MJOC, LLC ~ C210123
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C210123a2
Contract Start Date: 4/19/21 Contract End Date: 6/30/24
Contract Title: City Facilities Consolidation Project Coordinator
Contractor Name: MJOC, LLC
Contract Manager: Kevin Cole
Department: Facilities & Fleet
Contract Costs
Original Contract Amount: $65,000.00
Total All Previous Amendments: 0
Total of this Amendment: 0
Total Contract Amount: $65,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number: N/A
LCRB Date: N/A
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Time extension & update PM
DocuSign Routing
Route for Signature Name Email Address
Contractor Michael O’Connell mick@mjocllc.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Michael O’Connell mick@mjocllc.com
Project Manager Kevin Cole kevinc@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C210123a2
Contract Start Date: 4/19/21 Contract End Date: 6/30/24
Contract Title: City Facilities Consolidation Project Coordinator
Contractor Name: MJOC, LLC
Contract Manager: Kevin Cole
Department: Facilities & Fleet
Contract Costs
Original Contract Amount: $65,000.00
Total All Previous Amendments: 0
Total of this Amendment: 0
Total Contract Amount: $65,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number: N/A
LCRB Date: N/A
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Time extension & update PM
DocuSign Routing
Route for Signature Name Email Address
Contractor Michael O’Connell mick@mjocllc.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Michael O’Connell mick@mjocllc.com
Project Manager Kevin Cole kevinc@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C210123
Contract Start Date: 4/19/21 Contract End Date: 12 31 21
Contract Title: City Facilities Consolidation Project Coordinator
Contractor Name: MIOC,LLC
Contract Manager: Nadine Robinson
Department: Central Services/Facilities
Contract Costs
Original Contract Amount: $65,000.00
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: $65,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.070 Sole Source
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY 21 600-2000-54001 $15,000.00
FY 21 650-6400-56002 $10,000.00
FY 22 600-2000-54001 $10.000.00
FY 22 650-6400-56002 $30.000.00
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:
Contract Number 0210123
CCTY Or TIGARD,ORE(30N
PERSONAL SERVICES CONTRACT
CITY FACIL4TIE.5..CONSOLIDATION PRO)ECT COORDINATO
THIS AGREEMENT made mid entered in Lo this 19th day of April, 2021 by and between the City
of'Tigard, a municipal corporation of the Mate of Oregon, hereinafter called Cicy, and IN-IJOC. LLC,
hereinafter c0lcd Contractor.
RECITALS
WHEREAS, the Eire's 021 fiscal year budge[ provides for senlces relayed to the Citi- Facil_ides
Consolidation project;and
W14EREAS,Cit} has need for the serLrices of a company a,ith a particular training, ability,knowledge,
acid experience possessed by Contractor, and
WHEREAS, City has deterMined that Contractor is qualified and capable of Performing the
ptol'essional sct-iccs as City cines heceinaftcr requite, under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROYM
Contractor gvnll initiate ser�riccs hrac&tely upon rcce}pt of City's riotscc ao proceed together
with an exccuced cops' of chis A-greement. Contractor agrees to complete work that is detailed
its Exhibit A, incorporated herein br refeaence.
2. EFFECTIN'E DATE AND DURATION
This Agreement is effective upon the date of execution and "-pkes on December 31, 2021,
unless othemise terminated or extended. All work under this Agreemenr must be completed
prior to the expiration of this Agreernent.
. CDI1 EEN A'Y`TO
The City agrees to pay Con traccGr in accordance v-ith the fee scliedule outlined in Exhibit A.
The total amount paid to the Contractor by.the City may not exceed Sixty*-fivc Thousand and
No/100 Dollars (S65,000900)- Pa}-meats made to Contractor will be based upon the following
applicable *errs=
A. PRI inent by City to Conttactot for performance of services under this_Lgreemenr includes
all expenses incurred by Contractor, with the exception of expenses, if any, identified in
this Agteerrent as separately. reimbursable,
B. Payment %-M be made in installments based on Contract is invoice, subject to the
approval of the Cite Manager, or designee, and not more frequently than anonthly. Un1css
othemlisc agreed, paymcnt will be made only for -w.ork actually complewd as of the dace
of inVoice.
C. Payment by Cite releases City from any further obligation for payment to Contractor for
ser-io s performed or c-penses incurred as of the date of the invoice. Payment may not
be considered acceptance or apptoval of any work or wailer of any defects therein.
A Contractor must make payments ptornpth% as due, to all pons supplying labor or
materials for the perfon nance of the work provided for Mn this Agreem=t,
E. Contractor may not perrr�t any lien or claim to be fled or prosecuted against the City on
any account of any labor or material fa misled.
F. Coatractor will pay to the Department of Rcvcnue all sums wiffiheld from employees
pursuant to ORS 316.167,
G. Contractor w ll pay all corit6butions, or itrounts due the lndugtaial Accident Fund from
the contractor or arty- subcontractor,
H. If Contractor fails, neglects,or refuses to make prompt payment of any claim for labor or
sen-ices furnished to Contractor or a subcontractor by any person as such claim becomes
due, it}'s Finance Director may pay such claire and charge the ftinount of the payment
against funds due or to become due the Contractor. The payment of the claim in this
manner does not le-neve Concracmr or their surety from obligation With respect to any
unpaid claims.
I. Contractor will promptly, as due, make payment to any person, co-parmership,
association,or corpotadon, famishing medical, sux ical, and hospiml care or other needed
care and attention., incident to sickness or injury, to the employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
Contractor collecred or deducted from the wages of emplcn ees pursuant w any law,
conrracr, or agreement for the purpose of pro-,idiag or paying for services.
J. Contmetor and its employees, if any, arc not active mcrnbr-i-s of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by arty public employer participating in the Retirement System,
K. Contractor tnust obtain,prior to the execution of ani- performance under this kgreement,
a City of Hard Business Ucense. The Tigmd Business License is based on a calcudar
ycarg%ith a Dccembcr 3lst e.Viration date. cw brisincsses operating in'rigard aftcr June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
I. The Cit£- certifies that sufficient funds are available and authorized for this Agreemenr
during the current fiscal year. Funding during future fiscal rears is subject to budget
approval by Tigar&s City Council.
4. OWNERSHIP OF
Cit} is the owiica of and is entitled to possession of any and all work products of Contractor
which result Froin this Agreement. bicluding any computations, plans, correspondence, or
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pertinent data and information gathered by or computed by Contraaot phot to termination
of this Agrccmcnr by Contractor or upon completion of the work pursuant to this Ag:ecrneat.
. ASSIGNMENT IDELEOA'FIO
Neither parte may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any fork or effect unless and
until the other part= has consented. If City. agrees to assignment of tasks to a subcosttxact,
cantractoi is fully responsible for the acts or omissions of any subconrracr,nrs and of all
persons employed by them. Neither the approval by City of any subcontractor nor anydnit3g
contained herein creates any contractual relation berwicca rhe subcoattactoi and City, The
ptovisicns of this Agreement are binding upon and will inure to the hen ofit of the parties to
the Agteeintnt and their respective successors and assigns.
. ' TU .,0E. ON` RACTOR AS INDEPENDENT CO T CT R
0)0rtattor certifies that;
A. C;ontmctor acknowledges that for all purposes related to this Agreemcni, Contractor is an
independent contractor as defamed by ORS 670.600 and not an employee of GrY.
Contractor is not entitled to benefits of any kind to which an employee of City. is entided
and is solely responsible for all payments. and taxes rewired by law. hurthemoxe, in the
event that Contractor is found by a court of law or ani- administrarive agency ro be au
employce of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor undet the tams of this Agrccracnt,
to the full extent of any benefits or other xemuacxation Contractor receives (from Cite or
third party) ms a result of said fiaditng and to the fuU extent of any payments that City is
required to make (to Contractor or to a third par7) as a result of said fitndisrg.
B. Contractor is not an officer,ermployee, or agent of the City as those terms are used in ORS
30.265.
7. -CONFLIC'T' OF INTEREST
The undcrsigncd Contractor hereby tepresents that no ctnployce of the Cite, of any
pmtnership or corpora ion in which a OW 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 arming.
1f Alis payment is ro be charged ag=st Federal foods, Contractor certifies that he/she is not
currcntly cnmploycd by the Fcdcral Govcrnmcnt and the amount charged docs not cxcccd their
normal charge for the type of service pro-,idvd,
S. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
induccmcnt to enter into this Ag�reernertr. Contractor represenes thae all of its work will be
performed in accordance with generdlly accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not upetate as a u aivcr of rcka e.
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PSA Tcmplarc—Re,%ised 5 f 1-5/2019
C:onuxtor agrees to indemnify, and defend the City, its officers, crnplovees, agents, and
representa6VCS and hold them harralcs from any and all liability, causes of action, daim!;,
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
ani• hearing before federal or stare administrative,agencies),that may be asserted by any person
or entity which in anv way arise from, during, or in connection with the performance of the
work described in this contract oznc yi= from the termination of this Agreement or until
resolution of a peridiag claim, whichever i.1; later, except liahihty arising out of the sole
negligence of the Circ and its employees. Such indcmnifieation %Till also corer claims brought
a n.i�ist rhe City under state or federal worker`s compensation laws. if any aspect of this
indemnity is found to be illegal or invithd for any reason xvhatsoever, such illegality or invalidity
does not affect the validity of the remainder of this indemnification,
9. I iSURANCE
Contractor and its subcontractors must inam' taitr insurance acceptable to Cir in full force and
effect throughout the term of this contract. Such insurance must corer risks arising dirr.ctly-
or indirectly out of Contractor°s actkities or work hereunder,including the operations of its
subconrractors of any tier.
The policy` or policies of insurance maintained by the C;ontxacfor must provide ar leasr the
foilowring limits and covetages_
. Ummercial cnc[W.Li Insurducc
Contractot will obtain, at C;ontmctor'i expense, and keep in effect daring the term of this
contract, Comprehensive General Liability Insurance coo eying Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). -1-his coverage must
include Contract" Liability insurance for the indei=ty proVidcd under this contract.
The following insurance will be carried-
coyera ga_ Limit
General Aggregate 2,000,000.00
>: ach Qccnrrence $1,000,000.00
B. Conimercial Automobile Insura:iice
Contractor must also obtain, at Contractor's expense, and keep in effect during the term
of the con=cc, C~ommi�rcinl Automobile Liabihty coverage including coverage for all.
owned, hired, and non-ukimed vehicles on an "occuirence" form. The C;ombincd Single
Limit per occurrence may not lac less than S 1,000,00OO
If Contra,--tot uses a p soiiaUv-ov ned vehicle for business use under this contract, the
Cronuactor L�,ill obtain, at Contractor's expease, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "oc�rrcnce"
form. The Combined Single Limit pct occurtencc may not he less than 1,000,Gm.
C. Workers' CQmpeusation nsuLa=
113e Contractor, its subcoritmerors, ifany, and all employers providing work, Labor, or
materiels ander this Contract that are subject employers under 6L OTcgon Workers'
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PSA Template—Re%ised 511512019
C:ompemation Laws must comply with ORS 656.017, which requires them to provide
workets' compmsa6on cavcragc that s--+tisfics Oiregon law fox all their subject %Varkcrs.
Out-of--state employers must provide Oregon workers' campensat.Lon coverage for their
xvorkers who work at a single location within Oregon for raore than 30 days in a calendar
year. Contractors who pe-rform woxk without the assistance or labor of any employe
decd not obtain workers' compensation co etage. All non-exempt ernploycrs trust
provide Employer's Liability Insurance with coverage limits of not less than ii,000,ow
each accident.
D. Additional Inst►red Navisiou
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the Cit} its officers, employees, agents, and representatives as
addition al insureds with respect to this Agreement,
E. Insurance Carrier Rating
Coverages provided by the Contractor must be undera%muen by m M- Surance company
deemed acceptable by the Cita,. All policies of insurance must be written by companies
having an AAL Best rating of"A-VII" or beerer,or egrttralenr.. The Cir} test rvcs Che right
to reject all or any insurance carriers) with an unaccept bL�� financial rating-
F. Self-insurance
The City understands that some contractors ivav self-insure for business risks and the City
will consider whcthcr such self-insurance is acccptabic if it meets the rrrinirrturn insurance
requirements for the qpe of coverage required. If Contractor is self-insured fot
commercial general liability or au[omobile liabml:y insurance, C ntx nor must. Provide
e�-idence of such self-insurance, Contractor roust pro •ide a Certificate of Insurance
shoWmi evidence of the coverage amounts on a form acceptable to the City. The C ItY
reserves the right in its sole discretion to derermine whether seif-insurance is adequate.
G. Certificates of Insurance
As cAidence of the insurance cov=ge required by the contract, Contractor will furnish a
Certificate of Insurance to the Cary, No conuact is effective until the required Cverc f.cater
of Insurance have been received and approved by the Cit}, The certificate will specify and
document all provk1sions within this contract and include a copy of Additional Insured
Endorsement. A renes-al certificate will be sent to the below address prior to coverage
expiration,
H. Primary Coverage Ch tification
The pasties agree that Contractoes coverage is primary- to theextent pen-aitted by las.
The parties funkier agree that other insurance maintained by the City is excess and not
contributory insurance wrath the insurance requited in this sectlun.
1. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution, and errors and omissions policies required by this
A reemenr,
PSA Template —Revised 5/15/2019
A certificate in form satisfactory to rhe Catty cerdi bg to the issuance of such insurance
%U be forwarded to:
C;ih- of Tigard
Atte: Conrxacts and Purchasing Office
13125 SW Hail Blv&
Tigard, Gregor 97223
OR
contracts purch asing@dg"d-or.�nv
At [he dL,,mtioa of the City, a copy of each insurance policy., certified as a rruc copy by
an authorized teptesentative of the is t�g insurance comp�my, way be reglured to he
forwarded to the above address.
Such policies or certificates must be delivered priar to commencemeat of the work. `l'he
proLuring of such rNuired insurance ❑will not be construed to lin it Contractor's liability
hereunder. Notwithstanding sAid insurance, Contractor is obligated for the Loral amount
of any damage, injury, or loss caused by negligence or neglect connected -%ith this
Agreement..
10. METHOD 3c PLACE OF SUBNHTTING NOTICE. BILIS AND PAYHI..NTS
_111 notices,bills and payments will be made in writing and may. be giv ez by personal delivery-,
mail, of by fax_ Pay n3cnts may be made b�pcnsonal delivery, mai], or electronic transfer. The
follo,Lving addresses vU be used to rr n& nit notices,bibs, payments, and other information:
C,ITY OF TIGaRD noc,LLC
Attn: Nadinc R-obinson - _ an: N irhael O'Connell
Address: 13125 SW Hall Blvd Address: 801 S SW Reed College Place
Tigard, DR 97223_ _ Portland, OR 97202
Phone: (503) 715-2481 Phone; (503)708-2611
Email: nael1ne@6gud-2r.g—ny Email, i..l3Eck {:.ini cil -cvm
Notice will be deemed given upon &posit in the United States mail, postage prepaid, or when
so faxed,upon Successful fax, In all other insunces,notices,bills and payments wa be deemed
giaen at the time of actual deliver-. Changes may. be made in die curares and addresses of the
person to who notices, bills, and payments aie to be given by giving written notice pursuant
to this paragraph.
11. S1_TRNg-V-AL
The temps, conditions, and -,vaxranties conmincd in this Agreemenr sun-ivc
the terrrtinadon or expiration of this Agreenient.
12. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement, No modification of this Ag icmcne will be effective unless and until it is made in
wriz�ig aixd signed by both parties.
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13. TERMINATION WITHOUT CAUSE
-lc aaytime and without cause, City has the tight in its sole discretion to temlinare this
Ag gement by giving notice to Contractor. if City terminates rhis Agreement pursuant ro this
patngmph, C:itw k6U pay Contractot for senices rendered to the date of termination.
14. TERMINATION.WIT'H CAUSE
A. Cite=T. to n inare this agreement effective upon dclivM of wrirren notice to Contractot,
or at such later date as may be establibhed by City,under any of the following conditions:
1) If City funding from federal, state, local, or ocher sources is not obtained and
continued at levels sufficient to alio- for the purchase of the indicated quantity of
sm-ices. This Agreement may be modified to accommodate a reduction in fan&.
2) If federal or state regulations or guidelines are modified, changed, or interpreted 41
Stich a w;• Y that the scn7ces are no Ianger allowable of appropriate for purchase under
this Agreement.
3) If any license or certificate required by law. or re aslatio* to be held by C;onttactor,its
subcontractors, agents, and employees to pro'-ide the seri-ices required by tE�,
91cement is for any reason denied,revoked, or not renew-ed.
4) If Contractor becomes insolvent, if voluntary or inv olunta� petition in bankruptcy is
filed by or agabst Contractot, if a reccmei or tra we is appointed for Contractor,or if
rhere is an a"ignmcnr for the benefit of creditors of Cornmr-tor-
Any such tcrmiaadon of this agreement under paragraph (A) ��ll be v6thout prejudice to
any abligatiom or liabilities of either part• already accrued prior to such termination.
B. City, by written notice of default {including breach of contract} ro Contractor, mai-
terminate t13c v.hole or any part of this Agreement=
I) If Contractor fail. to provide sets-ices called for by this Agrectnenc within the timc
speci.ficd, or
2) If Contractor fails to perform any of the other pro-Visions of this ?agreement, or fails
to pursue the work as to cndang€-r perrformancc of this agreement in accordance with
its tetras, and after rc!ccipt of writccn notice from Cit}', fails to correct such failures
,ki-ithin ten (10) clays or such rather period as Cit} tnsy authorize.
'f'he righEs and remedies of Citi- provided above related to defaults (including breach of
contract) by Contractor are not exclusive acid are in addition to any. other rights and
remedies provided by lay.' or under thit Agreement-
If City terminates this Agreement under paragmph (B), C oatractor will be entitled to
recel a as fitll payment for all smri.ces satisfactorily rendered and expenses incurred,
provided, that. the City mfLy deduct the amount of damages, if any, sustained by Cite due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Otegon law, rcnsonal le and necessa-� attornc-v fees, and other costs of
litigation at trial and tipun appeal
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1 . ACCESS TO RECORDS
City- YU have access to such books, documents, papers and records of Cbnttattor as ate
directly pertineni co this _l reement for the purpasr of rtTAmg audit, examinsltion, a-Xcerpls
and transcripts.
16. NA7 1_DOUS NLkTERIA.L
Contxaccor mill comply wish all fedtral Occupational Safety and Health Administration
(OSHA) requitemenrs and all Oregon safety, and health roquiremeats. In accordance x-vith
OSE-t1 and On�gan OSILAL Hazard Communication Rules, if any goods or services provided
under this Agreement may release, or utherv;ise 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 }wide the Cit}- with the following
information: all applicable Safety Data Sheets, the idcrntity of the chetnicalf s,how Contractor
1xill inform ernploy-ees about any precautions necessary,an explanation of any labeling sy stern,
and the safe work practices to prevent exposure_ In addition, Contractor insist label, tag, or
mark such ids.
17. FORCE MNEURE
NT either City nor Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and v-ithuut fault or
negligence oa the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quaxixrtine
.rwdcrion, arca-wide strike, frci ht embargo, unusuAy- scvcre weather or delay of
sub contractor or supplies due to such cause;pro%idc-d that the pm ties so disen abler# will within
ten (10) days from the be#nn7ng of such dela-, notift the other party iii wri ng 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 nr
chn-tinate such a cause of delay or default and will., upon cessation of the cause, diligently
ptitsue performance of its oblip don unlet the Agreement.
M. NON-VZAIYE
Thu failure of City to insist upon or enforce strict performance by Coatracwt of aLny� of the
terms of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinguishment to any. extent of its rights to assert or rely upon such terms or rights
on any future occasion,
19. HQU.RS 0FLAW R, PAY
In accordance with ORS 7?9B235, the. following are hereby incorporated in full by this
reference:
A. Contractot may not employ- as iudi�,idual for more than 10 Hours in any orae day-, or 40
hours in any one week, except as provided by law- For contracts for personal smices, as
defined in ORS 279A.055, Coattactor trust pay ernployees at least trine and a half pad- for
all overtime the employees work in excess of 40 in any one week, except for
a 1 P
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crnpluyces who arc eKcluded, under ORS 65 .010 to 653,261 or under 29 U.S.C;. 201 to
209 from rccciving ov ertimc.
B. Contractor must [Vc notice in writtng to employees who work on a public contract,either
at the tithe 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 days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's tate of wage, salary, benefits or other compensation with another employee or
another person and mai- not retaliate against an employee who discusses rhe employee's
rate of wage, salary, benefits or tither co ripe- isation with another employee or a3.xother
Person.
D. Contractor must comply with rhe pay equity provisions in OR{q 652.220. Corr►pliancc is ;i
material element of this Agreement and fRilure to comply v,-ill be deemed a breach drat
csititles City to termin-,te this Agrrcrrmrnt For rause.
20. NON-DISCRIMINATIOI1
Contractor will comply with all federal, state,and local laves, codes,reg dons, and ordinances
applicable to the provision of set�ices under this Agreement,including,without ]imitation;
A. 'Tule VI of the Civil Rights Act of 1964;
B. Secdori V of the Rehabilitadon Act of 1973;
C. The Americans with Disabilities Act of 1990, as arnended by the ADA A nendrnents Act
(A 1)AAAA) of 2008 (Ptib L No 101- 336); and
D. ORS 659A,142,including all amendments of and regulations and administrative rules, and
all other applicable requirernents of federal and state civil rights and rehabilitation statutes,
rides and rcgu tions.
1. ERRORS
Contractor xvi11 perform such additional work -is nae be necessary to correct errors in the
work ro gkiired under rhis Agreement"Without undue delays and VVI out additional cost.
22. EXTRA (CHANGES) WOR
Only the CiWs Project Manager for this Agre=ent may change or authorize additional work-
Failure of Contractor to secure authotizadon for ertra work comstitures a waiver of all right ro
adjust the contrar=t price t>t contract [irne due to suds unauthoM- ed emtra work and Contractor
%,.dl not be catided to compensation for rhe performance of unauthorized work,
23. WARRANTIES
Contractor will guarantee work for a period of o�ie year after the dare of final acceptance of
the work by the owner_ Contractor warrants that all practices and procedures,u+orkmansEp
and =tcriais are the best avai.iable unless otherwise specified in rhe profession, Neither
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acceptance of the work nor payment therefore relieves Contractor horn liabiliry under
w=antics ca=-L nc d in or implied by this Agrcuncrnt.
Any intellectual property rights delivered to the City under this Agreement and Contractor's
sen-ices rendered in die performance of Contractors obligations under this Agreement, kvill
be pro6ded to the Cit}- free and clear of any and A restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, clams,
mortgages, security interests, liabilities, charges, and enc=br=ces of my kind.
4. ATTORNEY'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,YENUE
The proiisions of this Ag-reetnem are govctried by Oregon law- Venue will be the State of
Oregon Circuir Couri in Washington CouncY or rhe U.S. DisrricG Court for Oregon, Portlan&
26. CQMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply Ath A applicable federal, state and local laws, rules and regulations
applicable to the work in chis Agreement.
27. ONFL.I T BETWEEN TERMS
In the Event of a conflict between the terizis of this Agreement and Contractor's proposal this
Agreemear will control. In the event of conflict behveen a groVision in the main body of the
�l rezment and a provision in die Exhibits,the prmrision in the main body-of the Agreement wil.1
control. In the meat of an inconsistency between Exhibit A and Emit B, Exhibit A will
control_
28. AUDIT,
Contractor wiU =intain records to assure conformance with �he terms and condidons of this
Agrcctnest azzd to assure adequafe performance and accurate expend nares within the contraci
period. Conrracror agrees ro permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this AgrcCtcat to assure
the accurate e-xpenditure of funds,
29. SEVERABILITY
In the event any proyisiotr or portion ofthis. Agreement is held to be unesforceabIc or i 1VAd
by any court of competent jurisdiction, the validity of tlie rernaining terms and provisions will
not be impaired unless rhe illegal or unenforceable provision affects a significant right or
respoasiHin-, in which case the adversely- affected party mai- request renegotiation of Elie
Agreement and, if negotiations fail, may terminate the Agreement.
30. COMPLIANCE WITH TAX LA '
Contractor represents and warrants than Contractor is, to the best of the undersigned's
knowledge, nok i 1 violatioix of my Oregon tax laws including but not limited to CTS 305.620
and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this
y� �ii a p J -'10 1 i'./19/2019, _ i
state or a poli6cg subdivision (3f this state before the Contractor executed this Agreefr ent or
during the term of this Agi:ccmcnt is a de#'tuft for which the City mRy terminate dus Agreemt�nt
artd sick damsrges unci other relief ava laGble under the terms of d s Agreement or applicable
l aur.
IN WITNESS WHEREOF,City and Contractor have caused this agreement to he eK red h%' their
duly 2uthorl7cd officials_
CITY OF TIGARD Yi OC, LLC
v. By-
Name: Steve Rymer Dame: �llF'i11.
Title: City Manager
Date= 04/26/2021 Dare:
PS-1 Trmplatr—Rtkigd 5 f 1,q/201 0
EXHIBIT A
SERVICES TO BE PROVIDED
INT RODUCTIOI
Thu City began working on the City- Facilities Consolidation (CFF ptaject in 2019, The
redevelopment Team working on the project has been a combinatiort of cit} employees and
consultants (DLR Group, Kerns &West,PacWesr Communications), The Redevelopment Tenor has
presented the business case and a potential savmi gs of the CNC project to Tigard City Council twice
and been gi cn approvai to continue mo�ing the project forward.
loot the CFC there are mmy moving pieces when it comes to potential property sites. The Burnh2su
and Hall property currency houses the Public Works building and is desired for the CFC. Access
through property located at Buni am and Ash is needed, Thi City}• leases several buildingsn this
property and swill nvud to come to agreement with tht curren� property ovoiet Forest Johnson for
road access. In addition, there is a possibility that the City may need to purchase proper adjoi_nin
CityHall. Both the iply and KEi properties are ofinterest.
As the project scope has continued eo grow,and project responsibffities have been disaibuted among
the Leadership Team,ii is recognized a pzoject coordinator is needed to manage the various parts of
the project,
SCOPE OF WORK
1, Project Coordinator—
a. Develop and maintain project schedule for all phases of work—including both the City
Hall/Police Dept project and the Public Warks facility project -- to ensure that the
Project teams are able to assemble enough information on the project to ask voters for
approval of such in November 2021.
b. %Vork -%ith internal emit external project teams m:
* Estimate task durations and linkages
* Identi£t=project milestones and steps necessary' to achieve such
* Coordinate hath City Hall/Police Dept and Public forks piojects to ensure
linkages between each remain constant
* Track progress on design, financLng, loud ncquisitions, required internal and
external approvals, acid id endpotential slippages and roadblocks for the teams
. FinancQ As�,i5taijci� —
a. Work with Tigard Finance Deparanent to prepare an overall project btidget— including
bode City Hall/Police Dept and Public Works.
b. Coordia4cxe the pmparatloa of conwuctioli cosy estimates.
C' l'toride estimates for ptolect soft cosh,incluciin ,but not limited to,design fees and costs,
permit and approval costs, udlity connection fees, other Finance and legal Fees,
conungencles, project management cosEE and financing co SES.
d. Coordinaw with City Finance Director on funding/financing strategies,
e. Lead cashtlow analysis to coordinate with project schedule.
PSA 'lcmplam—ReViscd 5/15/2019
3. Assist with Potential Real Estate Acgtusiri011s -
a. Prepare draft tetra sleet.
b. Ne bate terms vArh seller.
c, fork with City Legal Department to prepare agreement for purchase.
d, Work voith seller to reach agreetneat on terms of agreement for purchasc.
e, C:ootdinate City's acquisition due diligence efforts.
£ .assist City in understanding results of due diligence.
g_ As appropriate, assIA City ire dosing on transaction.
4. Redevelopment Opportunitie,;
a. Work nvith City's Community Dc.-eloptment Department and consult with private
developers on the feasibiky of redevelopment of the reina.inder parcels.
COST/RATE ESTIMATES
1, Conttacror will perform the,Scope ref Work items 1-4 in a diligent manner and anticipates that the
rami fee for stich scope should not exceed$52,500_ Contractor kvM bill the Citi-on an hourly-iasis
for work completed and twill provide the Cid' with a detailed invoice at the end of each calendar
month indicating the work completed as of the date of the invoice. Eich invoice 'X�11 Mote a
cumulative toml amount invoiced under the Agreement so that Contractor and Citi-can monitor
contract amounts.
2. Additional work substantially similar to the Scope of Wotk itetxts tU be performed on an as-
necdcdl basis at 5175.00 per hour widi the total invoiced amount not to cxrccd $65,000.00
131 ,
PS-A Templam—Re%Ased 5/15/2019