Regional Arts & Culture Council

AND

[CONTRACTOR]

Personal Services Contract

his agreement is made and entered into as of February 5, 1997, between the Regional Arts & Culture Council (hereinafter called RACC) and [CONTRACTOR] (hereinafter called Contractor). It is mutually agreed as follows:

The term of this agreement shall commence January 1, 1997 and continue until: June 30, 1997

The Contractor’s services under this agreement shall consist of and be limited to the following:

•	Contractor shall lead, in collaboration with poet Primus St. John, the Youth Arts Public Art project for the North office of the Department of Juvenile Justice (hereinafter called DJJ) according to the curriculum submitted by the Contractor. Alterations to this curriculum may be made with the approval of the RACC project administrator and the DJJ representative court counselors.

•	Contractor will complete the administrative expectations for the Youth Arts Public Art project as outlined in the attached letter.

•	Contractor is responsible for having the youth in the project produce 24 - 11” x 14” photographs, and a chap book of photography and poetry.

•	Contractor will produce 2 photographs for the public art collection within 90 days of the conclusion of the project with the youth.

The above services shall be performed and/or delivered at the following sites:

•	Primary site- Photo/ Works North/West

•	Secondary site- Artist’s studio

RACC agrees to pay the Contractor $5,000 for performance of those services required herein and under the following terms:

•	$1,500 upon execution of the contract and receipt of the Contractor’s bill.

•	$1,500 upon completion of Week 6 and receipt of a copy of the Contractor’s journal and the Contractor’s bill.

•	$1,500 upon completion of the 13th session and receipt of a copy of the Contractor’s bill.

•	$500 upon completion of the artist’s photos.

•	Contractor shall have separate materials budget of $1,226.94 to be reimbursed to the artist upon the reciept of appropriate invoice and documentation of expenditures. (budget attached)

•	The Contractor shall be solely reponsible for any and all compensation of individuals providing services pursuant to this agreement, including but not limited to, federal and state withholding taxes, Worker’ Compensation, and other fringe benefits required by law or contract

RESPONSIBILITIES OF CONTRACTOR

The Contractor is an independent contractor and will comply with ORS Chapter 656 regarding workers’ compensation insurance. The contractor [mark one of the following]:

____Has employees or will employ others to perform the work. No work shall commence under this contract until a certificate evidencing workers’ compensation insurance has been received by RACC.

____Is a sole proprietor who has no employees. Contractor shall not employ or use the assistance of any other person in performing this contract. Contractor alone shall perform all the services and shall not be entitled to workers’ compensation benefits unless contractor has complied with Chapter 656 Oregon Revised Statues.

This contract shall not be construed to establish an employee-employer relationship with the independent contractor or any persons employed by the independent contractor, including subcontractors or employees thereof.

The Contractor shall defend and hold harmless RACC from claims for injury to persons including, but not limited to, Contractor and RACC employees or damage to property including Contractor’s property. Claims shall include, but are not limited to, claims made pursuant to ORS Chapter 656.

MODIFICATION

Any modification of the terms of this agreement, including assignment of rights or obligations, shall be in writing and signed by all parties.

TERMINATION

Either party may terminate this agreement upon thirty (30) days written notice to the other party delivered by certified mail or in person. Termination of this agreement for any cause shall be without prejudice to any obligations or liabilities of either party accrued prior to or because of such termination.

COPYRIGHTS

Contractor relinquishes any and all copyrights or privileges to any materials developed under this contract, such materials being the sole property of RACC.

PROMPT PERFORMANCE

All duties to be performed hereunder shall be performed as specified or, if not specified, in a prompt and timely manner. The Contractor agrees to use Contractor’s best efforts to complete the project.

ARBITRATION

Claims and disputes between the parties arising out of or relating to this agreement shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association then in effect, unless the parties agree to use other arbitration rules or services. Nothing in this paragraph shall prohibit or limit the parties’ rights to mediate or negotiate any dispute.

If any proceeding is instituted by a party to enforce any terms of this agreement, the prevailing party in the proceeding shall be entitled to recover its reasonable attorney fees, costs, and expenses as fixed by the arbitator or court, whether incurred before the institution of the proceeding, in the prosecution of defense of the proceeding, or on appeal.

This agreement shall be governed by the laws of the state of Oregon.

For Contractor:

Signature	Date

Name	Contractor's Name

Address	Contractor's Address

Contractor's City, State, Zip Code

Tax ID #	Contractor's Tax ID	Phone	Contractor's Phone

For RACC:

Signature	Date

Bill Bulick, Executive Director

Regional Arts & Culture Council

309 SW 6th Avenue, Suite 100

Portland, OR 97204

RACC Contact:

Kristin Law Calhoun

phone: 823-5401 e-mail: klcalhoun@racc.org, fax: 823-5432

Youth Arts Public Art Photography Budget

Instructor: Julie Keefe

12 Weeks, approximately 12 students

Cameras and Film:

9 manual camera rentals (from P.I.C.) @ $30.00 each=$270.00

5 fantastic plastic cameras @ $9.00 each= $45.00

2 rolls Polaroid slide film @ $17.00 each=$34.00

Polaroid slide mounts=$6.00

4 100 ft. rolls of Tri-X @ $39.95 each=$159.80

50 pack of Arista reloadable cartridges=$21.99

Chemistry:

Arista film developer

concentrate to make 5 gallons=$13.95

Arista paper developer=$13.95

5 gallons

Stopbath

concentrate for 4 gallons=$5.00

Arista fixer

concentrate to make 6 gallons=$12.95

Hypowash

concentrate for 1 gallon @ 3.69 each x 5 gal.=$16.45

Foto-flo=$7.00

Paper/Darkroom supplies:

Arista VC/RC glossy

250 sheets 5x7 @33.95 each x 2 boxes=$67.90

100 sheets 8 x 10=$30.95

100 sheets Ilford Pearl 11 x 14=$76.00

Darkroom Tongs, set of 3=$6.00

Assistance

Approximately 2 hours/wk. @$10.00=$240.00

Film Processing:

approx. 100 rolls @ $2.00/roll=$200.00

Total=$1,226.94

Keefe Contract

Technology Coordinator

2006-12-15

sfreeman

ID, Incorporated