HomeMy WebLinkAbout2018-080 Get Rico Designs 20181372 Contract for GOODS AND SERVICES Small Procurement Less than$5,000
CITY OF INDEPENDENT CONTRACTOR:Get Rico Design
ASHLAND CONTACT: Rick Saul
20 East Main Street ADDRESS: 263 Meadow Drive,Ashland OR 97520
Ashland,Oregon 97520
Telephone: 541/488-6002 TELEPHONE: 541-821-3125
Fax: 541/488-5311 EMAIL: getricodesigns @gmail.com
EFFECTIVE DATE:4/12/2018 COMPLETION DATE: 4/30/2018
COMPENSATION: $500
GOODS AND SERVICES TO BE PROVIDED: The Contractor is creating a new design for the Firewise Plant List for the Rogue Valley trifold brochure.
This includes a full color print ready PDF file and all files associated with the document. The Contractor will meet with Ashland Fire&Rescue at least 2
times to review the trifold. All other document editing will be done through email.
ADDITIONAL TERMS:
In the event of a conflict or discrepancy among the Contract Documents,this City of Ashland Contract will be primary and take precedence,and any
exhibits or ancillary agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the
said primary 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 2796.220,279B.225,279B.230,2798.235,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:
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. Not Applicable
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. Not 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.
16. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
17. Consultant's compliance with Oregon Tax Law:
(1) Consultant represents and warrants to the City that Consultant shall,throughout the term of this Agreement, including any extensions hereof,
comply with:
(i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and
(iii) Any rules, regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions.
(2)Consultant represents and warrants that,for a period of no fewer than six(6)calendar years'preceding the Effective Date of this Agreement,it has
complied with:
(i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and
(iii) Any rules, regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions.
Revised 10-28-14 Page 1 of 3
Contractor: City of Ashland:
By 4-1Z 4y` By
Signature P:
Eck Sa vL
Print Name Print Name
(_.O W-`R. L-j 0 g
Title Date l 3 7
(W-9 is to be submitted with the signed contract.) Purchase Order No.
APPROV DAST• FORM
--
•shiand Asst.City Attorney
EXHIBIT A Date 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) I 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) 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.
Contractor (Date)
Revised 10-28-14 Page 2 of 3
• EXHIBIT B
CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS
•
Contractor is exempt from the requirement to obtain workers compensation insurance under
ORS Chapter 656 for the following reason. Contractor is to initial the appropriate box as
follows:
SOLE PROPRIETOR
(Initials) • Contractor is a sole proprietor, and
• Contractor has no employees, and
• Contractor will not hire employees or subcontractors to perform this contract.
CORPORATION - FOR PROFIT
(Initials) • Contractor's business is incorporated; and
• All employees of the corporation are officers and directors and have a substantial ownership
interest*in the corporation, and
• All work will be performed by the officers and directors; Contractor will not hire other employees
or subcontractors to perform this contract.
CORPORATION - NONPROFIT
(Initials) • Contractor's business is incorporated as a nonprofit corporation, and
• Contractor has no employees; all work is performed by volunteers, and
• Contractor will not hire employees or subcontractors to perform this contract.
PARTNERSHIP
(Initials) • Contractor is a partnership, and
• Contractor has no employees, and
• All work will be performed by the partners; Contractor will not hire employees or subcontractors
to perform this contract, and
• Contractor is not engaged in work performed in direct connection with the construction,
alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.**
LIMITED LIABILITY COMPANY
(Initials) • Contractor is a limited liability company, and
• Contractor has no employees, and
• All work will be performed by the members; Contractor will not hire employees or subcontractors
to perform this contract, and
• If Contractor has more than one member, Contractor is not engaged in work performed in
direct connection with the construction, alteration, repair, improvement, moving or demolition
of an improvement to real property or appurtenances thereto.**
(Signature of Authorized Signer) (Date)
(Signer'sTitle
*NOTE: Under OAR436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10%
of the corporation, or if less than 10%is owned, the shareholder has ownership that is at least equal to or
greater than the average percentage of ownership of all shareholders.
**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption
even when performing construction work. The requirements for this exemption are complicated. Consult with
City Attorney's Office before an exemption request is accepted from a contractor who will perform
construction work.
Revised 10-28-14 Page 3 of 3
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rico
designs
Invoice
Client: Ashland Firewise Planting Brochure Date: 06-26-2018
Address: Fire Station #1 - 455 Siskiyou Blvd. Invoice # 7-01-2 62618
Ashland, OR 97520 Due Date: 7-01-2018
Contact: Alison Lerch Make check payable to:
541-552-2231 I alison.lerch @ashland.or.us
Get Rico Designs
Project Amount
Design a trifold brochure $500.00
Topic: Firewise planting specifications
Included:
Gathering assets
Design layout
Editing
Prepare & package document for print
Total Due $500.00
Thank You
541-821-3125 I getricodesigns @gmail.com I getrico.design
263 Meadow Dr. Ashland OR 97520
rico
designs
Firewise Brochure Design Proposal
Clients: City of Ashland - Ashland Fire Department
Contacts: Alison Lerch
Project: Brochure Design; Firewise Plant Identification Brochure
Date: 4-18-18
Designer: Richard Saul
Deliverables - A new design for a four color, 8.5" x 1 1 " tri-fold, two sided brochure with a full
bleed. You'll receive a print ready PDF file (CMYK color, high resolution). You'll also receive the
native Adobe Illustrator and/or InDesign files, including new and updated graphic illustrations.
Time Line: Deliver print ready files to Alison Lerch (date to be determined).
Consultations: Meeting frequently during the design process helps to streamline production
in order to meet deadlines. The designer requests multiple meetings during the project time
line. During the first meeting the designer will collect necessary assets such as the copy,
images, font and color pallets. In the second meeting the designer will present a draft layout
for feedback and direction. We'll review the brochure design and make final edits during the
third meeting. The designer agrees to, and welcomes additional meetings as needed for a
successful outcome.
Printing: The designer is not responsible for printing, but will provide client with all print ready
files.
Base Design Fee: $350.
Additional fees may be necessary depending on the number of edit requests. Design fee will
not exceed $500.
Thank you for the opportunity to submit this proposal.
Sincerely,
Rick Saul
263 Meadow Dr. Ashland OR 97520
541-821-3125 I getricodesigns @gmail.com l getrico.design
P 77
Purchase Order
rim Fiscal Year 2018 Page: 1 of: 1
B City of Ashland
I ATTN: Accounts Payable Purchase
L L 20 E. Main
Ashland, OR 97520 Order# 2 01813 72
T Phone: 541/552-2010
O Email: payable @ashland.or.us
✓ H C/O Fire and Rescue Department
E GET RICO DESIGNS I 455 Siskiyou Blvd
N 263 MEADOW DR p Ashland, OR 97520
0, ASHLAND, OR 97520 Phone: 541/482-2770
R
T Fax: 541/488-5318
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Firewise Trifold Brochure
1 Design a trifold brochure 1 $500.0000 $500.00
Firewise planting specifications
Contract for Goods and Services Small Procurement Less than
$5,000
Completion date: 04/30/2018
Project Account: E-000518-999
GL SUMMARY****** * ******
072900-610355 $500.00
•
B . r Date: 7 I t( C1
A • oriz-d Signature1 $500.00
I.
FORM #3
c (e 61 CITY OF
. ( SHLAND
f.�. -_ a
REQUISITION D.te of request: 06/27/2018
Vendor Name Get Rico Designs
Address,City,State,Zip 263 Meadow Drive,Ashland OR 97520 e/ " f
Contact Name Rick Saul r ,--
Telephone Number 541-821-3125 V
4 Or
Email address /
getricodesigns a(�gmail.com
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 copy of council communication) (If council approval required,attach copy of CC)
❑ Small Procurement Cooperative Procurement
Less than$5,000
Ill Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council:_, , Contract#
El VerbalNVritten 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$5K to$75K Contract#
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to$75,000 ❑ Form#9, Request for Approval ❑ Agency
1=1 Less q proposal Less than$35,000,by direct appointment Written quote or attached
Date original contract approved by Council:
)
t
ae
❑ (3)Written proposals/written solicitation Date approved by Council: _(Attach copy of council communication)
❑ Form#4, Personal Services$5K to$75K Valid until: (Date)
Description of SERVICES Total Cost
Firewise Trifold Brochure
$ 500.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
❑ Per attached quote/proposal TOTAL COST
Expenditure must he charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
Project Number 000518 - _ _ Account Number 072900 . 610355 $ 500.00 _ _ -
Project Number -— _ _ Account Number - $_,_ _ _,_ _ _•_
Project Number -_ — _ Account Number - $_,_ _ _,_ _ _•_ _
IT Director in collaboration with department to approve all hardware and software purchases:
By signing this requisition form,I c *that th City's public contracting requirements have been satisfied. IT Director Date Support-Yes/No
9?Employee: i 1 Department Head:
`_. `' (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 or greater than$5,000) Date
Comments:
Form#3-Requisition