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HomeMy WebLinkAbout2016-133 Contract - Project A Contract for PERSONA. SERVICES less than $75,000 CITY OF CONSULTANT: Project A, Inc. ASHLAND CONTACT: Jim Teece 20 East Main Street Ashland, Oregon 97520 ADDRESS: 5350 Highway 66, Ashland, OR 97520 Telephone: 5411488-6002 Fax: 5411488-5311 TELEPHONE: 541-482-1702 DATE AGREEMENT PREPARED: A ri124, 20'16 FAX: BEGINNING DATE: Jul 1, 2016 COMPLETION DATE: June 30, 2019 COMPENSATION: $900 per month plus $95 per hour for development beyond scope of services SERVICES TO BE PROVIDED: Hosting and server maintenance for all content of ww",.ashland.orms: To include importation and storage of all data, server monitoring, hardware maintenance, internet connectivity, data back-up and on-call personnel for customer service support, Ad-Hoc training needs and ongoing software updates to maintain existing and new features and legal compliance. Website re-design for compatibility for mobile devices, conversion of existing pages to comply with new mobile design and city staff training. See attached design and services estimate. ADDITIONAL TERMS: This is a three year contract which can be extended up to two additional years if appropriation is approved for such an extension. In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of Ashland Contract- 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 I 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 2790.505, 2790.515, 2790.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.2+0 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 Contract for Personal Services, Revised 06102/2015, Page 1 of 5 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. 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: i. 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 j 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. 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 b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence, This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. Contract for Personal Services, Revised 06102/2015, Page 2 of 5 l C, General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability 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, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or 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 i 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 i I liability to Consultant. ` Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant: City of Ashland By By 17 -y fbJiy i~tl Signature lie- rilu C J•-+Y~.17'~ GtscJ rC ~l~y r 1 L.t. Nfzd/r.~G, Print Name Print Name & /z z zd~6 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. I' Contract for Personal Services, Revised 06102/2015, Page 3 of 5 I 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) 1 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. (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) I 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. i Contractor (Date) Contract for Personal Services, Revised 0610212015, Page 4 of 5 i ASHLAND, OREGON EXHIBIT B City of Ashland i LIVING 1 employers described WA E below comply • Ashland laws regulating pay.ment of a living wage. • - per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY of ^ASHLAND Contract for Personal Services, Revised 06/0212015, Page 5 of CERTIFICATE of LIABILITY INSURANCE 4F ,27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . ONTACT NAME, PRODUCER PAUL V©I INS t RANL`g ~1GENCY INC P HONE (541) X482-8463 A/ .{541) 488-421! 5 (FAX tr, 450 Siskiyou Blvd Ste 5 EE-UMUAIES5:~111@gaulvo lGlltstl:~alit~ _ con Ashland, OR 97520 INSURERS AFFORDING COVERAGE NAIC# I R F' • M±d Cen Insurance Co. INSURED Project A INSURED; B: 5358 Hwy 66 INSURER C: Ashland, OR 97520 INSURER D: INSURER INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. INSR ADUL-SUOR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICYNIIMUEII / D Y X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2 000 00,000 CLAIMS-MADE OCCUR P EMIR occurrence) $ 75,000 605504869 12,11611 12/16/1 MED EXP (Anyone arson 5 000 A PERSONAL& ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4,000,000 PRO- LOC PRODUCTS -COMP/OPAGG $ 2,000,000 POLICY a PRO- S OTHFR- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,600 ANYAUTO BODILY INJURY (Per person) s A AUTOS AUT05ULED 605504869 12/16/1512/16/16 BODILY INJURY (Per acddent) $ $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPerj&jidentl S UMBRELLA LIAB HOCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S WORKERS COMPENSATION PER UT OR AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - Ell EMPLOYEE S (Mandatory in NH) If es, describe under TION OF N bet DISEASE LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 141, Additional Remarks Schedule, maybe attached if more space is required) ERTIFICATE ODE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Ashland THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN t.i ACCORDANCE WITH THE POLICY PROVISIONS. 20 N Main St. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Paul Volz ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ectA rol Agreenieni. Presented to the City of Ashland Design and Services Estimate By Project A, Inc. on 04/26/2016 Ann Seltzer City of Ashland 20 East Main Street Ashland, OR 97520 ann.seltzer@ashland.or.us Thank You Thanl< you for allowing Project A to provide you with an estimate to redesign the City of Ashland's website into a mobile friendly version, and provide related services. Statement of Initial Work r f i G j i j i i i E TASK DESCRIPTION L! U f31 O L !l rwtA ! rof greement A Project Services Hosting and server maintenance for all content of www.ashland.or.us: To include importation and storage of all data, server monitoring, hardware maintenance, internet connectivity, data back-up and on-call personnel for customer service support, Ad-Hoc training needs and ongoing software updates to maintain existing and new features and legal compliance. Website re-design for compatibility for mobile devices, conversion of existing pages to comply with new mobile design and city staff training. "Mobile First" Manage all tasks as needed to complete the redesign project and ongoing Responsive services. Creation of website design mockup based off feedback and Graphic Design preferences. We will use your supplied logo and artwork/photographs in design framework. Project A will create an initial home mockup and receive your feedback. A second mockup will be created and additional feedback will result in a third and final mockup. Additional mockups available by request at normal hourly rate. After the homepage mockup is approved, we will design interior pages and front-end display for the following Site-in-a-Box (SIB) tools at our discretion, but also considering your preferences for: Ads, Agenda/Minutes, Calendar, CCB, FAQ, Form Builder, Forms and Documents, Homepages, How Do I, Links, Staff/Members, Muni Code, News, Page Builder, Projects, What's New, Contact Us, Subscription, and RFP. (Note: Survey Builder and Polls have been discontinued.) Design Project A's programmers will implement the Mobile Responsive design into the Implementation City of Ashland website at www.ashland.or.us Departmental As a Phase 2 project, create specific color themes for Police, Fire and Parks Themes departments and other departments as requested. (Optional) Content Updates Project. A programmers will review the top 100 pages based on Analytics or for Top Pages client direction, and ensure they are mobile friendly, making changes as needed. Testing Project A will test all changes in the current Desktop versions of Internet Explorer, Chrome and Firefox. Additional testing in Safari for iOS devices and popular Android devices is included. (Due to the hundreds of Android devices available, it will not be possiblle to test on every version.) Hosting / Support and Maintenance J Recurring Services _2_ iiiP A Agreement Service Description Website Hosting Website hosting is an ongoing service that covers routine hosting and maintenance of the website, including its training/development site, and Project A will provide software and hardware maintenance, technical support; server monitoring, data storage, backup, and recovery, reliable AC power, and reliable public Internet connectivity, and other resources as necessary to ensure that the website is functioning properly. Ongoing Page After the initial responsive design is in place, Project A programmers will Updates (New!) continue to review up to 20 pages each month to ensure responsive friendliness. This will either be at the direction of city staff, or by using page ranks according to Google Analytics. These updates also include "ad" creation on an ongoing basis for Hot Topics, and all ads needed for the homepage and each department. There is a 5 hour maximum per month. Training Project A will continue to train up to two key individuals on the use of Site- inBox. Additional, periodic group training is included. Premium Level his agreement replaces the current Support and Maintenance agreement. Support and Project A will continue to supply unlimited phone and email support during Maintenance regular business hours to two key personnel at the City of Ashland. We will also continue to provide standard SIB Maintenance and Software Bug Fixes, and Emergency Support 24/7. As a Premium customer, City of Ashland support will be handled before other support levels. Should any server outage occur, your site would be restored before other support levels, and includes direct cell phone numbers to Paul Steele (VP Services) and Jim Teece (CEO) for emergency escalation. Cost Site Redesign, Implementation, and ongoing Hosting, Services and Support is $900.00 per E month with a three year commitment. This agreement also replaces our current Hosting a c.a agreement. New feature requests to the software, if beyond 5 hours per month, are not in j the scope of this agreement and would be estimated and billed separately. Expected Timeline ? f 7 1 j 1 -3- 3 1 Proi Agreement Task Delivery Timeline Graphic Design Mockups 1-2 months post-agreement (for Templates of Home, Dept Home, Page Builder) Graphic Design for SIB Tools 3-4 months post-agreement (Templates of Ads, Agenda/Minutes, Calendar, CCB, FAQ, Form Builder, Forms and Documents, How Do I, Links, Staff/Members, Muni Code, News, Projects, What's New, Contact Us, Subscription, and RFP) Design Implementation 3-5 months post-agreement (all SIB templates) Content Updates for Top Pages 3-4 months post--agreement Go Live with Phase 3 4-5 months post-agreement Departmental Color Themes (optional) 5-6 months post-agreement Terms and Agreements Project A, Inc. staff will notify and receive approval from Client's staff before exceeding this offer. Change Orders will be required for all work outside the estimate scope and any development hours beyond the scope of this estimate will be billed at the normal hourly rate of $95. Project A, Inc. is an Oregon-based corporation and does not charge or report any sales tax for products or services sold. If the client's state requires that any tax be paid on this transaction, the client assumes all responsibility for reporting and paying the tax. Client is responsible for all page content including cost and rights for photos. This offer is good for 90 days from the date it was quoted. 0 V tt3 City of Ashland Project A, Inc. v Paul Steele Q Name Name -4- i ***Proj*ectA Agreement Signature Signature VP Services Title Title 04/26/2016 Date Accepted Date Accepted Purchase Order Fiscal Year 2017 Page: 1 of: 1 THIS`NUMBED-11tUMAIRPF~iR QN ALL B City of Ashland 414VOiCES, PACKAGE-97AND SHIPPING PAPER-S ATTN: AP - L 20 E. Main Purchase n Ashland, OR 97520 Order # 28 T O Delivery must be made within doors of specified destination. V S E PROJECT A, INC H C/O Administration N 5350 HIGHWAY 66 D ASHLAND, OR 97520 P 20 East Main St O Ashland, OR 97520 R O Aeridor_P Qne t um e`r Vendor Fax Number. Requisiton Number DeTiverTf efpre-n - ANN SELTZER tQ Ordered ~l RSl r N umber Date # eq~ire FreigFif-Meta o erms, Depart~e~#~ ova 07/18/2016 188 FOB ASHLAND OR City Accounts Pa able _1 errx E + scrx ' tQniLPart lb QTY - QOM ~n = cten-d , j6d WEB DEVELOPMENT The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 1 Hosting, development, server monitoring, data backup, design for 1.0 $10,800.00 $10,800.00 mobile devices - all www.ashland.or.us Cost is $10,800 per year PLUS $95 an hour for backend development beyond the scope of services. Contract for Personal Services less than $75,000 - Approved by council 06/21/16 Beginning: 07/01/16 Completion: 06/30/16 GL Account: $10,800.00 GL SUMMARY 010200 - 604100 $10,800.00 By: f - Authorized Sigaatuie!( B y:. 2 Z Authorized Signature PO 6tw - $10,800.00 s FORM #3 CITY OF ASHLAND REQUISITION Date of request: / / Required date for delivery: s Vendor Name s ;:Lfol Address, City, State, Zip Contact Name & Telephone Number Fax Number fi~ I - L1 ~ ~ l 70 9+- 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 Attach co of council communication _(If council approval required, attach co of CC ❑ 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) -(Attach copy of council communication) ❑ 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 El Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) (Attach copy of council communication) El Form #4, Personal Services $5K to $75K Valid until: Date _ Description of SERVICES Total Cost h&& d , dAk halA WWm dip ~ wv~~• bland,®~.~ $ 1~ l96 l d , P4'~ P A Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number---------- Account Number Account Number--- - - - ° 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: IT Director Date Support -Yes / No By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. I1 4 °f Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: A 4CF9A16- lkzlAJ6:- (E I to or greater than $25,000) Funds appropriated for current fiscal year.- YES / NO j Finance Director- (Equal to greater than $5,000) Date Comments: Form #3 - Requisition CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer Ild4,L From: Ann Seltzer, management analyst Date: April 24, 2016 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 current contract with Project A for website services expires June 30, 2016. Project A provides website hosting and maintenance, customer support, ongoing software updates to maintain and enhance existing features, legal compliance, data backup and the use of their proprietary software. Over the life of the new contract additional services will include converting www.ashland.or.us to auto format to mobile devices. The City has budgeted $8,000 in the current fiscal year. The cost for the existing services and mobile conversion increase the annual budget to $10 800 per year p l„s $95 pPr burr for bacl,end deVIA-Anr ,ent beyond the scope of services. This is for a three year contract with two one-year extensions. 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" The Information Technology Division provides technology services for computers, servers, telephone systems, help desk support and network infrastructure. It does not have the expertise for website development, maintenance, support of server capacity. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 4/27/2016 FORM 97 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS PERSONAL SERVICES Less than $75,000 To: Dave Kanner, City Administrator From: Ann Seltzer Date: April 24, 2016 Re: Sole Source Determination and Written Findings for Personal Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writin that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: Sl 0, 800 per year plus $95 per hour for backend development beyond the scope of services. Project name: City website - Development, Maintenance, Hosting, mobile device compatibility Description of project: Renewal of a multi -year agreement for website hosting and maintenance for all content on ivwiv. Ashland or. us The agreement inehides importation and storage of all data, server monitoring, hardware maintenance, internet connectivity for the domain, data back- up, on call personnel for customer service support and Ad--Hoc training needs and ongoing software updates to maintain existing and new feature and legal compliance. The new agreement Twill expand the existing services to include a website re-design for compatibility for mobile devices, conversion of existing pages to comply with new mobile design and city staff training. Back round: Original software package was purchased through a competitive RFP process in 2000, with a contract purchase price of approximately S,3 6, 000. Additionally, City and software provider (Project A) contracted for ongoing support services (see above) with several multi year contract agreements since the original purchase. Website software package was developed using a Project A proprietary software platform called ``site in a box Because of this, no other vendor can provide the support services needed to maintain the City's original investment without a complete re-build of the software package on a different (and most likely proprietary) platform. Form #7 - Sole Source -Personal Services - Less than $75,000, Page 1 of 2, 4127/2016 Doing so would substantially change the scope, intent and significantly increase the cost of this procurement effort, as it would amount to the creation of an entirely new product rather than ongoing support, upgrades and maintenance for the existing system. Findings: Market Research Overall finding: Consistent with the site in a box license and hosting agreement under which the original software package was purchased and supported, no other vendor has legal access to the site in a box software platform and therefore is not able to provide the support (maintenance, training, custom tool development/enhancement, etc). Additionally, website hosting is legally limited to either Project A or the licensee (City of Ashland). No other vendor has the legal ability to host the site in a box platform content. See wjvw projects.cotWpaZe.asp?navid==192 foi- complete end user license agreement) In the interest of providing an equal opportunity for other website providers, the city published an RFP in 2010 for the same services we currently receive f -om Project A for $8, 000 annually. The RFP was posted online and sent to f ve national website providers. of'the five, only Project A submitted a proposal, one responded stating it could not provide the services because of the low budget and the others did not respond at all. The lack of response to the 2010 RFP is indicative that starting over with a new provider would require a significant budget increase. L n accordance with ORS 279B. 075, these are the examples of andings that should be addressed. Select at least one of the ndings and prepare the determination as it specif calls relates to the good or service being procured More than one finding can be addressed. The Endings are as ollows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. See existing licensing agreement with Project A iviwtiv..projecta.com/page.asp?navid=192 Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or Services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. See overall finding above. Fnrm :a7 - gnlP Srn irr.P -PP.rRnnnl Services - I ess than X75.000- Pane 2 of 2.41?112016 T11120ai6 City of Ashland, Oregon - Agendas And Minutes City of Ashland, Oregon / City Council Tuesday, June 21, 2016 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 21, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called 'the meeting to order at 7:02 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Conservation, Tree, Wildfire Mitigation, and Historic Commissions. He went on to request a moment of silence for the Orlando Florida shooting victims, the survivors, and the community. Councilor Voisin/Rosenthal m/s to move Agenda Item #2 under Ordinances, Resolutions, and Contracts a resolution to improve comprehensive healthcare system to the July 19, 2016 Council meeting. Voice Vote: ALL AYES. Motion passed. Mayor Stromberg moved Agenda Item #1 under Ordinances, Resolutions, and Contracts to approve second reading to levy taxes after Special Presentations and Awards. He then moved Agenda Item #2 under New and Miscellaneous Business regarding the Gateway Island art project after the Consent Agenda. APPROVAL OF MINUTES The minutes of the Goal Setting Session of June 6, 2016 were approved with the following changes to page one, Councilor Rosenthal item #2, deleting community wide to read, 2. Public health and safety - additional reporting structures to determine effectiveness of recent ordinances, establish an enhanced law enforcement area (ELEA) for the south end of town. On item #3, delete street maintenance, etc. to read, 3. Social service improvements. The minutes of the Business Meeting of June 7, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of June 21 - 28, 2016 as Homeownership Week was read aloud. Presentation from Jackson County Vector Control regarding mosquito control Jim Lunders, manager and biologist of the Jackson County Vector Control District gave a presentation on integrated mosquito management (IMM) that utilized available mosquito control methods. He explained the pros and cons of the IMM http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6382&Print=True 1/10 7/11/2016 ~ City of Ashland, Oregon - Agendas And Minutes elements that included public education, source reduction, biological control, surveillance, larval control, and adult control. There were few alternatives to using DeltaGard to control adult mosquitoes. Products used by Vector Control were required to be labeled for all crops. DeltaGard and Zenivex were on the Environmental Protection Agency's (EPA) reduced risk pesticide list with all crop labels. The lifespan of mosquitoes depended on the temperature and species. Summer lifespan was 4-6 weeks. Overwintered females will live four to five months. People should rinse out fountains and birdbaths every five days. Mosquito fish work well in aquaria ponds. Cara Cruickshank/1193 Ashland Mine Road/Explained her credentials and background. They met with Vector Control the week before. The Pollinator Project Rogue Valley (PPRV) was concerned with the use of DeltaGard to control mosquitoes. It was toxic to pollinators and aquatic environments. Pollinators were already stressed due to habitat loss and exposure to pesticides. The PPRV supported the use of bacillus thuringiensis (BT) or bacillus thuringiensis israelensis (BTI) for larval control instead. They wanted Vector Control to increase community education outreach on how to reduce habitat. Less than 1 % of sprayed pesticides reached the intended target. PPRV was asking Council for a Study Session to explore safer mitigation of mosquitoes. Dr. Ray Seidler/160 Pompadour Drive/Shared his background as a retired professor of microbiology and a former research scientist with the EPA and commented on Vector Control activities in the community. The EPA had not yet tested Anvil, DeltaGard, and Methoprene for endocrine disruptors. However, university scientists stated they were. He listed health effects from exposure to endocrine disruptors on humans and added they were highly lethal to pollinators. Spraying these chemicals when they were lethal to pollinators was not consistent with the goals of being a Bee City USA. Many American cities use biologicals that were safe and more specific. He supported a Study Session to discuss the issue further. 1. Approval of second reading of an ordinance titled, "An ordinance levying taxes for the period of July 1, 2016 to and including June 30, 2017, such taxes in the sure of $11,000,369 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon." Councilor Voisin/Rosenthal m/s to approve Ordinance #3129. Roll Call Vote: Councilor Marsh, Morris, Voisin, Rosenthal, Lemhouse, and Seffinger, YES. Motion passed. PUBLIC FORUM Caroline Shaffer/236 Morton Street/Provided an update on her home that was flooded with sewage late 2015. Her family recently moved back. They were hundreds of thousands of dollars in debt. Additionally, boxes they thought rescued were full of a blue florescent mold. She reminded Council they were still here and partially resolved. Huelz Gutcheon/2253 Hwy 99/Explained he was college educated, did well for many years, and now was obsolete. He was hoping someone would hire him and had not happened. http://www.ash[and.or.us/Agendas.asp?Display=Minutes&AMID=6382&Print=True 2710 7/11/20'16 ' City of Ashland, Oregon - Agendas And Minutes Mike Marshak/2203 McCall/It was time to start thinking of what to do for the street family for the winter regarding housing, shelter, and support on an ongoing basis. He questioned what the support from the City would be for the Ashland Community Resource Center now that it had to move or close. Another concern was logging trucks driving through town. He thought Ashland should require smaller delivery trucks. It would cost more but was worth the safety of the community. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Intergovernmental agreements between Emergency Communications of Southern Oregon and the Ashland Police and Fire Departments 3. Sole source procurement with Project A for website services 4. Agreement for services with Southern Oregon University for public access television services 5. Collective Bargaining Agreement with the Ashland Police Association 6. Contract for legal services for Douglas M. McGeary 7. Award of contract to apparent low bidder for the 2016 slurry seal project 0. Approval of a public contract exceeding $100,000 for worker's compensation third party administration services 9. Appointment of Taylor Leonard to the Historic Commission 10. Two-year renewal of intergovernmental agreement with Jackson County Community Justice 11. Adoption of the City's self-insured health plan for the plan year July 1, 2016 through June 30, 2017 Councilor Rosenthal pulled Consent Agenda items #4 and #8 for further discussion. Management Analyst Ann Seltzer addressed Consent Agenda item #3 and explained why there was a 3% annual increase when the service levels did not change. In 2008, the City reduced RVTV from $114,000 to $49,000 due to federal regulation changes regarding the use of PEG fees and franchise fees for public access television. RVTV agreed to continue providing the services the City had in 2008 as long as the City agreed to pay a 3% increase each year. This was a verbal agreement. The City Administrator would come back to Council at a future meeting to either formalize the verbal agreement or provide options. Consent Agenda item #8 regarding the agreement for workers' compensation third party administration services did not include a contract because it was not ready. It was the same as the existing contract and was approximately $20,000. Council would wait until the next meeting to vote on the item. Councilor Rosenthal/Morris m/s to approve all Consent Agenda items except #4 and #0. Voice Vote: all AYES. Motion passed. 1. Final selection of Gateway Island public art Management Analyst Ann Seltzer explained the sculpture titled "Threshold" was the second option artist Susan Zoccola prepared at Council request. The Public Arts Commission (PAC) determined "Threshold" met the criteria for public art as written in Ashland Municipal Code 2.29 as well as the project intent stated in the Gateway request for qualifications (RFQ). PAC Chair Sandy Friend further described outreach to the community and introduced Susan Zoccola. Ms. Zoccola enjoyed making public art for 20 years because it gave her an httn://www.ashland.or.us/Aaendas.asn?Disnlav=Minutes&AMID=6362&Print=Trip q/1 n