HomeMy WebLinkAbout2015-105 Contract - Ashland Chamber of Commerce
CITY OF ASHLAND
CITY: CITY OF ASHLAND GRANTEE: Ashland Chamber of Commerce
20 E Main Street Address: 110 East Main Street
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300 Telephone: (541) 482-3486
FAX: (541) 552-2059
Term of this agreement: April 15, 2015 to June 30, 2015
Purpose: Development and maintenance of a local Economic Indicators Dashboard to be displayed on the
Chamber of Commerce Business Resource Portal and available to the general public as well as Chamber
members. Additional project details are provided in attached scope of work document.
Amount: $5,000
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City grants the identified amount for the stated purpose above. Pursuant to ORS 279A.025(2)(d),
this Grant agreement [ORS 279A.010 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C.
City and Grantee agree:
1. of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved
proposed scope of work, the City agrees to provide funds in the amount specified above. Grant funds shall be
utilized or contractually committed in the fiscal year for what they are awarded.
2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that any
personnel assigned to the work required under this contract are fully qualified to perform the work 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. Grantee must also maintain a current City
business license.
3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in this contract and per
Resolution 2012-05 with modifications, if any, made by the budget subcommittee designated above or City
Council.
Grantee shall acknowledge the City as a funding source in all printed and electronic notices and
advertisements relating to the use of these grant funds
4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant
is awarded or this contract is terminated shall be returned to the City within 30 days of completion or
termination.
5. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating
to the purpose for which the grant was awarded in accordance with generally accepted accounting principles.
Grantee gives the City and any authorized representative of the City access to and the right to examine all
books, records, papers or documents relating to the use of grant funds.
6. Living Wage Requirements. If the amount of this contract is $18,890 or more, and if the Grantee has ten
or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code
Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month
performing work under this contract. Grantees required to pay a living wage are also required to post the
attached notice predominantly in areas where it will be seen by all employees.
7. Termination.
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
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 Grantee, or at such later date as may be established by City under any of the
following conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued
at levels sufficient to allow for the grant;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the grant purposes are no longer allowable or appropriate for award 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 Grantee to provide
the services required by this contract is for any reason denied, revoked, suspended, or
not renewed.
8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this
contract or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds
within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may
terminate the whole or any part of this contract and may pursue any remedies available at law or in equity.
Such remedies may include, but are not limited to, termination of the contract, stop payment on or return of
the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future
grant awards.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession from
Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds. In addition,
City shall be entitled to recover any administrative costs, including attorney fees or collection costs if
encumbered as a result of Grantee's failure to return Grant funds. In the event of termination, if Grant funds
are not returned or it is found that Grant funds were misappropriated, Grantee shall be ineligible and
disbarred from receipt of future grant funds until such matters are finally adjudicated and settled. The rights
and remedies of this section are not exclusive and are in addition to any other rights and remedies available
to the City under the law.
9. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or amended
in any manner except by written instrument signed by the parties. Such written modification will be made a
part of this contract and subject to all other contract provisions.
10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents
harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, 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 agreement
by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to
perform work or services attendant to this agreement). Grantee shall not be held responsible for damages
caused by the negligence of City.
11. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this
agreement, maintain in force a comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this Contract, blanket contractual liability, products and completed
operations, and owner's and contractor's protective insurance. The liability under each policy shall be a
minimum of $1,000,000 per occurrence (combined single limit for bodily injury and property damage
claims) or $1,000,000 per occurrence for bodily injury and $100,000 occurrence for property damage.
Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its
officers, employees and agents shall be named as additional insured's. Certificates of insurance
acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the
acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the
expenditure of any grant funds. Grantee shall at its own expense provide the following insurance:
Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers.
12. Assignment and Subcontracts. Grantee 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. Grantee 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. Merger. This contract constitutes the entire agreement between the parties. There are no
understandings, agreements or representations, oral or written, not specified in this contract regarding this
contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this
contract, understands it, and agrees to be bound by its terms and conditions.
14. 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 Grantee 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. Contractor, by the signature herein of its authorized representative, hereby consents to
the in personal 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.
15. 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.
Grantee 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 Grantee, with no further liability to Grantee.
16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules, and
regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status,
sexual orientation, age, medical c dition, or disability.
GRANTE CIT`E' OF ASHLAND
B By
City Representative
Title
Date
Date
APP VE A T RM
Ashland Ct1Y Attomey
Date 4 14 1 5
CITY OF
-,SHLANL
Scope of Work and Project Deliverables
For
Economic Dashboard Project
Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (Chamber) to
develop and maintain an interactive economic indicators dashboard to be housed within the Chamber's
Ashland Business Resource Portal website.
PURPOSE
The City has an interest in collecting, analyzing and displaying key local economic data that gives the
business community, economic development partner organizations and local and regional government
policy bodies the ability to review historical local economic trends, identify and forecast areas of
strength or weakness and the ability to compare local economic data with the region, state and nation
across key economic categories.
COMPENSATION
The City will allocate $5,000 from the 2013-15 economic development portion of the transient
occupancy tax (TOT) to the Chamber for the development and completion of an interactive local
economic indicators dashboard.
PROJECT CONTENT
The completed project will be a functioning, interactive economic indicators dashboard embedded
within the Ashland Business Resource Portal developed and operated by the Chamber and its partners.
The dashboard will present local economic data in a visually interesting way and provide visitors of the
site with the ability to adjust key data points (dates, range of values, etc) to customize their view of the
data.
In developing the dashboard, the Chamber and its development partners shall consider the following:
1. Identification of on-going core data sets, its origins, how it will be captured, displayed and what data
sets will be used for regional, state or national comparisons.
2. Hierarchy, priority and placement of data for display/layout
3. Data display methods to maximize user experience and value
4. Degree to which the data can be sorted, filtered and displayed by the user (level of interaction)
5. Long term ability to maintain and add to the data
6. Efficiency of raw data entry/input
1
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CITY OF _
ASHLAND DATE PO NUMBER
20 E MAIN ST. 4/27/2015 12840
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000024 SHIP TO: City of Ashland
ASHLAND CHAMBER OF COMMERCE (541) 488-6002
PO BOX 1360 20 E MAIN STREET
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Adam Hanks
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Development of Economic Indicators 5,000.00
dashboard to be reqularly updated and
maintained and hosted/displayed on
www.ashlandbusinessresource.com website
- see attached contract for more
information.
City of Ashland (Grant contract)
Term: April 15, 2015 to June 30, 2015
SUBTOTAL 5,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 5,000.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 110.01.02.00.60410 5,000.00
Autht ed Signature VENDOR COPY
FORM#3 CITY OF
~ ASHLAND
J
REQUISITION Date of request: 4/15/15
Required date for delivery:
Vendor Name Ashland (hamhpr of (nmmprrp
Address, City, State, Zip PQBnx 1160
Contact Name & Telephone Number
Fax Number Ashland. OR 97520
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
® Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Development of Economic Indicators dashboard to be regularly updated and maintained and
hosted/displayed on www.ashiandbusinessresource.com website - See attached scope of work for $5,000
additional details
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number Account Number
Account Number 110.01.02.00.604100 Account Number
`Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases: ~1
IT Dlrec of r Date Support -Yes /No
By signing this requisition form, I certify that the City's public contracting requirements have been satis ied. {
Employee: Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
~'ES (Equal to or greater than $25,000)
Funds appropriated for current fiscal year., / NO
Finance Director- (Equal to or greater than $5,000) Date
Comments:
Form #3 - Requisition