Garcia & Associates, LLC ~ C160025 ~ Diversity Training CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Tide: Diversity Training Number: C160025
Contractor: Garcia&Associates,LLC Contract Total: $9,750.00
Contract Overview: Provide diversity training to city staff
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Brandi Leos Ext: 2407 Department: Human Resources
Type: ❑ Purchase Agreement ❑ Personal Service ® General S rvi e E] Public Im r ve ent
❑ IGA ❑ Other: Start Date:Yi 57 End Date: 3►
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
account String: Fund-Division-.account Work Order—Activity TETe Amount
FY 2016 600-1100-54303 $9,1750
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature: �-
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.
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Tide: Diversity Training Number: C160025
Contractor: Garcia&Associates,LLC Contract Total: $9,750.00
Contract Overview: Provide diversity training to city staff
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Brandi Leos Ext: 2407 Department: Human Resources
Type: ❑ Purchase Agreement ❑ Personal Service ® General S rvi e E] Public Im r ve ent
❑ IGA ❑ Other: Start Date:Yi 57 End Date: 3►
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
account String: Fund-Division-.account Work Order—Activity TETe Amount
FY 2016 600-1100-54303 $9,1750
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature: �-
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 4
CITY OF TIGARD,OREGON
PRESENTER AGREEMENT
THIS AGREEMENT made and entered into this 17th day of November,2015 by and between the
City of Tigard, a municipal corporation of the State of Oregon,hereinafter called City, and Garcia&
Associates,LLC,hereinafter called Presenter.
RECITALS
WHEREAS, City has need for the services of a company or individual with a particular training,
ability,knowledge,and experience possessed by Presenter,and
WHEREAS, City has determined that Presenter is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth:
THEREFORE,the Parties agree as follows:
SCOPE OF WORK
Presenter shall initiate services upon receipt of City's notice to proceed together with an executed
copy of this Agreement. Presenter agrees to complete work that is detailed in Exhibit A—Scope of
Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless
otherwise terminated or extended, on March 31, 2016. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
COMPENSATION
City agrees to pay Presenter an amount not to exceed nine thousand seven hundred fifty and 00/100
Dollars ($9,750) for performance of those services described in this Agreement. Payment will be
made based on Presenter's invoice, subject to the approval of the City,and not more frequently than
monthly. Payment shall be payable within thirty (30) days from the date of the Presenter's invoice.
CONTACT INFORMATION
All notices,bills, and payments shall be made in writing and may be given by personal delivery,mail,
or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following
addresses and contacts shall be used to transmit notices,bills,payments, and other information:
CITY OF TIGARD GARCIA&Assoc i,, s,LLC
Attn: Brandi Leos Attn: Frank Garcia
Address: 13125 SW Hall Boulevard Address: los% Sal yj,/,//S:?Q C De-,
Tigard, Oregon 97223 Wz.ZsoJ Ultle oe 9)0'7O
Phone: 503 718.2407 1 Phone: 503.333.0822
Email: brandi@dgard-or.gov I Email: fRarcio�ir23@gniail.com
PRESENTER As INDEPENDENT CONTRACTOR
Presenter acknowledges that for all purposes related to this Agreement, Presenter is and shall be
deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City,shall
not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely
i
responsible for all payments and taxes required by law. Furthermore, in the event that Presenter is
found by a court of law or any administrative agency to be an employee of City for any purpose, City
shall be entitled to offset compensation due,or to demand repayment of any amounts paid to Presenter
under the terms of this Agreement, to the full extent of any benefits or other remuneration Presenter
receives (from City or third party) as a result of said finding and to the full extent of any payments that
City is required to make (to Presenter or to a third party) as a result of said finding. Presenter
acknowledges that for all purposes related to this Agreement, Presenter is not an officer, employee, or
agent of the City as those terms are used in ORS 30.265.
CITY OF'TIGARD BUSINESS LICENSE
Presenter 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 31"
expiration date. New businesses operating in Tigard after June 30'hof the current year will pay a pro-
rated fee though the end of the calendar year.
INDEMNIFICATION
City has relied upon the experience,ability, and training of Presenter as a material inducement to enter
into this Agreement Presenter warrants that all its work will be performed in accordance with generally
accepted professional practices and standards as well as the requirements of applicable federal,state and
local laws, it being understood that acceptance of a Presenter's work by City shall not operate as a
waiver or release.
Presenter agrees to indemnify and defend the City, its officers, employees, agents and representatives
and hold them harmless from any and all liability, causes of action, claims,losses, damages,judgments
or other costs or expenses including attorney's fees and witness costs (at both trial and appeal level,
whether or not a trial or appeal ever takes place including any hearing before federal or state
administrative agencies) that may be asserted by any person or entity which in any way arise from,
during or in connection with the performance of the work described in this contract, except liability
arising out of the sole negligence of the City and its employees. Such indemnification shall also cover
claims brought against the City under state or federal worker's compensation laws. If any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this indemnification.
INSURANCE
If driving to or from event/activity automobile insurance is required in accordance with the laws of the
State of Oregon. Proof of such insurance is required to be provided to the City Contact prior to the
event/activity. The procuring of such required insurance shall not be construed to limit Presenter's
liability hereunder. '_notwithstanding said insurance,Presenter shall be obligated for the total amount of
any damage,injury,or loss caused by negligence or neglect connected with this contract.
TERMINATION
The Parties agree that any decision by either party to terminate this Agreement before either before
the work is completed or the 31st day of March, 2016shall be accompanied by thirty (30) days
written notice to the other party prior to the date termination would take effect. There shall be no
penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay
Presenter for services rendered prorated to the date of termination.
HR Presenter Agreement 2
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 Presenter
which result from this Agreement,including any computations,plans,correspondence or pertinent data
and information gathered by or computed by Presenter prior to termination of this Agreement by
Presenter or upon completion of the work pursuant to this agreement.
GOVERNING LAW
Presenter shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
marital status, age, medical condition or disability. The provisions of this Agreement shall be
construed in accordance with the provisions of the laws of the State of Oregon. All provisions required
by ORS Chapters 279A, 279B, and 279C to be included in a contract of this type are incorporated into
this Agreement as though fully set forth herein. Any action or suits involving any question arising
under this Agreement must be brought in the appropriate court of the State of Oregon.
CONDPTIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable,Presenter must make payment promptly as due to persons supplying Presenter labor or
materials for the execution of the work provided by this order. Presenter must pay all contributions or
amounts due from Presenter to the Industrial Accident Fund incurred in the performance of this order.
Presenter 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 fimlished. Presenter 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. Presenter, by the signature of its authorized representative, hereby
acknowledges that they have 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 Presenter has executed this Agreement on the date hereinabove first written.
CITY OF TI AR GARCIA&ASSOCIATES C ;
By: Dana Bennett,H Director By: Authorized Agent of Presenter
,; f
l
Date Date
HR Presenter Agreement 3
EXHIBIT A
SCOPE OF WORK
Garcia & Associates to design and present diversity training for City of Tigard employees. Training
tailored specifically for supervisors will be presented separate from the general employees. Garcia &
Associates will provide two (2) supervisory sessions for three hours each and up to five (5) general
employee sessions for two hours each.
Flees:
Supervisor 1,3hr. $2000
Supervisor 2,3hr.51500
Staff 1,2hr. $1250
Staff 2,2hr.$1250
Staff 3,2hr.$1250
Staff 4,2hr.$1250
Staff 5,2hr.$1250
Garcia & Associates -will develop handouts and provide to the City at least two days in advance of
presentations. The City will reproduce handouts for attendees.
The City will provide easels, markers, projector, and other reasonable supplies necessary for the
presentation.
HR Presenter Agreement 4