Tualatin Riverkeepers ~ C230002 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C230002
Contract Start Date: 07/15/2022 Contract End Date: 06/30/2023
Contract Title: Nature Education Program
Contractor Name: Tualatin Riverkeepers
Contract Manager: Kaitlyn Leaf
Department: PW
Contract Costs
Original Contract Amount: $20,000.00
Total All Previous Amendments: N/A
Total of this Amendment:
Total Contract Amount: $20,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.015 C. Direct Appointment <=$20K
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit): yPe Amount
FY 22/23 270-6160-54001 $10,000.00
FY 22/23 510-6700-54001 $10,000.00
Contracts & Purchasing AVproval
Purchasing Signature:
Comments:
DocuSign Routing
Route for Signature Name Email Address
Contractor Jan Wilson jan&tualatinriverkeepers.org
City of Tigard Steve Rymer stever&tigard-or.gov
Final Distribution
Contractor Jan Wilson 'an tualatinriverkee ers.or
Project Manager Kaitlyn Leaf kaitl nl ti ardor. ov
Buyer Toni Riccardi tonir ti and-or. ov
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Contract Number C230002
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
NATURE EDUCATION PROGRAMS
THIS AGREEMENT made and entered into this 13'day of June,2022 by and between the City of Tigard,
a municipal corporation of the State of Oregon,hereinafter called City,and Tualatin Riverkeepers,hereinafter
called Consultant.
RECITALS
WHEREAS, the City's 2022-23 fiscal year budget provides for services related to an education plan and
program at Dirksen Nature Parks; and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Consultant, and
WHEREAS, City has determined that Consultant 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:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Contract. Consultant agrees to complete work that is detailed in Exhibit A
and by this reference made a part hereof. Any and all work assigned by the City will be contained in
subsequent scope of work as needed.
2. EFFECTIVE DATE AND DURATION
This Contract shall become effective on July 15, 2022, and shall expire, unless otherwise terminated
or extended,on June 30,2023. All work under this Contract shall be completed prior to the expiration
of this Contract.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from the
work under this Contract. The total amount paid to the Consultant by the City shall not exceed
Twenty Thousand and No/100 Dollars ($20,000.00) for all tasks completed. Any and all payments
made to the Consultant shall be based upon the following applicable terms:
A. Payment by City to Consultant for performance of services under this Contract includes all
expenses incurred by Consultant, with the exception of expenses, if identified in this
Contract as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the approval of
the City Manager, or designee,with first installment payment due at execution,July 15th of each
contract year.
C. Final payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
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D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for
the execution of this work.
E. Consultant shall make payments promptly, as due, for any and all damage resulting from
Consultants use of City property and City facilities.
F. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
G. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
H. If Consultant fails,neglects or refuses to make prompt payment of any claim for labor or services
furnished to Consultant 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 against funds due or
to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
I. Consultant shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one week except for individuals under the contract who are excluded under ORS
653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
J. Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury to the employees of Consultant or all sums which Consultant agrees
to pay for such services and all moneys and sums which Consultant collected or deducted from
the wages of employees pursuant to any law, contract or agreement for the purpose of providing
or paying for such service.
K. The City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this contract during the current fiscal year. Funding during future fiscal years shall be subject
to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Contract, including any computations, plans, correspondence or
pertinent data and information gathered by or computed by Consultant prior to termination of this
Contract by Consultant or upon completion of the work pursuant to this Contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Contract without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If City agrees to assignment of tasks to a subcontract,
Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all persons
employed by them, and neither the approval by City of any subcontractor nor anything contained
herein shall be deemed to create any contractual relation between the subcontractor and City.
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6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Contract, Consultant is and shall be
deemed to be an independent Consultant 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
Consultant 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 Consultant under the terms of this Contract, to the full extent of any benefits or
other remuneration Consultant 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 Consultant or to a third party)
as a result of said finding.
B. The undersigned Consultant 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 Consultant, either directly or indirectly, in connection with the letting or
performance of this Contract, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Consultant certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
Consultant 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.
C. Consultant shall obtain, prior to the execution of any performance under this Contract, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the current
year will pay a pro-rated fee though the end of the calendar year.
D. Consultant is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement to
enter into this Contract. Consultant represents that all of 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 Consultant's work by City shall
not operate as a waiver or release.
Consultant 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
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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.
8. INSURANCE
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out
of Consultant's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
Emits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Sexual Abuse/Molestiation Liability Insurance
Consultant shall also obtain at Consultant's expense and keep in effect during the term of the
contract,Sexual Abuse/Molestation Liability coverage for work with youth under this Agreement.
The Combined Single Limit per occurrence shall not be less than$1,000,000.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned,hired, and
non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall
not be less than$2,000,000.
If Consultant uses a personally-owned vehicle for business use under this contract,the Consultant
shall obtain, at Consultant's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence shall not be less than $2,000,000.
D. Workers' Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
shall comply with ORS 656.017,which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers. Out-of-state employers 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. Consultants who perform work without the
assistance or labor of any employee need not obtain workers' compensation coverage. All non-
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exempt employers shall provide Employer's Liability Insurance with coverage limits of not less
than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
F. Insurance Carrier Rating
Coverages provided by the Consultant must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
G. Self-Insurance
The City understands that some Consultants may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If the Consultant is self-insured for commercial general liability
or automobile liability insurance the Consultant must provide evidence of such self-insurance.
The Consultant must provide a Certificate of Insurance showing 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.
H. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration.
I. Independent Consultant Status
The service or services to be rendered under this contract are those of an independent Consultant.
Consultant is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
J. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted 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.
K. 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 contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
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At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may 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 shall not be construed to limit Consultant's liability hereunder.
Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage,
injury, or loss caused by negligence or neglect connected with this contract.
9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices, bills and payments shall be made in writing and may be given by personal delivery, mail
or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices,bills,payments, and other information:
CITY OF TIGARD TUALATIN RIVER KEEPERS
Attn: Kaitlyn Leaf Attn: Jan Wilson
Address: 13125 SW Hall Blvd Address: 11675 SW Hazelbrook Rd
Tigard, Oregon 97223 Tigard, Oregon 97062
Phone: (503) 718-2604 Phone: (503) 218-2580
Email: KaitlyfflAtigard-or.gov Email: janktualadnriverkeepers.org
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances,notices,bills and
payments shall 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 written notice
pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Contract between the parties with respect to
the included terms and as a complete and exclusive statement of the terms of the Contract. No
modification of this Contract shall be effective unless and until it is made in writing and signed by
both parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by a
Consultant that does not represent clients on matters contrary to City interests. Further, Consultant
shall not engage services of an attorney and/or other professional who individually, or through
members of his/her same firm, represents clients on matters contrary to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the services on
an attorney and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests, Consultant shall consult with the appropriate
City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (B) (3) of this agreement.
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12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this Contract
by giving notice to Consultant. If City terminates the contract pursuant to this paragraph,it shall pay
Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Contract effective upon delivery of written notice to Consultant, or at
such later date as may be established by City, under any of the following conditions:
1) 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 Contract
may be modified to accommodate a reduction in funds
2) If federal or state regulations or guidelines are modified, changed,or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this Contract.
3) If any license or certificate required by law or regulation to be held by Consultant, its
subcontractors, agents,and employees to provide the services required by this Contract is for
any reason denied, revoked, or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Consultant, if a receiver or trustee is appointed for Consultant, or if there is an
assignment for the benefit of creditors of Consultant.
Any such termination of this agreement under paragraph (A) shall 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 Consultant, may terminate the
whole or any part of this Contract:
1) If Consultant fails to provide services called for by this agreement within the time specified
herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Contract,or so 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, fails to correct such failures within ten (10) days or such
other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including breach
of contract) by Consultant shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
If City terminates this Contract under paragraph (B), Consultant shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred,an amount which bears the
same ratio to the total fees specified in this Contract as the services satisfactorily rendered by
Consultant bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any,sustained
by City due to breach of contract by Consultant. Damages for breach of contract shall be those
allowed by Oregon law,reasonable and necessary attorney fees,and other costs of litigation at trial
and upon appeal.
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14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Contract for the purpose of making audit, examination, excerpts and transcripts.
15. FORCE MA EURE
Neither City nor Consultant shall 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 a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification shall not be the
basis for a claim for additional compensation. Each party shall,however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently
pursue performance of its obligation under the Contract.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of
this Contract 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.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established
pursuant to those laws.
18. ERRORS
Consultant shall perform such additional work as may be necessary to correct errors in the work
required under this Contract without undue delays and without additional cost.
19. EXTRA (CHANGES)
Only the City's Project Manager for this Contract may authorize extra (and/or change) work. Failure
of Consultant to secure authorization for extra work shall constitute a waiver of all right to adjustment
in the contract price or contract time due to such unauthorized extra work and Consultant thereafter
shall be entitled to no compensation whatsoever for the performance of such work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance
of the work by the owner. Consultant warrants that all practices and procedures, workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance
of the work nor payment therefore shall relieve Consultant from liability under warranties contained
in or implied by this Contract.
21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
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22. GOVERNING LAW
The provisions of this Contract shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Contract must be
brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapters 279A, 279B and 279C, the provisions of
which are hereby made a part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract,this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
25. AUDIT
Consultant shall maintain records to assure conformance with the terms and conditions of this
Contract, and to assure adequate performance and accurate expenditures within the contract period.
Consultant agrees to permit City,the State of Oregon,the federal government,or their duly authorized
representatives to audit all records pertaining to this Contract to assure the accurate expenditure of
funds.
26. SEVERABILITY
In the event any provision or portion of this Contract is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the
agreement.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Consultant labor
or materials for the execution of the work provided by this order. Consultant shall not permit any
lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor
or material to be furnished. Consultant further agrees to pay to the Department of Revenue all sums
withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight(8)hours
in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or
where the public policy absolutely requires it,and in such cases,except cases of contracts for personal
services as defined in ORS 279A.055, the labor shall be paid at least time and a half for all overtime
in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as
specified in ORS 279C.540. In cases of contracts for personal services as defined in ORS 279A.055,
any labor shall be paid at least time and a half for all hours worked in excess of forty(40) hours in any
one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS
201-209.
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29. MEDICAL CARE AND WORKERS' COMPENSATION
Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation,furnishing medical,surgical and hospital care or other needed care and attention incident
to sickness or injury,to the employees of such Consultant, of all sums which the Consultant agrees to
pay for such services and all moneys and sums which the Consultant collected or deducted from the
wages of the employees pursuant to any law, Consultant agreement for the purpose of providing or
paying for such service.
30. COMPLETE AGREEMENT
This Contract,including the exhibits,is intended both as a final expression of the Contract between the
Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between
a provision in the main body of the Contract and a provision in the Exhibits, the provision in the main
body of the Contract shall control. In the event of an inconsistency between Exhibit A and Exhibit B,
Exhibit A shall control.
No waiver, consent, modification, or change of terms of this Contract shall bind either parry 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 Contract. Consultant,
by the signature of its authorized representative,hereby acknowledges that he/she has read this Contract,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Contract to be executed by its duly authorized undersigned
officer and Consultant has executed this Contract on the date hereinabove first written.
CITY OF TIGARD TUALATIN RIVERKEEPERS
oae�synea er- ��y�/�Qy.Bp,
By: By:Authorized Agent of Consultant
7/14/2022 7/14/2022
Date Date
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EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
Dirksen Nature Park was acquired by the City of Tigard in 2010. The site was purchased in part through
grants administered by Oregon Watershed Enhancement Board and Metro Regional Government. Grant
funding to purchase the property included requirements to administer a regional Environmental Education
Program at the site. Dirksen Nature Park provides all of the components for a superior nature education and
service learning site.The site,located off of Tigard Street,is 48 acres and includes Fanno and Summer Creeks,
forested wetlands,deciduous and coniferous forests, emergent wetlands,and riparian corridors. An air photo
showing the site boundaries is attached.
This Contract is for the provision of a nature educational program at Dirksen Nature Park. The City will
provide one portable building with a classroom,two restrooms,a mud room,and a small kitchen.The portable
building is located at 11130 SW Tigard Street. The building will be available to the Consultant for the length
of the Contract when reserved in advance through City staff.Damage to the building during the Consultant's
use will be the responsibility of the Consultant,who,upon invoice from the City,will promptly pay all damage
caused through actions of the Consultant, above and beyond damage for reasonable wear and tear.
SCOPE OF WORK
A. Nature Education
The Consultant will provide experiential (hands-on) nature education programming at Dirksen Nature
Park,including indoor,outdoor,and virtual activities. Programming will be provided for adults and youth
and provided in multiple formats,including but not limited to day camps, workshops, classes,webinars,
and service-learning events. Nature Education will be open to all in the Tualatin River basin, with
programming and outreach targeted to best serve the Tigard community. Consultant and Tigard
Recreation Coordinator will work together to ensure programming and fees meet Tigard Parks and
Recreation equity and access goals. Some sessions or events will educate Tualatin Riverkeepers staff and
volunteers,so they can provide safe,welcoming,and competent nature education opportunities for others
(using a"train the trainer"model).
Curriculum for the various educational activities will be developed in collaboration with partner entities
providing primary services to the targeted underserved populations (i.e., Centro Cultural, Community
Partners for Affordable Housing, Tualatin Soil & Water Conservation District, Adventures Without
Limits). Consultant will also provide the City with examples of the activities during curriculum
development and with enough advance notice to allow for meaningful opportunity for changes.
All staff and volunteers who have regular contact with youth will undergo a criminal background
investigation, and all staff and volunteers will be trained in cultural awareness, water and outdoor safety
and first aid (including CPR training and COVID protocols), and safe equipment and tool usage. The
program coordinator on site will be trained in emergency first-aid, including allergy response (EpiPen
usage).
B. Habitat Restoration and Enhancement
Contractor will provide opportunities to engage the general public in habitat restoration and enhancement,
trail improvement, trash clean-up activities, and other service projects in Dirksen Nature Park. The
projects will be developed in coordination with City staff, and the City reserves the right to review and
approve any curriculum or project descriptions that utilize funding under this Contract or to list the City's
name on any advertisement of such projects.
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C. River Outings for City Youth Day Camps
Contractor and City agree, under this Agreement, to authorize up to eight days of Contractor-supported
river outings (non-motorized paddle trips) for use by City summer youth day camp registrants during the
2022-2023 fiscal year. Paddle outings will occur at a location jointly determined by Consultant and City
staff, primarily at Cook Park. City staff will accompany and supervise the outings and their participants.
For any river programs, the Contractor shall have the following staffing and volunteers, all of which will
be trained in water safety and rescue, first-aid, and cultural awareness, and all of which undergo a recent
criminal background investigation:
• Trip Leaders — Each group must have a trip leader with experience and specific paddling and
water safety training necessary to expertly paddle a canoe or kayak on the Tualatin River and to
safely lead group paddle trips.
• Safety Boats—Each group must be accompanied by safety boaters,with water safety and rescue
training, at a ratio of one safety boater to each three youth or four adult participants. The trip
leader may function as an additional safety boater.
• Gear Coordinator — Each group must have a gear coordinator to ensure each participant is
properly fitted with a personal flotation device (pfd) and paddle, and to help participants safely
enter and exit the watercraft. The trip leader and/or safety boater may function as a gear
coordinator.
COVID-19 PROTOCOLS
The Contractor shall ensure that any and all OHA Guidelines related to the COVID-19 pandemic for their
specific program are followed.In addition,the Contractor shall provide the City with details on their COVI13-
19 protocols prior to the beginning of any activities under this Agreement.At any point the City reserves the
right to audit the events and make sure proper protocols are being followed.
FEE SCHEDULE
The City agrees to pay Consultant up to $20,000.00 annually for execution of the provisions of this contract.
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EXHIBIT B
CONTRACTOR COVID-19 VACCINATION ATTESTATION
City of Tigard Personnel Policy 80.0 COVID-19 Vaccination Requirement requires contractors must be full
vaccinated for the COVID-19 virus or have a documented medical or religious exemption if the contractor
personnel will (a) physically interact with Tigard staff or members of the public on behalf of the City in the
course of performing work under the contract or (b) provide goods or perform services on-site at City
buildings.
If you are unsure whether the vaccination requirement applies to you, please contact your Tigard contract
administrator/project manager to discuss further.
By signing this form, I certify and attest to the following:
® I am authorized to sign this certification on behalf of contractor and am authorized to legally bind
contractor.
® Contractor will not allow any unvaccinated employees, workers, or agents of the organization to
perform any services or provide goods pursuant to this City of Tigard contract where such work
includes (a) physically interacting with Tigard staff or members of the public on behalf of the City in
the course of performing work under this contract or (b) provide goods or perform services on-site
at City buildings.
® Contractor will ensure that any employees, workers, or agents of the organization engaged in work
pursuant to this contract will adhere to any and all of the City's health and safety guidelines for the
location where the work is performed, including wearing face coverings, distancing from others, and
isolating or quarantining if exposed to or contracting COVID-19.
® Contractor understands and agrees that failure to comply with these requirements,which are hereby
incorporated by reference as part of the terms and conditions in the Agreement, may result in the
termination of contract for default.
Jan Wilson
Print Name
7/14/2022
Date
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Signature
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