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How To Story ~ C190056 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTA CCOMP"YEVER Y CONTRACT) /1 ����� Contract Title: State of the Ci Consultant Number: l/ Contractor: How to Story. Contract Total- $1,300 Contract Over-,iew. To provide guidance and ans-wet questions related to the State of the Cit-campaign throughout February/Match ='019 Initial Risk Level. ❑ Extreme ❑ High F] Moderate ❑Low Risk Reduction Steps: Risk Comments: Risk Signature. Contract Manager: Kent Wyatt Ext. 2809 Department: Communications Type: ® PersonalSvc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date- 3/14/2019_End Date: 3/31/2019_ Quotes/Bids/Proposal: FIRM AMOUNT'/Scorn How to Story Direct..A, pointment Account.String: Fund-Division-Account Work Order—Activity'Tyke Amount FY 2019 600-1300-54001 $1,300 FY FY FY FY A_nprovab - LCRB Date: Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: Aker securing all required approvals, forward orlginal copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT STATE OF THE CITY CONSULTANT THIS AGREEMENT made and entered into this 12" day of February, 2019 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City," and How to Story, hereinafter called "Contractor," collectively called the "Parties". RECITALS WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth: THEREFORE, the Parties agree as follows: 1. SCOPE OF SERVICES Contractor will initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A — Scope of Work and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon signature by both parties and will expire, unless otherwise terminated or extended,on March 31,2019. All work under this Agreement will be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not to exceed One Thousand Three Hundred and No/100 Dollars ($1,300.00) for performance of those services described in this Agreement and Exhibit A. Payment will be made based on Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment will be made within thirty(30) days from the date of the Contractor's invoice. 4. CONTACT INFORMATION All notices, bills, and payments will be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery,mail,or electronic transfer. The following addresses and contacts will be used to transmit notices,bills,payments,and other information: CM OF TIG.WD HOW TO STORY Attn: Kent Wyatt,Communications Manager Attn: David Sewell McCann Address: 13125 SW Hall Boulevard Address: 1100 Taulbee Lane Tigard, Oregon 97223 Austin,Texas 78757 Phone: (503) 718-2809 Phone: Email: kentw a)ti d-or.rov Email: david edavidsew:llmccann.com 5. CONTRACTOR As INDEPENDENT CONTRACTOR Contractor, in carrying out the services to be provided under this contract, is acting as an independent contractor and is not an employee of City,and as such accepts full responsibility for taxes or other obligations associated with an independent contractor and their payment for services under this contract. As an independent contractor,Contractor will not receive any benefits normally accruing to City employees. 6. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws,it being understood that acceptance of a contractor's work by City does not operate as a waiver or release. 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 other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract,except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 7. INSURANCE Contractor must maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance must cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor must provide at least the following limits and coverages: A. Automobile Liability Insurance Contractor must also obtain, at contractor's expense,and keep in effect during the term of the contract, Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The following insurance will be carried: Coverage Limit Aggregate,Per Accident $300,000 Per Person $100,000 Property Damage $100,000 At no point under this Agreement shall the Contractor transport any other persons as part of the work. Insurance levels assume and require local driving only and Contractor shall not receive any mileage compensation under this Agreement. B. 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. 2019 PSA- State of the City Consultant 2 1 ' C. Workers' Compensation Insurance The Contractor and all employers providing work,labor or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law must comply with ORS 656.017, which requires them to provide workers'compensation coverage that satisfies Oregon law for all subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers'compensation coverage for workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the labor of any employee need not obtain such coverage. This includes Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Certificates of Insurance or Copies of Auto Insurance Coverage As evidence of the insurance coverage required by the contract, the Contractor will furnish a Certificate of Insurance or copies of their auto insurance to the City. A contract is not effective until the City receives and approves the required certificates. The procuring of such required insurance does not limit contractor's liability hereunder. Notwithstanding said insurance,Contractor is obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. S. TERMINATION The Parties agree that any decision by either party to terminate this Agreement before either before the work is completed or the 1"day of March, 2019 must be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There is no penalty for early termination. If City terminates the contract pursuant to this paragraph,it will pay Contractor for services rendered prorated to the date of termination. 9. AGREEMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all parties. 10. OWNERSHIP OF WORK PRODUCT City will be the owner of and is entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. 11. CHOICE OF LAw,VENUE The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 12. COMPLIANCE WITH STATE AND FEDERAL LAWS,RULES Contractor must 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 will be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapters 279A,279B,and 279C to be included in a contract of this type are incorporated into this Agreement as though fully set forth herein. 2019 PSA-State of the City Consultant 3 1 f' .i 13. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, Contractor 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 may 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. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 14. SEVERABILITY If any provision of this contract as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable,the same shall in no way affect any other provision of this contract or the validity or enforceability of the contract. 15. NONDISCRIMINATION No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this contract on the grounds of race, color, religion, gender, sexual orientation,national origin,disability,age,or marital status.Any violation of this provision shall be considered a material defect of the contract and shall be grounds for cancellation, termination, or suspension in whole or in part by the City. 16. SURyIyAL The terms, conditions, representations, and all warranties contained in this contract shall survive the termination or expiration of this contract. 17. COMPLETE AGREEMENT This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver, consent,modification,or change of terms of this Agreement will bind either parry unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, will be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written,not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative, hereby acknowledges that they have read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY O IG How TO STORY By: AutMorize Representative y: Authorizedgennt�off Contractor Piq 3-5 'lF Date Date 2019 PSA -State of the City Consultant 4 l' .� e EXHIBIT A SCOPE OF SERVICES Task 1 Five—30-minute video/phone consultations to be scheduled at specific intervals over 6 weeks. Task 2 Video/phone consultations to provide guidance, and answer questions related to the State of the City campaign as they arise throughout February/March 2019. 2019 PSA - State of the City Consultant 5 1 P .1 how to stpry with day-id --Sewell McCann PROPOSAL Organization: City of Tigard Event Type/Name: Communications Consultations Consultant: David Sewell McCann Contract Date(s): February—March 2019 Option 1: Five—30-minute video/phone consultations to be scheduled at specific intervals over 6 weeks. Fee:$500 Option 2: Retainer for as needed video/phone consultations to provide guidance, and answer questions related to the State of the City campaign as they arise throughout February/March 2019 Fee:$800* *We have discounted this option in exchange for a video testimonial after the work is completed for use on the How to Story website and in our Associated Fees: marketing materials. Page 1 of 1