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Home My WebLink About1999-009 Contract - M HughesCITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 Tel: (541) 488-6002 FAX: (541) 488-5311 CONSULTANT: MICHAEL HUGHES/CDR ASSOCIATES 100 Arapahoe Avenue, suite 12 Boulder, CO 80302 Telephone: (303) 442°7367 FAX: (303) 442-7442 AGREEMENT DATE: January 13, 1999 I]3. BEGINNING DATE: January 29, 1999 ¶4. COMPENSATION: $5,406.00 (includes expenses as per attachment) ¶3. COMPLETION DATE: January 30, 1999 I]1. SERVICES TO BE PROVIDED: Facilitate City Council goal setting on January 29 and January 30, review documents, talk with council members and key city staff, draft meeting summary and revise meeting summary, as per attachment. ADDITIONAL TERMS: Paragraph 10 of this contract is omitted. 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. 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 properly 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. 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. CONSULTANT: CDR ASSOCIATES By: Mioh~ FED. ID# ,.~'-f-r.P?Tc,~, ,~ CITY OF ASHLAND: CONTENT REVIEW: (City Dept. Head) Purchase Order # Coding: (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:forms\aoshrtps.fk)(rev'd 7~93) DE0-08-98 TUE 02:25 PM FaX NO. P. O2 PROPOSED SCOPE OF., RK AND BUDGET TO'. CITY OF ASHLAND, OREGON FOR FACILITATION SERVICES O~ITY COUNCIL RETREAT JANUARY zg:~ 30, 1999 Submitted by CDR Associates December:8~ 1998 Scope of Work Preparation: Review documents, talk with City Manager, talk with subset of council members and key staff members Facilitaion of council retreat Draft meeting summary and revise meeting summary Professional Fees Preparation Facilitation Meeting Summary Write-up Travel Time (round trip) Staff Hou.rs Rate Total I 5 $165 $ 825 1 12 $165 $ 1,980 I 3 $165 $ 495 1 13.5 $100 $ 1,350 Total Professional Fees $ 4,650 Expenses Air fare Per Diem Parking - Denver Int'l Airport Mileage - Boulder/Denver Int'l Airport Car Rental Other Expenses: Communications - long distance Units Rate Total 1 $384 $ 384 2 $ 88 $ 176 2 $ 12 $ 24 1 $ 27 $ 27 2 $ 50 $ 100 $ 45 $ 756 $ 5,406 Total Expenses Estimate TOTAL (see attached notes, assumptions, terms and conditions) DEC-08-98 TUE 02:25 PM FAX NO, P. 03 No__.tes and Assumptions: The client will provide the meeting facility. refreshments and equipment. The above is an estimate only. Actual time and expenses will be invoiced. _Terms and conditions for performance: · The budget above is an estimate ortly~ '~:' Professional time spent in meetings, between meetings, in preparation, follow-up and in travel will be invoiced at the end of the project per actuals at the stated hourly rates. ,~ It is anticipated that the airfare will be shared with another elicat (US Fish and Wildlife) and will be less than the fare quoted above. However, should the othcr client cancel or rcschcdule, City of Ashland is responsible for the full airfare for the facilitator. Airfares will be billed at actual costs. CDR will purchase tickets and will makc every effort to utilize the lowest airfare(s) avaihble. Non-refundable tickets will not be purchased unless the Contractor requests it in writing. The Contractor is responsible tbr all penalties and non-refundable tickets if contractor cbanl~es meeting dates or cancels the meeting. Other traveI expenses billed at actual cost. Per diem billed at actual cost. Actual mileage is billed @ 30e/mile. '~ Long distance phone calls, faxes, conference calls, postage/shipping/express mail services and any other communications or direct expenses will be invoiced at cost. Copies of receipts for items billed at cost will be included with all invoices. CDR staff and subcomractors will provide receipts for all individual expenses over $25.00, whenever available. When phone costs are to be billed per actual costs, CDR Associates reserves the fight to invoice at a later date any phone expense or other expenses that are reported to CDR on subsequent long distance bills or other vendor bills. Terms: 30 days net. A finance charge of 13/4% per month will be charged on all overdue invoices. This Budget Estimatc is good during the current calendar year. Rates are subject to change on January 1 of each year. If meetings are canceled or rescheduled :by contractor, CDR Associates will be paid for actual time and expenses up to the time c~f notification. The contractor may be subject to re-negotiation of professional fees and e.x:pertses, or to penalties (i.e., airline penalties to change tickets, meeting facility 'penalties, etc.) incurred due to the rcscheduling/cancctlation.