 000.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 12,000.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.03.04.60410 12 000.00 Authorized Signature VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name K"A OA Address,City,State,Zip 125 ( (-) r n n!L S . Contact Name&Telephone Number � c2tnQn�Kc� S�ll-�(�Z-IZ3'L Fax Number SOLICITATION PROCESS ❑ Exempt from Competitive Bidding El Emeroencv ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Dale approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement ❑ Sole Source 'Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100,000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached Contract# PERSONAL SERVICES Special Procurement ❑ Intergovernmental Agreement $5.000 to$75 000 Written Findings(Form attached) :0 Agency ❑ Less than$35,000,by direct appointment Quote or Proposal atta ed -7 Contract# ❑ (3)Written proposals attached ah approved by Council: Date approved by Council: Description of SERVICES Total Cost ( h t MAP 6 L KIT�t'Iwo ?4"L, Gk., $ IZ,0) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached QUOTE $ 1 V± Project Number____----___ Account Number'4L-I?,-JQ •W%(100 AccountNumber___-__-__- Account Number -__-__-__• Account Number___-__-__-__-______ 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. By signing this requisition to I certify that the information provided above meets the City's public contracting requirements,a d'tt a documentation can be provided upon request. I•'-r Employee Signatu Department Head Signature: Additional signatures(if applicable): Funds appropriated for current fiscal year (�S)/ NO O— u /LOS Z Finance Director Date Comments: G:FlnanceNrocedurerAPTonnslForm#3-Requisidon.doc Updated on:8/2012012 CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Don Robertson, Ashland Parks and Recreation Date: 7-23-12 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to enter into a contract of up to $12,000 for design work with Karin Onkka. The scope of work includes specialized graphic design, interpretive materials, and visitor services information for signs and materials made available for and at each of the Ashland parks, including North Mountain Park Nature Center, Lithia Park, and other outer parks within the system. As more and more tourists and locals visit our parks, the need for interpretive information, maps and signs for self guided tours increase. The estimated cost and amount budgeted is $12,000 and the timeline of the intended contract will be August 20, 2012 through June 30, 2013. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Staff does not have the background, knowledge or time to create the interpretive materials that are required for parks visitors to explore our parks system independently. Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 1, 8/20/2012