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HomeMy WebLinkAbout2017-141 Contract - Goldstreet Designs Contract for GOODS AND SERVICES Small Procurement Less than $5,000 C i T Y O F INDEPENDENT CONTRACTOR: GOLDSTREET DESIGNS ~S H LA~J D CONTACT: JOHN GROSS 20 East Main Street ADDRESS: P. 0. BOX 1972 BEND, OR. 97709 Ashland, Oregon 97520 Telephone: 541/488-6002 Goldstreetdesigns.com Fax: 5411488-5311 TELEPHONE: 541-316-1272 FAX: BEGINNING DATE: 3-30-17 COMPLETION DATE: 4-30-17 COMPENSATION; $540.08 GOODS AND SERVICES TO BE PROVIDED: DESIGN CONSUMER CONFIDENCE REPORT. PROVIDE PDF FILE FOR DISTRIBUTION BY 4-13- 17. PRINT AND DELIVER 200 COPIES. 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 Cit 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 2798.220, 279B,225, 2798.230, 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 ofFcers, 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. City will pay for satisfactory services rendered. 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: 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 $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by re erence. Contractor: City of Ashland: By ~ By ~ , Signature Department He John ross ~ Print Name Pri t N me President .$`~~i ~ Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. PUfChaSe Order No. 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: _x (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, setaside as the location ofthe business. _x (2) Commercial advertising or business cards or a trade association membership are purchased for the business. _x (3) Telephone listing is used for the business separate from the personal residence listing. x (4) Labor or services are performed only pursuant to written contracts. x (5) Labor or services are performed for two or more different persons within a period of one year. _x (6) I 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. Goldstreet Design Agency, inc 3/30/2017 Contractor (Date) Revised ~0-28-~4 Page 2 of 2 ~ PROPOSAL . FEIN Proposal Created Date 3123/2017 Prepared By John Gross Quote Number 00003218 Email john@goldstreetdesigns.com Prepared For Account Name Ashland, City of Contact Name Greg Hunter Pricing* ~ ~ ~ Water Quality Report 2017 -8.5x11 flat; Development: $380 Production: $140.08; 80L6 Book, Gloss AQ; QTY: 200 $520.08 Total Total Price $520.08 Shipping and $20.00 Handling Grand Total $540.08 *Pricing Details Development Costs; unless otherwise mentioned in the Line Item Description deveopment costs are for creating a designllayout that integrates client provided content, logos, photos, graphs, illustrations, etc.; three rounds of development (1. initial layout 2. final changes 3. Prep file for print); and a friendly project manager focused on designlprint coordination and ensuring a fast tournaround, Setup Costs; are for using Goldstreet Design Agency, Ines previously designed materials and does NOT include any customization. Customization costs are included in the development costs, Production Costs; are related to the costs associated with printing andlor promotional items. Usage Rights Granted; are for the printed quantity and use in your geographical service area, See 6.5 Rights Granted for more details. Contract Terms and Conditions 1. Time for Payment Payment Schedule: Monthly, for the services performed during that month, with payment due within 30 days of the invoice date. Postage expense must be paid prior to mailing, Sales tax (if applicable) is additional, A 1 112% monthly service charge is payable on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment. 2, Default in Payment The Client shall assume responsibility for all collection of legal fees necessitated by default in payment, 3. Expenses Estimated expenses are for budgetary purposes and made in good faith. Revisions beyond quoted will be billed hourly with a minimum charge of $50 per round of revisions. The Client shall reimburse the Designer for all expenses plus 30% markup arising from this assignment, including the payment of any sales taxes due on this assignment. 4, Changes The Client shall be responsible for making additional payments for requested by the Client beyond the original assignment. However, no WWW.GOLDSTREETDESIGNS.COM 866.742.8287 / P.O. BOX 1972 BEND, OR 97709 Purchase Order _ . Fiscal Year 2017 Page: 1 of: 1 B City of Ashland I y _ _ _ _ L 20 ENMainounts Pa able Purchase L 754 Ashland, OR 97520 Order # T Phone; 5411552-2010 p Email: payable@ashland.or.us ~ H CIO Water Treatment Plant E GOLDSTREET DESIGN AGENCY INC 190 North Mountain Ave p PO BOX 1972 p Ashland, OR 97520 O BEND, OR 97709-1972 Phone: 5411488-5345 R T Fax:5411552-2329 0 V~n~o~=Ph~ri~~umb~i~ ~te~Qr---1~~~~ = - r~r~ r~ _ _ _ - _ Gre Hunter 0610.112017 1005_ ~ FOB ASHLAND OR/NET30 Cit Accounts Pa able _ _ _ _ Water Quality Report 2017 1 Design and rint Consumer Confidence Report -Water Quality 1 $540.0800 $540.08 Report 2017p Per attached proposal dated 03/23/2017 Project Account: Project Account: GL SUMMARY 081800 - 604100 $270.04 081900 - 601100 $270.04 ~ ~ ~ " ~ 4 s B ` Date; ; 4 ~ ~ Y~ Authorized ~~ignature M - $540.08 r`' F~R1VI #3 , ~ ter. CITY O F ~ - SHLAND r~~- REQUISITION . ~ Date of request: 5-30-17 ' Required date for delivery: ASAP Vendor Name GOLDSTREET DESIGNS Address, City, State, Zip P.O. BOX 1972 BEND, OR. 97709 Contact Name & Telephone Number JOHN GROSS 541-316-1272 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 uote or ro osal attached _ Attach co of council communication _ If council a royal re wired, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ UerballWritten 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 $100,004 ❑ 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 proposalslwritten solicitation Date approved by Council; (Date) ❑ Form #4, Personal Services $5K to $75K Ualid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost DESIGN AND PRINT CONSUMER CONFIDENCE REPORT $ 540.08 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ 540.08 Project Number _ _ _ _ _ _ • _ _ _ Account Number 08,19.00.601100 Account Number • • - Account Number 08,18,00,604100 *Expenditure must be charged to the appropriate account numbers for the financials fo accurately reflect the actual expenditures. 1T Director in collaboration with department to approve all hardware and software purchases: IT Direcfor Date Support -Yes f No By signing this requisition form, l cerfrfy that the City's public contracting requirements have been satisfied. Employee: - Department Head: ~ f (Equal to or great than $5,000) Department ManagerlSupervisor: City Administrator: (Equal to or greater than $25,000) 1°undsappropriated for current fiscal year; ~ 1~ES~ NO ~ ~ ! I Finance Doctor- (Equal fo or greater than $5; 000) Dafe Comments: Form #3 -Requisition