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CFM Strategic Communications ~ C170038 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C170038a5 Contract Start Date: 11 1 16 Contract End Date: 10 31 23 Contract Title: Federal Governmental Affairs Consulting and Lobbying Services, State of Oregon Lobbying Services Contractor Name: CFM Strategic Communications,Inc. Contract Manager: Nicole Hendrix Department: City Management Contract Costs Original Contract Amount: $6,250 monthly /$75,000.00 annually Total All Previous Amendments: Total of this Amendment: $150,000.00 Total Contract Amount: $434,292.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: 2017 Federal Lobbying Services LCRB Date: Account String: Fund-Division-Account Work Order-Activity Tae Amount FY 22 600-1000-54001 $75,000.00 FY 23 600-1000-54001 $75,000.00 FY FY FY Contracts & Purchasing Approval Purchasing Signature: `Ix- Comments: Original contract$6,2500.00 monthly/$75,000 annually,Amendment 1 reduced to $37,512.00 annually,Amendment 2 added $32,500 one-time for FY 20,Amendment 3 no cost,Amendment 4 reinstated $6,250.00 monthly. Total spend to date is $284,291.21 + $150,00.00 = $434,291.21. City Council originally authorized$350,000.00. This amendment is within the authority of City Manager. DocuSign Routing Route for Signature Name Email Address Contractor Joel Rubin ioelr(c�r�,cfmdc.com City of Tigard Steve Rymer steverktigard-or.gov Final Distribution Contractor Joe Rubin 'eolr cfmdc.com Project Manager Nicole Hendrix nicoler ti and-or. ov Buyer Christine Moody christine ti and-or. ov DocuSign Envelope ID: DBFF4D2D-CF98-4313-BB93-AD9E67CD072F CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT C170038 FEDERAL GOVERNMENTAL AFFAIRS CONSULTING AND LOBBYING SERVICES STATE OF OREGON LOBBYING SERVICES AMENDMENT #5 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and CFM Strategic Communications, Inc, hereinafter referred to as Contractor, entered into on the 1S` day of November 2016,is hereby amended as follows: 1. EFFECTIVE DATE AND DURATION The term of this contract is extended for two (2) years until October 31, 2023. 2. COMPENSATION The City agrees to pay Contractor$6,250.00 per month for a total not to exceed amount through the end of the contract term of October 31, 2023 of $150,000.00. The total not to exceed amount of the Agreement is $434,292.00. 3. NOTICES The City's contract administrator is changed to: Nicole Hendrix, Sr. Management Analyst nicoleh&tigard-or.gov (503) 718-2416 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 CFM STRATEGIC COMMUNICATIONS,INC by: ly: Eta, Signature Signature Steve Rymer Joel Rubin Printed Name Printed Name 10/14/2021 10/13/2021 Date Date City of Tigard CONTRACT CHANGE ORDER 13125 SW Hall Blvd. � Tigard, Oregon 97223 AMENDMENT SUMMARY Phone- (503) 639-4171 ' FIELD CHANGE ORDER FORM Fax- (503) 684-7297 www.tigard-or.gov Project Title: Federal Governmental Affairs Project Manager: Kathy Nyland Consulting&Lobbying Services & State of Oregon Lobbying Services Contractor: CFM Strategic Communications,Inc I Original Contract#: C170038 Effective Dates: 2/8/21 Chane Order Amendment Amount: $0 Accounting String: 600-1000-54001 Amendment Percentage Running Total: % AMENDMENT DETAILS Reinstating the original amount of$6,250.00 monthly until the end of the contract term 10/31/2021. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature Signature 02/09/2021 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 the Signature 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 theproject's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT FEDERAL GOVERNMENTAL AFFAIRS CONSULTING AND LOBBYING SERVICES STATE OF OREGON LOBBYING SERVICES C170038 AMENDMENT #4 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and CFM Strategic Communications, Inc, hereinafter referred to as Contractor, entered into on the 1" day of November,2016,is hereby amended as follows: 3. COMPENSATION The City agrees to pay Consultant in accordance with the 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 total amount paid to the Contractor by the City is Six Thousand Two Hundred Fifty and No/100 Dollars ($6,250.00) per month. For a total not to exceed amount through the end of the contract term of October 31, 2021 of Fifty-Six Thousand Two Hundred Fifty and No/100 Dollars ($56,250.00). 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 CFM STRATEGIC COMMUNICATIONS,INC Signature Signa re Steve Rymer Joel Rubin Printed Name Printed Name 02/09/2021 2/8/2021 Date Date City of Tigard October 8, 2020 CFM Strategic Communications Attn:Joel Rubin 820 First St NE Ste 710 Washington, DC 20002 REF.: Federal Governmental Affairs Consulting and Lobbying Services Period: November 1, 2020 through October 31, 2021 CONTRACT NOTICE OF AWARD — RENEWAL Contract# C170038 Dear Joel Rubin, The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its second (2) and final one-year extension to the Contract effective from November 1, 2020 through October 31, 2021. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with CFM Strategic Communications. Sincerely, Jamie Greenberg Purchasing Specialist 503-718-2492 jamie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms,and conditions as set forth in the above referenced Contract. Company: CFM Advocates Signed: w xaz'�4'�' Date: 10/9/2020 Printed: Joel Rubin City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. 41 AMENDMENT SUMMARY Tigard,Oregon 97223 Phone- (503) 639-4171 FIELD CHANGE ORDER FORM Fax- (503) 684-7297 1; 1 1 J9www.ti and-or. ov Project Title: Federal Governmental Affairs Project Manager: Marty Wine Consulting&Lobbying Services & State of Oregon Lobbying Services Contractor: CFM Strategic Communications,Inc Original Contract#: C170038 Effective Dates: 5/07/2020 Chane Order Amendment Amount: N/A Accounting String: 600-1000-54001 Amendment Percentage Running Total: % AMENDMENT DETAILS Add FEMA contract provisions. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGER APPROVING STAFF Signature ignature 5/20/2020 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 the work. The unit pricing in the original contract shall apply to all Signature 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. Date CITY ov TIGARD,OREGON AMENDMENT TO CONTRACT FEDERAL GOVERNMENTAL AFFAIRS CONSULTING AND LOBBYING SERVICES STATE OF OREGON LOBBYING SERVICES Cf70038 AMENDMENT #3 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and CFA J Strategic Communications,Inc, hereinafter referred to as Contractor, entered into on the 1" day of November,2016,is hereby amended as follows; FEDERAL CONTRACT CLAUSES Required for all Agreements that are funded in whole or in part by Federal Grant Funds required in non- Federal entity's contracts,enclosed hereto as Attachment C. IN WITNESS WFIEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed ti-iis Amendment upon signature and date listed below. CITY OF TIGARD CFM ST IC dMMUNI.CATIONS,INC ,fiE Signature SFgn Martha Wine �G7e' Printed N ainc Printed Name 5/20/2020 -517 / 2,0 Date Date Attachment C Contract Clauses Required by 2 C.F.R§ 200.326 &Appendix II A. Equal Employment Opportunity. During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include,but not be limited to the following: Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color,religion, sex,or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary ofLabor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965,and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:Provided,however,That in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Copeland"Anti-Kickback"Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. C. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). In addition to other general provisions in the Contract, if this Contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act and shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. D. Clean Air Act (42 U.S.C.55 7401-7671g) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). as amended. In addition to any applicable State and local environmental laws and regulations and/or provisions elsewhere in the Contract,if this Contract is in excess of$150,000,then Contractor must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. §�7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. §§ 1251-1387). Contractor(or subcontractor) agrees to report each violation to the Oregon Office of Emergency Management and understands and agrees that the Oregon Office of Emergency Management will, in turn, report each violation as required to ensure notification to the City, Federal Emergency Management Agency, and the appropriate Regional Office of the Environmental Protection Agency(EPA). E. Debarment and Suspension (Executive Orders 12549 and 12689). A party shall not be eligible for a contract award (see 2 CFR 180.995) if that parry is listed on the government wide exclusions in the System for Award Management (SAM.gov),in accordance with the OMS guidelines at 2 CFR pt. 180 and 2 CFR pt. 3000 that implement Executive Orders 12549 (3 CFR part 1986 Camp.,p. 189 and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. In entering into this Contract, Contractor certifies that Contractor and its subcontractor(s) are not on the SAM Exclusions list; Further Contractor and any subcontractor(s) are on notice that inclusion on the SAM Exclusions list during the term of the Contract shall be a basis for material breach of the Contract. This certification is a material representation of fact relied upon by the City of Tigard. If it is later determined that the Contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the Oregon Office of Emergency Management and the City of Tigard,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. F. Byrd Anti-Lobbying Amendment. 31 U.S.C. � 1352 (as amended). Contractors that apply or bid for an award exceeding$100,000 must file the required certification under the"Byrd Anti- Lobbying Amendment."Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. b. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. 5 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. G. Procurement of Recovered Materials. When the purchase price of the item on this contract exceeds $10,000, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired; 1) competitively within a timeframe providing for compliance with the contract performance schedule;2) meeting contract performance requirements;or 3) at a reasonable price. Information about this requirement is available at: htti2s://www.e a.gov/smm/comprehensive-12rocurement-gqideline-Cpg-program Contractor also agrees to comply with all other requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records. Contractor agrees to provide Oregon Office of Emergency Management,the City of Tigard,the FEMA Administrator, the Comptroller General of the United States,or any of their authorized representatives access to any books,documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts,and transcriptions. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions. Contractor agrees to permit FEMA Administrator or his authorized representatives'access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal,Logo,and Flags. Contractor shall not use the DHS seal(s),logos,crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. J. Compliance with Federal Law,Regulations,and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.The contractor will comply with all applicable federal laws,regulations,executive orders,FEMA policies,procedures and directives K. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity,contractor,or any other parry pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. City of Tigard CONTRACT CHANGE ORDER 13125 SW Hall Blvd. s Tigard,Oregon 97223 ■ AMENDMENT SUMMARY Phone- (503) 639-4171 FIELD CHANGE ORDER FORM Fax- (5 03) 684-7297 .ti a d-or. ov Project Title: Federal Governmental Affairs Project Manager: Marty Wine Consulting&Lobbying Services &State of Oregon Lobbrin = Services Contractor: CFM Strategic Communications, Inc Original Contract#: C170038 Effective Dates: 8/27/2019 Chane Order/Amendment Amount: $32,500 Accounting, String: 600-1000-54001 Amendment Percentage Running Total: % AMENDMENT DETAILS Additional scope to add State Lobbying services for Fli hwa- 99W infrastructure development with other cities in Was on County in a collaborative way. To help secure future state funding. Cities include Sherwood,Washington County, City,Tualatin. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ State Lobbying Services $32,500 REASONING FOR CHANGE ORDER/AMENDMENT BUDGET IMPACT AND REQUIRED ACTIONS I REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature 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 the Signature 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 theproject's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT FEDERAL GOVERNMENTAL AFFAIRS CONSULTING AND LOBBYING SERVICES STATE OF OREGON LUHI311NG SERVICES C170035 AMENDMENT #2 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and CFNI Strategic Communications, Inc, hereinafter referred to as Contractor, entered into on the 1 s` day of November,2016,is hereby amended as follows: 3. COMPENSATION The City agrees to pay Consultant in accordance with the 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 total amount paid to the Consultant by the City shall not exceed Thirty Seven Thousand Five Hundred Twelve and No/100 Dollars ($37,512) annually for federal (,ovc mincatal_Affairs t:ansalt t ig and Lobhvurg Set-c-ice;,if all tiv;Ls are cornpicred. 7`he Total amount paid to the Coosultattt bt the C'm ;hall taut exctscd"1'htrty-lwo Tliousand Diver FIutidted uttd No/I(H1 t?f>llars (S32,500.UI)) during the l Z'20 19- 21l2CI State l,egislatii e �essiuu. All hourly rates shall be in compliance with Attachment B "Rate Proposal." Any and all payments made to the Consultant shall be based upon the following applicable terms: ADDITI,urivAL SCOPE Secttruig State Funding in,urpnrt t�f a C7R Fligh�ca���Jr�1�'infrasrntcntre dt�•r.1optnent report. 1ugu r thio ugh Dc:c:tmber - 2020 L.eRgislative Ses*ion 1 Dixcm-en,Sessi0tr I of the deeds of 1 iiNrdaiid parttciparing,coalition partners. Include mcerings and phone dells bctxc c_et7 Consultant and local municipalitie . li l:esrat:ch;end ltakc hultler Engag crncnt: ��'urk with Ure gtatr 1)eharttnEttt t.,f T'ranspurtatt��n(()1)(�"1), ct);Jlition partners and ,mkcholders to lead com uuurN co[Wersation;; ott the -;Cc e 4 0R Fligh��ac 9t)W (99X9) 11rfra4ructtire deeds and inrestinents. O1)(-)1 is, cttn iderwg hiring a tIrm to ctigtge the public req rhos, issue, (;c,nsnitattf «"Ill ivake the argument that t single, cotitinual turn ii irr the best wrerest of the project. C. l,egislaw-c and .lgrttCv Chrtteach: deet with legislators to educates and gaits ttiitial sttppott for fumling tecluest. .�. i ftrt stakeholder entrtgetnetit arid t 11)()1'sct-pe process occurs,rearm to targeted lawmaker, atnd provide addition.il adv ucac, tturt:rial, utcssagiiig aml talking paint;. h lirgin early c(im-crsatic+ns with IegislariY e leadership, thc� (;overnur's office and (:�►W)1 torr ttreeded fundmg. 1). Dei�elop :WN-ocacc Xiaterial: (_)tree adt aUrCT n-laterzitl is finalized resulrVig froth stakeholder com'ersatiowi and 01)O f scope hrocVss, di.scrt9tttte to kev partners atad decrsi()tt rnakers. 11(c;,il)h develop ourreac h marcrial for 10cn1&CTed leaders to use rn cwntnittltcation-,virh state deci,;ion tnakcts, op-eds and ether tnecita content. :1 1','rt'titt.11 Idea 141)nnaty-teal licaring duringr \overnbcr legislil u%t' dai, 'I�-2(1'. in frollt o tIic Joint I rall-rtirtati, n ('onimit£ec it) diz cwi s 9%\ b�liC'; ill Id devil riot' .1 colliprel1cn>lCe rept 5rt. lunuart rIu•ou,�2h \[arch — 21 1_2( I,egiShItlt C"e.sttul .1, Hliali/e ad\ocacV material and t-hstribure to lacvinakers B. t'()ntinuL• takch.lldc•r e1177agenicnt and outline sttatCg; fr,r client and co,ilirton partners it c engage»irh legislative process throtl, h nleetllIgS, testimony, calls,email,, etc. (.. Hold x eekly meetings u ith relevant conlinittce chair,, (;r kvernor, office and other key srakcholder, to gain support for funding reyue�t D. IdenufA and opposition and seek to tnui�pttc their itllpact I'.. llarricip:uc In hearMs ar the ,tare legislature, co,irdinating ciry staff and elected officials as needed I I'rcvide ,rates updates on a �\eekh• hasls and be ay:uilablc Io ciri •raff, coalition partner, and or Icadrrship f{,r further conversations on political issues (;. I)ntvide a final leyislative report wirhin 31►days of close of M'2019-211211 State Legislative Sessuoll Cost and Schedule: The additional scope outlined ahm e beginning in _lugust 019 and continuing thn aigh the 0211 legislatil e ses,ion (March 2020). Proposed budget S32,5M from the (-.it\ )f Tigard and coalition partners. Si,Z1U1 niontlih retailer for strategic planning and tngagcnlent dowing_AUgLI-t through Deccrnh t. S3.000 monthly retainer durilig the busy legislative session months January through March. M,,nrhlc costs coyer all tune and material cows. (:onsulr inr will be rcinlbur,vd for nuleage expenses trot to exceed S2.01?11 for the duration of the I.1 019- 020 State l.cgislative se.,sion. 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 T IGARLICFM S COMMLf1ffICATIONS,INC Signature St e Printed Name Printed Name Date Date Attachment B Updated Rate Proposal July 1,2018 Cot Structure CFM is prepared to provide a significant 50% discount from our normal hourly billing rates.As an Oregon Company, we are proud to represent you in our nation's capital. Our bottom line isn't our top priority. We get enormous satisfaction serving our community and working on issues that improve our state.We propose an updated retainer contract in the amount of$3,126 per month($37,512 per year),beginning July 1,2018. The contract includes all out-of-pocket expenses incurred by CFM. Estimated Estimated Estimated CFM Team Hourly Rate Monthly Hours Annual Hours Annual Staffing Cost Joel Rubin $ 350 8 96 $ 33,600 Michael Skipper $ 250 9 108 $ 27,000 Kirby Garrett $ 250 2 24 $ 6,000 Gary Conklin $ 350 1 12 $ 4,200 Totals 201 240 $ 70,800 (50% discount applied to total annual staff cost) $35,400 Staffing subtotal !$ 35,400 Estimated annual expenses CFM staff travel & travel expenses $1,500 Telecommunications charges (i.e.; telephone, PDA's, internet) $310 Business expenses (i.e. insurance, materials) $250 Mail, overnight delivery& courier expenses $55 Expense Subtotal $2,115 Total annual staffing & expenses $ 37,512 Proposed Monthly,Retainer $ 3,126 a City of Tigard October 8, 2019 CFM Strategic Communications Attn:Joel Rubin 820 First Street NE, Suite 710 Washington, D.C. 20002 REF.: Federal Governmental Affairs Consulting and Lobbying Services Period: November 1, 2019 through October 31,2020 CONTRACT NOTICE OF AWARD —RENEWAL Contract# C170038 Dear Mr. Rubin, The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1) one- year extension to the Contract effective from November 1, 2019 through October 31, 2020. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with CFM Strategic Communications. Sincerely, Jamie Greenberg Purchasing Specialist 503-718-2492 jam e@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, a4 agree to be bound by all requirements, terms,and conditions as set forth in the above ref r Contract.` Company: Al S*h Signed: Date: Printed: r✓ CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUS T ACCOMPANYEYERY CONTRACT Contract Title: Federal Govetnmen*al..iffait, C:c nsult+ng and LoblNiug Sex-.-tces Number: 017003$ Contractor. CF'.'N1 Sttategic Communications Contract Total- $7175,000/year Contract Overview AdN ocate for Tigard's federal leolativa agenda,provide support f�t apphcatnons,coordinate W.ashington,DC trips Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Kent Wyatt Ext: 2809 Department City Management Type- ❑ Putchase Agreement x Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ❑ Other: Start Date: 11/1/2016- End Date: 10/31/2019_ Quotes,Bids/Proposal: FIRM AMoum/ScoRR CFM Strategic Communications 98 * CFM was the sole proposer. :account String= Fund-Division-Account Work Order—Activity I=e Amoun FY 16-17 600-1000-54001 FY FY FY FY Approvals - LCRB Date: 10/18/2016 Department Comments: �r Department Signature: �� Purchasing Comments- Purchasing Signature: City Manager Comment City.Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. C �� �3� CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT FEDERAL GOVERNMENTAL AFFAIRS CONSULTING AND LOBBYING SERVICES THIS AGREEMENT made and entered into this 1" day of November, 2016 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Cnf Strategic Communications,Inc.,hereinafter called Consultant. RECITALS WHEREAS, the City's 2016-2017 fiscal year budget provides for services related to federal governmental affairs consulting and lobbying;and WHEREAS,City has need for the services of a company u-ith a particular training,ability,knowledge, and experience possessed by Consultant,and WHEREAS, City has determined that Consultant is qualified and capable of performing the professional services as Cit;-does hereinafter require,under those terms and conditions set forth, THEREFORE, the Parties agree as follows: 1. SERVICES TO BE PROVIDED Consultant shall initiate services immediately, upon receipt of City's notice to proceed together with an executed copy of this_agreement. Consultant 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. EFFECTI`'E DATE AND DURATION This _agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended,on October 31,2019. All work under this Agreement shall be completed prior to the expiration of this.agreement The City and Consultant may agree to up to two (2) mutual one (1) year options. The total term of the contract may not exceed five (5)years. 3. COMPENSATION The City agrees to pay Consultant in accordance with the 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 total amount paid to the Consultant by the City shall not exceed Seventy Five Thousand and No/100 Dollars ($75,000.00) annually if all tasks are completed. All hourly rates shall be in compliance with Attachement B "Rate Proposal." Any and all payments made to the Consultant shall be based upon the folloving applicable terms: A. Payment by City to Consultant for performance of services under this_agreement includes all expenses incurred by Consultant, with the exception of expenses, if anv identified in this Agreement as separately reimbursable. City of Tigard 1 13125 SW Hall Blvd,Tigard, OR 97223 1 (503) 639-41711 www.tigard-or.gov B. Payment will be made in installments based on Consultant's invoice, subject toe approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by City shall release City from any further obligation for payment to Consultant, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Consultant shall pa, to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Consultant fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Consultant or a subcontractor b;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 Consultant. The payment of the claim in this manner shall not relieve Consultant or their surety from obligation with respect to any unpaid claims. H. Consultant 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. I. Consultant 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 Consultant or all sums which Consultant agrees to pay for such services and all moneys and sums which Consultant collected or deducted from the wages of employees pursuant to any lav,, contract or agreement for the purpose of providing or paring for such sen-ice. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding during future fiscal years shall be subject to budget approval by Tigard's City Council. 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of an,and allsvork products of Consultant which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Consultant prior to termination of this Agreement by Consultant or upon completion of the work pursuant to this Agreement. 2017 PSA- Federal Governmental Affairs Consulting and Lobbying Services 2 1 Page 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 City agrees to assignment of tasks to a subcontract, Consultant 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 anv contractual relation between the subcontractor and City. 6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT Consultant certifies that: A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall be deemed to be an independent Consultant as defined by ORS 670.600 and not an employee of Cit;,shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event that Consultant is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due,or to demand repayment of any amounts paid to Consultant under the terms of this Agreement, to the full extent of any benefits or other remuneration Consultant receives (from Cit;- or third parts) as a result of said finding and to the full extent of any payments that City is required to make(to Consultant or to a third party) as a result of said finding. B. The undersigned Consultant hereby represents that no emplo�-ee 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 Consultant, either directly or indirectly, in connection v ith the letting or performance of this Agreement, except as specifically declared in uniting. If this payment is to be charged against Federal funds, Consultant 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. Consultant 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. Consultant 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 31st 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. D. Consultant is not an officer,emplo ee,or agent of the Cit;-as those terms are used in ORS 30.265. 2017 PSA-Federal Governmental Affairs Consulting and Lobbying Ser-ices 3 1 Page 7. INDEMNIFICATION City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Consultant's work byCity shall not operate as a waiver or release. Consultant 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 asserted by any person or entity which in any way arise from, during or in connection v-ith the performance of the work described in this contract, except liability arising out of the sole negligence of the Cit; and its employees. Such indemnification shall also corer claims brought against the Cit;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. 8. INSURANCE Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Consultant's activities or work hereunder,including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Consultant shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Consultant shall obtain,at Consultant'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 (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance v-M 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 B. Commercial Automobile Insurance Consultant shall also obtain, at Consultant'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 on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. 2017 PSA-Federal Governmental Affairs Consulting and Lobbying Services 4 1 Page If Consultant uses a personally-owned vehicle for business use under this contract, the Consultant shall obtain,at Consultant's expense,and keep in effect during the term of the contract,business automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers'Compensation Insurance The Consultant, 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 with 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 provide Oregon workers' compensation coverage for their workers who u ork at a single location within Oregon for more than 30 days in a calendar year. Consultants who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. ;ill non-exempt employers shall provide Employers Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-`'II"or better,or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Self-Insurance The City understands that some Consultants may self-insure for business risks and the City will consider `=.hether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Consultant is self-insured for commercial general liability or automobile liability insurance the Consultant must provide evidence of such self-insurance. The Consultant must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the Cit;% The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Consultant shall famish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the Cit-. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate x711 be sent to the below address prior to coverage expiration. 2017 PSA Federal Governmental Affairs Consulting and Lobbying Services 5 1 Page H. Independent Consultant Status The service or services to be rendered under this contract are those of an independent Consultant. Consultant is not an officer,employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification The parties agree that Consultant'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 a ith the insurance required in this section. J. 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 certificate in form satisfactory-to the City certifying to the issuance of such insurance v.-M be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SV-Hall Blvd. Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy-by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. 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 Consultant's liability hereunder. Notwithstanding said insurance,Consultant shall be obligated for the total amount of anvv damage,injury, or loss caused by negligence or neglect connected v�ith this contract. 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 delivers-, mail or b;fax. Payments ma,-be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CIA V OF`I`IGARD CFM S:' 4A7'T3(c CO3,MiNIUNICKHONS Attn: Bent Wyatt,Sr.Management Analyst Attn: Joel Rubin Address: 13125 SAX'Hall Boulevard Address- 0 First Street NE, Suite+&YT _:�A Tigard,Oregon 97223 bt Washington,D.C. 20002 Phone: (503) 718-2809 Phone: (202) 347-9171 Email: kentwntipard-or.goy Email: joelrncfmdc.com 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 2017 PSA-Federal Governmental Affairs Consulting and Lobbying Services 6 1 Page be made in the names and addresses of the person to who notices, bills and payments are to be given by giving vrritten 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 Consultant that does not represent clients on matters contrary to Cit! interests. Further, Consultant shall not engage services of an attorney and/or other professional who individuallj'or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Consultant represent clients on matters contrar-,T to City interests or engage the services 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, Consultant shall consult v ith the appropriate Cit;representative regarding the conflict. After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated vrithin the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. 12. TERMINATION WITHOUT CAUSE At an- time and u.ithout cause, Citv shall have the right in its sole discretion,to terminate this Agreement by giving notice to Consultant. If City terminates the contract pursuant to this paragraph,it shall pay Consultant for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Consultant, or at such later date as may be established by City,under any of the folloving conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at lei-els sufficient to allow 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 any license or certificate required by law or regulation to be held by Consultant,its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Consultant becomes insolvent,if voluntary or my oluntar7 petition in bankruptcy is filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if there is an assignment for the benefit of creditors of Consultant. 2017 PSA - Federal Governmental.affairs Consulting and Lobbying Services 7 1 Page Any such termination of this agreement under paragraph(A) shall be u.-ithout 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 Consultant, may terminate the whole or any part of this Agreement: 1) If Consultant fails to provide services called for by this agreement within the time specified herein or any extension thereof,or 2) If Consultant 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) dais or such other period as Cit;:may authorize. 3) If Consultant 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 Consultant 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), Consultant shall be entitled to receive as full payment for all services 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 Consultant bear to the total sen-ices 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 Consultant. Damages for breach of contract shall be those alloyed by Oregon law, reasonable and necessary attorne,,- fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Consultant as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. FORCE MA JEURE Neither City nor Consultant 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 delar of subcontractor or supplies due to such cause; prorided that the parties so disenabled shall within ten (10) dw-s 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. 2017 PSA Federal Governmental_affairs Consulting and Lobbying Services 8 1 Page 16. NON-WAIVER The failure of City to insist upon or enforce strict performance by Consultant 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 Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Consultant also shall compl with the Americans v-ith Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Consultant shall perform such additional work as may be necessary- to correct errors in the work required under this Agreement without 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 Consultant 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 Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES U work shall be guaranteed by Consultant for a period of one year after the date of final acceptance of the work by the owner. Consultant vearrants that all practices and procedures, workmanship and materials shall be the best available unless other%ise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Consultant from liability under warranties contained in or implied by this Agreement. 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 Consultant shall comply with all applicable federal,state and local laws,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 vithholding contained in ORS Chapters 279A,279B and 279C, the provisions of which are hereby made a part of this agreement. 2017 PSA- Federal Governmental Affairs Consulting and Lobbying Semites 9 1 Page 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 herev-ith. 25. AUDIT Consultant 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. Consultant 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 an; 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 Where applicable,seller must make payment promptly as due to persons supplying Consultant labor or materials for the execution of the work provided by this order. Consultant shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Consultant further agrees to pay to the Department of Revenue all sums vithheld from employees pursuant to ORS 316.167. 28. HOURS OF LABOR If labor is performed under this order,then no person shall be employed for more than eight (8) hours in any one day,or forty(40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it,and in such cases,except cases of contracts for personal services as defined in ORS 279A.055, the labor shall be paid at least time and a half for all overtime in excess of eight(8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts for personal services as defined in ORS 279-x.055,anv labor shall be paid at least time and a half for all hours worked in excess of forty(40)hours in anv 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 Consultant 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 injui-;,to the employees of such Consultant,of all sums which the Consultant agrees to pay for such services and all moneys and sums which the Consultant collected or deducted from the wages of the employees pursuant to any law, Consultant agreement for the purpose of providing or paying for such service. 2017 PSA -Federal Governmental Affairs Consulting and LobbSing Services 10 1 Page 30. COMPLETE AGREEMENT This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a pro-vision in the main body of the Agreement and a provision in the Exhibits, the provision in the main bods- of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. No waiver,consent,modification,or change of terms of this Agreement shall bind either party unless in wi iting and signed by both parties. Such waiver, consent,modification, or change if made,shall be effective only in specific instances and for the specific purpose given. There are no understandings,agreements,or representations,oral or written,not specified herein regarding this Agreement Consultant, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Consultant has executed this Agreement on the date hereinabove first wn'tten. Awarded by Tigard's Local Contract Review Board at their October 18,2016 meeting. CITY OF IGARD CFM STRATEGIC COMMUNICATIONS,INC. By: M , Pinel,CitF Tanager By:Authorized Agent of Consultant NOL) 2, f► 11, Date Date 2017 PSA - Federal Governmental Affairs Consulting and Lobbying Ser rices 111 Page ATTACHMENT A SCOPE OF SERVICES The Consultant will be responsible for the following deliverables: 1. Providing strategic and tactical advice and counsel relative to governmental issues affecting the City. Common issue areas include,but are not limited to,transportation,housing,land use,urban development and redevelopment,public safety,environment,tax credits,economic development, and state and federal funding. 0 Due: Ongoing 2. Assisting the City in pursuing and securing federal, state and local governmental program and discretionary funding, particularly for transportation, economic development and financing programs. • Due: Ongoing 3. Coordinating Washington,DC visits for Citv Council,City Manager and other key staff. Including arranging and accompanying City representatives to meetings with members of Congress, staff, and key administration officials. • Due: Up to three times a year 4. Providing oral reports to City staff and Cita-Council in Tigard. 0 Due: Twice per calendar year 5. Providing written end of annual Congressional session report. • Due: December 15'of each calendar year 6. Submitting monthly vritten update reports to provide project manager with updates on relevant federal legislation, availability of appropriations and grants relevant to Tigard's needs and other relevant federal activities impacting local government. • Due: Last Friday of each month 7. Assisting the City in developing and sustaining long-term substantive relationships v.ith state and federal elected and appointed officials. • Due: Ongoing 2017 PSA- Federal Governmental Affairs Consulting and Lobbying Services 12 1 Page ATTACHMENT B RATE PROPOSAL 2017 PSA-Federal Governmental Affairs Consulting and Lobbying Services 13 Page Cresearch marketing public relations r.public affairs r-federal lobbying t=state lobbying f• no®F----_- ! =3 Q =A I- L',.r 1r=Xt 1_ _1 t i INT%1 strategic communications,ma 503.294 9120 www.cinwnline com 1100 SW Sixth Avenue,Suite 1425 Portland,Oregon 97204 6. Cost Structure The proposed fee structure should include the complete breakout for the Contractor's costs to provide all of the services under the subsequent contract. CFM is prepared to provide a significant 25% discount from our normal hourly billing rates. As an Oregon Company,we are proud to represent you in our nation's capital. Our bottom line isn't our top priority.We get enormous satisfaction serving our community and working on issues that improve our state.We propose a retainer contract in the amount of$5,860 per month($70,320 per year),beginning with the award of the contract.The contract includes all out-of-pocket expenses incurred by CFM. CFM Team Hourly Rate Estimated Estimated Estimated Annual Monthly Hours Annual Hours Staffing Cost Joel Rubin $ 300 15 180 $ 54,000 Michael Skipper $ 200 11 132 $ 26,400 Pae Phillips $ 250 2 24 $ 6,000 Gary Conk-ling $ 350 1 12 $ 4,200 Totals 29 348 $ 90,600 (25%discount applied to total annual staff cost) Staffing subtotal $ 67,950 Estimated annual expenses CFM staff travel& travel expenses $1,750 Telecommunications charges (i.e.; telephone, PDA's, internet) $310 Business expenses (i.e. insurance, materials) $250 Mail, overnight delivery& courier expenses $55 Expense Subtotal $2,365 Total annual staffing & expenses $ 701315 Proposed Monthly Retainer $ 5,860 20