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Home My WebLink About1997-005 Contract - RVCOG CITY OF ASHLAND Office of the City Attorney (541) 488-5350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM Paul Nolte, City Attorney Sharlene P. Stephens, Legal Assistant DATE: February 4, 1997 TO: Paula Brown, Jill Turner, and Barbara Christensen FROM: Sharlene P. Stephens RE: Personal Services Contract with Rogue Valley Council of Governments This contract was prepared in triplicate. One original is attached to each of your memorandums. Attachment (8 :\contract.meml -:; CITY OF ASHLAND, (CITY) CONSULTANT: Rogue Valley Council of Governments 20 E. Main St. Address: Post Office Box 3275 Ashland, Oregon 97520 Central Point, Oregon 97502 (503) 482-3211 FAX: (503) 488-5311 Telephone: 541 /779-6785 FAX: 541 /664-7927 AGREEMENT DATE: January 30, 1997 P3. BEGINNING DATE: January 30, 1997 P4. COMPENSATION: Reimbursement P3. COMPLETION DATE: July 31, 1997 P1. SERVICES TO BE PROVIDED: Designation of Paula C. Brown (PE #16745) as City Engineer. Perform services as requested by the City of Ashland including but not limited to plan review and approval, project review and technical approval, etc. ADDITIONAL TERMS: Paragraph 10 is deleted. See attached Exhibit A for compensation details. City and "Consultant" may agree to extend this agreement for an additional 6 months. CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 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. 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: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutorv 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 "will endeavor to mail" written notice is unacceptable. 11. AssiQnment 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. CITY OF ASHLAND: ector of Finance C NTENT REVIEW: FORM REVIEW: ~ Purchase Order # Coding: CiTY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:forms\a-$hrtJM.fk}(rev'd 7/93) BY Its (City Dept. Head) Date: . (City Attorney) Date: J / 1r! 9? Fed. ID # (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT BETWEEN CITY OF ASHLAND AND ROGUE V ALLEY COUNCIL OF GOVERNMENTS EXHIBIT A - COMPENSATION DETAIL 1. SERVICES TO BE PROVIDED: Designation of Paula C. Brown (Oregon PE, Civil and Environmental; # 16745) as City Engineer for the City of Ashland. Perform services as requested by the City, including but not limited to plan review and approval, selection of contractors and consultants, project review and technical approvals, etc. 2. COMPENSATION: REIMBURSEMENT A. Compensation shall be on a reimbursable basis to RVCOG for time spent directly by Paula Brown plus all applicable benefits and indirect charges. Any direct charges (phone, copying, etc) will also be reimbursed. B. Current direct rate for Paula Brown, PE, Associate Director is approximately $30 per hour. Rate including benefits and indirect is approximately $45 per hour. C. RVCOG will bill monthly with reimbursement due upon invoicing. D. Total compensation for the six month period not to exceed $3500 without written approval from the City.