Bluesun Inc ~ C200040 a
City of Tigard
August 25, 2020
Blue Sun,Inc
Attn:Jeffrey Howell
222 W 1st Ave Ste 240
Albanv Or 97321
REF.: Temporary Staffing Services
Period: October 1, 2020 through September 30, 2021
CONTRACT NOTICE OF AWARD —RENEWAL
Contract# C200040
Dear Jeffrey Howelt,
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its first (1) one-
year extension to the Contract effective from October 1, 2020 through September 30, 2021. This
renewal period shall be governed by the specifications, pricing, and the terms and conditions set
forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Blue Sun, Inc.
Sincerely,
Jamie Greenberg
Purchasing Specialist
503-718-2492
jamie@tigard-or.gov
T/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements,terms, and conditions as set forth in the above referenced tact.
Company u G5 U �
v 12546 . _ Signed: Y LN
Date: 7h 1 7 5 Printed: t L
CITY OF TIGARD, OREGON-CONTRACT SUMMARY FORM
(THIS FORMMUSTACCOMPANYEVERY CONTRACT
Contract Title: Temporary Staffing Services Number:
Contractor: B1ueSun Inc. Contract Total: $100.000.00
Contract Overview: Provides tem oral , staffing services on an as needed basis.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Brandi Leos Ext: 2407 Department: HR
Type: ® Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date: 10/10/2019 End Date: 09 '30/2020
Quotes/Bids/Proposal: FIRM AMOU T CORE
BlueSun QRF
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 19-20 On-Call as needed basis
FY
FY
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 Office along with a
completed Contract Checklist.
Contract Number
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
TEMPORARY STAFFING SERVICES
THIS AGREEMENT made and entered into this 10`x' day of October, 2019 by and between the
City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and B1ueSun
Inc, hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2019-2020 fiscal year budget provides for services related to temporary
staffing services on an as needed basis; and
WHEREAS,City has need for the services of a company with a particular training,ability,knowledge,
and experience possessed by Contractor,and
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 forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services upon receipt of City's notice to proceed together with 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 September 30, 2020,
unless otherwise terminated or extended. The Parties may agree on four(4) additional one(1)
year extensions to the Agreement. At no point can this Agreement exceed five (5) years. 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 One Hundred Thousand
and No/100 Dollars ($100,000.00) over the expected life of the contract. Payments made to
Contractor will be based upon the following applicable terms:
A. Contractor's temporary employee assigned to the City hereunder will present a timesheet to
the City for verification and signature at the end of each week. City's approval thereby will
indicate its acceptance of the hours worked.
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 monthly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
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.
D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the 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.
F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. If Contractor fails,neglects,or refuses to make prompt payment of any claim 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 claim in this
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 the employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract,or agreement for the purpose of providing or paying for services.
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,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31 st 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.
L. The City certifies that sufficient funds 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.
4. OWNERSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
2 1 P a g e
PSA Template—Revised 5/15/2019
pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENT DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the 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,
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 not 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 an
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 Contractor 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 are 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 their
normal charge for the type of service provided.
8. INDEMNIFICATION
City has relied upon the ability and training of Contractor as a material inducement to enter
into this Agreement. Contractor 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 Contractor's
work by City will not operate as a waiver or release.
31Page
PSA Template—Revised 5/15/2019
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 this contract, except liability arising out of the sole negligence of the City
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 indemnification.
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 the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits 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" form (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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor must also obtain,at Contractor'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 may not be less than$1,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
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 $1,000,000.
4 1 P a g e
PSA Template—Revised 5/15/2019
C. Workers' Compensation Insurance
The Contractor, 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 must 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. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional 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 Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some 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 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, 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 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. PrimaKy Coverage 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.
51Page
PSA Template—Revised 5/15/2019
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 the City certifying to the issuance of such insurance
will be forwarded to:
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 will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. METHOD & PLACE OF SUBMITTING NOTICE BILLS AND PAYMENTS
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: Brandi Leos Attn: (_ - C 0we—�
Address: 13125 SW Hall Blvd Address: v
Tigard, OR 97223b�
Phone: (503) 718-2407 Phone: (541) 207-3212
Email: brandi(a,ti rd-or. .ov Email: o Le)bluesuninc.com
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 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.
11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
6 1 P a g e
PSA Template—Revised 5/15/2019
12. 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 will be effective unless and until it is made in
writing and signed by both parties.
13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this
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 this 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
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law 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 becomes 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.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or fails
to pursue the work 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
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 law or under this Agreement.
7 1 P a g e
PSA Template—Revised 5/15/2019
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
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, 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 books, 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 Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication 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 construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets,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.
17. FORCE MMEURE
Neither City not 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
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 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 claim 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, PAY EQUITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
8 1 P a g e
PSA Template—Revised 5/15/2019
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 a
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 or 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 with 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.
9 1 P a g e
PSA Template—Revised 5/15/2019
23. WARRANTIES
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures,workmanship
and materials are the best available unless otherwise specified in the profession. Neither
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement,will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests,liabilities, charges,and encumbrances of any kind.
24. 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 party is responsible for that party's own attorney
fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal.
25. 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.
26. 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.
27. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
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
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. AUDIT
Contractor will 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. 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
the accurate expenditure of funds.
29. 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 will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and,if negotiations fail,may terminate the Agreement.
101 Page
PSA Template—Revised 5/15/2019
30. JOB SUPERVISON
The City shall be responsible for the supervision of the Contractor's employees while on
assignment to the City.
31. JOB LIMITATIONS
City will not permit or require a temporary employee of Contractor(i)to perform Services outside
of the scope of their assignment; (ii) to sign contracts or statements, (iii) make management
decisions(iv) to sign,endorse,wire,transport or otherwise convey cash,securities,checks,or any
negotiable instruments or valuables, (v) to perform Services remotely (e.g., on premises other
than the City's premises),or to use computers,software or network equipment owned or licensed
by the temporary employee.
32. SCOPE OF BACKGROUND INQUIRIES
Contractor checks references only by asking specific questions to select past employers with
regard to skills and work history before placing an individual on their first assignment. To the
extent permitted by applicable law, Contractor will have our independent third party vendor
perform the following checks:
Seven (7) year criminal background investigation for all state felony convictions and pending
charges and state misdemeanor convictions and pending charges for crimes of dishonesty or
violence in every county where the individual has resided or worked within the U.S. in the last
seven(7)years as stated on their application.
The Contractor shall send the City a separate invoice for the cost of the additional screenings
performed by its third party vendor. The City agrees to pay such invoice within thirty(30) days
of receipt.
33. RESUME CONFIDENTIALITY
City agrees to hold in confidence the identity of any Contractor candidate and the candidate's
resume,social security number and other legally protected personal information.
34. 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 Follow]
111Page
PSA Template—Revised 5/15/2019
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CITY OF
OOFF TIGARD BL,I ESUN INC
By; By:
r
�
Name: Irl � `� Vt-�f N� Name:
Title:
q Title: ��5
Date: j 2-491 Date: w
12Page
PSA Template—Revised 5/15/2019
EXHIBIT A
SERVICES TO BE PROVIDED
On-Call lob Descriptions:
The following job descriptions will be requested with the approval from the City's Human
Resources Department.
A. Clerical work(Admin Specialist I)
Performs a variety of routine office administrative support duties according to standard
procedures on behalf of designated professional, supervisory,managerial, or administrative
positions;performs basic word processing, data entry, and typing;prepares correspondence
using a standard format;interacts frequently with the public and explains City and/or
department policies and procedures,provides other information, or directs questions and
inquiries to the appropriate staff;and performs related work as required.
B. Flagger
Flags traffic and assists with traffic control functions during construction or maintenance
that takes place along or within the right away of city streets.
Cost will be determined upon candidate and job provided.
A purchase order referencing this Agreement will be required for any hired temporary position.
Contractor will include Purchase Order number on all invoices for the temporary person.
131Page
PSA Template—Revised 5/15/2019