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HomeMy WebLinkAbout2015-309 Contract - Pure Sound Entertainment Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Pure Sound Entertainment -ASH LAND CONTACT: Hope Smith ` 20 East Main Street ADDRESS: ILIA S. !Aabk W cl77 LQ-'L,'+ C_ Ashland, Oregon 97520 " n Telephone: 541/488-6002 CQn-r• cxx ~O ; 02 G~ 5~ Z Fax: 541/488-5311 TELEPHONE: 541-944-7043 FAX: BEGINNING DATE: 11-2L1-12015 COMPLETION DATE: 11-21-2015 COMPENSATION: Q ~7e20. 00 GOODS AND SERVICES TO BE PROVIDED: DJ and MC service for First Frost Opening Night Event at the Ashland Rotary Centennial Ice Rink. 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: P 3:0V-,, ®UO b. General Liability insurance with a combined single limit, or the equivalent, of of less than $a,A86'B06 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 Si ature Dep rtme t H ad Print Name Print Name Title ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. C J ~C' C f / 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 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. 10 - C or (Date) Revised 10-28-14 Page 2 of 2 PURES-1 OP ID: DR A °a CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD[MY) 129!2015 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Phone: 541-779-0177 NAME: insurance Marktplace, Inc. :1998 Skypark Dr Suite 100 Fax: FAX 772-8235 PHONE N f Ext : AJC, No Medford, OR 97504 E-MAIL R. Scott Weaver, CIC ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL q to IAS) INSURER A : RLI (mail INSURED Pure Sound Entertainment INSURER B: Hope Caster 148 S. Haskell #C INSURER C Central Point, OR 97502 INSURER D INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR TYPE OF INSURANCE ADL UBR _PMOLICY EFF i POLICY EXP LIMITS LTR WV. POLICY NUMBER M/DDIYYYY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 300,00 A COMMERCIAL GENERAL LIABILITY X IBOP1021592 10126/2015 1012612016 PRE RENTED 50,0_0_ PREMISES (Ea occurrence $ _ CLAIMS-MADE. El OCCUR MED EXP (Any one person) $ 5,44 X i Business Owners PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE i~$ 600,04 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGO L$ mm - .I POLICY PRO- - LOC - JECT ~j AUTOMOBILE LIABILITY !i COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED ROPERTnt)AMAGE $ HIRED AUTOS AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE! AGGREGATE $ DEO RETENTION$ $ WORKERS COMPENSATION WRY. LM~T_$Y AND EMPLOYERS' LIABILITY 11 ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT [ $ OFFICERIMEMBER EXCLUDED? 71 'NIA I (Mandatory in NH) } I E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below I E. L. DISEASE -POLICY LIMIT $ , PROPERTY 6,08 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) add'1 insd per attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland, OR 97520 AUTHORIZED REPRESENTATIVE R. Scott Weaver, CIC C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD Policy Number: BOP1021592 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modes insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section 11 - Liability is amended as follows: This insurance does not apply to: A. The following is added to Paragraph C. Who Is An 1. Any "occurrence" that takes place after you cease Insured: to be a tenant in the premises described in the Schedule. 3. The person(s) or organization(s) shown in the Schedule is also an additional insured, but only 2. Structural alterations, new construction or demo- with respect to liability arising out of the owner- iition operations performed by or for the person(s) ship, maintenance or use of that part of the prem- or organization(s) designated in the Schedule. ises leased to you and shown in the Schedule. C. With respect to the insurance afforded to these addi- However: tonal insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of a. The insurance afforded to such additional Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is re- law; and quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount b. If coverage provided to the additional insured of insurance: is required by a contract or agreement, the insurance afforded to such additional insured 1. Required by the contract or agreement; or will not be broader than that which you are required by the contract or agreement to 2. Available under the applicable Limits Of provide for such additional insured. Insurance shown In the Declarations; B. With respect to the insurance afforded to these whichever is less. additional Insureds the following additional exclusions apply: This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations, SCHEDULE Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): City Of Ashland 20 East Main St Ashland, OR 97520 BP 04 02 07 13 @ insurance Services Office, Inc., 2012 Page 1 of 2 Policy Number: BOP1021592 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modes insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section li Liability is amended as follows: This insurance does not apply to: A. The following is added to Paragraph C. Who Is An 1. Any "occurrence" that takes place after you cease Insured: to be a tenant in the premises described in the Schedule. 3. The person(s) or organization(s) shown in the Schedule is also an additional insured, but only 2. Structural alterations, new construction or demo- with respect to liability arising out of the owner- lition operations performed by or for the person(s) ship, maintenance or use of that part of the prem- or organization(s) designated in the Schedule. ises leased to you and shown in the Schedule. C. With respect to the insurance afforded to these addi- However: tional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of a. The insurance afforded to such additional Insurance: insured only applies to the extent permitted by if coverage provided to the additional insured is re- law; and quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount b. If coverage provided to the additional insured of insurance: is required by a contract or agreement, the insurance afforded to such additional insured 1. Required by the contract or agreement; or will not be broader than that which you are required by the contract or agreement to 2. Available under the applicable Limits Of provide for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds the following additional exclusions apply: This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. SCHEDULE Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): City Of Ashland 20 East Main St Ashland, OR 97520 BP 04 02 0713 © Insurance Services Office, Inc., 2012 Page 1 of 2 Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 11/6/2015 00514 (541) 488-5300 VENDOR: 004343 SHIP TO: DJ HOPE PURE SOUND ENTERTAINMENT LLC 148 S HASKELL ST UNIT C CENTRAL POINT, OR 97502 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: LOnnV Flora Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price DJ / MC Service for Ice Rink Openinq 420.00 Event Contract for Goods and Services Small Procurement Less than $5,000 Beqinninq date: 11/21/2015 Completion date: 11/21/2015 SUBTOTAL 420.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 420.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.03.02.60691 E 000007.999 420.00 i ~ m Auth ized Signature VENDOR COPY FORM #3 '~c - CITY OF ASHLAND REQUISITION Date of request: / 61 -/'9 Required date for delivery: Vendor Name 6 ~C[ WV 64" 64 Address, City, State, Zip p J1 f ~lyl / 7j~0 _ Contact Name & Telephone Number NDr F S rh; f S "-(I W11- 70q 3' Fax Number Yt-l d 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 Date El Request for Proposal (Copies on file) [I State of Oregon Direct Award approve by Council: Contract # ❑ Verbal/Written 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 ❑ 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 - (Attach copy of council communication) Description of SERVICES Total Cost 03 11gG 5; ewYl1cC v4- )'(,f r- f,Jk 0 Pe,4-Z ;r7 3 r--/~}- $ 4107.D Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number l2L>Ce07- 3953 Account Numberwl f - -PR- al c jY 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: lT Director Date Support -Yes/ No By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal to or greater than $5,000) Department ManagerlSupeNl 'a 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