HomeMy WebLinkAbout2010-149 Contract - Onkka Karin
Contract for GOODS AND SERVICES Less than $25,000
CITY OF CONTRACTOR: Karin Onkka
,
ASHLAND CONTACT: Karin Onkka
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 125 Wimer SI. Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-482-9232
DATE AGREEMENT PREPARED: 7/28/10 FAX:
BEGINNING DATE: 7/1/10 COMPLETION DATE: 6/30/2011
COMPENSATION: Not to exceed $20.000 (hourly rate of $40.00)
GOODS AND SERVICES TO BE PROVIDED: Interpretive and Design work for North Mountain Park and Park
System
ADDITIONAL TERMS:
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 othervvise 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 2798.220, 2798.225, 2798.230, 2798.235, 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 8 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 negiigence 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:
i. If City fundinq from federal, state, county or other sources is not obtained and continued at levels
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 1 of 5
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 Defauit 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. Obliqation/Liability 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-progress and 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 QRF status pursuant to
the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a
.QRF if Contractor has qualified as a QRF 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 Compensation insurance in compliance with ORS 656.017, which requires-,"ubject employers to
provide Oregon workers' compensation coverage for all their subject worker(ROt appli~h"".o;tEP
. General . .. . . ombined sin Ie limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,0000 ot Applica e for each occurrence for Bodily Injury and Property
Damage. It shall include contractualliabiiity covera or e emnity provided under this contract.
utomobile Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one:
200,00 $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
inclu ing coverage for owned, hired or non-owned vehicles, as applicable.
d. Notice of cancellation or chanqe. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance covera e s without 30 da s' written notice from the Contractor or its insurer s to
Contract for Goods and Services Less than $25,000, Revised 07/28/2010, Page 2 of 5
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 Ashiand 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.
Contractor:
By
k. ()I'"l/Lt.v-.
Signature
City of AS&:! .
By . /t----
Department Head
Dr/>\ \<h~
Print Name
J JVrj'YI 0/-'1 It--V/'-
Print Name
-friJ'\C-i(.),t1t.( .
, Title
W-9 One copy of a W-9 is to be submitted with
the signed contract.
Funds approRriated for current fiscal y ar:
~ c>
ate
Approved as to form:
Legal Department Date
Purchase Order No. tl at? -fJ ~
Contract for Goods and Services Less than $25,000, Revised 07/2812010, Page 3 of 5
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:
V'
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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.
IC00u.&-
Contractor
8/1t>!/o
(Date)
Contract for Goods and Services Less than $25,000, Revised 07/2812010, Page 4 of 5
FROM :BUCKMISTERS-ALLSTATE
~R07 - Allstate Gateway
~AlIstate.
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FAX NO.
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Voluntary: 08785:1.554 03/10 Policy Term: 09/10/2010 - 03/10/2011
. .." Autv Orlglnlll Year: 1992
~ Agl!nt of Reoord: Robert Buckmlliter (41 6B07) Nl,Inlber orllmes Renewed: 2S
Premium at Last RtInowi'1 (03110/10): ,.. ,27
~lul'Tl. Renewal (09/10/10): 5413.27
Premium Change: $00.00 (O.OQCM.) ____
AlDVI_ PIVIm1um ChiI:"90
household Information
APFCO
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Daytime: Running Ugt\b1: No
Pul'Ctlese Date: 0812001
Odometer Date: OS/23nOOJ.
OdometB Reading: 49
Onglnal OWner: No
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Due Date: 05/1012010
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R28:i"'https:/Iagencygatewayl.allstate.comlwps/myportal/!utlp/c5/pZDBcoIwFEW _ xS911AFxGR... 8/1812010
AUSTATE liENHOLDER SERVICE CENTER
PO BOX 660349
DALLAS. TX 75266-0349
1III,III'IIIIIIIII'hlll'III'II"II'lIIhlll,I'llh""II,111I11I
CITY OF ASHLAND OR
340 S PIONEER ST
ASHLAND OR 97520-2729
Date: 08/06110
CERTIFICATE 0.' INSURANCE
ALLSTATE INSURANCE COMPANY
Northbrook,Illinois, certifies that the following insurance is in force:
POLICYHOLDER POLICY NUMBER
KARIN ONKKA 08785155403/10
125 WIMER ST
ASHLAND OR 97520-1647
EFFECTIVE DATE
OF CERTIFICATE
SEPTEMBER 10, 2010
POLICY PERIOD
SEPTEMBER 10, 2010
MARCH 10,2011
At 12;01 A.M.
Standard Time
The person or organization designated below is described in the policy as:
CITY OF ASHLAND OR @ . LIENHOLDER
340 S PIONEER ST (Loss Payable Clause)
ASHLAND OR 97520-2729 X ADDITIONAL
INTERESTED PARTY
AGENT ROBERT N BUCKMISTER
PHONE (541) 488-2516
Coverages designated below are afforded for each described vehicle:
BI $100,000 EA.PERS.- $300,000 EA.OCC. 1997 IMPREZA
PD $50,000 EA.OCC. JFIGF4855VG813245
Collision- $500 DED. Comprehensive- $250 DED.
See reverse side for provisions concerning Loss Payable Clause and Additional Interested Party.
This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage
afforded by the policy referred to above.
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The Loss Payable Clause of sueh poUey provides:
"The company reserves the right to cancel such policy at any time as provided by its terms, but in such
case the company shall uotiry the Lienholder wheu not less than ten days thereafter such caucellation shall
be effective as to the interest of said Lienholder therein and the company shall have the right, on like
notice, to cancel this agreement."
The Addltlooalloterest Endorsement of snch poUcy, In part, provides:
.....such insurance as is afforded by the policy" for automobile liability insurance listed on the reverse side
hereof applies also to the person or organization named as Additional Interested Party.
"As respects such...interest, no cancellatioo...and no endorsement...adversely affecting such additional
interest, shall he effective untilteo (10) days following the mailing ofwriuen notice (to the person or
organization) of such cancellation or endorsement..."
586572745032P
CITY RECORDER
Page 1/1
Ashland Park Commission
"'.': DATE'5'.':~: .;, '''1 ;~.-~;P.0.NUIVfBER::il:
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
9/1/2010 00040
VENDOR: 000596
ONKKA, KARIN
125 WIMER STREET
ASHLAND, OR 97520
SHIP TO:
FOB Point:
Terms: net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Rachel Dials
Confirming? No
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Interpretive Design Work for North 20,000.00
Mountain Park & Park System
$40.00 per hour/Not to exceed $20,000
Special Procurement- Approved by City
Council -June 1, 2010
SUBTOTAL 20 000.00
3rLL TO: TAX 0.00
FREIGHT 0.00
TOTAL 20,000.00
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.
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Auth zed Signature
VENDOR COPY
II r';ql"-'''' iu " '\m.hase Order
REQlIlSITION FORM
..... . I u"
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date Df Request: I if/2.4 )10
,
Required Date of Delivery/Service: I
/G;,~I V1 OI1IL!C<A-.
12:5 W1MJC :;1-. fhhllyJ, 0<:'" 'i ) 520
~. )Cwz1n 0rI U<- 4-'2z.-~l--::'z....
Vendor Name
Address, City, State, Zip
Contact Name & Telephone Number
Fax Number
SOLICITATION PROCESS
0 Exemat from Comaetitive Biddina 0 Emeraency
Reason for exemption: o Invitation to Bid (Copies on file) 0 Written findings attached
Date approved by Council: o Quote or Proposal attached
o Small Procurement CooDerative Procurement
Less than $5.000 o Reauestlor Proaosal (Copies on file) o State of Oregon
Note: Total contract amount, including any Date approved by Council: Contract #
amendments may not exceed $6,000 o State of Washington
Intermediate Procurement 0 Sore Source Contract #
GOODS & SERVICES 0 Written findings attached o Other government agency contract
$5.000 to $100.000 0 Quote or Proposal attached Agency
o (3) Written quotes attached . Contract #
PERSONAL SERVICES SDecial Procurement 0 Inlergovemmental Agreement
$5.000 to $75.000 Written findings attached Agency
o L~SS than $35,000, by direct appointment Quote or Proposal attac~ i }.rJ I [) Contract #
o (3 Written proposals attached Oate aooroved bv Council: Date approved by Council:
Description of SERVICES
-:J:M+er~h\'01:. ()Wyl Wcf'IL~\\JCY~N/lL...j>\....,\... fIl"G(C.i
fMI~,
. J;v 11-1"\
Item # Quantity Unit Description of MATERIALS
Total Cost
$ (\\J~ \v~yw.r20(oOO
Unit Price
Total Cost
D Per allachedQUOTE
TOTAL COST
$
Project Number __ ____. ___
Account Number 2ti- 'il.' Q,2.qt. !.?\::tYJQtl Account Number
.. .. .. ..
--- -- -- -- ------
Account Number ___' __' __' __' ______ Account Number ___' __' __' __' ______
'Expenditure must be cherged to the appropriate account numbers for the financials to reflect the actual expendffures accuretely. Mach extra pages if needed.
By signing this requisition form, I certify thet the information provided above meets the City's public contracting requireme , nd the documentation can be provided
upon request. ~
Employee Signaturec:7\pb.,O [) w.Ou Department Head Signature:
Additional signatures (if applicable):
Funds appropriated for current fiscal year: 81 NO
~Fin~ "
<P'0n
Date
Comments:
G:' Finance\ProcedureIAP\Forms\Form #3 - Requisition
Updated on: 812412010