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HomeMy WebLinkAbout2021-185 PO 20210308- Payne, Gregg • Purchase Order rift • Fiscal Year 2021 Page: 1 of: 1 • f �r d ;1 SFJ F7Yi�I 16 i� !a �1 E 1 _r` / ! �.d- YG�411/1�EFfi B City of Ashland _� -- I ATTN:Accounts Payable Purchase L 20 E.Main • Order# 20210308 Ashland, OR 97520 T Phone:541/552-2010 O Email: payable@ashland.or.us V - H C/O Fire and Rescue Department EPAYNE, GREGG I 455 Siskiyou Blvd 7491 HIGHWAY 238 p Ashland, OR 97520 0 JACKSONVILLE, OR 97530 Phone: 541/482-2770 R - T Fax: 541/488-5318 • F - =1 vwdLi.pi-fi VIgi to .' R RI � -moi ID - --='`fllli_!''m�_!I=!e=1 Chris Chambers rs&'cTE!_!:-i rami,=![i6!a, ! omme, !! I MEzitTi ii !i_i e i L— = i .r !i�!l i11mT-, 03/26/2021 6031 City Accounts Payable -. -- - "alt-Szr.- €11=! �—_eMG Mil �'�rsTo Smokewise Logo Development • 1 Logo identity development for Smokewise Ashland for public 1.0 $1,000.00 $1,000.00 awareness campaign including artwork for print and web design. Services Agreement(Less than$25,000) Completion date: 05/31/2021 . Project Account: E-000001-999 *AAAA**AA**AA**GL SUMMARY*************** • • 075100-610355 $1,000.00 • • • . r • 7 /1 By: 4Date �/ � //G. a • ythorized Signature F 11 000.00 , Koil VG? A.e u--Z4 Y - FORM#3 _ , CITY OF. A rvilliot�;i�foe 1.1 1'i.lt'i:l)l,�.0;i „ ,o �( D �j .,:ie ASHLAND REQUISITION Date of request: • 03/1912021 ' Required date for delivery: • 03125/2021 Vendor Name Gregg Payne Art&Design Address,City,State,Zip 7491 Highway 238,Jacksonville OR 97630 Contact Name&Telephone NumberGregg Payne •, • Email address - . greggpayne@mac.com SOURCING METHOD 0 Exempt from Competitive Bidding , D invitation to Bid 0 f:mereency • ❑ Reason for exemption: Date approved by Council:_ ❑ Form 1113,Written findings Authorization ❑ AMC 2.50 _(Attach copy of'council communication) ❑ Written quote-or proposal attached ❑ Written quote or proposal attached ,_:,(If council approval required,attach copy of CC) ❑ Small Procurement ;` ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 .. `'Dale approved by Council: ❑ State of Oregon • O Direct Award (Attach copy of council communication) ' Contract# • . O VerbatfjNritten bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington , Date approved by Council•_ Contract!! _(Attach copy of council communication) ❑ Other government agency contract intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(115,6,7 or 8) Contract!! Greater than$5,000 endless than$100,000 0 Written quote or proposal attached intergovernmental Agreement ❑ (3)Written bids&solicitation attached ' • •❑ Form#4,Personal Services$5K 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 Val101i1: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement qy Administrator.AMC 2.60.070(4) ID (3)Written proposals&solicitation attached 0 Form#9,Request for Approval Annual cost to Cily exceeds$25,000,Council j D Form 114,Personal Services$61(to$76K 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 . Logo Identity development for Smokewsle Ashland for public awareness campaignincluding artwork . . . • ' for.print and web design. 1,000..00,. , Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 1?-iv461 ' , 6/ seY . . • I] Per attached quotelprop?C (1 1' TOTAL•COST, Project Number e 0 0 0 0 . 4 0 0' Account Number•0.7 6 1 0 0.9 1 0 3 6 8 00� 00 Account Number Account Number - • 'Expenditure must be charged to(he 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 Dale Support-Yes/No By signing this requlsflion form,i certify that the City's public contracting requirements have been satisfied. Employee: Department Head: Chris Chambers r~='~:`•�s` (Equal to or greater then$5,000) Department ManagerlSupervlsor: �.W`� city t�agL�� mai l r greater than$25,000) Funds appropriated for current fiscal year: Y,8'1'lf0 — � Finan a Director-(Equal to orOreater an 55, 0 Dale - Comments: Form 113-Requisition ' SERVICES AGREEMENT(LESS THAN$25,000) • PROVIDER: Gregg Payne Art&Design C K T Y O PROVIDER'S CONTACT: ASHLAND 20 East Main Street EMAIL: greggpavne cr,mac,com Ashland,Oregon 97520 Telephone: 541/488-5587 ADDRESS: 7491 Highway 238,Jacksonville, OR 97530 Fax: 541/488-6006 PHONE: (530)2283399 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City")and Gregg Payne Art&Design,a domestic sole proprietorship )("hereinafter"Provider"),for graphic design and branding identity.work, 1. PROVIDER'S OBLIGATIONS 1,1 Provide logo identity' design development for Smokewise Ashland public awareness campaigns; including artwork for print and web use, as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by this reference,incorporated herein, Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in.the same manner as herein provided for authority to exceed the maximum compensation, The services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work," • 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than$t(4043700e4twe milliermtaftStriper occurrence for Bodily Injury and Property Damage, (Ont-4/1";02.) //.BOO,OW 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or. Commercial General Liability; including personal injury, contractual liability,and products/completed operations coverage;, and • Automobile Liability, N'o etlite9 J r u.1 re%144)(f(2, anh) i sgrev17C..e, -� 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a "claims made" form and ` shall: 't • Name as additional insured "the City of Ashland, Oregon, its officers, .agents and employees" with respect to claims arising out of the provision of Work under this • Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together,they provide total coverage from the first dollar of liability; " • Provider shall immediately notify the City of any change in insurance coverage • • Provider shall supply an endorsement naming the City,its officers, employees and agents ' as additional insureds by the Effective Date of this Agreement; and Page r of 6: Agreement between the City of Ashland and Gregg Payne Art&Design • • Be evidenced by a certificate or certificates of such insurance approved by the City. 1,3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with OILS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject employees, 1.4 Provider 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 this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Provider 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. i r 1,5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under, a subcontract, including procurements of materials, or leases of equipment,' each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirement. If the amount of this Agreement is$21,507.75 or more,Provider is required to comply with Chapter 3.12 oftheAshland 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, Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$1000.00 as provided herein as full compensation for the Work as specified in the SUPPORTING-DOCUMENTS, 2,2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of one-thousand dollars without express,written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would'cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any'Work delivered or expenses incurred without authorization as provided herein is done at Provider's own,risk and as a volunteer without expectation of compensation or reimbursement, 3, GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement, City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion, { 3,2 Provider is an independent contractor and not an employee or agent of the City for any purpose, 3,3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement, Page 2 of 6: Agreement between the City of Ashland and Gregg Payne Art&Design 1 3,4 All Work product or 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, 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject_ matter hereof, It supersedes.all prior agreements,negotiations,and representations between.the parties, whether written or oral, 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement, - 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220,27913.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles, Exclusive venue for litigation 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 shalt 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,and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate, so as to effectuate this choice of venue. 3,8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating.to the activities of Provider or its officers, !! employees,contractors,or agents under this Agreement, 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents, 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth.in this Agreement, 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated 03/17/2021. • 4.2 This Agreement and. the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary 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 SUPPORTING DOCUMENTS, In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be givenprecedence in the order listed in Subsection 4,1. 5. REMEDIES Page 3 of 6; Agreement between the City of Ashland and Gregg Payne Art&Design 5.1 In the event Provider,is in default of this Agreement, City may, at its option, pursue any or all of the remedies available tort under this Agteement.and at law or in equity,including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled - • completion date's or any Work that have been delivered inadequately or defectively; 5,1,3 Initiation of an action or proceeding for damages, specific, performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue • any remedy or remedies singly, collectively, successively or in any order whatsoever, 5,2 In no event shall City.be liable to Provider for any expenses related to termination of this Agreement or : for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay • immediately any excess to City upon written demand provided. 6, TERM AND TERMINATION 6.1 Term This Agreement_shall be effective from the date of execution on behalf of the City as set forth below . (the "Effective Date"), and shall continue in full force and effect until May 31, 2021, unless sooner terminated as provided in Subsection 6.2, 6,2 Termination • 6,2,1 The City and Provider may terminate this Agreement by mutual agreement at any time, 6.2,2 The City may,upon not less than thirty (30) days'prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6,2,3 Either party may terminate this Agreement,with cause, by not less than fourteen(14) days'prior written notice if the cause is not cured within that fourteen(14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity, 7, 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, or by mailing using registered or certified United States mail,•return receipt requested, postage prepaid, to the address set forth below: If to the City: , City of Ashland-Ashland Fire&Rescue Attn: Sara Jones 455 Siskiyou Blvd Ashland,Oregon 97520 Phone; (541) 552-2218 • With a copy ts: City of Ashland---Legal Department 20 E,Main Street Ashland, OR 97520 Phone:(541)488-5350 • • If to Provider: Page 4 of 6: Agreement between the City of Ashland and Gregg Xayne Mt&Design •• • • Attn: Gregg Payne Gregg Payne Art&Design 7491 Highway 238 Jacksonville,OR 97530 Email: greggpayne@mac,com Phone: (530)228..3399 -8. WAIVER OJ BREACH • One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. • 9. PROVIDER'S COMPLIANCE WITH TAX LAWS • 9,1 Provider represents and warrants to the City that: • • 9.1,1 Provider 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; • Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and I. (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider,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 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 Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of • the foregoing tax laws or provisions. • 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision,ofthe State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement.. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this.Agreement,at law,or in equity. • • • • . i Page 5 of 6: Agreement between the City of Ashland and Gregg Payne Art&Design • • 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, • I CITY OF ASHLAND: Gregg Payne Art &Design(PROVIDER): t By: --� Signature • Signature Ralph. Sari/w/o Gregg Payne Printed Name Printed Name Ch1, (hte ' Owner itle • Title V5/ -12C�1-, 3/I8/2021 Date Date • Purchase Order No, . _ _ _ _ (W-9,is to be submitted with this signed Agreement) • r jJ • • • • i • 1 Page 6 of 6: Agreement between the City of Ashland and Gregg Payne Art&Design i , vto \ aa ' GREGG PAY N E ART & DESIGN ('''. -1....11V:;„;':'',. 7491 Hwy .238 Jacksonville OR 97530 ( a`iii F I 3/17/2021 Smokewise logo identity design development. • Explore options to create recognizable mark and colors for use with f P:'!:1 various Smokewise public awareness campaigns. Smokewise logotype and logo mark components for print and web use. Smokewise table tent design ready for print. Formats: Vector art in Adobe Illustrator- and digital PDF's and JPEG's for print, web and fabrication. Estimate of 1 2.5 hours @$80. per hr. $1000. I • i -711 c greggpayne@mac.com greggpayne.com 530 228-3399 } r „ W �� ? � � N4 ntrt ctor mpt rrur a ruqutr m nt t obEu r!wo r pcn t1on n ur c pu u L o•ORS L` t tur 65 for o t rein n Cct �t for is ro witty t the' pru a t+ :bo. a "+ °qtr -0: lit,. : t . +� rrstra;1x et►: ttipir end • C tractor rll of trite i rpl r ai pct ter pertoirm tl ia�afra : ORP tl �rt ;: ' Cwt. �ilrtta�r . 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Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) kas.....'-'-. • 03/19/2021 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 iOn ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER CONTACT Judi Johnson NAME: StateFarm Judi Johnson State Farm Insurance o541-899-1875/PHONE lc.N.Est): (A/C,No): 645 N 5th Street ADDRESS: judi,johnson.cmld@statefarm.com Jacksonville,OR 97530-9659 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURER B Gregg Payne Art&Design INSURER C: 7491 Highway 238 INSURER D: Jacksonville,OR 97530-9139 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. INSR ADDL SUBR POLICY EFF POLICY EXP ' LTR TYPE OF INSURANCE _MD WVD POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYYI LIMITS XCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR, DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 97-CP-S421-2 04/03/2020 04/03/2022 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: , GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC _PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ . OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACHOCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION . PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER • • ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under - DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $ / DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland,OR 97520 AUTHORIZED REPRESENTATIVE Judi Johnson by electronic signature I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • 1001486 132849.12 03-16-2016