HomeMy WebLinkAbout2015-060 Contract - Moodio Design
Contract for GOODS AND SERVICES Small Procurement Less than $5,000
CITY OF INDEPENDENT CONTRACTOR: Moodio Design
-AS H LAND CONTACT: Mark Mularz- mark@moodio.me
20 East Main Street ADDRESS: PO BOX 1332, Ashland, OR 97520
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 5411488-5311 TELEPHONE: 541-601-0502 FAX:
BEGINNING DATE: February, 2015 COMPLETION DATE: June, 2015
COMPENSATION: $75 per hour-not to exceed $1800.
GOODS AND SERVICES TO BE PROVIDED:
In the event of conflicts or discrepancies among Contract Documents, this standard form of the City of Ashland Contract will be primary and
take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and
interpreted in a manner that will not conflict with this standard form City of Ashland Contract.
Moodio will provide graphic design, illustration and production services for a 2-sided, folding brochure similar to the Firewise Landscaping Setting
brochure. Moodio will collaborate with the client.
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 also maintain a current City
business license.
3. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City.
4. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those 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.
6. Termination: City's Convenience. This contract may be terminated at any time by the City.
7. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete
responsibility for the performance of this contract.
8. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or
emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award
of such subcontracts, if any.
9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license.
10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work.
11. 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.
12. Default. The Contractor shall be in default of this agreement if Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract.
13. Insurance. Contractor shall at its own expense provide the following insurance:
a. 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. Worker's compensation insurance is required if work is performed by employees,
subcontractors, or volunteers.
BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY ~ F LAW THAT THE WORK REQUIRED BY THIS
CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: 1T-
b. General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury
and Property Damage.
C. 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 or non-owned vehicles, as applicable.
14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon
15. 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.
Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Contractor: City of Ashl d:
L----
By 14 By 1_4L -
Si nature Department Head
NA-N" u1 a Yz Jt JJN !L4-QA's
_
i Print Name
n1 (rin~tt Name
Title Date
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order NO.
State Farm, Brian Conrad Office, 541-482-8470 Pblicy
# L24 9161-A05-371
Revised 10-28-14 Page 1 of 2
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 its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the
entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the
contract documents, and has checked four or more of the following criteria:
_ (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my
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) Telephone listing is used for the business separate from the personal residence listing.
_ (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) 1 assume 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.
Contractor (Date)
Revised 10-28-14 Page 2 of 2
moodiame
This is an estimate. moodio design
mark mularz
541 601 0502
po box 1332
ashland, or 97520
PAGE DATE CLIENT
1 of 1 021815 Ashley Lara, Ashland Fire and Rescue
FIREWISE BROCHURE - Guidelines for Firewise Landscaping: $1725.00
Planning, meetings/correspondence, design, illustration, several minor rounds of revisions, production and
print coordination. The brochure will provide information on Firewise design and building practices with
the goal of reducing fuels and exposure.
Illustrations will include:
1. front cover illustration of new/developing neighborhood on edge of the wildland-urban interface
2. examples of good and bad gutter guards
3. examples of good and bad roofing materials
4. large illustration of home (main foldout) with call-outs and illustrations that highlight construction
materials, roofing, vents, gutters, fencing, and deck screening
Copy provided by client.
Brochure format: 11 x 17 folded in half from top, and then tri-folded to create 3.75 x 8.5 finished size.
Full color.
Printing will be estimated and billed separately.
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. Moodio 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
CITY OF
. ASHLAND DATE- PO NUMBER
20 E MAIN ST. 2/26/2015 12742
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000421 SHIP TO: Ashland Fire Department
MOODIO DESIGN, MARK MULARZ (541) 482-2770
PO BOX 1332 455 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Rep. Del. Date: contact: Chris Chambers / Ashley
Special Inst: Confirming? No
Quanti Unit Description Unit Price Ext. Price
Graphic desiqner to produce qraphic 1,800.00
desiqn illustration and production
services for a 2-sided, folding
brochure similar to the FIV landscaping
brochure.
Contract for Goods and Services - Small
Procurement less than $5,000
Beqinninq date: February 17, 2015
Completion date: June, 2015
SUBTOTAL 1,800.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 1,800.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 110.07.51.00.61035 E 000443.999 1,800-00
Au orized Signature VENDOR COPY
FORM #3
CITY OF
OF/ ASHLAND
ryquaat for -2 purc e-ISy Order
REQUISITION Date of request: 2-12-5 j
l~ ~g1 1 Required date for delivery: 31q 115
Vendor Name ICA I A n rz-
Address,City, State, Zip p(7 i xpX It
~,A2 ~nlra i1~ l 4~ G-7,72()
Contact Name & Telephone Number
(Co! - c)50 2
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 Intergovern mental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached ❑ Agency
❑ (3) Written proposals/written solicitation Date approved by Council: Date original contract approved by Council:
❑ Form #4, Personal Services $5K to $75K Valid until: (Date) Date
Description of SERVICES Total Cost
ti rL l e ~ v~ i l\ ~i~c tv t J~2~i~t dcSlc kku s ck:fibn cu,0 e o ,
t~r~c~~cfiL~ ~
l~ 1~ ~U 1 i1Ci l'cl 0'I'CC,~Ii.i w . $
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
/~i, t~
(I .b~"f
TOTAL COST
Per attached quotelproposal $
ProjectNumberQk) i\,, UNI Account Numbp _
Account Number I oU-l3-AccountNumber___-__-_ - -
*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:
ITDirector Date Support-Yes/No
By signing this r sition form, l certify that the 'ty's public contracting requirements have been satisfied.
Employee: 416f u Department Head:
aff_=41 (Equal to or greater than $5,000)
Department ManagerlSupervisoyi ~City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. ES NO
L Finance Director- (Equal to orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition