Portland Community College (PCC) - Customized Training & Educational Services CITY OF TIGARD,OREGON
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
CUSTOMIZED TRAINING AND EDUCATIONAL SERVICES
AMENDMENT#1
The Agreement between the City of Tigard C'COT'S, a municipal corporation of the State of Oregon,
hereinafter called City, and Portland Community College ;"PCC) entered into on the 1 day of December,
2017,is hereby amended as follows:
4. Term. This Agreement shall remain in effect until June 30, 2.x42019, unless otherwise terminated
pursuant to Section 10.
6. Payment. COT will reimburse PCC CLIMB for services provided at the following rates,based on
the instructor or consultant,which shall be determined in PCC CI.IMB's sole discretion:
a. Training delivery from$300-$375 per hour
b. Consultative services from$200-$275 per hour
c. Curriculum development from$100 $175 per hour
PCC CLIMB will notify COT of the expected rates during the development of the trainings. In no event
will COT's total monetary obligations under this Agreement exceed 510.000$20,000. PCC CLIMB will
invoice COT upon completion of each customized training event or series of events. Payment is due within
30 days from the date of invoice. A 30 u charge may be added if payments are not made within the allotted
timeframe.
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 PORTLAND COMMUNITY COLLEGE
CLIMB CENTER
Dana Bennett Signatur
Human Resources Director Division Dean,Continuing Education.
-31 311//e
Date Date
Federal ID#: 93-0575187
Intergovernmental Agreement for
Customized Training and Educational Services
This Agreement,by and between Portland Community College ("PCC")and the City of Tigard
("COT") is effective as of December 1, 2017.
WHEREAS, PCC's Continuous Learning for Individuals, Management&Business
Center for Advancement("CLIMB Center") delivers continuous learning development
opportunities and customized training for organizations throughout the Portland metropolitan
area; and
WHEREAS,COT desires to partner with the CLIMB Center to facilitate skill
development training opportunities for COT employees.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties agree as follows:
1. Scope of Work. PCC CLIMB will coordinate and deliver training to COT employees on
topics identified in collaboration with COT. To the greatest extent practicable, PCC CLIMB will
engage COT in the development and customization of educational sessions and training delivery.
All training activities will take place at a PCC facility or on-site at a COT location at times and
dates agreed to in advance by PCC CLIMB and COT.
2. Responsibilities of PCC. PCC CLIMB agrees to:
a. Provide qualified instructors and all participant training materials for each
educational session. PCC CLIMB will certify that all service providers assigned
to develop,coordinate,or conduct custom designed educational services are
certified in accordance with the PCC standards on file with the Oregon Board of
Education. Documented experience or credentials which are mutually acceptable
to both COT and CLIMB may also be used to certify service providers.
b. Provide Continuing Education Units (CEUs)for participants who successfully
complete the courses.
c. Ensure that all information gathered and provided while working with the
participants will be kept confidential,as allowed by state and federal law.
3. Responsibilities of COT. COT agrees to:
a. Identify topics for desired trainings.
b. Collaborate with PCC CLIMB in the development of relevant trainings.
4. Term. This Agreement shall remain in effect until June 30, 2018,unless otherwise
terminated pursuant to Section 10,
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5. Notice. Any notice provided for under this Agreement shall be sufficient if in writing,
either electronically or by US Post,and delivered to the following Project Managers:
COT PCC
Attn: Brandi Leos, Senior HR Business Attn: Sue Stephanson, Professional
Partner Development&Training Account Executive
13125 SW Hall Blvd. 1626 SE Water Ave
Tigard, Oregon 97223 Portland, Oregon, 97214
Brandi@tigard-or.gov sstephan@pcc.edu
Notice by electronic mail will be deemed given when sent and must be accompanied by notice
sent by US Post.
6. Payment. COT will reimburse PCC CLIMB for services provided at the following rates,
based on the instructor or consultant,which shall be determined in PCC CLIMB's sole
discretion:
a. Training delivery from$300-$375 per hour
b. Consultative services from$200-$275 per hour
c. Curriculum development from$100 -$175 per hour
PCC CLIMB will notify COT of the expected rates during the development of the trainings. In
no event will COT's total monetary obligations under this Agreement exceed$10,000. PCC
CLIMB will invoice COT upon completion of each customized training event or series of events.
Payment is due within 30 days from date of invoice. A 3%charge may be added if payments are
not made within the allotted timeframe.
7. Training Cancellations. COT may cancel a scheduled training class by providing
written notice to PCC CLIMB. For cancellations requested greater than 72 hours in advance,
COT will not incur any costs. For cancellations requested less than 72 hours in advance, COT
will be billed for all costs incurred by PCC CLIMB up to and including the date of cancellation.
8. Vendors and Subcontractors. PCC CLIMB shall timely pay all suppliers, lessors, and
contractors providing it services, materials, or equipment for carrying out its obligations under
this Agreement. PCC CLIMB shall not take or fail to take any action in a manner that causes
COT or any materials that PCC CLIMB provides hereunder to be subject to any claim or lien of
any person without COT's prior written consent.
9. Amendments. Any Amendment to this Agreement must be in writing and signed by the
appropriate representative of both COT and PCC CLIMB.
10. Termination. COT and PCC CLIMB, by mutual written agreement, may terminate this
Agreement at any time. COT, on thirty (30)days' written notice to PCC CLIMB, may terminate
this Agreement for any reason deemed appropriate in its sole discretion. Either COT or PCC
CLIMB may terminate this Agreement in the event of a breach of the Agreement by the other.
Before termination for breach, however,the party seeking the termination shall give to the other
party written notice of the breach and of the party's intent to terminate. If the party has not
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l
entirely cured the breach within fifteen(15)days of the notice, then the party giving the notice
may terminate the Agreement at any time thereafter by giving written notice of failure to cure.
11. Remedies. In the event COT terminates this Agreement due to a breach by PCC CLIMB,
then COT may complete the work itself,by agreement with another college,or by a combination
thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of
the total compensation provided under this contract, then PCC CLIMB shall pay to COT the
extra cost of completing the work. The remedies provided above to COT shall not be exclusive.
COT shall be entitled to any other equitable and legal remedies that are available. In the event
COT breaches this Agreement,then PCC CLIMB's sole remedy shall be limited to termination
of the Agreement and receipt of payment as provided above under pursuant to Section 7,
Training Cancellations.
12. Applicable Law,Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Oregon. Any suit for enforcement shall occur, if in the
state courts, in the Washington County Circuit Court, and if in the federal courts, in the United
States District Court for the District of Oregon.
13. Indemnification.
a. Professional Liability Claims. To the extent permitted by Oregon Law and by the
Oregon Tort Claims Act(ORS 30.260 through 30.300), PCC CLIMB shall
defend, save, and hold harmless COT, its officers, agents, and employees, from all
claims, suits,or actions arising out of the professional negligent acts,errors or
omissions of PCC CLIMB or its subcontractors and sub-consultants, agents or
employees in performance of professional services under this Agreement.
b. Claims for Other Than Professional Liability. To the extent permitted by Oregon
Law and by the Oregon Tort Claims Act(ORS 30.260 through 30.300), PCC
CLIMB shall defend, save, and hold harmless COT, its officers, agents, and
employees, from all claims, suits, or actions of whatsoever nature, including
intentional acts, resulting from or arising out of the activities of PCC CLIMB or
its subcontractors, agents or employees under this Agreement.
c. Subject to the limitations of the Oregon Tort Claims Act and the Oregon
Constitution,COT agrees to indemnify,defend and hold harmless PCC CLIMB
and its officers,agents and employees against all liability, loss and costs arising
from actions, suits, claims or demands attributable to acts or omissions of COT
and COT's elected and appointed officials,officers,agents, employees and
volunteers, in performance of this Agreement.
14. Non-Discrimination. PCC CLIMB agrees to comply with all applicable requirements of
federal and state civil rights and rehabilitation statutes,rules,and regulations. PCC CLIMB also
shall comply with the Americans With Disabilities Act of 1990(Pub 1. No. 101-336) including
Title II of that Act, ORS 659.425,and all regulations and administrative rules established
pursuant to those laws.
Page 3 —PCC and City of Tigard CLIMB IGA
15. Vendors and Subcontractors. PCC CLIMB shall timely pay all suppliers, lessors, and
contractors providing it services, materials, or equipment for carrying out its obligations under
this Agreement. PCC CLIMB shall not take or fail to take any action in a manner that causes
COT or any materials that PCC CLIMB provides hereunder to be subject to any claim or lien of
any person without COT's prior written consent.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of
the date set forth herein by their duly authorized representatives.
City of Tigard Portland Community College
CLIMB Center
By:
Dana Bennett Tonya ooker
Human Resources Director Division Dean,Continuing Education
Date: 12--a-12tyl? Date: 17-/J-/!
Federal ID#: 93-0575187
Contract# 1847-830
Program# 47
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