Loading...
HomeMy WebLinkAbout2016-162 Contract - Project A Contract for PERSONAL SERVICES less than $75,000 C I T Y 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: 541/488-5311 TELEPHONE: 541-482-1702 DATE AGREEMENT PREPARED: April 24, 2016 FAX: BEGINNING DATE: Jul 1, 2016 COMPLETION DATE: June 30, 20'19 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 xvm,%v.asllland.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. See attacled 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 primary 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 $20,142.20 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 a ents harmless Contract for Personal Services, Revised 06/02/2015, 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 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 0610212015, Page 2 of 5 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, 11,000,000, 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. Non appropriations 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 l 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 -Signure ry f}iJiy iAl lJ ~~l~l GGtit..J 6 ~6Y I L.L It.J1FL~F G- Print Name Print Name . ti Title - - Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/02/2015, Page 3 of 5 I 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) 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. I Contractor (Date) Contract for Personal Services, Revised 0610212015, Page 4 of 5 3 i CITY ! ASHLAND, OREGON EXHIBIT B City of Ashland employers LIVING ALL comply WAGE below must of Ashland laws regulating payment of a living per hour effective June 30, 2015 i (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 50% or more of the policy, please see Ashland ➢ 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, For additional information: 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 06/02/2015, Page 5 of 5 CERTIFICATE OF LIABILITY INSURANCE 4/27/20.6D ' 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 po1(cy(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 . PRODUCER ONTACT PAUL VOLLZZ INSM ANCE AGENCY INC PHONE (541) 482-8463 FAx W,,,. 5 4 1j 488-4215 (Atc 450 Sisk3ycsu Blvd Ste 5 ADD IFSS,P`acu1 gaulvo >z:Lnsurance. con Ashland, OR 97520 INSURERS AFFORDING COVERAGE NAIC# INSURER A 7 Mid Century Insurance Co. INSURED project A INSURERB: 5350 Hap 66 F Ashland, OR 97520 INSURER D: INSURER E: 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 1 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 ADUC POLICY EFF POLICY EXY LTR TYPE OF INSURANCE D LIMITS 3 ' X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2 000,000 10 Kk:WrMT- CLAIMS-MADE Mx OCCUR PREMI' Ea o currene $ 75,000 605504869 12/16/1512/16/1 MED EXP An ane erson 5 000 A PERSONAL & ADV INJURY s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4 ,000 ,000 POLICY a PRO. JECT t_..J LOC PRODUCTS -COMP/OPAGG s 2,000,000 s OTHER, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ T, 000, ANYAUTO 605504869 12/16/1512/16/1 BOD1lYINJURY(Perperson) $ $ ALLOWNED SCHEDULED BODILY INJURY (Per accident) A AUTOS AUTOS NON-OWNED POP RTY DAMAGE HIRED AUTOS $ AUTOS P fficident) s UMBRELLA UAB OCCUR EACH OCCURRENCE a EXCESS LIAB CLAIMS-MADE AGGREGATE S H WORKERS COMPENSATION PESTATUTE OR AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If es, describe under E.L.DISEA -POLICYLIMIT Is DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attachedif more space is required) 1 C ERTIFICATE-ROLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CE vwLL BE DELIVERED IN THE City of Ashland 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 3 i *040proj* ectA Agreen~ient 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 Thank 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 t i i s { s i i i E TASK DESCRIPTION a u r~ U Q! O L i I I i j eoovrojectA Agreement 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. i Testing Project A will test all changes in the current Desktop versions of Internet Explorer, Chrome and Firefox. Additional testing in Safari for 10S devices and popular Android devices is included. (Due to the hundreds of Android devices available, it will not be possible to test on every version.) Hosting / Support and Maintenance / Recurring Services -2- ***P ectA Agreement rof 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 (Newt!) 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 month with a three year commitment. This agreement also replaces our current Hosting Y agreement. New feature requests to the software, if beyond 5 hours per month, are not in the scope of this agreement and would be estimated and billed separately. 2 Expected Timeline I I i j i i -3- 4 ectA rof Agreernent 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 1 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. i 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 Y r U City of Ashland Project A, Inc. o Paul Steele L CQ i Name Name -4- ***P octA roje Agreement Signature Signature VP Services Title Title 04/26/2016 Date Accepted Date Accepted s 3 i i i i 1 i -5- Option 2 Add: 2.29 Public Art Commission 18.7 Historic Commission Add: The HC shall review public art proposed for 2.29.165 City Commissions installation on the exterior of structures listed on the National Register of Historic Places or to a G. The Public Art Commission shall provide the contributing property within a Historic District public art concept to all City Commissions for on the National Register of Historic Places. review. City Commissions may review the artist concept using their existing powers and D. The HC shall review the proposed public criteria, and in their advisory role, provide art concept using criteria stated in AMC written input for consideration by the City 18.4.2.060.C and provide their Council. City Commissions may not recommendation to the Director of participate in the creative design process. Community Development. H. The Historic Commission shall review public E. The HC shall provide their art proposed on structures listed on the recommendation within 30 days of National Register of Historic Places and on receiving the concept. contributing properties within a Historic F. The Director of Community District. (AMC 2.24.060) Development shall review the HC L The Public Art Commission shall seek input recommendation and forward it to the from the Historic Commission prior writing City Council and publishing a Call for Artist for public art projects in a Historic District. Option 1 2.24 Historic Commission 2.29 Public Art Commission Add: Add: 2.24.060 2.29.165 City Commissions The HC shall review public art proposed for installation on the exterior of structures listed on A. The Public Art Commission shall provide the the National Register of Historic Places or to a public art concept to all City Commissions for contributing property within a Historic District review. City Commissions may review the on the National Register of Historic Places. artist concept using their existing powers and criteria, and in their advisory role, provide A. The HC shall review the proposed public written input for consideration by the City art concept using criteria stated in AMC Council. City Commissions may not 18.4.2.060.C and provide their participate in the creative design process. recommendation to the Director of B. The Historic Commission shall review public Community Development. art proposed on structures listed on the B. The HC shall provide their National Register of Historic Places and on recommendation within 30 days of contributing properties within a Historic receiving the concept. District. (AMC 2.24.060) C. The Director of Community C. The Public Art Commission shall seek input Development shall review the HC from the Historic Commission prior writing recommendation and forward it to the and publishing a Call for Artist for public art City Council projects in a Historic District. What does Option 1 accomplish? 1) Removes public art from the Land Use Code 2) Removes the requirement of application/findings/fees 3) Removes public art from the Land Use appeals process 4) Shortens the timing 5) Allows the HC to continue to work with planning staff. 6) Allows the Director of Community Development to continue to provide guidance to the HC and review HC recommendations as related to the criteria 7) Allows the City Council to review and consider the HC input 8) Option 1 2.24 Historic Commission 2.29 Public Art Commission Add: Add: 2.24.060 2.29.165 City Commissions The HC shall review public art proposed for installation on the exterior of structures listed on A. The Public Art Commission shall provide the the National Register of Historic Places or to a public art concept to all City Commissions for contributing property within a Historic District review. City Commissions may review the on the National Register of Historic Places. artist concept using their existing powers and criteria, and in their advisory role, provide A. The HC shall review the proposed public written input for consideration by the City art concept using criteria stated in AMC Council. City Commissions may not 18.4.2.060.C and provide their participate in the creative design process. recommendation to the Director of B. The Historic Commission shall review public Community Development. art proposed on structures listed on the B. The HC shall provide their National Register of Historic Places and on recommendation within 30 days of contributing properties within a Historic receiving the concept. District. (AMC 2.24.060) C. The Director of Community Development shall review the HC recommendation and forward it to the City Council What does Option 1 accomplish? 1) Removes public art from the Land Use Code 2) Removes the requirement of application/findings/fees 3) Removes public art from the Land Use appeals process 4) Shortens the timing 5) Allows the HC to continue to work with planning staff. 6) Allows the Director of Community Development to continue to provide guidance to the HC 7) Allows the City Council to review and consider the HC input 8) Requires the Public Art Commission provide The HC shall review public art proposed for installation on the exterior of structures listed on the National Register of Historic Places or to a contributing property within a 2.24 Historic Commission Historic District on the National Register of Add: Historic Places. 2.24.060 D. The HC shall review the proposed public art concept using criteria stated in AMC 18.4.2.060.C and provide their recommendation to the Director of Community Development. E. The Director of Community Development shall review the HC recommendation and forward it to the City Council