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Trainer Tyra, LLC ~ C220035 ~ Black History Month Presentation CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C220035 Contract Start Date: February 15, 2022 Contract End Date: March 25, 2022 Contract Title: Black History Month Presentation Contractor Name: Trainer Tyra LLC Contract Manager: Marissa Grass Department: PW Z HR Contract Costs Original Contract Amount: $600.00 Total All Previous Amendments: Total of this Amendment: n a Total Contract Amount: $600.00 Procurement Authority Contract Type: Presenter Agreement Procurement Type: Small Procurement <=$1OK Solicitation Number: LCRB Date: Account String: Fund-Division-Account Work Order—ActivitLyPe Amount FY 22 600-1100-54001 $600.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: No Insurance Requirements DocuSign Routing Route for Signature Name Email Address Contractor Tyra Lovato tyra(ktrainertyra.com City of Tigard Steve Rymer stever(ktigard-or.gov Final Distribution Contractor Tyra Lovato 1yraktrainertyra.com Project Manager Marissa Grass marissa ti and-or. ov Project Manager Violet Ro ers-Stultz violetr ti and-or. ov Buyer Toni Riccardi tonir ti and-or. ov DocuSign Envelope ID:7EFFB318-FA98-4DF7-B6FF-6C986C8C450D Contract Number C220035 CITY OF TIGARD,OREGON PRESENTER AGREEMENT BLACK HISTORY MONTH PRESENTATION THIS AGREEMENT made and entered into by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Trainer Tyra, LLC, 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 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 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 The term of this Agreement is effective on February 15,2022,or upon the date this Agreement is fully executed by both parties, whichever is later, and expires on March 25, 2022, unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Presenter an amount not to exceed $600.00 for performance of those services described in Exhibit A. 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 TRAINER TYRA LLC Attn: Marissa Grass Attn: Tyra Lovato Address: 13125 SW Hall Boulevard Address: 5020 NE MLK Jr. Blvd. Tigard, Oregon 97223 Portland, Oregon 97211 Phone: (503) 718-2428 Phone: 951-315-1819 Email: Marissa ti ard-or. ov Email: tryaktrainertyra.com Rev. 1/22 11 P a g e DocuSign Envelope ID:7EFFB318-FA98-4DF7-B6FF-6C986C8C450D 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. 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. Rev. 1/22 2 1 P a g e DocuSign Envelope ID:7EFFB318-FA98-4DF7-B6FF-6C986C8C450D 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 famished. Presenter further 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. Rev. 1/22 3 1 P a g e DocuSign Envelope ID:7EFFB318-FA98-4DF7-B6FF-6C986C8C450D CITY OF TIGARD TRAINER TYRA LLC oocusgrye ey: pmi6pwd y: tr By: Authorized City Official By: Authorized Agent of Presenter Steve Rymer Tyra Lovato Name Name 2/10/2022 2/7/2022 Date Date Rev. 1/22 4 P a g e DocuSign Envelope ID:7EFFB318-FA98-4DF7-B6FF-6C986C8C450D EXHIBIT A SCOPE OF WORK Trainer Tyra LLC 5020 NE MLK Jr. Blvd. Portland, OR 97211 951-315-1819 tyra@trainertyra.com Tax ID: 83-1427727 Scope of Work and Fee Statement Scope: Trainer Tyra LLC will lead City of Tigard staff through a workshop that will encompass motivational speaking,wellness mindfulness,team building, and a joyful movement session. The workshop will be a cultural movement workshop for Black History Month held via Zoom on February 28th from 11:00am to 12:30pm. Trainer Tyra's focus is removing all barriers to wellness for Black Women, POC,QTPOC and all underestimated communities. Agenda • Opening:Welcome and Land/Enslaved Peoples Acknowledgment (10 mins) • Topic:Black history,what about Black futures month from a wellness lens? (15 mins) • Joyful Movement:My People's Cardio,Yoga and Mindful Meditation(25 mins) • Close: Open round table (20 mins) Duration: 90 minutes Fee: $600 Movement Descriptions: MY PEOPLE'S CARDIO Are you a shower dancer?Do you have to drop it in the middle of cleaning to that sick background beat? Then you are my people! Get that heart rate up as you smile and shake to hip-hop,Afrobeat and throwback jams.All abilities are WELCOME. All BODIES are good bodies. There will be chair and standing options.We are communal and will move communally. This is open to all race, sex and gender identities. YOGA This yoga practice is all about the pranayama(breathing). We are stripping out what you come to know and see in American yoga classes;no perfectionism,no judgements,no handstands,no grunting,no chaotic minds. All abilities are WELCOME.All BODIES are good bodies. There will be chair,mat and standing options.We are communal and will move communally. This is open to all race, sex and gender identities. Rev. 1/22 5 1 P a g e