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Tualatin Riverkeepers ~ C160012 City of Tigard is CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. i� AMENDMENT SUMMARY Tigard,Oregon 97223 Phone-(503) 639-4171 T I G A R D FIELD CHANGE ORDER FORM Fax-(503)684-7297 _ www.tiga•d-orpr Project Title:Dirksen Nature Park Education Plan Project Manager:Anthony Markey Contractor: Tualatin Riverkeepers Original Contract#: C160012 Effective Dates: 7/1/2015-6/30/2016 -A.1 bi �i Change Order/Amendment Amount:$15,000 Accounting String:270-6150-54001 Amendment Percentage Running Total: 42% AMENDMENT DETAILS Amendment adds one(1)additional year for services described in Exhibit A for$15,000. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ I. Amendment 1: One year extension 15,000 i cJ 'r ,- e_s .Ok' as ao 71 0.1rc4A C7 cT 7 REASONING FOR CHANGE ORDER/AMENDMENT Contract extension for one year. BUDGET IMPACT AND REQUIRED ACTIONS Split the cost allocation: $10,000 to 270-6150-54402; $5,000 to 510-6700-54402. VESTING PROJECT MANAGER APPRO ITY STAFF ..#7Pfl — _Aktat.,,,v-- 47re Signature ate 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 the ,,„, ture work. The unit pricing in the original contract shall apply to all " 'tea additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances arc met. Remember-the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT DIRKSEN NATURE PARK EDUCATION PLAN C160012 AMENDMENT#1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Tualatin Riverkeepers,hereinafter referred to as Contractor,entered into on the 1"day of July,2015, is hereby amended as follows: 3. EFFECTIVE DATE AND DURATION This Agreement shall become effective July 1, 2015, and shall expire,unless otherwise terminated or extended, on June 30, 20462017. All work under this Agreement shall be completed prior to the expiration of this Agreement. 4. 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 during any given fiscal year shall not exceed77 r^ _ • _ �_ • -� ...: , . �` .Fgleetz Thousand and No/100 ($15,000)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 the following.installments based on Consultant's invoice, subject to the approval of the City's Project Manager or other authorized staff-, at execution of the amendment. - .• _ i. - ,. '_ .tion. 2) One half of contract total ($17,500.00) due January 15, 2016. 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 TUALATIN RIVERKEE Signature Signature Ci r-41Aa- �` w,`4.. \ v Printed Name Printed Name Com- 30 -J06 030 Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANY EVERY CONTRACT) c y 0 Contract Title: Dirksen Nature Park Education Plan Number: (/y,-/' Contractor: Tualatin Riverkeepers Contract Total: $35,000 Contract Overview: Education plan and program at Dirksen Nature Park. Initial Risk Level: ❑ Extreme ® High ❑Moderate ❑Low Risk Reduction Steps: Molestation insurance,background checks required,review of curriculum. Risk Comments: Risk Signature: /N', r 171I • Contract Manager: Greg Stout Ext: 2817 Department: PW Type: ❑ Purchase Agreement ® Personal Service ❑ General Service ❑ Public Improvement ❑ IGA n Other: Start Date: 7/1/2015 End Date: 6/30/2016 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE NA Account String: Fund-Division-Account Work Order–Activity Type Amount FY 2016 270.6150.54001 100% • FY FY FY FY Approvals - LCRB Date: Department Comments: Department Signature: 4.512(fr- Purchasing Comments: (5 A Purchasing Signature: City Manager Commen rI S k- r rr Sqeja,c, are, al - City Manager Signature: -°Mt/ After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Numbere/4`'O )a CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT 2015-2016 DIRKSEN NATURE PARK EDUCATION PLAN THIS AGREEMENT made and entered into this 1St day of July,2015 by and between the City of Tigard,a municipal corporation of the State of Oregon, hereinafter called City, and Tualatin Riverkeepers, hereinafter called Consultant. RECITALS WHEREAS, the City's 2015-2016 fiscal year budget provides for services related to an education plan and program at Dirksen Nature Park;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 July 1, 2015, and shall expire, unless otherwise terminated or extended,on June 30,2016. 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 during any given fiscal year shall not exceed Thirty Five Thousand and No/100 Dollars ($35,000.00) 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 the following installments based on Consultant's invoice, subject to the approval of the City's Project Manager or other authorized staff: 1) One half of contract total ($17,500.00) due at execution. 2) One half of contract total ($17.500.00) due January 15, 2016. C. Final payment by City shall release City from any further obligation for payment to Consultant, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. 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. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the City's 2011-2012 fiscal year. Funding in future fiscal years is subject to 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 tY p Y P 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 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 subcontractor 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 670.700 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 certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. 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 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 all 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 and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability 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: Coverage Limit General Aggregate 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 2,000,000 Each Occurrence 2,000,000 Fire Damage (Any one fire) 50,000 B. Sexual Abuse/Molestation Liability Insurance Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the contract,Sexual Abuse/Molestation Liability coverage for work with youth under this Agreement. The Combined Single Limit per occurrence shall not be less than$1,000,000. C. Commercial Automobile Insurance Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned,hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Consultant uses a personally-owned vehicle for business use under this contract,the Consultant shall obtain, at Consultant's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than $2,000,000. D. Workers' Compensation Insurance The Consultant, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017,which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Consultants who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non- exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City,its officers,directors,and employees as additional insureds with respect to this contract. F. Insurance Carrier Rating Coverages provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. G. Self-Insurance The City understands that some Consultants may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Consultant is self-insured for commercial general liability or automobile liability insurance the Consultant must provide evidence of such self-insurance. The Consultant must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. H. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Consultant shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. I. Independent Consultant Status The service or services to be rendered under this contract are those of an independent Consultant. Consultant is not an officer,employee or agent of the City as those terms are used in ORS 30.265. J. Primary Coverage Clarification The parties agree that Consultant's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A copy of each insurance policy,certified as a true copy by an authorized representative of the issuing insurance company,or at the discretion of City,in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Consultant's liability hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD &PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY®F , ' " �. .37k A5%,'a �a�5r' .,,44-,k aR.a, ,w' s.,t 4%1,4 3 Attn: Greg Stout,Environmental Prog Coord. Attn: Mike Skuja Address: 13125 SW Hall Blvd. Address: 11675 SW Hazelbrook Road Tigard, Oregon 97223 Tualatin, Oregon 97062 Phone: (503) 718-2591 Phone: (503) 218-2580 Fax: (503) 684-7297 Fax: (503) 218-2583 Email: gregs @tigard-or.gov Email: mike @tualatinriverkeepers.org and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER This writing is intended both as a final expression of the 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. 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 MAJEURE Neither City nor Consultant shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic,quarantine restriction,area-wide strike, freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of its obligation under the 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 statues, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990,ORS 659.425,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, Brian Rager, Asst. Public Works Director, 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. 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 Chapter 279B, 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 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. EMPLOYEE/VOLUNTEER BACKGROUND INVESTIGATION To the extent permitted by applicable law, any of Consultant's employees or volunteers that may be assigned to work under this Agreement must have successfully completed a federal criminal background investigation and federal sexual predator investigation. 31. COMPLETE AGREEMENT This Agreement and attached exhibits 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. 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 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 TUALATIN RIVERKEEPERS Mike Skuja By: Authorized Agent of City By:Authorized Agent of Consultant 6 /Lei '5S 8/4/15 Date Date EXHIBIT A SERVICES To BE PROVIDED PROJECT INTRODUCTION Dirksen Nature Park was acquired by the City of Tigard in 2010. The site was purchased in part through grants administered by Oregon Watershed Enhancement Board and Metro Regional Government. Grant funding to purchase the property included requirements to administer a regional Environmental Education Program at the site. Dirksen Nature Park provides all of the components for a superior field trip, day camp, and service learning site. The site, located off of Tigard Street, is 48 acres and includes Fanno and Summer Creeks, forested wetlands, deciduous and coniferous forests, emergent wetlands, and riparian corridors. An air photo showing the site boundaries is attached. This Agreement is for the provision of a nature educational program at Dirksen Nature Park. The program will have 2 components (1) a School Field Trip Program and (2) a Summer Day Camp program. The City will provide one portable building with 2 classrooms, 2 restrooms, a mud room, and a small kitchen. Six tables and 50 folding chairs will be provided. The portable building is located at 11130 SW Tigard Street. The building will be available to the Consultant for the length of the Agreement. SCOPE OF WORK A. School Field Trip Program The Field Trip Program has three components; classroom presentation, field trip, and service learning. The field trips at Dirksen Nature Park will take place in March June and October-November. The goal of the Field Trip Program is to establish the site as one of the regional networks of natural areas for recreation for school groups. The Field Trip Program at Dirksen Nature Park shall focus on a regional audience,with special emphasis on low income youth. The Consultant shall: 1. Provide field trip opportunities for all school districts in the Tualatin River watershed: Tigard/ Tualatin,Beaverton,Hillsboro,Portland,and Sherwood. Field trips should serve 325 to 400 students per year. This number will ensure that the impact to the site will not alter natural resources. 2. Provide Service Learning opportunities at Summer Creek. Youth will participate in activities such as invasive species removal and native plant installation. The Consultant will work closely with the City of Tigard Parks to identify priority sites restoration or non-native removal. 3. Develop curriculum specific to Dirksen Nature Park flora and fauna and ecological significance. The curriculum will incorporate civics, art,problem solving, scientific inquiry,and self-development. The City reserves the right to review and have approval rights over any curriculum which utilizes funding under this Agreement or incorporated the City of Tigard in said curriculum or program. The Consultant shall build the capacity of volunteer naturalists within the community to lead the field trips for 325 to 400 youth. Consultant shall: 4. Develop a Volunteer Naturalist training program modeled after Metro's Nature University. 5. Train 5-6 new Volunteer Naturalists that can conduct Nature Awareness field trips at Dirksen Nature Park. Volunteers will be community members of all generations,ethnicities, and cultures. 6. Provide descriptions of non-volunteer field trip leaders. All leaders and volunteers should undergo police background checks. The City requires a minimum of three (3) volunteer leaders per field trip that are provided by Consultant. 7. The Consultant will be responsible to recruit student participants for field trip programs. B. Summer Day Camp Program The Summer Day Camp Program has three components; classroom presentation, hands-on outdoor learning, and service learning. The Summer Day Camp Program at Dirksen Nature Park will take place in June through mid-August and is designed to provide a regional opportunity for youth to experience nature over a longer period of time. The Summer Day Camp Program will be focused on all youth in the Tualatin River basin;however,there will be a separate emphasis to provide day trip opportunities to Tigard low income youth. The Consultant shall: 1. Provide five sessions,serving youth ages 7-13. Camp Sessions will be located at Dirksen Nature Park. Youth will participate in the day camp programs a minimum of 35 hours each on the site partaking in nature awareness activities. Youth to teacher ratios will not exceed 6 youth to 1 teacher. 2. Provide personnel familiarized with Dirksen Nature Park flora and fauna and with experience or training with classroom management strategies. Recruitment of staff should begin no later than April 15th,training will occur in May and June and must include a federal criminal background investigation as part of the recruitment process. Time will be allowed to prepare staff for Summer Camp Sessions to begin in late June and end in mid-August. Programs will be available within one to two weeks after the end of the Tigard/Tualatin School District year. 3. Develop Curriculum specific to Dirksen Nature Park for the summer months. 4. Provide summer camp opportunities on Dirksen Nature Park property to children from low-income housing developments by collaborating with Community Partners for Affordable Housing (CPAH) to enhance their existing Summer Youth programs. There are four (4) properties in Tigard: Oleson Woods,Village at Washington Square,Metzger Park,and Greenburg Oaks. Consultant will provided education materials and all-day nature field trips to Dirksen Nature Park property (Cook Park may also be included) for families living in the CPAH properties. All four (4) properties attend schools that feed into Fowler Middle School. Consultant shall enter into an agreement with CPAH summer programs by April 15th to ensure participation in the summer. 5. The Consultant will be responsible to recruit students for the summer camp program. C. Curriculum For both Field Trip and Summer Day Camp, Consultant shall provide the City with examples of the activities to be implemented as part of the program prior to any release to the public. Examples of program curriculum may include,but are not necessarily limited to,the following: 1. Macro-Invertebrates Staff gather invertebrates from Summer Creek prior to the student's arrival. Students identify the species and life cycle stages. The species identified are correlated to water quality tolerance level. All macro-invertebrates are released back into the creek. 2. Native and Non-Native Plant Identification Students are given a card with a plant picture and information on each card. They have to identify the plant within a designated area and teach others in the group about their specific plant. Invasive species such as English Ivy, Himalayan blackberry, and Holly are identified and a discussion of their origin and adaptations is implemented. 3. Predator/Prey Students identify the role of predators and prey in the Dirksen Nature Park system. They discuss the adaptations of each and the likelihood of their habitat being at Dirksen Nature Park. Students then play a game that mimics the adaptations and characteristics of native predator and prey. 4. Un-Nature Trail (played with youngest students) Students identify things in the area that are "un-natural" and where they have come from. This is an activity to train the eye to identify things in the natural world and get the students on the basic level of what is natural. 5. Ivy pull Students locate a tree that is becoming overgrown by ivy and remove it from the base of the tree. 6. Food Web Students make a food web of animals and plants that live in Dirksen Nature Park. 7. Planting Native plants in the Riparian area Students identify and plant native plants in the riparian area of Summer or Fanno Creeks. 8. Bird ID Birds are identified by their habitat characteristics and sounds using field guides. 9. Water Quality Testing Turbidity, temperature, dissolved oxygen, and pH are all tested in Summer Creek and the results are discussed. D. Restoration Contractor will provide opportunities to engage adults from the general public in restoration activities in Dirksen Nature Park. This will include: 1. Hosting a minimum of one restoration event for adults per year. This event can engage community members as well as local businesses in the stewardship of the parks natural resources. Success in the past has been linked to Intel but stewardship shall not be linked to this company exclusively. The City reserves the right to review and have approval rights over any final curriculum which utilizes funding under this Agreement or list the City's name on any advertisement of said curriculum or program.