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St. Vincent De Paul ~ C210052 CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C210052a4 Contract Start Date: 01/04/2021 Contract End Date: 12/31/2023 Contract Title: Utility Billing Financial Aid Contractor Name: St. Vincent De Paul Contract Manager: Eric Kang Department: FIS/UB Contract Costs Original Contract Amount: $2,500.00 Total All Previous Amendments: $2,000.00 Total of this Amendment: n/a Total Contract Amount: $4,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 70.015 C. Direct Appointment <=$20K Solicitation Number: n/a LCRB Date: n/a Account String: Fund-Division-Account Work Order – Activity Type Amount FY Contracts & Purchasing Approval Purchasing Signature: Comments: Update end date DocuSign Routing Route for Signature Name Email Address Contractor Julie Le Juliele57@gmail.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Julie Le Juliele57@gmail.com Project Manager Eric Kang Eric.kang@tigard-or.gov Project Manager Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C210052a3 Contract Start Date: 01/04/2021 Contract End Date: 06/30/2023 Contract Title: Utility Billing Financial Aid Contractor Name: St. Vincent De Paul Contract Manager: Eric Kang Department: FIS/UB Contract Costs Original Contract Amount: $2,500.00 Total All Previous Amendments: $2,000.00 Total of this Amendment: n/a Total Contract Amount: $4,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 70.015 C. Direct Appointment <=$20K Solicitation Number: n/a LCRB Date: n/a Account String: Fund-Division-Account Work Order – Activity Type Amount FY Contracts & Purchasing Approval Purchasing Signature: Comments: Update Scope of Services DocuSign Routing Route for Signature Name Email Address Contractor Julie Le Juliele57@gmail.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Julie Le Juliele57@gmail.com Project Manager Eric Kang Eric.kang@tigard-or.gov Project Manager Buyer Marcos Campos Marcos.campos@tigard-or.gov CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C210052a1 Contract Start Date: 1/4/21 Contract End Date: 6/30/22 Contract Title: Utility Billing Financial Aid Contractor Name: St.Vincent De Paul Contract Manager: Saul Department: FIS UB Contract Costs Original Contract Amount: $2,500.00 Total All Previous Amendments: 0.00 Total of this Amendment: $2,000.00 Total Contract Amount: $4,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: N/A Account String: Fund-Division-Account Work Order—Activity Type Amount FY 22 530-6500-54402 $2,000.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: C Wk Comments: This is a pass through contract for UB Aid, City only pays administrative fee. CITY OF TzGARn,OREGON AMENDMENT To CONTRACT C210052 AMENDMENT#1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and St. Vincent De Paul, hereinafter referred to as Contractor, entered into on the 4th day of January, 2021,is hereby amended as follows: 1. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on june W, 29221,June 30, 2022 unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 2. COMPENSATION The City agrees to pay Contractor in accordance with the fee outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed 399:88$4,500.00. 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. b. Payments for distribution of funds for financial aid assistance will be made in$10,000 increments up to $58,999 $90,000 upon request of Contractor. Contractor has already received x$;998 $50,000 of the$59;998$90,000 available for this contract term. C- Payment in full of the Administrative Fee 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 Contractor's employees pursuant to ORS 316.167. g. If Contractor fails,neglects,or tefuses to mare 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. h. Contractor will promptly, as due, make payment to any person, co-partnership, association, or corporation, fim-)-ishing 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. i. Contractor and its employees, if any, are not acture 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. j. 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. k. 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. 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 ST.VINCENT DE PAUL S_(_ �J signature", ' S a e Steve Rymer Lk i Printed Name Printed Name 07/06/2021 —7—& , Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUSTACCOMPANYEVERY CONTRACT) Contract Title: Utility Billing Financial Aid Number: C210052 Contractor: St. Vincent De Paul Contract Total: $2,500 Contract Overview: Distribute money in billing financial aid assistance to TWSA customers and customer affected by COVID-19. Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager:Tared Isaksen Ext: 2425 Department: FIS Type: ® Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ❑ Other: Start Date: End Date: Quotes/Bids/Proposal: FIRM AMOUNT/SCORE N/A Account String: Fund-Division-Account Work Order—Activity Tie Amount FY 21 530-6500-54402 $2,500.00 FY FY FY FY Approvals - LCRB Date: N/A 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 C210052 CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT UTILITY BILLING FINANCIAL.AID THIS AGREEMENT made and entered into this 4th day of January 2021 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and the Society of 5t_ Vincent De Paul, Tigard Conference, an Oregon nor,.-profit corporation, hereinafter called Contractor. RECITALS WHEREAS, the City provides utility billing financial aid assistance to Tigard Water Service Area C'TWSA'} customers experiencing economic hardship or other factors affecting their ability to pay their Tigard utility bill in full, WHEREAS, the City provides utility services to TWSA, which includes the City of Durham, City of King City, and Tigard Water District (representing Unincorporated Washington County) under authority of ORS Chapter 190. The City collects fees and charges for the services provided through utility bailing on a frequent basis, WHEREAS, the Contractor is a nonprofit charitable organization granted authority as a tax exempt qualified IRS 501c3 corporation operating within Washington County,Oregon. Contractor provides various food and financial assistance to the Tigard area through charitable donations,and WHEREAS, in order to facilitate impartial judgment regarding customer's need, reduce City staff time associated with delinquent account notifications and shut off activities, and provide information to customers regarding financial aid or assistance for their utility payments, the Parties wish to enter into this Agreement. 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, 2021, 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 outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed 32,500.00. 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. b. Payments for distribution of funds for financial aid assistance will be made in $10,000 increments up to $50,000 upon request of Contractor. Contractor has already received $20,000 of the $50,000 available for this time period. c. Payment in full of the Administrative Fee by City releases City from any farther 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 he 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 Contractor's employees pursuant to ORS 316.167. g. 7f Contractor fails, neglects, or refuses to make prompt payment of any clam 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, h. Contractor will promptly, as due, make payment to any person, copartnership, association, 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. i. 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. j. 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 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. k. 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. Ll ,`C 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 parry has consented. If City agrees to assignment of tasks to a subcontractor, 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. 'Me 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 (froze. 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. $. INDEMNIFICATION 31Pa,, .. 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 workers 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. Corn nercial 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: CoverMe Limit General Aggregate $2,000,000 Each Occurrence $1,000,000 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 41 ? a;;c "occurrence" form. The Combined Single Limit per occurrence may not be less than $1,000,000- 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 roust comply with QRS 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 $500,000 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 Ratln� 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 5 1 P 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 OR ContractsPurchasin ti aid-or. civ 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: CITY OF TIGARD ST.VINCENT DE PAUL Attn:Jared Isaksen Atte:Julie Le Address: 13125 SW Hall Blvd Address: 9905 SW McKenzie Street T' d, OR 97223 Liprd, OR 97223 Phone: (501718-2425 Phone: 503 476-6789 Email: 'arediL&ti�gd-or.�ov Email: juhcic57@,gmad.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 6 jvx :' aat. e 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 trade 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 te1niinates 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: l) 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 Conttactor. 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 71naz _ with its terms, and after receipt of written notice from City, faits 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 bereunder 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-WAWER 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 9 1 P _ 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 OAS 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 requited 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, attd all other applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. 21. ERRORS 91Pa e Contractor will perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 22. EXTRA CHANGES WORK Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. 23. 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 parry is responsible for that party's own attorney fees,expenses, costs and disbursements for the action, suit,proceeding,or appeal. 2S. 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. 2s. 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 101P ,1gt 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 terra of this Agreement is a default for which the City may tern inate 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 5T.VINCENT DE PAUL,TIGARD CONFERENCE Natue: Toby LaFranee Name: Title: Finance and Information Services Director Title: 7,,e51 Date: 1/27/2021 Date: l 11 � Pa� i EXHIBIT A SERVICES TO BE PROVMEII I. PURPOSE The purpose of this project is to distribute up to $50,000.00 in billing financial aid assistance to TWSA customers and additional assistance for customers affected by COVTD-19. $20,000.00 of the $50,000.00 has already been received by the contractor. II. CONTRACTOR RESPONSIBILITIES Contractor will perforin the following: A. Fairly and equitably administer and distribute financial aid assistance for billed utility collections for customers of the TWSA. B. Provide a non-discriminatory,reasonable financial means test for determining assistance eligibility,which assures the confidentiality of individuals receiving assistance,including from City staff.This may include an income assessment test. Because City is not involved mi the determination of eligibility requirements,Contractor will hold harmless City regarding any claim or liability arising out of or related to such determination. C. Provide to City,at least quarterly,a detailed report showing the number of customers who received assistance,dollar amounts expended, fund balances, and administrative costs associated with assistance.Additionally,during the time the City's emergency declaration :related to COVID-19 is in effect and Contractor is providing additional assistance for customers affected by COV-ID-19 {"COVID Assistanee'�,Contractor will provide to City a monthly detailed report showing the number of customers who received assistance,dollar amounts expended, fund balances,and administrative costs. D_ Receive and administer the collection of public and private donations designated for TWSA customer assistance.Contractor may withhold 5%of such donations for administrative expenses. E. Follow generally accepted organizational practices and accounting procedures regarding the distribution of financial assistance or aid funds provided by City_ III, CITY RESPONSIBILITIES City will provide the following. A. Make available to Contractor the community contributions finds budgeted to City. Funds will be made available in July for assistance during that fiscal year. B. Pay to Contractor a five percent t50/6) administrative fee to cover costs associated with the administration of this program. C. Consider a request from Contractor in the event the funds allocated by City are exhausted prior to the end of the fiscal year.Notwithstanding,City is under no obligation to provide additional furzding and all funding is budget-based and approved by City Council. IV. MINIMUM PROGRAM ELIGIBILITY In order to be eligible to receive financial assistance, an individual or family ("Customer") must meet the following minimum qualifications, in addition to any further eligibility requirements established by Contractor: A. A customer may not receive program assistance for more than three months within a rolling 12-month period.Notwithstanding,for COV ID Assistance,a customer may receive 121Pagc program assistance each month until June 30,2021. B. Only individuals or families within the TWSA are eligible customers.Multiple family units or businesses are ineligible for the program assistance. V. PROGRAM RESTRICTIONS Customers receiving assistance through the program must comply with the following requirements: A. The maximum amount of assistance per Customer is limited to$200.00 per month,except for COVID Assistance which is limited only by City's availability of program finding. B. Customers may use financial assistance to make payments toward credit for leak adjustments as described in the City Utility Services Practices and Procedures. 131Page