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HomeMy WebLinkAbout2002-140 Contract - Project A ITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25.000 CITY OF ASHLAND (CITY) 20 East Main Street Ashland, Oregon 97520 Telephone: 541 488-5350 FAX: 541 488-5311 CONTRACTOR: Project A Address: 340 A Street Ashland, OR 97520 Telephone: 541-488-1702 FAX: 541-488-1851 DATE OF AGREEMENT: August 14, 2002 BEGINNING DATE FOR WORK: Jul 1, 2002 COMPENSATION: $95 per hour COMPLETION DATE: June 30, 2002 WORK TO BE PROVIDED: See attached addendum ADDITIONAL TERMS: See attached addendum CITY AND Contractor AGREE: 1. All Costs by Contractor: Contractor shall, at its own risk and expense, perform the work described above and, unless otherwise 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 all 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 workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor shall also procure and maintain a current City of Ashland business license. 3. Completion Date: Contractor shall start performing the work under this contract by the date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for work performed, including costs and expenses, the 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 date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00 and City shall not be obligated to pay any sum in excess of $25,000.00 unless a separate written contract is entered into by City. 5. Ownership of Documents: All documents prepared by Contractor 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: 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 approximately caused by the negligence of City. 8. Termination: This contract may be terminated by City by giving ten days written notice to Contractor and may be terminated by Contractor should City fail substantially to perform its obligations through no fault of Contractor. 9. 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. Contractor 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, Contractor shall provide City with adequate proof of workers' compensation coverage. Contractor is a subject employer that will comply with ORS 656.017. 10. Insurance: Contractor 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, products and completed operations, owner's and contractor's protective insurance 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 property 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 work by Contractor 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: 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. CONTRACTOR: CITY S LAN BY Ae r., B / UY Its ?n1 ministrator or i ance irector DATE iL 3 --U Z D E Fed. ID # q3 Z 3 (Q ?'? CONTENT REVIEW: (City Dept. Head) OR Social Security # DATE: Purchase Order # d%G 5? Acct. No.: "7/6/i SEEp?i IGC? (for City purposes only) CITY OF ASHLAND Contract Definition Project A will provide the City of Ashland with design, development, deployment and internal training for the content provided on the Internet site identified as www.ashland.or.us. Scope of Work All new content that arises as a result of the development agreement will be imported and stored as part of the hosting agreement. Import and storage costs will not be a part of any scope of work under the development agreement. The development agreement will be conducted within separate and specific scopes of work that will adhere to the following process: The City, with input from Project A, will define a particular project or task. Project A will provide an estimate of expected timeframe and costs associated with the task. Upon review and approval of the task estimates, an agreement will be signed to indicate a mutual understanding of the work to be completed. All tasks agreements will adhere to all applicable sections of this contract. Fee Structure Word done within the framework of the development agreement will be billed on an hourly basis, at a rate of $95 per hour. The number of hours billed for development will be based on the estimates provided in the individual task agreements. The City understand that estimates are not considered firm agreements of the total development cost for specific projects, and Project A will invoice for work completed on a "time and materials" basis. It is further understood that Project A will not continue working on a project is the actual development time exceeds the estimated development time without prior written approval from the City. Billing Invoices will be sent monthly and will be due 30 days from the invoice date. Past due amounts will be assessed a 1.5% penalty. Contract Term Either party has the right to terminate the contract at any time by giving a minimum of 60 days written notice in advance of the contract ending date. If the termination of the contract is initiated by Project A, an exit plan to enable future web development and hosting by another firm must be submitted with the termination notice and be mutually agreed upon before the acceptance of the termination. Fees for providing this exit plan will be charged as a development item. It either party to this agreement wishes to amend, add to, or otherwise modify this agreement in any way, it shall be done in writing, subject to approval by both parties, and attached to this agreement. ADMINISTRATION Tel: 541A88-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us C.\ ............. CITY RECORDER'S COPY Page 1,1 ~~, CITY OF ASHLAND ASHLAND, OR 97520 09/25/2002 (541) 488-5300 VENDOR: 000712 SHIP TO: City of Ashland PROJECT A, INC (541) 488-6002 340 A STREET 20 E MAIN STREET ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: ELECTRIC Req. Del. Date: 07/01/2002 Contact: Gre.q Scoles/Ann Seltzer Special Inst: Confirming? No THIS IS A REVISED PURCHASE ORDER Desi.qn development deployment and , 25 000 00 provided on the internet site Date of agreement: 08/14/2002 Completion date: 06/30/2002 SUBTOTAL 25,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25,000.00 ASHLAND, OR 97520 E 710.11.05.00.604100 25,000.00 (~thorized Signature VENDOR COPY CITY OF ASHLAND REQUISITION FORM THIS REQUEST IS A: hange Order(existing PO # k-) Date of Request: Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description Total Cost Solicitation Process: xempt ? 3 Written Quotes (copies attached) ? Sole Source ? Invitation to Bid i f l es on (cop i e) ? Less than ? Request for ' $5000 Proposal (copies on file) Materials Only Item # Quantity Unit ccou umber----__ __ __ _._____ ?4*4se attach the Original sig contract and insurance certificate. go v-, ?r? L? ? ? L! LG Description Unit Cost Total Cost 2 ??- ? ?iG q s s come- r TOTAL COST OF THE MATERIALS Y u? Account Number _ _ _ *Please attach the quotes. Employee Signatur . Supervisor/Dept. Head Signature 14? NOTE: By signing this requisition form, t ce that the ove request meets the City of Ashland Solicitation Proces re and can be provided when necessary. G:FinancelProcedure?APlFormsl8_Requisiton form.doc Updated on:07/15/02 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY 09/25/2002 Page 1 03633 VENDOR: 000712 PROJECT A, INC 340 A STREET ASHLAND, OR 97520 SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net 30 davs Req. Del. Date: 07/01/2002 Special Inst: Req. No.: Dept.: ELECTRIC Contact: Greg Scoles/Ann Seltzer Confirming? NO ',QUai~tity" '.""Unit. ..:,:..:.:i, . ~ ' .:.'. ' .,:: · ., · i.oeScription. · .... Unit Price · EXt.'PriCe THIS IS A REVISED PURCHASE ORDER · ": ."~'.: BLANKET PURCHASE ORDER ~ Design, development, deployment, and 10 000.00 internal training for the content )rovided on the internet site www.ashland.or.us. I CSK I Date of agreement: 08/14/2002 Beginning date: 07/01/2002 :, Completion date: 06/30/2002 Revised purchase order 03-18-2003, Reduced encumbered amountfrom $25,000 " to $10,000. See note attached. I I I SUBTOTAL 10,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,000.00 ASHLAND OR 97520 Account Number Amount Account Number ~0unt i lJ E 710.11.05.00.604100 10,000.00 VENDOR COPY CITY OF ASHLAND A request for a Purchase Order REQUISTION FORM THIS IS A REQUEST FOR A: [ X ] Change Order (existing PO# 03633 Vendor Name: Address: City, State, Zip Phone: Project Title: Project Number: Services Only Description Change order #1 Reduce encumbered amount of PO by $15,000 for web development services on a new PO to Eden Systems Inc. (web interface for Solicitation Process: [ ] Exempt [ ] 3 Written Quotes (copies attached) [X ] Sole Source [ ] Invitation to Bid (copies on file) [ ] Less than $5000 [ ] Request for Proposal (copk on file) Cost Account Number 710.11.05.00.604100 'Please attach the Original signed contract and Insurance Certificates. Account Number Employee Signature: Supervisor/ Dept. Head Signature: NOTE. By signing this requistiion form, I certify the the above request meets with Cdy of Ashland Solicitiation Process requirements and can rovided wh ecessary. Date of Request 3%14%03 Required Date of Delivery/Service: Project A 340 A St Ashland, OR 97520 488-1702 Web Development G:Pubwrks\Eng\ProjectA_changeorder.xls Updated on: 7/15/02