Bluesun, Inc ~ C170016 CRY. of T4ud
C,NTRAC Oma""G% ' E—R151,25 SWHaftB,1vd,
A'1 WNT!WN Phone y )6-39-4171
• DIEL CKAM§ ORDMFORM %-003)04-707
www.tigard-orggy
.
Project Title: Temporary Staffing Services —On-Call Project Manager: Jessica Williams
Parks & Grounds Maintenance &Administrative
Assistance Pilot Project
Contractor: B1ueSun Inc. Original Contract#:C170016
Effective Dates: 8/24/16 through 6/30/18 Change Order/Amendment Amount: $0.00
Accounting Strin :Varies Amendment Percents Le Running Total: %
Amended Project Manager from Aaron Rivera to Jessica Williams
Extended termination date to June 30,2018
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 100,000.00
Amendment 1 —revised scope only
Amendment 2—revised termination date only
TOTAL CONTRACT 100,000.00
Extend termination date. Engineering Division will piggyback on Administrative Assistance Project for a total
not to exceed$20,000—this will not increase the total contract amount.
B#DG9T AND
QU TI atG l E A A' R +�GtIT-$Tor _
'S� .,fib t -
PAM
Contractor is hereby authorized by the City of Tigard to perform # Q
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 the -
work. The unit pricing in the original contract shall apply to all ; ltll
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 theproject's FY budget.
CITY OF TIGARD,OREGON
AMENDMENT TO PERSONAL SERVICES CONTRACT
TEMPORARY STAFFING SERVICES-ON-CALL PARKS AND GROUNDS MAINTENANCE&
ADMINISTRATIVE ASSISTANCE PILOT PROJECT
C170016
AMENDMENT #2
The Agreement made and entered into this 24" day of August, 2016 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and B1ueSun Inc., a State of Oregon
recognized Qualitative Rehabilitation Facility,hereinafter called Contractor,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution,and shall expire,unless otherwise
terminated or extended, on X0,2017 )tune 30, 2018. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
9. METHOD &PLACE OF SUBMITTING NOTICE.BILLS AND PAYMENTS
All notices,bills and payments shall 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
shall be used to transmit notices,bills,payments,and other information:
Attn: Aaron Rive_,. Atm: Jeff Howell
Lessica Williams,PW Bus.Mgr
uAddress: 13125 SW Hall Blvd. Address: 887 NW Grant Avenue
Tigard,Oregon 97223 ConTallis,Oregon 97330
Phone: (503) 718-2461 Phone: (541) 207-3212
Email: 'essicawntieard-ongov Email: jeff.howelt@bluesuninc.org
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.
CITY OF TIGARD BLUESUN IN .
Signature Situr
MAY44,A, L, Wl'el,p, 7 J ffreySHowell
PrintedtedName PrinName
Q
l Lq(7"-7 08/24/2017
Date Date
Z-V of I __'7rd
4 CONTRACT CHANGE ORDER/ 13125"',W Hail Bkd.
}
AMENDMENTSUMMARY
Tigat1,()re<,m`19,'?23
Pho ue (>03' 639-4171
FIELD CJ-WNGE ORDER FORM Fax rr�'3 ��� -1297
Project Title:Temporary Staffing Services-On-Call Project Manager:Aaron Rivera
Parks &Grounds Maintenance&Administrative
Assistance Pilot Project
Contractor: B1ueSun, Inc Original Contract#: C170016
Effective Dates: Change Order/Amendment Amount: $0.00
Accounting String: Amendment Percent R Total: %
AmENDltn,�i�r DE'T'AILS
Added a Temporary administrative assistant to the scope of work at a billable rate of$25.00.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CRANGF 0R.nrP,/_4,%iF_NDMENT
BuDG&i,IMPAC:U AND REQC TR) D ACTIGl1Ys
RIr,uI.STING PRO ECTNiANAGERNG CI $ A9 I
tpature _
Date
Contractor is hereby authorized by the Cit-;of Tigard to perform i CON'T'RACTOR
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 -
c+11 d£Llre
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 projeces FY bud et. Dare
CITY OF TIGARD,OREGON
AMENDMENT To CONTRACT
TEMPORARY STAFFING SERVICES-ON-CALL PARKS AND GROUNDS MAINTENANCE AND
ADMINISTRATIVE ASSISTANCE PILOT PROF ECT
CONTRACT#C170016
AMENDMENT#1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City,and B1ueSun,Inc.,hereinafter referred to as Contractor,entered into on the 246'day of August,2016,is
hereby amended as follows:
3. COMPENSATION
The City agrees to pay Contractor in accordance with the hourly fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from the work
under this Agreement. The base hourly rate for temporary gtounds staff assigned under this Agreement
shall be Twenty Two and 80/100 Dollars. The base hourly rate for temporary administrative staff
gssiMed under this eem nt shall be Twenty Five and N 100 Dollars, The total amount expensed
against this contract may not exceed One Hundred Thousand and No/100 Dollars($100,000.00). Any and
all payments made to the Contractor shall be based upon the following applicable terms:
Exhibit
Services To Be Provided
Contractor shall provide temporary administrative assistance to the City in addition to the &eadX
identified services. The nature of the job expectations are attached and included in,the scope of
services to be provided.
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.
CITY�OF TIGARD BLUESUN,INC.
Signature Signatur
Printed Name Printed Name
Date Date
I
1
I
SCOFF of WORK: ADMINISTRATIVE STAFF
Receives general supervision from assigned professional,supervisory,managerial,or administrative
personnel and functional supervision from lead administrative support staff. Exercises no direct
supervision over staff.
Job Characteristics
Performs the full range of administrative and office support duties,including document preparation,
records management,researching,compiling,and organizing information from various sources,
screening phone calls,visitors,and mail,and directing questions to the appropriate staff.
A. Performs a wide variety of moderately complex administrative duties to support
departmental/divisional operations,including filing,preparing records and monthly reports,
accounts payable,and ordering and maintaining office and other related supplies.
B. Performs skilled word processing,data entry,and transcription using independent judgment and
discretion in preparing correspondence and reports.
C. Researches records within areas of responsibility to prepare and provide follow-up information
to customer and staff inquiries.
D. Assists in providing telephone and/or counter support to the public and staff;responds to
inquiries by explaining procedures;provides general information;distributes forms and other
documents as requested;provides detailed review of forms to assure completeness;refers
callers/visitors to appropriate department;takes and relays accurate messages;transfers callers to
voicemail when necessary.
E. Responds to the public and staff inquiries regarding department and/or City policies,
procedures,and timelines;explains and applies policies and procedures as required to assure
timeline compliance;monitors timelines;resolves problems of a moderate complexity within
areas of responsibility.
F. Types,originates,formats,proofreads,and distributes a wide variety of reports,letters,and
memoranda,including agenda items,bid documents,regulatory submittals,and documents
associated with departmental projects;types from rough drafts,verbal instructions,or
transcribing machine recordings;checks drafts for punctuation,spelling,and grammar;makes or
suggests corrections to drafts.
G. Organizes and maintains various administrative,reference,imaging,and follow-up files;purges
files in accordance with the records retention policy.
H. Checks and tabulates standard arithmetic or statistical data;may summarize such information
and prepare periodic numerical reports.
I. Operates a variety of standard office equipment,including job-related computer hardware and
software applications(Word and Excel),copiers,postage meters, facsimile machines,multi-line
telephones,and transcription equipment;may operate other department-specific equipment.
J. Maintains accurate records of work performed.
K. May make arrangements for complex scheduling and reservations of City facilities for a variety
of meetings,events,classes,and other purposes.
L. May receive,code,log,schedule,and distribute service requests and work orders.
M. May assist with processing incoming and outgoing mail;receives shipments;compares packing
slips with received goods;matches invoices with packing slips to assure accuracy.
N. Performs other duties as assigned.
f
Required Knowledge Base
A. Modern office administrative support practices and procedures,including the use of standard
office and computer equipment.
B. Computer applications related to the work,including word processing,database,and spreadsheet
applications.
C. Applicable codes,regulations,policies,technical processes,and procedures related to the
department to which assigned.
D. Principles and procedures of financial record keeping and reporting.
E. Principles and practices of data collection and report preparation.
F. Basic contract administration principles and practices.
G. Business letter writing and the standard format for reports and correspondence.
H. Business arithmetic and statistical techniques.
I. Alphabetical and numerical filing methods.
J. English usage,grammar,spelling,vocabulary,and punctuation.
K. Techniques for providing a high level of customer service to public and City staff,in person and
over the telephone.
Required Abilities
A. Perform responsible administrative support work with accuracy,speed,and general supervision.
B. Provide varied and responsible office administrative work requiring the use of tact and
discretion.
C. Understand the organization and operation of the City and of outside agencies as necessary to
assume assigned responsibilities.
D. Respond to and effectively prioritize multiple phone calls and other requests for service.
E. Compose correspondence and reports independently or from brief instructions.
F. Understand and carry out oral and written directions.
G. Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned
work.
H. Establish and maintain a variety of filing,record-keeping,and tracking systems.❑ Organize and
prioritize a variety of projects and multiple tasks in an effective and timely manner;organize own
work,set priorities,and meet critical time deadlines.
I. Operate and maintain modern office equipment,including computer equipment and specialized
software applications programs.
J. Comprehend and use English effectively including producing all forms of communication in a
clear,concise,and understandable manner to intended audiences.
K. Establish,maintain,and foster positive and harmonious working relationships with those
contacted in the course of work.
Physical Demands
Must possess mobility to work in a standard office setting and use standard office equipment,
including a computer;vision to read printed materials and a computer screen;and hearing and
speech to communicate in person and over the telephone;may be required to operate a motor
vehicle and to visit various City and meeting sites. This is primarily a sedentary office classification
although standing in work areas and walking between work areas may be required. Finger dexterity
is needed to access,enter,and retrieve data using a computer keyboard or calculator and to operate
standard office equipment. Positions in this classification occasionally bend, stoop,kneel,reach,
push,and pull drawers open and closed to retrieve and file information. Employees must possess
the ability to lift,carry,push,and pull materials and objects weighing up to 25 pounds.
CITY OF TIGARD,_OREGON-CONTRACT SUMMARY FORM
(THIS FORMMUST ACCOMPANYEVERY CoNmAcr)
Contract Title: Temporary Staffing Services—On-Call
Parks and Grounds Maintenance Pilot Project Number. C170016
Contractor: B1ueSun Inc Contract Total: 100.000
Contract Overview: Provide On-Call employees for Paiks and Grounds maintenance for a one sear
pend.
Initial Rick Level: ❑ Extreme ❑ High ❑Moderate ❑Low
Risk Reduction Steps:
Risk Comments:
Risk Signature.
Contract:Manager: Aaron Rivera Ez-t: 2461 Departt.nent: PW-Parks CS—
Facilities
Type: ❑ Purchase.Agreement ® Personal Setvice ❑ GeneralC107/(-
e cg ❑ Public Im ro em
[-] IG A ❑ Other: Start Date. ��J/4' End Date: ' Y34
Quotes/Bids/Proposal: FIRM Mo iNT/ScogF
B1ueSun._ Inc QRF'Quahfication
:account String: Fund-Division-Account Work QLder_ActiviiX Jae_ pg=
FY Not-Encumbered. On-Call Contract
FY
FY
FY
A rov - LCRB Date:
Department Ccomments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature. X41,1
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number-0—yv'�Y
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
TEMPORARY STAFFING SERVICES—ON-CALL PARKS AND GROUNDS MAINTENANCE
PILOT PROJECT
THIS AGREEMENT made and entered into this 24"day of August,2016 by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and B1ueSun Inc.,a State
of Oregon recognized Qualitative Rehabilitation Facility,hereinafter called Contractor.
RECITALS
WHEREAS,the City's 2016-2017 fiscal year budget provides for the purchase of temporary employees
for parks and grounds maintenance services to fill a vacated position;and
WHEREAS, City has need for the sen-ices of a company vith a particular training,ability,knowledge,
and experience possessed by Contractor,and
WHEREAS,City has determined that Contractor is qualified and capable of performing the services as
Cit;does hereinafter require,under those terms and conditions set forth,
THEREFORE,the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor shall initiate sen-ices immediately 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 and by this reference made a part hereof. Any and all work assigned by the City will
be contained in subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended, on June 30, 2017. All work under this Agreement shall be
completed prior to the expiration of this Agreement
3. COMPENSATION
The City agrees to pay Contractor in accordance with the hourly fee schedule outlined in Exhibit
A for performance of those services described herein and in any subsequent agreements that arise
from the work under this Agreement The base hourly rate for temporary staff assigned under
this Agreement shall be Twenty Two and 80/100 Dollars. The total amount expensed against
this contract ma,-not exceed One Hundred Thousand and No/100 Dollars ($100,000.00). Any
and all payments made to the Contractor shall be based upon the following applicable terms:
A. Contractor's temporary employee assigned to the City hereunder will present a timesheet to
the Cit;for verification and signature at the end of each week. City's approval thereby will
indicate its acceptance of the hours worked.
B. 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.
C. Payment will be made within 30 days of Contractor's invoice; subject to the approval of
the City Manager, or designee, and not more frequently than weekly. Payment shall be
made only for work actually completed as of the date of invoice.
D. Payment by Cit;,shall release City from any fin-ther obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice.
E. Contractor shall make payments promptly,as due,to all persons supplying labor or materials
for the prosecution of this work.
F. Contractor shall not permit any lien or claim to be filed or prosecuted against the Cit;,on any
account of any labor or material furnished.
G. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
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, City's Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Contractor. The payment of the claim in this manner
shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
I. Contractor shall pay employees at least time and a half pay for all overtime worked in excess
of 40 hours in any one week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
J. Contractor shall 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 or all sums which
Contractor agrees to pay for such services and all moneys and sums which Contractor
collected or deducted from the wages of employees pursuant to any law, contract or
agreement for the purpose of providing or paying for such service.
K The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
4. 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 b;Contractor or upon completion of the work pursuant to this
Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign,sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If Cit, agrees to assignment of tasks to a
21
subcontract,Contractor shall be fully responsible for the acts or omissions of any subcontractors
and of all persons employed by them,and neither the approval by City of any subcontractor nor
anything contained herein shall be deemed to create any contractual relation between the
subcontractor and City.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. 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 670.700 and not an
employee of City,shall not be entitled to benefits of any kind to which an emplc;ee 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 lave-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 party)as a result of said
finding.
B. 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 his
or her normal charge for the type of service provided.
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.
C. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering senices under this Agreement.
D. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the 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 v ith
generally accepted professional practices and standards as well as the requirements of applicable
federal,state and local laws.
Contractor agrees to indemnify and defend the City,its officers,agents and employees and hold
them harmless from any and all liability,causes of action,claims,losses,damages,judgments or
31
other costs or expenses including attorney's fees and witness costs and(at both txial.and appeal
level, whether or not a trial or appeal ever takes place) 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 workers 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.
8. INSURANCE
Contractor and its subcontractors shall maintain insurance acceptable to Cit;-in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly or
indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall
provide at least the following limits and coverages:
A. 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 will be carried:
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Commercial Automobile 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$1,000,000.
C. Workers'Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing -,work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply v ith 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 pro-ide Oregon workers' compensation co•:-erage 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'
41
compensation coverage. All non-exempt employers shall provide Employers Liability
Insurance with coverage limits of not less than$500,000 each accident.
D. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance
policies and other policies the City deems necessary shall include the City, its officers,
directors,and employees as additional insureds with respect to this contract.
E. 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.
F. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor 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 certificate will
specify and document all provisions vithin this contract. A renew-al certificate will be sent
to the above address 10 days prior to coverage expiration.
G. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer,employee or agent of the City as those terms are
used in ORS 30.265.
H. Primar,-Coverage Clarification
The parties agree that Contractor's coverage shall be 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.
I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution and errors and omissions policies required by this
contract.
A cop;•of each insurance policy,certified as a true copy by an authorized representative of the
issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form
satisfactory to Cit;-cern.-ing to the issuance of such insurance shall be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. 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.
51
9. METHOD&PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS
All notices,bills and payments shall 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 shall be used to transmit notices,bills,payments,and other information:
01 v OF TIGAILD BT.T.ESIIN INC.
Attn: Aaron Rivera,PW Business Mgr Attn: Diana Howell
Address: 13125 SW Hall Boulevard Address: 887 NV'Grant Avenue
Tigard,Oregon 97223 Corvallis, Oregon 97330
Phone: (503) 718-2461 Phone: (541)207-3212
Email Address: aaronrrtiggrrl-or.gov Email Address: dianr-c.howeH a.bluesuninL.or
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall 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.
10. MERGER
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 shall be effective unless and until it is made in
writing and signed by both parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City
by a Contractor that does not represent clients on matters contrary to City interests. Further,
Contractor shall not engage services of an attorney and/or other professional who individually,
or through members of his/her same firm,represents clients on matters contrary to City interests.
Should the Contractor represent clients on matters contrary to City interests or engage the
sen-ices on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Contractor shall
consult with the appropriate City representative regarding the conflict.
After such consultation,the Contractor shall have seven (7)day=s to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period,the
agreement mai be terminated pursuant to Section 13 (B) (3)of this agreement
12. TERMINATION WITHOUT CAUSE
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Contractor. If City terminates the contract pursuant to this
paragraph,it shall pay Contractor for services rendered to the date of termination.
6 ' :. ¢•.
13. 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 alloy-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 an;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)shall be vithout 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 herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so
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.
3) If Contractor fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract)by Contractor shall not be 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 shall be entitled to receive
as full payment for all sen ices satisfactorily rendered and expenses incurred,an amount which
bears the same ratio to the total fees specified in this Agreement as the services satisfactorily
rendered by Contractor bear to the total services otherwise required to be performed for such
total fee;provided,that there shall be deducted from such amount the amount of damages,
if any, sustained by City due to breach of contract by Contractor. Damages for breach of
contract shall be those allowed by Oregon law,reasonable and necessary attorney fees,and
other costs of litigation at trial and upon appeal.
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14. ACCESS TO RECORDS
City shall have access to such books,documents,papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
15. FORCE MAJEURE
Neither City nor Contractor shall 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;prodded that the parties so disenabled shall v�ithin 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 shall not be the basis for a claim for additional compensation. Each party shall,
however,make all reasonable efforts to remove or eliminate such a cause of delay or default and
shall, upon cessation of the cause, diligently pursue performance of its obligation under the
Agreement.
16. NON-WAIVER
The failure of Cit;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.
17. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state ci-,il rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans
with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules
established pursuant to those laws.
18. ERRORS
Contractor shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement v:ithout undue delays and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change)work.
Failure of Contractor to secure authorization for extra work shall constitute a waiver of all right
to adjustment in the contract price or contract time due to such unauthorized extra work and
Contractor thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
20. WARRANTIES
All work shall be guaranteed by Contractor for a period of one year after the date of final
acceptance of the work by the owner. Contractor warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work nor payment therefore shall relieve Contractor from liability
under warranties contained in or implied by this Agreement.
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21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract,the parties agree that
the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court
costs,including attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal,state and local lays,rules and regulations,
including,but not limited to,the requirements concerning working hours,overtime,medical
care, workers compensation insurance, health care payments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions
of which are hereby made a part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract,this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
25. AUDIT
Contractor shall maintain records to assure conformance with the terms and conditions of this
Agreement,and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City,the State of Oregon,the federal government,or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
26. 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 shall not
be affected to the extent that it did not materially affect the intent of the parties when they entered
into the agreement.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
V'here applicable,seller 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 famished.
Contractor further agrees to pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
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28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than forty(40)
hours in any one week, except in cases of necessity, or emergency or where the public policy
absolutely requires it As this is a personal services as defined in ORS 279A.055,any labor shall be
paid at least time and a half for all hours worked in excess of forty(40)hours in any one week,except
for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS'COMPENSATION
Contractor shall promptly, as due, make pa;-ment 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 such Contractor,of all sums which the Contractor
agrees to pay for such services and all moneys and sums which the Contractor collected or deducted
from the wages of the employees pursuant to any law, contractor agreement for the purpose of
pro-iding or paying for such service.
30. JOB SUPERVISON
The City shall be responsible for the supervision of the Contractor's employees while on
assignment to the City.
31. TOB LIMITATIONS
City will not permit or require a temporary employee of Contractor(i)to perform Services outside
of the scope of his or her assignment;(ii)to sign contracts or statements,(iii)make management
decisions(iv)to sign,endorse,wire,transport or otherwise convey cash,securities,checks,or any
negotiable instruments or valuables, (v) to perform Services remotely (e.g., on premises other
than the City's premises),or to use computers,software or network equipment owned or licensed
by the temporary employee.
32. SCOPE OF BACKGROUND INQUIRIES
Contractor checks references only by asking specific questions to select past employers with
regard to skills and work history before placing an individual on his or her first assignment To
the extent permitted by applicable law,Contractor will have our independent third party vendor
perform the following checks:
A. Seven(7)year criminal background investigation for all state felony convictions and pending
charges and state misdemeanor convictions and pending charges for crimes of dishonesty or
violence in every county where the individual has resided or worked within the U.S. in the
last seven (7)years as stated on his or her application;and
B. A credit check. The results of such credit check(the"Report")will be supplied to the Cit;
and the City will notify Contractor of the employee's eligibility for assignment The City
represents and warrants that any credit checks will be requested,conducted and used by the
City in accordance with applicable law,including,but not limited to,Oregon Revised Statutes
Chapter 659A. The City further represents and warrants that the credit check is substantially
job-related because an essential function of the position requires access to financial
information not customarily provided in a retail transaction that is not a loan or extension of
credit.
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The City agrees (i) to keep the Report strictly confidential and to use the Report for
employment purposes only;and(ii) to adhere to the Notice to Users of Consumer Reports:
Obligations of Users Under the FCRA which can be found at
http://w-ww.ftc.goN/os/2004 X07/0:0709 fcraapt�h.pdf.
The Contractor shall send the City a separate invoice for the cost of the additional screenings
performed by its third part;--endor. The City agrees to pay such invoice within thirty(30)days
of receipt.
33. RESUME CONFIDENTIALITY
City agrees to hold in confidence the identity of any Contractor candidate and the candidate's
resume,social security number and other legally protected personal information.
34. COMPLETE AGREEMENT
This Agreement and attached exhibits 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. Contractor, by the signature of its authorized representative, hereby
acknowledges that he 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 Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD BLU SUN I
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By:Authorized ity of Tigard Representative :A thorized Agent of Co tractor
( • (�- `alb G'
Date Date /
EXHIBIT A
SERVICES TO BE PROVIDED
SCOPE OF SERVICES
Contractor will provide temporary staffing of employees capable of performing the following tasks:
• Participates in a variety of technical landscape construction duties, including planting flowers,
shrubs,and trees,pruning and repairing damaged trees,making and repairing tree wells,irrigating,
mowing,and fertilizing turf,and trimming,planting,fertilizing,and pruning shrubs.
• Participates in inspecting, maintaining, repairing, and constructing developed and undeveloped
parks,playgrounds,athletic fields,and other related facilities and properties.
• Assists with installing, inspecting, and maintaining park equipment and grounds to ensure safe
operating conditions for citizens,including basic maintenance duties such as fabrication,painting,
and carpentry.
• Maintains parks and landscapes in a clean and safe condition, including picking up trash and
maintaining trash receptacles,and cleaning and repairing restrooms.
• Maintains park appearance,including mowing, trimming, edging, fertilizing,watering lawns and
other landscaped areas,and removing graffiti.
• Participates in installing and repairing irrigation equipment, including installing irrigation pipes,
testing systems,and making repairs.
• Observes safe work methods and makes appropriate use of related safety equipment as required.
• Operates specialized vehicles and a variety of light,medium, and heavy equipment related to the
construction, maintenance, and repair city infrastructure, facilities, and systems within the
functional area of assignment.
• Operates a variety of hand and power tools and equipment related to work assignment as
instructed.
• Maintains work areas in a clean and orderly condition,including securing equipment at the close
of the workday.
• Installs street barricades and cones,and controls traffic around work sites to ensure safe conditions
for the general public and city workers.
• Performs related duties as assigned.
MINIMUM QUALIFICATIONS FOR ASSIGNED PERSONNEL
Knowledge of-
• The operation and minor maintenance of a variety of hand and power tools,vehicles,and power
equipment.
• Basic traffic control procedures and traffic sign regulations.
• Applicable Federal,State,and local laws,codes,and regulations.
• Safety equipment and practices related to the work,including the handling of hazardous chemicals.
• Safe driving rules and practices.
• Basic record keeping principles and procedures.
• Basic computer software related to work.
• Techniques for providing a high level of customer service to public and city staff,in person and
occasionally over the telephone.
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Ability to:
• Learn to perform construction,modification,maintenance,and repair work on parks,landscapes,
and street trees such as found throughout the city.
• Operate specialized maintenance and repair equipment related to the area of assignment.
• Set up and operate traffic area construction zones,including cones,barricades,and flagging.
■ Locate underground utilities by use of blue prints and electronic locating equipment in accordance
with appropriate regulations,depending on assignment.
• Troubleshoot maintenance problems and determine materials and supplies required for repair.
• Duke accurate mathematical calculations.
• Read and interpret construction drav-ings and specifications.
• Safely and effectively use and operate hand tools, mechanical equipment, power tools, and
equipment required for the work.
• Perform routine equipment maintenance.
• Maintain accurate logs,records,and basic written and computerized records of work performed.
• Follow department policies and procedures related to assigned duties.
• Understand and follow oral and written instructions.
• Organize ovm work,set priorities,and meet critical time deadlines.
• Comprehend and use English effectively including producing all forms of communication in a
clear,concise and understandable manner to intended audiences.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and
legal guidelines.
• Establish, maintain, and foster positive and harmonious working relationships with those
contacted in the course of work.
HOURLY RATE
All work shall be billed at a rate of Twenty Two and 80/100 Dollars ($22.80) per hour. Oi-ertime
rates shall begin at any individual assignment over 40 hours in calendar week. The Overtime Rate
shall be Thirty Four and 20/100 Dollars ($34.20) per hour. All bills submitted to the City by
Contractor must list total number of hours worked during that billing cycle. Contractor may increase
its rates provided under this Agreement to reflect increases in Contractor's costs of doing business,
including costs associated with higher wages for workers and/or related tax,benefit and other costs.
Contractor will provide written or verbal notice of the increase in rates. Any increase in rates will be
prospective,starting as of the effective date Contractor specifies.
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