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Home My WebLink About2002-188 Contract - SO UniversityHELP DESK SERVICES CONTRACT SOUTHERN OREGON UNIVERSITY AND CITY OF ASHLAND This contract is between The State of Oregon, acting by and through the State Board of Higher Education on behalf of SOUTHERN OREGON UNIVERSITY, hereinafter called "Contractor"; and the CITY OF ASHLAND, OREGON, hereinafter called "City". This contract is being entered into because of the collaborative relationship that exists between the City and the Contractor and the common network structure, computer systems and software packages that exist. The parties agree as follows: 1. Description of Contractor's Services: Contractor shall provide the following services to City under this contract, Monday through Friday, 8:00 a.m. to 5:00 p.m. excluding Contractor holidays: a. First level telephone help desk support for all City employees to include initial contact, assessment and resolution of questions regarding network, hardware and software programs. If initial assessment indicates that the scope of the problem warrants more in-depth help, the issue will be escalated to the City's Computer Services department. b. Supported programs shall include those which mirror Contractor's systems, including current versions of GroupWise, MS Office, and Windows. Request for service for programs not specified on this contract shall be escalated to the City's Computer Services department. Other programs may be added by mutual written agreement. C. Contractor shall use Clientele to log and systematically escalate calls. City shall have access to one Clientele license to be able to monitor tickets opened for callers. d. There shall be no changes or upgrades to the City's network software or any supported products unless both parties are in agreement. e. On-site visits to City offices to rectify simple hardware/software problems. Examples include monitor, keyboard, and mouse swaps. City shall provide all necessary parts and two City parking stickers for Contractor's use at no cost. 2. Additional Services: Contractor shall provide the following additional services upon request, and authorization by City computing manager, under this contract: a. Maintenance of equipment, installation of software, or installation of network cables, hardware, and software for new installs at a rate of $30.00 per hour plus cost of parts. City shall be responsible for delivery and pick up of hardware to be repaired. b. On-site training at a rate of $30.00 per hour. 3. Compensation by City: City shall make payment to Contractor for work performed as described in item #1, in advance, from available and authorized City funds. Total payment for these services shall be $40,000.00. Payment for additional services performed, as described in item #2, shall be billed by Contractor on a quarterly basis, with payment due within 30 days of SOU Services Contract Page 1 of 4 receipt of invoice. All payments shall be sent to: SOU Business Services Attn: Valerie Dean, Accounts Receivable Ashland, OR 97520 4. Term and Renewal: Contractor's services shall begin on or after the date of last signature of this contract and continue for a period of one year. This contract may be renewed, in writing, for additional one-year periods upon mutual agreement of both parties. 5. Contract Documents: This contract between the parties consists solely of this Contract. 6. Amendments: The terms of this contract shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever, except by written instrument signed by the parties. 7. Independent Contractor; Responsibility for Taxes and Withholding; Retirement System Status: a. Contractor shall perform the work required by this contract as an independent contractor. Although the City reserves the right (i) to determine (and modify) the delivery schedule for the work to be performed and (ii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b. The Contractor represents and warrants that Contractor (i) is not an employee of the City of Ashland, Oregon, (ii) is not currently employed by the Federal Government, and (iii) meets the specific independent contractor standards of ORS 670.600. Contractor is not an "officer", "employee", or "agent" of the City, as those terms are used in ORS 30.265. C. Contractor shall be responsible for all federal or state taxes applicable to any compensation or payments paid to Contractor under this contract and unless Contractor is subject to backup withholding, City will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any federal Social Security, unemployment insurance, or workers' compensation benefits from compensation or payments paid to Contractor under this contract, except as a self-employed individual. 8. Subcontracts and Assignment; Successors in Interest: Contractor shall not enter into any subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of City. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 9. No Third Party Beneficiaries: City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives, is intended to give, or shall be construed to give or provide, any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. SOU Services Contract Page 2 of 4 10. 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. 11. Termination: This contract may be terminated by mutual consent of both parties or by either party upon 30 days notice. This termination must be in writing and delivered by certified mail or in person. Institution may terminate this contract effective upon delivery of written notice to Contractor or at such later date as may be established by Institution under any of the following conditions: (a) If Institution funding from federal, state, or other sources is not obtained and continued at levels sufficient for purchase of the indicated quantity of services; when possible and agreed upon the contract may be modified to accommodate a reduction in funds (b) If federal or state regulations or guidelines are modified or changed in such a way that the services are no longer allowable or appropriate for purchase under this contract. (c) If any license or certificate required by law or regulations to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, or not renewed. Any such termination of this contract shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. 12. Compliance with Applicable Law: Contractor shall comply with all federal, state and local laws and ordinances applicable to the work under this contract. The Contractor agrees to comply with all federal and state laws prohibiting discrimination on the basis of race, sex, national origin, religion, age, or handicap, and the provisions of the American Disabilities Act, 42 U.S. Code 12100 et seq. Failure or neglect on the part of the Contractor to comply with any or all such laws, ordinances, rules, and regulations shall not relieve the Contractor of these obligations nor of the requirements of this contract. 13. Governing Law: This Contract shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, suit or proceeding (collectively "claim") between the Contractor and Institution which arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a 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. Contractor, by execution of this contract, hereby consents to the in person am jurisdiction of said courts. 14. Indemnity and Insurance: a. Indemnity. Contractor and City each shall be responsible, to the extent required by the Oregon Tort Claims Act (ORS 30.260-30.300), and to the degree permitted by the Oregon Constitution, Article XI, Section 7 and any City Charter Indemnity Limitation only for the acts, omissions or negligence of its own officers, employees or agents. b. Insurance. Contractor shall provide at its own expense Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 15. Severability: The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid SOU Services Contract Page 3 of 4 16. Merger Clause: THIS CONTRACT CONSTITUTES 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 UNDERSTANDING, 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 IT TERMS AND CONDITIONS. CONTRACTOR: State of Oregon, acting by and through the State Board of Higher Education on behalf of SOUTHERN OREGON UNIVERSITY CITY: CITY OF ASHLAND Elizabeth S sc Contracts Officer Kevin Talbert, C. I. O. "n4nr A CAI 1A 'RRdkq9QfqhewGI, DATE: LEE 7U 4E9" C-- DATE: )'/ 2-110 z. SOU Services Contract Page 4 of 4 SOUTHERN OREGON UNIVERSITY The City of Ashland Ashland Fiber Network Attn: Dick Wonderscheid 20 E. Main Ashland, OR 97520 Invoice October 29,2002 Invoice Amount: $40,000.00 Provide the City of Ashland with Help Desk services to all employees located at various sites as outlined in Southern Oregon University Help Desk Service Contrac Remit Address: Southern Oregon University Computing Services Atten: Kevin Talbert 1250 Siskiyou Blvd Ashland, OR 97520 C/ C ;. /j F ASy cam`; u = z CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 oREGO? ` (541) 488-5300 VENDOR: 001245 SOUTHERN OREGON UNIVERSITY 1250 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 10/16/2002 Special Inst: CITY RECORDER'S COPY Page 1 / 1 DATE [?RO NUMBER 12/05/2002 03789 SHIP TO: Ashland Computer Services (541) 488-5339 90 N MOUNTAIN ASHLAND, OR 97520 Req. No.: Dept.: ELECTRIC Contact: Dick Wanderscheid Confirming? No Quantity Unit Description Unit Price Ext. Price BLANKET PURCHASE ORDER Computer Help Desk Services Contract 40,000.00 Term 10/16/2002 - 10/16/2003 (Dates taken from PO 02709 issued for previous contract.) Compensation $40,000.00 (See contract for payment requirements for additional services.) Contract siqned 11/13/2002 I I it SUBTOTAL 40 000.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL ASHLA 40,000.00 ND, OR 97520 Account Number Amount Account Number Amount E 710.11.05.00.604100 40,000.00 .? 'yam orized Signature VENDOR COPY