HomeMy WebLinkAbout2010-128 Contract - Jonathan Lange PHD
CI TY OF CONTRACTOR: Jon Lange PhD
ASHLAND CONTACT: Jon Lange
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 670 Berry Ln
Telephone: 541/488-6002 Ashland, OR 97520
Fax: 541/488-5311
TELEPHONE: 541-552-6425
DATE AGREEMENT PREPARED: 7/30/10 FAX: 541-552-8446
BEGINNING DATE: 8/9/10 COMPLETION DATE: 12/31/10
COMPENSATION: Not to exceed $11,000 (unless approved per attached contract addendum form)
GOODS AND SERVICES TO BE PROVIDED: Consulting and facilitation services for Economic Development
Strateov citizen involvement orocess 12009-10 Citv Council Goal)
ADDITIONAL TERMS: Services provided to be consistent with attached scope of work
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the
CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless othe~ise specified, furnish all labor, equipment and
materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work 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.
Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a
separate written contract is entered into by the City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are
made part of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $18,703 or more, Contractor 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 work under this contract. Contractor is also required to post the notice attached
hereto as Exhibit B predominantly in areas where it will be seen by all employees.
8. Indemnification: Contractor 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 Contractor (including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract), Contractor 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:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv'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 terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
Contract for GOODS AND SERVICES Less than $25,000
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 1 of7
i. If City funding from federal, state, county or other sources is not 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 or certificate required by law or regulation to be held by Contractor 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 Contractor 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 giving the notice may authorize or require, 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 essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor 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 rights and remedies provided by law or under this contract.
e. Obliaation/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, cor d of this section, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Contractor shall deliver to City all contract documents, information, works-in-progressand other property that are
or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract.
11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated
against minority, women or emerging small businesses enterprises in obtaining any required subcontracts.
Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor
understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to
City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any
requirement of ORS 279A.11 0 or the administrative rules implementing the Statute,
12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an
asbestos abatement license.
13, Assignment and Subcontracts: Contractor 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. Contractor 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.
14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible
in the performance of the contract work set forth in this document.
15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its ORF status pursuant to
the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a
ORF if Contractor 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 duties under, the Contract.
16. Insurance. Contractor 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
provide Oregon workers' compensation coverage for all their subject workers
b. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000; $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
c. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
d. Notice of cancellation or chanoe. There shall be no cancellation, material change, reduction of limits or
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 2 of 7
intent not to renew the insurance coverage{s) without 30 days' written notice from the Contractor or its insurer(s) to
the City.
e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work
under this contract. The contractor's insurance is primary and non-contributory. 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
Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
17. 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 Contractor 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, Contractor, by the signature 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.
18. 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.
CONTRACTOR, 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.
19. 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. Contractor
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 Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Councilor the Public Contracting Officer is
required before any work may begin under this contract.
21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference.
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 3 017
Contractor:
By
'Ai",.r#n-,J ::z:. L/t"tJa6i'
Print Name
By
Title
Date
W-9 One copy of a W-9 is to be submitted with
the signed contract.
Funds appropriated or current fiscal year:
gJ/, /0
Finance Director Date
partment Oat
t2/1 'I ~ P--
Purchase Ord No.
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, professionaUy
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 foUowing
criteria:
(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.
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 4 of 7
(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.
coo~4
~f'
(Date)
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 5 of 7
Project Scope of Work:
EstJrnafBd Hours
FoalS Groua Parfton+:
COI1lIullatlon with City Staff+
Review reoent economic development history
as It affects currenl pl'Cljecl
Develop struclurU. scl1edule and questions
Plan IJWlta!Ions 10 particlpants (Staff implements)
Focus Groups
Preparalions
10-12 Meetings
Wrlla Rapol1"
24
4
15-24
5-40
ODIln House Portion+: _
Coll5Ullaticn with City Staff (as described In RFP)
, Facllitala Open House
Executive Summary ami Wrlla Report'
1-2
2-3
2-10
Online Questionnaire Portion+:
Cansullatioo with City staff
Indirect Casts
TOIlII Houlll
~,
o
34-88'
lmaartanl Noles:
'If AslIland City Staff Is mainly responsible for wrillnll the repor1s. lolal hOUrs would bll
approximalaly 3().35 less than a!helwlse,
+Other varlabllty In houlS clllpends an City Staff choices.
Ra1e: $tZ6ll1our. Since 2006. I have had lite sama gavemmentlnan-pralil hourly rata.
To aid a suc:cessful application, I am provldln!l a 18.87 % reduction In rate, I am also
willing 10 WOIlC wllh a 'nel to exceed" contingency If the City wishes In do so.
EBtImirte Total Cost Range: $4250 - $11,000
ElItbnate wl1h City S1iIIf WrIting RBpott: $42SO . $6875 '
Additional Terms:
.
By mutual agreement of both parties, the contract may be extended by contract addendum to increase
the estimated hours listed by up to $2,500, The hourly rate charged for, the additional hours will be
consistent with the original contract rate of $ I 25/hr. The contract addendum will detail the additional
hours required, a brief explanation of the reason for the increased hours and the deliverables to be
received by the City for the additional hours.
Contract for Goods and Services less than $25,000, Revised 07/28/2010, Page 7 of 7
CITY OF
ASHLAND
~.t. 1
CITY OF ASHLAND
REQUEST FOR PROPOSAL
Citizen Involvement Services
For
Economic Development Strategy
Due Date and Time:
Contact:
5:00 PM, Friday, May 28, 2010 Jun~ 18,2010
Adam Hanks, Project Manager
Administration Dept
541-552-2046
adam@ashland.or.us
IntroductionfBackground
Based on a 2008-09 City Council goal, the City of Ashland began work on the formation of an
Economic Development Strategy in November of 2009 with the appointment of key community
stakeholders and citizens to an ad-hoc committee to guide the creation of the plan.
The two working committee groups met six times each which resulted in a draft document that
contains the following elements:
. SWOT Analysis
. Current economic trends
. Working definition of economic development
. Economic Vision Statement
. Initial list of priority strategies
Prior to developing an implementation plan, the document elements listed above will be
presented to the public for their review and input. The results of the citizen input will be
discussed by the ad hoc committee and will form the foundation for the implementation plan that
will follow. '
It is the City's goal to conduct this citizen involvement effort in the months of July and August.
Complete City of Ashland Economic Development Strategy information can be found on the City of
Ashland website at www.ashland.or.us/econdev.
Request for Proposal Details
The City of Ashland is requesting proposals for citizen involvement services to solicit and
capture substantive public input on the draft economic development elements using three
primary public input methods:
I) Focus Group meetings (up to 12 meetings)
RFP - EOA Update/Review, 8/4/2010
Page 1 of3
City of Ashland
. Consult with staff on structure, format and questions to obtain substantive citizen
input
. Facilitate each focus group meeting. City Staff will provide
introlbackground at meeting and will scribe
. Provide an executive summary and detailed written reports of the results
2) Open House
. Consult with staff on structure, format, methods for obtaining and collecting
substantive citizen input
. Facilitate open house. Staff and committee members to provide introlbackground
and ad-hoc committee members will assist as needed.
. Provide an executive summary and detailed written report on results/input
, received
3) Online Ouestionnaire
. Consult with staff on questions, format and consistency with focus group and
open house using City website survey tools.
Required Proposal Contents
. Provide the name, address and telephone numbers of your company, including the name
of the primary contact person and his/her telephone number, fax number and email
address.
. A brief background, including relevant experience and expertise, of each ofthe
individuals proposed to be providing services on this project
. A minimum of two examples offacilitated citizen involvement with an emphasis on the
utilization offocus groups that resulted in substantive arid useful feedback/input.
. A list of references/communities where citizen involvement was conducted
. A proposed citizen involvement timeline & schedule
. Breakdown of bid estimate to include total estimated hours and cost for:
I) Focus Group staff consult & meeting preparations
2) Focus Group facilitation
3) Focus Group reports
4) Open House staff consult & meeting preparations
5) Open House facilitation
6) Open House report
7) Online questionnaire staff consult prep
8) Indirect costs (travel, office expenses, etc)
. Additional information: Please provide any other information that you think is
relevant for consideration for this project.
METHOD OF AWARD
ORS 279B.070 Intermediate procurements
(4) If a contract is awarded, the contracting agency shall award the contract to the offeror
RFP - EOA Update/Review, 8/4/20tO
Page 2 013
City 01 Ashland
~ .
whose quote or proposal will best serve the interests of the coniracting agency, taking into
account price as well as considerations including, but not limited to, experience, expertise,
product functionality, suitability for a particular purpose and contractor responsibility under
ORS 279B.1l0, [2003 c, 794 s54J
EVALUATION PROCESS
Proposals will be evaluated by key City personnel. The City's intent is to award the contract to
the proposer whose proposal will best serve the interests of the City of Ashland, taking into
account the above listed ORS elements.
The evaluation will be done based on the following criteria and scoring:
Overall citizen involvement experience
Local government citizen involvement experience
Experience with using focus groups
References
Ability to meet desired citizen involvement timeline
Total Proposal cost
20 pts
20 pts
30 pts
10 pts
10 pts
10 pts
After the proposals are reviewed, additional information may be requested for [mal evaluation.
The City of Ashland reserves the right to cancel this RFP at its sole discretion.
PROPOSAL REOUIREMENTS
Proposals are due by 5:00PM, Friday, Mil)' 28, 20111 June 18,2010, at thefollowing
physical or e-mail address:
Adam Hanks - Project Manager
City of Ashland
20 East Main St
Ashland, Oregon 97520
adam\alashland.or.us
. Proposals shall contain the required information and provide responses to the proposal
details and required contents within this Request for Proposal.
. Late and/or incomplete proposals will not be considered.
RFP - EOA Update/Review, 8/4/2010
Page 3 of 3
City of Ashland
~~,
CITY RECORDER
Page 1/1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
it':}<\f>lt" DATE" :iO~$l:~!
>1Y::~'eO:NOMBER~::~t;'i:
8/11/2010
09742
VENDOR: 012397
LANGE, PHD, JONATHAN I.
670 BERRY LANE
ASHLAND, OR 97520
SHIP TO: City of Ashland
(541) 488-6002 ' '
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Tenn.: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Adam Hanks
Confirming? No
fi-M~Q1iantTtVH~ ~ft:rniH:: ~~r~:',!}~~:.!l[t;:., .:.~f :,:t7'\'; .::-. ..,:,<~Ar:~:':oescriDiiCrri'..','.'; '7 :;~~:'!':/; ~~'f"', ,:~::~:;~'0.G:::-'-},:~t t2;:uilifPrrce~~~,0: ~{':,!;rEXifP.riCeg~~
Economic Development Strategy 11,000.00
Citizen Involvement Process
Contract for Personal Services
Beginning date: 08/09/2010
Completion date: 12/31/10
Not to exceed $11,000
.
-
SUBTOTAL 11 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0,00
541-552-2028 TOTAL 11,000.00
ASHLAND, OR 97520
fZ:(fA'ccOijnirN~i~: tbl1\t~ro)eC1,N~unitier:""~' 'i:i:~" i~~ri:;il'Anrouml?4i~r~-l ~r':", (A"ccotim1NurirDef~;r',J: f"m~~~Ui[Iier$~ ~~~
E 1 1 0.01 ,02,00,60410 1 1 000,00
.
~~
t.f tiiid ~ ~ c>
Au lzed Signal re
VENDOR COPY
CITY OF
ASHLAND
A request for a Purchase Order
REQUISITION FORM
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request:
8/4/10
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
Jon Lanae PhD
670 Berry Ln
Ashland, OR 97520
541-552-1>425
541-552-8446
SOLICITATION PROCESS
Small Procurement
D Less than $5,000
D Quotes (Optional)
//,:...-.
Inle ediale Procuremenl
(3) Written Quotes
(Copies attached)
.----
Description of SERVICES
D Sole Source
D Written findings attached
D Quote or Pro osal attached
Coooeralive Procuremenl
D State of OR/WA contract
D Other government agency contract
D Copy of contract attached
D Contract #
D Invitalion 10 Bid
(Copies on file)
uestfor Pro osal
( ies on file)
Soeciall Exemol
D Written findings attached
D Quote or Pro osal attached
D Emeraencv
D Written findings attached
D Quote or Pro osal attached
Economic Development Strategy - Citizen Involvement (scope of work exhibit w/contract)
[8:J Per attached PROPOSAL
Item 1# Quantity
Unit
D Per attached QUOTE
Project NUmber ______ - ___
Description of MATERIALS
Unit Price
Total Cost
~/A>1r ~
~rT ~f)v////
Account Number 110,01,02.00.604100
. Items and services must be charged to the appropriate account numbers for the financials to reffect the actual expenditures accurately,
By signing this requisition fonn, / certify that the infonnation provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request. ( ~ ~
Employee Signature: ./aij~ Supervisor/Dept. Head Signatur~~' ~
G: Finance\ProcedureIAP\Forms\lange_Rec:Juisition.doc
Updated on, 8/4/2010