JLA Public Involvement ~ C100003 City of Tigard
13125 SW Hall Blvd.
CONTRACT CHANGE ORDER Tigard, Oregon 97223
AMENDMENT SUMMARY FORM
Phone - (503) 639-4171
Fax - (503) 684-7297
am I I www. ti and-or. oE-
Project Title: CAC Nfeeting Facilitation Project Niana er: Marissa Daniels
Contractor: JL A Public Involvement Original Contract # :-C�063rt— � Qd
Effective Dates : 5 / 14/2010 to 6 / 30 /2012 Change Order/Amendment Amount: $ 0 . 00
Accounting String: Amendment Percentage Running Total:
AMENDMENT DETAILS
Agreement Extended to 6/30 /2012
CHANGE ORDER DETAILS UNIT QTY UNIT $ TOTAL $
REASONING FOR CHANGE ORDER/AMENDMENT
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Nlarissa Daniels
Signature Signature
10/4/2011
Date Date
Contractor is hereby authorized by the City of Tigard to perform
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember — the cumulative total
of Amendments cannot exceed 25% of the original contract.
CITY OF TIGARD, OREGON
AMENDMENT TO PERSONAL SERVICES AGREEMENT #0110036
CAC MEETING FACILITATION
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and JLA Public Involvement, hereinafter referred to as Contractor, entered into on the 14`h dad-
of May, 2010, is hereby amended as follows :
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EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the 14`h of May, 2010, and shall expire, unless otherwise
terminated or extended, on the 4 301h of June, 2012 . All work under this Agreement
shall be completed prior to the expiration of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersi d officer and Contractor has executed this Amendment upon signature and date listed below.
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CITY OF TIGARD , OREGON
AMENDMENT TO PERSONAL SERVICES AGREEMENT #C110036
CAC MEETING FACILITATION
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and JLA Public Involvement, hereinafter referred to as Contractor, entered into on the 14`h day
of May, 2010, is hereby amended as follows :
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the 14`h of May, 2010, and shall expire, unless otherwise
terminated or extended, on the I' of Septeffibeer, 2944 301h of June, 2012. .All work under this Agreement
shall be completed prior to the expiration of this Agreement.
WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
igned officer and Contractor has executed this Amendment upon signature and date listed below.
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Date Date
ORIGINAL
CITY OF I IGARD,OREGON
PERSONAL.SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 14th day of May, 2010, by and between the CITE' OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and JLA Public Involvement,
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 WORT{
Contractor shall initiate services on the 14th day of May, 2010 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 the 14th of May, 2010 and shall expire, unless otherwise
terminated or extended, on the 1st of September, 2011. 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 ($29,482) annually for performance of those services
described in this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of
Susan Hartnett and not more frequently than monthly. Payment shall be payable within thirty (30) days from
the date of receipt by the City.
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:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: JLA I Public Involvement
Attn: Marissa Daniels, Associate Planner Attn: Eryn Kehe, Project Manager
13125 SW Hall Blvd. Address: 1110 SE Alder Street, Ste 301
Tigard, Oregon 97223 Portland, OR 97214
Phone: 503-718-2428 Phone: 503-235-5881
Fax: 503-718-2748 Fax: 503-230-4877
Email Address: marissanti ard-or.gov Email Address: eryngjla.us.com
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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 entitled to offset compensation due, or to demand
repayment of any amounts paid to Contractor under the terms of this Agreement, to the Bill 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 represents 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 contractors 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 to the extent resulting from the indemnifying
party's negligent 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 all risks 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:
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 Limit
General Aggregate 1,000,000
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
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b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, 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$1,000,000. Said insurance shall name City as
an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are either
subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage that satisfies Oregon law for all their
subject workers or employers that are exempt under ORS 656.126. 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 such coverage. This shall include 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
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate
of 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 the I st of September,
2011, shall be accompanied by sixty (60) 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 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
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which
result from this Agreement, including any computations, plans, correspondence or pertinent data and information
gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of
the work pursuant to this Agreement.
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
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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
furnished. 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 TI[GARD C R
By: Au C'rized City staff B< Author ed t of Contractor
Date Dat
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Exhibit A
Scone of Work
City of Tigard Urban Forestry Code Revisions CAC Meeting Facilitation
ProjectBackground: In the summer of 2008, Council adopted the City's first Urban Forest section
of the Comprehensive Plan which establishes broad goals, policies, and action measures to update
Tigard's tree and forest related programs and regulations. Prior to beginning work on these updates,
Council accepted the City's first Urban Forestry master planin the fall of 2009. The Urban Forestry
Master Plan was developed through a public process that involved analysis of past and present urban
forest conditions, extensive interviews of stakeholders and the public to gauge community
preferences, and specific recommendations and timelines for code revisions and program creation to
achieve the community's urban forestry goals. Council's top priority for implementing the
Comprehensive Plan as recommended by the Urban Forestry Master Plan is to revise the urban
forest related code provisions in the City's development and municipal codes.
Committee: The UFCR CAC will be an eleven-member committee that may include representatives
of the Planning Commission, Tree Board, Parks and Recreation Advisory Board, Transportation
Advisory Committee, development interests, environmental interests, landscape/arborist
professionals, and three citizens at large with a preference for those with technical knowledge in
urban forestry issues.
The Resolution states:
The mission of the Citizen Advisory Committee will be to:
(1) Create an environment conducive to multiple and diverse opinions and ideas;
(2) Review and comment on draft code language prepared by staff;
(3) Ensure the urban forestry code is consistent with and supportive of the applicable goals,
policies, and actions measures in the Comprehensive Plan and the recommendations in
the Urban Forestry Master Plan; and
(4) Promote public understanding of the proposed urban forestry code.
Over the next year, to achieve the above mission the Citizen Advisory Com nittee will:
(1) Convene at least six meetings conducted by a third party project facilitator;
(2) Convene at least one facilitated workshop to promote public understanding and receive
meaningful public input;
(3) Consider all written and oral input received by the public;
(4) Seek to achieve general consensus on code provisions, if consensus cannot be reached then
decisions will be made by a majority vote;
(5) Assure respect and consideration of the viewpoints of others; and
(6) Recommend Council removal and replacement of members unwilling or unable to adhere to
the protocol described above.
Specific Tasks:
• 2 Tiers:
(1) Time to prepare and facilitate ten UFCR CAC meetings, with three additional meetings if
necessary.
(2) Time to prepare meeting notes - meeting summary and agenda.
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