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Robert G Jossis ~ C180053 CITY OF TIGARD, OREGON-CONTRACT SUMMARYFORM THIS FORMMUST ACCOMPANY EVERY CONTRACT Contract Title: Presenter Agreement-Robert G.Jossis Number: Contractor: Robert G..Jossis Contract Total: $20,000 Contract Overview: Presenter shall provide on-call training,mentoring and coachingto o City of 11g4 d Engineering project management staff.Work may occur as tixesentations meetings and/or one on one consultations. Initial Risk Level: [] Extreme ❑ High ❑Moderate ®Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Lori Faha Ext: 2759 Department: PW Engineering T)Te: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc ❑ Engineering Svc ® Other: Presenter Agree. Start Date: 5/15/18 End Date: 6 30 19 Quotes/Bids//Proposal: FIRM AMOUNT/SCORE Robert G.jossis (HR Approved) $ 0,000 Account String: Fund-Division-Account Work Order-Activity Tvye Amount FY 2017 18 100-6250-54001 $2,000 FY 2018 19 640-6250-54001 $18,000 FY FY FY Approvals- LCRB Date: Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract CUIV OF TIGARD,OREGON MoiF.m-RA Fg G _MLNT I'CA XqI THISAt:REEMENT made and entered into thisiglay ofM"I plolirby and between the City of Tigard,a municipal cotporation of the State of Oregon,hereinafter called City,and Robert G Jo-ms-7 hereinafter called Presenter. REcrrAM WHEREAS, City has need for the SLrvices, of a company or individual vitha paruicular training, abiliq, knoNvIcdge,and experience possessed IYV Presenter, ' � a., - and WHEREAS, City has detertruned that 1'resenter is , qualified and capabic of performing the ptokistorrahs.ervices Its Cio'-,docs herC11111fter require,under tho3c tcrMs and conditions sm forth- TlYIEREFORE,the Parties agree as follows: P.e LQ UWARA Pxe5vriu-t shau intuatc ";mvlces uwm rcceipt of City's notice to proceed together with :�rj executed copy res thills Agreement, I'n-'senter agTees to cornpletc work that is detailed in Exhibit A—&om of Work and by tfus reCerence ruade.a part ficreof, RATIO This Agreement shall become effective upon signature by both patties and shall expire, unless otherwise terminated or extended, on June 30, 1019, All work under this Agrecmcnt shall 1,,e cntrpte4ed prior to the expiration of this Agrectrient. COhMf&.§ATI0?-; City agrees to pay Presenter an amount not to exceed Twent- Thousand dollats ($20,(X)0.00) for performance of those services described in this Agreement, City will not compensate Presenter for travel to or from the work location at City Hall, including travel time or mileage. 'Payment will be I trade based on Presenter's invoice,subject to the approval oL f the City,and not more frcqucat y than nionthly. Payment shall be payable within thirty(30)days ftom the date of the Presenter's invoice. -ComrAgI INFogM&TjQ�N A-11 nodcos, bills,and payments shall be made in'wrtiting and may be given by per%onal dehveryr,mad, or fax. payments may be delivered by personal delivery,mail, or clectronic'transfer. '1'*.hc following addresses and contacts shall be used to transmit notices,bins,pay-meats,anti other information: run,of TIGARD (PRESENTLR) Attn.:-Lon'Fahla Attn: Robert G josl�if Address: 13125 SW Hall Boulevard l Address- 12512 Centerwood'Ro-d,SE Tigard, Oregon 97223 Jefferson,OR 97352 Phone: (503)718-27-:,9 Phone: ffj3 385-7628 E-mail: Vi ' Email: 6o5si%66 gmail.com PRESENTER As INDEPENDENT CONTRACTOR Presenter acknowledges that for all purposes related to this Agreement,Presenter is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City,shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event that Presenter is found by a court of law or anyadministrative agency to be an employee of City for any purpose,City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Presenter under the tens of this Agreement,to the full extent of any benefits or other remuneration Presenter receives(from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Presenter or to a third party) as a result of said finding. Presenter acknowledges that for all purposes related to this Agreement,Presenter is not an officer,employee,or agent of the City as those terns are used in ORS 30.265. ITY QF TIGARD BusnyESs I..ICENSE Presenter shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 3V expiration date. New businesses operating in Tigard after June 30" of the current year will pay a pro- rated fee though the end of the calendar year. INDEMNIFICATION City has relied upon the experience, ability,and training of Presenter as a material inducement to enter into this Agreement. Presenter warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal,state and local laws,is being understood that acceptance of a Presenter's work by City shall not operate as a waiver or release. Presenter agrees to indemnify and defend the City,its officers,employees,agents and representatives and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or expenses including attorney's fees and witness costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies) that may be asserted by any person or entity which in any way arise from,during or in connection with the performance of the work described in this contract, except liability arising out of the proportional negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal workers compensation laws. I f any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of this indemnification. INSURANCE If driving is required by this AgreLment,automobile insurance is required in accordance with the laws of the State of Oregon. Proof of such insurance is required to be provided to the City Contact prior to the commencement of work The procuring of such required insurance shall not be construed to limit Presenter's liability hereunder. Notwithstanding said insurance,Presenter shall be obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this Agreement Driving to and from the work location at City Hall is distinct from,and not considered driving required by this Agreement, HR Presenter Agreement TERU NATION The Parties agree that any decision by either party to terminate this Agreement before either before the work is completed or the 30th day of June,2019 shall be accompanied by thirty(30) days'written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Presenter for services rendered prorated to the date of termination. _AGREMMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all Parties. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be eadded to possession of any and all work products of Presenter which result from this Agreement,including any computations,plans,correspondence or pertinent data and information gathered by or computed by Presenter prior to termination of this Agreement by Presenter or upon completion of the work pursuant to this Agreement. foyERNING LAW Presenter shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status,age,medical condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapters 279A, 279$, and 279C to be included in a contract of this type are incorporated into &ds Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable,Presenter must make payment promptly as due to persons supplying Presenter labor or materials for the execution of the work provided by this order. Presenter must pay all contributions or amounts due from Presenter to the Industrial Accident Fund incurred in the performance of this order Presenter shall not permit any lien or claim to be filed or prosecuted against City on account of any labor or material to be finnished. Presenter fiu'ther agrees to pay to the Deparnment of Revenue all sums withheld from employees pursuant to ORS 316-167. COMPLETE AGREEMENT This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waver, consent,modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver,consent,modification,or change if made,shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Presenter, by the signature of its authorized representative, hereby acknowledges that Presenter has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized undersigned officials. HR Presenter Agreement WY OF MGARD RO RT GIOSSiS ; ` y: Authorized City Official By: Authorized Ageat.bf Presenter Name Name ,e—12, n4hnnhlolh Dato Date HR Presenter Agreement 4 EXIMITKIT—A acapg j-&M,Q- U Presenter shall prmide on cell training, mentoring and coaching to City of T4 and f�',nginecung pro;e,t mamiglement staff This«.-ark may occut,as presentations,mee I I ting�, and/or one on one consultations and is;Kvitic$j),Vf!d W JEACRI(IC dfl,-' topiCS.- Nolect Ntuiagement Fund=cnrals D=eveloping clear work scopes Project budget estimating best practices Consulta,rit contracting and iwnagenwnt principles Prcpa.vforioa of clear and defensible con.strut-6,7,11 Colitract docklment", Brcsprncdces fur construction contra"cwc-ts-IgjIt * Methods&-.r idewifyiag mid resolving issucs and disputes during design and r-i-Nnstruction * Ptokct close-nutowthri(:k Presenter shall proxndc fi.xdb;IC-1k to ptoiect management staff and the City Engineer on recommended follow up tt-itting,doruirwnf.updates,and/or process updates that Presenter feels may be beneficial to rd HR Presenter Agreement i