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HomeMy WebLinkAbout2003-198 Contract - Project A ITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: (541) 488-6002 FAX: (541) 488-5311 BEGINNING DATE: July 1 2003 COMPENSATION: $95 per hour SERVICES TO BE PROVIDED: See attached addendum. ADDITIONAL TERMS: See attached addendum. CITY OF 4kSHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000 CONSULTANT: Project A, inc. ADDRESS 340 A Street, Ashland, OR 97520 TELEPHONE 541-488-1702 FAX: 541-488-1851 COMPLETION DATE: June 30 2004 CITY AND CONSULTANT AGREE: 1. 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 2. 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 workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 3. Completion Bate: 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 4. Compensation: City shall pay Consultant for service 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 prier 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 5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the propedy of City. 6. Statutory Requirements: ORS 279 312, 279.314, 279316 and 279320 are made par( of this contract. 7. Living Wage Requirements: If the amount of this contract is $15,713 or more, Consultant is required to comply with chapter 312 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 attached notice predominantly in areas where it will be seen by all employees 8. 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 desi9 hated 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, judgments, or other damages, directly, solely, and approximately caused by the negligence of City 9. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fait substantially to perform its obligations through no fault of Consultant 10. Independent Contractor Status: Consullant is an independent contractor and not an employee of the City Consultanl shall have the complele responsibilify for the performance of this contrach Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract Consultant is a subject employer that will comply with ORS 656017 1110. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any por(ion of the work without the written consent of City Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the ac~ or omissions o~'¢~ assigns or subcontractors and of all employed by them, and the approvaLby City of any assignn/ent or subcontract shall not create any contract, ~elation be~¢~/,? th? assignee or subcontractor and persons CON SU LT~'~': ? CITY O/~I¢'/LAN D/t/ // A-- , , ¢ L) OR DATE /{-/ - / 7 ~ ~'/2 DATE: Federal ID# ~' ~ - /"~ ~ ~ ,,/0 CONTENT REVIEW: CITY DEPARTMENT HEAD Or Social Security # DATE: ACCOUNT# ~7'/g~ ~-f ~'~' g'~ /') ¢¢ ~'"/ ~'g¢ (for City Durnoses only)CITY OF ASHlaND P[~S©NAL SE~VIC[$ CO~/~ACI <S25~000 0FO~MS~comract for porscn~l se~vices){rev'~ ~/0~ ) CITY OF - SHLAND Contract Definition Project A will provide the City of Ashland with design, development, deploymeot and internal training for the content provided on lhe internet site identified as ww~v.ashland.or.us. Scope of Work All new content that arises as a resnlt of thc development agreemeot ~vJll be imported aod 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 follo~ving process: · Thc 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 bc signed to indicate a momal understanding of the work to be completed. All tasks agreelnents will adhere to all applicable seclions of this contract. Fee Strncturc Word done within the framework of the developlnent agreement will bc billed on an hourly basis, at a rate ot' $95 per hour. Thc number of hours billed for development will be based on the estimates provided in the individual task agreements. The City nndcrstand that estimates are not considered firm agreements oflbc total development cost specific projects, and Project A will invoice for work completed on a "tinge and materials" basis. It is further understood that Project A will not continue working on a project is the actnal development time exceeds the estmmtcd development time withont prior written approval from the City. Bi!!n~g Invoices will be sent monthly and will be dnc 30 days froln the invoice date. Past dne amounts will be assessed a 1.5% penalty. Contract Terln Either party has thc right to terminate the contract at any lime by giving a minimum ot'60 days written notice in advance of the contract ending date. If lhe termination of the contract is initiated by Prqject A, an cxit plan to enable fnture web dcvelopmeol aod hosting by another finn must be submitted with the termioation notice and be mutually agreed upon before the acceptance of the temfination. 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 otherxvise modify this agreement in any way, it shall be donc in writing, snl2ject to approval by both parties, and attached to this agreement. ADMINISTRATION Tel: 541488 6002 20 East Main Street Fax: 541488 5311 Ashland, Oregon 97520 TTY: 800 735 2900 www ashland orus City of Ashland LIVING ler hour effective June 30, 2003 (Increases annually every June 30 by the Consumer Price Index) For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,713 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,713. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF -AS1 ILAND CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000712 PROJECT A, INC 34O A STREET ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: 07/01/2003 Special Inst: CiTY RECORDER'S COPY Page 1 / 1 DATE f PO NUMBER 0/23/2003 04579 SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer Confirming? No BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 ~ Account N~mber E 710.01.02.00.604100 BLANKET PURCHASE ORDER Web Development FY04 Unit Price SUBTOTAL TAX FREIGHT TOTAL PSK Bec!inninQ aa[e: JuIv 1, 2003 Completion date: June 30, 2004 '_ '~.. Authorized Signature Amount L. Account Number 5,000.0~0 VENDOR COPY Ext, Price 5,000.00 __ 5,000.00 0.00 0.00 5,000.00 Amount CiTY OF : SHLAND REQUISITION FORM THIS REQUEST IS A: E~'hange Order(existing PO # __ Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location ~- /70 & Services Only Description Total Cost Solicitation Process: [] Exempt [] 3 Written Quotes (copies attached) [] Sole Source [] Invitation to Bid (copies on file) [] Lessthan $5000 [] Request for Proposal (copies on file) Materials Only Item # Quantity Account Number Y/P- d / -0 Z- oo. 0~o¢//o0 *Please attach the Original signed contract and Insurance cerhficate Unit Description Unit Cost Total Cost q /' ,' ///; ,: Employee Signature: (~lJ '~]/~t/~, ~ ~ p · 'g : NOTE: By signing this requisition form, I cefl~.~hat the able request meets the City of Ashland Solicitation Process requ/r~meets and cae be provided ~ when necessary. G:Finance\ProcedurCAP/Forms/8 Requisition form doc Updated on 07/15/02