HomeMy WebLinkAbout1995-033 Contract - Marty Main CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000
CITY OF ASHLAND, (CITY) CONSULTANT: Marty Main, Small Woodland Services
20 E. Main St. Address: 1305 Butte Falla Hwy., Eagle Point OR 97524
Ashland, Oregon 97520
(~;03) 4~2-3211 FAX: (503) 488-5311 Telephone: 826-5308 FAX:
AGREEMENT DATE:
~3, BEGINNING DATE: March 20, 1995
44. COMPENSATION: Maximum $1,200 43, COMPLETION DATE: April 20, 1995
41. SERVICES TO BE PROVIDED: Develop a wildfire fuel reduction prescription for 2 City Parcels--
39 1E Sec. 16 BA tax lot 1500, below the road; and 39 1E 16BD 300, below the road
ADDITIONAL TERMS: Exempted from professional liability insurance. City to be billed for actual time, and
materials.
CITY AND CONSULTANT AGREE:
1. AJl Costs by Consultant: Consultant shall, at its own risk and expense, perform the peruanal services described above and, unless otherwise
specified, furnish all labor, equipment and materials required for the proper performsnee of such service.
2. Qualified Work: consultant has represented, and by entering into this confi'act now represents, that all personnel assigned to the work
required under this contract are fully qualified to perform the service to which riley 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 of Ashland 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: NI 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
c~ims) or $500,000 per occurrence for bodily injury and $!00,000 per occurrence fcr properb! 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 restrictive
modifications cannot be made until at least 30 days prior 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. Assi~lnment 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:
~ ~ //- ~/~ -,' .~ ,.~
CITY Of ASHLAND:
Fil~ce Direc~r.., / 4/' ~
FORM R~IEW' ~~ (C~ A~mey) D~' ~
. .
CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$13,000 (p.Yorms la-shrtps.fk)(rev'd 7/93)
[c:lengi~eerlf~ie~con. fe'nl