Anne R. Carroll Dba Carroll, Franck & Associates ~ 32500058
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32500058
Contract Start Date: 2/10/2025 Contract End Date: 3/1/2025
Contract Title: Designing for Diversity Training
Contractor Name: Anne R. Carroll dba Carroll, Franck & Associates
Contract Manager: Judi Martin
Department: DEIB – Equity Advisory Committee
Contract Costs
Original Contract Amount: $7,500
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $7,500
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.015 C. Direct Appointment <=$20K
Solicitation Number: n/a
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 25 6001700-54001 $7,500
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:
DocuSign Routing
Route for Signature Name Email Address
Contractor Anne R Carroll carrfran@gmail.com
City of Tigard Emily Tritsch emily.tritsch@tigard-or.gov
Final Distribution
Contractor Anne R Carroll carrfran@gmail.com
Project Manager Judi Martin Judi.martin@tigard-or.gov
Project Manager Kent Wyatt kentw@tigard-or.gov
Project Manager Rebecca Hathaway rebecca.hathaway@tigard-or.gov
Buyer Rosie McGown Rosie.mcgown@tigard-or.gov
Designing for Diversity Training 32500058 1 | P a g e
Contract Number 32500058
CITY OF TIGARD, OREGON
PRESENTER AGREEMENT
DESIGNING FOR DIVERSITY TRAINING
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 Anne R. Carroll dba Carroll, Franck
& Associates, 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:
1. 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.
2. EFFECTIVE DATE AND DURATION
The term of this Agreement is effective upon the date this Agreement is fully executed by
both parties, and expires on March 1, 2025, unless otherwise terminated or extended. All work
under this Agreement must be completed prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Presenter an amount not to exceed $7,500.00 for performance of those
services and travel expenses described in Exhibit A. 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.
A. Presenter will invoice onsite travel expenses separately from performance of services
and other expenses. For onsite travel to the City, Presenter will follow the City policy
and guidelines for travel and provide the City with an estimate of expenses two (2) weeks
prior to the planned onsite travel. The City will review these expenses and provide the
Contractor with an approval.
4. 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:
Docusign Envelope ID: 38E44921-28EF-443C-A349-60D7176DD491
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CITY OF TIGARD PRESENTER
Attn: Judi Martin Attn: Anne R Carroll
Address: 13125 SW Hall Boulevard
Tigard, Oregon 97223
Address: 1357 Highland Parkway
Saint Paul, MN 55116
Phone: (503) 718-2595 Phone: (651) 245-3702
Email: judi.martin@tigard-or.gov Email: carrfran@gmail.com
5. 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.
6. 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.
7. 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.
Docusign Envelope ID: 38E44921-28EF-443C-A349-60D7176DD491
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8. TERMINATION
The Parties agree that any decision by either party to terminate this Agreement before the
work is completed or the Agreement term has expired, 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.
9. AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all Parties.
10. 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.
11. 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.
12. STATUTORILY REQUIRED PROVISIONS
A. Presenter will pay to the Department of Revenue all sums withheld from employees
[Required by ORS 316.167].
B. Presenter will pay all contributions or amounts due the Industrial Accident Fund from the
Presenter or any subcontractor in the performance of this Agreement. [Required by ORS
279B.220(2)]
C. As a condition of this Agreement, Presenter will make payment promptly, as due, to all
persons supplying labor or materials for the performance of the work provided for in
this Agreement. [Required by ORS 279B.220 (1)]
D. In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
i. Presenter may not employ an individual for more than 10 hours in any one day, or
40 hours in any one week, except as provided by law. For contracts for personal
services, as defined in ORS 279A.055, Presenter must pay employees at least time
and a half pay for all overtime the employees work in excess of 40 hours in any
one week, except for employees who are excluded under ORS 653.010 to 653.261
or under 29 U.S.C. 201 to 209 from receiving overtime.
ii. Presenter 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 days per week that the employees may be required to work.
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iii. Presenter may not prohibit any of Presenter’s employees from discussing the
employee’s rate of wage, salary, benefits or other compensation with another
employee or another person and may not retaliate against an employee who
discusses the employee’s rate of wage, salary, benefits or other compensation with
another employee or another person.
iv. Presenter must comply with 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.
E. Presenter may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished. [Required by ORS 279B.220 (3)]
F. Presenter represents and warrants that Presenter 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. Presenter’s failure to comply with the tax
laws of this state or a political subdivision of this state before the Presenter executed this
Agreement or during the term of this Agreement is a default for which the City may
terminate this Agreement and seek damages and other relief available under the terms of
this Agreement or applicable law. [Required by ORS 279B.045]
G. Presenter will 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 Presenter, of all sums that
Presenter agrees to pay for the services and all moneys and sums that Presenter collected
or deducted from the wages of employees pursuant to any law, contract, or agreement for
the purpose of providing or paying for services. [Required by ORS 279B.230 (1)]
H. If Presenter fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Presenter or a subcontractor by any person as such claim becomes
due, Presenter is liable for the amount of the unpaid overtime wages and in an additional
amount equal to the unpaid overtime wages as liquidated damages. [Required by ORS
279B.020 (9)]
13. MISCELLANEOUS PROVISIONS
A. Choice of Law, Venue. The 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.
B. 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.
C. Business License. Presenter 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 31st expiration date. New businesses operating in
Tigard after June 30th of the current year will pay a pro-rated fee through the end of the
calendar year.
D. Electronic Signatures. City may use Electronic Signatures as defined in the Electronic
Signatures in Global and National Commerce Act. Under ORS 84.014. Presenter’s consent
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is not required for this Agreement to be executed using Electronic Signatures. Even if
ORS 84.014 is determined to be inapplicable or invalid, Presenter grants such consent.
E. Retirement System. Presenter 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.
F. Hazardous Materials. Presenter will comply with all federal Occupational Safety and
Health Administration (OSHA) requirements and all Oregon safety and health
requirements. In accordance with OSHA and Oregon OSHA Hazard Communication
Rules, if any goods or services 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 Presenter to provide the City with the following information: all applicable Safety Data
Sheets, the identity of the chemical/s, how Presenter will inform employees about any
precautions necessary, an explanation of any labeling system, and the safe work practices
to prevent exposure. In addition, Presenter must label, tag, or mark such goods.
14. 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.
CITY OF TIGARD PRESENTER
By: Authorized City Official By: Authorized Agent of Presenter
Name Name
Date Date
Docusign Envelope ID: 38E44921-28EF-443C-A349-60D7176DD491
Anne R Carroll
2/11/2025
Emily Tritsch
2/14/2025
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EXHIBIT A
SCOPE OF WORK
SCOPE OF WORK
Presenter will deliver an in-person training course, Designing for Diversity, to up to 16 staff members
on February 24 and February 26, 2025. The course will include two Tigard-specific cases.
City will provide:
1. Marketing, registration, and internal communications
2. Venue: City of Tigard Library
3. Course and participant supplies and equipment
a. Copies of Participant Manuals (~70 pp) + cover and spine if City is using binders
b. Participant provided laptops with extension cords to reach outlets: These are required for
design and workplanning
c. LCD projector and screen or white wall
d. Audio system (for videos used during course; no mic required)
e. Flipchart paper, at least 30 full-size, unlined sheets, self-stick
f. Participant nametags (if stick-on, 2 sets…one for each day)
g. Optional: Participant table tents (trainer can provide template if needed)
h. Heavy duty extension cord with multiplug -- or cart
i. Wi-fi is required for training and all participants
j. Google Drive during the training and at participant workplaces: Participants must have full,
unrestricted access to Google Drive /docs, Vimeo, and YouTube (to play a video included
in the course); any limitations imposed by the client organization on participant access to
these sites/content must be removed for the duration of the course and at their workplaces
so they can use the materials afterwards
4. Meals and snacks
a. Ideally, a light breakfast such as bagels and cream cheese, yogurt, simple fruit, and drinks
b. High-protein/low-sugar lunch
c. Morning-afternoon snacks/drinks
Presenter will provide:
1. E-versions of participant materials: Participant Manual + cover and spine, and all other e-materials
via Google Drive
2. Trainer and course supplies
3. Trainer laptop
4. All participant exercise supplies and materials, including:
a. Sticky wall to affix to flat wall with heavy-duty painter’s tape; 12’ wide x 5’ high
b. Markers and painter’s tape
SCHEDULE MILESTONES
Training will occur on February 24 and February 26, 2025.
COST/RATE ESTIMATES
City will pay Presenter $6,000 for delivering the training
City will reimburse Presenter for travel expenses including flight, lodging, and food in alignment
with city Travel Policy. City will pay for actual expenses incurred; travel will not exceed $1,500.
o Driving is not included in the scope of this agreement and the City will not reimburse
Presenter for any driving related expenses, including, but not limited to a rental car or
mileage.
Docusign Envelope ID: 38E44921-28EF-443C-A349-60D7176DD491