HomeMy WebLinkAbout2016-095 Contract - Moodio Design
Contract for GOODS AND SERVICES Small Procurement Less than $5,000
CITY OF INDEPENDENT CONTRACTOR: MODIO DESIGN
-AS H LA N D CONTACT: MARK MALARZ
20 East Main Street ADDRESS: P.O. BOX 1332 ASHLAND, OR. 97520
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-601-0502 FAX:
COMPLETION DATE: 4-12-16
COMPENSATION: $ 650.00
GOODS AND SERVICES TO BE PROVIDED: DESIGN CONSUMER CONFIDENCE REPORT. MANAGE PRINTING OF 200 COPIES AND PROVIDE
PDF COPY FOR ELECTRONIC DISTRIBUTION.
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.
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, 2798.225, 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 OF LAW THAT THE WORK REQUIRED BY THIS
CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: / ~A.
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 r erence.
Contractor: City of Ashland:
Y
Signature epartm t Heat) /
M~~ K (Au LA IZ z fir, Le f Rut `l
Prri t Name rint N me
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Title Date h
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No.
r -
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.
0L4 I i~
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 032416 Greg Hunter, City of Ashland
BROCHURE DESIGN AND PRODUCTION SERVICES: $650.00
Moodio will make revisions and updates for this year's Annual Quality Report. Format to fit 8.5x11
size (tri-fold brochure). Includes photo editing if necessary. Moodio will collaborate with client, design,
update content based on information provided by client, make revisions, manage printing, and provide
an optimized pdf file for internet viewing.
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 thirc is payable half way through the project and the last
third is invoiced and due 30 days from invoice date.
_zZ-/~
ACCEPTED BY DATE
Page 1 / 1
CITY OF _
ASHLAND DATE PO NUMBER
v~ 20 E MAIN ST. 4/27/2016 13498
_ ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000421 SHIP TO: Ashland Water Treatment Plant
MOODIO DESIGN, MARK MULARZ (DBA) (541) 488-5345
PO BOX 1332 ASHLAND, OR 97520
ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Greq Hunter
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Desiqn consumer confidence report, 650.00
manaqe printinq of 200 copies. Provide
pdf copy for electronic distribution.
Contract for Goods and Services Small
Procurement Less than $5,000
Beqinninq date: (blank)
Completion date: 04/12/2016
SUBTOTAL 650.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 650.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 670.08.19.00.60340 650.00
y/O
Aut rized Signature VENDOR COPY
FORM #3 CITY OF
SHLAND
REQUISITION Date of request: 3-25-16
Required date for delivery: 3-12-16
MOODIO DESIGN
Vendor Name
Address, City, State, Zip P.O. BOX 1332 ASHLAND, OREGON 97520
Contact Name & Telephone Number MARK MARLARZ 541-601.0502
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 Attach co of council communication If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Date approved by Council:
® Direct Award Contract #
El Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 $51K 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 $51K to $75K Valid until: Date - (Attach copy of council communication)
Description of SERVICES Total Cost
DESIGN CONSUMER CONFIDENCE REPORT, MANAGE PRINTING OF 200 COPIES. $ 650.00
PROVIDE PDF COPY FOR ELECTRONIC DISTRIBUTION.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
® Per attached quotelproposal $ 650.00
Project Number _ _ _ _ _ _ - _ _ _ Account Number 670.08.19.00.603400
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: /r`: Department Head:
(Equal to or greater than $5,000)
Department Manageri&pervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year YES / NO
Finance Director- (Equal to or greater than $5,000) Date
Comments:
Form #3 - Requisition