Mcmahon Consulting, LLC ~ C190054 City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd,
*
AMENDMENT SUMMARY Tigard,Oregon 97223
Phone-(503)639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www. ' rd-or. o►-
Pro'ect Title: Strategic Plan Refresh Project Manager: Marty Wine
Contractor: McMahon Consultin . LLC Original Contract#C190054
Effective Dates: 03/05/2019—01/31/2020 Change Order/Amendment Amount:
Accounting String: Amendment Percenta e Running Total: %
AMENDMENT DETAILS
1. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated
or extended, on Septem __30, 2019 January 31, 2020. 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
Thousa Thirty Four Thousand and No/100 ($39;800.09$34,000.00) if all tasks are completed. Any and
all payments made to the Consultant shall be based upon the following applicable terms:
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPRO CITY STAFF
Signature Signature
�.
Date 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
work. The unit pricing in the original contract shall apply to all Signature
additional work. A copy of this form, once completed, is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember — the cumulative total of
Amendments cannot exceed theproject's FY budget. Date
CITY OF TiGARD,OREGON
AMENDMENT TO CONTRACT
STRATEGIC,PLAN REFRESt-1
0190054
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and McMahon Consulting, LLC, hereinafter referred to as Contractor, entered into on the 5th day of
March,2019,is hereby amended as follows:
1. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire,unless otherwise
terminated or extended, on rtal1, l;inuary i i, 22020. 1ll1 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 tile:
work under this Agreement. The total amount paid to the Consultant by the City shall not exceed
'ring; ''-3! tura fliirr f-o r ri u,and and No/100 ( ()044.44 U,000.001) if all tasks are
completed. Any and all payments made to the Consultant shall be based upon the following applicable
terms_
.IN WI."INESS WHEREOF, City has caused this Amendment to bet executed by its duly= authorized
undersigned officer Enid Contractor has executed this Amendment upon signature 'd date fisted below.
CITYOFTIGARD 1 MC 30NCONS LTIN r
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Signature .'fig afore �d
Printed Nam Printed Name
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Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
Contract Title: Strategic Plan Refresh Number:
Contractor: McMahon Consulting,LLC Contract Total: $30,000
Contract Overview: Consultant will provide consultation and facilitation services to help the city refresh
its 20-5 ear strategic plan adopted in 2013.
Initial Risk Level. ❑ Extreme ❑ High ❑ Moderate 0 Loa
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Marty Wine ry Manager Ext 2486 Department: City Management
Type: ® Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date: 3519 End Date: 9-30-19
Quotes/Bids/'Proposal: FIRM AMOUNT/SCORE
McMahon Consulting,LLC 1st
Spark Solutions Declined
Arrow Consulting_&Coachmg 2 n
Jensen Strategies Didn't bid
Sara Singer Wilson Consulting Didn't Respond
Account String: Fund-Division-Account Work Order—Activity Tyke Amount
FY 18-19 100-0500-54001 $30.000.00
FY
FY
Auurovals - 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 Oh°ice along with a
completed Contract Checklist.
CContract Number %t)�q
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
STRATEGIC PLAN REFRESH
THIS AGREEMENT made and entered into this 5' day of March, 2019 by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and McMahon Consulting,
LLC,hereinafter called Consultant.
RECITALS
WHEREAS, the City's 2018-19 fiscal year budget provides for services related to a refresh of the City
Council's Strategic Plan; 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 upon the date of execution, and shall expire, unless
otherwise terminated or extended, on September 30, 2019. 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 Thirty Thousand and No/100($30,000.00)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 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 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.
2019 PSA—Strategic Plan Refresh 2 T
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 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 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 expiration 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 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
2019 PSA—Strategic Plan Refresh 3 1 1'
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 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 $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
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
2019 PSA—Strategic Plan Refresh 4 1 1' a rr e.
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.
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. Sel€-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.
I. Primacy 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.
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 satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
2019 PSA—Strategic Plan Refresh 5 1 P e.
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW 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.
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:
Attn: Marty'Wine, City Manager Attn: Barb McMahon
Address: 13125 SW Hall Boulevard Address: 1113 A Street, Suite 201
Tigard,OR 97223 Tacoma,WA 98402
Phone: 503-718-2486 Phone: 253-381-2605
Email: marty a ti ard-or.gov Email: barba mcmahonconsult.com
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.
2019 PSA—Strategic Plan Refresh 6 1 P 2,e
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. 'Phis
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 workas 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
2019 PS.k—Strategic Plan Refresh 7 1 P a, e
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 MA
JEURE
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 Nvaiver 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 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 Agreement without undue delays 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
2019 PSA—Strategic Plan Refresh 8 1 " a e
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 Chapters 279A,279B and 279C,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 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 famished. Consultant further agrees to pay to the Department of
Revenue all sums withheld from employees pursuant to ORS 316.167.
2019 PSA—Strategic Plan Refresh 9 P a e
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. 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 TIGARD ONACONN ,LLC
By: Marty Fine, City Manager y: Bar cipal
3• / .�o x/43�I.9
Date Date
2019 PSA—Strategic Plan Refresh 10 1 1= s>
EXHIBIT A
SERVICES TO BE PROVIDED
OVERVIEW
The City of Tigard is seeking consultation and facilitation services to help the City refresh its 20-year
strategic plan adopted in 2013 (2014-2034) and help stakeholders be motivated by, invested in, and/or
aligned with current plan. The 20-year vision will not change, but the rest of the plan needs
updating/refreshing. It has been a challenge to identify achievements to date because no measurable
desired outcomes/results were identified in current plan.
Project Goals
• Build strong sponsorship for plan and implementation.
• Refresh City's Stragegic Plan (adopted 2013),including
o Vision
o Current state assessment/analysis
o Goals
o Objectives and action plans
o Desired outcomes/key results and performance measures
• Build organizational and community commitment and enthusiasm to plan and implementation.
Expected Outcomes/Deliverables
• Strong sponsorship
• An updated 5-year strategic plan that relects City's priorities,needs and interests
• Increased stakeholder commitment and alignment to plan and implementation (i.e. employee and
community voice reflected in refreshed plan)
• Ways to measure progress and results
Timeline
0 Ready to implement refreshed plan by August 2019
Estimated Costs and Fees
Consulting and facilitation rate$250/hour plus travel expenses.
Approach:The approach below is guided by the consultant strategic planning process (Exhibit B) and
the following conditions for success:
Conditions for success
• Sponsorship: Commitment,support,and involvement from top leadership throughout the process
is critical l to the success of the plan. The consultant's role is to guide and facilitate the process,
providing continuous coaching and feedback;the leaders must do the"heavy lifting" and own and
drive the planning process and implementation.
• Customization: Although the strategic planning model is a tried and true process, because
organizations are unique and one size does not fit all,the approach must be tailored specifically to
meet the client's needs, special challenges, and desired goals and outcomes.
• Clear roles: A commitment to clarifying roles and expectations for all participants early in the
planning process,including clarity as to who will have input into the plan and who will be decision
makers,will make for a more productive planning and implementation experience.
2019 PSA—Strategic Plan Refresh III n a g e
• Diverse planning team: The right mix of individuals on the planning team will assure a more robust
plan. Strategic thinkers and actionaries (individuals who are in a position to see things through to
completion), big picture (conceptual) thinkers and detail-oriented thinkers, and representatives
from all parts and levels of the City are recommended.
• Stakeholder involvement/engagement: A willingness to be inclusive and encourage broad
participation in the planning of strategy and direction of the organization will ensure employees
and key community members/partners feel ownership of and are energized by the process and
plan.Stakeholder input provides unique insight into issues,challenges,concerns,and opportunities
which may not be known or fully understood by a small planning group. Broad involvement also
ensures commitment to execute strategies and actions.
• Openness to gather and be influenced by real information: A willingness to question the status
quo by gathering real data regarding the organization's strengths,weaknesses, opportunities, and
threats/challenges will assure a more solid plan.
• Continuous leaming and communication: The project and implementation teams must be
motivated to continuously learn throughout the planning and implementation process from each
other and from stakeholders. Feedback must be regularly solicited to assure the process and the
plan are producing the desired outcomes. A robust communication plan will support this success
factor.
• Measurement: Reliable and realistic performance indicators are important to regularly monitor
implementation progress and success.
■ Commitment of resources: Sponsors must be committed to allocate sufficient resources to
complete the planning and implementation process,including time,staff, and budget.
• Work between planning sessions: For each of the steps outlined below pre-work by the teams
between sessions is recommended to assure the most effective and efficient use of time.
2019 PSA—Strategic Plan Refresh 12 1 ? a
Ex iBrr B
CONSULTANT'S COST PROPOSAL
ConrsultTang
Sfep What t . y Hci� Cast:est.
a) Clarify and agree on project
scope,goals,desired outcomes,
timeline,and process. Meeting with City Manager, $500-
1. Set the stage b) Agree on roles(project team, 2-4 hours
Project team and consultant. $1000
implementation team,
consultant).
a) Consultant to design and
a) Clarify project,sponsor,and conduct one-on-one TBD(City
interviews,summarize and Mgr.to
implementation team TBD
expectations communicate results,and provide#of
adjust strategic planning interviews
process accordingly.
b)Consultant and project team
conduct session with sponsors
b) Strengthen sponsorship to share/discuss interview 4 hours $1000
feedback. Share characteristics
2. Build of effective sponsorship.
Clarify their role.
organizational and c) Team and consultant design
community approach for gathering
engagement, stakeholder expectations.
alignment,and c) Identify critical stakeholders' (Focus is learning from
commitment to the (internal and external)needs& stakeholders;not selling and TBD based on
expectations telling).Consultant&team to methodsTBD
process and plan � � agreed to..
facilitate listening sessions and
summarize input. Team and
consultant to adjust process to
reflect findings.
d) Team,consultant,and City
internal communications
experts to design an approach
d) Create communication plan. (Option:Consultant only TBD TBD
reviews approach and offers
feedback.)
a) Agree on current state analysis
approach,including what
data/information should be a) Consultant w/project team
collected and analyzed and and/or implementation team. 8 hours $2000
who will collect.(Approach
should include assessment of
3. Analyze Current current strategicplan.)
State b) Conduct updated SWOT b)Implementation team and/or
analysis(internal strengths& Project team gathers data and
weaknesses and external analyzes.Consultant to
opportunities&threats)using provide periodic guidance and 4 hours $1000
data where possible to validate review as requested
current state. Summarize
findings and themes.
2019 PS_ —Strategic Plan Refresh 13 1 P a g e
c) Present current state findings
&themes and agree on c) Team with consultant 8 hours $2000
implications for plan
a) Reaffirm 20-year vision based a) Consultant w/project&/or $500-
4. Reaffirm and
on current state findings_ implementation team 2-3 hours $750
update Vision b) Create interim 5-year vision b) Consultant w/project&/or $2000-
(detailed images and implementation team 8-10 hours $2500
outcomes
a) Identify major 5-year focus
areas(goals/strategic priorities)
` that will close the gap between a)Consultant w/project team
the current state and desired and/or implementation team 4 hours $1000
end-state(5 year vision of
5. Update Goals success). Compare with
(aka Strategic current goals.
Priorities) b) Align 5-year vision with each
iof the strategic priorities.
Identify desired outcomes and b)Consultant w/project team $2000-
performance indicators for and/or implementation team 8-12 hours $3000
each goal/priority to enable
measurement and tracking of
progress and success.
a) Communicate updated current a)Consultant and team identify
state analysis findings,updated
� vision,and goals/strategic key stakeholders and design
priorities to all key sessions.Consultant w/team TBD TBD
ers and gather
6. Build stakeholders (and City communication
organizational feedback part d experts?) facilitate stakeholder
a ent/ nt/engage communication plan)
commitment
sessions.
b) Summarize stakeholder b)Consultant and/or
commitment feedback communication team 8 hours $2000
e) Incorporate feedback into plan,
i.e.update vision and goals c) Project and implementation 4-8 hours $1000-
based on feedback team w/help of consultant $2000
a) Review and update current a) Internal team.Consultant
7. Update objectives to align with provides guidance and 6-8 hours $1500-
Objectives and updated goals/strategic $2000
annual priorities feedback
activities/action j b) Identify specific annual actions b) Internal team. Consultant $1500-
plans) I plans for each updated provides guidance and 6-8 hours $2000
objective feedback
a) Regularly measure progress
8. Continue to build b) Regularly communicate
organizational progress and results to Project team and implementation
alignment and stakeholders and solicit team with help of internal 0 0
community feedback communication experts
engagement c) Adjust plan where needed
I
2019 PSA—Strategic Plan Refresh 14