Decisions Decisions ~ C120021 City of Tigard
13125 S1x'Hall Blvd.
CONTRACT CHANGE ORDER Tigard,Oregon 97223
AMENDMENT SUMMARY FORM Phone- (503) 639-4171
Fax- (503) 684-7297
Project Tide: Team Building/CoachiM Services Project Manager:Loreen Mills
Contractor: Solid Ground Consulting Group Original Contract#: C120021
(formerly Decisions Decisions)
Effective Dates: Original Contract 10/1/2011 — Change Order/Arnendtnent Amount: $50,000
10/1/2014—Contract Change Order extends
contract to 10/1/2018
Accounting String.100-0500-54001 for Council Amendment Percentage Running Total: N/A
Support and xxx-xxxx-54311 or 54001 for staff
coachin services
AMENDMENT DETAILS
Decisions Decisions was selected for services after obtaining three informal quotes in 2011 for a contract total of
$20,000. The company has changed their name to Solid Ground Consultin Group.
Purchasing Rules have now changed and now allow personal service contracts to be awarded up to $99,999 with
3 informal quotes. Based on the current contract amount of$20,000, the contract could be increased almost
$80,000 under the new rules.
The current contract expires 10/1/2014 and we currently have$4,538 of the ori final$20,000 contract.
This consultant is in the middle of providing Council support and will use more than $4,538 on the current
contract by the end of summer 2013. Because this consultant is engaged 'n long term support of Council, a
change order is necessa • to continue this work uninterru ted.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
• Change the business name to Solid Ground
Consulting Group. $50,000
• Extend the contract an additional 4 years, to
expire 10/1/2018.
■ Ada an additional$50,000 to the contract
amount based on updated purchasing rules which
bri= the total contract amount to $70,000.
REASONING FOR CHANGE ORDER/AMENDMENT
Purchasing rules now allow a higher contract amount after 3 informal quotes and this consultant is engaged in
work that is longterm in nature with the City Council.
REQUESTING PROJECT MANAGERPR 1NG CITY aTAFF
Si afore afore
J
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed inthe original contract along with all N/AContxactor signed contract amendment form.
applicable rules,regulations,and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form,once completed,is to N/A
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met.
Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
TEAM BUILDING/COACHING SERVICES
AMENDMENT #1 TO CONTRACT #0.20021
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City-, and Decisions Decision, now Solid Ground Consulting, hereinafter referred to as Contractor,
entered into on the I" day of October, 2011, is hereby amended as follows:
EFFECTIVE DATES AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise
terminated or extended, on October 1, 2018. All work under this Agreement shall be completed prior to
the expiration of this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Seventy Thousand and. No/100 Dollars ($70,000.00)
for the contract for performance of those services described in this Agreement. Payment will be made based
on Contractor'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 Contractor's invoicc..
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 I SOLID GROUND CONSULTING
Attn: Lorcen Mills, Asst. to the City Nlana er kttn: ]cue Hc:rtzber
Address: 13125 SW Hall Boulevard Address: 1001 SE Water Avenue, Suite 360
Tigard, Oregon 97223 Portland, Oregon 97214
Phone: (503) 718-2417 1 Phone: (503) 249--0000
Fax: 503 639-9795 Fax: 503 249.0054
Email: loreenr(tigard-or.gn\• Email: jocb�ssolidgroundconsultin;.coni
.EXHIBIT A-SCOPE OF WORK
All duties under Exhibit A of the .Agreement shall remain in effect under this .'amendment.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD SOLID 0 O G
Si re Signature j
'rinsed Name: Printed Name
late Date
Contract# e. U c?c
RECEIVED
ry
RISK
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1S` day of October, 2011, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Decisions Decisions,
hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
City has determined that Contractor 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:
SCOPE OF WORK
Contractor shall initiate services upon receipt of City's notice to proceed together with an executed copy of
this Agreement. Contractor 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
This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise
terminated or extended, on October 1, 2014. All work under this Agreement shall be completed prior to
the expiration of this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Twenty Thousand and no/100 Dollars ($20,000.00)
for the three year contract for performance of those services described in this Agreement. Payment will be
made based on Contractor'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 Contractor'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 Personal Service Agreement
Decisions Decisions 1
Contract# 4 d
-City of Tigard Decisions Decisions
Attn: Loreen Mills,Asst. to the City Manager Attn: Joe Hertzberg
13125 SW Hall Blvd. 1001 SE Water Ave.,Suite 360,
Tigard, Oregon 97223 Portland, OR 97214
Phone: 503.718.2417 Phone: 503.249.0000
Fax: 503.639.9795 Fax: 503.249.0054
Email Address: loreen ti ard-or. ov Email Address: joeQdecision2.com
CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor 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 Contractor is found by a court of law or any
administrative agency to be an employee of City for any purpose, City shall be en+itle( .j offset compensation
due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full
extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as
a result of said finding.
Contractor acknowledges that for all purposes related to this Agreement,Contractor 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 professional ability and training of Contractor as a material inducement to enter into
this Agreement. Contractor 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 contractor's work by City shall not operate as a waiver or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and employees
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 and (at both trial and appeal level,whether or not a
trial or appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's
acts (or failure to act when action is appropriate) that may be asserted by any person or entity which in any way
arise from or relate to this Agreement or the performance of obligations under this agreement, except liability
arising out of the sole negligence of the party being indemnified. The indemnification by Contractor of the City
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
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover allrisks arising directly or indirectly out of Contractor's activities or work
hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
City of Tigard Personal Service agreement
Decisions Decisions 2
Contract#—C 12 e)02,f
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor'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 (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Lint
General Aggregate $2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage(any one fire) 50,000
Medical Expense(any one person) 5,000
b. Business Automobile Liability Insurance
Contractor shall provide City a certificate indicating that Contractor has business automobile liability
coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence
shall not be less than $2,000,000. Said insurance shall name City as an additional insured and shall require
written notice to City thirty(30)days in advance of cancellation.
c. Workers' Compensation Insurance
The contractor,its Subcontractors,if any, and all employers providing work, labor, or materials under
this Contract that are subject employers under the Oregon Workers' Compensation 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. Contractors who perform work without the assistance or labor of any
employee need not obtain workers' compensation coverage. All non-exempt employers shall provide
Employer's Liability Insurance with coverage limits of not less than $500,000 each accident.
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
e. Certificates of Insurance or Copies of Auto Insurance Coverage
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance or copies of their auto insurance to the City. No contract shall be effected
until the required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or
loss caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before either before the
work is completed or the 1" day of October 2014 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
City of Tigard Personal Service Agreement
Decisions Decisions 3
Contract
termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor 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
All existing materials and modified materials are and shall remain the exclusive property of the Contractor.
All new materials not assigned by the City to the Contractor shall become the property of the City. The
Contractor retains the right to use the materials so long as they do not violate the confidentiality of the City.
GOVERNING LAW
Contractor 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 Chapter 279 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, Contractor must make payment promptly as due to persons supplying Contractor labor or
materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts
due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor 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 fi mished. Contractor 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. Contractor, by the signature of its authorized
representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be
bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD DECISIONS DECISI N
Loreen Mills,Asst. to the City Manager By: Joe Hertzberg
�/- � -/I
Date Date
City of Tigard Personal Sen ice Agreement
Decisions Decisions 4
Contract#—C
Exhibit A
Scope of Work
• Team building /goal setting services for the City Council
o Direction will be provided by the City Manager
o Facilitate offsite workshops for City Council and the City Manager (can require meeting with
team members individually prior to workshops)
o Work with City Manager,Mayor and Councilors to follow-up as appropriate
o Consultant shall bill at an hourly rate of$250 per hour.
• Team building/coaching services for City staff
o Direction will be provided by the Human Resources Director
o Provide team building, coaching and supportive services for managers and staff
o Consultant shall bill at an hourly rate of$250 per hour.
• Other services for City staff
o Direction will be provided by the Assistant to the City Manager
o Provide other organizational development services, leadership and group effectiveness
training, strategic planning and other services as necessary.
o Consultant shall bill at an hourly rate of$250 per hour.
City of Tigard Personal Service Agreement
Decisions Decisions 5