Joe Turner PC ~ C180001 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THISFORMMUSTACCOMPANYEVERYCON7RACT) � �y`
Contract Title: Hearings Officer Services Number: —,
Contractor. Joe Turner.P.G. Contract Tonal: 515.000
Contiact Che -view= Consultant shall initiate seicices immediately-upon receipt of CM.'s notice to proceed
together with an executed cWj of the.agreement. Consultant agtrees to complete
work that is detailed in Exhibit A and by this reference made a part hereof.Any and
all work assigned b�:the C,=will be contained in subsequent scope of work as
needed.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Q Low
Risk Reduction Steps:
Risk Comments:
Risk:Signatine
Contract Managei: Tom McGuire Ext: 2490 Department: CD
TS•pe. ❑ Purchase Agreement ® Personal Sen ice ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 7/1/17 End Date: 6,/30 18
Ouores;Bids;Proposal: FIRM AMOUNT/SCO
Toe Turner Direct Appointment
.account String: Fund-Division-Account Work Order–Activit;Type Amount
FY 17/18 100-3000-54001
FY
FY
FY
FY
Annr�- LCRB Date:
Department Comments.
60,
Department Signature:
Purchasing Comments: 16
Purchasing Signature:
City Managet Comments:
City Managei 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 Ti(-.ARD,OREGON
PERSONAL SERVICES CONTRACT
HEARINGS OFFICER SERVICES
THIS AGREEMENT made and entered into this 1"day of July, 2017 by and between the City of Tigard,a
municipal corporation of the State of Oregon,hereinafter called City, and Joe Turner,P.C.,hereinafter called
Consultant.
RECITALS
WHEREAS,the City's 2017-2018 fiscal year budget provides for services related to hearings officer services;
and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
e�,Terience possessed by Consultant,and
WHEREAS, City has determined that Consultant is qualified and capable of perforining 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, 2018. 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
Fifteen Thousand and No/100 Dollars ($15,000.00) 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 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 Cit;- shall release City fromany 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 snake 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 316.16',.
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 an7 law, contract or agreement for the purpose of providing
or paring for such service.
J. 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 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
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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 fnr
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 C107 employee has an interest, has or willreceive any remuneration of
ultant, either directly or indirectly, in connection with the letting or
any description from Cons
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 e.piration 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 _kgreement. Consultant represents that all of its work w ill be performed in accordance
with generally accepted professional practices and standards as well as the requirements of apphcablc
federal, state and local laws,it being understood that acceptance of a Consultant's work by Cite shall
not operate as a waiver or release.
Consultant agrees to indemnif-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 leN el,
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 i11 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 Citi-and its employees. Such indemnification shall also cover
claims brought against the City under state or federal workers compensation laws. If any aspect of
this inderianitti- 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.
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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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
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 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.
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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.
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.
1. 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 e.cess 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 satisfactor;, to the City certifying to the issuance of such insurance will be
fon-arded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 Ste'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.
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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 b-,, 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:
Cffy of TtG:AAD Jor TuRNER,P.C.
Attn: Tom McGuire Attn: Joe Turner
Address: 13125 SIXi Hall Blvd Address: 30439 SE Jackson Rd Ste 200
Tigard OR 97223 Gresham OR 97080
Phone: (503) 718-2490 Phone: (503) 663-7092
Email: Email: iv;--O,
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 e=zclusive 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 Citi•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 gi,.ing notice to Consultant. If City terminates the contract pursuant to this paragraph,
it shall pay Consultant for services rendered to the date of termination.
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13. TERMINATION WITH CAUSE
A. City ina) 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.kgreement.
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 tither 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 tht work as to endanger performance of this agreement in accordance'�vith its terms,
and after receipt of written notice from City, fails to correct such failures within ten (10) da)s
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 broach
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 Cit;- terminates this Agreement under paragraph (B), Consultant shall be entitled to receive as
full pa,-ment 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 thost
allowed by Oregon lav-,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.
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15. FORCE MA EURE
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 tights 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 .kgreement without undue delve;s 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 parts- 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. _'kny 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 URS Chapters 279A, 279B and 279C, the provisions of
which are herebNT made a part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further cxpressly 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 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 an) 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 tune 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.
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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. REPRESENTATIONS AND WARRANTIES
Consultant represents and warrants to the City that:
A. Consultant has the power and authority to enter into and perform this Agreement.
B. This Agreement, when e:>ecuted and deli-ered, is a valid and binding obligation of Consultant,
enforceable in accordance with its terms.
C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no fewer
than six calendar years (or since the firm's inception if less than that) preceding the effective date
of this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317, and 318;
2) Anv tax provisions imposed by a political subdivision of this state that applied to Consultant,
to Consultant's property, operations, receipts, or income, or to Consultant's performance of
or compensation for any work performed by Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to Consultant,
or to goods, services,or property,whether tangible or intangible,provided by Consultant;and
4) Any rules,regulations, charter provisions, or ordinances that implemented or enforced any-of
the foregoing tax laws or provisions.
D. Any intellectual property- rights or such delivered to the City under this Agreement, and
Consultant's seri-ices rendered in the performance of Consultant's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions
of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
mortgages, security interests,liabilities, charges, and encumbrances of any kind.
31. COMPLIANCE WITH TAX LAWS
A. Consultant must, throughout the duration of this Agreement and any extensions, comply-with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C.
1) through 4) of this kgreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further, any violation of Consultant's warranty, in subsection 25.0 of this Agreement, that the
Consultant has complied with the ta: laws of the State of Oregon and the applicable tax laws of any
political subdivision of this state also shall constitute a material breach of this Agreement. Any
violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages
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that arise from the breach and the termination of this Agreement, and to pursue any or all of the
remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Consultant,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. The Cit,shall be entitled to recover any and all damages suffered as the result
of Consultant's breach of this Agreement, including but not limited to direct, indirect,
incidental and consequential damages, costs of cure, and costs incurred in securing a
replacement Consultant.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may pursue
any remedy or remedies singly, collectiN ely, successively, or in any order v hatsoever.
32. 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 TIGAJOE C
By: KennT�Asher, o unity evelopment Director y: uth rized Agent of Consultant
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/—, /,7.,/ --7
Date Date
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PSA Template—Revised 9,21,2015
EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
The City Development Code lists the Hearings Officer (Contractor) as the review authority for certain land
use applications including: Conditional Use Permits and Sensitive Lands Permits for floodways and
floodplains. The Hearings Officer is also the appeal authority for Type II staff decisions and would conduct
hearings for expedited review processes. The City has utilized the services of a Hearings Officer since 1984
SCOPE OF WORK
A. Quasi- udicial Land Use Decisions
Conduct all aspects of quasi-judicial land use decision according to the City of Tigard Development
Code, ORS 19", and ORS 227. This is to include services as both Hearings Officer and Hearings
Referee. The latter is as prescribed under ORS 197.360 through 19'.380 should that be needed.
B. Quasi-judicial Hearings
Conduct quasi-judicial hearings required by Tigard Title 18 Community Development Code.
C. Hearing Information Reviews
Receive and examine all information related to said hearings.
D. Written Findings &Conclusions
Prepare written findings and conclusions in accord with the City of Tigard Comprehensive Plan and
Development Code.
E. Rendering of Decisions
Render clear, complete,internally consistent, factually accurate and legally sufficient decisions.
F. Cases
Accept all cases scheduled by the City for hearing or provide for substitute approved by City.
G. Conflicts of Interest
Be prepared to disqualify self in regards to any application that presents a conflict of interest with
parties to the said application.
H. Rules and Procedures
Have adopted rules and procedures for the conduct of hearings.
I. Exhibits
Be responsible for any and all exhibits accepted into the record and mark each exhibit with the date,
case number, and signature.
J. Substitute Hearings Officer
If, for whatever reason, Contractor is unable to provide services at any time, or for any reason
Contractor must excuse his/her self for any reason, the Contractor shall proxide a subcontracted
substitute provider of Hearings Officer Services.
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PSA Template—Revised 9 24,%2015
EXHIBIT B
CONSULTANT'S PROPOSAL
COST SCHEDULE
For a proposal by Joe Turner P.C.,
Municipal Hearings Official
To provide Land Use Hearings Officer Services
To the City of Tigard, Oregon
I will charge the City for my time and expenses to carry out the scope of the hearings officer duties,
including inspecting sites,preparing for hearings, traveling to and from hearings, conducting hearings and
other case-related procedures,preparing a timely and legally adequate final order,responding to the needs of
City staff, and responding to the City Council.
I,abor and direct expenses will be charged at the following rates:
Labor Ex enses
Joe Turner as Hearings officer $200 per hour
Direct Expenses
Postage&delivery Actual
Mileage IRS Standard Mileage Rate
(currently$0.535 per mile)
Facsimiles $0.50 per page
Photocopy $0.10 per page
The proposed rate reflects a cost of living increase over my prior billing rate, consistent with the Portland
region Consumer Price Index and an increase to reflect my additional professional experience and
productivity. Nly years of experience as a hearings official for the City of Tigard and elsewhere make me
very efficient in hearing cases and drafting decisions.There are very few issues that I have not previously
considered and addressed.This allows me to issue decisions faster and at less cost to the City.
I will provide an itemized bill for each case in a timely and complete manner. I will generally mail a bill to
the City within tv o weeks after I issue the final order(s) for a hearing agenda. If I hold more than one
hearing on the same date, I will mail a bill for all hearings on the agenda within two weeks after I issue the
last final order for the agenda. The bill will identify the relevant case(s), the nature of the work and the
number of hours spent. The bill will break down the nature of the work into as many as four tasks,plus
direct expenses. A typical billing statement will appear substantially shown on the following page.
ITEM UNITS RATE/UNIT TOTAL
Date of hearing
LABOR COSTS
Casefile No. _(Case Name_)
Preparation hours $200.00
Site Visit hours $200.00 $
Hearing hours $200.00
Decision hours $200.00 $
CASENAME_SUBTOTAL $
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DIRECT COSTS
Mileage($0.535/mile) miles $0.535 $
Facsimiles($0.50/page) pages $0.50 $
TOTAL DIRECT COSTS $
TOTAL $
I will not charge the City for costs associated with a case if, based on the information the City provides me
when it assigns a case, I find or should have found that I have an actual or potential conflict of interest or
other good reason for not hearing the case, and the City decides to assign the case to another Hearings
Officer. However I do not foresee any significant conflicts of interest. I have no private clients. My current
practice consists entirely of serving as a hearings official to local governments. I will not represent private
clients in the City of Tigard.
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