HomeMy WebLinkAbout2010-067 Contract - Rebecca Reid
Contract fot PERSONAL SERVICES Less than $25.000
CITYOF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488~6002
Fax: 541/488-5311
CONSUL TANT: Rebecca L Reid
CONTACT: Rebecca l Reid
ADDRESS: 1036 Prospect St
Ashl<lrllJ, OR 9752Q
I
TELEPHONE: 541-488-5050
DATE AGREEMENTPREPARED: 5/6/10
BEGINNING DATE: 5/21/10
COMPENSATION: $1,000
SERVICES TO BE PROVIDED: local Economic DeveloDment Presentation and Q & A
.ADDITIONAl TERMS: Content of.Dresentationbased on attached Dresentation outline
FINDINGS:
Pursuant to AMC 2.,52..040E and AMC 2..52,060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that (1) the services to be acquired' are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
,capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
FAX:
COMPLETION DATE: 5/21/10
.
. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings 1 Recitations, The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. 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
ofsuch'serviceo-
3. 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 worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. 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.
5. Compensation: City shall pay Consultant for service performed, including costs and'expenses,,lhe 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 dale ottefminatic:>n,
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requi.6nI6..l&:ORS 279C.505, 279C.515, 279C.520 and 279C.530 aremade'part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 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 service ,<<ork under
--this contract. Consultant is also required to post the notice attached hereto as Exhibit a'predominantly in.areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any andalHossesi claims, actions, costs, expenses, judgments, subrogations, or other dam;lgf:!S rf:!~I.Jiting 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"cIaims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
Contract for Personal Services, Revised 0710112008, Page 1 017
10.' Termination:
a. Mutual Consent. This contract may be tenminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may tenminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county .or other sources is nat obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license orcertificaterequired by law ,or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate, If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party givirlg the notice m!!y authorize .or reguire, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the es'sence for Consultant's performance of each and every. obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time tenminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition .to,any ,other,rig hts,and,remedies provided by Jaw.oLunder ,th is,contract.
e. Oblioation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of tenmination. Further, upon tenmination,
C.onsultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had,the contract been completed. City shall.pay Consultant for work perfonmed prior to
the termination date if such work was performed in accordance with the Contract.
11. 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 perfonm work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. 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,
13. D&fault. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its ORF status pursuant to the ORF
Rules or loses any license, certificate or certification that is required to perform the Services or to qUO(llify as a ORF if
-consultant has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate.dutiesunder, the. Contract..
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provicle Oregon workers' compensation coverage for all thei~ subject workers .
b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one-
$200,000, $500,000, S1.000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less tran Enter one:
$200,000, $500,000, S1.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liabili.ty coverage for the indemnity provided under this contract.
d. Automobile Liabili insurance with a combined si e limit, or the wvalent, .of not less than Enter one:
Contract for Personal Services, Revised 07/0112008, Page 2 of 7
BY
$200,000, $500,000, 51.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage.
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City,
f. AdditionallnsuredlCertificates of Insurance, Consultant shall name The City of Ashland, Oregon, and its
. elected_officials, officers.and,employeesasAdditionallnsuredson'any insurance'policies required herein but only
with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work
under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies
or enmies are subject to the City's acceptance, If requested, cClInplete copies of insurance policies; trust
agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles, self-insured retentions andlor self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordanoe with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the'CircuitCourt of Jackson County for theState'of Oregon, If, however, the. claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jUrisdiction of said courts. In 110 event shall thiS section be
constnued as a waiver by City of any fonm'of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES, NO WAIVER, CONSENT; MODIFICATION OR CHANGEOF TERMS OFTHISCONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES, SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN, THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause, Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure.to finance the costs of this contract within the City's fiscaLyear budgeLConsultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient'appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sl n the certification attached hereto as Exhibit A and herein incor orated b reference.
CONSULTANT CITY OF ASHLAND:
t<<A, 0
o I L Signal\l{e
~(;.~~ . I'-t.--
Print Name
BY
FINANCE DIRE
R
~
TITLE
tc-mlYn 1(. Cvnf~ r
DATE
DATE 5"/ {2--/IP
, ,
FederallD#
su~n-l(rfY
ACCOUNT #
#<:>.01.0:2. 6tHlloa
(For City purposes only)
'Completed W9 form must be submitted with contract
PURCHASE ORDER #
~ '1t?7 (
Contract for Personal Services, Revised 07/0112008, Page 3 of 7
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that
(a) the number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number
to be issued to iLand (b) Contractor is notsubject.to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be perlormed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the-work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation al.lthorized to act on
,behalf.of.the.entitydesignatedaboveand,authorized .todo,business in Oregon.or is tin independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(/'/
/'
v""
.............-
/'
. (1) I carry out the labor or serviceJ;l at a Jocation separate from my residence or is in a
specific portion of my residence, set.aside as the .Iocation 'of the business.
(2) Commercial advertising or business cards or a trade association memberShip are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor .or services are performed only pursuant to written contracts.
(5)l.aboror services are performed .fortwoor.moredifferent persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
jU. 1?;)
.
Contractor
-)//1 /0
, (Date)
Contract for Personal Services, Revised 07/0112008, Page 4 of?
. ; , ,-
CITY OF
ASHLAN'D
Presentation to the
Astrland Economic-Development Committee
Rebecca L. Reid
1) Introduction
A. My"Background:-UCBerkeleytniined economist; at SOU 15 years directing regional
research institute; economic consultant
,e, Review of economic research work on Ashlll!lQ
1. EOA
2. BR&E studies
3. Role ofvisitorsm Ashland's ec,?nomy
4. Visitor profile
5. Economic impact of visitors on Ashland's economy
2) Cona(>b of EconomieBn-eIopmeltt
A. General comments
B. Common ED strategies
C. Comments aboutED advisory groups' visions/values/SWOT
3) Industrial Clusters
A. Define, examples
B. Research findings for Jackson/Josephine counties
C. Focus on ArtslRecreation/Leisure cluster and Agricultural cluster
4) Role oftm ArtslRe..n;..ti"ulLeisuresector in Ashland
5) Highlights of Visitor profile
6) Key findings of economic impact model of visitors
7) Conclusions
Contract for Personal Services, Revised 07/0112008, Page 10 of 10
~A'
CITY RECORDER
Page 1/1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 j 488-5300
. I...:' ~;;~;~10 "'1
:'PO NUMBER' :.
09571
VENDOR: 008094
REID, REBECCA L.
1036 PROSPECT ST
ASHLAND, OR 97520
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Adam Hanks
Confirming? No
: : QIJaniily' Unif-, " . , . Description " " , Unit Price " :. . Eit: Price
,
) Economics development presentation to 1,000.00
Economic Development PolicylTAC
Committees and open to general public.
See attached presentation outline for
details. .
.
, "
.
SUBTOTAL 1 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 1,000.00
ASHLAND, OR 97520
:'.."~rA'ccount'Niimber.;/: P: ':<" :"Project Nlunbe't.' ,. Amount. Account Number. .. Project Numbec" : Arno'unt 1.-,
,. '.
E 110.01.02.00.60410 1 000.00
.
'M.~ -;/ ~c>
Auth' SignaMe
VENDOR COPY
.
I FORM #10 I
'CONTRACT APPROvAL 'REQUEST' FORM
;- ' , ' . '.' .', -, .,;._.:L:,~..: ...."..:,.:;.:. '-,. .' '.' ..... "
CITY Of
ASHLAND
Description of GOODS & SERVICES or PERSONAL SERVICES
contractoriconsultaRt~
'kU/k <!.. e~. ~c.e..L-L;
~r attached contract .
PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process
Total Amount
o Exempt from Competitive BiddinQ 0 Invitation to Bid (Copies on file) 0 Emeraencv
Reason for exemption: o Written findings attached
/ o Quote or Proposal attached
-1)? Small Procurement & Personal Services 0 ReQuest for Proposal (Copies on file) Coooerative Procurement
Less than $5,000 Please check one: o State of Oregon
Note, Total contract amount, including any o Goods & Services Contract #
amendments may not exceed $6,000 0 Personal Services o State of Washington
Contract #
Intermediate Procurement 0 Sole Source o Other government agency contract
GOOOS & SERVICES 0 Written findings attached Agency
$5,000 to $75,000 0 Quote or Proposal attached Contract #
o !3\ Written Quotes 0 Interagency Contract
PERSONAL SERVICES 0 Soecial Procurement Agency
$5,000 to $75,000 0 Written findings attached Contract #
o (3) Written Proposals 0 Quote or Proposal attached
Have all public contracting requirements been satisfied?
YES
v--
.
NO
If "NO", Council approval is required. Council approval received on
(Date)
Have funds been budgeted for the purpose ofthis contract?
YES
...-----
NO
If "NO", Council approval is required. Council approval received on
Please provide: Account Number! ~ _ C! ! _ ~ ~ _ c: ~ _ ~ ! !( !_ ~~ /
~/
(Date)
Is the amount of the contract less than $25,000?
YES
NO
If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on
(Date)
Is the amount of the contract less than $75,000 for Goods & Services
or $50,000 for Personal Services?
YES
~/
NO
If "NO", Council approval is required. Council approval received on
----
(Date)
Is the contract for a period of 24.months Dr less? YES
NO
If "NO", Council approval is required. Council approval received on (Date) \
Please provide terms: Start date: d? ~ - ~ - /0 Completion date: tf? 7" - ;:2../ - /' C>
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor? YES
~
NO
If "NO", C~I I~ reqUlre1 Council approval received on ,
Prepared by: (f:2 t --z -;/) Pleas~ 1 Not Approved
/l'+d'-tt/l~/\._ ...rJ.;;J~
Department: j=" Vi. !!::2L.::.
"., ~ t? - P g - ( 0 '''' '"'"":~ J
(Date)
Form #10 - Contract Approval Request Form, Page 1 of 1, 5/28/2010
A request for a Purchase Orper
REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: I. )f,4Y'&b':: I
Required Date of Delivery/Service: I'. .,. . ';1
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
/~/'uc~ J.. R",,'((
/0:1t. .f!""p,,/ Sf
Ar;',/aMI rM' en,) -<6
,:;'7/ - "'be - ,su.ro
Sa~~
SOLICITATION PROCESS
Small Procurement D Sole Source D Invitation to Bid
~ Less than $5,000 D Written findings attached (Copies on file)
D Quotes (Optional) D Quote or ProDosal attached
Cooperative Procurement D Request for Prooosal
D State of ORJWA contract (Copies on file)
Intermediate Procurement D Other government agency contract D Soeciall Exemot
D (3) Written Quotes D Copy of contract attached D Written findings attached
(Copies attached) D Quote or Pronosal attached
D Contract # D Emeraencv
D Written findings attached
D Quote or Prooosal attached
Description of SERVICES
L:COV)C1nr1'~ j)e"'eIQ'pf'h~~J" ;9re..fP,-.. k-I/c-. f.rJ L:C.CJ~CJ""" C
{)evd.;l''''''~/ .4./"~'1 /TAC c:;,~~, //-n a."./ 01'''4 .
~ 9"''''U<..( J?I-/t/;, (N" o><Ik,(t.../ jJNld~ (...of,-.~ o.../l-~< -4r ",.f..I,,,'u
o Per attached PROPOSAL
Total Cost
Item #
Quantity
Unit
\
Description of MATERIALS
Unit Price
Total Cost
Project Number _ _ _ _ _ _ . ___
o Per attached QUOTE
Account Number L't..Q.. ~J.. 22 . ~. .t.9-<t.I.P.Y
'Items and services must be charged to the appropriate account numbers for the financlals to reffect the actual expenditures accurately.
By signing fhis requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature: ~~
~
) .
Supervisor/Dept. Head Sign~ur/~~
G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updated on: 5/14/2010