HomeMy WebLinkAbout2005-187 Contract - Project A
Contract for PERSONAL SERVICES Less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Project A, Inc.
CONTACT: .Jim Teece
ADDRESS: :340 A Street, Ashland, OR 97520
TELEPHONE: 541-482-1702
FAX: 541-488-1851
DATE AGREEMENT PREPARED: 7-20-05
BEGINNING DATE: 7-01-05
COMPLETION DATE: 6-30-06
COMPENSATION: $95 per hour
SERVICES TO BE PROVIDED: Web development for www.ashland.or.us.
ADDITIONAL TERMS: See attached addendum.
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 Iby the State of Oregon, are so
registered, licensed and bonded.
3. Completion Date: Consultant shall start performing the service under this contract by the beg'inning 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 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
7. Living Wage Requirements: If the amount of this contract is $15,964 or more, Consultant is required to comply with chapter 3.12 of the Ashland 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 ser{ice 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, expenses, claims, subrogations, actions, costs, judgments, or other
damages, directly, solely, and proximately 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.
11. 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 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:
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*Completed W9 form must be submitted with contract
CONTENT REVIEW:
By:
Date:
City Department Head
ACCOUNT # ? / ,I' "t' ~ ~ & tt" ~, ~ /' " t3
(For City purposes only)
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PURCHASE
ORDER #
Revised 4-27-05
7/1/2005
CITY OF
ASHLAND
Contract Definition
Project A will provide the City of Ashland with design, development, deployment and internal training for the content
provided on the Internet site identified as www.ashland.or.us.
Scope of Work
All new content that arises as a result of the development agreement will be imported and stored as part of the hosting
agreement. Import and storage costs will not be a part of any scope of work under the development agreement.
The development agreement will be conducted within separate and specific scopes of work that will adhere to the
following process:
· The City, with input from Project A, will define a particular project or task.
· Project A will provide an estimate of expected timeframe and costs associated with the task.
· Upon review and approval of the task estimates, an agreement will be signed to indicate a mutual understanding of
the work to be completed. All tasks agreements will adhere to all applicable sections of this contract.
Fee Structure
Work done within the framework of the development agreement will be billed on an hourly basis, at a rate of $95 per
hour. The number of hours billed for development will be based on the estimates provided in the individual task
agreements. The City understand that estimates are not considered finn agreements of the total development cost for
specific projects, and Project A will invoice for work completed on a "time and materials" basis. It is further
understood that Project A will not continue working on a project is the actual development time exceeds the estimated
development time without prior written approval from the City.
Billing
Invoices will be sent monthly and will be due 30 days from the invoice date. Past due amounts will be assessed a 1.5%
penalty.
Contract Tenn
Either party has the right to tenninate the contract at any time by giving a minimum of 60 days written notice in
advance of the contract ending date.
If the tennination of the contract is initiated by Project A, an exit plan to enable future web development and hosting by
another finn must be submitted with the tennination notice and be mutually agreed upon before the aC1ceptance of the
tennination. Fees for providing this exit plan will be charged as a development item.
It either party to this agreement wishes to amend, add to, or otherwise modify this agreement in any way, it shall be
done in writing, subject to approval by both parties, and attached to this agreement.
ADMINISTRA nON
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-6002
Fax: 541-488-5311
TTY: 800-735-2900
~~,
..
~ CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~..
.,-~
Employees must be paid a
living wage:
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,379 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
~per hour effective JunE~ 30,2005
(Increases annually every Junle 3 y the
Consumer Price Index)
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 $16,379"
~ 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, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
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 can be seen by all
employees.
CllTY OF
ASI--ILAND
crry REC()HUl:.Hi~ LJU~Y
Page 1 / 1
r.,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
DATE
9/6/2005
IE
PO NUMBER
06272
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: 7/1/2005
Speciallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Ann Seltzer
Confirming? No
Unit Price
Ext.Price
15,000.00
BILL TO: Account Payable
20 EAST MAIN 8T
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
15000.00
0.00
0.00
15,000.00
AccounfNumber / Project Number Amount Account. Number Project Number .. Amount
.. ... ..
E 710.01.02.00.6041 O( 15.000.00
)).A 1 a ~~s-
)
, AutbMrzed Si nature VENDOR COpy I
g
C~ITY OF
ASHLAND
REQUISITION FORM
THIS REQUEST IS A:
D Change Order( existing PO #
Date of Request:
Required Date of DeliverylServiice:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
{Iv /J l,.j- If
c ':JvO 4 (-Heel-,' Lljiiat/Lt
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4':{'J--/)D') d
j) l_ cj /:("' 0.-)
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Optional)
ole Source
c:r'Written findings attached
o Quote or Pro sal attached
Cooperative Procurement
o State of OR/WA contract
o Other government agency contract
o Copy of contract attached
o Contract #
o Invitation to Bid
(Copies on file)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
o Reauest for Pro[)osal
(Copies on file)
o Speciaf I Exempt,
o Written findings al1ached
o Quote or Pro osal attached
o Emeraencv
o Written findings attached
o Quote or Pro osal attached
Description of SERVICES
Wtb dd~rJ.~yJ fl WUJJ .C~tr/t~{ tJ/. JJ
D Per attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______. ___
D Per attached QUOTE
Account Number 'JILL .12 L . ~~ Ii:!. Ja.{)ltLll;)
* Items and sefvices must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately
By signing this requisition form, '.cert:.ify. that th....e informatio. n provided above meets the City of Ashland ~ Jnt
and the documentation can be provided upon request.
Employee Signature: aA~- ~) Supervisor/Dept. Head Signature:
C/
G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updated on: 8/30/2005
August 30, 2005
Sole Source
Written Findings
Jim Teece
Proj ect A
Project A was selected in 1999 to provide web hosting and web development services for
the City of Ashland.