Gattrell Group - f\
CITY OF TIGARD
CONTRACT SUMMARY'FORM
(THIS MUST_ ACCO"ANYEACH CONTRACT BEFOREAUTHORIZATION SIGNATURE CAN BEACQUIRED)
,Title of Contract Ci website,u '-ade Crime Map_ in /ConstructionContract#: Ass, ed,after execution
Contractor:The Gartrell Giou Total: $10,000_:00
Brief COverdieui:* The city seeks as`sistancerin enhancing Crime Mapping Application and helping the public
locite;current construction, ro•ects.
Changes'Made To
'Boilerplafe Contract: _
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S, ❑'No- Contractor License Current? ❑_Yes O No
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Contract#
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 7h day of December, 2009, by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and The Gartrell
Group,hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training,ability, knowledge, and experience
possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional services as
City does hereinafter require,under those terms and conditions set forth:
Therefore, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services upon receipt of the of City's notice to proceed, together with an
executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A —
Scope of Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATIO
This Agreement shall become effective the si oth Parties and shall expire, unless
otherwise terminated or extended, on thMigree
day o 010. All work under this Agreement shall
be completed prior to the expiration ofment. r,,
COMPENSATION
City agrees to pay Contractor an amount not to exceed Ten Thousand and No/100 Dollars ($10 000.00
for performance of those services described in this Agreement. Payment will be made based on
Contractor's invoice, subject to the approval of the City, and not more frequently than monthly.
Payment shall be'payable within thirty (30) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or
fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following
addresses and contacts shall be used to transmit notices,bills,payments, and other information:
Contact Manager for City: Contact Manager for Contractor.
City of Tigard Company: The Gartrell Group
Attn: Preston Beck Attn: Bryce Gartrell
Address: 13125 SW Hall Blvd. Address: 107 SE Washington Street,
Tigard, Oregon 97223 Suite 435
Portland, OR 97214
Phone: 503-639-4171 ext. 4171 Phone: (503) 235-3579
Fax: Fax: (503) 235-7064
Email Address: Preston@tigard-or.gov Email Address:
CONTRACTOR As INDEPENDENT CONTRACTOR
Contract#
Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall be deemed
to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be
entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for
all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of
law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this
Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third
party) as a result of said finding and to the full extent of any payments that City is required to make (to
Contractor or to a third party) as a result of said finding.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer,
employee,or agent of the City as those terms are used in ORS 30.265.
INDEMMFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter
into this Agreement Contractor warrants that all its work will be performed in accordance with generally
accepted professional practices and standards as well as the requirements of applicable federal, state and
local laws,it being understood that acceptance of a contractor's work by City shall not operate as a waiver
or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and
employees and hold them harmless from any and all liability, causes of action, claims, losses, damages,
`judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and
appeal level, whether or not a trial or appeal ever takes place) incurred by the party being indemnified
resulting from the indemnifying party's acts (or failure to act when action is appropriate) that may be
asserted by any person or entity which in any way arise from or relate to this Agreement or the
performance of obligations under this agreement, except liability arising out of the sole negligence of the
party being indemnified. 1he indemnification by Contractor of the City shall also cover claims brought
against the City under state or federal workers compensation laws. If any aspect of this indemnity shall be
found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract Such insurance shall cover all risks arising directly or indirectly out of Contractors activities or
work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits
and coverages:
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Contract#
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that
Contractor has business automobile liability coverage for all owned,hired,and non-owned vehicles.
The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall
name City as an additional insured and shall require written notice to City thirty (30) days in advance
of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said
carrier complies with this paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are
either subject employers under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers' compensation coverage that satisfies
Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-
state employers must provide Oregon workers'compensation coverage for their workers who work
at a single location within Oregon for more than 30 days in a calendar year. Contractors who
perform work without the assistance or labor of any employee need not obtain such coverage. This
shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carder(s)with an
unacceptable financial rating.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required certificates
have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance,Contractor shall be obligated for the total amount of any damage,injury,or
loss caused by negligence or neglect connected with this contract
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 31 of Ianu ,
2010 shall be accompanied by sixty (60) days written notice to the other party prior to the date
termination would take effect. There shall be no penalty for early termination. If City terminates the
contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of
termination.
Contract#
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor
which result from this Agreement,including any computations,plans,correspondence or pertinent data and
information gathered by or computed by Contractor prior to termination of this Agreement by Contractor
or upon completion of the work pursuant to this Agreement
GOVERNING LAw
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discnimiation in employment because of race, color, ancestry, national origin, religion, sex, marital
status, age, medical condition or disability. The provisions of this Agreement shall be construed in
accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapter
279 to be included in a contract of this type are incorporated into this Agreement as though fully set forth
herein. Any action or suits involving any question arising under this Agreement must be brought in the
appropriate court of the State of Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment.promptly as due to persons supplying Contractor labor or
materials for the execution of the work provided by this order. Contractor must pay all contributions or
amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order.
Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City
on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of
Revenue all sums withheld from employees pursuant to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,
consent, modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waver, consent, modification, or change if made, shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations,oral or written,not specified herein regarding this Agreement Contractor,by the signature
of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it
and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD CONT
By:Authorized City staff By:Authorized Agent of Contractor
/ O 12 1S V
Date Date
Contract#
Exhibit A
Scope of Work
The City of Tigard seeks assistance in enhancing an existing Crime Mapping Application in
preparation for making it available to the public from the City's website. Additionally, the City seeks
assistance in developing a second application which will help the public locate and identify current
construction projects going on within the City. Contractor will collaborate with the City to refine the
design and implementation of the application capabilities and functions that follow.
Core Functions and Objectives
Crime Application Enhancements:
• Modify the current Flex application to include Part 2 crimes (currently only part 1 crimes
appear). This change will include making design changes to accommodate a adding in a
significantly larger number of crime types and associated filtering capabilities and will involve
integrating statistical measures to the newly integrated crime types.
• Add rollover pop up boxes to appear when end users mouse-over specific crime symbols.
Boxes will provide the definition of the crime in question (definitions will be provided by
the City).
• Adjust settings for additional sensitive�crime types (e.g. sex offenses) so they are not
symbolized on the map.
Project Application:
• Design and implement a graphical user interface which is consistent in branding and"look
and feel"with the Crime Mapping Application and similarly implemented using the Adobe
Flex product.
• The application will be designed to integrate a basemap with various thematic construction
types shown via a pick list.
• All projects will appear in text form in a list once the type is selected as well as appear on the
map.A dynamic link between the selected project and the highlighted point is desired
(meaning depending on what project is selected, the map point would highlight or animate.)
• Another fixed box on the page would be populated with project details once the user
mouses-over a particular project on the map or clicks on a particular project record.
B. Deliverables
Contractor will provide complete source code for both the enhanced Crime Mapping Application
and for the Construction Project Application, together with documentation focused on how to
install and administer each of the applications. Contractor will assist the City in performing the
initial installation and will provide on-site mentoring in supporting the application as desired
following the completion of all application development tasks.
Estimated Cost:
$9,900.
Estimated Project Period:
4 Weeks
Received: Dec 14 2009 02:16pm
Fronr:Cber l Elch!V FaAO: Page 2 of 2 Date:12/14/2009 02:11 PM Page:2 of 2
OP ID HL DATE(MM/DD/YYYY)
ACORD_ CERTIFICATE OF LIABILITY INSURANCE THEGA-4 12/14/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(PA) Heffernan Insurance Brkrs HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1808A Embarcadero Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palo Alto CA 94303
Phone: 650-842-5200 Fax:650-842-5201 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: LLOYDS OF LONDON
INSURER B: Hudson Insurance Company kv
The Dartrell Group, LLC INSURER ONEBEACON INSURANCE 1�
Bryce C�lartre1
107 SE Washington St #435 INSURER D.
Portland OR 97214
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 AFFORDED 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.
LTR NSRN TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1000000
A X X COMMERCIAL GENERAL LIABILITY 26234982 01/20/09 01/20/10 PR'Em IAs(EeoccurenW $ 100000
CLAIMS MADE Fx_1 OCCUR MED EXP(Any one person) $5000
PERSONAL 8 ADV INJURY $EXCLUDED
GENERAL AGGREGATE s2000000
GENU AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $EXCLUDED i
POLICY JET LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $1000000
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
A X SCHEDULED AUTOS 1E16198 11/16/09 11/16/10 (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
A NXjUM/U`IH
UM/UIM $100000
PROPERTY DAMAGE $INCLUDED
A PD $100000 (Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR F]CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
I E RETENTION $ $
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUnVE E L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E L.DISEASE-POLICY LIMIT $
OTHER
B Professional ESO EMH410384 04/27/09 04/27/10 Limits 1000000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate is issued as proof of insurance. City of Tigard is named as
Additional Insured to the General Liability policy per policy contract.
*Except 10 days notice of cancellation for non-payment of premium.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Tigard, OR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
ATTN: Lynn Young IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Accounting Assistant II
13125 SW Hall Blvd. REPRESENTATIVES.
Tigard OR 97223 Aun+o �rATIVE/
ACORD 25(2001108) �'�� O ACORD CORPORATION 1988