Smith-Wagar Brucker Consulting, LLC ~ C210051
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Costs
Original Contract Amount: $300,000.00
Total All Previous Amendments: N/A
Total of this Amendment: N/A
Total Contract Amount: $300,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.070 Sole Source
Solicitation Number:
LCRB Date: 1/26/2021
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:
Contract Overview
Contract/Amendment Number: C210051a1
Contract Start Date: 2/1/2021 Contract End Date: 06/30/2023
Contract Title: Financial Operations Technical Assistance
Contractor Name: Smith-Wagar Brucker Consulting, LLC
Contract Manager: Eric Kang
Department: FIS
DocuSign Routing
Route for Signature Name Email Address
Contractor Debbie-Smith-Wager debbie@smith-wagarbrucker.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Debbie-Smith-Wager debbie@smith-wagarbrucker.com
Project Manager Eric Kang Eric.kang@tigard-or.gov
Buyer Marcos Campos Marcos.campos@tigard-or.gov
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THls FORMMUSTACCOMPANYEVERY CONTRACT
Contract Title: Financial Operations Technical Assistance Number: C210051
Contractor: Smith-Wagar Brucker Consulting,LLC Contract Total: $300,000.00
Contract Overview: Provides technical assistance to financial operations division and Assistant Finance
Director.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager:Tared Isaksen Ext: 2493 Department: FIS
Type: ® Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Sole Source on File NTE $300k
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 21 600-2100-54001 S60k
FY 22 600-2100-54001 S180k
FY 23 600-2100-54001 S60k
FY
FY
Mprovals - LCRB Date: 1/26/21
Department Comments:
Department Signature:
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 Number 0210051
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
FINANCIAL❑PERATIONS TECHNICAL ASSISTANCE
THIS AGREEMENT made and entered into this 1st day of Februarv, 2021 b`r and between the
City of Tigard, a municipal corporation of the State of Oregon, herehiafter called City, and. 5mitli-
Wagar Prucker Consulting,LLC,hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2021 fiscal year budget provides for ser%rices related to supplemental staffing,
and
WHEREAS,City has need for the services of z Company with a particular training,ability,knowledge,
and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require,,aider those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services immediately upon receipt of CiWs notice to proceed together
vith an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A,incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This ,agreement is effective upon the date of execution and expires on December 31, 2022,
unless other%vise terminated or extended. ,111 work under this Agreement must be completed
prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the may ay not exceed three hundred thousand
and 00/100 Dollars ($300,000.00). Payments made to Contractor will be based upon the
following applicable terms:
A. Pavment by City to Contractor for performance of services Lander this Agreement includes
all expenses incurred by Contractor, with the exception of expenses,if any, identified in
this Agreement as separately reimbursable.
B. Payment Nvill be made in installments based on Contractor's invoice, subject to the
approval of the Cita'Manager,or designee,and not more frequently than monthly. Unless
otherwise Weed, payment will be made only for work actuaIly cntnpleted as of the date
of invoice.
C. Payment by City releases City from any further obligation for pairrnent to Contractor for
Services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance or the work provided Cor in this Agreement.
E. Contractor may not permit any lien or claim to be filed or prosecuted agninst the City on
any account of any labor or material furnished_
F, Contractor will pay to the Department of Revenue all sums Withbeld from employees
pursuant to ORS 316.167.
G. Contractor will parr all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. If Contractor fails, neglects,or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City's finance Director may pay such claim and charge the amount of the payment
19ainst funds due or to become due the Contractor. "t'he payment of the claim in this
manner does not relieve Contractor or their surety_ from obligation with respect to any
unpaid claims.
I. Contractor will promptly, as due, make payment to any person, co-partnership,
association,or corporation,furnishing medical,surgical, and hospital can or other needed
care and attention, incident to sickness or in*T, to the employees of Contractor, of all
sums that Contractor agrees to pay for the seivices and all moneys and surns that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract,or agreement for the purpose of providing or paying for services.
J. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
K. Contractor must 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 st expiration date. New businesses operating in Tigard after]une
30rh of the current year will pay a pro-rated fee though the end of the calendar year.
L. T1ie City certifies that sufficient funds are available and author-i7ed for this ,agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
4. RSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
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pertinent data and information gathered by or computed by Contractor prior to termination
of this_-agreement by Contractor or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENTMELEGATION
Neither party- inay assign, sublet or transfer any interest in or duo., under this ,'agreement
without the written consent of the other and no assignment has any. force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by then. Neither the apprroval by City of any subcontractor nor anything
contained herein creates anycontractual relation between the subcontractor and Cite. The
Pro-Visions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
b. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this agreement, Contractor is an
independent contractor as defined by QRS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore,in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
third parry) as a result of said finding and to the hill extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in QRS
30.265.
7. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly,in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged.against Federal funds, Contractor certifies that he/she is not
currently-employed by the Federal Government and the amount charged does not exceed their
normal charge for the type of sen-ice proiided.
S. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this agreement. Contractor represents that all of its work-,till be
performed in accordance with generally accepted professional practices and standards as-,yell
a, the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not operate as a warner or release.
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Contractor agrees to indelnrlify7 and defend the Cite, its officers, employees, agents, and
representatives and hold thein 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 Bearing 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 will also corer claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this inderrnzifxcation.
9. DiSLIRANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the tern of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder,including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Cornrtriercial General Liability Insurance
Contractor«rill obtain., at Contractor's expense,and keep in effect during the teen of this
contract,Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,00fI
Personal&_advertising Injury $1,000,000
Each Occurrence $2,000,000
S. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's ctpense,and keep it, effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, lvrcd, and non-owned vchicles on an "occ-urrence" form. -fhc Combined Single
Limit per occurrence may not be less than $1,000,0(10.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will obtain, at Contractor's expense, and keep in effect duii ig the term of the
contract,business automobile liabili",coverage for all owned vehicles on an-occurrence"
torn. The Combined Single Limit per occurrence may not be less than$1,000,000.
C. Workers' Coml2ensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation I.aw must comply with ORS 656.017, which requires them to provide
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workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state einplovers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exenipt employers trust
provide Employer's Liability Insurance with coverage limits of not less than 51,000,000
each accident.
D. A diff nal Insuted Provision
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Ravin
Coverages provided by the Contractor trust be underv,.ritten by an insurance company
deemed acceptable by the City. All policies of insurance trust be written by companies
haven'g an A.M.Best rating of"A-VII"or getter,or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands.that sorne contractors may self-insure for business risks and the City
�vf11 consider whether such self-insurance is acceptable.if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor trust provide a Certificate of Insurance
shoving evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
.As evidence of the insurance coverage required by the contract, Contractor will fairish a
Certificate of Insurance to the Cite. No contract is effective until the required Certificates
Of Insurance have 17een received and approved by the City. The certificate will specifv and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to [lie below address prior to coverage
expiration.
H. Primary Covera a Clarification
The parties agree that Contractor's coverage is primary to the extent peiYnitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
I. Coss-Liabifity Clause
_1 cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution,and errors and emissions policies required by this
_kgreement.
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A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to:
City of Tigard
Arte: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the Cite,a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, tnay be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. METHOD &PLACE OF SiaSMITTING NOTICE SILLS AND PAYMENTS
.eUl notices,bills and payments Zvill be made]n writing and may be given by personal delivery,
mail, or by fax. Payments may be made by persomd delivery,mail,or electronic transfer. 'Ihe
following addresses will be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD SMITH-WAGAR BRUCKER CONSULTING,LLC
Attn: Jared Isaksen Attn. Debbie Smith-Wager
Address: 13125 SLS' Hall Blvd 'address: 22559 SV,'T'avlor Ct.
Ti ard, OR 97223 Slienvood OR 97140
Phone: 503 718-2493 Phone: 5013 686-3527
Linail: iarudi r[ ti*ard-or.rov Email: dcbbiekmoth-.a; ubrticl:er.co n
Notice will be deemed given upon deposit in the Canted States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills, and payments are to be given by giving ivritten notice pursuant
to this paragraph.
11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. MERGER
'ibis writing is intended both as a final expression of the?agreement between the parties Nvitln
respect to the included terms and as a complete and exclusive statement of die terms of the
Agreement. No modification of this Agreement will be effective unless and until it is made in
writing and signed by both parties.
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13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph,City-vill pay Contractor for ser6ces rendered to the date of termination.
14. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City,under any of the following conditions:
I) If City Funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow, for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelincs are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If ally license or certificate required by law or regulation to be held by Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any.reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent,if-voluntary or uzvoluntar petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (A) will be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) if Contractor fails to protide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from City, fail,~ to correct sucli failures
-within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages, if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
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15. ACCE SS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
16. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety- and f Iealth Administration
(OSI-U) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Commumcation Rules,if any goods or ser'ices provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical
under normal conditions of use(for example,employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets,the identity of the chemical/s,how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. FORCE MMEURE
Neither City nor Conuractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled,including but not restricted to, an act of
God or of public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic,quarantine-
restriction,
uarantinerestriction, area-vide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause;provided that the parties so disenabled will tivithin
ten (10) days from the beginning of such delay,notify the other part-in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, ':'Pon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
IS. NON-WAIVER
The failure of City to insist upon or enforce sttict performance by Contractor of any of the
reruns of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
19. HOURS OF LABOR PAY EQUITY
In accordance with DRS 27913.235, the following are hereby incorporated in full by tliss
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or =1.0
hours in any one week,except as provided by law. For contracts for personal ser6ces, as
defined in QRS,279x1.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in anti• one week, except for
employees who are excluded under DRS 653.010 to 653.261 or under 29 L.S.C. 201 to
2019 from receiving overtime.
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S. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and clays
per week that the employees may be required to wort;..
C. Contractor 'nay not prohibit any of Contractor's emplovees from discussing the
e'mployee's rate of wage, salary,benefits or other compensation arith another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or osier compensation with another employee or another
person.
D. Contractor must comply widh the pay equity provisions in ORS 652.220. Compliance is a
material element of this ,Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause,
20. NON-DISCRIMINATION
Contractor will comply-with all federal,state,and local laws,codes,regulations,and ordinances
applicable to die:provision of services under this ;Agreement,including,without limitation:
A. Title VI of the CiN it Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990,as amended by the A-DA Amendments Act
(ADA1) of 2008 (Pub L No 101- 336);and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and
all other applicable requirements of federal and state civil tights and rehabilitation statutes.
rules and regulations.
21. ERRORS
Contractor will perforin such additional work, as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
22. EXTRA (CHANGES) WORK
Only. the City's Project Manager for this Agreemclht may change:or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. WARRANTIES
Contractor will guarantee work for a period or one year after the date of fuial acceptance of
the work by the owner. Contractor warrants that all practices and procedures,workmanship
and 'materials are the best available unless otherwise specified in the profession. Neither
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
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Any intellectual property rights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement, will
be provided to the City free and clear of anv and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims.
mortgages, security interests,liabilities, charge%, and encumbrances of anv kind.
24. ATTQRNEY'S FEES
In the event an action, suit of proceeding,including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fees,expenses, costs and disbursements for the action, suit,proceeding, or appeal.
25. CHOICE OF LAW VENUE.
"l-he provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S.District Court for Oregon, Portland.
26. C DMPLIANCE WITH STATE AND FEDERAL LAWS RULES
Contractor will comply with all applicable federal, state and local taws, rules and regulations
applicable to the work in this Agreement.
27. CONFLICT BETWEEN TERMS
In the ct e.nt of a conflict between the terms of this Agreement and Contractor's proposal,this
Agreement-vU control. In the event of conflict between a provision in the ma i body of the
Agreement and a provision in the Exhibits,the provision in the train body of the Agreement will
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. AUDIT
Contractor will rnaintaui records to assure conformance with the terms and conditions of this
Agreememt and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
29. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions win
not be unpaired unless the illegal or unenforceable provision affects a significant right or
responsibility, tr
, in which case dze adversely affected party may request renegotiation of the
Agreement and,if negotiations fail,may terminate the Agreement.
30. COMPLIANCE WITH "LAWS
Contractor repreq(-nts and warrants that Contractor is, to the best of the undersigned's
knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
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and seek damages and other relief airailable under the terins of this Agreement or applicable
last-.
IN WITNESS WHEREOF,City and Contractor have caused this Agreerncnt to be executed bv their
duly authorized officials. Av,arded by Tigard's Local Contract Review Board at their ]anuary 2G,2021
meeting.
CITE OT TIGARD SMITH-WAGAR BRUCKER
By: G t B`:
IVams:
Steve Rymer
.
-- - Name:bat hLt -
Title: City Manager
Title-
Date: 2/3/20
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ExHIBIT A
ERVICESII'D BE PRDNDED
INTRODUCTI N
The Cite of Tigard has begun the process of implementing a new enterprise resource planning
solution.The beginning of the project includes Tyler Technologies Munis Financial Management
solution to replace the existing Sprngbrook financial system.As such the finance staff,VM need to
divert their time to focus on the Munis project and will.need assistance from an outside consultant
to fill in rhe gaps of regular work:that cannot be completed by internal staff.
COPE OF WORK
Contractor Neill provide services as described below;
• Quarterly recon of work-orders/capital assets with Laura Bairie—completed in
January/February,:April and at YE
• Arbitrage compliance request for the Transportation Bonds
• Update the city-aide cash handling policy
• assist ifi the org7Zl77ation of the city's grants
■ Assist in the preparation of the audit contract solicitation
■ Assist in the preparation of the risk assessment contract solicitation
• Review/clean up the Clean \Fater Services calculation and accounts
• Update the city s investment policy
• Assist in the organization and preparation of the annual audit
• Assist in the year-end procedures and annual audit of FY21
■ Other projects/requests as they mise
COST RATE ESTIMATES
Debbie Smidz-%Wager$125.00 per roux
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