HomeMy WebLinkAbout2015-128 Contract - Moodio Design
CITY OF
ASHLAND INDEPENDENT CONTRACTOR: Moodio Design
20 East Main Street CONTACT: Mark Mularz
Ashland, Oregon 97520
Department: ADDRESS: P.O. Box 1332, Ashland, OR 97520
Telephone: 5411488- TELEPHONE: 541-601-0502 FAX: NIA
PROJECT CAPTION: USE WATER WISELY CAMPAIGN UPDATES
BEGINNING DATE: 04/24/2015 COMPLETION DATE: 11/30/2015
COMPENSATION: $450
GOODS OR SERVICES TO BE PROVIDED:
Revisions and updates to files and/or coordination of production for new product, per attached Exhibit B
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 arc 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, 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 he 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. Contractor certifies the accuracy of the representations in attached Exhibit A.
8. Asbestos Abatement License; I1 required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license.
9. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work.
10. 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.
11. Workers' Compensation Insurance: BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES THAT THE WORK REQUIRED
BY THIS CONTRACT WILL BE PERFORMED SOLELY BY THE UNDERSIGNED AND NOT BY ANY EMPLOYEES,
SUBCONTRACTORS OR VOLUNTEERS SUBJECT TO WORKERS' COMPENSATION COVERAGE UNDER ORS 656.017: ' f M
12. Liability Insurance. Contractor shall at its own expense provide the following insurance:
a. General Liability insurance with a combined single limit, or the equivalent, of not less than $0 for each occurrence for Bodily Injury and
Property Damage.
b. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $0 for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. ~ c
13. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon.
14. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE 1T-IE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO
WAIVER, CONSENT OR MODIFICATION OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND
SIGNED BY BOTH PARTIES. IN THE EVENT OF CONFLICTS OR DISCREPANCIES AMONG CONTRACT DOCUMENTS, THIS
STANDARD FORM 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 SIGNED DOCUMENT.
Contractor: City of Ashland:
By =7Z By
Signature Signature
Print Name Print Name
Title Date ~80
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No.
Page 1 of 2 Contract for Goods and Services - Small Procurement Less than $5,000 - LR Revised 2-13-15
EXHIBIT A
CERTIEIC.4TIONS?REPRESENTATIONS: Contractor, under penalty of pPrjury, 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.
oSvZIS
Contractor (Date)
Page 2 of 2 Contract for Goods and Services - Small Procurement Less than $5,000 - LR Revised 2-13-15
Exhibit B
moodiame
This is an estimate. moodio design
mark mularz
541 601 0502
po box 1332
ashland, or 97520
PAUE DATE CLIENT
1 of 1 042115 Mike Faught, City of Ashland
USE WATER WISELY CAMPAIGN UPDATES: $450.00 (6 hours ® $751hr)
Revisions and updates to files and/or coordinate production for new product.
Includes rneetings.rphore/corresporderce.
- 18x24 lawn sign
- water feature
- flower bed signs
- tabletop cards
- towel cards
- bedding cards
- ads (including Sneak Preview, Ashland Directory)
- web graphics
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 third is payable half way through the project and the last
third is invoiced and due 30 says from invoice date.
ACCEPTED BY DATE
Page 1 / 1
CITY OF _
ASHLAND DATE PO NUMBER
20 E MAIN ST. 5/22/2015 12880
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000421 SHIP To: Ashland Public Works
MOODIO DESIGN, MARK MULARZ (DBA) (541) 488-5587
PO BOX 1332 51 WINBURN WAY
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point.-* Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Betsy Harshman
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Use Water Wiselv Campaiqn 450.00
Provide revisions and updates to files
and/or coordinate production for new
product, includinq meetinq and
correspondence.
Contract for Goods and Services - Small
Procurement less than $5,000
Beqinninq date: 04/24/2015
Completion date: 11/30/2015
Con
SUBTOTAL 450.00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 450.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 670.08.15.00.60610 450.00
Authorized Sig a~i ture VENDOR COPY
FORM #3 CITY OF
~S H LAN D
REQUISITION Date of request: 05/08/2015
Required date for delivery:
Vendor Name Moodio Design
Address, City, State, Zip P.O. Box 1332, Ashland, OR 97520
Contact Name & Telephone Number Mark Mularz, 541-601-0502
Fax Number N/A
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
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
® Direct Award Date approved by Council: 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
® 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 $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Use Water Wisely Campaign - provide revisions and updates to files and/or coordinate Not to exceed $450.00
production for new product, including meeting/correspondences.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
® Per attached quotelproposal $
Project Number Account Number Account NumberO_0-6I-i_~_)-!~u'-( 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: Department Head:
/ (Equal to or gre er 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