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HomeMy WebLinkAbout2014-286 Contract - Moodio Design CONTRACT FOR GOODS AND SERVICES less than $5000-LOW RISK CITY OF ASHLAND PROJECT NAME: Misc Graphic Design Services INDEPENDENT CONTRACTOR: Moodio Me 20 East Main Street CONTACT: Mark Mularz, Owner Ashland, Oregon 97520 ADDRESS: PO Box 1332 Telephone: 541/488-6002 Fax: 541 /488-5311 TELEPHONE: 541-601-0502 DATE CONTRACT FULLY EXECUTED: EMAIL: Mark@moodio.me BEGINNING DATE: 9/26/14 COMPLETION DATE: 11/1/14 COMPENSATION: Not to Exceed $3,500 - See attached estimate for details GOODS AND SERVICES TO BE PROVIDED (Scope of Work): Graphic design services for Economic Development materials (Enterprise/E-Commerce zone), Bag Ban outreach materials and WWTP onsite educational outreach signage. See attached for details. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. All Costs by Contractor: Contractor shall provide all goods and services as specified above and shall at Contractor's 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 represents that any personnel assigned to the work required under this Contract are fully qualified to perform the work in a skilled and worker-like manner and, if so required by the State of Oregon, registered, licensed or 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 all 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 will not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 4. Termination: City's Convenience. This contract may be terminated at any time by the City. Independent Contractor Status and Other Representations: Contractor is an independent contractor and not an employee of the City. Contractor shall have complete responsibility for performance of this Contract. Contractor certifies the accuracy of the representations in attached Exhibit A (back of page). 5. Insurance. Contractor shall at its own expense provide the following insurance: a. Workers' Compensation insurance in compliance with ORS 656.017. Workers' compensation insurance is required if work is performed by employees or subcontractors. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED, AND THAT CONTRACTOR NOT SUBJECT TO WORKERS' COMPENSATION INSURANCE REQUIREMENTS. MM b. General Liability insurance with the following combined single limit coverage, or the equivalent: At least-None Required for each occurrence for Bodily Injury and Property Damage. Such insurance shall include contractual liability coverage for the indemnification provided under this contract. c. Automobile Liability insurance with the following combined single limit coverage for each accident, or the equivalent: 1) At least _None Required for Bodily Injury; and 2) At least -None Required for Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this Contract. 7. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the Work. 8. Non-discrimination Certification: The undersigned certifies that Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. 9. Governing Law; Jurisdiction; Venue: This Contract shall be governed and construed in accordance with the laws of the State of Oregon . 10. 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. f Contractor Cft~ of Ashland I By MAKV- Mut-AKZ-M00190 DE5,kC1+ I By L Ds b5E-+LA i4~ ZO 4 Q 9,AL,&.f to . n1L at sto W-9 -One co of w-9 is to be submitted with the signed contract. Contract for Goods and Services Less than $5,000, Revised 06-30-14, Page 1 of 2 CONTRACT FOR GOODS AND SERVICES less than $5000-LOW RISK 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 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; and (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: (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. _ (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. (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. `a ©97-314 Contractor (Date) Contract for Goods and Services Less than $5,000, Revised 06-30-14, Page 2 of 2 moodiame This is a proposal. moodio design mark mularz 541 601 0502 po box 1332 ashland, or 97520 PAGE DATE CLIENT 1 of 1 091914 Adam Hanks, City of Ashland WASTEWATER TREATMENT PLANT SIGN - 18-23 HOURS X $75/HR = 1350.00-1725.00 This free standing sign will serve as an informational/educational fixture located near the pond that is fed by treated water. The pond illustrates the health of the treated water. - planning 2-3 - meetings/phone/correspondence 2-3 - design (physical sign and information graphics) 8-10 - refinements 2-3 - production 2 - fabrication and installation coordination 2 18-24 hours BAG BAN INFORMATIONAL PIECES - 10-13 HOURS X $75/HR = 750.00-975.00 Modify existing City of Eugene designs and extend to educational pieces for the City of Ashland. These include: 1) 11x17 poster for shoppers; B) FAQ piece for retailers - planning 1 - meetings/phone/correspondence 1-2 - design 4-5 - refinements 1-2 - production files/pdf's 1 - print coordination 1 - press check 1 10-13 hours EZONE ECONOMIC DEVELOPMENT FLYER - 4-5 HOURS X $75.00/HR = 300.00-375.00 Promotional outreach piece targeted to eligible property owners and businesses in the three economic development zones. Moodio will "clean up" existing 2 page flyer 2 pages (including maps). - meetings/phone/correspondence 1.5 - design 2.5-3.5 4-5 hours Note: The above estimate does not include revisions, deletions and alterations (unless otherwise stated). Revisions, deletions and alterations will be billed in addition to this estimate at an hourly rate of $75. Moodlo assumes no liability for this project. 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 half way through the project and the last third is invoiced and due 30 days from invoice date. ACCEPTED BY DATE Page 1 1 1 CITY OF . AC u i A ND DATE ::q [:::::PO NUMBER 20 E MAIN ST. 10/31!2014 12583 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: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Adam Hanks Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Graphic Desiqn Services 3,500.00 Baq Ban - Ordinance outreach materials $750.00 to $975.00 Economic Development - Enterprise / E-commerce zone outreach materials $300.00 TO $375.00 WWTP - Educational siqnaqe for demonstration pond $1,350.00 to $1,725.00 Contract for Goods and Services less than $5,000 - Low Risk Beqinninq date: 09/26/2014 Completion date: 11/01/14 SUBTOTAL 3,500.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 3,500.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.01.02.00.60410 3,500.00 re? Authoj#ed Signature VENDOR COPY FORM #3 C I T Y OF } - ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name Mnndin Dp,.sign Address, City, State, Zip PO Box 1332 Contact Name & Telephone Number Ashland, OR 97520 Fax Number 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 ❑ Written quote or proposal attached ❑ 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 # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ 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 Misc graphic design services for 1)Bag Ban ordinance outreach materials 2) Economic Development - Enterprise/E-Commerce zone outreach materials $3,500 3)Waste Water Treatment Plant educational signage for demonstration pond Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST er attached quotelproposal $3,500 Project Number Account Number 110.01.02.00.604100 Account Number 675___'--"--'-- 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: 4140 IT Director Date Support -Yes/ No By signing this requisition form, 1 certi hat the City's public contracting requirements have been satisfied. Employee: - Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year:, NO Finance Director (Equal to or greater than $5,000) Date Form #3 - Requisition