Capacity Commerical Group LLC ~ C210027 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C210027a2
Contract Start Date: 9/15/20 Contract End Date: 3/31/22
Contract Title: Real Estate Broker/Agent Service
Contractor Name: Capacity Commercial Group,LLC
Contract Manager: Shelby Rihala/Brian Rager
Department: PW
Contract Costs
Original Contract Amount: 0
Total All Previous Amendments: 0
Total of this Amendment: 0
Total Contract Amount: 0
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: { "� d
Comments: Zero cost agreement, compensation is paid by prospective seller. This amendment is time
extension only.
DocuSign Routing
Route for Signature Name Email Address
Contractor John Kohnstamm johnkcapacitycommercial.com
City of Tigard Steve Rymer stever&tigard-or.gov
Final Distribution
Contractor Jeff Valdes jeffvaldeskcal2acitycommercial.com
Project Manager Shelby Rihala shelb r ti ardor. ov
Project Manager Brian Rager brianr ti and-or. ov
Buyer Christine Moody christine ti and-or. ov
DocuSign Envelope ID: F28E5147-88C5-4668-98AA-C5B2B133CB9A
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT NUMBER 0210027
FOR
REAL ESTATE BROKER/AGENT SERVICES
AMENDMENT #2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Capacity Commercial,LLC,hereinafter referred to as Contractor,is hereby amended as follows:
1. This Agreement is hereby amended to extend the term from December 31, 2021 to March 31, 2022.
2. All other terms and conditions to remain unchanged.
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 CAPACITY COMMERCIAL GROUP
N.91c.c or �•e er:
Signature Signature
Steve Rymer John Kohnstamm
Printed Name Printed Name
12/22/2021 12/22/2021
Date Date
Rev.8/21
CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C210027/Amendment #1
Contract Start Date: 9/15/20 Contract End Date: 12 31 21
Contract Title: Real Estate Broker/Agent Services
Contractor Name: Capacity Commercial Group,LLC
Contract Manager: Shelby Rihala/Brian Rager
Department: PW
Contract Costs
Original Contract Amount: 0
Total All Previous Amendments:
Total of this Amendment: 0
Total Contract Amount: 0
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.015 C. Direct Appointment <=S20K
Solicitation Number: N/A
LCRB Date: N/A
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: N,i k4W�_ VmUr
Comments: Zero cost agreement, compensation is paid by prospective seller. This amendment is time
extension only.
DocuSign Envelope ID:66A30EBF-67A9-4747-89ED-592705F2752F
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
REAL ESTATE BROKER/AGENT SERVICES (#C210027)
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City,and Capacity Commercial Group,LLC,hereinafter referred to as Contractor, entered into on the 15`'day
of September, 2020,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on Maia '1z2`4December 31,
2021, unless otherwise terminated or extended. All work under this Agreement must be completed
prior to the expiration of this Agreement.
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 (CONTRACTOR)
DocuSigned by:
Signature Signa OC469311ABC420...
Steve Rymer John Kohnstamm
Printed Name Printed Name
04/05/2021 4/2/2021
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPAWEVERY CONTRACT
Contract Title: Real Estate Broker/Agent Services Number: C210027
Contractor: Capacity Commercial Group,LLC Contract Total: NO Fee Contract_
Contract Overview: Contract is to find a new property to purchase for the PW department.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Shelby Rihala Ext: 2579 Department: City Attorney
Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ® General Svc ❑ Coop Purchase
❑ Other: Start Date: 09/21/2020_End Date: 03/31/2021
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Capacity Commercial Group,LLC Direct Appt
Account String: Fund-Division-Account Work Order—Activit3:T3:12e Amount
FY
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.
DocuSign Envelope ID:353604D7-71FO-48OB-A005-23BBE2D886A4
Contract Number C210027
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
REAL ESTATE BROKER/AGENT SERVICES
THIS AGREEMENT made and entered into this 15`i' day of September 2020 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Capacity Commercial
Group,LLC,hereinafter called Contractor.
RECITALS
WHEREAS, the City's FY 2020-2021 fiscal year budget provides for real estate broker 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 March 31, 2021, unless
otherwise terminated or extended. All work under this Agreement must be completed prior to the
expiration of this Agreement.
3. COMPENSATION
Any compensation to Contractor for services rendered will be paid by the prospective Seller,and there
is to be no charge to the City unless otherwise agreed to in writing.
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.
DocuSign Envelope ID:353604D7-71FO-480B-A005-23BBE2D886A4
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.
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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 $2,000,000.
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 $2,000,000.
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.
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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. 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
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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 NOTICES
All notices will be made in writing and may be given by personal delivery, mail, or by email. The
following addresses will be used to transmit notices and other information:
CITY OF TIGARD CAPACITY COMMERCIAL GROUP,LLC
Attn: Shelby Rihala Attn: John Kohnstamm
Address: 13125 SW Hall Blvd Address: 805 SW Broadway, Suite 700
Tigard, OR 97223 Portland, Oregon 97205
Phone: (503) 718-2579 Phone: (503) 326-9000
Email: she1byrk1igard-or.gov Email: johnkohnstammkcapacitycommercial.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.
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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.
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.
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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 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:
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;
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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)
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.
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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.
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 Agreement to be executed by their duly
authorized officials.
CITY OF TIGARD CAPACITY COMMERCIAL GROUP,LLC
DocuSignedby:
5
-Signature: Si nature: wtut.S am KA
20C469311 ABC420...
Name: Martha Wine Name: John Kohnstamm
Title:
City Manager Title: Principal
Date: 9/21/2020 Date: 9/21/2020
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EXHIBIT A
SERVICES TO BE PROVIDED
Contractor will provide real estate consulting and brokerage service for the City of Tigard. Under this work
the Contractor shall effectively serve as the City's Agent to purchase a suitable space for a new Public Works
Facility or Yard. Contractor does not have any capacity to commit the City to any agreement without the
City's explicit written authorization.
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