HomeMy WebLinkAbout2014-114 Contract - Yelena Joy
C I T Y OF
ASHLAND INDEPENDENT CONTRACTOR: Yelena Joy
CONTACT: Yelena Joy
20 East Main Street ADDRESS: 357 E. Main Street, Studio #4
Ashland, Oregon 97520 Ashland, OR 97520
Telephone: 5411488-6002 TELEPHONE: 831-239-2343
Fax: 5411488-5311
EMAIL: yelenajoy@comcast.net
DATE CONTRACT FULLY EXECUTED:
COMPENSATION: Not to exceed $1,300.
ADDITIONAL TERMS: $1,000 to paint three electric utility boxes on the Calle Guanajuato: $500 paid when contract is
signed; $500 to be paid upon completion of project; and reimbursement for cost of paint "Not to exceed $300" (Paint
Receipt .
SCOPE OF WORK: See Scope of Work attached as Exhibit C.
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 have a current City business license.
3. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless against and
from 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.
4. Termination: CC's Convenience. This contract may be terminated at.any time by the City.
5. Independent Contractor Status and Other Representations: 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. _
6. Insurance. Contractor shall at its own expense provide the following insurance:
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. See Exhibit B (Back of Page). Worker's compensation insurance is
required if work is performed by employees, subcontractors, or volunteers.
BY INITIALING THE BLANK AT THE END OF THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW
THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED:
7. Statutory Requirements: ORS 2796.220, 2798.225, 2798.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of
this contract.
8. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor has an asbestos abatement license.
9. 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.
10. Non-discrimination Certification: The undersigned certifies that Contractor has not discriminated against minority, women or
emerging small business enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not
discriminate in the award of such subcontracts, if any.
11. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of
Oregon .
12. 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.
Contract Cishl\and
By V ✓40 By V~ y
YELENA JOY
C'
r
W-9 -One co of W-9 is to be submitted with the signed contract.
APP VE AS TO F
Ilofthland Citcy~ meylI/
Dates C~ ` / - 1~
Contract - Yelena Joy, Page 1 of 5 - 1
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)
e wor under the on rac be performed in accordance i the highest professional standards; and (d) on rac or
is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of
perjury that (a) its business is not in violation of any Oregon tax laws; (b) if it is a corporation or limited liability company, it
is in good standing under state and federal laws and the undersigned is authorized to act on behalf of the entity; (c) it is an
independent Contractor as defined in ORS 670.600; (d) Contractor meets' at least four of the criteria listed below and
so indicates by placing Contractor's initials in the blanks before all the criteria Contractor meets:
(1) Contractor carries out the provided labor or services at a location separate from Contractor's residence or
in a specific portion of its 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) The telephone listing used for the business is separate from the telephone listing for Contractor's personal
`J residence.
(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) Contractor assumes 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.
4~~ AI
Contractor YELENA JO (Date) '
Contract - Yelena Joy, Page 2 of 5
EXHIBIT B
CITY OF ASHLAND
WORKERS' COMPENSATION INSURANCE CERTIFICATION
[CONTRACTOR MUST INITIAL APPLICABLE BLANK BELOW]
CERTIFICATION OF COVERAGE:
Contractor will maintain Workers' Compensation insurance coverage for the term of the contract and
will provide Certificate of Workers' Compensation Insurance before
Project Beginning Date.
CERTIFICATION OF EXEMPTION FROM COVERAGE:
Contractor is exempt from the requirement to obtain workers compensation insurance under ORS
/`~~7 Chapter 656 for the following reason (initial the appropriate blank).
" J SOLE PROPRIETOR
Contractor is a sole proprietor, and
Contractor has no employees, and
Contractor will not hire employees or subcontractors to perform this contract.
CORPORATION - FOR PROFIT
- Contractor's business is incorporated; and
All employees of the corporation are officers and directors and have a substantial ownership
interest* in the corporation, and
All work will beperformed by the officers and directors; Contractor will not hire other employees or
subcontractors to perform this contract.
CORPORATION - NONPROFIT
Contractor's business is incorporated as a nonprofit corporation, and
Contractor has no employees; all work is performed by volunteers, and
- Contractor will not hire employees or subcontractors to perform this contract.
PARTNERSHIP
Contractor is a partnership, and
Contractor has no employees, and
- All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this
contract, and
Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement,
moving or demolition of an improvement to real property or appurtenances thereto.**
LIMITED LIABILITY COMPANY
- Contractor is a limited liability company, and -
- Contractor has no employees, and
All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this
contract, and
If Contractor has more than one member, Contractor is not engaged in work performed indirect connection with the
construction, alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.**
*NOTE: Under OAR 436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the
corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average
percentage of ownership of all shareholders.
**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing
construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption
request is accepted from a contractor who will perform construction work.
Contract - Yelena Joy, Page 3 of 5
EXHIBIT "C"
Scope of Work Addendum
Public Art -Painting electric utility boxes in the City of Ashland
This Scope of Work Addendum to the Independent Contractor Agreement (the "Agreement"), between
Yelena Joy hereinafter "Artist," and the City of Ashland, hereinafter "City," relates to the terms and conditions
to paint designated electric utility boxes on Calle Guanajuato.
The ARTIST has been eontmissioned fbr a design submitted and approved by the eity Gotilleil. Tile design
proposal is attached hereto. It is understood that ARTIST will make every effort to create the WORK in the
spirit of the design, but that the necessity for continuous refinement and development may alter the final
rendering. CITY has final approval rights.
ARTIST SHALL:
Concept:
The artist will paint three boxes that reflect the flora found in riparian zones in and around Ashland.
Materials and Measurements and Installation:
Paint
Location:
Y Two boxes behind the iron fencing on the Calle behind Umi Sushi and one box adjacent to the creek
wall behind Websters.
Maintenance:
• The painted boxes will be treated with an anti UV coating to protect the design from sum damage.
Payment and Implementation Timeline:
COMPENSATION: Not to exceed $1,300.
May 2014 First Invoice: Begin Fabrication ($500)
June 30 2014 Second Invoice: Final payment ($500)
Cost of Paint (not to exceed $300; to provide paint receipt for reimbursement)
Contract - Yelena Joy, Page 4 of 5
Page 1 / 1
1W. 11 CITY OF
AS H LAN D DATE PO NUMBER
20 E MAIN ST. 613/2014 12276
ASHLAND, OR 97520
(541) 488-5300 .
VENDOR: 017274 SHIP TO: City of Ashland
JOY, YELENA (541) 488-6002
357 E MAIN ST 20 E MAIN STREET
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.: ,
Req. Del. Date: contact: Ann Seltzer
Special Inst: confirming? Yes
Quantity` Unit Description Unit Price Ext. Price
Public ArtArtist 1,300.00
$1,000 to paint three electric boxes
$500 to be paid when contract is signed
$500 to be paid upon completion of
protect
Reimbursement for cost of paint "not to
exceed $300.00" (Paint receipt)
Contract
Beqinninq date: MaV 24, 2014
Completion date: June 30, 2014
SUBTOTAL 1,300.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 1,300.00
ASHLAND, OR 97520
Account Number-- Project Number Amount Account Number Project Number ' Amount
E 110.01.02.18.60416 E 000181.999 1,300.00
X'7< G / y
Authorize I ture VENDOR COPY
FORM #3 CITY OF
X27"~' ASHLAND
A request for a Purchase Order
REQUISITION Date of request: /ae'
Required date for delivery:
udovw-
Vendor Name
Address, City, State, Zip /7)4 A O pr ,6p
Contact Name & Telephone Number
Fax Number ~ ~ 1_ I1- V ~Q c/
"'*~14
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Witten 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(W tten 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 El Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals/written solicitation Dale
approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Pu0& Art
7 IN 4" 0
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
I AI -0S
Per attached quotelproposal veyJ
ProjectNumberQO~l$I •5_~9 AccountNumberU~-Q1-Q1_0 J0 Q 011`
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:
ITDirector Date Support -Yes/No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied--
Employeej~l DepartmentHead:°"~ '
(Equal to or greater 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 or greater than $5,000) Date
Comments:
Form #3 - Requisition