2-Sample On Call Services Contract 2.pdf

CITY OF GRESHAM - ON CALL SERVICES CONTRACT

Page 1 of 5 Rev 3/27/2025

ON CALL SERVICES CONTRACT

CONTRACT NO. _______________

This contract between the CITY OF GRESHAM, a municipal corporation of the State of Oregon (the “City”) and _____________________________, (the “Contractor”). The City’s Project Manager for this contract is ______________________.

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Statement of Work. The purpose of this contract is to provide on-call services of BOLD AND IN CAPS. The statement of work, including the deliverables and payment schedule for the work, is contained in Exhibit A-1 (hereinafter referred to as the “Statement of Work or “Work” or “Services”).

2. Contractor’s Agreement to Provide Services. Contractor agrees to provide on a non-exclusive on-call basis the services described in Exhibit A-1 and in accordance with the terms and conditions of this Contract. City is not required to make any purchase under this contract if the City has no requirements for the services or for any other reason, at the City’s sole discretion. Contractor shall not commence work unless expressly authorized in writing in the form or format substantially shown in Exhibit A-2, or in another format mutually agreed to in writing.

3. Effective Date and Duration. This contract is effective on ___________________, 20___, or on the date at which every party has signed this contract, whichever is later, and expires on _______________. Upon written approval of both parties, this contract may be renewed for additional one-year terms not to exceed a total contract term of ____ years.

4. Consideration. Maximum compensation under the Contract shall not exceed $__________________. City agrees to pay Contractor for providing all Work required by this contract, including allowable expenses, as outlined in Exhibit A-1 and as specifically authorized in Exhibit A-2.

5. Standard Terms and Conditions. This Contract is subject to the Standard Terms and Conditions, which are incorporated into this contract by reference, and located at:

https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8212.

6. Statutory Provisions. This Contract is subject to Oregon Statutory Provisions, which are incorporated into this contract by reference, and are located at:

https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8213.

7. The Standard Terms and Conditions and Statutory Provisions that apply to this contract are the ones in effect on the effective date unless modified by written amendment.

These Terms and Conditions and Provisions control, supersede, and take precedence over any contrary term or condition that may be included in any Exhibit attached to this Contract.

8. Exhibits. The following exhibits are attached hereto and incorporated into this contract.

Exhibit A-1 – Statement of Work, Deliverables, and Payment Schedule https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8212 https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8212 https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8212 https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8213 https://greshamoregon.gov/WorkArea/DownloadAsset.aspx?id=8213

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Exhibit A-2 – Authorization to Commence with Specified Work Exhibit B – Insurance Requirements

CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE

Contractors Name (please print):

Contact Name: Phone:

Fax: E-Mail Address:

Gresham Business Lic # ________Federal Tax ID # __________State Tax ID # Business Designation (check one): ☐ Individual ☐ Partnership ☐ Corporation ☐ Government ☐ Nonprofit ☐ LLC ☐ Other If not a citizen, check one: ☐ Lawful Permanent Resident ☐ Nonresident Alien

The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding.

Contractor understands that the Standard Terms and Conditions, Statutory Provisions, and Exhibits A-1, A-2 and B are an integral part of this contract and agree to perform the work described in Exhibit A-1 and A-2 in accordance with the terms and conditions of this contract.

Contractor represents and warrants to City that: (a) Contractor has the power and authority to enter into and perform the Contract; (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

By its signature contractor acknowledges it has read and understands this contract and agrees to be bound by its terms and conditions.

Signed by Contractor:

Signature/Title Date

NOTICE TO CONTRACTOR: This contract does not bind the City of Gresham unless and until the City Manager or Designee has executed it.

CITY OF GRESHAM SIGNATURE

Approved:

Project Manager Date

Reviewed:

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City Attorney or Designee Date

Approved:

City Manager or Designee Date

EXHIBIT A-1

STATEMENT OF WORK, DELIVERABLES, AND

PAYMENT SCHEDULE

STATEMENT OF WORK

[insert text]

PAYMENT SCHEDULE

City shall pay Contractor the consideration described in Paragraph 4 and as authorized in the format set forth in Exhibit A-2 or as otherwise agreed to in writing.

☐ In a lump sum at the completion of the contract to the satisfaction of the City ☐ Monthly progress payments based on time and materials or deliverables as set forth below with final payment upon completion of the contract.

☐ Other

Monthly progress payments based on time and materials (if checked above) will be based on the following:

[ E.g. Insert table with hourly rate for various positions] [E.g. Deliverables chart with compensation linked to individual deliverables]

Payment shall be made within thirty (30) calendar days after receipt of invoice and City approval of services rendered. The invoice shall state the contract number from page 1 of this contract and describe the work performed.

ACH Payments

It is the City’s policy to pay Contractor invoices via electronic funds transfers through the automated clearing house (ACH) network. To initiate payment of invoices, Contractor shall execute the City’s standard ACH Vendor Payment Authorization Agreement.

Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payment for services rendered directly into Contractor accounts with financial institutions. All payments shall be in United States currency.

CITY OF GRESHAM ON CALL SERVICES CONTRACT

EXHIBIT A-2 AUTHORITY TO COMMENCE SERVICES

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EXHIBIT A-2

AUTHORIZATION TO COMMENCE WITH SPECIFIED WORK

City of Gresham

** (Date Issued)

** (Contractor)

The City of Gresham has awarded a project to your firm. Please consider this Authorization as approval to commence the performance of services described below and subject to the approved terms and conditions in Contract No. _________.

PROJECT MANAGER:

DEPARTMENT/DIVISION:

SCOPE OF WORK (attach additional sheets as needed):

SPECIAL CONDITIONS:

START DATE:

COMPLETION DATE:

COMPENSATION:

Our records indicate your Certificates of Insurance are valid through:

Workers’ Compensation General Liability Auto Liability Please provide updated Certificates of Insurance if the completion date is after expiration of Certificates of Insurance.

Please contact * at * if you have any questions about this project.

Authorized by: Accepted by:

Print Name: Contractor Title:

Department:

EXHIBIT B INSURANCE REQUIREMENTS

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EXHIBIT B

STANDARD PUBLIC CONTRACT INSURANCE REQUIREMENTS

Contractor shall maintain in force at its own expense all insurance and other documentation noted below:

Workers’ Compensation insurance in compliance with ORS 656.017. All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Contractor shall submit:

• Proof of Workers Compensation, or

• Proof of exemption and Independent Contractor Certification

☒ Professional Liability (Check Here if Required) insurance with a combined single limit of not less than $1,000,000 for each claim, incident, or occurrence. This is to cover damages caused by error, omission, or negligent acts related to the professional services to be provided under this contract. The coverage must remain in effect for two years after the contract is completed.

Commercial General Liability insurance, on an occurrence basis, with a combined single limit of not less than $1,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective;

premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards.

Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. “Symbol One” coverage shall be designated.

Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from Contractor or its insurer(s) to the City.

Additional Insured. For general liability insurance and automobile liability insurance the City, and its elected officials, agents, officers, and employees will be Additional Insureds, but only with respect to Contractor’s services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance.

Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention’s, and/or self-insurance.