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HomeMy WebLinkAbout2014-108 Contract - Moodio Design CATV OF -ASHLAND INDEPENDENT CONTRACTOR: Moodio.Me - - - CONTACT-MaWMu arz - - - - - 20 East Main Street ADDRESS: PO Box 1332 Ashland, Oregon 97520 TELEPHONE: 541-601-0502 Telephone: 541/488-6002 Fax: 5411488-5311 FAX: DATE CONTRACT FULLY EXECUTED: BEGINNING DATE: May 8, 2014 COMPLETION DATE: Jul 31, 2014 COMPENSATION: $75 per hour em", Z3919490 SCOPE OF WORK: Design a graphic identity for informational ma erials related to the 2014 drought, "Use Water Wisely". The goal is to brand the message so that it quickly identifies the message wherever it appears. Design materials will include but not be limited to the following: street banner, lawn signs with varying messages, door hangers, tent cards and towel and sheet cards. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: ' 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker- like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must have a current City business license. 3.. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless against and from losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor, its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 4. Termination: Cit s Convenience. This contract may be terminated at any time by the City. ' 5. Independent Contractor Status and Other Representations: Contractor is an Independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. Contractor certifies the accuracy of the representations in attached Exhibit A. 6. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. See.Exhlbit B (Back of Page). Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THE BLANK AT THE END OF THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: 7. Statutory Requirements: ORS 279B.220, 2798.225,279B.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 8. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor has an asbestos abatement license. 9. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth In this document. 10. Non-discrimination Certification: The undersigned certifies that Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts. Conlraclorfurther certifies that it shall not discriminate in the award of such subcontracts, if any. 11. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon. 12. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. Contractor - CBfIIyaf shland W-9 -One co of W-9 is to be submitted with the signed contract. AP VED,'...T RM'. s Hand; . Attorney Contract for Personal Services, Page 1 of3 Data r~ ) EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it), and (b) Contractor is not subject to backup withholding because (I) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work; (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; (c) the work under the Contract shall be performed in accordance with the highest professional standards; and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that (a) its business is not in violation of any Oregon tax laws; (b) if it is a corporation or limited liability company, it is in good standing under state and federal laws and the undersigned is authorized to act on behalf of the entity; (c) it is an independent Contractor as defined in ORS 670.600; (d) Contractor meets at least four of the criteria listed below and so indicates by placing Contractor's initials in the blanks before all the criteria Contractor meets: X (1) Contractor carries out the provided labor or services at a location separate from Contractor's residence or in a specific portion of its residence, set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) The telephone listing used for the business is separate from the telephone listing for Contractor's personal residence. (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. (6) Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. May 14, 2014 ontractor (Date) Contract for Personal Services, Page 2 of 3 moodio.me This is a proposal. a to design mark mularz 541 6010502 po box 1332 ashland, or 97520 PAGE DATE CLIENT 1 of 1 050814 Ann Seltzer, City of Ashland "USE WATER WISELY" PROGRAM IDENTITY AND COLLATERAL - $1350.00 (10 hours 075/hd Moodio will design a clean, graphic identity for the "Use Water Wisely" message. The goal is to brand the message so that it quickly identifies the message wherever it appears. Moodio will also design the - following as part of the campaign and outreach: - street banner - lawn signs 3 versions: 1) use water wisely; 2) flower bed message; 3) water feature message) - door hangers - 2 versions - tent card for restaurants - towel and sheet card for hotels Some illustration is included. If extensive illustration, photography, and/or copy writing is necessary, separate estimates can be provided. PROCESS - meetings, phone/correspondence 2 - planning/research, estimates (coordinate with vendors) 2 - design concepts for program identity and collateral items listed above 6 - refinements to designs 3 - production: place and content, refinements to content, collaborate with 3 client and vendor to finalize specs, production and delivery - final files to vendor 1 - proofs 1 total hours - 18 Note: The above estimate does not include revisions, deletions and alterations (unless otherwise stated). Revisions, deletions and alterations will he billed in addition to this estimate at an hourly rate of $75. Moodie assumes no liability for this protect Any legal work needed for trademarks, searches, etc. is the responsibility of the client Additional expenses including but not limited to printing, courier, photography, illustration long distance charges and Federal Express are billed in addition to this estimate and will reflect a 15% mark- up (unless otherwise stated). This is an estimate; actual time and expenses will be charged. Unless otherwise stated, one third payment is required to begin the project the second third is payable halt way through the project and the last third is invoiced and due 30 days from invoice date. ACCEPTED BY DATE Page 1 / 1 CITY O F~L 0r RCQ ✓I.b -ASHLANT3 DATE ;PO NUMBER 20 E MAIN ST. 5/23/2014 12257 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000421 SHIP TO: City of Ashland MOODIO DESIGN, MARK MULARZ (541) 488-6002 PO BOX 1332 20 E MAIN STREET ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept: Req. Del. Date: contact: Ann Seltzer Special Inst: Confirming? No Quanfi Unit - - Descri Gong. - - =k Unit Price - Ext-Price THIS ISAREVISED PURCHASE ORDER Graphic design for Drought 2014 printed 3,000.00 materials Independent Contractor Contract Beginning date: May 8, 2014 Completion date: July 31, 2014 SUBTOTAL 3,000.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 3,000.00 ASHLAND, OR 97520 Account Number ' Project Number Amount....'' 'Account Number' Project Number'-' - Amount E 670.08.15.00.60410 3,000. 00 AutWrrized Signature VENDOR COPY FORM #3 CITY OF A r6quest for a Purchase Order ASHLAND REQUISITION Date of request: 19 29 Required date for delivery: - a 3 Vendor Name n~+r Address, City, State, Zip i'lrl nx 1, Contact Name & Telephone Number Fax Number S U r - &'q I - D sD 7 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached n❑ Written quote or proposal attached ,'i Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Direct Award Date approved by Council: Contract # Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # mental Agreement PERSONAL SERVICES ❑ Special Procurement Intergoverncy $5.000 to $75.000 ❑ Agen El Form #S, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost G«~lu~ BdkG/1 ~of *~fDJrjlt'UJy ei$AA Mpt; tali T r ~ r= , a ~W r~ C~ Pad i, 1 3 ~ k• Item # Quantity Unit Description of MATERIALS Unit Price Total Cost . TOTAL COST ❑ Per attached quotelproposal § y'r 1 rp i# Project Number` AccountNumbel:67L -~•f~-~(~•~~/Q(~ Account Number - Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDireetor Date Support-Yes/No By signing this re uisition form, I certify that the City's public contracting requirements have been s stied I Employee:- A) Idi Department Head: C z G - (Equal to or greater than $5,000) Department Manager/SupervisoY City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director (Equal to orgreaterthan$5,000) Date Comments: Form #3 - Requisition