HomeMy WebLinkAbout2015-152 Contract - Moodio Design
Contract for GOODS AND SERVICES Small Procurement Less than $5,000
C I T Y OF INDEPENDENT CONTRACTOR: Moodio Me
-ASH LAND CONTACT: Mark Mularz
20 East Main Street ADDRESS: PO Box 1332, Ashland, OR 97520
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-601-0502 EMAI L:mark@moodio.me
BEGINNING DATE: June12, 2015 COMPLETION DATE: Sept 30, 2015
COMPENSATION:$4,425 - Per attached proposal
GOODS AND SERVICES TO BE PROVIDED:
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 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 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: t1 K.
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
Signature Department Head
Print Name Print Name
C~Iti-k f__4 t-a ,
Title Date
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase 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 worts. 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:
1C (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.
Contractor (Date)
Revised 10-28-14 Page 2 of 2
moodiame
This is a proposal. moodio design
mark mularz
541 601 0502
po box 1332
ashland, or 97520
PAGE DATE CLIENT
1 of 1 060815 Adam Hanks, City of Ashland
Each of the following includes time for meetings, phone/correspondence, research, planning, design,
production, refinements, print prep and coordination (where applicable).
BAG BAN CASHIER/FRONT COUNTER MESSAGING - $450.00
Design boutique retail quality graphic and messaging intended to inform customers of Ashland's bag
ban and 10 cent fee on paper bags. It will make it clear that it is a City rule and give the employees
something to point to rather than having to repeat the same lines over and over all day long.
AFN BUSINESS DIRECT MAILING AND ADS - $1875.00
Design direct mail flyer and complimentary ad for Tidings, Sneak Preview and Locals Guide. The
design will complement existing enterprise zone flyer.
COMMERCIAL UTILITY RATE SHEET (TWO VERSIONS) - $750.00
Design a one page summary of all commercial utility rates for Ashland. One version will have the
Commercial SDC rates on the back side, and one version will have residential rates on the back side.
Both versions will have commercial utility rates on the front side. The design will complement existing
enterprise zone flyer.
SDC COMMERCIAL RATE SHEET - $600.00
Design rate sheet to go on the backside of the commercial utility rate sheet..
DEVELOPMENT GUIDE - $750.00
Design a "quick guide" for development in Ashland based on document that has already been
significantly edited. The design will complement the existing enterprise zone flyer.
TOTAL - $4,425
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- Moodie 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 days from invoice date.
ACCEPTED BY DATE
Page 1 / 1
CITY OF
ASHLAND DATE PO NUMBER
IF~ 20 E MAIN ST. 6/11/2015 12919
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000421 SHIP TO: City of Ashland
MOODIO DESIGN, MARK MULARZ (DBA) (541) 488-6002
PO BOX 1332 20 E MAIN STREET
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Ashland, Oregon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Adam Hanks
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Graphic desiqn/art services for Economic 4,425.00
Development marketinq/outreach
materials.
Contract for Goods and Services Small
Procurement Less than $5,000
Beqinninq date: June 12, 2015
Completion date: September 30, 2015
SUBTOTAL 4,425.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 4,425.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 110.01.02.00.60410 4,425.00
L~ -24--
Authorized Signature VENDOR COPY
E F Oj RM #3 CITY OF
ASHLAND
REQUISITION Date of request: 6/9/15
Required date for delivery:
Vendor Name M in Mp.
Address, City, State, Zip PO BOX 1332, Ashland OR 97520
Contact Name & Telephone Number Mark Mularz, 541-601-0502 email mark@moodio.me
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
® Reason for exemption: graphic art ❑ 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
Graphic design/art services for Economic Development marketing/outreach materials $4,425
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $4,425
Project Number _ _ _ _ _ _ - _ _ _ Account Number 110.01.02.00.604100
Account Number___-__-__- 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: 42-14-
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:<< t
(Equal to or greater than $5,000)
Department Manager/Supervisor: _T City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. YES / NO
Finance irector- (Equal to orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition