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Home My WebLink About2004-176 Contract - Project ACITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: (541) 488-6002 FAX: (541) 488-5311 BEGINNING DATE: July I 2004 COMPENSATION: $95 per hour (~ITY OF SHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000 CONSULTANT: ProjectA, Inc. ADDRESS 340 A Street, Ashland, OR 9'/'520 TELEPHONE 541-488-1702 FAX: 541-488-1851 COMPLETION DATE: June 30 2005 SERVICES TO BE PROVIDED: ~Neb development .See attached addendum. ADDITIONAL TERMS: See attached addendum. CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant slhall, 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 requi~'ed 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 Date: 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 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. 5. Ownership of Documents: All documents prepared by Consultant 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. Living Wage Requirements: If the amount of this contract is $15,713 or more, Consultant 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 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 designated 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 fail substantially to perform its obligations through no fault of Consultant. 10. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. 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 656.017. 1110. Assignment and Subcontracts: Consultant 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. Consultant 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. CON~L~ANT: Or Social Security # CITY OF ASHLAND: BY CITY ADMINISTRATOR OR .;FINANCE DI RE(?.,~OR DATE: "?/Z.-'~/' ~g- DATE: ",~/~,,/'.~/~C/.I'/TY D E PAJ:('I:M ~:I~IT HEAD Accou. ' # )/0, /. 03. d d. PURCHASE ORDER# (for City purposes only)CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$25,000 ~FORMS\contract for personal services)(rev'd 9/01) 7/1/2004 CITY' OF - SHL, AND Contract Definition Project A will provide the City of Ashland with design, development, deployment and internal training for the content provided on the Intemet site identified as www.ashland.or.us. Scope of Work All new content that arises lis 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 whtten 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: 541488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TD': 800-735-2900 www.ashland.or, us City of Ashland LIVING WAGE ~per hour effective June 30, 2004 (Increases annually every Jur, e 30 by the Consumer Price Index) For all hours workecl under a service contract between their employer and the City of Ashland if the contract exceeds $15,964 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 $15,964. 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 vvww.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF -AS H LAN D bAlD uorporation ~lZil',,'.ou~ 400 High St SE Salem, OR 97312-1000 Toll Free 1-800-285-.8525 OREGON WORKERS' COMPENSATION CERTIFICATE OF INSURANCE ~ERT/FTCATE HOLIDER: .iThe policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is tsubject to all the terms, exclusions and conditions of such policy. POLICY NO, POLICY PERIOD ISSUE DATE 623491 04/01/2004 TO 04/01/2005 04/21/2004 . INSURED: PRO]ECT A INC 340ASTSTE 1 ASHLAND, OR 97520-1962 BROKER OF RECORD: SECUR1TY INSURANCE, A ]BL&K COMPANY 707 MURPHY ROAD MEDFORD, OR 97504 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: ALL OPERATIONS. IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE Client: 10118 PROJEC1 J DATE (MM/DD/YYYY/ ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurehitech ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 Village Blvd Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Princeton, NJ 08540-7104 609 987-0221 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: St'. Paul Fire & Marine Project A, Inc. INSURER B: 340 A Street, Building 1 INSURERC Ashland, OR 97520 INSURER D: INSURER E: COVERAGES , - - --- - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFC)RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '' ~ S ~I ADD'L POLICY EFFECTIVEPOLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YY) DATE (MM/DD/.YY) ,, LIMITS A GENERAL LIABILITY VP06301136 12/16/03 12/16/04 EACH OCCURRENCE $1,000,000 -- DAMAGE TO RE'NTFD X COMMERCIAL GENERAL LIABILITY PREMISES (La o¢currencel $250,000 CLAIMS MADE ~] OCCUR MED EXP (Any one person!, i $10,000 -- PERSONAL & ADV INJURY s1,000,000, GENERAL AGGREGATE s2~000~000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,,000,000 ..... FF A AUTOMOBILE LIABILITY VP06301136 12/16/03 12/16/04 COMBINED S~NGLE UM~T I ANY AUTO (La accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person/ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ t ANY AuTO OTHER THAN EA ACC AUTO ONLY AGG $ IOCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ I wc STATU- I OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTiVE OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS belqw E L, DISEASE - POLICY LIMIT $ OTHER DESCRIPTION of OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXt:'~RATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ."{{") DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T-iL INSURER, ITS AGENTS OR i REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,,,t:% SEC ACORD 25 (2001/08) 1 of 2 #S17603/M16470 o ACORD CORPORATION 1988 REQUISITION FORM THIS REQUEST IS A: J~]~C~hange Order(existing PO # ___ Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location C, ITY OF ,ASHLAND Date of Request: I~/~,,//~' I Required Date of Delivery/Service: Services Only Description Total Cost Solicitation Process: J--J Exempt ~ 3 WriRen Quotes (copies attached) ~ole Source ~ Invitation to Bid (copies on file) ~ Less than ~ Request for $5000 Proposal (copies on file) Account Number _~./~- ~ J-¢~,t._~--~ P~/z.g *Please attach the Original signed contract ~,'n-d Insurance certificate, Materials Only Item # Quantity Unit Description Unit Cost Total Cost Account Number~ ...... - ........... - ............ - .............................. *P/ease attach the quotes. Employee Signature: ~ SupervisoflDept. Head Signature: ~-~,~ NOTE: By signing this requisiti'~; form,; ce~'fy that th~bove request meets the City of Ash/and Solicitation Process requirements and can t~/ovided when necessary. G:Finance\Procedure~AP\Forms\8_Requisition form.doc Updated on:07/15/02 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5300 CITY RECORDER'S COPY DATE [ 7/29/2004 Page 1 / 1 f" ':""PO"NUMBER: ":'t 05291 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 days Req. Del. Date: 7/1/2004 Special Inst: Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer Confirming? NO BLANKET PURCHASE ORDER · ... ::' :..= .... .~.:.:..:.........: ..::.: : :.:.. . .:WebDevel.oprnent.=~.? . .. ?: ..::. ...:. .... / . .:. :::..:..:....:...............:..............:...................:............~..:i~iI .i .': :i :'': .i :. ~.i ~i iI :.i:i.: ! 151000,001.11 $95.00 per hour ........ : .. :..: ...:.' ...'.:.'.':":.:::i...::::....~":. '.":.i;.':':i:::~ . ?':':'...". ;".:~bt:"..'t0,.ie:~c~e:d.::...$'5;00'o:i.....:'.:.:.:.~'::.::':.'.::..."....".: "..:::..'i:'.'..'."..".:'::i':":.:'...".':'":.: :'.."..' .'..: .'.:' .'.::'.: '.:":" i.'"i.. :..'..::...':;..:':..:'...' :.. i.'...". ':. ".'..:'..=' .'"i.'i.:'. · i..i~ .' "..'. · · "...'..' '.= .. =..'. ."..'."....' "':" .'''''=: '.'..."". PSK Beginning date: July 1, 2004 · Completion date: June 30, 2005 I , SUBTOTAL 5,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 5,000.00 ASHLAND, OR 97520 Account NUmber Amount Account Number Amount I E 710.01.02.00.604100 5,000.00 . \/~:1~1"1C1~ ~.("IPY