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HomeMy WebLinkAbout2021-070 PO 20220224- Studio Fuwafuwa LLC sprA Purchase Order ,ar Fiscal Year 2022 Page: 1 of: 1 CITY r:CQ{ :LEd �1g4E:Z g. LSJI°II"1 'ieil-'1&. gi7421a41 B City of Ashland ' — y _ ATTN:Accounts Payable20 E. Main Purchase L Ashland, OR 97520 Order# 20220224 T Phone: 541/552-2010 • O Email: payable@ashland.or.us ✓ S C/O Parks Department E STUDIO FUWAFUWA, LLC FI Admin Office N PO BOX 103I 340 South Pioneer D P Ashland, OR 97520 R •MEDFORD, OR 97501 T Phone: 541/488-5340 O Fax: 541/488-5314 • ro24: 1: 1,`!*we �_�" tl I� Ls#laLilYC==F_'e'iiE3(ai zlai _ _ Dorinda Cottle • a]=6 1 3 eI_Ir-r 2,-=2 Via= 671@.11a l'dl 11.1eTrSLI eoF-==_ = =t f.-e = -- 1 I 8-J 31 i'`daj2-11!615 F_- 12/17/2021 2366 _ FOB ASHLAND OR/NET30 Parks Accounts Payable -- 12, e eeI'ie s.e=r — — - '-- - —t-= z� =l1 aE ,_.. a ��5!-iv,���.�,VI [31�!e�' _ Graphic Design APRC PlayGuides 1 Graphic design and page layout of three seasonal/annual APRC 1.0 $4,500.00 $4,500.00 PlayGuides, Page layout and design of 3 PlayGuides, 15 pages/ guide, 45 pages at$100.00 per page. Personal Services Agreement($35,000 or Less) Completion date: August 31, 2022 Project Account: - Project Account: *************** GL SUMMARY*************** 12090 -606100 $450.00 125300-606100 $4,050.00 • • \�` 3c. By: .�t1 rill. Date: �Z-z� • Autho ize• Signature �_ C ♦ j _-__` '.4 500.00 FORM#3 4 CITY OF 1D 1 D S LAN . REQUISITION ' i Date of request: 10/291202/ Required date for delivery: Vendor Name Studio FuwaFuwa • Address,City,State,Zip '27 Summit Ave,Medford,OR 97501 (P0 Box 103) Contact Name&Telephone Number Jeremy Holmes,541.301.5685 Email address • jeremy@studiofuwafuwa.com • SOURCING METHOD j ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergencv ❑ Reason for exemption:" Date approved by Council:_ 0 Form#13,Written findings and Authorization ❑ AMC 2.50 • (Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ Stale of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Repuestfor Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# • (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(f1.5,6,7 orb) Contract# Greater than$5,000 and less Than$100,000 0 Written quote or proposal attached Intergovernmental Agreement. ❑ (3)Written bids&solicitation attached 0•Form-#4,Personal Services$51<to$75K Agency PERSONAL SERVICES Date approved by Council:_ 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: '(Date) Agreement approved by Legal and approved/signed by © Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council MI Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: , Valid until: (Date) Description of SERVICES Total Cost :a Graphic design and page layout of three seasonal/annual APRC PlayGuides ‘?_;:`• 1 ••4500.0$:` - ^:y. ,-z- Item# Quantity Unit Description of MATERIALS Unit Price Total Cost t 45 page Page layout and design of 3 PlayGuides,15 pages/guide 100.00 4500.00 f i 1 Q Per attached quote/proposal =°••TOTA L�COST Project Number __ Account Number 1 2 0 9 0 0.6 0 8 1 0 0 10%,$450.00 :f.45001:0,:•:,:• : Account-Number - Account Number 1 2 5 3 0 1. 6 0 s 1 0 0 90%,$405100 I *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. • k 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. / //�� �d� i • Employee: �82G,rtela, ( �9- Department -=d• - ^+t�'`"�-�T "'' S ` (Equal to. 3 ,.t:.than$5,000) Department Manager/Supervisor: City Manager: �.t , \� — (Equal to or greater than$25,000) a Funds appropriated for current fiscal year; YES/NO Finance Director-(Equal to or greater than$5,000) Date I Comments: • t i. Form#3-Requislfion• • • memo TO; Gary • an,City of Ash :nd Interim City Manager FRO orinda Cottle, APRC 'xecutive Analyst DA :11/03/2021 RE: '' < . -::-r ignature Needed for Contract with Studio FuwaFuwa • -Background: For several years,APRC has entered into a yearly contract With Studio FuwaFuwa to help staff with the design and layout ofAPRC's seasonal PlayGuides. Other Relevant Information: APRC produces three(3)guides per year: WinterSpring, Summer and Fall. The guides in the proposed contract are as follows: • WinterSpring 2022 • Fa112022 • Summer 2022 Due to a number of factor s, the PlayGuides have been reduced in size by 50%, and the lower contract amount is reflected. • Insurance waived or reduced: APRC is requesting that all insurance requirements be waived. The work is minimal, under 5K, and all work is done online. • • • CITY OF ASHLAND • 20 East Main Street Tet:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 • www.ashlatd.or.us TTY: 800-735-2900 ,I • PERSONAL SERVICES AGREEMENT ($35,000 OR LESS) CONSULTANT: Studio Fuwa Fuwa CITY OF ADDRESS: PO Box 103, 27 Summit Ave, ASHLAND Medford, OR 97501 20 East Main Street Ashland,Oregon 97520 TELEPHONE: 541/301-5685 Telephone: 541/488-5340 EMAIL:jeremy@studiofuwafuwa.com This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Studio FuwaFuwa, a Domestic Limited Liability Company ("hereinafter "Consultant"), for layout and design assistance for three (3) seasonal/annual APRC(Ashland Parks&Recreation Commission)PlayGuides. NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: j. 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,but not later than August 31, 2022. jt 2. Scope of Work: Consultant will provide layout and design assistance for three(3)seasonal/annual APRC PlayGuides, as more fully set forth in the Consultant's Proposal dated October 29,2021,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Exhibits; Conflicting Provisions: This Agreement and any exhibits or other supporting'documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. • 4. All Costs Borne by Consultant: Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement.now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service 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. • Page 1 of& PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND STUDIO FUWAFUWA 6. Compensation: City shall pay Consultant the sum of$100.00 per page design/layout(one hundred dollars)as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$4,500 (four thousand five hundred dollars)without the express, written approval from the City official whose signature appears below,or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of'Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$22,310.46 or more,Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify,save,and hold City, its officers, employees,and agents harmless from any and all losses,claims,actions, costs,expenses,judgments, or other damages resulting from injury to any person (including injury resulting in death),or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of.this Agreement by Consultant(including but not limited to, Consultant's employees, agents,and others designated by Consultant to perform Work or services attendant to this Agreement). However,Consultant shall not be held responsible for any losses,expenses,actions,costs,or other damages,caused solely by the gross negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30)days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,in whole or in part, effective upon delivery of written notice to Consultant,or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; • ii. If federal or state regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND STUDIO FUWAFUWA • I Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked,suspended,or not renewed. d. For Default or Breach. - i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15)days of the date of the notice,or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by'a written notice of termination by the party giving notice. ii. time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within'any extension thereof. iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided,by law or under this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor arid not an employee of the City for any purpose. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work_ without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. • G fes• ' 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty,certification,or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors;or ceases doing business on a regular basis of the type identified in its obligations under the Agreement;or attempts to assign rights in,or delegate duties under,this Agreement. 15. , • . . .. - - - - • • • e - • -. - - • . . ' •. - • -- - - - • - -. Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND STUDIO FUWAFUWA • • • . . • . . ' - . . • • , - _.• . . , •et-leas-than ®A.0 G• • t - \ ' - -. ', :.. ; • f . .. .. . tho Consultant or its insurcr(s)to the City. Initial: ' 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color,religion, creed,sex,marital status,familial status or domestic partnership,national origin,age,mental or physical disability, sexual orientation,gender identity or source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business,a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 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. - 17.1.2 Consultant, for a period of no fewer than six(6)calendar years preceding the Effective_Date of this Agreement,has faithfully complied with: (i) All tax Iaws 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 Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND STUDIO FUWAFUWA 1 (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for Iitigation of any action arising under this Agreement shall be in the Circuit Court.of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue. 19. Notice. Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery, by sending via,a reputable commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid,or by electronically confirmed at the address or facsimile number set forth below: If.to the City: APRC Attn:Dorinda Cottle t dorinda.cottle@lashland.or.us 1541.488.5340 340 Pioneer St Ashland,Oregon 97520 With a copy to: City of Ashland-Legal Department 20 East Main Street Ashland,Oregon 97520 • If to Consultant: Studio FuwaFuwa • PO Box 103, 27 Summit Ave Medford, OR 97501 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. • 21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS,OR REPRESENTATIONS,EITHER ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 22. Certification. Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated herein by this reference. Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND STUDIO FUWAFUW A IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CIT OF ASHLAND: J STUDIO FU � FU (CONSULTANT): r By: 1� By: :j L Signature it Signature Printed Name Printed Name C.rt1Nat- VN) -(vM P -,11J16,,,0 U eiZ Title Title ,\YA�� �1fZ�jz� Date Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) • Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND STUDIO FUWAFUWA EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon,and Consultant has checked four or more of the following criteria that apply to its business. ) (I) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of y the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. hC (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) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties,errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided, Cons i t.nt's signature \\ 0 • < Date 1 r i• Page l of]: EXHIBIT C 1 EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAGE • below must comply with City of Ashland laws regulating .a ment of a livin. wa.e. $15.96 per hour, effective June 30, 2021. F ,a The.Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their 401K and IRS eligible iv i n g wage: employer,if the employer has cafeteria plans(includingl . ten or more employees,and childcare)benefits to the • has received financial ' amount of wages received by assistance for the project or the employee. > For all hours worked under a business from the City of service contract between their Ashland in excess of > Note: For temporary and employer and the City of $22,310.46. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$22,310.46 or more. 9 If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For 9. For all hours worked in a' and Recreation Department. mare details,please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care,retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,20 East Main Street,Ashland,OR 97520,or visit the City's website at.www.ashland.or.us. \Notice to Employers:This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page I of I: EXHIBITB