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Garcia & Associates, LLC ~ C160025 ~ Diversity Training CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANY EVERY CONTRACT) Contract Title: Diversity Training Number: C160025 Contractor: Garcia&Associates,LLC Contract Total: $9,750.00 Contract Overview: Provide diversity training to city staff Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate FI Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Brandi Leos Ext: 2407 Department: Human Resources Type: n Purchase Agreement ❑ Personal Service Fl General S rvi e El Public Im r ve ent El IGA n Other: Start Date:II' ?15--End Date: 31 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Account Stung: Fund-Division-Account Work Order—Activity Type Amount FY 2016 600-1100-54303 $9,750 FY FY FY FY Approvals - LCRB Date: Department Comments: Department Signature: ` 1, .�` cam._ PurchasingComments: Purchasing Signature: SI') ,/14176.-- 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-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANY EVERY CONTRACT) Contract Title: Diversity Training Number: C160025 Contractor: Garcia&Associates,LLC Contract Total: $9,750.00 Contract Overview: Provide diversity training to city staff Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate FI Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Brandi Leos Ext: 2407 Department: Human Resources Type: n Purchase Agreement ❑ Personal Service Fl General S rvi e El Public Im r ve ent El IGA n Other: Start Date:II' ?15--End Date: 31 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Account Stung: Fund-Division-Account Work Order—Activity Type Amount FY 2016 600-1100-54303 $9,750 FY FY FY FY Approvals - LCRB Date: Department Comments: Department Signature: ` 1, .�` cam._ PurchasingComments: Purchasing Signature: SI') ,/14176.-- 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#ri I ll7w426_ CITY OF TIGARD,OREGON PRESENTER AGREEMENT THIS AGREEMENT made and entered into this 17th day of November,2015 by and between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter called City, and Garcia& Associates,LLC,hereinafter called Presenter. RECITALS WHEREAS, City has need for the services of a company or individual with a particular training, ability,knowledge,and experience possessed by Presenter,and WHEREAS, City has determined that Presenter 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 Presenter shall initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement. Presenter 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 March 31, 2016. All work under this Agreement shall be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Presenter an amount not to exceed nine thousand seven hundred fifty and 00/100 Dollars ($9,750) for performance of those services described in this Agreement. Payment will be made based on Presenter'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 Presenter'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 GARCIA&ASSOC I,' �s,LLC Attn: Brandi Leos Attn: Frank Garcia Address: 13125 SW Hall Boulevard Address: lo52 50I LJ,J,/y571)E Dt Tigard, Oregon 97223 W2.1,50.1 v2 tie i oe 9200 Phone: (503) 718.2407 Phone: 503.333.0822 Email: brandi@tigard-or.gov Email: fgarciajr23@gmail.com PRESENTER As INDEPENDENT CONTRACTOR Presenter acknowledges that for all purposes related to this Agreement, Presenter 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 Presenter 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 Presenter under the terms of this Agreement, to the full extent of any benefits or other remuneration Presenter 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 Presenter or to a third party) as a result of said finding. Presenter acknowledges that for all purposes related to this Agreement, Presenter is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. CITY OF TIGARD BUSINESS LICENSE Presenter shall 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' 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. INDEMNIFICATION City has relied upon the experience,ability, and training of Presenter as a material inducement to enter into this Agreement. Presenter 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 Presenter's work by City shall not operate as a waiver or release. Presenter 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 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 If driving to or from event/activity automobile insurance is required in accordance with the laws of the State of Oregon. Proof of such insurance is required to be provided to the City Contact prior to the event/activity. The procuring of such required insurance shall not be construed to limit Presenter's liability hereunder. Notwithstanding said insurance,Presenter 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 31st day of March, 2016shall 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 Presenter for services rendered prorated to the date of termination. HR Presenter Agreement 2 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 Presenter which result from this Agreement,including any computations,plans,correspondence or pertinent data and information gathered by or computed by Presenter prior to termination of this Agreement by Presenter or upon completion of the work pursuant to this Agreement. GOVERNING LAW Presenter 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 279C 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,Presenter must make payment promptly as due to persons supplying Presenter labor or materials for the execution of the work provided by this order. Presenter must pay all contributions or amounts due from Presenter to the Industrial Accident Fund incurred in the performance of this order. Presenter 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. Presenter 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 party 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. Presenter, 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 Presenter has executed this Agreement on the date hereinabove first written. CITY OF TI AR GARCIA&ASSOCIATES C j 11 By: Dana Bennett,H Director By: Authorized Agent of Presenter f P1/4/2o/S- /// /'' Date Date HR Presenter Agreement 3 EXHIBIT A SCOPE OF WORK Garcia & Associates to design and present diversity training for City of Tigard employees. Training tailored specifically for supervisors will be presented separate from the general employees. Garcia & Associates will provide two (2) supervisory sessions for three hours each and up to five (5) general employee sessions for two hours each. Fees: Supervisor 1,3hr. $2000 Supervisor 2,3hr.$1500 Staff 1,2hr. $1250 Staff 2,2hr.$1250 Staff 3,2hr.$1250 Staff 4,2hr.$1250 Staff 5,2hr.$1250 Garcia & Associates will develop handouts and provide to the City at least two days in advance of presentations. The City will reproduce handouts for attendees. The City will provide easels, markers, projector, and other reasonable supplies necessary for the presentation. HR Presenter Agreement 4 I