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Tigard Area Chamber of Commerce ~ C140005 j Ciry of Tigard CONTRACT CHANGE ORDER/ �gard Hall Blvd. � 'Tigard,Oregon 97223 AMENDMENT SF1mmARY FORM Phone-(503)639-4171 Fax- (503) 684-7297 wlk\t'.a«ard-or.rov Project Title: Downtown Business Technical Project Manager: Sean Farrelly Assistance/Event Project Management Contractor: Tigard Area Chamber of Commerce Original Contract#: C140005 Effective Dates: Chane Order/Amendment Amount: $724.40 Accounting String:940-8000-56005 Amendment Percentage Runnin Total: 17% AMENDMENT DETAILS Increase not to exceed budget b $724.40 $18,000 to $18,724.40.) CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT Additional-work to prepare for Main St. Street Fair. REQUESTING PROJECT MANAGER APPROVING CITY STAFF 5)nature Signature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for Signature the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT DOWNTOWN BUSINESS TECHNICAL ASSISTANCE/EVENT PROJECT MANAGEMENT #0140005 AMENDMENT #2 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Tigard Area Chamber of Commerce, hereinafter referred to as Contractor, entered into on the 2nd day of July,2013,is hereby amended as follows: City agrees to pay Contractor an amount not to exceed Seven Hundred Twenty Four and 40/100 dollars 7($ 24.40) for performance of additional services surrounding the Main St. Street Fair project. The total amount of this Agreement shall not exceed Eighteen Thousand Seven Hundred Twenty Four and 40/100 Dollars ($18,724.40). Payment will be made based on Contractor's invoice, subject to the approval of the City,and not more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's invoice. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITYZ TIGA A HAER OF COMMERCE s z� Z Signature Signature J Printed Name Printed Name Date Date 13125 SN\ Hall Blvd. CONTRACT CHANGE ORDER, ftpid, Oregon 97223 z AMENDMENT SUMMAR.'k FORM Pl,f>1tt - r3t13; G39- 1%1 F�.r i 503; G$-1-72'97 V w.0 and-or. ov Project Title: Dotivntown Business Technical Project li-Tanager: Sean Farrc 11v assistance/Ex—etut Proicct Manag;-mcnt Contractor:Tigard :arca Chamber of Commerce Original Contract 9: C:1-l00( 15 Effective Dares: Change Order/_lmendtnent;ltx>ount: 52,000 Accoun.tiug Sting:940-8000-56005 Amendment Percentage Running Total: 12.5`0' I AhiENDMENT DETAILS Increase not to exceed budget by c2,000 ($16,000 to$18,000. CHANGE ORDER DETAILS UNIT QTY UNIT$ 'TOTAL$ REASONING FOR CIIANGE ORDER/A141LND14iE"dT I LL�dditional work to re. .trc for`Iain St. Stre,t `air REQUESTING PROJECT 147 AGER ApplAovING CITY STAFF — Sigma e tiigwitlitt Date Datc Contractor is hereby authorized b:, the Ciq-of Tigard to perform CONTRACTOR the additional xrork described below to accordance'v6th the terms and conditions detailed in the original contract along with all applica ale rules, rcgulations, and laws that in.tT be in t ffect for the nock. The unit pricing in the original contrtct shall apply to tt*nahtt� all adclitional -,pork. A cone of this form, once complett d, is to he fonv.irdcd to tae Purchasing Office to ensure a l changes to the encumbrances .trc met. Remember—the cumulative total of Amendments cannot exceed theproject's FY bud et. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT DOWNTOWN BUSINESS TECHNICAL ASSISTANCE/EVENT PROJECT MANAGEMENT #C140005 AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Tigard Area Chamber of Commerce, hereinafter referred to as Contractor, entered into on the 2nd day of July,2013,is hereby amended as follows: City agrees to pay Contractor an amount not to exceed sig:. diousftndtwid "'�'��0 F)oU,tr,i �S-4-Fi� Eighteen Thousand and No/100 dollars ($18,000) 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. 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. CIy6r7D TiGAT BER OF COMMERCE Sign ture Signature Printed Name Printed Name Date Date CITY OF TIGARD,OREGON CONTRACT Sum ARY FORM (Fop-w UST ACC'omPANY EAc'H CoNTRACTFoR AUTHoRIzA7'ioN) Contract Title: Downtown Business Technical Assistance/E ,ent Project Management Number;C140005— Contractor: Tigard Area Chamber of Commerce Contract Total: $16,000 Contract Overview: Consultant will prmide technical assistance for marketing husi�zess district and orgaxzizing,in� r�ilthi. 31d Friday events and annual events (Street Fait Holiday Tree lig-lrting, etc.) in downtown'ri;Ord. Type: ❑ Purchase Agreement Start Date: July, 1,2013 End Date:Lune 30-2014 Personal Service ❑ Public Improvement LCRB award: Department: Communijy Dev. ❑ IGA ❑ Other: Contract Manager: Sean Farrelly Quotcs/Bids/proposal: FIRM _ AMOUNT/SCORE Tigard Area Chamber of Commerce 516,000 .Account String: Fund-Division-Account PrUject-Fund-Phase Arnount Year 1 CCDA 940-8000-56005 97010-940-507 $16,000 Year 2 Year 3 Year 4 Year 5 Approvals Department Comments: Direct Appointment Department Signature.: Purchasing Comments: Owl 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. CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT DowNTOWN BUSINEss TECHNICAL A.ssIsTANCE/EVENT PROJECT MANAGEMENT THIS AGREEMENT made and entered into this second day of July;2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and the Tigard Area Chamber of Commerce,hereinafter called Contractor. RECITALS WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under diose terms and conditions set forth: THEREFORE,the parties agree as follows: SCOPE OF WORT{ 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 Fork and by this reference made a part hereof EFFECTIVE BATE ANIS DURATION This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise terminated or extended, on June 30, 2014. 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 sixteen thousand and 00/100 Dollars ($16,000) 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 TIGARD AREA CI IAMBER OF COMMERCE Attn. Sean FarrellAttn: Debi Mollahan Address: 13125 SW Hall Boulevard Address: 12345 SW Main Street Tigard,Oregon 97223 Tigard,OR 97223 Phone: 503 718.2420 Phone: 503 639-1656 Fax: 503 718-2748 Fax.: Email: sean a@ti d-or. v Email: debi(u ti -.irdcl7;���l�er.or� Personal Services Agreement d Short Form 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. Furd-lermore, 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 full extent of any payments that City is required to make (to Contractor or to a third part),) 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 all risks arising directly or indirectly out of Contractors activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: 1. Commercial General Liability Insurance Contractor shall 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 (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance xill be carried: Personal Services Agreement—Short Form 2 Coverage Limit General Aggregate $2,000,000 Products-Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 2. Business Automobile Liability Insurance Contractor shall 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. The Combined Single Limit per occurrence shall not be less than $300,000. Said insurance shall name City as an additional insured. If Contractor hires a carrier to make delivery,Contractor shall ensure that said carrier complies with this paragraph. 3. Workers'Compensation Insurance The Contractor and all employers providing work, labor or materials under thus 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. 4. 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. S. 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 30th day of July,2014 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. Personal Services Agreement—Short Form 3 1 i' AGREEMENT MODIFICATIONS Illodifications to this Agreement are valid only if made in writing and signed by all parties. OWNERSHIP OF WaRK 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 Chapters 279A,279B, and 2790 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 PUBLICAGENCY Where applicable,Contractor must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the Nvork provided by this order. Contractor must pay all contributions or amounts clue 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 fin-nished. Contractor furtfser 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 paries. 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 they have 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 Contractor has executed this Agreement on the date hereinabove first written. CI OF ARD TIGARD AREA CHAMBER OF COMMERCE a By: Kenny Asher By: Debi Mollahan -7 -7 Date Date Personal Services Agreement—Short Form 41 P Exhibit A Scots of Work DOWNTOWN BUSINESS TECHNICAL ASSISTANCI IEYENT PROJECT MANAGEMENT The Tigard Area.Chamber of Commerce's role will be to support the development sof a Steering Committee to create an ongoing monthly event (Yd Friday) and annual events (Street Fair,Tree Lighting, etc.) in downtown Tigard.The Tigard Chamber will play a key role in the development of event logistics,activities and involvement by directing and coordinating a volunteer committee.The committee would consist of owners and managers of businesses and community organizations within the boundaries set by the City of Tigard. The Tigard Chamber,using key staff support,will lead and manage the process. A template will be developed for use in future years and other events. I. PLANNING IV. ACTIVITIES o Oversight Committee o Recruit participants o Event Management Outline o Coordinate o Timeline o Task Lists V. VENDOR COORDINATION o Logistics o Coordinate o Permits o Recruit o Street Mapping H. FUNDRAISING o On-Site Tigard Chamber Coordinator o Sponsorship Drive (Dollars and In- Kind} VI. VOLUNTEER MANAGEMENT o Organize Events/Activities o Recruit o Grant Writing as applicable o Coordinate o Task Lists III. MARKETING/PUBLIC o On-Site Tigard Chamber Coordinator o Media/Public Relations o Marketing Materials (Posters,etc.) o Web Site Development (update) o Social Media Program Development/Community Outreach o Event Photography /Videography o Posters/Printing Personal Services Agreement—Short Form 5