HomeMy WebLinkAbout2014-322 Contract - Moodio Design
CITY OF
ASHLAND INDEPENDENT CONTRACTOR: moodio.me
CONTACT: Mark Mularz
20 East Main Street ADDRESS: PO Box 1332
Ashland, Oregon 97520 TELEPHONE: 541-601-0502
Telephone: 541/488-6002
FAX.
Fax: 541/488-5311
DATE CONTRACT FULLY EXECUTED: r
BEGINNING DATE: December 2014 COMPLETION DATE: 2015
COMPENSATION: $75 per hour not to exceed $500
SCOPE OF WORK: Design a graphic tag line with city's URL for use on City envelopes to encourage people to stay
informed. The tag line will be compatible with current City graphics. Contractor will develop necessary digital
specifications for the selected printer, review printer provided proofs and printing oversight.
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: City'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 Exhibit 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 LAW
THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED:
7. Statutory Requirements: ORS 279B.220, 279B.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. Contractor further 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 City of Ashland
BY _ BY
W-9 -One cop of W-9 is o be submitted with the signed contract.
APP VED AS M FORM
Ashftf ty Moir*
Da 1 -2-19 T 14
Contract for Personal Services, Page 1 of 3
EXHIBIT A
CERTIFICATIONSMEPRESENTATIONS: 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:
(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.
I-Lb~1
Contractor (Date)
Contract for Personal Services, Page 2 of 3
EXHIBIT B
CITY OF ASHLAND
WORKERS' COMPENSATION INSURANCE CERTIFICATION
CERTIFICATION OF COVERAGE:
Contractor will maintain Workers' Compensation insurance coverage for the term of the contract and
will provide Certificate of Workers' Compensation Insurance before
Project Beginning Date.
CERTIFICATION OF EXEMPTION FROM COVERAGE:
Contractor is exempt from the requirement to obtain workers compensation insurance under ORS
Chapter 656 for the following reason (initial the appropriate box).
x SOLE PROPRIETOR
J Contractor is a sole proprietor, and
• Contractor has no employees, and
• Contractor will not hire employees or subcontractors to perform this contract.
CORPORATION - FOR PROFIT
• Contractor's business is incorporated; and
• All employees of the corporation are officers and directors and have a substantial ownership
interest* in the corporation, and
• All work will beperformed by the officers and directors; Contractor will not hire other employees or
subcontractors to perform this contract.
CORPORATION - NONPROFIT
• Contractor's business is incorporated as a nonprofit corporation, and
• Contractor has no employees; all work is performed by volunteers, and
• Contractor will not hire employees or subcontractors to perform this contract.
PARTNERSHIP
• Contractor is a partnership, and
• Contractor has no employees, and
• All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this
contract, and
• Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement,
moving or demolition of an improvement to real property or appurtenances thereto."
LIMITED LIABILITY COMPANY
• Contractor is a limited liability company, and
• Contractor has no employees, and
• All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this
contract, and
• If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the
construction, alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.
*NOTE: Under OAR 436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the
corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average
percentage of ownership of all shareholders.
**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing
construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption
request is accepted from a contractor who will perform construction work.
G:\IegailCONTRACTS\Contracting WORKSHOP 20131Draft Personal Services Contract - Low Risk - Public Art 5-8-14.docx
Contract for Personal Services, Page 3 of 3
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CITY OF
. ASHLAND DATE PO NUMBER
20 E MAIN ST. 12/11/2014 12634
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: Ann Seltzer
Special Inst: Confirming? NO
Quanti Unit Description Unit Price Ext. Price
Graphic Desiqn 500.00
Taq Line w/City's URL
$75.00 per hour, not to exceed $500.00
SUBTOTAL 500.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 500.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 710.01.02.00.60410 500.00
Authorized Signature VENDOR COPY
F0 RM.#3 CITY OF
A "eq'uest or a Purchase Order ASHLAND
/
REQUISITION Date of request: /'9 a
Required date for delivery: I
Vendor Name ~f & ~y! iG/L
Address, City, State, Zip A /Jo
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
r-1 Exempt from Competitive Bidding ❑ Emergency
❑ eason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
[ ' AMC 2.50 000, rT 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) I
Description of SERVICES Total Cost
q rrke- din
v
$ 5V 0
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number _ _ _ _ - Account Number-210 - D1 - )P_- pQ - 6-P ~~Q O
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:
IT Director Date Support -Yes / No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee: Department Head:
. n (Equal to or greater than $5,000)
Department Manager/Supervisor: GN City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. YES / NO
Finance Director- (Equalto or greater than $5,000) Date
Comments:
Form #3 - Requisition