Audubon Society Of Portland And Columbia Land Trust ~ C200012 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.tigard-or.go91 1 1v
Project Title: Backyard Habitat Certification Program Project Manager: K-enny Asher
Contractor:Audubon Society of Portland and Original Contract#: C200012
Columbia Land Trust
Effective Dates:July, 2020—December 31,2020 Chane Order/Amendment Amount: $12,210.00
Accounting String: 100-3000-54001 Amendment Percentage Running Total: %
AMENDMENT DETAILS
Extend expiration date to December 31, 2020
CHANGE ORDER DETAILS I UNIT I QTY UNIT$ TOTAL$
Original Contract $7,790
Amendment Amount $12,210
Total Contract $20,000
REASONING FOR CHANGE ORDER/AMENDMENT
We are working to see about issuing a new contract,but in order to keep this program moving forward for the
residents of Tigard during the summer and fall we are increasing it to the maximum amount allowed under our
contracting rules. We want to keep the program moving forward with no lapses. Extending and taking the
contract to our maximum authority $20,000gives us time to work on revising scope.
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Srgnature
uly 7, 2020 1 7/7/2020
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 Signature
work. The unit pricing in the original contract shall apply to all
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
DocuSign Envelope ID: D6B756FC-C647-4FF3-8EB9-EF99BC3AA3CF
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
BACKYARD HABITAT CERTIFICATION PROGRAM
C200012
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Audubon Society of Portland, OR an Oregon non-profit corporation, and Columbia Land Trust, a
Washington State non-profit corporation,hereinafter referred to as Contractor,entered into on the 26`'day of
June,2019,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on jutie 30, 2020 December 31, 2020,
unless otherwise terminated or extended. All work under this Agreement must be completed prior to the
expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount
paid to the Contractor by the City may not exceed
Dollars (�r7�0) Twenty Thousand and No/100 Dollars ($20,000.00).
Additional Scope
July 2020—December 2020—Continue offering Backyard Habitat Program services, as described in original
scope to Tigard residents.
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 AUDUBON SOCIETY OF PORTLAND
DocuSbgned by:
Signature Signature 8CAS'VFEDAC147B...
Martha Wine Megan van de Mark
Printed Name Printed Name
7/7/2020 6/29/2020
Date Date
Columbia Trust
Signature
Dan Roix
Printed Name
6/30/2020
Date
CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
y (THIS FORM MUSTACCOMPANYEVERY CONTRACT _
Contract Title: Backyard Habitat Certification Program Number: LYL
ContractoIr: Audubon Society of Portland and Columbia Land Trust Contract Total: $7,790
Contract Overview: Expands the Backyard Habitat Certification Pragram to Washington County and
Tigard providing technical assistance,incentives,resources,and recognition to
private pso2ertu owners to restore native wildlife habitat,control invasive weeds,
reduce pesticides,and manage starmwater at home.Increasing effective mana ement
of privatel -hy eld lands,accomahishing crucial ecological outcomes and fostering ethic
of stewardsw.
Initial Risk Level: ❑ Extreme ] High ❑Moderate Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Kenny Asher Ext: 2443 Department: CD
Type: Personal Svc Professional Svc ❑ Architectural Agr ❑ Public Imp M General Svc
❑ Engineering Svc ❑ Other: Start Date:July 1 2019—End Date:June 30 2020_
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Direct appoint $7,790
Account String: Und-Divisio"-AckcLuntWork Order—Activity Type Amount
FY 19-20 100-3000-54001 $7,790
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature.
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract NumberG20 o
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CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
BACKYARD HABITAT CERTIFICATION PROGRAM
THIS AGREEMENT made and entered into this 26"day of June,2019 by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Audubon Society
of Portland, OR, an Oregon non-profit corporation, and Columbia Land Trust, a Washington State f
non-profit corporation,hereinafter collectively called Contractor.
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RECITALS
WHEREAS,the City's 2019-2020 fiscal year budget provides for services related to backyard habitats;
and
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WHEREAS,City has need for the services of a company with a particular training,ability,knowledge, E
and experience possessed by Contractor,and I
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set fordz,
THEREFORE, the Parties agree as follows:
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1. SERVICES TO BE PROVIDED 1
Contractor will initiate services immediately upon receipt of City's notice to proceed together
widz an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A,incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on June 30, 2020,unless
otherwise terminated or extended. All work under this Agreement must be completed prior j
to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed Seven Thousand Seven
Hundred Ninety and No/100 Dollars($7,790.00). Payments made to Contractor will be based 3
upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor,with the exception of expenses,if any,identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice, subject to the
approval of the City Manager,or designee,and not more frequently than mondrly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
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C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
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D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of die-work provided for in this Agreement.
E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
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F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167. j
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G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from �
the contractor or any subcontractor.
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H. If Contractor fails,neglects,or refuses to make prompt payment of any claire for labor or
services furnished to Contractor 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 Contractor. The payment of the claire in flus
manner does not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
I. Contractor will 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 die employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
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Contractor collected or deducted from the wages of employees pursuant to any law, J
contract,or agreement for the purpose of providing or paying for services.
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J. Contractor 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.
K. Contractor must obtain,prior to the execution of any performance under this Agreement, f
a City of Tigard Business License. The Tigard Business License is based on a calendar f
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.
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L. The City certifies that sufficient fluids are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
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4. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any .interest in or duty under this Agreement
.without due written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
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Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor nor anything
contained herein creates any contractual relation between the subcontractor and City. The
provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that.
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is all
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore,in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Conti-actor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor 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 Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms ate used in ORS
30.265.
7. CONFLICT OF INTEREST
The undersigned Contractor 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 Contractor, 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, Contractor 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.
8. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into dris Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as-,vell
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not operate as a waiver or release.
Contractor 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 dais contract, except liability arising out of the sole negligence of the City
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and its employees. Such indemnification will also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indeninification.
9. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including die operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following Emits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain,at Contractor'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" fomi (CG 2010 1185 or equivalent). This coverage -must
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
13. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term
of die contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single
Linift per occurrence may not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, die
Contractor will obtain,at Contractor'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 may not be less than $2,000,000.
C. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under diis Contract that are subject employers under the Oregon Workers'
Compensation Law must comply with ORS 656,017, which requires diem to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation cover-age for [heir
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
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need not obtain workers' compensation coverage. All non-exempt employers must
provide Employer's Lability Insi-irance with coverage limits of not less than $1,000,000
each accident.
D. Additiongl Insured Provision
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Ratigg
Coverages provided by the Contractor must be undetwitten by .in insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VIP or better,or equivalent. The City reserves die Light
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some contractors 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 Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor Must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage arnounts 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,Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by die 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. Primary Covetaae Clarification
The parties agree that Contractor's coverage is 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.
I. 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
Agreement.
A certificate in form satisfactory to die City certifying to the issuance of such insurance
will be forwarded to:
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City of Tigard
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Attn: Contracts and Purchasing Office j
13125 SSV 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, xnay be required to be
forwarded to the above address.
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Such policies or certificates must be delivered prior to commencement of the work, The
procuring of such required insurance will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance,Contractor is obligated for die total amount j
of any damage, injury, or loss caused by negligence or neglect connected Nvith this i
Agreement.
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10. METHOD &PLACE OF SUBMITTING NOTICE BILLS AND PAYMENTS j
All notices,bills and payments will 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 will be used to transmit notices,bills,payments,and other information:
Attn: Kenny Asher. Attn: Bob Sallinger,Conservation Director !
Address: 13125 SSV Hall Blvd Address: 5151 NW Cornell Rd
Tigard,OR 97223 Portland OR 97210
Phone: (503) 718-2443 Phone: (503) 292-6855
Email: kenn to c d and-or, ov Email: bsallingeraaudubonpordand.org
VRT
Attn: Susie Peterson
Address: 511 SE Morrison St
Portland OR 97214
Phone: (503) 841-5918
Email: speterson a,columbialandtrust.org !
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed
given at the time of actual delivery. Changes may be trade in die names and addresses of the
person to who notices,bills, and payments are to be given by giving written notice pursuant
to this paragraph.
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11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
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12. MERGER j
This writing is intended both as a final expression of the Agreement between the parties Xvith i
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of thus Agreement will be effective unless and until it is made in j
writing and signed by both parties. j
13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this f
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph,City will pay Contractor for services rendered to the date of termination.
14. TERMINATION WITH CAUSE
A. City may terminate thus Agreement effective upon delivery of written notice to Contractor,
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 3
services. This Agreement may be modified to accommodate a reduction in Eunds.
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 j
this Agreement.
3) If any license or certificate required by haw or regulation to be held by Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becoines insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph(A)will be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination. i
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B. City, by written notice of default (including breach of contract) to Contractor, may
terminate die whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this .Agreement within the time 3
specified,or
2) If Contractor fails to perform any of the other provisions of this Agreement,or fails
to pursue the Nvork as to endanger performance of this.Agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures 1
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by late or under this Agreement.
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If City terminates this Agreement under paragraph (B), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages,if any, sustained by City due j
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon lav, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. ACCESS TO RECORDS
City will have access to such boons, documents, papers and records of Contractor as are
directly pertinent to this.Agreement for the purpose of making audit, examination, excerpts {
and transcripts.
16. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Adininistration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Contnunication Rules,if any goods or services provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical
under normal conditions of use(for example,employees of a constriction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheet, the identity of the chemical/s,how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
and the safe work:practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
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17. FORCE MAJEURE
Neither City nor Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or 1
negligence on the part of the parties so disenabled,including but not restricted to, an act of j
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 will"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 will not be the basis for a claire for
additional compensation. Each party will,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor 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 rights to assert or rely upon such terms or rights
on any future occasion.
19. HOURS OF LABOR, PA., Y EQUITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
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A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week,except as provided by law. For contracts for personal services,as
defined in ORS 279A.055,Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing .1
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage,salary,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee of another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20, NON-DISCRIMINATION
Contractor will comply wide all federal,state,and local laws,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990,as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101-336);and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. ERRORS
Contractor will 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.
22. EXTRA (CHANGES)WORK
Only the City's Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. ATTORNEY'S FEES
In the event an action, suit of proceeding,including appeal,is brought for failure to observe
any of the terms of this Agreement, each part), is responsible for that party's own attorney
fees,expenses,costs and disbursements for the action,suit,proceeding,or appeal.
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24. CHOICE OF LAW.VENUE
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
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25. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
26. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
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Agreement will control. In the event of conflict 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 will i
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will I
control.
27. AUDIT
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Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequ;ite performance and accurate expenditures within the contract
period. Contractor 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
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the accurate expenditure of funds.
28. SEVERABILITY
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In die 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 will
not be impaired unless the illegal or unenforceable provision affects a signuficant right or j
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and,if negotiations fail,may terminate die Agreement.
29. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned's
knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
(Signature Page to Followl
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IN WITNESS WHEREOF,City and Contractor have caused this Agreement to be executed by their 1
duly authorized officials,
CITY OF TIGARD AUDUBON SOCIETY OF PORTLAND OR
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PSA Template—Revised 5/15/2019
ExHiBiT A
SERVICES To BE PROVIDED
INTRODUCTION
The Backyard Habitat Certification Program(BHCP) provides technical assistance,incentives,
resources,and recognition to private property owners to restore native wildlife habitat,control
invasive weeds,reduce pesticides,and manage storniNvaterat home.The program is designed to
increase effective management of privately-held lands by partnering with communities and by
leveraging the time,tabor and skills of nearly 100 volunteers and 5200 program participants.
Together we accomplish crucial ecological outcomes,while fostering lasting behavior change and an
ethic of stewardship.
As development and die population in the metropolitan area grows at an unprecedented rate—
from 2.1 million people today to 3.2 million people in 2030—it is a priority to enlist the help of city
residents in efforts to combat environmental burdens.The BHCP directly-responds to this call to
action by engaging urban and sub-urban residents as partners in conservation.The objectives of the
program are to increase the public's awareness of the benefit of conservation in the metropolitan
area and to incentivize continual,measurable on-the-ground habitat enhancements in five key areas;
1)remove invasive species,2) enhance native vegetation in their yards,3) reduce pesticides,4)
steward wildlife and 5)improve storm-water management.Through these activities,participants gain
an understanding that their backyards play a role in supporting broader conservation efforts and are
part of a landscape-wide eco-system of solutions.
The BHCP fosters community stewardship of urban neighborhoods by giving participants the tools
and incentives to become urban conservationists and work to create and preserve critical wildlife
habitat on their property.In dds way, the program increases the permeability of the developed
landscape, the top strategic action from the developed lands section of the C)j
al Regi o servation
on
Skate lial biodiversio and
Strategy(RCS). From the RCS: "Developed areas bane a vital ivk to p1qq lir ivgio
pvteeMia environmental health. W75m�ffsefiwAmanqged, developed areas increase urban lands4e's overall
permeal)&Ofor wildlife, enhance 11jefinjefion of natural areas and biodiversio corridors, and engig theplihlic in
jjvlelife siewardsbo." I
To date, the BHCP partners with more than 5200 residents,whose yards span more than 1400 urban
and sub-urban acres, and has experienced significant growth over the past year. Portland Audubon
and Columbia Land Trust have mindfully planned program growth and implementation, and had the
capacity to do so by leveraging collective strengths like membership bases, internal outreach
mechanisms, and staff expertise. Throughout the program's history, both organizations have
prioritized engaging all residents regardless of sodocconornic standing,in the program
SCOPE OF WORK
1) Technical assistance—In-person site assessment by contractor staff:
a. Identification of invasive weeds;BMPs for removal
b. Identification of native plants on Portland Plant List(PPL)
c. Resource Packet—connects participants to local progr,-uns and resources
d. Baseline data collect for each site—invasive weeds present,stom-nvater actions taken,
pesticide use, etc.
e. "Certification In Progress"yard sign
PSA Template—Revised 5/15/2019
2) Personalized site report—emailed to participant after site visit:
a. Personalized list of recommended native plants from PPL
b. BIVfPs for each invasive weed present and eradication advice
c. Information on storm-,vater management options
d. Information on how to recognize harmful herbicides/pesticides,reduce usage,and find
alternative pest management steps (Grow Smart,Grow Safe)
e. Information on wildlife stewardship options
3) Discounts and incentives
a. Discounts offered in partnershipwiffi the following native plant nurseries;Echo Valley
Natives,Bosky Dell Natives,Cornell Farms Natives
4) Professional Landscaper Directory—45+ affiliate landscape professionals that have attended
tvainings,signed a program MOU,paid a small fee to be listed,and provide reports on projects
5) Quarterly e-newsletter—5000+recipients,info/additional resources for gardening sustainably
6) Follow-up certification visits with trained volunteers:
R. "Certified Backyard Habitat"metal yard sign awarded if criteria for certification is met
b. "upgrades" to higher levels of certification (silver,gold,platinum)
c. Follow-up data taken—invasive weeds,stoxmwater actions,pesticide use,etc.
d. Certification is valid for 3 years—then needs to be"renewed"
7) Certification " benefits" — free memberships to Portland Audubon/Columbia Land Trust,
Back-yard Bird Shop gift card,additional coupons
SCHEDULE MILESTONES
A. July 2019 — Begin offering Backyard Habitat Program services, as described above to Tigard
residents.There are currently over 40 Tigard yards signed up on the wait list. fj
B. Winter 2020 (if needed)—Develop an appropriate coiTu-nunity outreach plan in order to achieve
site assessment goals.
C. Spring 2020—Continue serving newly enrolled yards,while conducting community outreach as/if
needed.
D. By June 30, 2020 — Enroll at least 15 Tigard yards in the program and provide the full suite of
program services; initial site assessment, educational materials (print and electronic), detail site-
specific report,discounts and incentives.
R. By June 30,2020—At least five of die properties enrolled will have completed their projects,met
the certification criteria,and were awarded habitat certification.
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PSA Template—Revised 5/15/2019
COST/RATE ESTIMATES
Tigard Cost Notes
Program Management $3249 Calculated as 10%of county cost
Program Support and Outreach $1,919 Calculated as 10%of county cost
Tecluiology:Website/database updates
and maintenance,soffi $74vare and hosting Calculated as 10%of county cost
Diversity Equity and Inclusion
Initiatives $54 Calculated as 10%of county cost
Travel $57 Calculated as 10%of county cost
Office supplies,printing,volunteer
appreciation $37 Calculated as 10%of county cost
$1,035 Contractors;paid $69/site
Per Site Assessment Cost(for 15 yards) assessment x 15 yards
Site Materials(for 15 yards) $348 Signs,resources packets,stickers,
follow-up thank you packages,etc.
Sub-Total $6,774
15%Admin Fee $1,016
GRAND TOTAL $7,790
141 Pt g e
PSA Template—Revised 5/15/2019