HomeMy WebLinkAbout2010-126 Contract - Project A
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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: 5350 Highway 66, Ashland, OR 97520
TELEPHONE: 541-482-1702
DATE AGREEMENT PREPARED: 6/17/10 FAX: 541-488-1851
BEGINNING DATE: 7/01/10 COMPLETION DATE: 6/30/11
COMPENSATION: $250 er month for 12 months total $3000
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 all data, 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
im orted and stored as a art of the hostin a reement.
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
me ab te er month. Additional bandwidth will be billed at a rate of $.10 er month.
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.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / 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
of such service.
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, the sum specified
above. 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.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made 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 work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B 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 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, 'ud ments, or other dam a es, directl ,solei ,and roximatel caused b the ne Ii ence of Cit
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.. e. Notice of cancellation or chanqe. 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. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies req'uired herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. 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 entities are subject to the City's acceptance. If
requested, complete 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 and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance 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 Circuit Court of Jackson County for the State 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 sign'ature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form 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 CHANGE OF TERMS OF THIS CONTRACT 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 fiscal year budget. Consultant
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 sign the certification attached hereto as Ex . it A and herein incorporated b reference.
~yO:SU~ ~~ -f ~: OF AS ~:
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Print Name
\1:xSl uEi0T ) c.fO
TITLE
DATE
DATE
7/,s J ;lOID
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CONTRACT AWARD AND FINDINGS DETERMINED BY:
By:
City Department Head
Approved as to
form by Legal:
Date:
W-9
One copy of a W-9 is to be submitted
with the signed contract and it will be
kept on file in the Finance Department.
PURCHASE ORDER #
1 (0 ;} ( ~:;- tUJ t? t? ~I P--O
(For City purposes only)
CJtf7~~
ACCOUNT #.
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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 it and (b) Contractor is not subject 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 performed 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 authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
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/
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(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location 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) Labor or services are performed for two or more different 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.
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Contractor
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(Date)
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June] 7, 20J 0
Sole Source Project A
The City engaged Project A to design and host the city's website 10 years ago and has
invested considerable resources in the development and design of the site. The City uses
Project A proprietary tool SIB (site in a box) to maintain and post to the website.
,.
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CITY RECORDER
Page 1/1
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
7/28/2010
. ,DATE,., 'I
. .P.01N1jM8ER;:;L~r..;.:
09712
VENDOR: 000712
PROJECT A, INC
5350 HIGHWAY 66
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: An n Seltzer
Confirming? No
f~a:uantiK;:; .J ~':;Uriit::;..; i', c. , ".' :' ',,, " :Oescriotion. " ' ' ,"'.; ',,". :tijnii!P.rl~e~~;1 ;)ti:t~-EXt~P.i1c~
- , "
Web Server Hostin~, $250/Per month 3,000.00
Contract for Personal Services
, Beginning date: July 1, 2010
Completion date: June 30, 2011
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
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E 71 0.01 .02.00.6041 0 3 000.00
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Aut rized Signature
VENOOR COPY
.
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
Date of Request:
THIS REQUEST IS A:
D Change Order(existing PO #
Required Date of Delivery/Service:
p/IJ: (! ".I- If) 'tJW
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,\ ,/VI Ir.PJ'(!
:~.( N-~tJtj/:~ {)
5'./1- Lif<f? - n()~
Vendor Name
Address
City, State, Zip
Telephone Number
,Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement ~Ie Source D Invitation 10 Bid
D Less than $5,000 D Written findings attached (Copies on file)
D Quotes (Optional) D Quote or PraDosal attached
CooDerative Procurement D Reauest for Proposal
D State of OR/WA contract (Copies on file)
Intermediate Procurement D Other government agency contract D 5Deciall ExemDt
D (3) Written Quotes G-COPy of contract attached D Written findings attached
(Copies attached) D Quote or ProDosal attached
D Contract # D Emeraencv
D Written findings attached
D Quote or PraDosal attached
Description of SERVICES
[.veh $/iJt/ /J{)J./-j:J ~d5fJ ?)/II
o Per attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______. ___
~f.
f'Y
~jtp
o Per attached QUOTE
Account Number 7i!2 ~ f},)..:. ~;) 1//1 itJj{)
'Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actua/expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland pUblic contracting requirements,
and the documentation can be provided upon request.
Employ.. SI,,,,.., ~ 'UJJ46 _ J
Supervisor/Dept. Head Signatur~$
,
G: Finance\Procedure\AP\Forms\8_RequisWon form revised.doc
Updated on: 6/1712010