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HomeMy WebLinkAbout2006-235 Contract - RVCOG Contract for PERSONAL SERVICES Less than $25,000 CONSULTANT: Rogue Valley Council of Governments ~ "-k ~, CONTACT: Evelyn Kinsella City of Ashland, (City) 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 DATE AGREEMENT PREPARED: July 1, 2006 BEGINNING DATE: Jul 1,2006 ADDRESS: P.O. Box 3275 Central Point, OR 97502 TELEPHONE: (541) 664-6674 FAX: (541) 664-7927 COMPLETION DATE: June 30,2007 COMPENSATION: The Cit of Ashland will rovide the s ace free of char eta RVCOG SERVICES TO BE PROVIDED: The City of Ashland agrees to make available to RVCOG for use as kitchen facility and congregate meal site the Ashland Senior Center located at 1699 Homes Ave in Ashland. ADDITIONAL TERMS: The City of Ashland agrees to make th ;:,ite available to RVCOG from 1 m Monda throu h Frida . CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant shall, at its own risk and expense, periorm 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.,Comp,letion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete thelfe~ice:b)i the completion date indicated above. 4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Oncawork 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 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 7. Living Wage Requirements: If the amount of this contract is $16,936 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 proximately 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 656.017.11. 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~U~TANT: BY V\.A..Jo....... ~ Signature fYl , L Ha E?L Print Name TITLE ~~Y~~LAND:c /___ FINANCE DIRECTOR ~ OR DATE l FederallD# q:? -- Db II '-10 b 'Completed W9 form must be submitted with contract CITY ADMINISTRATOR DATE CONTENT REVIEW: By: City Department Head Date: ACCOUNT # (For City purposes only) ROGUE VALLEY COUNCIL OF GOVERNMENTS NUTRITION PROGRAM SITE AGREEMENT (jJ~~\ / This contract is between Rogue Valley Council of Governments, hereinafter referred to as "RVCOG" and Ashland Senior Center, hereinafter referred to as the "SITE PROVIDER". This contract beginning July 1, 2006, and ending June 30, 2007, concerns provisions, and use of space and facilities for home-delivered and congregate meals for the elderly under the Older American Act, and payment for the use of the space and facilities. RVCOG and the SITE PROVIDER agree as follows: 1. SITE: The SITE PROVIDER agrees to make available to RVCOG for use as kitchen facility and congregate meal site the following area: Ashland Senior Center, located at 1699 Homes Avenue, Ashland OR 97520 2. FACILITIES: The SITE PROVIDER agrees to allow RVCOG to use the SITE PROVIDER's utilities, equipment and utensils for food preparation and for service of meals. The SITE PROVIDER makes no agreement to purchase additional equipment and utensils for the operation of RVCOG's services. Additional equipment and utensils purchased by RVCOG remain the property of the funding source. 3. SCHEDULE: The SITE PROVIDER agrees to make this site available to RVCOG's agents, employees, and/or participants from 10:00 a.m. to 1 :00 p.m. every Monday through Friday. Exceptions to this schedule are as follows: RVCOG Holidays -- New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the day following, Christmas and the day before. Other days and/or times may be added or eliminated, as agreed upon by RVCOG and the SITE PROVIDER. Changes must be agreed upon (30) thirty days in advance. 4. CONDITION OF FACILITY: RVCOG agrees to restore the site, equipment and utensils to the condition in which they were found after each use of the facility. 5. PAYMENT: The SITE PROVIDER will be providing the space free of charge to RVCOG. 6. PERIOD OF CONTRACT: This agreement shall be effective as of July 1, 2006 and shall be in force during the period commencing on the effective date and ending June 30, 2007 and during such additional periods as RVCOG and the SITE PROVIDER may agree upon. OCT - ") .e, ~L\jj AUS -. 2006 '~C'r,'l Ra ~ L;~ J47"L!'c'"j ~"'---"'" ".'~~.- ~."'. .'" 7. TERMINATION OF CONTRACT: RVCOG or the SITE PROVIDER may at any time during the life of the agreement or any extension thereof terminate this agreement by giving thirty (30) days notice in writing to the other party of its intention to do so. If RVCOG and/or the SITE PROVIDER do not fully comply with the terms and conditions of this agreement, the other party may terminate this agreement by giving fourteen (14) days notice of intention to do so. Such notice shall specify the alleged breach of this agreement. All notices to RVCOG shall be addressed to: Evelyn Kinsella, Nutrition Program Supervisor RVCOG P.O. Box 3275 Central Point, OR 97502 All notices to the SITE PROVIDER shall be addressed to: Ashland Senior Center 1699 Homes Avenue Ashland OR 97520 8. ADDITIONAL TERMS AND CONDITIONS: RVCOG and the SITE PROVIDER agree to abide by the following additional terms and conditions: N/A 9. FUNDING AVAilABILITY: All terms and conditions of this agreement are subject to availability of Older Americans Act Nutrition Program and other nutrition program-related funds. 10. AGREEMENT: The authorized officers of the parties involved agree to the terms and conditions herein. AGREED: AGREED: Rogue Valley Council of Governments By: "^'- ^'^- ~_ Title: Executive Director Date: -=H {, ~db f:sd/evelyn/nutrition program/contracts/siteagree - ashland