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HomeMy WebLinkAbout2004-178 Contract - Project APERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000 C', ! T Y OF -ASHLAND CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: (541) 488-6002 FAX: (541) 488-5311 CONSULTANT: ProjectA, Inc. ADDRESS 340 A Street, Ashland, OR 9i'520 TELEPHONE 541-488-1702 FAX: 541-488-1851 BEGINNING DATE: July 1 2004 COMPENSATION: $250 per month for 12 months (total $3000) COMPLETION DATE: June 30 2005 SERVICES TO BE PROVIDED: Hosting and server maintenance for all contents of the Internet site www.ashland.or, us The agreement will include importation and storage of date, server monitoring, hardware maintenance, maintaining internet connectivity for the domain, data back-up and personnel available on-call to respond if needed. All new content that arises as a result of the development agreement will be imported and stored as a part of the hosting agreement. ADDITIONAL TERMS Project A to provide the City with 200 megabytes of storage space and 1000 megabytes of bandwidth to the site each month. Additional storage will be billed at a rate of $1.25 per megabyte per month. Additional bandwidth will be billed at a rate of $. 10 per moth. 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 be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 3. Completion Date: Consultant shall start performing the service under this contract by the beginning 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 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. Living Wage Requirements: If the amount of this contract is $15,713 or more, Consultant is required to comply with chapter 3.12 of the Ashb~nd Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. 8. 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, expense,s, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. 9. 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. 10. 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. Consultant is a subject employer that will comply with ORS 656.017. 1110. 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 assic, lns or subcontractors and of all persons employed by them, and the approw~l by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. Federal ID # Or Social Security CITY OF ASHLAND: BY CITY ADMINISTRATC)R ,W _ CONTENT REVIEW/~~ - CY'l-~ D E PAC~,'f'~E N-'I~D DATE: PURCHASE ORDER # (for City purposes only)CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$25,000 0FORMS\contract for personal services)(rev'd 9/01) City of Ashland LIVING WAGE hour effective June 30, 2004 (Increases annually every June 30 by the Consumer Price Index) For all hours worked; under a service contract between their employer and the City of Ashland if the contract exceeds $15,964 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,964. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retiremen~t, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY 'OF I/ S H D B im:3Z FC ,T1ON 400 High St SE Salem, OR 97312-1000 Toll Free 1-800-285-8525 OREGON WORKERS' COMPENSATTON CERT'rFICATE OF TNSU RANCE CE RTZF:[CATE HOLDER: IThe policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is [subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 623491 04/01/2004 TO 04/01/2005 04/21/2004 [NSURED: PROJECT A [NC 340ASTSTE 1 ASHLAND, OR 97520-1962 BROKER OF RECORD: SECURITY INSURANCE, A ]BL&K COMPANY 707 MURPHY ROAD MEDFORD, OR 97504 LIMITS OF LT. ABILI:TY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCAT[ONS/SPECZAL ZTEMS: ALL OPERATIONS;. IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to chang(., at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder.. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE Client~: 10118 PROJEC1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurehitech ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 Village Blvd Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Princeton, NJ 08540-7104 609 987-0221 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: St. Paul Fire & Marine Project A, Inc. INSURER B: 340 A Street, Building 1 INSURER C: Ashland, OR 97520 ~NSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY' BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,'NSRADD'L POLICY EFFECTIVEPOLICY EXPIRATION LTR iNSRC TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE (MM/DD/YY) LIMITS A G E.___N ERAL LIABILITY VP06301136 12/16/03 12/16/04 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY ?REMISE~ (La occurrence) $250~000 ] CLAIMS MADE L~ OCCUR NED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $110001000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $2~000~000 I POLICY r~PRO- ,~ E(;:T [~ LOC A AUTOMOBILE LIABILITY VP06301136 12/16/03 12/16/04 COMBINED SINGLE LIMIT ANY AUTO (La accident) 51,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT$ / ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG$ E×CESS,UMBRELLA L,AB,L,TY EACH OCCURRENCE I OCCUR l---'-I CLAIMS MADE AGGREGATE DEDUCTIBLE $ RETENTION $ $ I WC STATU-I OTH- WORKERS COMPENSATION AND TORY LIMITS ER, EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEPJMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VFHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) 1 of 2 #S17603/M16470 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCFLLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO IVlAIL .'{~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE SEC (~ ACORD CORPORATION 1988 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5;300 CITY RECORDER'S COPY l..'.':'. :=.='"=DATE::...' "=~' 7/29/2004 Page 1 / 1 I'. PO.NUMBER.' 05292 "1 VENDOR: 000712 PROJECT A, INC: 340 A STREET ASHLAND, OR 97520 SHIP TO: City of Ashland (541 ) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: 7/1/2004 Special Inst: Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer Confirming? No Quantity Unit DescriPtion Unit Price Ext. Price BLANKET PURCHASE ORDER Web Hostin.cl and Maintenance $250 per month for 12 months Not to exceed $3,000 ::::::::: :: :: :?::: ..: '...".. ":..::::'"'.;.: .:::.':',: ' ' ':'::' "' ' .:: ':. :"' :' · ..:. ...: . .......... · ... . PSK :. Beginning (late: July 1,2004 · . . Completion date: June 30, 2005 ':'. !:::..::'.':':.:."::'.:."'.::'.:"..i'='. ' · ..'. · ..i.:.: i. :::.'.' :. :::":':.::,::::...'.'"i.:: i' ..''.. . . ...... . . ..'."...... : SUBTOTAL 3,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 3,000.00 ASHLAND, OR 97520 Account Number Amount Account Number Amount ............... E 710.01.02.00.6041 O0 3,000.00 . Authoriz~'d Sionature VENDOR COPY REQUISITION FORM THIS REQUEST IS A: E~:hange Order(existing PO # ____ CITY OF -AS I--I LAN D Date of Request: I'~/~.f--/Oc/, I Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description Total Cost Solicitation Proc, ess: BI Exempt (copiesl-']3 Writtenattached)Quotes E~ Sole Source I--] Invitation to Bid (copies on file) D Less than r-1 Request for $5000 Proposal (copies on file) Account Number ~_/~- _~_1-_~)_C}' _.~ ~) __~_/_~ *Please attach the Original signed contract ~ncl Insurance certificate. Materials Only Item # Quantity Unit Description Unit Cost Total Cost Account Number .... *Please attach the quotes. EmployeeNOTE: Signature:this abo~ver~ 'm S'U P'h,e rv is °or~D~/P~J(~ Solicitation Head Signature:Process m ~ and By signing requisition form, t~['~ equest eers r e City s a requirements can be(f~.-dvided "~ when necessary. G:Finance\Procedure~AP~Forms\8_Requisition form.doc Updated on:07/15/02