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HomeMy WebLinkAbout1999-074 Contract - Joel Barker ITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 (541) 488-6002 FAX: (541) 488-5311 AGREEMENT DATE: April 23, 1999 ¶4. COMPENSATION: $765.00 CONSULTANT: Joel Barker Address: 497 Beach Street Ashland, OR 97520 Telephone: (541) 944-0058 ¶3. BEGINNING DATE: April 5, t999 ¶3. COMPLETION DATE: April 16, 1999 ¶1. SERVICES TO BE PROVIDED: Fiber Management Software research; testing fiber management databases, cabling. ADDITIONAL TERMS: CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant shall, at its own dsk and expanse, parform the parsonal services described above and, unless othenNise specffied, furnish all labor, equipment and materials required for the propar parformance of such service. 2. Qualified Work: Consultant has represented, and by entedng into this contract now represents, that all parsonnel assigned to the work required under this contract are fully qualified to parform the service to which they will be assigned in a skilled and workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered. licensed and bonded. Consultant shall also procure and maintain a current City dAshland business license. 3. Completion Date: Consultant shall start parforming the service under this contract by the date indicated above and complete the service by the completion date indicated above. 4. Compensation: City shall pay Consultant for service parformed, including costs and expenses, the sum of specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the pdor month. 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. 5. Ownershil~ of Documents: All documents prepared by Consultant pursuant to this contract shall be the preparty of City. 6. Statutory ReQuirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. 7. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expanses, judgments, subregations, or other damages resulting from injury to any parson (including injury resulting in death,) or darnage (including loss or destruction) to proparty, of whatsoever nature adsing out of or incident to the parformance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to parform 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 approximately caused by the negligence of City. 8. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to parform its obligations through no fault of Consultant. 9. Independent Contractor Status: Consultant is an indepandent contractor and not an employee of the City. Consultant shall have the complete responsibility for the parformance of this contract. Consultant shall previde workers' compansation coverage as required in ORS Ch 656 for all parsons employed to perform work pursuant to this contract and pdor to commencing any work, Consultant shall previde City with adequate proof of workera' compansation coverage. Consultant is a subject employer that will comply with ORS 656.017. 10. Insurance: Consultant shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errers and omissions, products and completed oparstions and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 par occurrence (combined single limit for bodily injury and preparty damage claims) or $500,000 par occurrence for bodily injury and $100,000 par occurrence for proparty damage. Liability coverage shall be previded on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this agreement. These certificates shell contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days pdor written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 11. 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 parsons 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. CONSULTANT: CITY OF ASHLAND: CO~ REVIE (City Dept. Head) Date: FORM REVIEW: (City Attorney) Date: Purchase Order # Coding: 69f-a2-624.00 (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p.forms~a-shrtps. fk)(rev'd 7/93) Joel Barker 497 Beach St. Ashland OR 97520 Invoice 4/16/199 for the City of Ashland Fiber Network 90 N Mountain St Ashland OR 97520 Date 4/5 4/6 "4/7 i4/12 14/13 :~4/14 i4/ s .4/16 Time 5 hours 7 hours 7 hours 4 V2 hours 7 hours 6 hours 2 hours 7 hours 5 1/2 hours Description Fiber Management Software research Fiber Management Software research, Cabling Testing Fiber management databases, cabling Testing software, cabling cabling Software testing cabling _ cabling For 4/5/1999 Through 4/16/1999: 51 hrs @ $15/hr = $765