Loading...
HomeMy WebLinkAbout2018-046-Contract for Goods & Services- Goldstreet Designs Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: GOLDSTREET DESIGNS -AS H LAND CONTACT: JOHN GROSS 20 East Main Street ADDRESS: P. O. BOX 1972 BEND OR. 97709 Ashland, Oregon 97520 Telephone: 541/488-6002 WWW.GOLDSTREETDESIGNS.COM Fax: 541/488-5311 TELEPHONE: 866-742-8287 FAX: BEGINNING DATE: 2-21-18 COMPLETION DATE: 3-10-18 COMPENSATION:$ 540.08 GOODS AND SERVICES TO BE PROVIDED: DESIGN CONSUMER CONFIDENCE REPORT IN A TRIFOLD FORMAT. MANAGE PRINTING OF 200 COPIES. SHIP COPIES FOLDED, FOB, TO CITY OF ASHLAND. PROVIDE AN ELECTRONIC PDF COPY FOR 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 2798.220, 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. 1 1 . 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 reference. Contractor, City of Ashland: BY By Sign~ture Department Head 01,~,_ C0Y-Ds~ P~"Ld 6 F~rte~~a PE J!V ~ Ple_ PrintName Print Name G ~L Zor Q Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. PUfChaSe Order N0. Revised 10-28-14 Page 1 of 3 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 frorn 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. .'A" -fi r I Contractor (Date) Revised 10-28-14 Page 3 of 3 GOLDS'TREET DESIGNS PROPOSAL Me gold standard. of utility aurmagh Proposal Created Date 2/21/2018 Prepared By John Gross Quote Number 00003432 Email john@goldstreetdesigns.com 'Prepared For Account Name Ashland, City of Contact Name Greg Hunter Pricing* Water Quality Report 2018 -8.5x11 flat; Development: $380 Production: $140.08; 80LB 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 design/layout 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 design/print coordination and ensuring a fast tournaround. Setup Costs; are for using Goldstreet Design Agency, Inc's 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 and/or 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 1/2% 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 GOLD TR TD I N OM 866.742.8287 / P.O. BOX 1972 BEND, OR 97709 GOLD RE PROPOSAL 0 ES I ON Thv gold standard of utility outreach additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer the first opportunity to make any changes. 5. Cancellation In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall he retained by the Designer, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client. 6. Ownership of Artwork The Designer retains ownership of all originals and copies of the artwork, whether preliminary or final, and the Client shall return such artwork, including digital media, and shall permanently delete all digital copies thereof, within 30 days of use. Designer Creative Content: For the purposes of this Agreement, (Designer Creative Content) shall mean all creative content developed by Designer, or commissioned by Designer exclusively for the Project, and incorporated in the Deliverables, including without limitation all visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, and all modifications to Client Content developed by Designer. Third Party Content: Third party content that is incorporated into the Deliverables, including without limitation to words, pictures, illustrations, symbols, logos, standardized application tools, web authoring tools, other software, trade secrets, patents, copyrights, and other rights in connection therewith (collectively, 'Third Party Content) shall be owned by the respective third parties. The Client warrants and represents that, to the best of his/her knowledge, any Client provided 'Third Party Content', hereunder is original and has not been previously published, or that consent to use has been obtained for incorporation into the Deliverables. Client shall have sole responsibility for ensuring that content not infringe the rights of third parties, and Client shall indemnify, save, and hold harmless Designer from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging copyright or trademark infringement, or arising out of Client's failure to obtain trademark clearance or permissions, for use of copyrighted material or trademarks. 6.5 Rights Granted Any grant of rights is conditional upon receipt of full payment. Any usage rights not exclusively granted are reserved to the Designer. Deliverable(s) may be used only for the purposes stated above. All other use(s) is (are) prohibited. Deliverable(s) may not be copied without the Designer's permission except as required for the Uses set forth above. Usage beyond that granted to the Client herein shall require payment of a mutually agreed-upon additional fee subject to all terms. The rights herein granted are personal to the Client and shall not be transferred or assigned, in whole or in part, without the prior written consent of Goldstreet Design Agency, Inc. Designer shall deliver digital files necessary to enable Client's usage rights granted herein. Designer retains the rights to display all work created by Designer for this project, including preliminary designs and final Deliverables, in Designer's portfolios, including in print and online, and to submit such work to design periodicals and competitions, provided that no confidential information is revealed thereby. Client hereby grants to Designer a nonexclusive, nontransferable license to use, reproduce, modify, display, and publish the Client Content solely in connection with Designer's performance of the Services. 7. Credit Lines Copyright Notice & Authorship Credit All "Designer Creative Content" reused outside of finished art provided by designer, in whole or in part, must show a copyright notice in close proximity to the work. i.e. V (year) Goldstreet Designs." 7.5 Editorials The Designer and any other creators shall receive a credit line with any editorial usage. • On every page of the publication in which GSDA work appears, the following credit must be placed ("year" refers to the copyright year of the GSDA material you wish to publish): © (year) Goldstreet Design Agency, Inc. Used with permission. • In all resources/bibliography listings, full citation of the activity title, book title, publication date, and page numbers must appear. • On the sponsor's/contributor's page and in any website listings, the following information must appear: Goldstreet Design Agency, Inc 1-866-742-8287 (toll-free) 0nfo@goldstreetdesigns.com www.goldstreetdesigns.com • In the acknowledgments, please thank Goldstreet Design Agency, Inc for content contributions. 8. Releases The Client shall indemnify the Designer against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release. 9. Modifications Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work. 10. Alterations WWW.GOLDSTREETDESIGNS.COM 866.742.8287 / P.O. BOX 1972 BEND, OR 97709 a DGOLDSTREET PROPOSAL The gold standard of utility outreach Any electronic alteration of artwork or graphic design comprising the Designer's work products (color shift, mirroring, flopping, combination cut and paste, deletion) is prohibited without the express permission of the Designer. The Designer will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly. 12. Warranty of Originality The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained consistent with the rights granted to Client herein; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that the consent to use has been obtained consistent with the rights granted to Client herein, that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer's product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client's use of the Designer's product to the extent such use infringes on the rights of others. 13. Limitation of Liability Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer's failure to perform any aspect of the Project in a timely manner, regardless of whether sum failure was caused by intentional or negligent acts or omissions of the Designer or a third party. Furthermore, the Designer disclaims all implied warranties, including the warranty of merchantability and fitness for a particular purpose. Client shall be responsible for all compliance with laws or government rules or regulations applicable to Client's final product(s). To the extent the Deliverables include any word, symbol, logo, or other content used to designate Client as the source of goods or services ("Trademarks"), Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save, and hold harmless Designer from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client's failure to obtain trademark clearance or permissions, for use of Trademarks. The maximum liability of Designer to Client for damages for any and all causes whatsoever, and Client's maximum remedy, regardless of the form of action, shall be limited to an amount equal to the total fees paid by Client to Designer hereunder. In no event shall Designer be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Services, even if Designer has been advised of the possibility of sum damages. 14. Dispute Resolution Any disputes in excess of $5,000 arising out of this Agreement shall be submitted to mediation. If mediation is not successful in resolving the dispute, the parties may by mutual consent submit the dispute to binding arbitration. The arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of Designer. WWW.GOLDSTREETDESIGNS.COM 866.742.8287 / P.O. BOX 1972 BEND. OR 97709 Kariann Olson From: Greg Hunter Sent: Wednesday, March 07, 2018 8:02 AM To: Kariann Olson Subject: FW: Goldstreet Proposal: Water Quality Report 2018 Attachments: Ashland, City of-Water Quality Report 2018 V2.pdf; Electronic Funds Transfer.pdf; W-9 Tax Form JG Signed.pdf From: John Gross [mailto:john@goldstreetdesigns.com] Sent: Wednesday, February 21, 201811:36 AM To: Greg Hunter - Subject: Goldstreet Proposal: Water Quality Report 2018 Hi Greg, Attached you will find our proposal for completing your 2018 water quality report. Once I have your approval (email response, PO, etc.), I will have Sarah contact you for next steps. I have also included our w9 and payment information for your accounting department to set us up as a vendor. Thank you for your consideration, we are excited to work with you again this year! Kind Regards, John Gross (866) 742-8287 iohnCa~goldstreetdesigns.com Fan Follow S 1 OLOSTREE D E I G N 2 Purchase Order Fiscal Year 2018 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL - B City of Ashland INVOICES, AND SHIPPING DOCUMENTS. L ATTN: Accounts Payable Purchase L 20 E. Main Order# 20181242 Ashland, OR 97520 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Water Treatment Plant E GOLDSTREET DESIGN AGENCY INC I 90 North Mountain Ave N PO BOX 1972 P Ashland, OR 97520 D BEND, OR 97709-1972 Phone: 541/488-5345 O T Fax: 541/552-2329 R 0. NumG~ -Vendor Fax Number -'Requisition Number- - - =Reference~~-, =Mndor P_ hone Gre Hunter Date Ordered Number ❑ate Esquire Frei htMat _ = epartmen lea - - 03/07/2018 1005 FOB ASHLAND OR/NET30 City Accounts Payable Uhl P MEW ( - rice: Item# - Descri oo 00 Design Services 1 Design and print consumer confidence report 1 EACH $540.0800 $540.08 Contract for Goods and Services Small Procurement Less than $5,000 Beginning date: 02/21/2018 Completion date: 03/10/2018 Project Account: GL SUMMARY 081800 - 604100 $540.08 1 B- Date: t ~Aut orize nature -P0 Total $540.08 ' FORM #3 t~ CITY OF ASHLAND REQUISITION, r-1~Dafeofrequest: , 3-5=18 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 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 -(Attach copy of council communication) 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 El Less than $35,000,bY direct appointment El Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) El Form #4; Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost f , DESIGN AND PRINT CONSUMER CONFIDENCE REPORT x54'0,0`8 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Per attached quotelproposal $ 540:08 Project Number Account Number Account Number Account Number 08.18.00.604100 *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 re7TZ 'rtify that the City's public contracting requirements have been satisfied. Employee: Department Head:G i 200 ' (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