ATTACHMENT E General Services Contract Template~4.docx

CITY OF REDMOND SERVICES CONTRACT

CONTRACT NO. ________________ PROJECT NO. _________________

This Contract is between the City of Redmond, Oregon (City) and (Contractor). The parties agree as follows:

1. TERM: The effective date of this Contract shall be . Contractor shall commence work to be performed within one week of issuance of the Notice to Proceed. Unless earlier terminated or extended as provided in the Contract Documents, the completion date shall be , 20 as defined in the bid documents, or herein incorporated.

2. CONTRACT DOCUMENTS: The Contract Documents include, the Contract and its Exhibits as listed in the chart below. In the event of a conflict between or among the terms of this Contract and any proposal, bid document, standards and specifications and/or request for proposals, the following order of precedence shall prevail: (a) this Contract; (b) the Attachments to this Contract; (c) the request for proposal; (d) the proposal and/or bid documents. Nothing in this Contract shall be considered as an acceptance of the terms of a proposal if the terms of the proposal conflict or are otherwise incompatible with the terms contained in this Contract and its attachments or in the City’s request for bids or proposals.

X

X

X

X

Contractors Proof of Insurance (COI & Endorsements)

X

3. SERVICES: Contractor will provide and/or perform the following services described below (collectively, the “Services”). Work on any additional services will require written authorization from the City. ______________________________ _____________________________________________________________________________________________ Additional details for Services are found in Exhibit 1 Statement of Work.

☐ Schedule. Notwithstanding anything contained in this Contract to the contrary, Contractor will perform the Services in accordance with this Contract and the schedule provided in the attached Exhibit 1. The Services will be completed expeditiously, in a timely manner, and no later than ,20.

☐ On Call – Request for Services. Subject to the terms and conditions contained in this Contract, Contractor will perform those Services requested by the City from time to time. Upon the City’s identification of any requested Services, the City will provide Contractor written notice (the “Request for Services”) containing a general description of the requested Services and schedule for completion of the Services. Within 10 days after the City’s delivery of a Request for Services, Contractor will provide the City written notice confirming whether Contractor will provide the Services requested under the Request for Services. If Contractor is willing to perform the requested Services, Contractor will provide the requested Services in accordance with and subject to this Contract and the applicable Request for Services. If Contractor timely notifies the City that Contractor is unable to provide the requested Services, Contractor will have no obligation to provide the requested Services. Contractor will provide all Services Contractor has committed to provide under this Contract timely and in accordance with the applicable schedule.

4. PAYMENT: The City shall pay contractor as set out in Exhibit 1, based on time and materials for work performed as set forth in the Contract Documents, but the total payment under this Contract shall not exceed ________________.

4.1. Contractor will submit a monthly invoice to the City for Services completed during the preceding month (an “Invoice”). Each Invoice will contain (or be accompanied by): (a) the total percentage of completion for each portion of the Services as of the end of the period covered by the Invoice; (b) the current Schedule; (c) remaining bid or Change Order quantities and amounts to be billed; (d) certified payroll reports from Contractor and any subcontractors (if prevailing wage is required by the Laws).

4.2. Contractor shall reference the Contract Number on Invoice and will be billed to the City of Redmond 411 SW 9th St, Redmond, OR 97756. Invoice will be emailed to: apinvoices@redmondoregon.gov. If an Invoice is delivered on a non-business day, the Invoice shall be considered received on the next day the City’s Finance Department is open for business.

5. INDEPENDENT CONTRACTOR: Contractor, for the purpose of this Contract, shall be considered an independent contractor. As an independent contractor, Contractor agrees as follows:

5.1. Contractor will be solely responsible for payment of Federal or State taxes required as a result of this Contract;

5.2. Contractor is not entitled to any benefits generally granted to the City employees; Contractor is solely liable for any Workers Compensation coverage under this Contract.

5.3. Contractor is responsible for maintaining worker’s compensation insurance in accordance with Oregon Workers’ Compensation law.

6. CONTRACTOR NOT AN AGENT OF THE CITY: It is agreed by and between the parties that Contractor is not carrying out a function on behalf of the City, and the City does not have the right of direction or control of the manner in which Contractor delivers services under this Contract or exercise any control over the activities of Contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265.

6.1. This Contract does not entitle the Contractor nor any of its Agents to any benefits generally granted to the City employees. Without limitation, the benefits which are not intended to be extended by this Contract are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, Social Security, Workers' Compensation, unemployment compensation, or retirement. Contractor shall be responsible for all federal or state taxes applicable to compensation or payment paid to Contractor under this Contract.

7. PARTNERSHIP: The City is not, by virtue of this Contract, a partner or joint venturer with Contractor in connection with activities carried out under this Contract and shall have no obligation with respect to Contractor’s debts or any other liabilities of each and every nature.

8. INSURANCE: Requirements are detailed in Exhibit 2. If Contractor at any time during the Contract Term should fail to secure or maintain insurance required in Exhibit 2, the City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and may deduct the cost of such insurance, plus a ten percent (10%) administrative fee or shall otherwise be compensated by the Contractor for the costs of the insurance premiums plus ten percent at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

9. INDEMNIFICATION HOLD HARMLESS: Contractor shall defend, save, hold harmless and indemnify the City and its officers, directors, agents, employees and volunteers from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Agreement. Neither party shall be liable to the other for any incidental or consequential damages arising out of or related to this Agreement. Neither party shall be liable for any damages of any sort arising solely from a lawful termination of this Agreement or any part hereof in accordance with its terms.

9.1. The Contractor agrees to indemnify and save harmless the City from any and all defects appearing or developing in the materials furnished and the workmanship performed under this Contract for a period of one year after the date of acceptance of the work in the Contract by the City.

10. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide commercial general and automotive liability insurance, Contractor shall look solely to its own insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing commercial general and automotive liability insurance to either Contractor or the City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

11. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a the City Business License, which may be required in connection with the performance of services hereunder.

12. PREFERENCE FOR RECYCLED MATERIALS (ORS 279A.125): Contractor will use where applicable, recycled materials if (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable non-recycled product; and (d) The recycled product’s costs do not exceed the costs of non-recycled products by more than five percent (5%).

13. TERMINATION: The parties may terminate this Contract as follows:

13.1. At any time by mutual written consent of both parties.

13.2. The City may, at its sole discretion, terminate the Contract for its convenience, in whole or in part, upon thirty (30) days’ notice, in writing and delivered by certified mail or in person.

13.2.1. If the City terminates the Contract for its convenience, the City will pay Contractor for completed Services in accordance with the Contract Documents prior to the effective date of termination, however the City is not required to pay Contractor for loss of anticipated profits or revenues or other economic loss arising out of or related to the City’s termination.

13.2.2. If the City terminates this Contract and a court, arbitrator or other body with jurisdiction to consider the City’s termination determines that the termination was unlawful or improper, the City’s termination, to the maximum extent permitted by law, will be treated as a termination for the City’s convenience

13.3. The City may terminate the Contract, effective upon delivery of written notice to the Contractor, or at such later date as may be established by the City under any of the following conditions:

13.3.1. The City funding is not obtained or continued at levels sufficient to pay for Contractor’s Services. The Contract may be modified to accommodate a reduction in funds.

13.3.2. If federal, state or the City 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.

13.3.3. If any license or certificate required by law, regulation or this Contract, including insurance, to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, or not renewed.

13.3.4. Any termination of this Contract shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination.

13.3.5. The City by written notice of default (including breach of contract) to the Contractor may terminate the whole or any part of this Contract:

13.3.5.1. If the Contractor fails to provide services called for by this Contract within the time specified or any extension of the Contract, or

13.3.5.2. If the Contractor fails to perform any of the other provisions of this Contract, or so fails to pursue the Services as to endanger performance of this Contract in accordance with its terms, and alter receipt of written notice from the City, fails to correct such failures within 10 days or such longer period as the City may authorize.

13.3.5.3. Contractor is subject to periodic criminal background investigations by the City and, if such investigations disclose criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract.

13.4. Contractor may terminate this Contract upon 30 days’ written notice to the City if the City fails to pay Contractor pursuant to the terms of this Contract and the City fails to cure within 30 business days after receipt of Contractor’s notice, or such longer period of cure as Contractor may specify in the notice.

14. DRUGS AND ALCOHOL: Contractor shall enforce a zero tolerance as to dealing, possession, or use of drugs or alcohol by Contractor or its employees, subcontractors and agents while performing work under this contract, while on the Worksite, or traveling to and from the Worksite.

15. CRIMINAL BACKGROUND INVESTIGATIONS: Contractor understands that Contractor is subject to periodic criminal background investigations by the City and, if such investigations disclose criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract and the City may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the City.

16. DELEGATION, SUBCONTRACTS AND ASSIGNMENT: Contractor shall not delegate or subcontract any of the work required by this Contract or assign or transfer any of its interest in this Contract, without the City’s prior written consent.

16.1. Any delegation, subcontract, assignment, or transfer without prior written consent of the City shall constitute a material breach of this Contract.

16.2. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the City may deem necessary.

16.3. No approval by the City of any assignment or transfer of interest shall be deemed to create any obligation of the City to increase rates of payment or maximum Contract consideration.

16.4. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services which are incidental to the provision of services under this Contract that are necessary for the performance of the work.

16.5. Any subcontracts that the City may authorize shall contain all requirements of this Contract, and the Contractor shall be responsible for the performance of the subcontractor.

17. NON-DISCRIMINATION: Contractor agrees that it shall not discriminate on the grounds of race, color, creed, national origin, sex, marital status, age, or disability in Contractor’s performance of this Contract. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Pub L No. 101-336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. Contractor agrees to comply with ADA in its employment and nondiscrimination practices, and that it shall perform its contractual obligations consistent with ADA federal requirements/regulations, state disability and accessibility law and requirements, and applicable regulations and administrative rules established pursuant to those laws.

18. [Include in federally-funded projects]SUSPENSION AND DEBARMENT: Contractor will comply with Subpart C of 2 C.F.R. 180 and Subpart C of 2 C.F.R. 1532 regarding debarment and suspension of persons participating in federally-funded contracts. By execution of this Contract, Contractor certifies that neither Contractor, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. Contractor further agrees that it will include this provision, without modification, in all lower tier contracts and subcontracts expected to equal or exceed $25,000.00. Contractor will provide immediate written notice to the City if at any time Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Contractor agrees it will not knowingly enter into any lower tier covered transaction with a person who is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. Contractor further agrees that it will include this section, without modification, in all lower-tier contracts and subcontracts expected to equal or exceed $25,000.00. Contractor is responsible for ensuring that any lower-tier contract or subcontract complies with these requirements. Contractor acknowledges that failing to disclose the required information in the Code of Federal Regulations may result in the delay or negation of applicable federal funding, or pursuit of legal remedies against Contractor, including suspension and debarment. Contractor must run a search on all qualifying subcontractors in https://www.sam.gov/, and retain the results of completed searches to document proof of compliance.

19. OWNERSHIP OF WORK: All work of Contractor that results from this Contract (the “Work Product”) is the exclusive property of the City. The City and Contractor intend that such Work Product be deemed “work made for hire” of which the City shall be deemed author.

20. GOVERNING LAW/JURISDICTION: This Contract is executed in Redmond, Oregon. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “Claim”) between the City and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Any trial arising out of or related to this Contract will be presented to the court without a jury. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE PERSONAL JURISDICTION OF SAID COURTS.

21. FORCE MAJEURE: Neither party to this Contract shall be liable to the other party for delays in performing the Work or for the direct or indirect cost resulting from such delays that may result from strikes, riots, war, acts of governmental authorities, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party.

22. WAIVER: The City’s delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.

23. ATTORNEY FEES: If a suit or action is filed to enforce any term of this Contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum that a court, including any appellate court, may adjudge reasonable as attorney’s fees.

24. SEVERABILITY: If any term or provision of this Contract is declared illegal or in conflict with any law by a court of competent jurisdiction, 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 Contract did not contain the particular term or provision held to be invalid.

25. REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES: Each person signing this Contract represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Contract. Each party represents and warrants to the other that the execution and delivery of the Contract and the performance of such party's obligations hereunder have been duly authorized and that the Contract is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

26. NOTICE: Any notices required under this Contract shall be effective when received at the following addresses:

CITY: 411 SW 9th Street, Redmond, Oregon 97756

CONTRACTOR: ______________

Construction Contractors Board license #: _______________

Is Contractor a nonresident alien? ☐ Yes ☐ No

Federal Tax ID# or Social Security #: __________________

Business Designation (check one):

Page 3 of 5 –General Services Contract No.______ Rev 3/23/23 ☐ Corporation-for profit ☐ Corporation-non-profit ☐ Sole Proprietorship ☐ Other ____________________ ☐ Partnership

IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first above written.

CITY OF REDMOND CONTRACTOR

By: Authorized Signature, and title By: Authorized Signature, and title

ATTEST:_______________________

City Recorder – Kelly Morse

INSURANCE REVIEWED ________

EXHIBIT 1

STATEMENT OF WORK, COMPENSATION

and PAYMENT TERMS

1. Contractor shall perform the following work:

A.

B.

C. .

D.

2. CITY Services. City shall provide Contractor, at City's expense, with material and services described as follows:

A.

3. Consideration.

EXHIBIT 2 INSURANCE and BOND

CITY OF REDMOND SERVICES CONTRACT

The Contractor shall at all times maintain, in force, at Contractor’s expense, each insurance noted below. Insurance coverage must apply on a primary and non-contributory basis. All insurance policies, except Professional Liability, shall be written on an occurrence basis and be in effect for the term of this contract. Policies written on a “claims made” basis must be approved and authorized by the City of Redmond.

Contractor Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors to provide workers’ compensation coverage for all subject workers, or provide certification of exempt status. Employers' Liability Insurance with coverage limits of not less than $500,000 must be included.

Professional Liability insurance with an occurrence combined single limit of not less than:

Professional Liability insurance covers damages caused by error, omission, or negligent acts related to professional services provided under this Contract. The policy must provide extended reporting period coverage, sometimes referred to as “tail coverage” for claims made within two years after this contract is completed.

☐ Required by City ☐ Not required by City

Commercial General Liability insurance with a combined single limit of not less than:

Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed operations and contractual damages. By separate endorsement, the policy shall name The City of Redmond, its agents, directors, officers, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the City are maintained. Construction contracts may include aggregate limits that apply on a “per location” or “per project” basis.

☐ Required by City ☐ Not required by City ☐ Per Location or Project required

Automobile Liability insurance with a combined single limit of not less than:

Per Occurrence ☐ $500,000 ☐ $1,000,000 ☐ $2,000,000

Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include: plumbers, electricians or construction contractors. An Example of an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles registered to the business.

☐ Required by City ☐ Not required by City

Pollution Liability (including Asbestos Liability) with a combined single limit of not less than:

Pollution Liability insurance including Asbestos Liability. When hazardous material is encountered during construction, the General Contractor/Project Manager must be notified immediately, and for work done to remove it, any Contractor performing work shall obtain and keep in effect during the term of their contract with contractor, Pollution Liability Insurance, including Asbestos Liability Insurance, covering the subcontractor’s liability for bodily injury, property damage, and environmental damage resulting from “sudden accidental” or “gradual” pollution and related cleanup costs incurred by the subcontractor, all arising out of the work or services (including the transportation risk, when applicable) to be performed under.

☐ Required by City ☐ Not required by City

Additional Requirements: Contractor shall pay all deductibles and retentions. A cross-liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor’s insurance coverage will be primary in the event of loss. Contractor’s insurance policy must provide a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance.

Certificate of Insurance Required: Contractor shall furnish a current Certificate of Insurance to the City with the signed Contract. Contractor shall provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without at least 30 days written notice from the Contractor to the City. The Certificate shall also state the deductible or, if applicable, the self-insured retention level.

No contract shall be effective until the required certificates have been received and approved by the City of Redmond. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the City of Redmond 10 days prior to coverage expiration.

For commercial general liability coverage, by separate endorsement, the policy shall name “The City of Redmond, its officers, agents, directors, employees and volunteers as an additional insured”, (endorsement must be provided). Insurance coverage must apply on a “primary and non-contributory coverage”, (endorsement must be provided). All endorsements must be in a format acceptable to The City of Redmond.

Insurance Carrier Acceptability: Insurance coverage provided to the City of Redmond by the contractor will be in an acceptable form and underwritten by an insurance company deemed acceptable by the City of Redmond. The City of Redmond reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. The City of Redmond has the sole authority and discretion to determine the acceptability of an insurance carrier's financial rating and the form of policies and endorsements.

If requested, complete copies of the contractor’s insurance policies shall be provided to the City.

All bonds will be in a format acceptable to the City and be provided by a company authorized to do business in Oregon.

Contractor Signature Date

EXHIBIT 3

City of Redmond Workers’ Compensation Coverage Contractor provides Workers’ Compensation coverage for employees performing under this contract as provided under ORS Chapter 656. Insurer __________________________ Policy # ________________________

Contractor Printed Name Contractor Signature

Workers’ Compensation Exemption (To be used only when Contractor claims to be exempt from the requirement to obtain workers’ compensation insurance under ORS Chapter 656).

If contractor is exempt from obtaining Workers’ Compensation insurance for the following reason (check the appropriate box):

☐ SOLE PROPRIETOR

· Contractor is a sole proprietor, and

· Contractor has no employees, and

· Contractor shall not hire employees 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

· The officers and directors shall perform all work. Contractor shall not hire other employees 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 shall not hire employees to perform this contract.

☐ PARTNERSHIP

· Contractor is a partnership, and

· Contractor has no employees, and

· All work shall be performed by the partners; Contractor shall not hire employees 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 shall be performed by the members; Contractor shall not hire employees to perform this contract, and

· If Contractor has more than one member, 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.

*NOTE: Under OAR436-50-050 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.

EXHIBIT 4

CERTIFICATION STATEMENT FOR CORPORATION

OR INDEPENDENT CONTRACTOR

*****NOTE: Contractor Shall Complete A or B (but NOT both) in addition to C below*****

A. CONTRACTOR IS A CORPORATION, LLC, OR A PARTNERSHIP; (fill out A and skip to C) I certify under penalty of perjury that Contractor is a [check one]:

☐ Corporation ☐ Limited Liability Company ☐ Partnership authorized to do business in the State of Oregon.

Signature Title Date

B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.

Contractor certifies under penalty of perjury that the following statements are true:

1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and state income tax returns last year in the name of the business (or filed a Schedule C in the name of the business as part of a personal income tax return), and

2. Contractor represents to the public that the labor or services Contractor provides are provided by an independently established business registered with the State of Oregon, and

3. All of the statements checked below are true.

NOTE: Check all that apply. You shall check at least four (4) - to establish that you are an Independent Contractor.

☐ A. The labor or services I perform is primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence that is set aside as the location of the business.

☐ B. I purchase commercial advertising, or I have business cards for my business, or I am a member of a trade association.

☐ C. My business telephone listing is separate from my personal residence telephone listing.

☐ D. I perform labor or services only under written contracts.

☐ E. Each year I perform labor or services for at least two different persons or entities.

☐ F. I assume financial responsibility for defective workmanship or for service not provided by purchasing performance bonds, errors and omission insurance or liability insurance, or providing warranties relating to the labor or services I provide.

Contractor Signature Date

C. REPRESENTATION AND WARRANTIES.

Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor’s knowledge:

1. Contractor has the power and authority to enter into and perform this Contract;

2. This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms;

3. The services under this Contract shall be performed in manner consistent with and in accordance with the professional standards of the industry and in a timely manner using the schedule, materials, plans and specifications approved by City; and

4. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the services.

5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4),

6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any consideration and payments paid to Contractor under this Contract; and

7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any required subcontracts.

Contractor Signature Date