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Home My WebLink About1995-042 Contract - Moore Chastain ITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CItY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 (503) 482-3211 FAX: (503) 488-5311 AGREEMENT DATE: April 20, 1995 Ii4. COMPENSATION: $10,000 plus direct costs I[1. SERVICES TO BE PROVIDED: CONSULTANT: Moore Breithaupt & Chastain Address: 494 State Street, Suite 250 Salem OR 97301 Telephone: 503-364-9326 FAX: 503-364-2362 I[3. BEGINNING DATE: April 20, 1995 I[3. COMPLETION DATE: October 20, 1995 Update, and on a limited basis revise, the City's SDC's. ADDITIONAL TERMS: CITY AND CONSULTANT AGREE: 1. 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. 2. 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 workerlike manner and, if required to bc registerod, licensed or bcnded by the State of Oregon, are so registered, !iceneed and bonded. Censu!ta.n.t sha!l a!so 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: 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 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 '~'ill endeavor to mail" written notice is unacceptable. 11. Assi.qnment 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: D~ector of Finance-- CONTENT REV/EW:~ -2Y (Oily Dept. Head) Date: ~// ,:ORM R ,EW.. p^ °ate: f I Coding: ~/~ -- ,~ / - ¢ ~ ~ ~ ~ (~r C~ pu~oses only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:forms l a-shrtps.fk)(rev'd 7/93)