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Sally Murdoch Media Relations - C110047 -r Contract (� .H CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 21st day of April, 2011 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Sally Murdoch Media Relations,hereinafter called Contractor. RECITALS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth: Therefore, the parties agree as follows: SCOPE OF WORK Contractor shall initiate services 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 — 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 June 30, 2011. All work under this Agreement shall be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Contractor an amount not to exceed Two Thousand Nine Hundred Sixty Two and No/100 Dollars ($2,962.00 annually for performance of those services described in this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's invoice. CONTACT INFORMATION All notices, bills, and payments shall be made in writing and may be 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 SallV Murdoch Media Relations Attn: Steve Martin, Parks/Facilities Manager Attn: Sally Murdoch 13125 SW Hall Blvd. 11725 SW 35ffi Avenue Tigard, Oregon 97223 Portland, Oregon 97219 Phone: 503) 718-2583 Phone: 503) 735-5943 Fax: 503) 684-8840 Fax: 503 946-8822 Email Address: steve@tigard-or.gov Email Address: sally@sallymurdoch.com Contract# CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent contractor 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 Contractor 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 Contractor under the terms of this Agreement,to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the fffl extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. Contractor acknowledges that for all purposes related to this Agreement,Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants 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 contractor's work by City shall not operate as a waiver or release. Contractor 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 Contractor 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 Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover allrisks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: a) Business Automobile Liability Insurance If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that Contractor has automobile liability coverage for all owned, hired, and non-owned vehicles. The bodily injury and property damage liability limits shall be not less than; $25,000 per person,$50,000 per crash for bodily injury to others; and $10,000 per crash for damage to the property of others. In addition, Contractor, in accordance with State law shall carry both Personal Injury Protection (for reasonable and necessary medical, dental, and other expenses one year after crash) for not less than$15,000 per person and Uninsured Motorist Coverage of not less than $25,000 per person and $50,000 per crash for bodily injury. Contract# Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. c. Workers' Compensation Insurance The Contractor 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. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. d. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. e. Certificates of Insurance or Copies of Auto Insurance Coverage As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance or copies of their auto 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 contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. TERMINATION The parties agree that any decision by either party to terminate this Agreement before either before the work is completed or the 30`h day of June, 2011 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor 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 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. GovERNING LAw Contractor 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, 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 Contract# 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, Contractor must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor 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. Contractor fiuther 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 party unless in writing and signed by both parries. 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. Contractor, 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 ojerntractor has executed this Agreement on the date hereinabove first written. CI ARD SALLY MURDOCH MEDIA RELATIONS 1 n , By: uthorized City staff By: Autho ized Agent of Contractor) Date Date Contract# Exhibit A Scope of Work Sally Murdoch Media Relations 11725 SW 35'Avenue Portland, OR 97219 City of Tigard Business License#13246 Tel: 503-735-5943, sally@sallymurdoch.com April 1, 2011 Estimate 2; Sunrise Celebration Event and PR expanded Develop a celebration plan for a Sunrise celebration in May, 2011 including legwork, event management and all aspects of event planning,site checks,working with vendors for a crowd of 50 to 75 VIPs and citizens. Collaborate with City of Tigard Public Works on invitations, signage, tenting and crowd management. Provide one assistant to ensure smooth operations for event.Write press release (s) and distribute to local press in order to inform citizens. Base activities on last celebration at Summer Creek,and incorporate changes as needed. Collaborate with key stakeholders in developing a plan that serves the needs of stakeholders, but is led by the City of Tigard. $1,940.00 Hard cost estimates Banner(use existing banner we used for Summer Creek) N/C Commemorative coffee mugs or similar giveaway product $300.00 Coffee and other drinks $60.00 Food $250.00 Postage for hard copy invitations $52.00 Party supplies, trays, foliage, tablecloths $50.00 Constant Contact mailing $15.00 Press Release writing and distribution $295.00 Estimated total cost $2,962.00