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Home My WebLink About2000-158 IGA/AMNDs - RVCOG - TAP ITY OF ASHLAND PERSONAL SERVICES CONTRACT CITY OF ASHLAND, (CITY) CONSULTANT: ROGUE VALLEY COUNCIL OF GOVERNMENTS 20 E. Main St. Address: P O BOX 3275 Ashland, Oregon 97520 CENTRAL POINT OR 97502 (541) 488-5587 FAX: (541) 488-6006 Telephone: 779-6785 Fax: 541-664-7927 AGREEMENT DATE: August 24, 2000 ¶3. BEGINNING DATE: July t, 2000 (reimbursement authorized back to Jul 1, 2000) ¶4. COMPENSATION: Not to exceed ¶3. COMPLETION DATE: December 30, 2001 $15,000 ¶1. SERVICES TO BE PROVIDED: ADMINISTRATION AND COORDINATION FOR THE TAP PROJECT AS IDENTIFIED IN THE ATTACHED CONTRACT SCOPE ADDITIONAL TERMS: Errors and omissions insurance not required. City of Ashland is only responsible for the portion of the Intertie from Medford to Talent and not the general improvements for the benefit of just the City of Talent and/or the City of Phoenix, and not for the application for Rural Development or other funding. CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the pemonal services described above and, unless othen~ise specified, furnish all labor, equipment and materials required fur the proper performance of such service. 2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work ~qui~d under this contract are fully qualified to perform the service to which they will be assigned in a skilled and workeriike manner and, if required to be mgistsred, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Consultant shall also procure and maintain a current City of Ashlend business license. 3. Completion Date: Consultant shall start performing 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 performed, 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 prior 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. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property 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, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this 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 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 perform its obligations through no fault of Consultant. 9. 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 and prior to commencing any work, Consultant shall provide City with adequate proof of workers' compensation 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 errors and omissions, products and completed operations and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional 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 shall contain provision that coverages afforded under the policies can not be canceled and rostdctive 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 '~vill endeavor to mail" written notice is unacceptable. 11. Assianment 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. CONSULTANT: Fsd. ,O# CITY OF ASHLAND PERSONAL SERVICES CONTRACT Fin~l~i~ctor CON~NT REVlE~4~' Date: FORM REVlEV~' Coding: (City Dept. Head) (City Attorney) Date: (for City purposes only) RVCOG BUDGET SUMMARY TAP INTERTIE PROJECT for the cities of Talent, Ashland and Phoenix Estimated Monthly Total 18 months TASK HOURS HOURS Monthly Meetings TAP 4 72 TAC 4 72 Meeting Minutes TAP 3 54 TAC 3 54 Meeting Prep TAP 3 54 TAC 3 54 Administration Correspondence 6 108 Problem Solving 3 54 Records 4 72 Miscellaneous 8 144 Tot~ 41 738 41 hours per month x 18 months = 738 hours x $55 = Mileage, Postage, Telephone, Photo Copy per month $78 x 18 months = $40,590 $1,410 Total contract $42,000 divided between cities = $14,000 each city F:~GIONAL~IORRI SON~TAP~Contraets\RVCO(Jhours#2 .wpd $42,000 INTERGOVERNMENTAL AGREEMENT [.~ .................. J CiTY OF ASHLAND THIS AGREEMENT is made and entered into by and between the Rogue Valley Council of Governments, a voluntary intergovernmental association, hereinafter referred to as RVCOG, and THE CITY OF TALENT, THE CITY OF PHOENIX AND THE CITY OF ASHLAND, hereinafter referred to as CITIES, and all herein referred to collectively as the PARTIES, WITNESSETH THAT: WHEREAS, RVCOG, has been providing contract management services and grant management services on a time and materials basis for CITIES for the Talent/Ashland/Phoenix Intertie Project (TAP) project; and WHEREAS, the original agreements for RVCOG to perform these services have expired. NOW THEREFORE, in consideration of the terms, conditions, and stipulations, within this agreement, the PARTIES do mutually agree to perform as follows: A. RVCOG RESPONSIBILITIES Staffing for the TAP Intertie Committee · Communication with the Engineer Problem Solving · Record maintenance of contract issues and TAP meetings · Meeting coordination between Engineer and TAP Committee or CITIES Grant management tasks may include, upon request, but are not limited to: · Acting as the contact point for funding agencies and others · Document preparation · Financial tracking B. CITIES RESPONSIBILITIES · Shall make available copies of all applicable policies, procedures, codes, ordinances, maps and any other information necessary to enable accurate and timely service · Request additional services in a timely manner to provide RVCOG time to respond. · Will provide continual oversight, policy guidance and technical support through their TAP Committee Representatives and City staff throughout the project duration. C. TIME PERIOD FOR PERFORMANCE OF SERVICES This agreement shall take effect on July 1, 2000 and terminates on December 31, 2001. If pro_iect extends beyond that date, parties will amend contract accordingly. TAP Agreement I 7/17/00 D. AMENDMENTS AND TERMINATION 1. This document constitutes the entire agreement between the PARTIES and no other agreement exists between them, either stated or implied. Any amendments or changes to the provisions of this agreement shall be reduced to writing and signed by both PARTIES. 2. Either party may cancel this agreement at any time by giving thirty (30) days notice in writing and delivered in person or by certified mail to the other party. CITIES may terminate this agreement effective upon delivery of written notice to RVCOG, or at such later date as may be established by CITIES, under any of the following conditions: a. IfRVCOG fails to provide services called for by this agreement within the time specified herein or any extension thereof. If RVCOG fails to perform any of the other provisions of this agreement or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from CITIES fails to correct such failures within 10 days or such longer period as CITIES may authorize. c. If CITIES fail to receive funding at levels sufficient to pay for the work provided in the agreement. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. E. PAYMENTS 1. Payment for RVCOG services performed under this Agreement shall be for actual expenses incurred not expected to exceed $42,000 with the CITIES splitting costs evenly. 2. RVCOG shall present invoices for periods of not less than one month duration, based on actual expenses incurred. CITIES shall reimburse RVCOG within 30 days. F. REPORTS. RECORDS. DOCUMENTS 1. RVCOG will make available copies of all documents, reports, and written materials developed. Provided that RVCOG has been paid for the Services, CITIES shall have the right to use the documents, maps, photographs, drawings and specifications resulting from RVCOG'S efforts on the project. TAP Agreement 2 7/17/00 O. INDEMNIFICATIONS 1. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300 and the Oregon Constitution, Article XI, Section 7, the parties agree to save, hold harmless and indemnify each other from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities of the other party in connection with this Agreement. Neither party shall be liable for any loss, damage, injury, claim or demand against each other arising from their respective activities in connection with this agreement. 2. RVCOG shall comply with all applicable laws, ordinances, and ex)des of federal, state, and local governments. RVCOG, its subcontracts, if any, and all employees providing work, labor, or materials under this contract are subject employees under the Oregon Workers' Compensation Law and shall comply with ORS 656.017 which requires them to provide Workers' Compensation for all their employees. H. CONSEQUENTIAL DAMAGES Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or. loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are eansed by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. I. ATTORNEYS' FEES If suit or action is instituted in connection with any controversy arising out of this agreement, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial on petition for review and on appeal. J ASSIGNMENT Neither party shall assign or transfer any interest in, nor assign any claims for money due or to become due under this contract without written approval of the other PARTY. K. LIMITATIONS This agreement in no way restricts RVCOO or CITIES from participating in similar activities with other public or private agencies, organizations, or individuals. L. INSURANCE RVCOG agrees to maintain during the performance of the Services: (I) statutory Workers' Compensation coverage for its employees; (2) RVCOG's General Comprehensive Liability coverage as to third parties in the aggregate sum of $1,000,000. RVCOG shall provide proof of coverage listing RVCOG as a co-insured prior to commencement of work on the project. TAP Agreement 3 7/17/00 M. PROJECT ADMINISTRATOR Project administration for the RVCOG will be managed by: John Morrison Community Development Program Manager Rogue Valley Council of Governments P.O. Box 3275 Central Point, OR 97502 Phone: (541) 664-6676 Ext. 243 Fax: (541) 664-7927 IN WITNESS WHEREOF, the RVCOG and CITIES have mused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below. PARTIES TO AG~REEMENT Mayor, City of Tale/n~,, Michael Cavallaro Executive Director, RVCOG Date Date Date TAP Agreement 4 7/17/00 CITY OF ASHLAND 20 E MAiN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000506 RVCOG P O BOX 3275 CENTRAL POINT, OR 97502 I 9/26/oo I SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 PAGE 1 / 1 01471 FOB Point: Terms: Net Req. Del. Date: 7/1/00 Special Inst: Req. No.: Dept.: Paula Brown - Public Works Contact: Paula Brown - Public Works Confirming? Yes BLANKET PURCHASE ORDER ' i 15,000,00 Tap Project ~s Identified in the Agreement Date: August 24, 2000- ~'* Completion Date: December 30, 2001 SUBTOTAL 15,000.00 BILL TO: ~ount Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 15,000.00 E 670.08.15.00.704200 3,750.00 E 670.08.36.00.704200 11,250.00 VENDORCOPY CITY OF ASHLAND REQUISITION No. PW263 - 2000 Department PW - Engineering - WATER Date September 19, 2000 Vendor RVCOG Requested Delivery Date now PO Box 3275 Deliver To Central Point, OR 97502 Via PAULA BROWN 670.08.15.00.704200 - 25% 670.08.36.00.704200 - 75% Account No. (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on pfintlng jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. 1 Eontract Management Services - TAP Project $15,000 $15,000 Eontract Attached FY01 Job No. Unit No. l~panment Head or Authorized Pea'son Issued By Date Received By