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Brad Taylor Group LLC ~ C210025 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANYEVERY CONTRACT Contract Title: Over-The-Counter Training Number: C210025 1 Contractor: Brad Taylor Group Contract Total: $4,304.00 Contract Overview: Training on strategies for improving safety and creating clarity while engaing�with individuals who are visiting City buildings do conduct business addressing challenges that new Covid-19 guidelines have on interactions. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Mary Ayala Ext: 2414 Department: HR Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ® Other: Presenter Agreement Start Date: 9/10/20 End Date: 10/30/20 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Direct Appointment <$5,000 Account String: Fund-Division-Account Work Order—Activity T3:12e Amount FY 20-21 600-1100-54303 $4,304 FY FY FY FY Approvals - LCRB Date: Department Comments: Department Signature: 09/23/2020 Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract#C210025 CITY OF TIGARD,OREGON PRESENTER AGREEMENT THIS AGREEMENT made and entered into this 10th day of September, 2020 by and between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Brad Taylor Group,hereinafter called Presenter. RECITALS WHEREAS, City has need for the services of a company or individual with a particular training, ability, knowledge, and experience possessed by Presenter, and WHEREAS, City has determined that Presenter is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth: THEREFORE, the Parties agree as follows: SCOPE OF WORK Presenter shall initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement. Presenter agrees to complete work that is detailed in Exhibit A — Scope of Work and by this reference made a part hereof. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise terminated or extended, on October 30, 2020. All work under this Agreement shall be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Presenter an amount not to exceed Four Thousand Three Hundred Four and 00/100 Dollars ($4,304.00) for performance of those services described in this Agreement. City will not compensate Presenter for travel to or from the work location at City Hall, including travel time or mileage. Payment will be made based on Presenter's invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be payable within thirty(30) days from the date of the Presenter's invoice. CONTACT INFORMATION All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and contacts shall be used to transmit notices, bills, payments, and other information: CITY OF TIGARD BRAD TAYLOR GROUP Attn: Mary Ayala Attn: Brad Taylor Address: 13125 SW Hall Boulevard Address: 3439 NE Sandy Blvd#657 Tigard, Oregon 97223 Portland, OR 97232 Phone: 503 718-2414 Phone: 503-453-2717 Email: marya@tigard-or.gov Email: brad@bradtaylorgroup.com PRESENTER AS INDEPENDENT CONTRACTOR Presenter acknowledges that for all purposes related to this Agreement,Presenter is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event that Presenter is found by a court of law or any administrative agency to be an employee of City for any purpose,City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Presenter under the terms of this Agreement,to the full extent of any benefits or other remuneration Presenter receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Presenter or to a third party) as a result of said finding. Presenter acknowledges that for all purposes related to this Agreement, Presenter is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. CITY OF TIGARD BUSINESS LICENSE Presenter shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31" expiration date. New businesses operating in Tigard after June 30' of the current year will pay a pro- rated fee though the end of the calendar year. INDEMNIFICATION City has relied upon the experience, ability, and training of Presenter as a material inducement to enter into this Agreement. Presenter warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws,it being understood that acceptance of a Presenter's work by City shall not operate as a waiver or release. Presenter agrees to indemnify and defend the City,its officers,employees,agents and representatives and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or expenses including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract,except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. INSURANCE If driving is required by this Agreement,automobile insurance is required in accordance with the laws of the State of Oregon. Proof of such insurance is required to be provided to the City Contact prior to the commencement of work. The procuring of such required insurance shall not be construed to limit Presenter's liability hereunder. Notwithstanding said insurance,Presenter shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. Driving to and from the work location at City Hall is distinct from, and not considered driving required by this Agreement. HR Presenter Agreement 2 1 P a g e TERMINATION The Parties agree that any decision by either party to terminate this Agreement before the work is completed shall be accompanied by thirty (30) days'written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph,it shall pay Presenter for services rendered prorated to the date of termination. AGREEMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all Parties. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Presenter which result from this Agreement,including any computations,plans, correspondence or pertinent data and information gathered by or computed by Presenter prior to termination of this Agreement by Presenter or upon completion of the work pursuant to this Agreement. GOVERNING LAw Presenter shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status,age,medical condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapters 279A, 279B, and 279C to be included in a contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, Presenter must make payment promptly as due to persons supplying Presenter labor or materials for the execution of the work provided by this order. Presenter must pay all contributions or amounts due from Presenter to the Industrial Accident Fund incurred in the performance of this order. Presenter shall not permit any lien or claim to be filed or prosecuted against City on account of any labor or material to be furnished. Presenter fin-ther agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. COMPLETE AGREEMENT This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver, consent,modification,or change of terms of this Agreement 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 specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Presenter, by the signature of its authorized representative, hereby acknowledges that Presenter has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized undersigned officials. HR Presenter Agreement 3 1 P a g e CITY OF TIGARD BRAD TAYLOR GROUP By: Authorized City Official By: AuthorizedAgentof Presenter Dana Bennett, HR Director 1-6 c, "7-i:-, `ov- Name Name 09/23/2020 -1 '—2-1 Z Date Date HR Presenter Agreement 41 P t EXHIBIT A SCOPE OF WORK Presenter will teach strategies for improving safety and creating clarity while peacefully engaging with individuals who are visiting City buildings to conduct business in over-the-counter interactions, specifically addressing the challenges and impacts that new Covid-19 guidelines have on the interactions. Presenter will develop and deliver customized 2.5 hour interactive and virtual training workshop sessions that address communication and procedural goals and promote consistency among staff's internal and external communication,including signage and press statements regarding new policies that are in place to improve safety from Covid-19 exposure. Presenter will work with City to learn about the current and pressing situations where support is needed in order to develop sessions that are relevant to and useful for the groups. Deliverables: ❑ (free) Optional and complementary virtual meeting with Presenter and City managers. 0 Managers can use this time to meet Presenter, learn about his experience and perspective, ask questions about the sessions. ❑ (4 hours) Presenter will meet with City of Tigard supervisor (s) and/or manager (s) (total of 8 meetings) on the phone to discuss the goals and intended focus on the sessions. ❑ (.5 hour) Presenter will develop and distribute questionnaire for participating staff to solicit examples of challenges and stressors regarding the Covid-19 policies that impact the over-the- counter interactions with the public. ❑ (1 hour) Presenter will work in collaboration with City to develop draft and final agendas. ❑ (2.5 hours) Presenter will use information gained through phone calls and questionnaires to design and develop content specific to the attendees of the various counter staff workgroups. ❑ (13 hours) Presenter will deliver training session to group of<12 individuals, divided into groups of similar role and situational challenges (2.5 hours per session, 5 sessions). 0 Sessions will include break out opportunities. 0 Session will include a ten-minute break. Rates: Brad Taylor (Presenter) $205.00 hr Design and development: 8 hours Deliver 5 sessions: 13 hours Total Hours: 21 hours Total Cost: $4304(@ $205/hour) HR Presenter Agreement 5 1 P a g e