Bell & Associates, Inc. ~ C200086 City of Tigard
CONTRACT CHANGE ORDER 13125 SW Hall Blvd.
ji
_ AMENDMENT SUMMARY Tigard,Oregon 97223
Phone- (503) 639-4171
• s FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www.tigard-or.gov
Project Title: Solid Waste Consulting Services Project Manager:John Goodrich
Contractor: Bell &Associates,Inc Original Contract#: C200086
Effective Dates: 3/19/2020—6/30/2020 Chane Order/Amendment Amount:
Accountin String: Amendment Percentage RunningTotal:
AMENDMENT DETAILS
2. Effective Date and Duration
This agreement shall become effective upon the date of execution, and shall expire,unless otherwise terminated or
extended,on completion of the work or June 30,''� 2021 whichever comes first. All work under this Agreement
shall be completed prior to the expiration of this Agreement.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPROVING ATY STAFF
Signature i nature
6117/2020
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
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 CaNTRACT
SOLID WASTE CONSULTING SERVICES
0200086
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Bell&Associates, Inc, hereinafter referred to as Contractor, entered into on the 19'' day of March
2020,is hereby amended as follows:
2. Effective Date and Duration
This agreement shall become effective upon the date of execution,and shall expire,unless otherwise terminated
or extended,on completion of the work or June 30 3 202I whichever comes first. All work under this
Agreement shall be completed prior to the expiration of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to b exe d y its duly authorized
undersigned officer and Contractor has executed this Amendment up signat e date listed below.
CITY OF TIGARD BELL& SSOC I
Signature Signature
Martha Wined Pcc�
Printed Name Printed N me
6/17/2020 [vrlJ v
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPANYEVERY CONTRACT
Contract Title: Solid Waste Consulting Services Number: C200086
Contractor: Bell&Associates, Inc. Contract Total: $8,640.00
Contract Overview: Contractor will provide solid waste consulting services.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Standard insurance clause included.
Risk Comments:
Risk Signature:
Contract Manager:John Goodrich Ext: 2609 Department: PW for FIS
Type: ® Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: 3/19/2020 End Date: 6/30/2020
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Bell &Associates,Inc. Direct AVpointment
Account String: Fund-Division-Account Work Order—Activit3:T3:12e Amount
FY 20 600-2000-54001 $8,640.00
FY
FY
FY
FY
Approvals - LCRB Date: Not required
Department Comments: Ok to go...
Department Signature: Joe Barrett
Purchasing Comments: OK
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 C200086
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
SOLID WASTE CONSULTING SERVICES
THIS AGREEMENT made and entered into this 19`i' day of March, 2020 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Bell & Associates, Inc.,
hereinafter called Contractor.
RECITALS
WHEREAS, the City's FY 19-20 fiscal year budget provides solid waste consulting services; 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 immediately 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 June 30,2020,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 Eight Thousand Six Hundred Forty
and No/100 Dollars ($8,640.00). Payments made to Contractor will be based 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 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 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 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.
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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 professional 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.
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.
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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 $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
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$2,000,000.
Coverage Limit
Aggregate, Per Accident $300,000
Per Person $100,000
Property Damage $100,000
At no point under this Agreement shall the Contractor transport any other persons as part of the
work. Insurance levels assume and require local driving only and Contractor shall not receive any
mileage compensation under this Agreement
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.
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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. Primary 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.
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.
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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:
ITY OF TIGARD L BELL&ASSOCIATES,INC.
Attn: John Goodrich/Toby LaFrance Attn: Chris Bell
Address: 13125 SW Hall Blvd Address: 1628 NW 33Yd Way
Tigard, OR 97223 Camas,Washington 98607
Phone: (503) 718-2609 Phone: (360) 210-4344
Email: iohng9tigard-or.gov Email: chriskbellassociatesinc.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.
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.
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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.
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 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 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.
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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, PAYE UITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference:
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.
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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. 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
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the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may
terminate the Agreement.
30. 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.
IN WITNESS WHEREOF, City and Contractor have caused this Agree to be executed by their duly
authorized officials.
CITY O TIGARD B LL & A O TES, INC.
Signature l Signature:
Name: Toby LaFrance Name:
Title: Finance and Information Services Director Title:
Date: 4/22/2020 Date: Z3�Zd
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EXHIBIT A
SCOPE OF SERVICES
Task 1: Review the prior year's detailed cost reports. Update the spreadsheet templates used for the analysis
of the submitted reports. Import hauler reports into the analysis template. Review the submitted reports for
completeness and any obvious errors. If corrections are needed, the impacted hauler will be notified and the
report will be modified. Once the initial review has been completed, the reports will be consolidated and a
summary report will be sent to the City's Program Manager.
Task 2: Each report will be analyzed using the following steps:
a) Using a predictive test of revenue, ensure the reported revenues are reasonable for the number of
reported hauls.
b) Using the reported Direct Cost line items (lines 22-54 on the annual report); determine if the expense
is reasonable in relation to the customer and operational data entered from the detailed cost report.
c) Determine if the reported disposal costs for waste is reasonable using a predictive test of disposal cost.
d) Using the reported G&A line items (lines 56-94 on the annual report); determine if the expense is
reasonable in relation to the customer data entered from the detailed cost report.
e) Perform additional analysis if necessary.
f) Compare current year results to the total company results as well as the prior year's results.
After the analysis of the reports has been completed, a list of possible adjustments and/or questions on the
reports will be sent to the hauler and the City's Program Manager. Each adjustment will be discussed with all
stakeholders prior to being posted to the composite.
Task 3: Report Reviewed Year Results
Once the adjustments have been posted, the adjusted financial results by service type will be compiled and
reported. The adjusted results are submitted to the Project Manager and the haulers.
Task 4: Compare the Drop Box / Roll Off Compactor Service Alternatives
Compare and contrast the current franchise system to a limited open market system similar to the City of
Gresham, and an open market system similar to the City of Portland. Consider the customer costs (rates),
levels and quality of service,rate transparency,City oversight, franchise reporting,and the elimination of drop
box services currently provided to the City under the franchise system.
Task 5: Compare the Status Quo of the City's Franchises System to Bidding Out Collection Services
Solicit input from City leaders on the potential issues of the current franchise system and what they think are
the advantages and disadvantages of the current system and what changes they think would be changes by
bidding out collection services.
The objective of Task 6 is to determine if changes are necessary to the current system and if they can be
implemented by the current service providers or if the City should let the current franchise agreement expire
and solicit bids for services in the future.
FY 2020 PSA—Solid Waste Consulting 111 Page
Task 6: Reporting the Results
Develop a summary of findings, conclusions, and recommendations based on work completed in the first
six tasks. The initial draft will be prepared for the City staffs review and input with the second draft
submitted to City officials and interested stakeholders.
Task 7: Presentation to City Council
The report findings will be summarized and presented to the City Council for review and consideration of
potential rate and/or system changes.
FY 2020 PSA—Solid Waste Consulting 12 1 Page