Decisions Decisions Contract# i oq
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CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on this 20`t' day of November, 2006, by and between
the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and
Decisions Decisions, hereinafter called Consultant, collectively hereinafter called the Parties.
RECITALS
The City has the need for the services of a company with a particular training, ability, knowledge,
and experience possessed by Consultant, and
The City has determined that Consultant 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:
SCOPE OF WORK
Consultant shall initiate services on upon receipt of the City's notice to proceed along with an
executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit A
— Scope of Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless
otherwise terminated or extended, on December 31, 2007. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
COMPENSATION
The City agrees to pay Consultant an hourly rate of One Hundred Seventy Five and No/100 Dollars
($175.00) for their services under this agreement. Payment shall be based solely upon the hourly
rates and the total hours estimated for each phase of training shall be agreed upon by City and
Consultant prior to any initiation of services. The total amount paid over the life of this Agreement
shall not exceed Ten Thousand and No/100 Dollars ($10,000.00)
Payment will be made based on Consultant's invoice, subject to the approval of the City's Contract
Manager for the project, and not more frequently than monthly. Payment shall be payable within
thirty(30) days from the date of receipt by the City.
CONSULTANT As INDEPENDENT CONSULTANT
Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall be
deemed to be an independent Consultant as defined by ORS 670.600 and not an employee of City,shall
not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely
responsible for all payments and taxes required by law. Furthermore, in the event that Consultant is
found by a court of law or any administrative agency to be an employee of City for any purpose, City
shall be entitled to offset compensation due, or to demand repayment of any amounts paid to
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Consultant under the terms of this Agreement, to the full extent of any benefits or other remuneration
Consultant 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 Consultant or to a third pan)) as a result of said finding.
Consultant acknowledges that for all purposes related to this Agreement, Consultant is not an officer,
employee,or agent of the City as those temps are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement to enter
into this Agreement. Consultant wan-ants that all 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 Consultant's work by City shall not
operate as a waiver or release.
Consultant and City agree to indemnify and defend the other, and the other's officers, agents and
employees 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 and (at both trial and
appeal level, whether or not a trial or appeal ever takes place) incurred by the party being indemnified
resulting from the indemnifying party's acts (or failure to act when action is appropriate) that may be
asserted by any person or entity which in any way arise from or relate to this Agreement or the
performance of obligations under this agreement, except liability arising out of the sole negligence of
the party being indemnified. The indemnification by Consultant of the City shall also cover claims
brought against the City under state or federal worker's compensation laws. If any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this indemnification.
INSURANCE
Consultant shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Consultant's
activities or work hereunder. The policy or policies of insurance maintained by the Consultant shall
provide at least the following limits and coverages:
a. Business Automobile Liability Insurance
If Consultant will be delivering the goods, Consultant shall provide City a certificate indicating
that Consultant has business automobile liability coverage for all owned, hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said
insurance shall name City as an additional insured and shall require written notice to City thirty
(30) days in advance of cancellation. If Consultant hires a carrier to make delivery, Consultant
shall ensure that said carrier complies with this paragraph.
b. Workers' Compensation Insurance
The Consultant and all employers providing work, labor or materials under this Contract that
are either subject employers under the Oregon Workers' Compensation Law and shall comply
with ORS 656.017, which requires them to provide workers' compensation coverage that
satisfies Oregon law for all their subject workers or employers that are exempt under ORS
656.126. 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. Consultants who perform work without the assistance or labor of any employee need not
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obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of
not less than$500,000 each accident.
c. Insurance Carrier Ratine
Coverages provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
camer(s) with an unacceptable financial rating.
d. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall furnish
a Certificate of Insurance to the City. No contract shall be effected until the required
certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any
damage,injury,or loss caused by negligence or neglect connected with this contract.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and maybe given by personal delivery, mail,
or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following
addresses and contacts shall be used to transmit notices, bills,payments,and other information:
City of Tigard Decisions Decisions
Attn: Craig Prosser, City Manager Ann: Joe Hertzberg
13125 SW Hall Blvd. 3115 NW Thurman
Tigard, Oregon 97223 Portland,Oregon 97210
Phone: (503) 639-4171 ext. 2486 Phone: (503) 226-3656
Fax: (503) 684-7297 Fax: (503) 241-0770
Email Address: craig u.tigard-or.gov Email Address: (insert address)
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 31" day of
December, 2007 or prior to the expense of all funds allocated to this agreement, sixty (60) days
written notice to the other parry prior to the date termination shall take effect. There shall be no
penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay
Consultant for services rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Consultant
which result from this Agreement,including any computations,plans,correspondence or pertinent data
and information gathered by or computed by Consultant prior to termination of this Agreement by
Consultant or upon completion of the worm pursuant to this Agreement.
GOVERNING LAW
Consultant shall comply with all applicable federal,state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
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marital status, age, medical condition or disability. The provisions of this Agreement shall be
construed in accordance with the provisions of the laws of the State of Oregon. All provisions required
by ORS Chapter 279 to be included in a contract of this type are incorporated into this Agreement as
though fully set forth herein. Any action or suits involving any question arising under this Agreement
must be brought in the appropriate court of the State of Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable,Consultant must make payment promptly as due to persons supplying Consultant labor
or materials for the execution of the worm provided by this order. Consultant must pay all contributions or
amounts due from Consultant to the Industrial Accident Fund incurred in the performance of this order.
Consultant shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of
City on account of any labor or material to be furnished Consultant further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,
consent, modification, or change of terms of this Agreement shall bind either parry unless in writing
and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this Agreement. Consultant, by the
signature of its authorized representative, hereby acknowledges that he/she has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD DECISIONS D
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By: Auth rized City Staff By o Ag of Consultant
Date Date La
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EXMsiT A
SCOPE OF WORK
Contractor shall provide consulting and training services to the Tigard City Counsel as needed. A
detailed scope of services shall accompany each requested session/phase along with a estimated
number of hours,and therefore cost,required for each session or phase.
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DECISIONS
DECISIONS
Scope of Work
Prepared for: Tigard City Council
Project: Facilitation of Teambuilding Workshop for Management Team
Decisions Decisions shall perform the following services:
1 . Meet with Management Team to analyze current situation
2. Facilitate workshop for Management Team on December 13, 2006
3115 NW Thurman • Portland, OR 97210 • 503-226-3656
SAFECO INSURANCE COMPANY OF OREGON
AUTOMOBILE POLICY DECLARATIONS
(CONTINUED)
NAMED INSURED: POLICY CHANGE
JOSEPH HERTZBERG CHANGED EFFECTIVE: SEPT 27 2006
3115 NW THURMAN ST POLICY PERIOD FROM: AUG. 7 2006
PORTLAND OR 97210-1944 TO: FEB. 7 2007
at 12:01 A.M. standard time at
the address of the insured as
AGENT: stated herein.
GALES CREEK INS. SERVICES,INC. AGENT TELEPHONE:
UNION STATION (503) 227-0491
800 NW 6TH, SUITE #335
PORTLAND OR 97209-3700
ALL DRIVERS JOSEPH HERTZBERG, NANCY HERTZBERG, ANNA HERTZBERG, SARA HERTZBERG
IN HOUSEHOLD
RATED DRIVERS JOSEPH HERTZBERG, NANCY HERTZBERG, ANNA HERTZBERG, SARA HERTZBERG
2003 VOLKSWAGEN PASSAT GLX 4 DOOR STATION WAGON ID# WVWWH63B13E009879
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
LIABILITY:
BODILY INJURY $500,000 5 273.70
Each Person
$500,000
Each Occurrence
PROPERTY DAMAGE $100,000 128.70
Each Occurrence
PERSONAL INJURY 49.20
PROTECTION
UNINSURED AND UNDERINSURED MOTORISTS:
BODILY INJURY $500,000 61.20
Each Person
$500,000
Each Accident
COMPREHENSIVE Actual Cash Value 36.60
Less $250 Deductible
COLLISION Actual Cash Value 262.70
Less $250 Deductible
ADDITIONAL COVERAGES:
TOWING & LABOR 5.00
LOSS OF USE 550 Per Day/51500 Max 25.00
® ----------
TOTAL $ 842.10
Emma
® TOTAL EACH VEHICLE: 1995 INFI 5 1,026 .30
® 2000 HOND 1,063.90
2003 VOLK 842.10
TOTALPREMIUM FOR ALL VEHICLES . . . ...... . . .. . . . .. . .. . . . . .. .. . .. . . . . .. . . .. $ 2,932.30
_
-CONTINUED-
P 0 BOX 34920, SEATTLE, WA 98124
SA-1697/EP 9/90 Page 2 of 3 DATE PREPARED: SEPT 30 2006
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SAFECO INSURANCE COMPANY OF OREGON
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED: POLICY CHANGE
JOSEPH HERTZBERG CHANGED EFFECTIVE: SEPT 27 2006
3115 NW THURMAN ST POLICY PERIOD FROM: AUG. 7 2006
PORTLAND OR 97210-1944 TO: FEB. 7 2007
at 12:01 A.M. standard time at
the address of the insured as
AGENT: stated herein.
GALES CREEK INS. SERVICES,INC. AGENT TELEPHONE:
UNION STATION (503) 227-0491
800 NW 6TH, SUITE #335
PORTLAND OR 97209-3700
ALL DRIVERS JOSEPH HERTZBERG, NANCY HERTZBERG, ANNA HERTZBERG, SARA HERTZBERG
IN HOUSEHOLD
RATED DRIVERS JOSEPH HERTZBERG, NANCY HERTZBERG, ANNA HERTZBERG, SARA HERTZBERG
1995 INFINITI G20 4 DOOR SEDAN ID# JNKCPOID2ST527239
2000 HONDA S2000 2 DOOR CONVERTIBLE ID# JHMAP1142YTOO6009
LOSS PAYEE FOREST PARK FED CREDIT UNION
insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
LIABILITY: -
BODILY INJURY $500,000 $ 392.20 $500,000 $ 317.20
Each Person Each Person
$500,000 $500,000
Each Occurrence Each Occurrence
PROPERTY DAMAGE $100,000 201.60 $100,000 157 .20
Each Occurrence Each Occurrence
PERSONAL INJURY 49.20 49.20
PROTECTION
UNINSURED AND UNDERINSURED MOTORISTS:
BODILY INJURY $500,000 73.50 $500,000 61 .20
Each Person Each Person
$500,000 $500,000
Each Accident Each Accident
COMPREHENSIVE Actual Cash Value 48.50 Actual Cash Value 59.00
Less $250 Deductible Less $250 Deductible
COLLISION Actual Cash Value 231.30 Actual Cash Value 390.10
® Less $250 Deductible Less $250 Deductible
s
ADDITIONAL COVERAGES:
TOWING & LABOR 5.00 5.00
®_
LOSS OF USE $50 Per Day/$1500 Max 25.00 $50 Per Day/$1500 Max 25.00
---------- ----------
TOTAL $ 1,026.30 TOTAL $ 1,063.90
-CONTINUED-
- P 0 BOX 34920, SEATTLE, WA 98124
SA-1697/EP 9/90 Page 1 of 3 DATE PREPARED: SEPT 30 2006
G12
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SCBM
INSURER: HARTFORD CASUALTY INSURANCE COMPANY
HARTFORD PLAZA, HARTFORD, CT 06115
COMPANY CODE: 3
THE
Policy Number: 52 SBM UL5028 DX
HARTFORD
SPECTRUM POLICY DECLARATIONS ORIGINAL
M Named Insured and Mailing Address: JOE HERTZBERG
� (No., Street, Town, State, Zip Code) BBA DECISIONS DECISIONS
3115 NW THURMAN
PORTLAND OR 97210
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co Policy Period: From 03/15/06 To 03/15/07 1 YEAR
0 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in Maine, Michigan, New
Ln Hampshire, North Carolina.
N
Ln N Name of Agent/Broker: GALES CREEK INS SERVICES/PHS /IPIA
C> Code: 709441
Ln
0
* Previous Policy Number: NEW
Named Insured is: INDIVIDUAL
_ Audit Period: NON-AUDITABLE
Type of Property Coverage: NONE
Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we
agree with you to provide insurance as stated in this policy.
TOTAL ANNUAL PREMIUM IS: $374
IN RECOGNITION OF THE MULTIPLE COVERAGES INSURED WITH THE HARTFORD, YOUR
POLICY PREMIUM INCLUDES AN ACCOUNT CREDIT.
s
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Countersigned by
Authorized Representative Date
Form SS 00 02 11 93 T Printed in U.S.A. (NS) Page 001 (CONTINUED ON NEXT PAGE)
Process Date: 03/16/06 Policy Expiration Date: 03/15/07
INSURED COPY
POLICY NUMBER: 52 SBM UL5028 r
Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated L,
Number below.
Location: 001 Building: 001
3115 NW THURMAN
PORTLAND OR 97210
Description of Business:
CONSULTANT - MANAGEMENT
Deductible: NO COVERAGE
BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE
BUILDING
NO COVERAGE
BUSINESS PERSONAL PROPERTY
REPLACEMENT COST NO COVERAGE
PERSONAL PROPERTY OF OTHERS
REPLACEMENT COST NO COVERAGE
MONEY AND SECURITIES
INSIDE THE PREMISES NO COVERAGE
OUTSIDE TEM PREMISES NO COVERAGE
Form SS 00 02 11 93 T Printed in U.S.A. (NS) Page 002 (CONTINUED ON NEXT PAGE)
Process Date: 03/16/06 Policy Expiration Date: 03/15/07
BUSINESS LIABILITY LIMITS OF INSURANCE
LIABILITY AND MEDICAL EXPENSES $1, 000, 000
MEDICAL EXPENSES-ANY ONE PERSON $ 10,000
PERSONAL AND ADVERTISING INJURY $1,000,000
DAMAGES TO PREMISES RENTED TO YOU $ 300, 000
ANY ONE PREMISES
rn
AGGREGATE LIMITS
PRODUCTS-COMPLETED OPERATIONS $2,000,000
FORM SS 05 09
0
GENERAL AGGREGATE $2,000, 000
m
o EMPLOYMENT PRACTICES LIABILITY
Ln COVERAGE: FORM SS 09 01
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cc., EACH CLAIM LIMIT $ 5, 000
0
0
a DEDUCTIBLE-EACH CLAIM LIMIT
* NOT APPLICABLE
-- AGGREGATE LIMIT $ 5,000
�- RETROACTIVE DATE: 03152.006
This Employment Practices Liability Coverage contains claims made coverage. Except as may be otherwise provided
_ herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made
against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the
coverage with your Hartford Agent or Broker.
The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of
"defense expense" and, in such event, The Company will not be obligated to pay any further"defense expense" or sums
which the insured is or may become legally obligated to pay as"damages".
BUSINESS LIABILITY OPTIONAL
COVERAIM
HIRED/NON-OWNED AUTO LIABILITY $1,000,000
FORM: SS 04 38
Form SS 00021193 T Printed in U.S.A.(NS) Page 003 (CONTINUED ON NEXT PAGE)
Process Date: 03/16/06 Policy Expiration Date: 03/15/07