Kiko Denzer Sculpture ~ C180054 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THISFORMMusTACCOMPANYEVERYCONTRACT) 1��
Contract Title: Oven Building Workshop Number:
15(4
Contractor: Kiko Denzer Contract Total: $2450
Contract Overview: 2-day oven-building workshop in Metzger School Park including basic oven design
one site visit.&coordination. does NOT include materials
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Schuyler Warren Ext: 2437 Department: 2437
Type: ❑ PersonalSvc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
❑ Engineering Svc ® Other: Performance Agr Start Date: 5/30/18 End Date: 6/30/18
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 2018 100-3000-54001
FY
FY
FY
FY
Uprovals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
l7'
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract#
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
OVEN BUILDING WORKSHOP
THIS AGREEMENT made and entered into this 30`x'day of May,2018 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City," and Sculpture, hereinafter called
"Contractor," collectively called the"Parties".
RECITALS
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth:
THEREFORE, the Parties agree as follows:
1. SCOPE OF SERVICES
Contractor will initiate services upon receipt of City's notice to proceed together with an executed copy
of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A— Scope of Work
and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon signature by both parties and will expire, unless otherwise terminated
or extended,on June 30,2018. All work under this Agreement will be completed prior to the expiration
of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not to erreed Two Thousand Four Hundred Fifty and No/100
Dollars ($2,450.00) for performance of those services described in this Agreement and Exhibit A.
Payment will be made based on Contractor's invoice. Payment shall be 50%prior to the work and 50%
upon completion of the work. Payment must be made within thirty(30) days from the date of end of the
work.
4. CONTACT INFORMATION
All notices, bills, and payments will be made in writing and may be given by personal delivery, mail, or
fax. Payments may be delivered by personal delivery,mail,or electronic transfer. The following addresses
and contacts will be used to transmit notices,bills,payments,and other information:
CI'T'Y tW TI. D
Attn: Schuyler Warren,Associate Planner Attn: Kiko Denzer
Address: 13125 SW Hall Boulevard Address: PO Box 894
Tigard,Oregon 97223 Philomath,Oregon 97370
Phone: 503 718-2437 Phone: (541(929-4301
Email: schu lerw ti rd-or.. ov Email: potlatchgcmug.corn
5. CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor, in carrying out the services to be provided under this contract, is acting as an independent
contractor and is not an employee of City,and as such accepts full responsibility for taxes or other obligations
associated with payment for services under this contract. As an independent contractor,Contractor will not
receive any benefits normally accruing to City employees.
6. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter into
this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local laws,it
being understood that acceptance of a contractor's work by City does not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them
harmless from any and all liability, causes of action, claims,losses, damages, judgments or other costs or
expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a
trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from,
during or in connection with the performance of the work described in this contract,except liability arising
out of the sole negligence of the City and its employees. Such indemnification shall also cover claims
brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity
shall be found to be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect
the validity of the remainder of this indemnification.
7. TERMINATION
The Parties agree that any decision by either party to terminate this Agreement before either before the
work is completed or the 30`k'day of June,2018 must be accompanied by thirty (30) days written notice to
the other party prior to the date termination would take effect. There is no penalty for early termination.
If City terminates the contract pursuant to this paragraph,it will pay Contractor for services rendered prorated
to the date of termination.
8. AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
9. OWNERSHIP OF WORK PRODUCT
City will be the owner of and is entitled to possession of any and all work products of Contractor which result
from this Agreement,including any computations,plans, correspondence or pertinent data and information
gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon
completion of the work pursuant to this Agreement.
10. GOVERNING LAw
Contractor must comply with all applicable federal,state and local laws;and rules and regulations on non-
discrimination in employment because of race,color,ancestry,national origin,religion,sex,marital status,
age,medical condition or disability. The provisions of this Agreement will be construed in accordance with
the provisions of the laws of the State of Oregon. All provisions required by ORS Chapters 279A,279B,and
279C to be included in a contract of this type are incorporated into this Agreement as though fully set forth
herein. Any action or suits involving any question arising under this Agreement will be brought in the State
of Oregon Circuit Court for Washington County for state claims or the United States District Court of
Oregon in Portland for federal claims.
2018 SPSA—Oven Building Workshop 2 1 Page
11. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or
materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts
due from Contractor to the Industrial Accident Fund incurred in the performance of this order.Contractor may
not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any
labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums
withheld from employees pursuant to ORS 316.167.
12. SEyERABmay
If any provision of this contract as applied to either parry or to any circumstances shall be adjudged by a court
to be void or unenforceable,the same shall in no way affect any other provision of this contract or the validity
or enforceability of the contract.
13. NONDISCRIMINATION
No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities
made possible by or resulting from this contract on the grounds of race, color, religion, gender, sexual
orientation,national origin,disability,age,or marital status.Any violation of this provision shall be considered
a material defect of the contract and shall be grounds for cancellation,termination, or suspension in whole
or in part by the City.
14. SURyIyAI.
The terms,conditions,representations,and all warranties contained in this contract shall survive the
termination or expiration of this contract.
15. COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,
consent,modification,or change of terms of this Agreement will bind either party unless in writing and signed
by both parties. Such waiver, consent, modification, or change if made, will be effective only in specific
instances and for the specific purpose given. There are no understandings,agreements, or representations,
oral or written,not specified herein regarding this Agreement. Contractor,by the signature of its authorized
representative, hereby acknowledges that they have read this Agreement, understands it and agrees to be
bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY TIG SCULPTURE /y
By: Authorized 7 staff By: Authorized Agent of Contractor
Date Date
2018 SPSA—Oven Building Workshop 3 Page
EXHIBIT A
SCOPE OF SERVICES
2-day Oven workshop (tentative,June 1314)-$2,450
includes basic oven design,one site visit,&coordination,does NOT include materials
Additional Work
Must be specified in writing and approved in advance by S.Warren. Will be billed hourly.
2018 SPSA—Oven Building Workshop 4 1 Page