Tiberius Solutions, LLC ~ C220026
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C220026a1
Contract Start Date: 01/01/2022 Contract End Date: 06/30/2024
Contract Title: Tax Increment Financing On-Call Services
Contractor Name: Tiberius Solutions, LLC
Contract Manager: Sean Farrelly
Department: CD
Contract Costs
Original Contract Amount: $10,000.00
Total All Previous Amendments: n/a
Total of this Amendment: $6,840.00
Total Contract Amount: $16,840.00
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 24 940-9000-54001 $6,840.00
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:
DocuSign Routing
Route for Signature Name Email Address
Contractor Nick Popenuk popenuk@tiberiussolutions.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Nick Popenuk popenuk@tiberiussolutions.com
Project Manager Sean Farrelly sean@tigard-or.gov
Project Manager
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C220026
Contract Start Date: 1 1 22 Contract End Date: 6/30/24
Contract Title: Tax Increment Financing On-Call Services
Contractor Name: Tiberius Solutions,LLC
Contract Manager: Sean Farrelly
Department: CD
Contract Costs
Original Contract Amount: $10,000.00
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: $10,000.00
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 22 940-9000-54001 $3,000.00
FY 23 940-9000-54001 $3,000.00
FY 24 940-9000-54001 $4,000.00
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: mix*k�` r
Comments:
DocuSign Routing
Route for Signature Name Email Address
Contractor Nick Popenuk popenuk e,tiberiussolutions.com
City of Tigard Steve Rymer stever(cr�,tigard-or.gov
Final Distribution
Contractor Nick Po enuk o penuk@tiberussolutions.com
Project Manager Sean Farrelly sean o tigard-or.gov
-Buyer Christine Moody christine@tigard-or.gov
DocuSign Envelope ID:AF99314A-01 86-47BD-A2D0-5EA1 OD846674
Contract Number C220026
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
TAX INCREMENT FINANCING ON-CALL SERVICES
THIS AGREEMENT made and entered into by and between the City of Tigard, a municipal
corporation of the State of Oregon, hereinafter called City, and Tiberius Solutions, LLC, hereinafter
called Contractor.
RECITALS
WHEREAS, the City's 2022 fiscal year budget provides for services related to financial consulting;
and
WHEREAS, City has need for the services of a company with ability, knowledge, and experience
possessed by Contractor;and
THEREFORE, the Parties agree as follows:
1. EFFECTIVE DATE/CONTRACT TERM
The term of this Agreement is effective on January 1, 2022 or upon the date this Agreement
is fully executed by both parties, whichever is later, and expires on June 30, 2024, unless
otherwise terminated or extended. All work under this Agreement must be completed prior
to the expiration of this Agreement.
2. SERVICES TO BE PROVIDED
The nature, scope,and performance characteristics,and scope of the services and the required
time specifications for Contractor's performance under this Agreement are set forth in Exhibit
B,incorporated herein by reference.
3. COMPENSATION
The City agrees to pay Contractor for satisfactorily-completed services in accordance with the
rates outlined in Exhibit B. The total amount paid to the Contractor by the City may not
exceed$10,000.00 without a written contract amendment signed by authorized representatives
of both parties.
4. PAYMENTS
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 and not more
frequently than monthly. Unless otherwise agreed, payment will be made only for work
actually completed as of the date of invoice.
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C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
D. 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
5. 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 TIBERIUS SOLUTIONS,
Attn: Sean Farrelly Attn: Nick Popenuk
Address: 13125 SW Hall Blvd Address: 8856 SW 35`'Ave
Tigard, OR 97223 Portland, OR 97219
Phone: (503) 718-2420 Phone: (503) 740-0501
Email: sean@tigard-or.gov Email: popenuk@tiberiussolutions.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.
6. ANNUAL RATE ADJUSTMENTS
Contractor may request a rate adjustment no more frequently than annually for the ensuing
one-year period beginning on an anniversary of the Effective Date to reflect actual increases
in Contractor's cost to perform the services. Request must be in writing and include backup
documentation establishing the actual increases in cost. In no event will the rate adjustment
be more than the percentage change during the preceding year in the Consumer Price Index
for All Urban Consumers (CPI-U), U.S. City Average, not seasonally adjusted, all items,
published by the U.S. Department of Labor. Any request for a rate adjustment must be
submitted to the City no less than (30) calendar days prior to the anniversary of the Effective
Date.
7. PERMISSIVE COOPERATIVE PROCUREMENT ALLOWED
Other public contracting agencies may establish contracts or price agreements under the terms,
conditions and prices of this Agreement. Contractor agrees to extend the terms, conditions
and prices of this Agreement to any purchasing contracting agency, as that term is defined at
ORS 279A.200(1)(h). Contracts or price agreements between Contractor and other
purchasing contracting agencies are entirely independent of and have no effect on this
Agreement.
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8. OWNERSHIP OF WORK PRODUCT
The 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. 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.
9. 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.
10. REPRESENTATIONS AND WARRANTIES
In addition to other representations and warranties set forth in this Agreement, Contractor
represents and warrants to the City that the services will be performed in accordance with the
same professional skill,care,diligence, standards,and generally accepted professional practices
as other professionals performing the same or similar services in the same or similar localities
under similar conditions. Neither acceptance of the work nor payment therefore relieves
Contractor from liability under warranties contained in or implied by this Agreement.
Contractor is familiar and will comply with all federal, state, and local laws, regulations,
executive orders, and ordinances applicable to the performance of the work under this
Agreement.
11. 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.
12. 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
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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.
13. 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.
14. 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.
15. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this Agreement. 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.
A. Standard Coverage.The policy or policies of insurance maintained by the Contractor must
provide at least the limits and coverages in Exhibit A of this Agreement. 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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B. Workers' Compensation. The Contractor, its subcontractors, if any, and all employers
providing work,labor,or materials under this Agreement 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Cross-Liability Clause. A cross-liability clause or separation of insureds clause will be
included in the general liability policy required by this Agreement.
H. Certificates of Insurance. As evidence of the insurance coverage required by the
Agreement, Contractor will furnish a Certificate of Insurance to the City. No Agreement
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 Agreement
and include a copy of Additional Insured Endorsement (other than Workers'
Compensation and Professional Liability). All certificates, including renewals are
forwarded to: contractspurchasinggti�ard-or.gov
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16. 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.
17. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph(A)will be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement or fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
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.
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18. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
19. STATUTORILY REQUIRED PROVISIONS
A. Contractor will pay to the Department of Revenue all sums withheld from employees
[Required by ORS 316.167].
B. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor in the performance of this Agreement. [Required by
ORS 279B.220(2)]
C. As a condition of this Agreement, Contractor will make payment promptly, as due, to all
persons supplying labor or materials for the performance of the work provided for in
this Agreement. [Required by ORS 279B.220 (1)]
D. In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
i. 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.
ii. 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.
iii. 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.
iv. 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.
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. [Required by ORS 279B.220 (3)]
F. 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
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terminate this Agreement and seek damages and other relief available under the terms of
this Agreement or applicable law. [Required by ORS 279B.045]
G. 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. [Required by
ORS 279B.230 (1)]
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, Contractor is liable for the amount of the unpaid overtime wages and in an additional
amount equal to the unpaid overtime wages as liquidated damages. [Required by ORS
279B.020 (9)]
20. MISCELLANEOUS PROVISIONS
A. 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.
B. 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.
C. Business License. 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't expiration date. New businesses operating
in Tigard after June 30`' of the current year will pay a pro-rated fee through the end of the
calendar year.
D. Electronic Signatures. City may use Electronic Signatures as defined in the Electronic
Signatures in Global and National Commerce Act. Under ORS 84.014. Contractor's
consent is not required for this Agreement to be executed using Electronic Signatures.
Even if ORS 84.014 is determined to be inapplicable or invalid, Contractor grants such
consent.
E. Retirement System. 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.
F. 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
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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.
21.ACCESS TO RECORDS
Contractor shall maintain all records relating to this Agreement for three (3) years after final
payment. The City may examine,audit and copy Contractor's books,documents,papers, and
records relating to this Agreement at any time during this period upon reasonable notice.
Copies of these records must be made available upon request. Payment for the reasonable
cost of requested copies will be made by the City.
22.AUDIT RIGHTS
The City may conduct financial and performance audits of the billings and services specified
in this Agreement at any time in the course of the Agreement and during the three (3) year
period established by Section 22 of this Agreement. Audits will be conducted in accordance
with generally accepted auditing standards as promulgated in Government Auditing Standards
by the Comptroller General of the United States Government Accountability Office. If an
audit discloses that payments to Contractor exceed the amount to which the Contractor was
entitled, the Contractor will repay the amount of the excess to the City.
23. 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.
24. 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.
25. 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:
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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.
26. MERGER; MODIFICATION
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.
27. 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.
28. 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.
29. CONFLICT BETWEEN TERMS
Any exhibits, schedules or other attachments referenced in this Agreement are part of this
Agreement. In the event of conflict between a provision in the main body of the Agreement
and a provision in the exhibits, schedules or other attachments, the provisions in the main
body of the Agreement will control.
[signature page follows]
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IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CI 0PsMAvRD TIBERI ,TaQNS,LLC
Lsfwt �Mw M& Papwuk
B 5134F6F5622D4C9... B �SSGSnnFnreGo
Steve Rymer Nick Popenuk
Name: Name:
Title: city Manager Title: President
1/4/2022 12/16/2021
Date: Date:
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EXHIBIT A
PERSONAL SERVICES CONTRACT
STANDARD INSURANCE REQUIREMENTS
1. COMMERCIAL GENERAL LIABILITY INSURANCE. Contractor will obtain, at Contractor's
expense,and keep in effect during the term of this Agreement,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 Agreement.
❑ Not required.
COMMERCIAL GENERAL LIABILITY INSURANCE with limits of not less than:
® $1,000,000/$2,000,000
❑ $2,000,000/$3,000,000
❑ Other: $ each occurrence/aggregate for Bodily Injury and Property Damage.
❑ ADDITIONAL INSURED ENDORSEMENT not required.
2. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. Contractor must also obtain, at
Contractor's expense, and keep in effect during the term of the Agreement, commercial Automobile
Liability coverage including coverage for all owned, hired, and non-owned vehicles on an "occurrence"
form.
® Not required. Driving is not included in the scope of work for this Agreement and the City will not
reimburse for any travel expenses.
AUTOMOBILE LIABILITY INSURANCE with a combined single limit, or the equivalent of not less
than:
❑ No requirement in excess of that provided for under state law.
❑ $2,000,000
❑ Other: $ each accident for Bodily Injury and Property Damage.
If Contractor uses a personally-owned vehicle for business use under this Agreement, the Contractor will
obtain at Contractor's expense,and keep in effect during the term of the Agreement,business automobile
liability coverage for all owned vehicles on an "occurrence" form with a combined single limit, or the
equivalent of not less than:
❑ No requirement in excess of that provided for under state law.
❑ $2,000,000
❑ Other: $ each accident for Bodily Injury and Property Damage.
❑ ADDITIONAL INSURED ENDORSEMENT not required.
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3. PROFESSIONAL LIABILITY INSURANCE
® Not required.
PROFESSIONAL LIABILITY INSURANCE with a combined single limit,or the equivalent,of not
less than:
❑ $1,000,000/$3,000,000
❑ $2,000,000/$4,000,000
❑ Other: $ each occurrence/aggregate to cover damages caused by error,omission or
negligent acts related to the professional services to be provided under this Agreement.
® ADDITIONAL INSURED ENDORSEMENT not required.
4. OTHER COVERAGE REQUIRED
❑ EMPLOYEE DISHONESTY AND MONEY AND SECURITIES INSURANCE with a
Emit of not less than $ to cover Theft, Disappearance and Destruction of cash or
negotiable securities in the care, custody or control of the contractor for City or on behalf of City
clients.
❑ CYBER LIABILITY INSURANCE with limits of not less than$ to cover first party
data breach forensic examination/investigation expenses,liability for claims or losses that result
from breach of security or protected data,losses for first party damage to networks or other
digital assets,losses for first-party business interruption, costs of regulatory investigations,and
regulatory fines and/or penalties including but not limited to PCI-DSS fines,penalties and
assessment.
❑ PHYSICAL ABUSE AND MOLESTATION INSURANCE with limits of not less than
$ to cover actual or threatened physical abuse,mental injury,sexual molestation,or negligent
employment, supervision,investigation,reporting to proper authorities or retention of any person
for whom the Contractor is responsible for, including but not limited to Contractor and
Contractor's employees and volunteers. Coverage can be provided by a separate policy or as an
endorsement to the general or professional liability policies.
❑ OTHER (describe coverage and limits):
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EXHIBIT B
GENERAL SCOPE OF SERVICES
1. TASKS
Contractor will provide as needed services in the following areas:
• Update tables showing impacts to taxing districts for annual Financial Impact Report.
• Provide on-call Tax Increment Finance (TIF) district consulting services.
2. COST/RATE ESTIMATES
Services billed on a time and expense basis as follows:
Name Title Hourly Rate
Nick Popenuk Project Director $160.00
Ali Danko Project Manager $110.00
Rob Wyman Spatial Analyst $110.00
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EXHIBIT C
CONTRACTOR COVID-19 VACCINATION ATTESTATION
City of Tigard Personnel Policy 80.0 COVID-19 Vaccination Requirement requires contractors must
be full vaccinated for the COVID-19 virus or have a documented medical or religious exemption if
the contractor personnel will (a) physically interact with Tigard staff or members of the public on
behalf of the City in the course of performing work under the contract or (b) provide goods or
perform services on-site at City buildings.
If you are unsure whether the vaccination requirement applies to you, please contact your Tigard
contract administrator/project manager to discuss further.
By signing this form,I certify and attest to the following:
® I am authorized to sign this certification on behalf of contractor and am authorized to legally
bind contractor.
® Contractor will not allow any unvaccinated employees,workers, or agents of the organization
to perform any services or provide goods pursuant to this City of Tigard contract where such
work includes (a) physically interacting with Tigard staff or members of the public on behalf
of the City in the course of performing work under this contract or (b) provide goods or
perform services on-site at City buildings.
® Contractor will ensure that any employees,workers, or agents of the organization engaged in
work pursuant to this contract will adhere to any and all of the City's health and safety
guidelines for the location where the work is performed, including wearing face coverings,
distancing from others, and isolating or quarantining if exposed to or contracting COVID-19.
® Contractor understands and agrees that failure to comply with these requirements,which are
hereby incorporated by reference as part of the terms and conditions in the Agreement, may
result in the termination of contract for default.
Nick Popenuk
Print Name
12/16/2021
Date
DocuSig ned by:
C0155ESDA6AE4E9...
Signature
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