www.tvfr.com

Dear Consultant: RE: Recruitment Branding Strategy Request for Proposal: Tualatin Valley Fire & Rescue (“TVF&R”) is seeking the services of an experienced consultant to provide TVF&R with a unique and creative recruitment branding strategy to attract highly-qualified, diverse employee applicants in targeted markets to a career in the fire service. The strategy will serve TVF&R’s recruitment plan and outreach initiative with a special emphasis on entry-level firefighters. In addition, the strategy must align with TVF&R’s current positive organizational brand and reputation, which is measured in part by public attitude surveys conducted every two to four years by Campbell DeLong Resources, Inc. Highlights from survey research over the past 15 years include: 

Awareness: 78% of residents, without being prompted, could name TVF&R as the organization providing fire response and 58% name TVF&R as the agency responsible for response to medical emergencies. In contrast, awareness figures for other fire and medical emergency districts are typically 50% or less for fire and 40% or less for medical. (June 2013 data.)

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Performance measures: TVF&R’s average performance rating on eight key characteristics was 8.2 on a 10-point scale, something most organizations, both public and private, would be proud of (2011 data). Specifically, TVF&R received its highest ratings for four characteristics that respondents had earlier indicated are the most important descriptors for an organization that provides fire, medical, and rescue services, including:  Provides fast medical and fire emergency response (9.0).  Has personnel who are known for their professionalism (8.7).  Ensures personnel are trained as both medical responders and firefighters (8.6).  Demonstrates the values of good public services (8.7). The only characteristic that is of high importance to the community and that TVF&R is rated lower than average on is makes efficient use of tax dollars. TVF&R received a rating of 7.9. While lower than TVF&R’s average, this rating is higher than most government agencies receive on this key characteristic.

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Value of personal contact experience: Among those community members with contact with TVF&R (about 2 in 10 in a typical year), average performance ratings for all characteristics are higher than the rating given by those without contact — frequently by as much as a full point.

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Value of fire inspections: TVF&R personnel who conduct fire inspections of local businesses, government agencies, and nonprofits receive consistently high ratings from those they inspect, with a large majority providing the highest possible rating of “5, outstanding” for efficient use of time (85%), demonstrating values of good public service (83%), technical expertise (76%), and quality of explanations of violations (62%).

North Operating Center 20665 SW Blanton Street Aloha, Oregon 503-649-8577

Command & Business Operations Center and Central Operating Center 11945 SW 70th Avenue Tigard, Oregon 97223-9196 503-649-8577

South Operating Center 8445 SW Elligsen Road Wilsonville, Oregon 97062-8350 503-649-8577

Training Center 12400 SW Tonquin Road Sherwood, Oregon 97140-9734 503-259-1600

Recruitment Branding Strategy Request for Proposal (continued)

 Voter support: TVF&R has earned the support of voters as well. Most recently, in 2014, voters approved, with a 67% “yes” vote, an increase in TVF&R’s Local Option Levy from 25¢ to 45¢ per thousand.

BACKGROUND. TVF&R is committed to attracting and maintaining a diverse workforce where creativity and innovation are applied daily to the District’s goals of safety, high performance, outstanding customer service, and professionalism. TVF&R is a special service district, providing fire and rescue services from 21 career and volunteer fire stations. We employ over 335 career firefighters and 120 support personnel to serve and protect over 450,000 citizens within 210 square miles of urban and rural areas in and around metropolitan suburbs. SCOPE. The project will include a discovery phase to gain an understanding of TVF&R’s culture, strategic goals and leadership direction in order to provide an insightful plan for TVF&R’s recruitment brand, slogan, graphics and collateral materials. Since the historical firefighter candidate pool has been predominantly young, white males, the brand slogan must be fun and compelling to a young, diverse demographic to encourage individuals to pursue a career in public service and overcome misperceptions about eligibility. The outcome of a successful recruitment branding strategy will be a gradual increase in the gender, race and cultural characteristics of the TVF&R applicant pool. In coordination with the TVF&R Public Affairs Office and Human Resources, the selected consultant will offer various creative concepts that align with internal communication strategies. Once approved by TVF&R leadership, the consultant will implement production of the brand strategy phase. Deliverables will include a communication plan, print collateral, advertisement outlines for traditional and social media, and static displays for community events and job fairs. CONTRACT TERM. It is anticipated that the contract work will begin in early July 2015 and continue until the work is complete; the consultant will provide an estimated work plan/schedule. CONTRACT. A formal TVF&R Personal Services Contract (PSC) form is attached. After TVF&R selects a consultant for this project, the selected consultant will be issued a final version of the PSC for signature. SELECTION. TVF&R will select the most qualified consultant that will best meet the needs of TVF&R based on the response submitted. DUE DATE. Please provide a response (see page 3) by 4:00 PM on June 12, 2015.

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Recruitment Branding Strategy Request for Proposal (continued)

RESPONSE 1.

PROPOSAL SUBMISSION FORMAT.

a. Submit the narrative information outlined in paragraph 2 below, attached to an email to [email protected], or mailed/hand delivered to TVF&R, 11945 SW 70th Ave Tigard, OR 97223. b. A response must meet the content requirements below and should be direct, concise and complete. c. Elaborate brochures, art work, expensive paper, binders or other visuals beyond that sufficient to present a complete and effective proposal are not necessary. 2.

PROPOSAL CONTENT REQUIREMENTS. Provide:

a. Cover Letter/Background: Include a brief background and history of the firm/consultant. Identify and provide contact details of the individual that would be involved in the services. b. Experience & Qualifications – (in about two pages): Provide reference information (name, phone, email) for three past or current projects. Also provide a brief statement of scope, including work performed and project outcomes to demonstrate ability to successfully complete project for TVF&R. TVF&R may verify consultants’ past performance using the provided references. c. Approach – (in about three pages): Demonstrate the firm/consultant’s knowledge, philosophy and understanding of the project scope and provide a Recruitment and Branding Strategy Solution for TVF&R. Include a tentative deliverables schedule. d. Compensation: Provide a total, not-to-exceed amount to perform the work; include the estimated number of hours proposed, and all expenses and overhead.

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*SAMPLE* PERSONAL SERVICES CONTRACT Consulting Services Tualatin Valley Fire & Rescue 11945 SW 70th Ave. Tigard, OR 97223 Contract #: _______________ INTRODUCTION. This Personal Services Contract (Contract) sets forth all the covenants, conditions and promises between Tualatin Valley Fire & Rescue (TVF&R) and_ (Consultant) for the provision of _ (the Services) (both referred herein to as the “parties”). The Consultant agrees to perform the Work pursuant to the TVF&R Statement of Work, the Contract terms and conditions (Exhibit A), and the Consultant’s Proposal (Exhibit B). EFFECTIVE DATE and DURATION. This contract shall become effective on the last signature date below and shall expire when the Services are complete and accepted by TVF&R, unless terminated or extended as allowed in Exhibit A. CONSIDERATION. TVF&R agrees to pay the Consultant for Services performed in a satisfactory manner as specified in Exhibit B. ORDER OF PRECEDENCE. In the event of any inconsistent or incompatible contract provisions, Exhibit A and shall take precedence over the terms of the Consultant's proposal and the Consultants Contract (if any). CERTIFICATION. In consideration of the mutual covenants, stipulations and agreements, the parties hereto do contract and acknowledge that they have read and understand this contract and agree to be bound by its terms and conditions:

Tualatin Valley Fire & Rescue 11945 SW 70th Ave. Tigard, OR 97223

Email Address

TVF&R Representative

@tvfr.com Phone Number

TVF&R Representative Email

503-259 Employer Id Number or Social Security Number

TVF&R Representative Phone

Debra Grabler-Guzman, Chief Financial Officer Name/Title of Officer

Signature

Signature

Date

Date

The Consultant shall not commence work under this contract until the contract is signed by both parties and the insurance certificates have been received by TVF&R.

FOR TVF&R USE ONLY – issue final version from SharePoint template site.

SAMPLE EXHIBIT A – TUALATIN VALLEY FIRE & RESCUE - PERSONAL SERVICES CONTRACT GENERAL TERMS AND CONDITIONS

The Consultant shall furnish and assume full responsibility for everything required for the orderly progress and proper execution and completion of the assigned Services, including, but not limited to, materials, equipment, labor including subcontractor, transportation, equipment and machinery, tools, and other facilities and incidentals, pursuant to the following terms and conditions: 1. ACCEPTANCE. This Contract is TVF&R’s agreement to purchase the Services. Issuance of this Contract is expressly conditioned upon the Consultant’s acceptance of these terms and conditions. All specifications, drawings, and data submitted by the Consultant are hereby incorporated and made a part of the Contract. 2. AMENDMENT. TVF&R may amend this Contract if TVF&R, in its sole discretion, determines that the amendment is within the scope of the original Contract. Amendments to this Contract must be in writing and must be signed by an authorized representative of the Consultant and TVF&R. 3. ASSIGNMENT. The Consultant may not assign this Contract, either in whole or in part, without TVF&R’s prior written consent. 4. CHANGES. The terms and conditions contained in this Contract may not be added to, modified, superseded or otherwise altered except by a written Amendment. 5. COMPLIANCE WITH LAWS. Consultant shall comply with all federal, state and local laws, regulations, executive orders and ordinances, as applicable. All laws, regulations, executive orders and ordinances that are applicable to this Contract are incorporated by reference. 6. CONFIDENTIALITY. a. Consultant acknowledges that by reason of this Contract, Consultant, and its employees or agents, will have access to TVF&R’s information and materials which may be confidential and of substantial value to TVF&R, or confidential to people, organizations or entities served by TVF&R. “Confidential Information” means and includes all trade secrets, know-how, proprietary data, and other nonpublic information relating to the business of TVF&R, board members, employees and agents, including information of third parties to whom TVF&R owes a duty of confidentiality under Oregon Law. Consultant agrees that it shall not use or disclose, or keep upon termination of services or completion of this Contract, any Confidential Information in any way, except as may be required in connection with this Contract, for its own account or the account of any third party. Consultant further agrees to exercise the highest degree of care in safeguarding Confidential Information against loss, theft, or inadvertent disclosure, and agrees to take all steps necessary to ensure the maintenance of confidentiality. b. In the event of breach or threatened breach by Consultant or of any third party actions through Consultant, Consultant acknowledges that disclosure of the Confidential Information will cause irreparable harm and that TVF&R shall be entitled to seek a temporary restraining order, an injunction, or such other equitable relief to restrain Consultant and/or the third party from such breach. Each remedy available to TVF&R is cumulative, and nothing in this Contract shall be construed to prohibit TVF&R from pursuing any other lawful remedy which may be available at law or in equity. Consultant shall have an affirmative obligation to enforce the terms of Confidentiality Agreements with third parties. 7. DELAYS IN DELIVERY/FORCE MAJEURE. Neither party shall be held responsible for delay or default caused by any contingency beyond their control, including, but not limited to war or insurrection, strikes or lockouts by the parties’ own employees, walkouts by the parties’ own employees, fires, natural calamities, riots or demands or requirements of governmental agencies other than TVF&R. 8. DRUG STATEMENT. The use of drugs, alcohol, or any tobacco products is prohibited on all TVF&R property. 9. ELECTRONIC EXCHANGE. The parties agree the each may conduct this transaction, including any contract amendments, by electronic means (via email or fax). 10. GOVERNING LAW/VENUE. The laws of the State of Oregon shall govern this contract. Any action or suit commenced in connection with this contract shall be filed in the Circuit Court of Washington County, Oregon, or the

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SAMPLE EXHIBIT A – TUALATIN VALLEY FIRE & RESCUE - PERSONAL SERVICES CONTRACT GENERAL TERMS AND CONDITIONS

United States District Court for Oregon. The prevailing party shall be entitled to reasonable attorney fees and costs as awarded by the Court, including any appeal. All rights and remedies of the parties shall be cumulative and may be exercised successively or concurrently. 11. IDENTIFICATION OF EMPLOYEES. Consultant shall ensure that its employees or agents have identifying uniforms or other designation of identity (e.g. ID badge, shirt with logo/name) while on TVF&R property. 12. INDEMNIFICATION. Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, ORS 30.260 through 30.300, and to the fullest extent permitted by law, Consultant shall fully indemnify, defend and save and hold harmless TVF&R, its officers, board members, agents, employees, volunteers, affiliates, and all other persons acting on behalf of TVF&R, from and against any and all claims, demands, suites, actions, damages, losses, costs and expenses, direct and indirect or consequential of any nature whatsoever, including reasonable attorneys’ fees, and any other costs of defense, settlement payments and court costs, and liability of personal injuries (including death), property loss, and all other legally cognizable harm caused by, arising from, in whole or in part, or in connection with, any act or omission involving any work under this Contract. The duty of defense shall arise immediately upon assertion of any claim that may be covered by this indemnification provision, and, to the fullest extent allowed by law, shall be independent of any duty of indemnification. 13. INDEPENDENT CONTRACTOR. The Consultant warrants the following: 1) the services provided under this Contract are those of an independent Contractor; 2) the Consultant is not an officer, employee or agent of TVF&R; 3) Consultant represents that it is an independently established business which meets all applicable requirements of ORS 670.600 (2)(a-d) and meets three or more of the requirements of ORS 670.600 (3); 4) Although TVF&R reserves the right (i) to determine (and modify) the delivery schedule for the Services and (ii) to evaluate the quality of the completed performance, TVF&R cannot control the means or manner of Consultant’s performance. 14. INSURANCE. Unless otherwise agreed in writing, Consultant shall purchase and maintain: a. WORKER’S COMPENSATION as required by law ORS 656.17. b. EMPLOYER’S LIABILITY in the minimum amount of $500,000 when the Consultant has one or more employees performing services under the contract. c. COMPREHENSIVE AUTOMOBILE LIABILITY including owned, non-owned and hired vehicles: $2,000,000 Combined Single Limit Bodily Injury and Property Damage any one occurrence and $4,000,000 in the aggregate. d. COMPREHENSIVE GENERAL LIABILITY to include premises operations, products/completed operations, and blanket contractual liability: $2,000,000 Combined Single Limit Bodily Injury, Property Damage, and personal injury any one occurrence and $4,000,000 in the aggregate. e. TVF&R shall be named additional insured on the policies and shall be provided a copy of the additional insured endorsement. Certificates shall be submitted to Tualatin Valley Fire & Rescue, Attn: Finance, 11945 SW 70th Ave. Tigard, OR 97223. The Consultant agrees to pay for the insurance specified and agrees to provide TVF&R with a 30 days’ notice of cancellation if non-renewal occurs during the contract period. f. This insurance shall be considered as primary insurance and exclusive of any insurance carried by TVF&R, and the insurance evidenced by the required certificates shall be exhausted first, notwithstanding the fact that TVF&R may have other valid and collectible insurance covering the same risk. 15. INVOICING AND PAYMENT. Consultant shall issue invoice(s) for each work segment as mutually agreed upon or progress payment(s) as acceptable to TVF&R. Payment shall not be made prior to receipt of a valid invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date TVF&R’s check is mailed. Payment will be made within 30 days after the acceptance of a proper invoice. TVF&R will not pay any additional charges unless specifically agreed to in writing by TVF&R. Invoice(s) shall be submitted to: Tualatin Valley Fire & Rescue, Attn: Accounts Payable, 11945 SW 70th Ave., Tigard, OR 97223; or by Email to: [email protected]. Each invoice must include the contract number and an itemized list of the pricing elements that match Exhibit B. The Consultant understands that payment will be withheld until TVF&R is provided with the Consultants’ completed IRS Form W-9. 16. OWNERSHIP OF WORK PRODUCT. All work product (data, inventions, processes, diagrams, methods, apparatus, ideas or improvements) made, discovered, conceived or developed during the course of this Contract by the

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SAMPLE EXHIBIT A – TUALATIN VALLEY FIRE & RESCUE - PERSONAL SERVICES CONTRACT GENERAL TERMS AND CONDITIONS

Consultant is the exclusive property of TVF&R. Consultant hereby irrevocably assigns to TVF&R all of its right, title, and interest in and to any and all of the work product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Consultant forever waives any and all rights relating to the work product including any and all rights arising under Title 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or modifications. 17. PERMITS. Unless otherwise agreed in writing by TVF&R, without additional expense to TVF&R, the Consultant shall be responsible for maintaining any necessary licenses and permits. 18. PUBLIC CONTRACTS. This contract includes the following terms and conditions as prescribed by Oregon Revised Statutes as applicable: a. ORS 279B.220, Conditions concerning payment, contributions, liens, withholding; b. ORS 279B.225, Conditions concerning salvaging, recycling, composting or mulching yard waste material; c. ORS 279B.230, Conditions concerning payment for medical care and providing workers’ compensation. d. ORS 279B.325, Conditions concerning hours of labor. 19. PUBLICITY. The Consultant shall not use in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representations of TVF&R without the prior written authorization from TVF&R Representative, or his or her successor. 20. REPRESENTATIONS. Consultant represents and warrants to TVF&R that (1) Consultant has the power and authority to enter into and perform this Contract, (2) the Services under this Contract shall be performed in a good and workmanlike manner and in accordance with the highest professional standards, and (3) Consultant shall, at all times during the term of this Contract, provide qualified, and professionally competent workers, who shall be duly licensed, if required, to perform the Services. 21. RESPONSIBILITY FOR TAXES AND WITHHOLDING. Consultant shall be responsible for all federal or state taxes applicable to compensation paid to Consultant under this Contract. TVF&R will not withhold from such compensation any amount(s) to cover Consultant’s federal or state tax obligations. The Consultant, and its employees, are not eligible for Social Security benefits, unemployment insurance or workers’ compensation benefits, Public Employees’ Retirement System benefits, or any other benefits provided by TVF&R to its employees from compensation paid to Consultant under this Contract. 22. SECURITY CHECK. The Consultant agrees that each of its employees, subcontractors’ employees and principals / owners involved in the Services may, at the option of TVF&R, be subject to a background check, at any time, through a vendor of TVF&R’s choice. TVF&R retains the option to require the immediate removal of any subcontractor, employee or agent. Notwithstanding the foregoing, Consultant, and not TVF&R, remains solely responsible for performing background checks on, and screening for public safety all employees, and, to the extent permitted by law, shall provide such screening methodologies and information to TVF&R upon request. 23. SEVERABILITY. If any provision of this Contract is declared to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 24. TAXES. TVF&R is exempt from Federal, State, and Local taxes. 25. TERMINATION. a. Termination of Services for Convenience. The services of Consultant under this Contract may be terminated at any time by mutual written consent of the parties, or TVF&R may, at its sole discretion, terminate the services, in whole or in part, upon 30 days’ notice to Consultant. b. TVF&R’s Right to Terminate Services For Cause. TVF&R may terminate the services of Consultant under this Contract, in whole or in part, immediately upon notice to Consultant, or at such later date as TVF&R may establish in such notice, upon the occurrence of any of the following events: i. TVF&R fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Consultant’s Work;

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SAMPLE EXHIBIT A – TUALATIN VALLEY FIRE & RESCUE - PERSONAL SERVICES CONTRACT GENERAL TERMS AND CONDITIONS

ii.

Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Work under this Contract is prohibited or TVF&R is prohibited from paying for such Work from the planned funding source; iii. Consultant no longer holds any license or certificate that is required to perform the Work; or iv. Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Consultant’s performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 10 business days after delivery of TVF&R’s notice, or such period as TVF&R may specify in such notice. c. Consultant’s Right to Terminate Services for Cause. Consultant may terminate its obligation to provide services under this Contract upon 30 days’ notice to TVF&R if TVF&R fails to pay Consultant pursuant to the terms of this Contract and TVF&R fails to cure within 30 business days after receipt of Consultant’s notice. d. Enforcement. Termination of services under any provision of this Contract shall not extinguish or prejudice TVF&R’s right to enforce the terms of this Contract, including any breach of a Consultant warranty or any defect in or default of Consultant’s performance that has not been cured, and any right of TVF&R to indemnification by Consultant. If this Contract is so terminated, Consultant shall be paid in accordance with the terms of the contract for services rendered and accepted. e. Consultant’s Sole Remedy. In the event of termination of services, Consultant’s sole remedy shall be a claim for the sum designated for accomplishing the Work multiplied by the percentage of Work completed and accepted by TVF&R, less amounts previously paid. If previous amounts paid to Consultant exceed the amount due to Consultant under this subsection, Consultant shall pay any excess to TVF&R upon demand. f. Consultant’s Tender Upon Termination. Upon receiving a notice of termination of services under this Contract, Consultant shall immediately cease all activities under this Contract, unless TVF&R expressly directs otherwise in such notice of termination. Upon termination of services, Consultant shall, to the extent permissible under applicable law, deliver to TVF&R all documents, information, works-in-progress and other property that are or would be deliverables had the Contract been completed. g. Limitation of Liabilities. Neither party shall be liable for (i) any indirect, incidental, consequential or special damages under the contract or (ii) any damages of any sort arising solely from the termination of services under this contract in accordance with its terms. 26. WAIVER OF CONDITIONS. The failure of either party to enforce any provision of this contract shall not constitute a waiver by that party of that or any other provision of this contract. 27. DISPUTE RESOLUTION. The parties desire to provide for a fair, cost-effective, and expedient forum for the resolution of any and all disputes. Accordingly, the parties agree to comply with the following two-step dispute resolution process; provided, however, that breach of the provisions regarding Confidentiality and Ownership of Work Product are not subject to the provisions of this paragraph, and TVF&R may proceed directly to court, or pursue the dispute resolution alternative of this paragraph, in its discretion. a. Mediation. The parties mutually agree that any dispute that may arise under this Contract will be submitted to a mediator agreed to by both parties as soon as reasonable after such dispute arises; prior to the commencement of arbitration or litigation. Such mediation shall occur in the Portland, Oregon metropolitan area and the mediation fees and mediator’s expenses shall be shared equally by the parties. The parties agree to exercise their best efforts in good faith to resolve all disputes in mediation. Either party may terminate the mediation at any time after the first session. i. Notice of Mediation. Prior to submitting a dispute to mediation, the parties shall attempt in good faith to settle the dispute themselves. In the event mediation is necessary, the aggrieved party must deliver to the other party written notice of its intent to submit the dispute to mediation within 90 calendar days of the date when the dispute first arose, or the termination of the Contract, whichever is later. “The date when the dispute first arose” is defined to mean when a party discovered, or should have discovered with reasonable diligence, the facts on which the dispute is based. A party’s failure to timely request mediation hereunder shall constitute an irrevocable waiver of that party’s right to raise any claims in any forum, including arbitration as set forth below, arising out of the dispute. The limitations period set forth herein is mandatory, does not operate to lengthen any applicable state or federal statute of limitations, and is not subject to any tolling, equitable or otherwise.

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SAMPLE EXHIBIT A – TUALATIN VALLEY FIRE & RESCUE - PERSONAL SERVICES CONTRACT GENERAL TERMS AND CONDITIONS

b. Arbitration. In the event the dispute is not successfully resolved through mediation, the parties agree that such dispute will be resolved exclusively through final and binding arbitration in the Portland, Oregon metropolitan area., through a mutually agreed upon arbitration service or, if no agreement can be reached, through the arbitration services of the Arbitration Service of Portland in accordance with its then effective commercial arbitration rules, except as such rules are modified herein. i. Notice of Arbitration. To initiate the arbitration process, the aggrieved party must deliver to the other party written notice of its intent to submit the dispute to arbitration no later than 60 calendar days after the conclusion of the mediation described above. A party’s failure to timely request arbitration hereunder shall constitute an irrevocable waiver of that party’s right to raise any claims in any forum arising out of the dispute described herein. The limitations period set forth herein is mandatory, does not operate to lengthen any applicable state or federal statute of limitations and is not subject to any tolling, equitable or otherwise. ii. Selection of Arbitrator(s). One arbitrator will decide the dispute unless a party requests in writing a panel of three arbitrators. When a sole arbitrator presides, the arbitrator will be selected by mutual agreement of the parties, or absent agreement, in accordance with the then effective Arbitration Service of Portland commercial arbitration rules. For a three-arbitrator panel, each party will select one arbitrator at which point those two arbitrators will mutually select a third arbitrator. If the third arbitrator cannot be mutually agreed upon, the third arbitrator will be selected in accordance with the then effective Arbitration Service of Portland rules. iii. Permissible Discovery. The parties shall cooperate to the fullest extent practicable in the voluntary exchange of documents and information to expedite the arbitration. The parties agree to limit discovery in the arbitration to two requests for production of documents in accordance with Rule 43 of the Oregon Rules of Civil Procedure (“ORCP”) and taking up to three depositions by each party in accordance with ORCP 39. All discovery must be completed within 30 calendar days prior to the date set for the arbitration hearing. iv. Power of Arbitrator(s); Applicable Law. The arbitrator(s) shall have the same authority to award remedies and damages as provided to a judge and jury under applicable law. The arbitrator(s) shall not have the power to alter, amend, or modify any provision of this Agreement. The arbitrator(s) shall have the power to decide only the dispute submitted to the arbitrator(s). It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits, actions, and proceedings under this Agreement, be construed in accordance with and under and pursuant to the laws of the State of Oregon (without regard to the law of conflict of laws), and that, in any suit, action, or proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Oregon shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any suit, action, or proceeding may be instituted. v. Opinion and Award. The arbitrator(s) shall issue a written opinion and award within 30 calendar days of closing arguments or the receipt of post-hearing briefs, whichever is later. The opinion and award must be signed and dated and decide all disputes and related issues submitted by the parties. The arbitrator(s) shall award only those remedies in law or equity that are requested by a party which the arbitrator(s) determines to be supported by credible, relevant evidence. Judgment on the award may be entered in any court having jurisdiction thereof. c. Fees and Costs. The mediator’s and arbitrator’s fees, and other administrative costs of the mediation and arbitration process, shall be shared equally between the parties. Each party will be responsible for one-half the cost to have a court reporter attend and transcribe the arbitration hearing. The parties shall bear their own respective attorney fees and costs of discovery, depositions, and witness fees. d. Attorneys’ Fees/Expenses. In the event suit or action is instituted in connection with any of the terms of this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees, expert fees, and other expenses and costs it incurs in enforcing this Agreement or pursuing damages for breach of this Agreement, whether incurred prior to filing suit, in arbitration or mediation, in trial, or on appeal.

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EXHIBIT B – TUALATIN VALLEY FIRE & RESCUE - PERSONAL SERVICES CONTRACT CONSULTANT PROPOSAL

Exhibit B Quote Proposal