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Portland State University CEPE/John Whitted ~ C190004 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUSTA CCOMPANY EVER Y CONTRACT Contract Title: PSU CEPE Number: C190004 Contractor: Portland State University CEPE/John Whiffed Contract Total: $10.750 Contract Chen tew: Pro-,ide 19 hours of tra gig for pp to 30 staff, focused on the apylicaaon of I.,F',N 12nnci2als to a goN>-ernment setting Initial Risk Level: ❑ E treme ❑ High ❑ Moderate 0 Love Risk Reduction Steps. Risk Comments: Risk Signature: Contract Manager: Dana Bennett Ext: 2433 Department HR-Risk Tree: ❑ Personal Svc ❑ Professional Svc ❑ .architectural_lgr ❑ Public Imp ❑ General Svc ❑ Engineering Svc ® Other- Presenter Agreement Start Date: 08/21/2018 End Dates 10/_31/`018 Quotes/Bids/Proposal FIRM AMOUNT/SCORE Requested from PCC,but no ggyernment focused Lean training available Requested from state of WA,but do not prox ide training in OR Unable to locate other go�-ernment focused Lean training Account Stang. Fund-Division-Account Work Order—Activigy—T=e Amount FY 2018-19 600-1000-54303 CM 1,343 FY 2018-19 600-1100-54303 HR 1,343 FY 2018-19 600-2000-54303 FIS 1.343 FY 2018-19 100-4000-54303 PD 1,343 FY 2018-19 100-6000-54303 PW 1,343 FY'2018-19 230-3100-54303 CD - 674 FY 2018-19 100-3000-54303 CD 6-74 FY 2018-19 100-5000-54303 LIB 1,343 FY 2018-19 650-6400-54303 _ CS 336 FY 2018-19 100-1.100-54303 CS "` 336 FY'2018-19 600-1300-54303 CS 336 FY 2018-19 600-1500-54303 CS 336 Approvals - LCRB Date: Department Comments Department Signature: Purchasing Cominents: Purchasing Signature: Cit}Manager Contnents-, City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing OMce along with a completed Contract Checklist PSU Contract #: 571165 Contract# CITY OF TIGARD,OREGON PRESENTER AGREEMENT THIS AGREEMENT made and entered into this 7th day of August, 2018 by and between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Portland State University Center for Executive and Professional Education,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 October 31,2018. 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 Ten Thousand Seven Hundred Fifty and Zero/100 Dollars ($10,750.00) for performance of those services described in this Agreement. City will not compensate Presenter for travel to or from the work location at City Hall,including travel time or mileage. 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 PORTLAND STATE UNIVERSITY PSU CEPS Attn: Dana BennetAttn: John Whiffed on Sarazin Instructor through PS Address: 13125 SW Hall BoulevardAddress: Tigard, Oregon 97223 Suite 100B, 1500 SW 1 st Ave. ordand,OR 97201 Phone: 503 7182453 hone: 503-841-5096 Email: danab@dgard-or.gov Email: iwhitted _pdx.edu PRESENTER LAS 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 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' of 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 triall 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 is required by this Agreement,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 commencement of work. 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 Agreement. Driving to and from the work location at City Hall is distinct from and not considered driving required by this Agreement. TERMINATION The Parties agree that any decision by either party to terminate this Agreement before either before the work is completed or the 31 day of, 2018 shall 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 21 P a g e 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. ent. 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 frailly 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. CONDITIONS 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 City on account of any labor or material to be furnished. 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 Presenter has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized undersigned officials. CITY OF TIGARD P.S.U. .P E. By: Authorized City Official By: Authorized Agent of Presenter T41VA— Z. Greg Smith Sr . Contract Officer Name Name D /dl�2Dl� 08/09/2018 Date Date HR Presenter Agreement 3! P a i , EXHIBIT A SCOPE OF WORg Lean Government Training Proposal for City of Tigard Duration:2.5 days(19 hours) of training Participants: Up to 30 participants per group Location: City of Tigard offices Date: TBD Cost: $10,750 This is a fixed cost and includes content development and customization, 2.5 days total of facilitation, the design, production and delivery of printed materials for each participant, certificates of completion and transcription of CEUs, and electronic evaluation of the program. Lean Government Session 1 (full day: 8:30—4:30) • Introductions • Lean office demonstration • Background—what is Lean (examples in government) • A short list of benefits o Improved public service (time to delivery and quality of service) o Improved work flow and service to internal customers o Release of space converted for other purposes a Saving of costly City of Tigard resources o Better organized workplaces in a number of offices o Most critical—A ENERGIZED PUBLIC SERVANT • Lean Government versus Conventional Government • 5 Barriers to Lean in Government • 10 Commandments for Lean in Government • Learning to see value and flow—the basics of Lean • Lean tools o Value Stream Mapping a Strategy development and deployment(Hoshin Kanri) o Experimentation (PDSA) o Process (Gemba)walk o Visual management 0 5S workplace organization and management 0 5 Whys root cause analysis o Error proofing • The mechanics of Lean a Goals drive engagement(OKRs) o Visible work drives teamwork(Kanban) o Simple process drive quality and speed (Kaizen) • Homework: find and bring your goals and work plans Day 2 (half day) • Making work visible: Kanban o Setting up boards • Daily huddles o Swarming • Focusing efforts(OKRs) HR Presenter Agreement 4( P a g e o Setting objectives o Setting key results and tying to Kanban boards o Quarterly resets • Kaizen—The continual Improvement System o How to select a Lean project o How to scope and prepare o How to conduct the Lean events o How to follow-up after Lean events • Getting started with Lean in Government: the 4P model o People Involvement o Physical Workplace Improvement o Process Improvement o Policy Review • Homework: select actual process for improvement and gather evidence Day 3 (full day: 8:30—4:30) • Your first Kanban boards • Your first OKRs • Kaizen application • Brainstorming session—breakout groups • Think about your departments, where can you apply the principles you've learned? • What processes need improving? • Performance Audits what areas should your departments focus on Instructor: Ron Sarazin is president of Olympic Performance, Inc., a consulting company, and CEO of Process Path, Inc., a software company. He holds a BS in industrial engineering from Oregon State University and completed advanced training at the University of Idaho and Stanford University. Mr. Sarazin has held leadership positions with ALCOA, PACCAR, PGE, and Mutual Health Systems, Inc. He is an accomplished author and trainer, and his most recent publication, Action with Traction, is available on Amazon PSU contact: John Whiffed, iwhittedCcDpdx.edu, 503-841-5096 HR Presenter Agreement 51 P a S