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HomeMy WebLinkAbout2015-116 Contract - Reel House Films Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Reel House Films -45 H LAND CONTACT: Sean Marc Nipper 20 East Main Street ADDRESS: 115 Wilson Road Ashland, Oregon 97520 Telephone: 541/488-6002 Ashland, OR 97520 Fax: 541/488-5311 TELEPHONE: 541-201-8911 FAX: None BEGINNING DATE: 5/11/15 COMPLETION DATE: 9/1/15 COMPENSATION: One 2-minute video production at $2,900. A second possible video (if needed, using leftover footage) at a cost of $2,000. Total compensation not to exceed $4,900. GOODS AND SERVICES TO BE PROVIDED: ~jE'L "fix 1 - half-day shoot (5 hours, including set up and tear down); 1 day of video editing; 1 second half-day shoot (5 hours, including set up and tear down); and an HD camera kit, including audio capture. Possible second video (using leftover footage) not to exceed $2,000 in cost. 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. 46 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 CAF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: 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 all sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland: By BY ~Ya Signatures DeNIrtrr)ent HQl Print Name Print Na aeQ~ ( [ 1.~P7C 5 7 Tie Date fd, W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order NO. G ' 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 ocuments, 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 Quote 115 Wilson Rd. Ashland OR 97520 Estimate No: 37 REEL HOUSE Date: Apr 8, 2015 541-201-8911 reelhousefilms@gmail.com F I L M S NUNN~ www.reelhousefilms.com City of Ashland P&R 340 S Pioneer St. Ashland OR 97520 Tracking No Ship Date Ship Via FOB Apr 10, 2015 Description Quantity _ Rate: Amount 1 Half day shoot (5 hours including setup and tear down) 1' $900.00 $900.00, This will be broken up into severel days of shooting at various locations over the next 30-45 days - - 1Day of video editing 1! $775.00 $775.00 I(2 rounds of re-edits are included in this if needed) - - - $800.00 1 Half day shoot 5 hours including set up and tear down) 1 $900.00 HD Camera kit including audio capture. 1 $325.00 $325.00 An additional video can be produced with any extra footage for an 1 $2,000.00 $2,000.00 !additional $2000 Trust is so important in business today. Thank you for trusting me Subtoial $4,900.00 with your Video Production needs. I look forward to serving you. Discount $0.00 AcoR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marcene Forney Ashland Insurance Inc = (541) 482-0831 jaC, No): (541)488-5851 585 A Street Suite 1 E-MAIL ADDRESS: marcenef@ashlandinsurance.com P. O. BOX 880 INSURER(S) AFFORDING COVERAGE _ NAIC # Ashland OR 97520 INSURERA:Valley Forge 20508 INSURED INSURER B : Sean Nipper dba : Reel House Films INSURER C : 115 Wilson Road INSURER D: INSURER E : Ashland OR 97520 INSURER F: COVERAGES CERTIFICATE NUMBER:15 16 GL Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD U R POLICY NUMBER MWDD EFF MIDDY EXP LTR LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED A CLAIMS-MADE -XI OCCUR PREMISES Eaoccurrenqgl $ 300,000 X 6012100600 4/20/2015 4/20/2016 MEDEXP(Any one, person) $ 10,000 PERSONAL & ADV INJURY_ _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT 1:1 LOC PRODUCTS - COMP/OP AGG $ 4,000,000 - OTHER: BAIL $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 6012100600 4/20/2015 4/20/2016 BODILY INJURY (Per accident) $ A NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION PERT OTH- AND EMPLOYERS' LIABILITY YIN STAUTE _ ER ANY PROPRIETORIPARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attachad H more space is required) This form is subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE Kimberly Edwards/KIM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD IN3n25 r9manii Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 5/11/2015 00449 (541) 488-5300 VENDOR: 004648 SHIP TO: REEL HOUSE FILMS 115 WILSON ROAD ASHLAND, OR 97520 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Rachel Dials Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER One 2-minute video production 4,900.00 $2,900.00, includes $325 for HD Camera kit, includinq audio capture. A second possible video (if needed, usinq leftover footaqe) at a cost of $2,000.00. Contract for Goods and Services Small Procurement Less than $5,000 Beginninq date: 05/11/2015 Completion date: 09/01/2015 SUBTOTAL 4,900.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 4,900.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.03.01.60610 4,900.00 S _ ~z Autho '"ed Sigfi&Ure VENDOR COPY FORM#3 CITY OF T ~SHLAN D REQUISITION Date of request: 5/7/15 Required date for delivery: 9/1/15 Vendor Name Reel House Films, Attn: Sean Marc Nipper Address, City, State, Zip 115 Wilson Road, Ashland, OR 97520 / 541-201-8911 Contact Name & Telephone Number 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 1- half-day shoot (5 hours including set up and tear down) - $900.00 1- day of video editing - $775.00 $ 4,575.00 1 - additional half-day shoot (5 hours, including set up and tear down) - $900.00 1 - possible additional video (using leftover footage) at a cost not to exceed $2,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 1 ea HD Camera kit, including audio capture $ 325.00 $ 325.00 TOTAL COST ® Per attached quote/proposal $ 4,900.00 Project Number Account Number 211 -_12-_03-_01 -_606100 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 his requi Lion to , I ertify th f the City's public contracting requirements have been satisfied. Employee: Department Head: Y (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., YES NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition