HomeMy WebLinkAbout2011-031 Contract - Darren Campbell
Contract for PERSONAL SERVICES less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland. Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Darren Campbell
CONTACT: Same as Above
ADDRESS: 975 East Main St.
Ashland. OR 97520
TELEPHONE: (541) 531-5641
DATE AGREEMENT PREPARED:
February 24. 2011
BEGINNING DATE: March 1. 2011
COMPENSATION: Up to $3.675
FAX: Darren<alcoldstreamcreative.com
COMPLETION DATE: June 30. 2011
SERVICES TO BE PROVIDED: Videography and Video Production for Ashland Forest Resiliency Project (see
attached exhibit __for more detail).
...
ADDITIONAL TERMS: All video footage taken while working on this project with the City of Ashland will be
property of the City of Ashland in perpetuity. The contractor may request use of the footage for non-City
purposes in writing to the City of Ashland describing the exact footage proposed for use and purpose for use
of the footage. The City may approve use of the footage at its discretion. At the end of the contract. the
footage will be transferred to the City on a storage device supplied by the City.
Worker's compensation will be waived due to work being performed only by the contractor and no employees.
Initialed: '~
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060. after reasonable inquiry and evaluation. the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience. education. training and
capability sufficient to perform the quality. quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE. in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall. at its own risk and expense. perform the personal services described
above and. unless otherwise specified. furnish all labor. equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented. and by entering into this contract now represents. that all personnel
assigned to the work required under this contract 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.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed. including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated. payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City. _
7. Statutory Requirements: ORS 279C.505. 279C.515. 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18.703 or more. Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage. as defined in this chapter. to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also reauired to DOSt the notice attached hereto as Exhibit B Dredominantlv in areas where
Contract for Personal Services. Revised 07/28/2010. Page 1 of6
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend. indemnify and save City. its officers, employees and agents harmless
from any and all losses. claims. actions, costs. expenses. judgments. subrogations. 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 contract by Consultant (including but not
limited to. Consultant's employees. agents. and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses. expenses, claims. subrogations.
actions. costs. judgments. or other damages, directly. solely. and proximately caused by the negligence of City.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract. 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 contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied. revoked. suspended. or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice. or within such other period as
the party giving the notice may authorize or require. then the contract 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 contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in 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 contract.
e. Obliqation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a. b. or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However. upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b. cor d of this section. Consultant shall immediately cease all activities under
this contract. unless expressly directed otherwise by City in the notice of termination. Further. upon termination.
Consultant shall deliver to City all contract documents. information. works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract 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. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them. and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. 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 it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license. certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this 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 Contract; or attempts to assign rights in. or
delegate duties under. the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's ComDensation insurance in compliance with ORS 656.017. which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv insurance with a combined single limit. or the equivalent. of not less than Enter one:
Contract for Personal Services. Revised 07/28/2010. Page 2 of 6
$200.000. $500.000. $1.000.000. $2,000.000 or Not Applicable for each claim. incident or occurrence. This is to
cover damages caused by error. omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit. or the equivalent. of not less than Enter one:
$200.000. $500.000. $1.000.000. $2.000.000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit. or the equivalent. of not less than Enter one:
$200.000. $500.000. $1.000.000. or Not Applicable for each accident for Bodily Injury and Property Damage.
including coverage for owned. hired or non-owned vehicles. as applicable.
e. Notice of cancellation or chanQe. There shall be no cancellation. material change. reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon. and its
elected officials. officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract. the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements. etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles. self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws. rules or doctrines. Any claim. action. suit or
proceeding (collectively. "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If. however. the claim must be brought in a federal
forum. then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County. Oregon. Consultant. by the signature herein of its authorized
representative. hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity. based on the Eleventh Amendment to the United
States Constitution. or otherwise. from any claim or from the jurisdiction.
16. 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. SUCH WAIVER. CONSENT.
MODIFICATION OR CHANGE, IF MADE. SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS. OR
REPRESENTATIONS. ORAL OR WRITTEN. NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT. BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE. HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT. UNDERSTANDS IT. AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations. or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion. to continue to make payments under this contract. In
the event City has insufficient appropriations. limitations or other expenditure authority. City may terminate this
contract without penalty or liability to City. effective upon the delivery of written notice to Consultant. with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Contract for Personal Services. Revised 07/28/2010. Page 3 of 6
B:~ -
Signature
'D "^ vve..A (~p\.e l ~
Print Name
City of Ashland
~~~
U Department Head
::[iJHA? KA~>
Print Name
By
7.-..~c:..<1--1..
Title
.2~:;;2. <6 -d-O 1/
Date
W-g One copy of a W-g is to be submitted with
the signed contract.
Purchase Order No.
/tt? tt7 4" ,p-.
Contract for Personal Services. Revised 07/28/2010. Page 4 of 6
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 10 (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) I 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.
v (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) I 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.
~L
Contractor
z..)2'\ I,'
(Date)
Contract tor Personal Services. Revised 07/28/2010. Page 5 ot6
February 4. 2011
Exhibit...f3
Proposal for Services for the City of Ashland on the Ashland Forest
Resiliency Project (AFRP) Video
Prepared by: Darren Campbell
Project Statement: To craft a short film that presents the story of the AFRP for
public education and awareness purposes.
Project Description: The workflow for the AFRP project would include pre-
production through post-production services. Pre-production would involve
project planning with key AFRP personnel, including developing a story outline.
general messaging. shot list. timeline with tentative shooting schedule and a
preliminary project budget. The production phase would involve numerous shoots
in the Ashland watershed, including interviews with pre-identified spokespeople
representing various aspects of the project. Included in this phase would be
several before and after shots in various phases. for use both in this project and
for later utilization. Post-production would involve all editing. sound mixing and
soundtrack, and final delivery, in both DVD and digital file format for web use.
It is estimated that this initial phase will involve approximately 15 hours of pre-
production planning. including developing drafts of project outline and
subsequent revisions. shot lists. and interview talking points (who will cover what
topics). Production is estimated at five 2-3 hours shoots. plus travel time
(estimated at 15 hours) in the watershed. with transportation to and from
locations provided by AFRP staff or partners. Additional production, i.e. additional
shoots. will be based on budget availability. project needs and timing of key
project milestones or events.
Qualifications: Darren is a partner in Coldstream Creative. an independent film
production company that specializes in environmental and social sustainability
issues. The company was formed in 2005 ahead of the production of their first
the documentary film. Resorting to Madness. Cold stream Creative is currently in
post-production on their second feature length documentary film, The Next, Best
West. Darren is a camera operator. and has worked in the producer, director and
editor role. Darren is also a member of Southern Oregon Film and Television and
can outsource work in the Rogue Valley as needed.
Previous clients include: Sierra Business Council, Siskiyou Project, Colorado
Wild, Creciendo Unidos/Creating Alternatives. Truckee River Watershed Council,
Regional Planning Partners. The Local Dish. Adventure, Risk. Challenge (ARC),
Co-cre8ive. Jared Cruce Photography. References available on request.
.
February 4. 2011
Preliminary Budget
The preliminary budget is based on production of one 5-7 minute video. The
potential for additional segments or short pieces on specific topics is based on
budget. .
Hourly rates are based on non-profit project rates (-30% discount).
Rates:
Pre-production ----------$35/hour
Production/Camera-----$50/hour
Post-Prod/Editing -------$40/hour
estimated hours
15
15
60
Total
cost
$525
$750
2400
$3,675
Timeline: Work will be completed by June 30th, 2011.
I
Page 1/1
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND. OR 97520
(541) 488-5300
OlTY RECORDER
~ 1'"' - -3/~~TOE11
I 1",-po1NO~~~ER_' I
VENDOR: 015891-
CAMPBELL. DARREN
975 EAST MAIN STREET
ASHLAND. OR 97520
SHIP TO: Ashland Fire Department
(541) 482-2770
455 SISKIYOU BLVD
ASHLAND. OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Chris Chambers
Confirming? No
~:~;QjjanHtV :;~; - ..Unlt" : .. '~,:;::' ;i';'~;'/I~. ~~.~'+, :';:!~'.:I'h . :'" /', . De"scriotlon ;. "',r' .. - '; "i .~.~. :.i''--: : ,- Unh Price~. . : Eif price;~': ~:;.~
.'...'lL '"L.:." -,
Contractor to create and produce video 3.675.00
for the Ashland Forest Resiliency
Project under direction of City staff.
The contract covers development.
filminQ. editinQ. and production of 5-7
minute video footage. Per attached
contract and proposal. Not to exceed
$3.675.00.
Contract for Personal Services
Beginning date: March 1. 2011 /
Completion date: June 30. 2011
-
,
SUBTOTAL 3675.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0,00
541-552-2028 TOTAL 3.675.00
ASHLAND. OR 97520
LC-'Ac~cp-unfNumb'er: ~-.:':~ :PfojecfNumber_.~.: - : ~'-_Am'o_~nt .. ~Acc-oi.{n(NumDer~~} '.- :'"; Project "Number ~{_I: , ":-, . '~'.Amount~<.~)~~
.-
- " -.
E 670.08.29.00.60416 E 000199.999 3 675.00
Lk(
~/ J0/
Aut ized Signature
VENDOR COpy
I FO~#31
A request for a Purchase Order
REQUISITION
CITY OF
ASHLAND
Date of request:
Required date for delivery:
~
Vendor Name
Address. City, State, Zip
Contact Name & Telephone Number
Fax Number
Darren Campbell
975 East Main St Ashland. OR 97520
Darren Campbell. 541-531-5641
SOLICITATION PROCESS
o Exempt from Competitive BiddinQ o EmerQencv
Reason for exemption: o Invitation to Bid (Copies on file) o WrittEn findings attached
Date approved by Council: o Quote or Proposal attached
~ Small Procurement Cooperative Procurement
Less than $5.000 o ReQuestfor Proposal (Copies on file) o State of Oregon
Note: Total contract amount. including any Date approved by Council: Contract #
amendments may not exceed $6,000 o State of Washington
Intermediate Procurement 0 Sole Source Contract #
GOODS & SERVICES 0 Written findings attached o Other govemment agency contract
$5.000 to $100.000 0 Quote or Proposal attached Agency
o (3) Written quotes attached Contract #
PERSONAL SERVICES 0 Special Procurement 0 Intergovemmental AgreEment
$5.000 to $75.000 o WrittEn findings attached Agency
o Less than $35.000. by direct appointment o Quote or Proposal attached Contract #
o (3) Written proposals attached Date aporoved b.Council: Date approved by Council:
Description of SERVICES
Total Cost
Contractor will create and produce video for the Ashland Forest Resiliency Project under
direction of City staff. The contact covers development. filiming. editing, and production of 5-7
minutes of video foota e.
Item # Quantity Unit Description of MATERIALS
Unit Price
Total Cost
(PI'"Cpwt.l ) .,".-, .,,""~..,.-~.., . ,..~' ....~._- .
~ Per attached QUOTE IE If Ad" r 13 0-1 {'ov,-I-r"'t< ,,+ :<:T~TAL~C~S!'
- ~:~}:'.~~~Th~~~*~'::;-":;
, . . -
- -
Project Number 000199.999
Account Number 670.08.29.00.604160
Account Number
. - . .
--- -- -- -- ------
Account Number ___' __' __' __' ______ Account Number ___' __' __' __' ______
'Expenditure must be charged to the appropriate account numbers for the financiels to renect the ectuai expenditures accuretety. Affach extra pages if needed.
By signing this requisition form. i cerlify that the information provided above meets the City's public contracting requirements. and the documentation can be provided
upon request. 4- ~
Employee Signaturt:-.l~ C / P Depa~ent Head Signature: f~
Additional signatures (if applicable):
Funds appropriated for current fiscal year: rfij) NO
~.:t
Finance Director
4
r-----
s(w('
Date
Comments:
G: Finance\Procedure\AP\Forms\Fonn #3 ~ Requisition-VIcleo
Updated on: 2/2812011