January 22, 2024 Urban Renewal Agenda FRANK LONERBERWARCHAIR
CITY OF WOODBURN
DEBBIE CABRALES, BOARD MEMBER WARD I
MARK WILK, BOARD MEMBER WARD II
ROBERT CARNEY, BOARD MEMBER WARD III
URBAN RENEWAL AGENCY SHARON SCHAUB,BOARD MEMBER WARD IV
MARY BETH CORNW ELL,BOARD MEMBER WARD V
AGENDA ERIC MORRIS,BOARD MEMBER WARD VI
JANUARY 22, 2024 - 6:45 P.M.
City Hall Council Chambers - 270 Montgomery Street
1 . CALL TO ORDER
2. ROLL CALL
3. CONSENT AGENDA
A. Urban Renewal meeting minutes of December 11, 2023 1
Recommended Action: Approve the minutes.
4. PRESENTATIONS
None.
5. PUBLIC HEARINGS
None.
6. GENERAL BUSINESS
A. Woodburn Public Arts and Murals Committee Intergovernmental 2
Agreement for URA-Funded Public Art Installation Project
Recommended Action: Authorize $60,000 in public art and mural
funding for an art sculpture installation project at the Fire District
Property located at 1776 Newberg Highway, Woodburn, and
authorize the City Administrator to enter into an Intergovernmental
Agreement with the District to that effect.
B. City of Woodburn Public Arts and Mural Committee Services 16
Agreement
Recommended Action: That the Woodburn Urban Renewal
Agency, acting in its capacity as the Local Contract Review Board,
authorize the City Administrator to enter into a Service Agreement
with Monica Milligan (Contractor) for installation of a mural on the
city owned building located at 190 Garfield St. and in a sum not to
exceed $18,000.
7. PUBLIC COMMENT
January 22, 2024 Urban Renewal Agency Page i
8. ADJOURNMENT
January 22, 2024
URBAN RENEWAL AGENCY BOARD MEETING MINUTES
DECEMBER 11, 2023
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, DECEMBER 11, 2023
CONVENED The meeting convened at 6:45 p.m. with Chair Lonergan presiding.
ROLL CALL
Chair Lonergan Present
Member Schaub Present
Member Cornwell Present
Member Carney Present
Member Morris Present
Member Cabrales Present
Member Wilk Present
Staff Present: Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Assistant City Attorney Granum, Assistant City Attorney Killmer, Police Chief
Pilcher, Economic Development Director Johnk, Community Services Director Cuomo, Finance
Director Turley, Community Development Director Kerr,Public Works Director Stultz, Special Projects
Director Wakeley, Human Resources Director Gregg, Deputy Police Chief Millican, Public Affairs and
Communications Coordinator Moore, City Recorder Pierson, Economic Development Project Manager
Guerrero, Executive Legal Assistant Bravo, Youth Outreach Coordinator Uder, Community Relations
Manager Herrera
CONSENT AGENDA
A. Urban Renewal Agency minutes of November 13, 2023
Carney/Cabrales... adopt the Consent Agenda. The motion passed unanimously.
A RESOLUTION AMENDING SECTION 900—AMENDMENTS TO THE RENEWAL PLAN—
OF THE WOODBURN URBAN RENEWAL PLAN
Economic Development Director Johnk provided a staff report and Elaine Howard Consulting was
available for questions. Carney/Schaub.... adopt Resolution Number 2023-3 amending Section 900 of
the Woodburn Urban Renewal Plan. The motion passed unanimously.
ADJOURNMENT
Mayor Lonergan adjourned the meeting at 6:51 p.m.
APPROVED
FRANK LONERGAN, CHAIR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 —URA Board Minutes, December 11, 2023
1
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January 22, 2024
TO: City of Woodburn Urban Renewal Agency
FROM: Jamie Johnk, Economic Development Director/Urban Renewal
Manager
SUBJECT: Woodburn Public Arts and Murals Committee Intergovernmental
Agreement for URA-Funded Public Art Installation Project
RECOMMENDATION:
Authorize $60,000 in public art and mural funding for an art sculpture installation
project at the Fire District Property located at 1776 Newberg Highway,
Woodburn, and authorize the City Administrator to enter into an
Intergovernmental Agreement with the District to that effect.
BACKGROUND:
The Woodburn Public Arts and Mural Committee (PAMC) has partnered with the
Woodburn Fire District for the proposed installation of a public art sculpture as
part of inclusion in the proposed District expansion and improvements.
The PAMC worked closely with the Fire District and DECA Architects to develop
an art concept that represents Woodburn and the honorable work of the
District. The art will be installed in the onsite "Monument Plaza".
DISCUSSION:
The Agency is granted broad powers under ORS 457.170 for the planning and
implementation of urban renewal projects and has identified in its plan a goal
and objective to providing Agency funds "for art in public spaces within the
urban renewal areas".
The Woodburn Public Arts and Mural Committee desires to provide URA funding
designated for public art and mural projects to the Woodburn Fire District for the
installation of a new public art sculpture at the District's property located at 1776
Newberg Highway, Woodburn.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X-
2
Woodburn Urban Renewal Agency
January 22, 2024
Page 2
The District intends to complete a sculpture art installation with lighting, water
feature, and landscaping at the Woodburn Fire District. A detailed description
of the proposed artwork and its location on the site are more specifically
described and detailed in the attached Agreement.
In accordance with the terms and conditions of the Intergovernmental
Agreement, the Agency shall provide the Fire District with up to sixty thousand
dollars ($60,000) to carry out all activities and work necessary to complete the
art installation. The funds will be provided to the Fire District on a reimbursement
basis.
The completion date for the art installation will be no later than December 31,
2024.
FINANCIAL IMPACT:
This project is identified in the adopted fiscal year 2023/24 Urban Renewal
Budget through the Woodburn Public Arts and Mural Committee for an amount
up to sixty-thousand dollars ($60,000).
3
WOODBURN PUBLIC ARTS AND MURAL COMMITTEE PROGRAM
INTERGOVERNMENTAL AGREEMENT FOR URA-FUNDED PUBLIC ART INSTALLATION PROJECT
THIS IGA for URA-Funded Public Art Installation Project("Agreement"), effective upon the
last date of signatures below, is entered into between the Woodburn Urban Renewal Agency, a
component unit of the City of Woodburn, Oregon ("Agency"), and the Woodburn Fire District
("District") (collectively the "Parties").
WHEREAS, the Agency is granted broad powers under ORS 457.170 for the planning and
implementation of urban renewal projects and has identified in its plan a goal and objective to
providing Agency funds "for art in public spaces within the urban renewal areas";
WHEREAS, the Woodburn Public Arts and Mural Committee desires to provide certain
URA funding designated for public art and mural projects to the Woodburn Fire District for the
installation of a new outdoor art sculpture at the District's property located at 1776 Newberg
Hwy, Woodburn, Oregon (the "Property");
WHEREAS,the District's Property is located within the boundaries of the Woodburn urban
renewal district;
WHEREAS, Agency finds it to be in the best interest of the City and in alignment with the
goals and policies of the Woodburn Public Arts and Mural Committee and the Agency's URA plan
to directly fund the District's proposed art project through this funding agreement;
WHEREAS, upon receipt, the District will apply all Agency funds towards completion of
the eligible Project (as defined below), along with the completion of other site and building
improvements at the Property; and
WHEREAS, the purpose of this Agreement is to establish the terms and conditions under
which the Agency will administer and disburse the identified Grant Funds to the District and what
obligations the District will have in receiving such Funds.
NOW THEREFORE, the parties agree as follows:
AGREEMENT
1. Project. The District intends to complete a sculpture art installation with lighting, water
feature, and landscaping at the Property, as more specifically described and detailed in Exhibit A,
attached hereto and incorporated herein ("Project"). Notwithstanding the Agency's plan to fund
the Project as described in Exhibit A, the parties understand and agree that it shall be the
obligation of only the District to complete the final design, call of bids, acquisition of any
necessary permits, and construct the Project, and that Agency shall be obligated only to provide
financing as described herein.
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 1 of 8
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2. Financing. In accordance with the terms and conditions of this Agreement, the Agency
shall provide the District with up to sixty thousand 00/100 dollars ($60,000) ("Funds") for the
District to carry out all activities and work necessary to complete the Project at the Property.
Funds shall be provided by the Agency to District for actual costs on a reimbursement basis
pursuant to Section 4. Eligible expenditures that may be reimbursed will include actual costs that
are (i) reasonable and necessary for completion of the Project; and (ii) directly related to the
design, construction, installation, and architectural and engineering services necessary to
undertake the Project, including adjacent landscaping, hardscaping, and lighting around the
sculpture. The District shall be solely responsible for all Project costs in excess of Agency's
maximum funding amount.
3. Timeline & Completion of Project. The District shall commence and complete the Project
no later than December 31, 2024. However, if the completion of the Project is delayed by strike,
lockout, or other labor dispute, an Act of God, delay in receiving materials or equipment, or any
casualty beyond the District's control,the time for completion shall be extended for an additional
period of time equal to the lost time due to such delay. If the District fails to complete the Project
and gain a satisfactory final inspection from the Agency by the completion date and fails to obtain
an extension as provided for in Section 7, the Funds will be deemed forfeited, this Agreement
will terminate, and Agency shall have no further financial obligation to the District under this
Agreement
4. Disbursement of Funds. Subject to satisfaction of the conditions precedent set forth
below in Section 5, the Agency shall disburse Funds to the District in a single lump sum payment
after the District's presentation to the Agency of an appropriate final invoice. If any portion of
Agency Funds disbursed to the District is used in a manner not permitted by this Agreement, the
District shall, upon the Agency' demand, repay such portion to the Agency.
5. Conditions of Funding. Agency's reimbursement to District will be conditioned upon the
following:
5.1. Project Interim Reporting.The District agrees to provide the Agency, via the City's
Public Arts and Mural Committee, with interim reporting on the progress of the Project,
no less than bimonthly. Reports will include updates on the Project's completion timeline
and may be supported with photographs, renderings, and other professional materials.
5.2. Access to Property& Inspections. As part of the sculpture installation process, the
District shall make the Property available to Agency or its designee for inspection. As part
of any inspection, Agency will periodically review the progress of the work on the Project
pursuant to this Agreement. All work that is not in conformance with the approved plans,
design drawings, and specifications shall be immediately corrected by the District, and
deficient or improper work shall be replaced and made to comply with the approved
plans, design drawings, and specifications.
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 2 of 8
5
5.3. Final Inspection of Improvements. Upon completion of the Project, the District
shall schedule a final inspection of the Property with the Agency. The Agency will deem
final inspection satisfactory where improvements made to the Property conform to the
approved plans, design drawings, and specifications, and shown to be fully completed in
a good and workman like manner.
5.4. Funding Acknowledgment. Priorto final inspection,the District shall have installed
on the Property a small plaque or inscription in an area adjacent to the Project stating:
"This public art piece was funded through the Woodburn Urban Renewal Agency with
support from the City's Public Arts and Mural Committee."
5.5. Reimbursement Procedure. Following a satisfactory final inspection, the District
shall submit to Agency an invoice statement showing the full cost of the work completed
as well as each separate component amount due to any contractor and subcontractor
involved in furnishing labor, materials, or equipment necessary to complete the Project.
Additionally, the District shall submit to Agency proof of payment of all costs pursuant to
contractors' statements, as well as final lien waivers from all contractors and
subcontractors (if applicable). The Agency shall, within forty-five (45) days of receipt of
the contractor's statement, proof of payment, and lien waivers, issue a check to District
for the reimbursable amount permitted under Section 2.
5.6. Financial Records. The District shall keep proper books of account and records on
all activities associated with the Project, including, but not limited to, invoices, cancelled
checks, instruments, agreements, and other supporting financial records documenting
the use of the Funds. The District shall maintain these books of account and records in
accordance with generally accepted accounting principles and will retain these books of
account and records until six years after the final inspection, or the date that all disputes,
if any, arising under this Agreement have been resolved, whichever is later.
6. Modifications to Project. The District acknowledges that once work on the Project is
underway that circumstances may arise that require changes or modifications to be made to the
original scope of the Project. If such circumstances arise, the District shall seek prior Agency
approval to amend the scope of the Project prior to commencing a modified scope of work under
this Agreement.
7. Extension of Time to Complete Improvement. The Agency, at its sole discretion, may
extend the Project completion date for an additional period, not to exceed twelve (12) months,
pursuant to a written extension request received from the District prior to the occurrence of the
set completion date.
8. Maintenance of Project. Upon completion of the Project, and for a period of ten (10)
years thereafter, the District shall be responsible for properly maintaining said Project in finished
form and without change or alteration. The District shall not enter into any Agreement or take
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 3 of 8
6
any other action to change or remove said Project without the prior approval of Agency, which
shall not be unreasonably withheld.
9. District's Representations and Warranties. The District represents and warrants to the
Agency as follows:
9.1. Organization. District is duly organized and validly existing under the laws of the
jurisdiction where it was legally formed.
9.2. Authority. District has obtained all necessary authorization to carry out the work
and activities planned under this Agreement.
9.3. Statements, Exhibits, and Other Materials. All statements, exhibits, or other
written materials required to be furnished under this Agreement by the District do not
and will not contain any statement that is false or misleading with respect to any material
fact, and do not and will not omit to state a material fact necessary in order to make the
statement therein not false or misleading.
9.4. Building and Construction Permits. All required building and construction permits
needed by the District to complete the Project on the Property have been or will be
properly obtained from the City of Woodburn and Marion County prior to the
commencement of work under this Agreement.
10. Agency's Funding Administrator. Agency has identified the City's Economic Development
Director, Jamie Johnk, as its designated administrator and primary point of contact for matters
related to this Agreement.
11. Relationship of the Parties. Nothing in this Agreement is intended or is to be deemed to
create a partnership or joint venture between the Parties. The District shall at no time hold itself
out as a subsidiary or affiliate of the Agency. Further, nothing contained herein shall be deemed
or construed by the Parties, nor by any third parties, as creating a relationship between the
Agency and any officers, employees, volunteers, suppliers, contractors, or subcontractors used
by the District to carry out activities under this Agreement.
12. Ownership. All improvements made to the Property is work that will be owned and
controlled by the District. The Agency has no rights to and will not claim right to any property or
improvements made under this Agreement.
13. Termination. This Agreement terminates as follows:
13.1. Mutual Consent of Parties. This Agreement may be terminated upon the mutual
consent of both parties.
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 4 of 8
7
13.2. Expiration of the Agreement. This Agreement terminates upon the expiration of
time provided for District's performance under Section 3.
13.3. Agency's Right to Terminate for Cause. The Agency may terminate this
Agreement, in whole or in part, immediately upon notice to the District, where District
fails to perform certain covenants or obligations required by this Agreement, and where
the District does not cure such failure within ten (10) business days after delivery of
notice of breach or such longer period as the Agency may specify.
13.4 Agency's Right to Terminate for Insufficient Funding. The Agency may terminate
this Agreement, in whole or in part, immediately should it fail to receive sufficient
funding, appropriations, or other expenditure authorization to allow Agency, in its
reasonable discretion, to continue making payments under this Agreement.
13.5. Remedies.
(a) In the event of termination pursuant to Section 13.3, Agency may pursue any
remedies available under this Agreement, at law or in equity. Such remedies
include, but are not limited to, termination of Agency's obligations to disburse
Funds or the demand of return or repayment of all or a portion of Funds from
the District.The District shall return to the City,within 30 days of City's written
demand: (i) any Funds paid to the District that exceed the amount to which it
is entitled under this Agreement; (ii) any Funds received by the District that
remain unexpended or not contractually committed for Project activities as of
the date of any termination of this Agreement; or (iii) any Funds determined
by the Agency to be expended for purposes other than allowable activity
expenditures under this Agreement.
(b) In the event Agency defaults on any obligation in this Agreement,the District's
remedy will be limited to injunction, special action, action for specific
performance, or other available equitable remedy for performance of
Agency's obligations.
14. Limitation of Liability. The District shall take all necessary precautions and shall be
responsible for the safety of its employees, volunteers, agents, and subcontractors in the
performance of all services and activities provided under this Agreement. The Agency shall not
be liable for injury, damage, or loss suffered by District, its employees, volunteers, agents, and
subcontractors, not otherwise caused by the intentional acts of the Agency, its agents,
employees, or contractors.
15. Indemnification.The District shall indemnify, defend, save, and hold harmless the Agency,
and its officers, agents, and employees from and against any and all claims, actions, liabilities,
damages, losses, or expenses, including attorney's fees, arising from a tort, as now or hereafter
defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 5 of 8
8
willful acts or omissions of the District or any of District's officers, agents, employees, or
subcontractors ("Claims"). It is the specific intention of all Parties that the Agency shall, in all
instances, except for Claims arising solely from the negligent or willful acts or omissions of the
Agency respectively, be indemnified by the District.
16. Compliance with Law. The District shall comply with all federal, state, and local laws,
regulations, executive orders, and ordinances applicable to this Agreement or to the
implementation of the Project, including without limitation, (i) Title VI of the Civil Rights Act of
1964; (ii)Title V and Section 504 of the Rehabilitation Act of 1973; (iii)the Age Discrimination Act
of 1975; (iv) the Americans with Disabilities Act of 1990, and ORS 659A.142; (v) all regulations
and administrative rules established pursuant to the foregoing laws; and (vi) all other applicable
requirements of the federal and state civil rights and rehabilitation statutes, rules, and
regulations.
17. Governing Law.This Agreement is governed by and construed in accordance with the laws
of the State of Oregon (without giving effect to its conflict of law principles). Any party bringing
a legal action or proceeding against any other party arising out of or relating to this Agreement
shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion
County (unless Oregon law requires that it be brought and conducted in another county). Each
party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue,
and waives any claim that such forum is an inconvenient forum.
18. Non-Assignment. The District shall not assign this Agreement or any of its rights or
obligations under this Agreement without the prior written consent of Agency.
19. No Third-Party Beneficiaries. No provision of this Agreement is intended or will be
construed to confer upon or give to any person or entity other than the Parties to this Agreement
any rights, remedies, or other benefits under or by reason of this Agreement.
20. Notification. Any Notice provided for or concerning this Agreement shall be in writing
and be deemed sufficiently given when personally delivered or mailed by Certified mail, to the
respective address of each party as follows:
If directed to Agency:
City of Woodburn,
Attn:Jamie LJohnk, Economic Development Director
270 Montgomery Street
Woodburn, Oregon 97071
If directed to District:
Woodburn Fire District
Attn: Chief Joe Budge
1776 Newberg Highway
Woodburn, OR 97071
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 6 of 8
9
21. Severability. The parties agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity
of the remaining terms and provisions shall not be affected, and the rights and obligations of
the Parties shall be construed and enforced as if the Agreement did not contain the particular
term or provision held to be invalid.
22. Merger Clause; Waiver. This Agreement constitutes the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No waiver,
consent, modification or change of terms of this Agreement 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. The failure of the
Grantor to enforce any provision of this Agreement shall not constitute a waiver by the Grantor
of that or any other provision
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the last
date of signature specified below.
AGENCY DISTRICT
Woodburn Urban Renewal Agency Woodburn Fire District
Scott Derickson Name:
City Administrator Title:
Date Date
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 7 of 8
10
EXHIBIT A
Woodburn Fire District Art Sculpture Installation Design & Plan
URA-FUNDED PUBLIC ART AGREEMENT
Woodburn Fire District Sculpture Project Page 8 of 8
11
ELEVATION SECTION PLAN
STEEL PLATE, TYP.
4" CONCRETE CURB
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PLUMBED FOR
WATER CONCRETE BASE POND AREA BELOW
(POND AREA)
WOODBURN FIRE STATION SCULPTURE 1/12/2023
12
NEWBERG HIGHWAY (OR 214)
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WOODBURN FS 21 REMODEL VIEW FROM WEST
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January 22, 2024
TO: City of Woodburn Urban Renewal Agency
FROM: Jamie Johnk, Economic Development Director/Urban Renewal
Manager
SUBJECT: City of Woodburn Public Arts and Mural Committee Services
Agreement
RECOMMENDATION:
That the Woodburn Urban Renewal Agency, acting in its capacity as the Local
Contract Review Board, authorize the City Administrator to enter into a Service
Agreement with Monica Milligan (Contractor) for installation of a mural on the
city owned building located at 190 Garfield St. and in a sum not to exceed
$18,000.
BACKGROUND:
The Woodburn Public Arts and Mural Committee (PAMC) issued a Call for
Artists/Request for Proposals (RFP) on October 6, 2023, with a deadline of
November 3, 2023. We received ten (10) proposals in response to the RFP.
The PAMC convened a committee to review and score each proposal, using
the scoring matrix included in the RFP, and referred the three highest scoring
proposal to the entire Public Arts and Mural Committee for final selection.
At the December 13, 2023, PAMC meeting, the Committee selected Monica
Milligan as the contractor to recommend to the Urban Renewal Agency to
complete the mural on the Woodburn Engineering building located at 190
Garfield Street.
DISCUSSION:
The Agency is granted broad powers under ORS 457.170 for the planning and
implementation of urban renewal projects and has identified in its plan a goal
and objective to providing Agency funds "for art in public spaces within the
urban renewal areas".
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X-
16
Woodburn Urban Renewal Agency
January 22, 2024
Page 2
The Woodburn Public Arts and Mural Committee desires to contract artistic
services with Monica Milligan to complete the "Woodburn" mural on the south
side of the Woodburn Engineering building located at 190 S. Garfield.
Illustrations depicting the mural concept are included in the attached
documents attached under Exhibit A. The artist will work closely with the PAMC
to refine the details of the mural. Completion of the mural will be no later than
June 30, 2024.
In accordance with the terms and conditions of the Services Agreement, the
Agency shall authorize an amount not to exceed $18,000 to carry out all
activities and work necessary to complete the art installation.
FINANCIAL IMPACT:
This project is identified in the adopted fiscal year 2023/24 Urban Renewal
Budget through the Woodburn Public Arts and Mural Committee for an amount
up to eighteen thousand dollars ($18,000).
17
CITY OF WOODBURN
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT
THIS PUBLIC ARTS AND MURAL COMMITTEE SERVICESAGREEMENT(the"Agreement")datedthis_
day of ,
BETWEEN:
CITY CONTRACTOR
City of Woodburn Monica Milligan
270 Montgomery St,Woodburn, 17853 SW Wakem St, Beaverton, OR
OR 97071 (the"City") 97003 (the "Contractor")
BACKGROUND
A. The City believes that the Contractor has the necessary qualifications,experience and
abilities to provide art installation services to the City.
B. The Contractor is agreeable to providing such services to the City on the terms and
conditions set out in this Agreement.
AGREEMENT
The City and the Contractor(individually the"Party"and collectivelythe "Parties"to this
Agreement)agree as follows:
SERVICES PROVIDED
1. The City hereby agrees to engage the Contractor to provide the City with the following
services(the "Services"):
• Contractor shall install a mural on the south-facing wall of the City's Public Works Building
located at 190 Garfield Street,Woodburn,Oregon(the"Property").
• Illustrations depicting the mural concept are attached and incorporated herein as
Exhibit A (the "Mural").
2. Complete installation of the Mural will be no later than June 30, 2024.
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 1 of 13
Monica Milligan -Contractor
18
3. Duties of the Contractor shall also include:
A. Contractor shall be responsible for the quality and coordination of all Services furnished
by Contractor under this Agreement.
B. Contractor shall provide, at its sole expense, all equipment and materials necessary to
perform the Services described in this Agreement.
C. Contractor shall determine the artistic expression and design of the Mural, subject to
periodic review and acceptance by the City with oversight from the City of Woodburn's
Public Arts anclMural Committee.
D. Contractor shall complete the Mural in substantial conformity with the final design
accepted and approved by the City. The Contractor shall not deviate from the approved
final design without the City's prior written approval.
E. If considered necessary for Mural installation planning purposes, Contractor shall confer
with City Building and Engineering staff prior to undertaking any physical work or
installation on the Property.
F. Contractor shall be available with reasonable advance notice for a reasonable number
of meetings required to coordinate design and project implementation, ceremonies and
the like, as necessary.
G. Contractor shall be responsible for employing or engaging all persons necessary to
perform its Services and will abide by all applicable State and Federal laws regarding the
employing or engaging said persons including, but not limited to, tax reporting, anti-
discrimination, and workers compensation.
H. Contractor is engaged as an independent contractor and is responsible for any federal or
state taxes applicable to any payments made under this Agreement.
TERM OF AGREEMENT
4. The term of this Agreement(the "Term")shall commence upon execution of the
Agreement and will remain in full force and effect until the completion of the Services,
which Contractor shall complete no later than June 30, 2024. The Term of this
Agreement may only be extended with the written consent of the Parties.
TERMINATION OF THE AGREEMENT
S. The City may terminate this Agreement if the Contractor fails without cause to complete
the Services by the completion date stated herein. In the event of termination under this
Section, the Contractor agrees to return to the City all payments made to the Contractor,
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 2 of 13
Monica Milligan -Contractor
19
but Contractor shall not be liable for any additional expenses, damages or claims.
COMPENSATION
6. The Contractor will charge the City for the Services as follows(the"Compensation"):
• Total price will be $18,000
• Payment will be made in full upon completion of the mural and receipt of Contractor's
invoice
7. Following City's review and acceptance of the Mural installation by Contractor under this
Agreement, Contractor shall submit an Invoice for the remaining Compensation at the
following email address:Jamie.Johnk@ci.woodburn.or.us. City shall remit payment of
invoiced amounts to Contractor within thirty (30) days of receipt.
8. Except as otherwise provided under Section 5, in the event that this Agreement is
terminated by the City prior to completion of the Services, the Contractor will be
entitled to 30% of the agreed upon compensation, provided that there has been no
breach of contract on the part of the Contractor. If the Mural painting/installation process
has already begun when termination by the City takes place, the Contractor will be
entitled to 60% of the agreed upon compensation.
9. The Contractor will not be reimbursed for any additional expenses incurred in connection
with providing the Services under this Agreement (e.g. travel, supplies, materials, etc.).
PENALTIES FOR LATE PAYMENT
10. Any late payments from City wilI trigger a fee of 3.00% per month on any amount still
owing.
DISCLOSURE OF FEDERAL TAX ID NUMBER
11. Contractor must provide City with Contractor's federal tax ID number. This number is
requested pursuant to ORS 305.385, OAR 125-20-410(3) and OAR 150-305.100. Federal tax
ID numbers provided pursuant to this authority will be used for the administration of state,
federal and local tax laws.
CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
12.Contractor represents and warrants to the City that:
A. It has the power and authority to enter into and perform this Agreement;
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 3 of 13
Monica Milligan -Contractor
20
B. It is registered and in good standing and licensed to do business in the State of Oregon;
C. It is, at all times during the term of this Agreement, qualified, and professionally
competent to perform the Services;
D. The Services to be provided under this Agreement shall be performed in a good and
workmanlike manner and in accordance with professional standards (i.e. free from
defective or inferior materials and workmanship for a minimum of three years);
E. The Mural to be installed under this Agreement is solely the result of the artistic effort
of Contractor; and
F. The Mural artwork is original and does not infringe upon any known copyright or the
right of any person.
13. If within three (3) years of final acceptance of the Mural the City observes any breach of
warranty described in this Section that is curable by the Contractor, the Contractor shall, at
the request of the City, cure the breach promptly, satisfactorily and consistent with
professional conservation standards, at no expense to the City. The City shall give notice to
the Contractor of such breach with reasonable promptness. If such a breach is not curable
by the Contractor, the Contractor shall be responsible for reimbursing the City for damages,
expenses and loss incurred by the City as a result of the breach.
14.These representations and warranties will survive the termination or other
expiration of this Agreement.
CONFIDENTIALITY
15.Contractor, may, in the course of its duties have in its possession sensitive information
relating to internal policy and procedure of the City. All such information is confidential and
unless permitted by the City in writing, Contractor shall not disclose such information,
directly or indirectly, to any party, its counsel or any representatives, or use it in any way,
except as required to perform their duties as requested by the City.
OWNERSHIP & INTELLECTUAL PROPERTY
16. Title of ownership of the Mural artwork shall pass from the Contractor to the City upon final
acceptance by the City. Following acceptance, the City, its employees, agents, and
contractors may undertake activities to maintain, repair, modify, replace, or remove the
Mural should be become damaged, or fall into disrepair, or fail to comply with the codes
and ordinances of the City of Woodburn.
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Monica Milligan -Contractor
21
17. With respect to the City of Woodburn, its officials, employees, agents, and volunteers, the
Artist hereby waives any right that Artist may have under the Visual Artists' Rights Act, 17
U.S.C. §§ 106, 106A, and 113, as amended ("VARA"), and any successor statutes, related to
the Mural described in this Agreement.
18. The Contractor shall retain copyright in and to the Mural artwork under the Copyright Act of
1976, 17 U.S.C., Section 101, et seq., as the sole author of the Mural.
19. Contractor grants to the City and its assigns an irrevocable and exclusive license to make
two dimensional reproductions of the artwork for non-commercial purposes, including but
not limited to reproductions used in advertising, brochures, media publicity and catalogues
or other publications. City shall, to the best of its ability, ensure that any reproductions of
the artwork contain a credit to the Contractor as the original artist.
20. In view of the intention that the final Mural artwork be unique, Contractor shall not make
any additional duplicate reproductions of the final artwork, nor shall the Contractor grant
permission for other to do so except with the written permission of the City. However,
nothing herein shall prevent the Contractor from creating future artwork in the artist's
manner and style of artistic expression.
MAINTENANCE & CONSERVATION
21.The City assumes all maintenance responsibilities and conservation costs from the time
that it completes acceptance under this Agreement. The City assumes to maintain the
Mural by respecting the Contractor's specific instructions and will endeavor to protect the
Mural from deterioration other than that caused by normal wear.
22. If, after the City accepts the Mural, it is damaged in any way, the City shall undertake the
following steps: (i) notify the Contractor immediately, specifying the nature of the damage
caused; and (ii) if practicable, agree with the Contractor on measure to be taken to repair
and/or restore the Mural.
CAPACITY/INDEPENDENT CONTRACTOR
23. In providing the Services under this Agreement it is expressly agreed that the Contractor
is acting as an independent contractor and not as an employee of the City. The
Contractor and the City acknowledge that this Agreement does not create a partnership
or joint venture between them,and is exclusively a contract for service.The City is not
required to pay,or make any contributions to, anysocial security, local,state or federal
tax, unemployment compensation, workers' compensation, insurance premium, profit-
sharing, pension or any other employee benefit for the Contractor during the Term.The
Contractor is responsible for paying, and complying with reporting requirements for, all
local, state and federal taxes related to payments made to the Contractor under this
Agreement.
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22
INDEMNIFICATION
24. To the extent permitted by applicable law, each Party agrees to indemnify and hold
harmless the other Party, and its respective affiliates, officers, agents, employees, and
permitted successors and assigns against any and all claims, losses, damages, liabilities,
penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or
amount whatsoever, which result from or arise out of any act or omission of the
indemnifying party,its respective affiliates,officers,agents,employees,and permitted
successors and assigns that occurs in connection with this Agreement.This
indemnification will survive the termination or other expiration of this Agreement.
INSURANCE
25. Contractor shall provide insurance as indicated on Exhibit B, attached hereto and by this
reference made a part hereof.
FORCE MAJEURE
26. Neither the City, nor Contractor shall be held responsible for delay or default caused by fire,
riot, acts of God, or war where such cause was beyond the reasonable control of the City or
Contractor, respectively. Contractor shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon the cessation of the cause,
diligently pursue performance of its obligations under this Agreement.
ASSIGNMENT
27. City has selected Contractor based on its reputation and specialized expertise. Contractor
shall not enter into any subcontracts for any of the Services required by this Agreement, or
assign or transfer any of its interest in this Agreement without City's prior written consent.
28. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the
parties hereto, and their respective successors and permitted assigns, if any.
NOTICE
29. All notices, requests, demands or other communications required or permitted by the
terms of this Agreement will be given in writing and delivered to the Parties at the
following addresses:
A. City of Woodburn
Attn:Jamie Johnk, Economic Development Director
270 Montgomery St, Woodburn, OR 97071
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 6 of 13
Monica Milligan -Contractor
23
B. Monica Milligan
17853 SW Wakem St, Beaverton Or 97003
ma_milligan.artist@yahoo.com
Or to such other address as either Party may from time to time notify the other and will be
deemed to be properly delivered: (i) immediately upon being served personally; (ii)three days
after being deposited with the postal service if served by registered mail; or(iii)the following
day after being deposited with an overnight courier.
COMPLIANCE WITH APPLICABLE LAWS
30. To the extent applicable, Contractor shall:
A. Comply with all state and local tax laws, including, but not limited to, ORS 305.620 and
ORS chapters 316, 317, and 318.
B. Comply with all federal, state, and local civil rights and rehabilitation laws prohibiting
discrimination based on race, color, sex, national origin, English proficiency, religion,
age, disability, income, sexual orientation, or gender identity.
C. Be subject to Oregon Workers' Compensation Law, which requires all employers that
employ subject workers who work under this Contract in the State of Oregon to comply
with ORS 656.017 and provide the required workers' compensation coverage, unless
such employers are exempt under ORS 656.126. Contractor shall ensure that each of its
subcontractors, if any, complies with these requirements.
D. Use recyclable products to the maximum extent economically feasible in the
performance of the contract.
E. Pay employees for overtime work performed under the contract in accordance with ORS
653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29USC201 et. seq.).
F. Comply with all other provisions of ORS Chapters 279A and 279B relating to public
contracts. ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235 are
incorporated into the Agreement by this reference and made binding on the parties.
GOVERNING LAW
31. This Agreement will be governed by and construed in accordance with the laws ofthe
State of Oregon.
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Monica Milligan -Contractor
24
SEVERABILITY
32. In the event that any of the provisions oft his Agreement are held to be invalid or
unenforceable in whole or in part,all other provisions will nevertheless continue to be
valid and enforceable with the invalid or unenforceable parts severed from the
remainder of this Agreement.
MERGER CLAUSE; WAIVER
33. This Agreement and attached exhibits constitute the entire agreement between the parties
on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No waiver,
consent, modification or change of terms of this Agreement 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. The failure
of the City to enforce any provision of this Agreement shall not constitute a waiver by the
City of that or any other provision.
[Signature Page to Follow]
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Monica Milligan -Contractor
25
CONTRACTOR DATA, CERTIFICATION AND SIGNATURE
(please print or type)
Name (tax filing): Address:
Email: Phone#:
Facsimile#:
Social Security#:
or State Tax ID#:
Federal Tax ID#:
Citizenship, if applicable: Non-resident alien [ ] Yes [ ] No
Business Designation (check one):
[ ] Corporation [ ] Sole Proprietorship [ ] Limited Partnership
[ ] Limited Liability Partnership [ ] Partnership [ ] Limited Liability Company
Above payment information must be provided prior to Contract approval. This information
will be provided to the Internal Revenue Service (IRS) under the name and taxpayer ID
number submitted. Information not matching IRS records could subject Contractor to 31
percent backup withholding.
Certification and Execution:
Contractor, by execution of this contract, hereby acknowledges that contractor has read this
contract, understands it, and agrees to be bound by its terms and conditions.
The Contractor hereby certifies that: (a) the number shown on this form is Contractor's correct
taxpayer ID and (b) Contractor is not subject to backup withholding because (i) Contractor is
exempt from backup withholding or(ii) Contractor has not been notified by the IRS that
Contractor is subject to backup withholding as a result of failure to report all interest or
dividends, or(iii) the IRS has notified Contractor that Contractor is no longer subject to backup
withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and
knowledge regarding Contractor's payment of taxes, and to the best of her/his knowledge,
Contractor is not in violation of any Oregon tax laws (including, without limitation, those listed
in Exhibit B); (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) the
above Contractor data is true and accurate.
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Monica Milligan -Contractor
26
Signed by the Contractor:
Monica Milligan
Monica Milligan Date
Accepted and Signed by the City:
City of Woodburn
Scott Derickson Date
City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Email: Scott.Derickson@ci.woodburn.or.us
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 10 of 13
Monica Milligan -Contractor
27
EXHIBIT A
COMMISSIONED ARTWORK ILLUSTRATIONS
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 11 of 13
Monica Milligan -Contractor
28
PROPOSAL:
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Project Overview:
- The mural will prominently feature the word "Woodburn" in large font with a welcoming
introduction.
- The design will incorporate key elements representing Woodburn's identity, including the Tulip
Festival, soccer, abundant berries and nurseries, azalea production, native wildlife, and the
cultural significance of the Woodburn Fiesta Mexicana.
- The mural will be set against a scenic backdrop of Woodburn's natural beauty.
Technical Details:
- The mural will be a full wall installation directly adhered to the surface.
- Quality grade spray paint will be the primary material, with minimal brush work for fine details
(if necessary, using exterior acrylic paint).
- Dimensions: Approximately 44 feet in length, 19 feet in height.
- Completion Time: 13 days (weather permitting).
- Lower portion: 8 days (completed on flat foot, step stool, and extension ladder).
29
- Upper portion: 5 days (using a 34 ft Articulating Boom Lift Electric)
Material Budget:
- Spray paint, exterior acrylic paint, brushes, spray caps, drop cloths, and miscellaneous
supplies such as tape, stencil: $700.
- Rental of boom lift: $1,000.
Maintenance and Upkeep:
- Artist offers maintenance for up to ten years while residing in Oregon, with reimbursement for
travel expenses only.
- No additional fees for upkeep.
- Vandalism or tagging will be addressed on a case-by-case basis, with collaboration between
the artist and appropriate city authorities to resolve.
Preservation and Alterations:
- Sealer is not required and is optional.
As a professional painter, I typically refrain from sealing spray painted works in order to facilitate
touch-ups if necessary in the future. However, the decision to seal it will be determined by the
client and remains an optional choice. Should the client opt for the mural to be sealed, an
additional fee of$300 will be added to the budget to cover this service.
Paints utilized for the mural will possess UV and weather-resistant properties.
-Before any party makes alterations, the cause of deterioration will be determined and
corrected, with consultation from the original artist.
(This is to honor moral rights and ensure accurate preservation if for instance another party is
asked to fix, change or add on to the mural.)
Total Cost Estimate:
- Mural Installation Fee: $14,440
Breakdown: Artist time and labor at$15 per sq foot x836 sq ft: includes high level of detail,
many moving parts/ multiple subjects
- Materials: $700
- Lift Rental: $1,000
- Travel Expenses: $200
(sealer not included in total installation fee)
Thank you for considering this proposal.
30
Letter of Interest:
Monica Milligan
17853 SW Wakem St, Beaverton Or 97003
mamilligan.artist@yahoo.com
503-995-5773
Sample work: inserted picture on google doc
I am writing to express my interest in the Annex mural opportunity. As a long-standing resident
of Oregon, Woodburn offers a neighborly spirit with its natural beauty and diversity which I
would love to highlight.
Having had the opportunity of experiencing various cultures and working within diverse
community settings, I believe I bring a valuable perspective to this project. My background in
creating large-scale mural artwork further enhances my qualifications for this project.
I am confident that my passion for art and community, combined with my experience in mural
creation, aligns with the objectives.
Thank you for considering my application. I look forward to the possibility of collaborating on this
project and contributing to the continued enrichment of the city of Woodburn.
Sincerely, Monica
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Artist Statement:
Originally from the Midwest, my artistic journey has taken me from there to the beautiful state of
Oregon. Along the way though, I've had the opportunity to immerse myself in the rich cultures of
Costa Rica, the Philippines, and Singapore, thanks to family ties. These experiences have a
major influence on my artistic perspective.
With over 25 years of personal art development and a decade of professional practice, my style
is a fusion of bold, vibrant colors and intricate detailing. This blend creates works that offer
depth and saturation that are eye-catching. I use my cultural influences in my art expression as
well as nostalgic references from my childhood. I also enjoy painting people and nature. As my
portfolio evolves, my mural work stems from a desire to leave a mark on communities through
storytelling, hoping to inspire.
Also coming from a diverse background, I find a natural connection with individuals from
different walks of life. Art I believe is a universal language with no boundaries, allowing
meaningful connections. Currently, my focus is on leveraging my art as a means to give back,
whether through mentorship, collaborative community endeavors, or nurturing our youth and
fostering those experiences.
32
Resume:
Monica Milligan
17853 SW Wakem St, Beaverton Or 97003
mamilligan.artist@yahoo.com
503-995-5773
www.mamartworks.com
Objective:
Dedicated and versatile visual artist with extensive experience in various painting techniques
and styles, including aerosol spray paint, acrylic, sketch pencil, chalk pastel, and digital art.
Experienced in portraiture paintings, abstract art, pop art, still life, surrealism, modern art.
Proven track record of successful collaboration and mentorship in both community outreach,
public works and educational settings.
Professional Experience:
Independent Painting Instructor and Event Coordinator for multiple partnered public and private
venues.
Partnered Public Venues:
Tualatin Valley Estate Winery
Forest Grove, Or
2017-current
Additional Public Venues:
Malones Ale House
Hillsboro, Or
2018-current
Senet Game Bar
Tigard, OR
2023
CopperMountain Ale Works
Tigard, 2023
33
Tigard Tap House
2022
- Instructed and coordinated paint classes in public and private settings, demonstrating
expertise in acrylic painting and other techniques.
- Mentored and taught painting to children in need, fostering their artistic development and
self-expression.
- Collaborated with my son on community outreach projects, including mural work.
Exhibitions:
- Raw Artist
- Art Splash Tualatin
- Hillsboro Farmers Market
- Leaves and Laces Sneaker Week
- Pancake&Booze
- Trapxart
- Abby Creek Winery
-Tigard Art Walk Public Art Installation
Painting Class Highlights:
- SPARC 6 Week Canvas Painting Course, Five Oaks Middle School, Beaverton, OR (April -
May 2017)
- Children's Miracle Network Fundraising Paint Night Event, Malones Ale House, Beaverton, OR
(June 2019)
- Ascending Flow Foster Alumni Art Class, Portland, OR (2020)
- Positive Wave Feel Good Look Good Event for Young Men, Alberta Street Pub, Portland, OR
(10/30/2021)
- Uplifting Youth Voices 8 Week Intro to Acrylic Canvas Painting and Mural Program, Portland,
OR (June 2022)
Mural Highlights:
- "Water Wall," Foster Alumni Drop in Center, Mill Park Center, Portland, OR (Dec 2020)
- "World Trade Center Clean Up Project," Portland, OR (Summer 2020)
- "Good Neighbor Center Tree of Life," Resident mural for homeless families, Tigard, OR (Sept
2019)
34
- "Good Neighbor Center Outdoor Play Area," Tigard, OR (April 2021)
- "Old Man Winter," Tribute mural for public figure, Newport, OR (Aug 2021)
- "Braking Cycles," Mural project for at risk youth, Portland, OR (Oct 2021)
- "Uplifting Youth Voices" Mural Program, Portland, OR (June/July 2022)
Fundraisers/Charity Events:
- Baseball Beyond Borders Program Fundraiser, Seattle, WA (September 2017)
- Practice Facility Fundraising Event, Tigard, OR (Nov 2017, 2018)
- Canvas Painting Gifted to singer/song writer Garth Brooks for his contribution working with
children in need with his Teammates for Kids foundation, Tacoma, WA (Dec 2017)
Apprenticeship/Education:
- Mandatory training PPS Contractor (2022-2024)
- Equity in the Arts Mural Program, Chattanooga, TN (2017)
- Cartooning & Caricatures under award-winning artist Alan Schmertlzer, High School (2002)
References:
April Burgett
Havana Chamber of Commerce
217-722-3917
aburgeft9801@gmail.com
(City of Havana mural grant program, city murals 2023,
https://www.historichavanaillinois.com/public-art--downtown-murals.html)
Selena
Tigard Downtown Alliance
503-679-0608
stumptownmama@gmail.com
u..DA@expUoredowratowntgard.org
(electrical boxes mural project for city of Tigard Art Walk 2023, Fanno Creek Trail city bench
mural project 2023)
Dunja
Vibe PDX
503-320-5600
music@vibepdx.org
35
(Uplifting Youth Mural program and public mural installation for PPS students assisted by RACC
summer 2022)
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Greeting from Havana mural spray paint mural
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Uplifting Youth Voices mural created by myself and children, spray paint, acrylic bucket paint
40
EXHIBIT B
INSURANCE
During the term of this Contract, Contractor shall maintain in force at its own expense,
insurance as noted below:
1. Workers' Compensation insurance in compliance with ORS 656.017, which requires
subject employers to provide Oregon workers' compensation coverage for all their subject
workers (contractors with one or more employees, and as defined by ORS 656.027);
2. [ ] Required by the City [ X ] Not required by the City
Professional Liability insurance with a combined single limit, or the equivalent, of not
less than [ ] $500,000, [ ] $1,000,000 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.
3. [X] Required by the City [ ] Not required by the City
General Liability insurance with combined single limit, or the equivalent, of no less than
$1,000,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual
liability coverage for the indemnity provided under this Contract. It shall provide that the City of
Woodburn and their divisions, officers and employees are Additional Insureds but only with
respect to the Contractor's services to be provided under this Agreement.
4. [ ] Required by the City [ X ] Not required by the City
Automobile Liability insurance with a combined single limit, or the equivalent, of not
less than [ ] Oregon Financial Responsibility Law(ORS 806.060), [ ] $200,000, [ ] $500,000, [
] $1,000,000 each accident for Bodily Injury and Property Damage, including coverage for
owned, hired or non-owned vehicles, as applicable.
5. Notice of cancellation or change. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s) without 30 days written
notice form the Contractor or its insurer(s) to the City.
6. Certificates of insurance. As evidence of the insurance coverages required by this
Agreement, the Contractor shall have on file and furnish upon request acceptable insurance
certificates to the City prior to commencing the work. The certificate will specify all of the
parties who are Additional Insureds. Insuring companies or entities are subject to State
acceptance. If requested, complete policy copies shall be provided to the State. The Contractor
shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 12 of 13
Monica Milligan -Contractor
41
EXHIBIT C
CERTIFICATION STATEMENT FOR INDEPENDENT CONTRACTOR
(All Contractors are required to complete Exhibit C unless they are registered as a Corporation)
Oregon Revised Statute (ORS) 670.600 provides a standard definition of"independent
contractor" to be used by certain Oregon agencies. The City will rely on the factors provided in
ORS 670.600 to verify Contractor's independent contractor status.
To be considered an "independent contractor", Contractor must: Provide services for
remuneration and be free from direction and control over the means and manner of providing
its services and be engaged in an "independently established business."
Contractor is considered to be engaged in an "independently established business" if three of
the following requirements are met (check all that apply):
❑ A.The labor or services are primarily carried out at a location that is separate from
Contractor's residence or is primarily carried out in a specific portion of the Contractor's
residence, which is set aside as the location of the business.
❑ B. Contractor assumes financial responsibility for defective workmanship related to the
business or services (as evidenced by the ownership of performance bonds, warranties, errors
and omission insurance or liability insurance relating to the services to be provided).
❑ C. Contractor has provided contract services for two or more different people in the last
twelve (12) month period.
❑ D. Contractor routinely engages in business advertising, solicitations, or other marketing
efforts.
❑ E. Contractor makes a significant investment in the business (as evidenced by
purchasing tools and/or equipment, paying for the premises or facilities where services are
provided, or paying for all required licenses and/or certificates).
❑ F. Contractor has the authority to hire other persons to provide or assist in providing the
services (and has the authority to fire those persons).
Contractor Signature: Date:
PUBLIC ARTS AND MURAL COMMITTEE SERVICES AGREEMENT Page 13 of 13
Monica Milligan -Contractor
42