TruePoint Solutions ~ C140070 City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
Tigard,Oregon 97223
AMENDMENT SUMMARY FORM Phone- (503) 639-4171
Fax- (503) 684-7297
www.tigad-or.gov
Project Title: Code Compliance Letters Project Project Manager: Dianna Howse
Contractor: TruePoint Solutions Ori final Contract#: C140070
Effective Dates: 5/6/2014— 6/30/2014 Chane Order/Amendment Amount: $600.00
Accounting String: 100-3200-54001 Amendment Percentage Running Total: 25%
AMENDMENT DETAILS
Increase contract amount b $600.00 from$2,400.00 to $3,000.00 to cover additional costs for amending and
testing code compliance letters.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Additional cost for amending and testing letters 1 4 150.00 $600.00
REASONING FOR CHANGE ORDER/AMENDMENT
To cover additional costs for amending and testing code compliance letters.
4EQUESTING PROJECT MANAGER APPROVING CITY STAF
e—
Signature Signature
06/23/2014
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 in the original contract along with all
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
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
CODE COMPLIANCE LETTERS PROJECT
AMENDMENT #C140070
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and TruePoint Solutions, hereinafter referred to as Contractor, entered into on the 6"' day of
May, 2014,is hereby amended as follows:
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 Agreement. The total amount paid to the Consultant by the City shall not exceed -'Fktrsarrd
...._TT..yd,-ed ,......7 09,409 ,-collar-.. ($2,499.09) Three Thousand and 00/100 Dollars (?$3,000.00) if all tasks
are completed.
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 TIGARDTRUEPOINT LUTI S
Signature Si tune
Printed Name Printed Name
66b `
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUSTACCOMPANYEVERYCONMACT)
Contract Title: Code Compliance Project Number: C_I(loo
Contractor: TruePoint Solutions Contract Total: $2,400.00
Contract Overview: Minor software enhancement for Accela permit software to add consistent text fields
across all land use code compliance case types (development,housing and nuisance
code) to auto-populate template letters from workflow tasks and report writing
services to amend (10) template letters for use with these code compliance cases.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Low
Risk Reduction Steps: 0y " n -�-
Risk Comments: f,
Risk Signature:
Contract Manager: Dianna Howse Ext: 2430 Department: CD
Type: F] Purchase Agreement VN Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: OJW101 End Date: 06/30/2014
Quotes/Bids/Proposal: FIRM AMO TNT/ CORE
TruePoint Solutions $2,400.00
Account String: Fund-Division-Account Work Order—Activity Type Amount
Year 1 100-3200-54001 $2,400.00
Year 2
Year 3
Year 4
Year_5
Approvals - LCRB Date:
Department Comments:
Department Signature: ea
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
CODE COMPLIANCE LETTERS PROJECT
THIS AGREEMENT made and entered into this 6`" day of May,2014 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and TruePoint
Solutions,hereinafter called Consultant.
RECITALS
WHEREAS, the City's 2013-2014 fiscal year budget provides for services related to application
development,report writing and technical support of permit tracking software;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 Agreement. 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 Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on June 30,2014. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
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 Agreement. The total amount paid to the Consultant by the
City shall not exceed Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) if all
tasks are 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 Agreement
includes all expenses incurred by Consultant, with the exception of expenses, if any
identified in this Agreement 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, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. 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.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. 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.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. 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.
H. 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.
I. 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.
I 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 Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Consultant
prior to termination of this Agreement by Consultant or upon completion of the work
pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
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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.
6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, 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 Agreement, 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 Agreement, 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
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 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 Agreement. Consultant represents that all of its work will be
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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
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 limits 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 $2,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. 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
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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.
C. 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-exempt employers
shall provide Employer's Liability Insurance with coverage limits of not less than
$1,000,000 each accident.
D. 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.
E. 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.
F. 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.
G. 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.
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H. 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.
I. 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.
J. 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: Dianna Howse
13125 SW Hall Blvd.
Tigard, Oregon 97223
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:
ML—TRUEPOINT SOLUTIONS
Attn: Dianna Howse Attn: Keith Hobda
Address: 13125 SW Hall Blvd Address: 3272 Penryn Rd., Suite 100-B
Tigard, OR 97223 Loomis,CA 95650
Phone: (503) 718-2430 Phone: (916) 600-4993
Fax: (503) 598-1960 Fax: ( )
Email: dianna@tigard-or.gov Email: khobday@truepointsoludons.com
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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 Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement 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.
12. TERMINATION WITHOUT CAUSE
At any time and without cause, City shall have the right in its sole discretion, to terminate
this Agreement 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 Agreement 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 Agreement 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 Agreement.
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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
Agreement 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 Agreement:
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 Agreement, 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 Agreement.
If City terminates this Agreement 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 Agreement 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.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
15. FORCE MATEURE
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
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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 Agreement.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant of any of the
terms of this Agreement 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 Agreement without undue delays and without additional cost.
19. EXTRA (CHANGES) WORK
Only the City's Project Manager for this Agreement 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 Agreement.
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 Agreement 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 Agreement 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 Agreement, 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
Agreement to assure the accurate expenditure of funds.
26. SEVERABILITY
In the event any provision or portion of this Agreement 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 must pay all contributions or amounts due from Consultant to the Industrial
Accident Fund incurred in the performance of 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
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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.
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 Agreement,including the exhibits,is intended both as a final expression of the Agreement
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 Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement 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 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. Consultant,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 Consultant has executed this Agreement on the date hereinabove first
written.
CITY OF TIGARD TRUPPOINJOL TIONS
n
By: Tom McGuire By: uthoriz Agent of Consultant
Assistant Commu 'ty Development Director
� - 7
Date Date
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PSA Template—Revised 11/19/2013
EXHIBIT "A"
The City of Tigard, OR
NCC Compliance Letter Revisions
May 1, 2014
12 1 Page
PSA Template—Revised 11/19/2013
Table of Contents
I. Background &Qualifications.............. ......... .............................................................. ........................................14
TruePoint Company History................................................................................................14
II. Understanding of City needs ..............................................................................................................................15
Costs 20
131Pa: e
PSA Template—Revised 11/19/2013
I. Background & Qualifications
TruePoint Company History
TruePoint Solutions,LLC is a privately held software and solutions company based in the Sacramento region. We
bring an unparalleled level of experience designing,developing,implementing,and supporting complex government
IT solutions. Many of our team members have over 20 years of public sector IT experience.
TruePoint was established in 2004 and became an Accela implementation partner in 2005. TruePoint has worked on
a number of Accela implementations across the US and has in-depth experience helping Cities and Counties become
successful with the Accela Automation product line. Currently TruePoint was worked with the following agencies.
Accela Projects
> City of Alameda.CA _ Adams County;CO City and County of Denver
> City of Atlanta;GA _ Bexar County,TX
> City of Clearwater,
,F Boulder County:CO Town of Los Gatos,CA
> City of Clearwater,FL `
> City of Corvallis.OR - Buncombe County.NC Town of Paradise.CA
> City of EI Paso,TX 4 Clackamas County.OR
> City of Fort Collins.CO _ Carroll County:MD - State of Montana
> City of Grass Valley.CA .. Cobb County:GA DC-OSSE
> City of Hesperia,CA Contra Costa County,CA _ Tahoe Regional Planning Authority
> City of Indianapolis,IN
> City of Martinez:CA - Gwinnett County,GA
> City of Maryland Heights;MO - King County.WA
> City of McAllen.TX Maricopa County,AZ
> City of New York City.NY v Marion County.IN
> City of Oklahoma City,OK Monterey County,CA
> City of Ontario.CA
> City of Palo Alto.CA r Napa County,CA
> City of Peoria.AZ - Pin al County-AZ
> City of Pleasanton.CA - Sacramento County,CA
> City of Pleasant Hill:CA m San Diego County,CA
> City of Reno.NV Stanislaus County,CA
> City of Sacramento,CA `
> City of Santa Monica,CA - Weld County,CO
> City of Tigard:OR
> City of Virginia Beach,VA
> City of Watertown.WI
TruePoint has been involved with the City of Tigard's Accela Automation implementation since 2008 and has
significant knowledge regarding the setup,configuration,and operating goals and objectives of the departments
utilizing Accela.
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PSA Template—Revised 11/19/2013
II. City needs
TruePoint Solutions appreciates the opportunity to continue to work with the City of Tigard to perform the following
services.
Scope of Work: Modify Code Compliance Cases&Letters for DCC,HCC&NCC
ASI Modifications:
1. Arrange ASI Complaint Info fields of DCC and HCC as displayed in same order as NCC.
2. Copy ASI the following ASI fields from NCC to DCC and HCC:
a. Violation Text
b. Thank You Text
c. Not Valid Text
3. Add a new ASI text field titled"Verification Text"to DCC,HCC and NCC that will contain a dropdown
list of options to be developed by Tigard users.
Note: Due to the character limitation of the dropdown list option,a"Verification Type"dropdown was
created which links to text through Expression Builder that auto populates the Verification Text field. This
will need to be done by the user before selecting the workflow task that launches the code compliance
letters.
Record ID:NCC2012-00059
A notice was ddad to this retard on 1989.11.21.
Condition 5—vtj.Idoeoe
Total condttmns 2 1Notiae:21
view notice
Save Reset Help
Go To V Summary Record Activities(0) Activity Summary(3) Address(1) Addtl Info App Specific Info App Specific Info
Received Method Received By Received Date Primary Record#
In Person . DHOWSE 0612512012
1 Complaint Info
Complaintant Letter 1 Violator Letter 1
912012012 LL° 9/2012012 J
Complaintant Letter 2 Violator Letter 2
_ -- 11 1._ . --I
Secondary ComplafntantLetter Violator Extension Letter
Violation Text
No poultry or livestock other than normal household pets,maybe kept unless housed or retained within a fenced run at least 100 feet from any nearby
residence except a dwelling on the same lot.
check soellina
Thank You Text
2.
With your email of June 25,2012 you sent us photographs of your property showing that no poultry or livestock,other than normal household pets,is
retained within a fenced run at least 100 feet from any nearby residence.
check snelfina
Not Valid Text
Inspection of the site address confirms that no poultry or livestock,otherthan normal household pets,is being retained within an area less than 100 feet
from any nearby residence.
Verification Type Violator Letter 1—Option I
- Violator Letter 1—Option 2
Violator Letter 2—Option 1
Verification Text Violator Letter 2—Option 2 .. .. ,
�f
3• See chart below.
15Page
PSA Template—Revised 11/19/2013
Verification Type Verification Text
Violator Letter 1 —Option 1 We have not yet verified these violations nor have we assessed any penalties.
If you can confirm that no violation exists or if you correct it voluntarily within
20 days as discussed below,we will not assess penalties and there will be no
court record.
Violator Letter 1—Option 2 Even though we have verified these violations we have not yet assessed any
penalties. If you can confirm that no violation exists or if you correct it
voluntarily within 20 days as discussed below,we will not assess penalties and
there will be no court record.
Violator Letter 2—Option 1 We have not yet verified these violations nor have we assessed any penalties.
If you can confirm that no violation exists or if you correct it voluntarily within
10 days as discussed below,we will not assess penalties and there will be no
court record.
Violator Letter 2—Option 2 Even though we have verified these violations we have not yet assessed any
penalties. If you can confirm that no violation exists or if you correct it
voluntarily within 10 days as discussed below,we will not assess penalties and
there will be no court record.
Code Compliance Letters
1. Rename folder from NCC Letters to Code Compliance Letters.
Reports
Y My Reports
s Case Specific Permits
f Cashier
Y Code Compliance
Export-Permit Activity
•Export-Springbrook Pay nt
•Inspections
Y h9iscellaneous
J==
Complainant Letter 1
Complainant Letter 2
Not Valid Complaint Letter
Secondary Complainant Letter
Thank You Letter#1 Documentation
Thank You Letter#1 No Documentation
Vacant House Letter
Violator Letter 1
Violator Letter 2
Violator Letter EXTENSION
2. Modify code compliance letters to populate data from ASI fields of all code compliance case types DCC,
HCC and NCC.
Example of code compliance workflow where letters are launched:
161 Page
PSA Template—Revised 11/19/2013
Admlydstmtion
1=1-Complaint Received
1st Complaintant Letter
1st Violator Later Sent
Duplicate--omplairt
further Imesticetion
No Investigatioi Required
Not Valid
Not Valid Letter
Notes
Refered
L-7-Investigainn
In Via ation
No Violation
Notes
Refer-ed
Scheduled Inspection
Voluntary Compliance
O-Pending CompliarceIEnforcement
1st Complaint Letter
1st ilalur Lalmr Sard
2nd Complaintant Letter
2nd Violator Letter Sent
Abatement
Citation/Summons
Compliance Agreement-Verbal
Compliance Acreement-Written
Complied
Contacted
Extension Letter
Invesllgatl7n-2nd Letters
Investigation-Not Valid
Notes
3. Modify all letters in the above list to the following standard format(see separate file for actual letter
components):
a. Margins= 1"on all sides.
b. Font=Garamond 13 pt or comparable type/size font.
c. Update header with black/white registered logo(see separate file for city logo)and City of Tigard text.
d. Update footer with a separation line and city address,phone,etc.below the line.
e. Begin first line of recipient(name)at 2-1/2"from the top of the page to allow for folding letter to fit
into a window envelope.
f. Maintain consistent line spacing within paragraphs(current letters are inconsistent).
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PSA Template—Revised 11/19/2013
Example letter template:
CL-Y7-"gzsd
18 Page
PSA Template—Revised 11/19/2013
4. Amend the address lines of the code compliance letters from 3 to 4 lines,as needed. Currently,if an owner
name uses(2)lines,the Name line and the Address Line 1,
Record ID:NCC2012-80059
A nonce xvas added to this record nn 1989.1121
!,1� Condition Seventy Notice
Tatar cendivans 2 illonee?{
Vle nonce
Menu = Submit Reset Cancel Help
Go To- 4 on Owner(2) Parcel(1) Payment Payment History Professionals(0) Related Re
Name• Phoneiixxxlxxxacxxxl Primary
HALL STREET CORPORATION Yes
MR&MRS JOHN HALL
Address Line 2
13125 S%(V HALL BLVD
Address Line 3 City State Zip
TIGARD OR 97223
the compliance letters are addressed by combining both Address Line 1 and Address Line 2 as shown below:
City of Tigard, Oregon • 13125 SIN Hall Blvd. • Tigard. OR 97223
4
a
411/2014
Hall Street Corporation
Mr&Mrs Hall, 13125 Sw Hall Blvd
Tigard,Or 97223
RE:Code Compliance Record Number:NCC2012-00059
Dear Hall Street Corporation:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 13125 SW HALL BLVD CITY HALL,TIGARD,OR
97223 in Tigard.
The address section for this letter should appear as 4 lines as it is displayed in the owner section of the case record.
5. Amend all code compliance letters as per markups on each letter in the separate pdf file
CodeComplianceLetterAmendments_041014.pdf.
6. Add a"signature"option to the code compliance letters. This would be a prompt on the report screen with
a dropdown list of signature options. Options would include name and title of code enforcement officer,
and a generic default option as follows:
19 1 Page
PSA Template—Revised 11/19/2013
Code Compliance[default on all letters]
City of Tigard
Albert Shields
Code Enforcement Officer
City of Tigard
Tim Lehrbach
Code Enforcement Officer
City of Tigard
report set parameter-Windows Internet Explorer
,r http= ,accelaxoni l citlet- repcit--rep oit5hc....Ic mod e-_hc.:&repcitId=�
Submit Cancel Help
Coned this title to:
Case Netter
Sigriature
Add this pamnT=ter to pronpt user to
® select from dropdow list of signatures,
but default to:
Code Corrpliance
City of Tigard
i
Costs
Implementation Consultant 4 $150 $600
Technical Consultant 12 $150 $1.800
Total 16 $2,400
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PSA Template—Revised 11/19/2013