HomeMy WebLinkAbout2019-330 Agrmt- Acme Computer SERVICES AGREEMENT (less than$25,000)
PROVIDER: ,cnn.e CCC '��`isC'-ii
CITY OF PROVIDER'S CONTACT: C14'n tF r
ASHLAND
20 East Main Street ADDRESS:
Ashland,Oregon 97520 g C'[r=[ G'
Telephone: 541/488-5587 L % _ Mk ;
Fax: 541/488-6006
PHONE:(; {v71j)C
This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an
Oregonmunicipal corporation (hereinafter "City") and /44,11;:a C at;-- tau` :a 2o fi ��i;°� gt nr car n aei dii
("hereinafter"Provider"), for likaaffieadoi 'iljelka Elea-T:8km tdeliwife( 1 k1.
1. PROVIDER'S OBLIGATIONS
1.1 Provide detailed description of services as set forth in the "SUPPORTING DOCUMENTS" attached
hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the
essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or
extension of such deadline may be authorized except in the same manner as herein provided for authority
to exceed the maximum compensation. The services defined and described in the "SUPPORTING
DOCUMENTS" shall hereinafter be collectively referred to as "Work."
1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance
of all Work received hereunder,a policy or policies of liability insurance including commercial general
liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two
million dollars)per occurrence for Bodily Injury and Property Damage.
1.2.1 The insurance required in this Article shall include the following coverages:
• Comprehensive General or Commercial General Liability, including personal injury,
contractual liability, and products/completed operations coverage; and
• Automobile Liability.
1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form and
shall:
• Name as additional insured "the City of Ashland, Oregon, its officers, agents and
employees" with respect to claims arising out of the provision of Work under this
Agreement;
• Apply to each named and additional named insured as though a separate policy had been
issued to each,provided that the policy limits shall not be increased thereby;
• Apply as primary coverage for each additional named insured except to the extent that two
or more such policies are intended to "layer" coverage and, taken together, they provide
total coverage from the first dollar of liability;
• Provider shall immediately notify the City of any change in insurance coverage
• Provider shall supply an endorsement naming the City, its officers, employees and agents
as additional insureds by the Effective Date of this Agreement; and
• Be evidenced by a certificate or certificates of such insurance approved by the City.
Page 1 of 5: Agreement between the City of Ashland and Natm,Ct`Liri?
1.3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with ORS
656.017, which requires subject employers to provide workers' compensation coverage for all of its
subject employees.
1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status,
familial status or domestic partnership, national origin, age, mental or physical disability, sexual
orientation, gender identity or source of income, suffer discrimination in the performance of this
Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees
not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned
business, a business that a service-disabled veteran owns or an emerging small business enterprise
certified under ORS 200.055, in awarding,subcontracts as required by ORS 279A.110.
1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under
this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.
1.6 Living Wage Requirement: If the amount of this Agreement is$21,127.46 or more,Provider is required
to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that
chapter,to all employees performing Work under this Agreement and to any subcontractor who performs
50% or more of the Work under this Agreement. Provider is also required to post the notice attached
hereto as "Exhibit A"predominantly in areas where it will be seen by all employees.
2. CITY'S OBLIGATIONS
2..1 City shall pay Provider the sum of i,5)(93,51jaMmri , ' Uf c L'at4 uii u1 c nistiw aotig eaaiifnl
LtilTj iko° I -fl ;; t iii i'.?Ad i0441100; as provided herein as full compensation for the Work
as specified in the SUPPORTING DOCUMENTS.
2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed
the sum of SHOE ii_(;(ii (this is maximum, not to exceed amount of ENTIRE Agreement) without express,
written approval from the City official whose signature appears below, or such official's successor in
office. Provider expressly acknowledges that no.other person has authority to order or authorize
additional Work which would cause this maximum sum to be exceeded and that any authorization from
the responsible official must be in writing. Provider further acknowledges that any Work delivered or,
expenses incurred without authorization as provided herein is done at Provider's own risk and as a
volunteer without expectation of compensation or reimbursement.
3. GENERAL PROVISIONS
3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from
Provider and is free to procure similar types of goods and services from other providers in its sole
discretion.
3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose.
3.3 . Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability
insurance,paid leave, and retirement. .
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3.4 All Work product or documents produced in furtherance of this Agreement belong to the City, and any
copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in
and is hereby assigned to the City.
3.5 This Agreement embodies the full and complete understanding, of the parties respecting the subject
matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties,
whether written or oral.
3.6 This Agreement may be amended only by written instrument executed with the same formalities as this
Agreement.
3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 279B.220,279B.230 and 279B.235.
3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws
principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the
Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,
in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party
expressly waives any and all rights to maintain an action under this Agreement in any other venue, and
expressly consents that, upon motion of the other party, any case may be dismissed or its venue
transferred, as appropriate, so as to effectuate this choice of venue.
3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents
from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of
any nature resulting from, arising out of, or relating to the activities of Provider or its officers,
employees, contractors, or agents under this Agreement.
3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance
caused by acts of God, strikes, lockouts,accidents,or other events beyond the control of the other or the
other's officers, employees or agents.
3.10 If any provision of this Agreement isfound by a court of competent jurisdiction to be unenforceable,
such provision shall not affect the other provisions, but,such unenforceable provision shall be deemed
modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the
intent of Provider and the City set forth in this Agreement.
4. SUPPORTING DOCUMENTS
4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are
collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:"
• The City's written"Ayp-dorN�Fonv Vatirs nzAra rw'c ldir ,.tc4 numfa
• The Provider's complete written"aomtvd<<' V MAL i 1S.
4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually
complimentary and supplementary wherever possible. In the event of a conflict which cannot be so
resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of
the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the
SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order
listed in Subsection 4.1.
Page 3 of 5: Agreement between the City of Ashland and Aely e
5. REMEDIES -
5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the
remedies available to it under this Agreement and at law or in equity, including,but not limited to:
5.1.1 Termination of this Agreement;
5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled
completion dates or any Work that have been delivered inadequately or defectively;
5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief;
5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue
any remedy or remedies singly, collectively, successively or in any order whatsoever.
5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or
for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay
immediately any excess to City upon written demand provided.
6. TERM AND TERMINATION
6.1 Term
This Agreement shall be effective from the date of execution on behalf of the City as set forth below
(the "Effective Date"), and shall continue in full force and effect until kig r ''L, , unless
sooner terminated as provided in Subsection 6.2.
6.2 Termination
6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time.
6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement
for any reason deemed appropriate in its sole discretion.
6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14)days' prior
written notice if the cause is not cured within that fourteen (14) day period after written notice.
Such termination is in addition to and not in lieu of any other remedy at law or equity.
7. NOTICE
Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in
writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or
by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the
address set forth below:
If to the City:
City of Ashland—IT Department
Attn: Adam Hanks
20 E.Main Street
Ashland, Oregon 97520
Phone: (541)488-2046
With a copy to:
City of Ashland.—Legal Department
20 E.Main Street
Ashland,OR 97520
Phone: (541)488-5350
If to Provider:
Page 4 of 5: Agreement between the City of Ashland and:'- ; r oglu; i
S '
Acme Computer
Attn: Cael Weston
1512 S Oregon Street,
Yreka, CA 96097
PHONE: (877) 630-2263
8. WAIVER OF BREACH
One or more waivers or failures to object by either party to the other's breach of any provision,term,condition,
or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether
or not of the same nature.
9. PROVIDER'S COMPLIANCE WITH TAX LAWS
9.1 Provider represents andwarrants to the City that:
9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply
with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Provider; and
(iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any of
the foregoing tax,laws or provisions.
9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this
Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Provider; and
(iii) .. Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.2'. Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any
political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further,
any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of
this Agreement. Any material breach of this Agreement shall entitle the City to terminate this
Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by
their duly authorized representatives as of the dates set forth below.
Page 5 of 5: Agreement between the City of Ashland and \Gx S: csr [:k i
CITY OF ASHLAND: &MN arfilliTYMt (PRI AO ER):
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EXHIBIT A
C TY OF ASHLAND, OREGON
City f Ashland
LIVING
> E employers descri -bed WAG E
below must camplfyr with City
of AshEa:nid is E-5, uaating
payment of a living wage_
$15.1 2 per hour, effective June 30,2013.
Pr4ailf1 The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
Employees must be paid a of business of their employer, 40IK end 6FSeigib1e
living wage: of thea Bras ten or mafetriepfans� a1adiig
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For additional information:
Call the Ashland City Administrator's ace at 541.48 I 02 or wrote to the CityAdministrator,
tor,
City Hall,213 East Main Stet,Ashland,OR 9752?,or visit the Cayes website at www land_or_us_
Notice to Employers_ This notice:most he posted preadorninaaa1ly in areas whose it can be
seen by all employees.
CITY OF
. HLAND
Exhibit A—City of Ashland Living Wage 2018
CITY OF
11,r I LS H LAN D
Request for Quote
Statement of Work
The City of Ashland IT Department is requesting quotes for professional services:specifically,telephony
work to identify and document existing telephone phone lines that traverse the existing phone system.
This work is preparation for a new VoIP telephone system deployment,at which point those lines
identified in this project will be transferred over to the new system (just prior to go-live).
This project includes visiting multiple sites of different sizes,construction styles,and age„but which all
participate in the existing City telephone system by having a Tadiran Coral "remote shelf"that is fiber-
connected back to the central PBX.
Contractor Requirements:
• Familiarity with POTS telephony and station cabling,including the use of 66-block cross-connect
panels,and an understanding of punch-down phone connections is required.
• Contractor availability and ability to deliver rapidly will be key selection criteria,as the target for
completion of this contract work is August 16th,since the new telephone system project is
currently targeted for go-live on August 21g.
• Ability to tone,identify and document the physical telephone connections associated with ports
in a Tadiran Coral remote phone shelf.
• Workers must have valid low-voltage wiring certification
Scope of Work
Sites
• Police Department(7 lines)
• Lithia Park Office(3 lines)
• Utility Service Center(4 lines)
• Streets/Fleet(1 line)
• WWTP(4 lines)
• North Mountain Park(1 line)
• Oak Knoll Maintenance Shop(2 lines)
• Court(2 lines)
• WTP(2 lines)
• Contact Station(1 line)
• Senior Center(2 lines)
Sites Already Partially Completed
• • Fire Station#1
• City Hall
•' Community Development
Page 1 of 2
ter,
• Golf Pro Shop
• Grove
Deliverables:
• Documentation correlating ports-to-connections for the remote shelf at each site.
• Identify and label requested analog and digital to analog lines coming from or to the onsite voice
cabinet, DMARK, and/or 66-block and building wiring.
• Wire each analog connection to the Shortel ATA
RFQ Response Requirements:
• Hourly rate should show cumulative total for all workers,if intending to use more than one
person for the type of work described above.
• Please respond as soon as possible upon receipt of this Request for Quotes.We will be making a
selection and moving forward at the earliest possible opportunity.
• Contract will have a "not to exceed$10,000"clause.
• The selected contractor will be required to sign a standard City personal services contract prior
to commencement of work.
• Responses should be sent via email to:
dan.hendrix@ashland.or:us
Response Format:
Responses do not need to be formal,they just need to include the following basic information:
Earliest Availability(Start-Work Date)
Hourly Billing Rate
Contact Information(Name, Phone, Email)
AcmeComputer
44
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MANAGED SERVICES SYSTEMSDESIGNFIBER&CABLE SURVEILLANCE VOICE
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Standard Engagement Letter
Siskiyou Technology Consultants dba Acme Computer isa technology services provider with offices in California and Oregon.
Acme specializes in system design, installation,and support of primary business networks,video surveillance networks,wireless
networks,Vo1P networks,and structured cabling in fiber and copper(CA LIC#837371,OR CCB#194982).
We are pleased to have the opportunity to provide technology consulting services to your company. This letter is intended to
confirm the terms of our representation of services to you. This document covers matters that establish our working relationship,
so please read it carefully. Specifically, this Standard Engagement Letter describes the terms upon which Acme will provide
professional services to your organization:At your direction,we will undertake to provide appropriate consulting services in order
to advance your interests with respect to such matters as you may assign to us and we may accept on a periodic and/or per-
incident basis.
1. Professional Undertaking: Our goal is to provide you with quality technology consulting services,on schedule,and at a
reasonable cost. Using our professional judgment,we will endeavor to assign work onyour behalf to those consultants,
technicians,engineers, and developers that we deem appropriate under the circumstances.Although we will do our best
to serve you effectively,we cannot guarantee success on any given project or endeavor. Nor do we guarantee that any
particular result will be attained by us.
2. Hourly Fees: Generally, our fees for services are calculated based upon the applicable hourly rates for those
professionals who perform the work-at-hand. Our schedule of hourly rates for such personnel is based on experience,
education,training and level of professional attainment.Currently,our hourly rates range from$95 to$275.For a limited
time,August 2nd,2019 to August 16h,2019,we agree to bill the City of Ashland a discounted rate of$95-$125 per
hour for all work performed.Total billables not to exceed$10,000.
3. Emergency Support: Emergency,after-hours,and weekend support will be billed at one and a half times standard rates.
Normal business hours are defined as 8 a.m. to 6 p.m. Monday through Friday, not including holidays. Holiday support
will be billed at twice Acme's standard rates. Holidays include New Year's Day, Memorial Day, July 4th, Labor Day,
Thanksgiving,the Friday following Thanksgiving,and Christmas Day.
4. Onsite Support: Acme charges a one-hour minimum for all onsite support. All onsite visits will be billed"portal-to-portal",
that is from the time the technician leaves the nearest Acme office until the time he returns to the office. There may be
additional travel charges for customers whose offices are more than an hour's drive from the nearest Acme offices.
5. Other Fee Arrangements: On occasion, and by specific separate agreement, a fee schedule other than an hourly fee,
such as a fixed fee for a specifically defined project may be utilized. In such a case,the fee and payment schedule will be
set forth in a separate agreement or addendum, but all other terms of this Standard Engagement Letter will apply.
6. Costs: In the course of rendering services to your organization, it may be necessary for us to incur expenses for items
such as hardware,special delivery services,travel, lodging and meals.The actual expenses may vary depending on the
type of services that we provide to your company.Certain expenses may include an adjustment,above cost,to cover our
expenses in providing the billed service or product.
7. Invoices:Generally,our invoices are prepared and mailed as services or expenses are incurred.Our invoices are payable
upon presentation, and are overdue if not paid by the Due Date set forth on the invoices.
8. Late Payments: If you fail to pay our invoices in full on or before the Due Date set forth on the invoices,we reserve the
right to assess a monthly service charge equal to 1.5%of all fees and expenses which are past due.This monthly service
charge will be billed to you at the end of each month in which a late payment occurs. In no event will the service charge
be greater than permitted by any applicable law.We also reserve the right to apply funds held as retainer against any
past due amounts.
9. Retainer:Typically,we require an advance payment before commencing work on your behalf.Our proposal or estimation
documents will specify the amount of any such advance required by our firm. In most cases, the retainer amount is
calculated to cover initial consultation fees and expenses for a 30-day period. Fees:and expenses are invoiced as
incurred, and unless•they aredeemed to be the last such fees and expenses associated with the project, in accordance
with the policy the retainer will not be used to pay these invoices. In this way, adequate funds exist on deposit to allow
planning and scheduling of subsequent work and associated fees and expenses. If retainer balances are deemed
insufficient to cover subsequent fees and expenses,additional retainer may be required.Any remaining retainer balance
at the conclusion of the engagement will be refunded.
10. Warranties: During the course of the engagement, we may recommend the purchase and installation of computer or
technological hardware, software, communication'devices and/or services. Warranties, to the extent they exist, are
provided solely by the manufacturer/vendor of those products, and we specifically disclaim all warranties, expressed or
implied, including the implied warranty of merchantability and fitness for a particular purpose associated with these
products or services.
11. Termination: You have the right to terminate our services at anytime for any reason.We have the same right, subject'
to a professional and ethical obligation,to give you reasonable notice to arrange for alternative support.
12. Special Arrangements: Special arrangements,if any,governing the basis on which we will provide and bill professional
services to you and varying from or expanding upon the general arrangements set forth,in this Standard Engagement
Letter would be described in a cover letter to you or in a separate agreement or addendum.
13. Confidentiality:We treat all aspects of our client relationships,as confidential,and will gladly provide or sign appropriate
non-disclosure agreements if desired.
14. Other Matters: Unless we otherwise agree,the terms and.conditions of this letter will apply to all matters for which you
engage us. If you have any questions or concerns about the terms of this Standard Engagement Letter, please contact
• us immediately.
Company Name: City of Ashland Oregon '
Billing Address: 90 N Mountain Ave,Ashland,Oregon 97520 '
By(Printed Name): Don Hendrix
Signature:
Title: Information Systems Manager Dated:
www.AcmeComputer.com '
•
Southern Oregon University
Cablecasting Contract with the
Ashland Parks Commission
This contract is entered into by and between Southern Oregon University,a University with a governing board,on
behalf of Rogue Valley Community Televisidn,hereinafter"RVTV",and the Ashland Parks and Recreation
Commission,hereinafter"Parks".
The purpose of this contract is for cable television services provided by Rogue Valley Community Television at
Southern Oregon University for the Ashland Parks and Recreation Commission. The term of this contract is for two
(2)years from July 1,2019 through June 30,2021. Both parties agree as follows:
RVTV Shall:
I. Televise live on the fourth Monday of each month the regular monthly meeting of Parks from the Ashland
Civic Center during the term of this contract.
2. Provide technical support for each meeting;videotape record each meeting for later playback;and publicize
each meeting on one of its information channel(s).
3. At the direction of the Parks Director,provide up to two(2)program slots in either the Civic Center or
RVTV studio for additional programming for up to fourteen(14)total programs per year.
4. Offer any additional video production services to the Parks at regular government contracted rates.
5. Provide Video on Demand("VOD")services to include archiving recorded meetings of the Park's
government access programming for a period of one year from date of capture. RVTV will provide the city
with links to the city website.
Parks Shall:
I. Provide a monthly agenda to RVTV for inclusion on information channel(s)bulletin boards.
2. Pay RVTV a total of$5,150 for services rendered under this Contract. Two equal payments of$2,575 shall
be made by July.15,2020 and July 15,2021. Parks will not be charged for months when the meetings are
not taped/televised.The adjustment for July 1,2019 through June 30,2020 will be applied to the payment
due on July 15,2020.The adjustment for July 1,2020 through June 30,2021 will be applied to the payment
due on July 15,2021.
3. Video on Demand("VOD")services will be billed separately at the rate of$55 per program which have
been captured for Internet playback,not to exceed$770.00.
4. Special taping at the Parks Department office will be billed at$500 for the first two(2)hours.Each
additional hour will be billed at$45.00 per hour. -
5. Payments should be made payable to Southern Oregon University and mailed to:
SOU Business Services
Attn:Jayne Atkins
1250 Siskiyou Blvd.
Ashland,OR 97520
Terms and Conditions:
1. Termination. Either party may terminate this Contract by providing the other party with written notice of
Termination to take effect thirty days after receipt of notice.
2. Assignability. This Contract is for the exclusive benefits of the parties hereto.It shall not be assigned,
transferred,or pledged by either party without the prior written consent of all the remaining parties.
3. Discrimination. The parties agree to comply with all applicable federal,state,and local laws,rules,and
regulations on nondiscrimination in employment because of race,color,ancestry,national origin,religion,
sex,marital status,age,medical condition,disability,sexual orientation,gender identity or source of
income.
4. Indemnification. The parties shall each be solely responsible for the acts,omissions or negligence of its
own officers,employees,or agents. As a state agency,RVTV's indemnification is subject to the limits of
ORS 30.260—30.300 and the Oregon Constitution Article XI,Section 7.
5 Public Contracts. Both parties agree to comply with all federal,state,county and local laws,ordinances,
and regulations applicable to this Contract.
6. Waiver. Waiver of any breach of any provision of this Contract by either party shall not operate as a
wavier of any subsequent breach of this same,or any other provision for this Contract.
7. Both parties are subject employers under the Oregon Worker's Compensation Law and shall comply with
ORS 656.017,which requires both parties to provide workers compensation coverage for all of its subject
workers.
8. Access to Records. Parks shall maintain books,records,documents,and other evidence and accounting
procedures and practices sufficient to reflect properly all costs of whatever nature claimed to have been
incurred and anticipated to be incurred in the performance of the oral agreement. Southern Oregon
University,Oregon Secretary of State,Federal Government,and their duly authorized representatives shall
have access to the books,documents,papers,and records of Parks which are directly pertinent to the
agreement for the purpose of making audit,examination,excerpts,and transcripts. Such books and records
shall be maintained by Parks for three years from the date of the completion of work unless a shorter period
is authorized in writing. Parks is responsible for any audit discrepancies involving deviation from the terms
of the agreement and for any commitments or expenditures in excess of amounts authorized by RVTV.
9. Any amendment to this Contract shall be in writing and signed by authorized representatives of both
parties.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES.THERE ARE NO
UNDERSTANDINGS,AGREEMENTS OR REPRESENTATIONS,ORAL OR WRITTEN,NOTSPECIFIED
HEREIN REGARDING THIS AGREEMENT.NO AMENDMENT,CONSENT,OR WAIVER OF TERMS OF THIS
AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES.ANY
SUCH AMENDMENT,CONSENT,OR WAIVER SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE
AND FOR THE SPECIFIC PURPOSE GIVEN. EACH PARTY,BY THE SIGNATURES BELOW OF ITS
AUTHORIZED REPRESENTATIVE ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE
AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
City of Ashland Southern Oregon University,on :- of Rogue Valley Te ision
—41
Michael A_Black , Date :Y.ndon Givensf Date
Director,Ashland Parks and Recreation Commission SOU Digital Media Center
•
09/06/19
Patricia Syquia Date
SOU Contracts/Risk Manager
cc:Jayne Atkins,Business Services
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