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Gattrell Group - . :TI.GARD CITY OF TIGARD CONTRACT SUMMARYFORM . (TVs MUST_ ACCOMPANYEACHCONTRACTBEFOREAUTHORIZATIONSIGNATURE CAN BE ACQUIRED) • Title of Contract City:website,upgrad Cri Ma /Construction _ : Contract (A execution) Contractor: The G artrell Group - • . • , ' . ' - • Total : '$10,000 :00 - . Brief OverAmt The city seeks assistancein enhancing Crime Mapping Application and helping the public locate; current con ,projects. Changes Made To • ' Boiler Contract , '-:•:•:,.•-•-s,`.•:-,,` -: . ; : .. .. (zcI / cic/ /zlio ki /Pd.ige+' It • - - F s ,° _; ". ;; ' w.z }� �.(;ti .-u. _ 5 S' ' T i:- - - - i.a . Type' of. Contract: � D P -_a e� e efii _ 0 er oisa�l�Servic , ©; m 'Other - Star't Date;. December 2009 ; [ ''��;' _ ii _ ai i p1 .?3Q, 20,10' ,i, . - y,:f4 --- w4.rd _Date eft: IT Cdritra - "` �'t "w on �# 4 ' -� >D* - • .. r -c:v'; -_r_--,:.« ,T ..w' - . AMOUNT Quote /Bids /Proposal: - I COMEAI w „'.:r — - SCORE . �� :.:L::;.:- ° '� a � -F 5. is ,. , 4_1 �' ._ t f=i'1 _ LI.. E c . ,7 ' Department Comments: "; , ' ' � -' .I' - ( `.`'€v- .ft •. .y::2.S i;;'� ,j _, ':: v .�`�'F`+' "ey�y ^a'. , 1 4 4 F 1 --,,, - . _ - .3 .li' fY K. i, _ -�.n' 5 �. Y..�. s .'- �" {, R,,,-.';'i�5 ' `-a•Ai7 Ci- _.' e Ri - • • , - - . Department Signature` `.1.4; ' p :a ,_, `" , f' , • N j 'Date•. 2 : 10 1 0'. . (Piircl a , ifiy•, :;, .t' ..r'" -' ;'_r `: -, : : S' Fn':.,r. t; A ; .i - rl.i 'x{y v- rjy.., .. -'.l Purchasing Sign -- ' : ∎= � ' ; C Date :, D_t'; 011.:?... - Administration `, ', ': •/ - n D t /Ch) . - ... . .. ?,, ❑ Yes - Cl No 0 Se lf ' Ii siured; orm R R eceived , Certificate of,Iri'surance� : e ved, ,;'' , ' ,,;; ° (F � Business Tag: Current? . Q,Yes ' 0'No Contractor License Current?'- ❑ . Y es - - 0 N o Federal TI■/.1099` #: „ ' . . - , Bonds Required:, ❑,Yes - D No . Acco nngString. Fund: , Division Account Total - . 662.3el . — S'.hbl -- . I Contract # CITY OF TIGARD, OREGON PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 7 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 ► 48611°'-.. This Agreement shall become effective the s• • • oth Parties and shall expire, unless otherwise terminated or extended, on till a lay o ""• ' 010. All work under this Agreement shall be completed prior to the expiration of . • greement. 'f" 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. INDEMNIFICATION 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. The indemnification by Contractor of the City shall also cover claims brought against the City under state or federal worker's 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 Contractor's 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 carrier(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 January, 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-discrimination 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 waiver, 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 • a • : , t ■r _111 By: Authorized City staff By: Authorized Agent of Contractor / A/O 1 1S 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 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 From:C(eryl Elchiv FaxID: Page 2 of 2 Date: 12/14/2009 02:11 PM Page:2 of 2 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID HL DATE (MWDD/YYYY) 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 x V INSURER B: Hudson Insurance Company The Gartrell Group, LLC Bryce Gartrell wsuRERC ONEBEACON INSURANCE K 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. INN./ AL/1J O POLICY NUMBER POLICY EFFEL ME POLICY EXPIRATON LIMITS LTR NSRC TYPE OF INSURANCE DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMNIERCIAL GENERAL LIABILITY 262349R2 01/20/09 01/20/10 PR ence) $ 100000 CLAIMS MADE X OCCUR MED EXP (My one person) $ 5000 PERSONAL 8 ADV INJURY $ EXCLUDED GENERAL AGGREGATE $ 2000000 GEM_ AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ EXCLUDED 7 POLICY n J E L a T n 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 (Perperson) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) A X UM /UIM $100000 PROPERTY DAMAGE $ INCLUDED A X UM /UIM PD $100000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR I CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ORY L1M TS OIH- EMPLOYERS' LIABILITY TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE El. 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 EEO EMH410384 04/27/09 04/27/10 Limits 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES !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 AUTH /�IIg�PyIE ATIVE ACORD 25 (2001108) O ACORD CORPORATION 1988