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City Council Packet - 03/28/2000TIGARD CITY COUNCIL FETING MARCH 20, 2000 COUNCIL MEETING ILL NOT TELEVISED iA3dm~o%ccpkt3.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 RPviceti 3-23-00 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agerda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - MARCH 28, 2000 - PAGE 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MARCH 28, 2000 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8E (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > KABLE STREET NEIGHBORHOOD - REQUESTS FOR SPEED HUMPS AND STREETLIGHTS > PREVIEW LIBRARY ARCHITECT CONTRACT > LIBRARY DIRECTOR SELECTION UPDATE 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: February 15, 2000 3.2 Local Contract Review Board: a. Award Bid for the Purchase of an 11-Foot Rotary Mower to Farwest Equipment b. Approve Purchase of Playground Equipment for Jack Park from the State Contract with Recreation Resource, Inc. COUNCIL AGENDA - MARCH 28, 2000 o PAGE 2 3.3 Adopt Citywide Personnel Policy Article 57, Use of City-Owned Vehicles and Article 58, Smoke-Free Work Environment - Resolution No. 00- 11 Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. OPPORTUNITY FOR PUBLIC COMMENT AND COUNCIL DISCUSSION ON WHETHER THE CITY OF TIGARD SHOULD AGREE AND CONSENT TO THE FORMATION OF A NEW COUNTY SERVICE DISTRICT -TO PROVIDE RECREATION SERVICE a. Staff Report: Public Works Department b. Presentation: Atfalati Recreation Partnership Representatives C. Council Questions of Staff and Atfalati Recreation Partnership Representatives d. Public Comment: Proponents/Opponents/Neutral e. Council Discussion f. Council Consideration: Resolution No. 00-_L~_ 8:05 PM 5. CONSIDER PROPERTY TAX EXEMPTION FOR NON-PROFIT, LOW-INCOME HOUSING PROJECT, VILLA LA PAZ (TIGARD MUNICIPAL CODE 3.50) a. Staff Report: Finance Department b. Update: Community Partners for Affordable Housing C. Council Comments/Questions d. Council Consideration: Resolution No. 00-/15 8:20 PM 6. CONSIDER ORDINANCE TO ESTABLISH A NEW FRANCHISE AGREEMENT FOR LOCAL TELEPHONE SERVICES TO BE PROVIDED BY NEXTLINK, OREGON, INC. a. Staff Report: Finance Department b. Council Comments/Questions C. Council Consideration: Ordinance No. 00-_ Idd 6v?w h) h-1-3 n/vp- ¢a_L& 6xj 8:30 PM 00 7. CONSIDER CONTRACT WITH BML ARCHITECTS FOR LIBRARY CONSTRUCTION a. Staff Report: Administration Department b. Council Comments/Questions C. Council Consideration: Motion to approve the contract and authorize the City Manager to sign. COUNCIL AGENDA - MARCH 28, 2000 - PAGE 3 . I% 8:45 PM 8. COUNCIL LIAISON REPORTS 8:55 PM 9. NON AGENDA ITEMS 9:05 PM 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 81 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 9:25 PM 11. AD30URNMENT 1 AAD M\CATHY\CC A\000328. D OC COUNCIL AGENDA - MARCH 28, 2000. PAGE 4 Agenda hem No. 4. I Meeting of_Z,-q-00 TIGARID CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Council President Brian Moore > Council Present: Council President Brian Moore, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Attorney Tim Ramis; City Engineer Gus Duenas; Public Works Director Ed Wegner; Deputy City Recorder Greer Gaston; Jeff Munro, Parks Supervisor; Craig Prosser, Finance Director > ADMINISTRATIVE ITEMS o Bill Monahan, City Manager, announced the retirement of Jo Hayes, as of April 1, 2000. He asked the Councilors to contribute any items they wanted to the scrapbook that staff was compiling for Jo. Mr. Monahan mentioned that the RSVP date for those attending the Mayors' Prayer Breakfast was April 10. ® Mr. Monahan asked the Council if it wanted to start holding an annual meeting with Judge O'Brien to discuss issues of concern. The Council directed staff to set up the meeting. o Mr. Monahan reminded the Council that his contract called for his annual review before May 15. He mentioned that they had time available on agendas in late April and early May. o Mr. Monahan briefed the Council on the Volunteer Recognition Committee's intention to change the recognition event from the traditional sit-down dinner/awards ceremony to an evening at Broadway Rose preceded by a dessert reception and recognition of the volunteers. He indicated the Committee's interest in encouraging volunteers to attend and in providing a fun recognition experience. He reviewed the costs of the traditional event (less than $15 per person), noting that attendance dramatically dropped off in 1999. He noted Broadway Rose's willingness to offer the City a rate of $10 per person for a Friday evening performance of Grease. He mentioned the Executive staff and Committee members attending in `50s attire as part of the event. The Council discussed the Committee's idea. Councilor Hunt indicated that he would not vote to change the format, as he did not think that an evening at Broadway Rose offered sufficient recognition. Councilor Moore spoke in support of the idea as an opportunity to do something enjoyable and different from the traditional dinner ceremony. Councilor Scheckla discussed his concerns that the volunteers have already bought season tickets and the loss of the social interaction between the volunteers offered by a dinner. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 1 Mr. Monahan reiterated that the Committee was trying to respond to a dramatic drop off in attendance at the recognition event. He mentioned that the date would be June 30, instead of in April. Councilor Patton spoke in support of the idea. She stated that providing a dessert reception the same evening gave sufficient opportunity for the City to recognize the volunteers and for the volunteers to mingle. Mr. Monahan indicated that the Committee had intended to recognize the volunteer groups at the reception. He reviewed the Volunteer Recognition Committee members at Councilor Scheckla's request. Councilor Hunt commented that the Committee had good representation, and therefore he would not object to the change in format. Councilor Moore expressed that Council should back the Committee's idea. He concurred that the mingling at a dessert reception provided the important social interaction while offering something different to the volunteers. He indicated that he volunteered for six years but only attended the first two recognition events because it became repetitious. Councilor Scheckla agreed that the Council should not interfere with whatever the Committee decided. > KABLE STREET NEIGHBORHOOD - REQUESTS FOR SPEED HUMPS AND STREETLIGHTS Gus Duenas, City Engineer, asked for Council authorization to allocate funding from the street lighting fund to pay for the street lights that the City would install on Kable Street as part of completing the lighting of the area. He confirmed to Councilor Scheckla that developer would install streetlights throughout the Erickson Heights subdivision, leaving the Kable Street neighborhood dark. He suggested that the Council make an exception to the City street light policy in which the existing residents paid for the improvements themselves. He explained that staff needed to install the underground elements during sidewalk construction but they could install the actual streetlights later. The Council agreed by consensus to pay for the streetlights. > THORN STREET DRAINAGE PROJECT Mr. Duenas advised the Council that the City needed to spend the Community Development Block Grant funds for the Thorn Street storm drainage project this fiscal year or the funds would be lost. He reviewed the new bidding requirements per State law, noting that staff considered the two lowest bidders as `non-responsive' because of failure to meet the new requirements. He asked the Council to award the contract to D & D Concrete Utilities, the third lowest bidder, for $42,478.00, under Non-agenda items at the meeting tonight. Councilor Scheckla questioned why there was such a discrepancy between the City's estimate and the bids. He commented that usually the City estimate sat in the middle of the bids, but in this instance most of the bids fell below the City estimate. Mr. Duenas explained that staff based estimates on the average prices for past projects. He mentioned heavy competition and an. early bid as reasons why the bids were lower than the City estimate. Mr. Duenas explained to Councilor Scheckla that the intent of the pre-qualification system from the State was to protect jurisdictions from fly-by-night outfits. He confirmed that staff informed the unsuccessful bidders why the City did not select their bid. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 2 > PREVIEW LIBRARY ARCHITEC'T' CONTRACT Councilor Hunt indicated his discomfort with discussing items in the conference room during study session. He felt that the Council should discuss items before the public during the regular meeting. Mr. Monahan explained that the intent of the study session was to allow the Council to ask preliminary questions on items scheduled for the agenda. He mentioned staff's attempt to make the study sessions more open by using a staff greeter to direct people to the meeting. Councilor Hunt stated that the Council did not re-discuss some items with the same thoroughness during the regular public meeting. Councilor Patton asked if there was a particular issue that staff wanted to bring to the Council's attention with respect to the library contract. Mr. Duenas said no. The Council agreed to discuss this item during the regular meeting. Councilor Scheckla asked if the City took the low bidder on this type of contract. Mr. Duenas said no. He reviewed the criteria that the City looked for: qualifications, ability to do the work, previous experience doing this type of work, and price. He confirmed that staff checked the references of the bidders as part of the thorough review process performed by the Committee. Mr. Monahan mentioned that this architectural firm brought its specialist in library programming design to the interview. Mr. Duenas concurred that the availability of the specialist throughout the interview process was a key factor in the Committee's selection decision. Mayor Jim Nicoli arrived at 7:15 p.m. > LIBRARY DIRECTOR SELECTION UPDATE Mr. Monahan advised the Council that, although he has narrowed the library director candidates down to one individual, he has postponed the Council discussion for two weeks. He indicated to Councilor Scheckla that he has moved the start date for the position from May 1 to mid to late May. He discussed the information given to the 39 applicants through the advertisement and the interview process. > OTHER ITEMS e Councilor Moore advised the Council that the City received a letter requesting a Council representative to attend the kickoff breakfast for the Christmas in April in Washington County on Saturday, April 29, and to make some brief comments. He noted that the Budget Subcommittee was recommending City support of the organization again. He said that he had a personal conflict on that day and asked if anyone else could attend. Mr. Monahan discussed the possible alternative of asking Police Chief Ron Goodpaster to represent the Council and to make the comments. He explained that Chief Goodpaster developed the "Team Tigard" concept and recruited 20 volunteers to participate in the Christmas in April event. He suggested that Chief Goodpaster, as the team leader, might be an appropriate representative. The Council agreed. o Councilor Scheckla asked about the house on the lot on Hall Blvd in the Metzger area. Mr. Monahan said that it was the Pierce house moved from the Tigard Triangle, destined for a Portland location. He indicated that the owners temporarily stored it on the Metzger lot in the County while waiting on the City of Portland approval process. He noted that the City of Tigard would not permit temporary storage within its City limits. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 3 > Council President Moore adjourned the study session at 7:25 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:32 p.m. 1.2 Roll Call Mayor Jim Nicoli, Councilors Joyce Patton, Ken Scheckla, Paul Hunt and Brian Moore were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan asked to add the Thorn Street contract as Item 9. 2. VISITOR'S AGENDA e Michael Trigadoff Mr. Trigadoff distributed a map showing the location of a 10-acre forested parcel of land in the Washington Square area, which he recommended for acquisition as a greenspace or nature park. He noted that it was located in a parks deficient area. He indicated that Metro, Three Rivers Land Conservancy and the Wetlands Conservancy have all expressed serious interest in the parcel. He asked if the City of Tigard was interested. Mayor Nicoli said that he would turn Mr. Trigadoff's request over to staff for further investigation. He explained that staff would tell the Council where the City stood financially with respect to its long-term plans for the purchase of parks. Mr. Monahan indicated that staff may have already looked at this parcel as part of the City's greenspaces acquisitions projects, and would share any information they had with Mr. Trigadoff. He suggested returning with the staff report at the April 11 Council meeting. 3. CONSENT AGENDA Councilor Scheckla asked for more information on the mower purchase, Item 3.2.a. Jeff Munro, Parks Supervisor, indicated that Farwest Equipment, the sole bidder, manufactured two of the four models of this type of mower. He explained that this mower was an intermediate-sized mower with four-wheel drive in both forward and reverse, a necessity in the wet areas throughout Tigard. Motion by Councilor Moore, seconded by Councilor Patton, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 3.1 Approve Council Minutes of: February 15, 2000 CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 4 3.2 Local Contract Review Board a. Award Bid for the purchase of an 11-Foot Rotary Mower to Farwest Equipment b. Approve Purchase of Playground Equipment for Jack Park from the State Contract with Recreation Resource, Inc. 3.3 Adopt Citywide Persoanel Policy Article 57, Use of City-owned Vehicles and Article 58, Smoke-Free Work Environment - Resolution No. 00-11 4. OPPORTUNITY FOR PUBLIC COMMENT AND COUNCIL DISCUSSION ON WHETHER THE CITY OF TIGARD SHOULD AGREE AND CONSENT TO THE FORMATION OF A NEW COUNTY SERVICE DISTRICT TO PROVIDE RECREATION SERVICE Ed Wegner, Public Works Director, presented the staff report. He recalled the work of the non- profit group Atfalati, beginning in 1997, to explore the feasibility of forming a recreation district in southeastern Washington County. He noted that the City's visioning document and parks master plan update both addressed the need to look at a partnership in developing parks and recreation services in Tigard and the surrounding communities. Mr. Wegner indicated that in June 1999 the Cities of Durham, Sherwood, Tigard, Tualatin and the School Districts of Tigard-Tualatin and Sherwood hired Cogan Owens & Cogan to work on a joint jurisdictional recreation district (under SB 122). He mentioned the Task Force appointed by the Tigard City Council to study the feasibility of providing recreation services. He referenced the Task Force update presented to Council last week. Dave Nicoli, Task Force Steering Committee Chair, distributed an outline of the possible uses for a community recreation center. He introduced Don Clements, Chehalem Parks & Recreation District Supervisor. Mr. Nicoli explained that the Task Force had decided to finalize the program uses for a community center through a public process involving the community. He said that the outline included all uses mentioned in discussions and surveys, as well as an architect's estimate of the cost to build a 30,000 to 40,000 square foot center. Mr. Nicoli asked the Council to adopt the memo of understanding, which needed a little work on language, and to move the process forward to the County. He indicated that Tigard would be the first jurisdiction to officially adopt the memo, as Durham was discussing it this evening also. Tualatin wanted to make changes prior to adoption, and the School District will address the issue later this month. He commented that he thought it likely that Durham would wait to join the district, given the lack of clear direction from the citizens. Mr. Nicoli noted that the permanent tax rate would not exceed 48 cents per $1,000 and the bonded rate would not exceed 35 cents per $1,000. He mentioned the required final steps of bringing in a consultant to create the financial statement to be submitted to the County and the finalized memo of understanding, which would determine the exact rates. He asked the Council to give the City Manager flexibility in the event that all parties did not agree to participate. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 5 COUNCIL QUESTIONS Councilor Hunt observed that the School District overlapped with the other jurisdictions. He asked why they were included as a voting partner. Mr. Nicoli explained that, although legally the recreation district did not need the School District's consent, the County insisted that the School District be included in the IGA since the whole concept of the recreation district was based on the utilization and sharing of School District facilities. He conceded that if the School District voted not to participate, then they would have to revamp their proposal to do the recreation district without them. Mr. Wegner pointed out that the most economical way to rectify the parks and recreation program and facility deficiencies in Tigard was through utilization of the School District facilities. He held that this was why the participation of the School District was so important to the County. Councilor Hunt reiterated his interpretation of Mr. Nicoli's comments as the County would not put this on the ballot if the School District voted against it. Mr. Nicoli conceded that that was true for the existing proposal, which included School District facilities. He reiterated that they could come back to the County with a different proposal that left out the School District. Councilor Hunt asked for clarification on the representatives on the governing body. Mr. Nicoli said that each participating jurisdiction would have one representative. He noted that if Durham dropped out, the other four would select a member-at-large for a total of five members. He confirmed that each jurisdiction appointed its representative by whatever means it choose to do so. Councilor Scheckla asked how the overlapping boundaries of the City of Tualatin and the Tigard- Tualatin School District would work in the event that Tualatin opted out and the School District opted in. Mr. Nicoli said that the Task Force discussed that concern, agreeing that it needed to be addressed. He indicated that, if Tualatin opted out, they would reduce the budget and projects, focusing on the local Tigard area and schools only. Councilor Scheckla asked for clarification on the river bridge. Mr. Monahan explained that the Cities of Tigard and Tualatin jointly paid for a feasibility study of a pedestrian bridge near the railroad bridge that would link Tualatin, Tigard and Durham. He indicated that the question of where to find the funding was still open. Councilor Scheckla characterized the information on the recreation district as a moving target, changing constantly as different elements moved in and out. Councilor Hunt asked for a copy of the memo of understanding. Mr. Monahan stated that the memo dated March 23 was the latest draft, and was included in the Council packet. He reported that the City Attorney has reviewed the resolution associated with the memo of understanding and changed some of the resolution language in order to allow the Council to adopt the memo, subject to some changes. CITY COUNCIL MEETING MINUTES -MARCH 2R, 2000 - PAGE 6 10 Don Clements, Chehalem Parks & Recreation District Supervisor, spoke to the importance of allowing the citizens to vote on whether or not to form the district. He cited his district's experience in working out the same problems faced by Atfalati as evidence that difficulites can be resolved. He recalled the importance that the parks and recreation district in his community had for him as a child, leading him into recreation as a profession. He emphasized the educational opportunities afforded by a recreation district. He characterized recreation as an investment in the community, similar to an investment in the infrastructure. He reiterated that a district was a positive force in the community, providing opportunities to all ages. Councilor Moore asked what the population of the Chehalem district was. Mr. Clements said that their service area included roughly 25,000 to 26,000 people (19,000 incorporated). He indicated that their district was formed in 1966 and became operational on July 1, 1967. PUBLIC COMMENT PROPONENTS 6 Betty Polson, 14400 SW McFarland Ms. Polson spoke in support of providing a place for youth to gather and activities for them to do. She felt that youth often get in trouble because they had nothing to do. She said that she would like to see the City move forward with the activity center and providing additional park space for families. She suggested including daycare in the community center. She referenced the three years that this process has been going on and asked the Council to put the issue on the ballot for the citizens to decide. a Mark Kubinczyk,14498 SW Tewkesberry, Tigard High School Principal Mr. Kubinczyk commented that he had been surprised when he moved to Tigard nine years ago to find that the City had no recreation district. He said that he realized early on that the School District was the recreation district. He noted that Measure 5 made it difficult for the District to continue to offer recreational opportunities to the kids; they had to charge fees and cut programs. He commended the community groups that tried to take up the slack. He pointed out that currently they involved 700 to 800 kids at each high school in afterschool programs but that left the uninvolved majority with little to do. He characterized this as an opportunity to let the voters decide if they cared about the kids and wanted to provide opportunities for them. a Mark Mahon, 11310 SW 91St Mr. Mahon referenced two points raised during the Visioning Task Force discussions: the need for more recreation programs and facilities, and the need for more cooperation and efficiency between the different agencies. He argued that this proposal addressed both those points by moving towards shared facilities and a common program between the School District and the City. He remarked that Tigard could kill the proposal tonight with a `no' vote because without Tigard, the district lost its viability. He urged the Council to send the proposal on to the next stage in the process of allowing the voters to decide on the formation of the district. CITY COUNCIL, MEETING MINUTES -MARCH 28, 2000 - PAGE 7 e Rich Carlson, 1147 SW Venus Court Mr. Carlson spoke as a school board member and a parent in support of the recreation district proposal. He discussed three questions: what was the Council's vision for the area in terms of recreation programs and facilities, what was the responsibility of the local government to provide those things, and how did the local government address those responsibilities. Mr. Carlson argued that Tigard needed the upgrade in School District and City facilities that a recreation district would provide, citing his experience as a coach trying to use inadequate or overcrowded fields. He referenced the lack of money at the District for maintenance and/or upgrade of its athletic facilities. He observed that a recreation district would take over field scheduling, a task the School District would be happy to transfer. Mr. Carlson stated that the young people in Tigard needed a place to go, a place that offered non- athletic activities, such as those offered by the Tualatin Hills Parks & Recreation District. He argued that the way to cut down on youth crime was to keep the kids busy and involved in the community. He held that this recreation district was one way for the Council to implement its vision and to accept local government responsibility in providing recreation programming for all ages in the community, toddlers to seniors. Mr. Carlson agreed that the Council's real decision tonight was whether or not to allow the taxpayers to vote on this issue. He held that an opportunity like this would not come again, given the amount of time and effort spent on this proposal. e Jimmy Brown, 16618 SW Riverwood Place Mr. Brown referenced his professional experience in probation and parole services with the Juvenile Justice Department in Multnomah County. He spoke to the importance of positive social activities for young people, citing the studies done in Multnomah County, in which the young people themselves discussed the importance of positive youth-adult interaction in dealing with at-risk behavior issues. He discussed the importance of public-private partnerships and the collaboration that used the strengths of a community's organizations to enhance the community's health. Mr. Brown discussed how the use of community facilities united neighbors and neighborhoods by providing a place for community services to occur. He argued that a community center providing health-related services, continuing education and access to public information could become part of the heart of a community, similar to the schools. He held that allowing this proposal to go forward offered the City the opportunity to show its vision and leadership with respect to the needs of young people and families. e John Phillips, 10251 SW Riverwood Lane Mr. Phillips spoke in support of a recreation district on behalf of his children who would benefit from the activities and social interaction offered by a community center. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 8 OPPONENT Mark Herem, 13194 SW Clearview Mr. Herem stated that he supported the improvement and development of parks and recreation facilities. He questioned why Tigard was considering forming a new district when it could join the outstanding Tualatin Hills Parks and Recreation District next door. He questioned the heavy investment called for in building a successful parks and recreation district from scratch if it was not necessary. He suggested building a community center if Tigard citizens wanted one. He said that it did not seem a wise use of his tax dollars to build a recreation district from scratch without considering existing opportunities, such as participating in the Tualatin Hills Parks & Recreation District. NEUTRAL. Pat Biggs, 14250 SW 88`n Avenue Ms. Biggs referenced her work on the Siting Committee for a teen center, noting the difficulties of constant fundraising over the long-term. She spoke in support of a community center as providing a permanent solution to the need for a facility. She pointed out that the taxes for the Tualatin Hills Parks and Recreation District were more than the taxes for the City of Tigard. She observed that it was unlikely that Tigard residents would vote to double their municipal taxes. e Charles Cameron, Washington County Administrator Mr. Cameron stated that the County Board of Commissioners continued to support the concept of a joint jurisdictional recreation district under SB 122, although they have not taken an official position on the matter because they were the last agency to receive the proposal. He said that considerable work was done by a group on the alternative of annexing to the Tualatin Hills Parks and Recreation District but it was found untenable due to the high tax rate disparity and the feasibility of THPRD reaching so far into the south county. He indicated that the group determined that the single alternative available to address the park and recreation deficiencies in the south county area was to create a special district to provide those services. Mr. Cameron observed that it was more important to look to what the district would provide in 30 years, citing the districts in Newberg and the north county. He mentioned the County's financial support through a $25,000 cash contribution to the feasibility study, the availability of County Counsel for legal work and coordination among the seven attorneys, and staff support. Mr. Cameron, referenced the enthusiasm of the Nicoli brothers and other community residents in making such a large commitment towards the creation of this concept. He indicated that, based on the Board's discussion today, it would be inconceivable that the Commissioners would not put this on the November ballot, even if only the City of Tigard and the School District supported the proposal. He acknowledged that this measure would compete with the County's public safety levy. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 9 PROPONENTS e Valli Brunken, 14950 SW Chardonnay, Bull Mountain Ms. Brunken mentioned her service as the Volunteer Coordinator at Mary Woodward Elementary School and as a previous Board member for Tigard Youth Football as well as her profession as a registered nurse. She indicated that she provided feedback to the Atfalati Task Force during the process. She argued that the appearance of this as a `moving target' resulted from the work of building good partnerships, which required compromise. Ms. Brunken spoke to the recreation district as providing not only for youth but for senior citizens as well. She pointed out that members of both groups were often lonely and isolated with nothing to do. She indicated that the senior citizens often had poor health as a result while the youth often turned to drugs and alcohol, the major contributor to trauma (the number one and two killer of people under 21). She mentioned that her high schooler was approached at Tigard High about drugs three times in the past week while her middle schooler was approached at Fowler two times in the last month. She emphasized that the kids needed some place to go and something to do between 3 p.m. and 7 p.m. Ms. Brunken mentioned her family's dismay at the lack of recreational facilities in Tigard when they moved here. She characterized organized recreation as vital to a healthy community. She reiterated that they were asking the Council to allow the voters to decide on a recreation district. o Craig Dirksen, 9131 SW Hill Street Mr. Dirksen referenced his long history of involvement with the City as a concerned citizen on a number of issues. On behalf of the Tigard residents like himself, he encouraged the Council to support the district because it made sense. He held that, not only would the district provide new facilities, but it would also make more efficient use of the area's existing resources. Nick Boekelheide and Kevin Brian, Tigard High School seniors Mr. Boekelheide and Mr. Brian concurred with Mrs. Polson's and Mr. Carlson's testimonies. They confirmed that they often had nothing to do in the afternoons; they could not afford the membership fees at Club Sports where they could play basketball. They spoke to the importance of having a community center for fun and positive youth activities and improved school athletic facilities. They mentioned the swimming pool at Tigard High, and opportunities for art and music classes, which the schools could not provide. They mentioned their excitement at turning 18 and having the opportunity to vote on something that would affect them and their families. o Rob Blakley, Tigard resident Mr. Blakley indicated that he lived in the part of Tigard that was in the Beaverton School District, but was excluded from the Tualatin Hills Parks & Recreation District. He said his kids had to wait until the second day to sign up for swim lessons in the THPR district, and often classes were already full. He concurred with Ms. Biggs that the community needed a stable basis from which to work in providing consistent activities to the community. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 10 Mr. Blakley mentioned his work with alcoholics and recovering addicts, noting the marked decrease in the age of alcoholics and addicts. He indicated that many of the teenagers became involved in these unhealthy activities because of boredom and inactivity. He commented that, although not every kid would take advantage of the opportunity, the community needed to give the kids as many opportunities as it could. He asked the Council to put the challenge before the citizens. 9 Dan Terry, 15975 SW 150`h, Atfalati Board member Mr. Terry pointed out that going to the Tualatin Hill's activities was a long way for kids to travel, especially those whose parents both worked outside the home. He referenced his experience as a coach .N-orking with the Tigard Basketball Association, commenting that the dedicated parents in the community .N-ere responsible for existing Tigard programs. Mr. Terry spoke to the responsibility of the community to move forward and take the necessary steps to address the problem for the next 20 years. He argued that they needed something more for the youth, the seniors and the citizens than they had available today. He held that a community center would serve as a common ground where the youth could get more involved with the seniors and vice versa. He urged the Council to give the decision back to the people on whether or riot they wanted something for the long-term for the community. • Dave Nicoli, 14180 SW 141" Mr. Nicoli spoke as a private citizen. He mentioned that someone asked him why he has worked so hard on this concept and put so much money into it. He recalled what Tigard had been like when he was growing up; he played in the woods and the creeks, canoeing on the Tualatin, having Tigard as his recreational district where he could safely play even after dark. He contrasted that with the Tigard in which his kids were growing up: concrete and asphalt, gopher holes, no basketball hoops in the gyms because the schools could not afford them, not daring to be caught out after dark. He said that that was why he was going after this so hard, with his brother Jim's encouragement. He stated that this was their opportunity to do something for the community in which they grew up because in another 20 years, there would be even more asphalt and the opportunity would be gone. He urged the Council to give the citizens the opportunity to vote on the district. e John R. Anderson, 14468 SW Scarlett Place Mr. Anderson spoke as a citizen, a parent and a member of the Task Force. He discussed the proposal as a recreational investment for everyone in the entire community. He mentioned the benefits of a recreation district: community health, community involvement and community pride. He described a recreation district as fostering a positive business environment by providing an environment that drew people to live in the City and to create a community attractive to businesses. Mr. Anderson held that a recreation district would serve as the focal point for many existing community programs as well as a vehicle to create additional programs. He characterized the district as providing a birth to death service. He spoke to a district providing something to the community that would keep the citizens and their children living in the community. He cited his small hometown in Illinois that was dying because the people were leaving. He asked the Council to vote yes on the resolution. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 11 COUNCIL DISCUSSION Councilor Hunt complimented Jim and Dave Nicoli on their efforts with respect to the proposal and to their work with the youth in the community. He said that, while he did not support the proposal, he appreciated their effort and sincerity. Councilor Hunt explained why he has opposed the district since the idea first came up at the Council. He cited additional taxes, and the recreation district as a means of circumventing the Measure 50 tax limits. He argued that, instead of using its existing revenues to build more programs, the City was circumventing the Measure 50 restriction by forming a new taxing district. He held that, even though the Atfalati district might start out at less than half the taxing authority of the Tualatin Hills district, eventually it would build up to a similarly high amount. Councilor Hunt spoke of the senior citizens on fixed incomes who could not afford to pay more taxes, especially a permanent tax. He noted that the cost of living was increasing but seniors' incomes were not increasing proportionately. He mentioned a previous discussion as to why the district did not include King City; the conclusion was that King City residents would receive little benefit from the district and would vote against it. He asked what the difference was between senior citizens in Tigard and those in King City. Councilor Hunt mentioned remarks made to him, as to whether he would support the district if Summerfield were left out of it. He said that he did not like the insinuation that someone could buy his vote. He indicated that if Summerfield had been left out, he would have considered it a conflict of interest because he lived in Summerfield. Councilor Hunt referenced the lukewarm support given by some of the Councilors for the library bond two years ago because they felt that it would compete with the upcoming street levy. He said that he did not understand why it was all right to support a recreation district, but not the library, when the district bond would also compete with the street bond. He felt that they were putting recreation over education. Councilor Hunt discussed his concerns that the method of formation allowed the other jurisdictions to force Tigard into the district, if Tigard voted it down while the others voted it in. He referenced an Oregonian article reporting Jefferson High as receiving an unacceptable state rating as an educational facility. He pointed out that that same article described Jefferson High in the PIL round-up as "unbeaten top-ranked." He argued that there was a correlation between the emphasis on athletics and the poor educational facilities at Jefferson High. He spoke to spending money on the library and educational facilities as opposed to recreational facilities. Councilor Hunt said that he favored doing what they could for the youth of the City but he preferred spending the money on the educational side. He mentioned his work with Chief Goodpaster on different youth activities and his work with the Mayor on getting additional athletic fields at Cook Park. He reiterated his concern that the people could not afford the additional taxes. He argued that putting too many money measures on the ballot would kill all the measures, citing the City street bond, the Atfalati recreation district and the County bond. He said that he would work actively to encourage voters to defeat this measure, should the Council send it on to the County. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 12 Councilor Scheckla mentioned his appreciation of the work that has gone into this proposal. He indicated that if they already had a community center as a foundation, then he could support a recreation district. He reiterated his concerns with respect to the lack of information on the boundaries and participating jurisdictions. He said that he would not support the motion. Councilor Patton commented, in response to Councilor Hunt's concern about the tax issue, that the total amount proposed for the recreation district was not the permanent rate; the permanent rate for operations would be somewhere around 48 cents per $1,000 while the additional temporary bond rate for capital projects and programs would be somewhere around 35 cents per $1,000. She pointed out that, although the voters in the Tualatin Hills district have not always passed the levies, they have always had the opportunity to vote on them. She conceded that there would be a permanent increase in the tax rate but held that it was a conservative amount at this point in time. Councilor Patton observed that she had not been on Council at the time of the library bond. She stated that she did not care what happened in the past with respect to Councilors supporting or not supporting the library bond because she was focusing on the issue before the Council tonight, the Atfalati recreation district. She said that she would evaluate the proposal based on its own merits, not what did or did not occur in the past. Councilor Patton referenced Councilor Scheckla's concern about the whole package of a community center, athletic improvements, etc., and building from a foundation. She described Tigard's response in the past to the recreational needs of the community as a "patchwork quilt" with various groups offering different programs on a case-by-case basis. She pointed out that the intent of the recreation district was to provide the fundamental underpinning by which the community as a whole could develop the programs and activities that people wanted to participate in. She argued that without a solid base from which to start, the community would never get beyond a hit or miss strategy for providing activities. Councilor Patton stated that a recreation district was a good opportunity to develop community pride and sense of community involvement, and to provide volunteer opportunities. She mentioned the Task Force's work in listening to people's comments and modifying their proposal from an athletics focus to an all-encompassing recreation district proposal. She pointed out that whatever facilities ended up as part of the district, they would be available to all Tigard citizens. She remarked that with the disappearance of the music programs at Tigard High when her son entered high school, Tigard had offered nothing to further her son's interest in music; they had had to go elsewhere. She reported that her now 20-year old son and his friends thought that a recreation district would have given them some place to go other than Washington Square or Shari's. Councilor Patton referenced her experience as a volunteer judge for the Tigard Peer Court. She observed that most of the kids got into trouble because they found themselves in some place where it was convenient to do something that they should not be doing. She held that the community needed a community center for all ages. She spoke to the importance of letting the voters decide on this issue, even with the competing measures on the November ballot. She commented that if the proposal supporters could not market the measure and get the votes needed to pass it, then they needed to rethink whether this was an appropriate direction for the community. She said that she would vote to move the resolution forward to the County. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 13 Councilor Moore thanked Dave Nicoli and the committee for the time they put into this proposal, including the governance and informational workshops. He credited Councilor Scheckla with expanding his understanding of the word "recreation" beyond sports to include activities for kids who did not participate in athletics. He concurred with Mr. Mahon that a recreation district was part of the visioning process. He spoke to the opportunity as a City to provide a safe place for kids to go, both those who participated in athletics and those who did not. He noted that most kids could not afford to belong to club sports. He discussed separating the word `recreation' from athletics. Councilor Moore observed that it was embarrassing that Tigard did not have facilities as nice as Newberg did, a City half Tigard's size. He mentioned his recent trip to Waldport (population 625) in which he ran across the Waldport Youth and Recreational Center where the kids were playing games and the piano. He argued that it was time for Tigard to step up and support the kids; if a recreation district saved a handful of kids from getting into trouble, then it was worth it. He commented that he understood the argument of a fixed income but held that this district would cost the average person less then $10 a month. Councilor Moore stated that he has listened to the arguments and saw the recreation center as a youth center where kids went to play, although not necessarily sports. He referenced the Tualatin Hills Parks & Recreation District catalog with its varied activities for kids and adults of all ages. He said that he would support the memo of understanding. Mayor Nicoli thanked the people who testified tonight. He mentioned that he was shaken by the one parent reporting how often her children were offered drugs at school and the total lack of activities available. He noted that he has supported the district from the first. Councilor Moore clarified that the memo of understanding was in the process of being finalized. He indicated that he was not concerned about the moving target comment because this was a moving target until the formation of the district. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution 00-12 and authorize the City Manager to sign the memo of understanding when it was finalized by the attorneys involved. Mr. Monahan reviewed the provisions of the March 23, 2000, draft memo of understanding, and noted the alternate resolution prepared by the City Attorney with some language changes to the last part of Section 3. He asked if Councilor Moore's motion included that the figure in the final memo of understanding would not exceed 48 cents per $1,000 for the permanent levy and 35 cents for the bond. Councilor Moore concurred. Mr. Monahan asked if he should still sign the memo if Tualatin and Durham dropped out. Councilor Moore said yes, he supported the district going to the County for formation, regardless of the participants. The Deputy City Recorder read the number and title of the resolution. RESOLUTION NO. 00-12, A RESOLUTION OF THE CITY OF TIGARD, OREGON, CONSENTING TO FORMATION OF A NEW COUNTY SERVICE DISTRICT Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Councilors Moore and Patton voted `yes;' Councilors Hunt and Scheckla voted `no.') [3-2] CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 14 Mayor Nicoli recessed the meeting for a break. Mayor Nicoli reconvened the meeting. 5. CONSIDER PROPERTY TAX EXEMPTION FOR NON-PROFIT, LOW-INCOME HOUSING PROJECT, VILLA LA PAZ (TIGARD MUNICIPAL CODE 3.50) Mr. Monahan noted that this was the third year that Community Partners for Affordable Housing has asked the City Council for a tax exemption for their Villa La Paz project. He reported a reduction in tax revenue of $7,540. He indicated that the staff review found that the request met all the criteria for a tax exemption. Sheila Greenlaw-Fink, Community Partners for Affordable Housing, expressed their appreciation for the City's help in addressing the affordable housing needs in the community. She spoke to the importance of tax abatement in keeping rents low and the housing decent She discussed their next project, a new construction project for workers, the elderly and disabled in the Washington Square area. She mentioned the report from the Metro Affordable Housing Technical Committee due out this spring that would look at the number of affordable housing units each jurisdiction could absorb and the composition of those units. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 00-13. The Deputy City Recorder read the number and title of the resolution. RESOLUTION NO. 00-13, A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES FOR NON-PROFIT LOW INCOME HOUSING PROJECT, VILLA LA PAZ UNDER TIGARD MUNICIPAL CODE SECTION 3.50. Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted `yes.') [5-0] 6. CONSIDER ORDINANCE TO ESTABLISH A NEW FRANCHISE AGREEMENT FOR LOCAL TELEPHONE SERVICES TO BE PROVIDED BY NEXTLINK, OREGON, INC. Craig Prosser, Finance Director, reported that this telecommunication franchise agreement used the standard franchise agreement. He indicated that the City Attorney's Office accepted some of NextLink's requested changes to the agreement but not all. He noted NextLink's request to give them the authority to transfer the franchise to a parent company, sister company or subsidiary. He mentioned that a NextLink representative was present to answer questions. Councilor Patton discussed her concern that the wording of the transfer prnvisi on allowed NextLink to transfer the franchise in the event of a sale to a company, of which t'-e City knew nothing, without the City's consent. Tim Ramis, City Attorney, indicated that uilowi.az the City to review a franchise in the event of a sale was not an unusual provision. The Council and the NextLink representative agreed to table this item to the next available agenda following the City Attorney and the company attorney reaching a mutually acceptable agreement on the transfer provision language. CITY COUNCIL MEETING MINUTES -MARCH 28, 2000 - PAGE 15 7. CONSIDER CONTRACT WITH BML ARCHITECTS FOR LIBRARY CONSTRUCTION Mr. Monahan recounted the work of the Library Expansion Committee in reviewing the nine architect applications. He stated that they selected BML Architects because of their experience in working with public buildings and their use of an architect/library programmer on their project team. Mr. Monahan reviewed the terms of the contract, referencing Exhibit A listing the services to be provided. He recommended Council approval of BML Architects and authorization of staff to seek a budget adjustment of $37,000 to fund the needs assessment and the functional building program in this fiscal year, leaving the remainder of the work funded out of the next fiscal year. He indicated that this would position the staff with sufficient work completed to obtain a clear direction from the Committee and the Council prior to proceeding to the next level of actual library design and funding documents. Councilor Hunt asked if the work was budgeted in this fiscal year. Mr. Monahan explained that staff supplemented the $150,000 budgeted for facilities with the bequests of almost $900,000. He discussed a choice of taking the $35,000 out of the $900,000 or taking it out of the general fund. He proposed taking it out of the general fund unless the Council said otherwise. Councilor Hunt referenced the sentence requesting Council authorization of negotiations to purchase a library site, once it was selected. He commented that the sentence implied that the City had the money to buy the land. He asked where that money would be coming from. Mr. Monahan said that staff did not know at this time whether they would ask for direction to purchase the property or to obtain an option on the property. He mentioned the recent staff work in reviewing the department budgets with an eye to setting aside as much money as possible for a library project. Mr. Monahan indicated to Councilor Hunt that staff have not discussed using the bequest money to purchase the property. He said that they did discuss using the money leftover from building the browsing room for some other library purpose. Mr. Monahan explained to Councilor Hunt that this staff report did not address the issue of purchasing the land without having the funding secured to build the library building. He said that was an option, noting that, at a minimum, BML would help them find a site. Councilor Hunt expressed his discomfort at spending $70,000 for a study that might not result in an actual library building. Mr. Monahan acknowledged the point but referenced Beaverton's success in spending money on gathering detailed information and generating a strong voter turnout. Councilor Scheckla asked why staff were looking only at the downtown area for a site. Mr. Monahan explained that Council directed staff to look first at the downtown area, and then to look elsewhere if no legitimate sites were available in the downtown. Councilor Patton stated that she gave her comments on the contract to the staff earlier that evening. She indicated that her comments were primarily editorial in nature and should not hold up Council action. The Council agreed by consensus to direct staff to proceed with the contract subject to Councilor Patton's changes. CITY COUNCIL MEETING Mr dUTES -MARCH 28, 2000 - PAGE 16 8. COUNCIL LIAISON REPORTS 9. THORN STREET DRAINAGE IMPROVEMENTS Mr. Monahan presented the City Engineer's recommendation to accept the D&D Concrete Utilities bid of $43,27° for the Thorn Street storm drainage improvements. He noted that the Council acted as the Local Contract Review Board in this matter. Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt the staff recommendation. Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted `yes.') [5-0] 10. EXECUTIVE SESSION 11. ADJOURNMENT: 10:11 p.m. ,~1 A , )WAtte Greer A. Gaston, Deputy City Recorder ayor, City of Tig Date: 6-- 9 - Od 1:\AD WCATHY\CCM\000328. DOC CITY COUNCIL MEETING MINUTES -MARCH 2R, 2000 - PAGE 17 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON. OREGON 97075 Legal Notice Advertising °City of Tigard ° ❑ Tearsheet Notice 13125 S11 Hall Blvd. ° ❑ Duplicate Affidavit °Tigard,Oregon 97223 0Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Kathy-nyPY being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of them; Bard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at-S in the . aforesaid county and state; that.the agar 1 y ouncs.l u; .,r I , r,h+ c & Local Contract Review Board a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: ltarch 23 2000 K rl Aa cif rlarch 2000 Legal Notice TT 9607 Subscribed and sworn to efore me this r y g OFFICIAL SEAL ROSIN A. BURGESS ary Public for Oregon NOTARY PUBLIC-OREGON COMMIS •.ON NO. 062071 My Commission Expires: MY CObIMISSION rxPIRES MAY '16,2001 AFFIDAVIT The following meeting highlights are published for your information. ru„ agendas May be obtained from the City Recorder' 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING March 28, 2000 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON Study Meeting (6:30 p.m.) * Executive Session Business Meeting (7:30 p.m.) * Opportunity for Public Comment - Park and Recreation District Proposal - Council will consider whether to recommend to Washington County Board of Commissioners to place a park and recreation district proposi before the voters. * Consider Granting an Exemption to Villa La Paz from Property Taxes (Non-Profit, Low-Income Housing Project) * Local Contract Review Board to Consider the Purchase of Playground Equipment for Jack Park. TT9607 - Publish March 23, 2000. S a vio I-- /6 r""SrwZi h•~ ~--J(i i; tir t CITY OF TIGARD, OREGON ORDINANCE NO. 007 AN ORDINANCE ESTABLISHING THE FRANCHISE OF NEXTLINK OREGON, INC., A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, The ten-year franchise for the communication facilities and services provided by NEXTLINK Oregon, Inc., described in the title of this ordinance is now before the City Council for approval. The Council believes that the franchise should be approved under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need to have stable telephone communication and the need to have a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2000. Catherine Wheatley, City Recorder APPROVED: This day of , 2000. James Nicoli, Mayor Approved as to form: City Attorney Date EXHIBIT "A" A franchise agreement between the City of Tigard and NEXTLINK Oregon, Inc., a Washington corporation. SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the City of Tigard to NEXTLINK Oregon, Inc., (herein referred to as "Grantee"); its successors and assigns; subject to the development ordinances and regulations of the City, the right and privilege to conduct a telecommunications business within said City, or such other public property as may come within the jurisdiction of the City during the term of this agreement for the purpose of furnishing, telecommunications services as defined in State and Federal Law. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function, and purpose of serving as a telecommunications utility. This franchise is granted solely for the privilege of providing telecommunications services as defined by State and Federal Law. This franchise does not include the right to conduct the business of providing a "cable system" as defined in applicable law. Should the Grantee desire to provide a cable system within the City, it must comply with the City's regulations relating to cable communications in force at that time. SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, alleys, avenues, thoroughfares and public highways. SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place within the corporate limits of the City. The City will review the materials submitted and notify the Grantee of any City requirements. For repair work or other work not considered underground construction as stated above, the Grantee shall, if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable federal laws, state laws, or City ordinances. In emergencies, such filings shall be submitted within thirty (30) days of completion of emergency construction work. SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall restore the portion of the street, alley, road, or public way or place to the same condition to which it was prior to the excavation, reasonable wear and tear excepted. All such work shall be done in strict compliance with the written rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure of such repairs and restoration being made by Grantee, City shall cause such repairs to be made at the expense of Grantee. SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and its officers, agents and employees from any and all damages, costs and expenses or claims of any kind whatsoever, or nature, arising from any injury to persons or property by reason of the negligent act or omission of the Grantee, its agents or employees in exercising the rights and privileges granted hereunder and by this franchise. SECTION 6. The City, by its properly constituted authorities, shall have the right to cause the Grantee to move the location of any pole, underground conduit or equipment belonging to Grantee whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the Grantee. Such charges shall comply with state statutes and administrative rules. Whenever it shall be necessary for public necessity to remove any pole, underground conduit or equipment belonging to Grantee or on which any wire or circuit of the Grantee shall be stretched or fastened, the Grantee, shall, upon written notice from the City, or its properly constituted authorities, meet with the City Engineer and agree in writing to a plan and date certain to remove such poles, underground conduit, equipment, wire or circuit, at Grantee's expense, and if the Grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities, may remove the same at the reasonable and documented expense of the Grantee. The costs associated with the removal, relocation or extension of Grantee's facilities at the request of a private developer or development shall be borne by such private developer or development. SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall provide the City with the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for contact with construction-related questions and comments. All notices and other communications to be given pursuant to this agreement shall be deemed to have been duly given (i) upon delivery, if personally delivered to the person served or to an officer of the corporate party being served; (ii) two (2) days after mailing, if mailed by United states certified mail, return receipt requested, postage prepaid; or (iii) one day after mailing, if delivered by overnight carrier, delivery receipt requested to the parties at the following addresses: Such notices and approval shall be directed to the City as follows: City Engineer, City of Tigard 13125 SW Hall Blvd., Tigard, Oregon 97223 (503) 639-4171 Such notices and approval shall be directed to the Grantee as follows: NEXTLINK Oregon Inc. ATTN: General Manager 707 SW Washington, Suite #800 Portland, Oregon 97205 Facsimile Number: 503-241-8156 Telephone Number: 503-972-6863 With a copy to: NEXTLINK Oregon, Inc. ATTN: Legal Department 1000 Denny Way, Suite #200 Seattle, Washington 98109 Facsimile Number: 206-315-6320 SECTION 8. Upon request of the City, the Grantee shall provide available plans and locate any underground conduit or equipment belonging to Grantee, as required for the preparation of construction drawings. SECTION 9. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or other plant of Grantee for the passage of buildings, machinery or other objects, Grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities of the case require; provided, however, that the person or persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to Grantee of changing, altering, moving, removing or replacing its wires, cables or other plan so as to permit such passage, and shall deposit in advance with Grantee a sum equal to such cost as estimated by Grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential, caused directly or indirectly by changing, altering, moving, removing or replacing of said wires, cables or other plant, except as may be occasioned through the sole negligence of Grantee, Grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to move such building or other objects. Said notice shall detail the route of movement of such building or other objects over and along the streets, alleys, avenues, thoroughfares and public highways and shall bear the approval of the City. Such moving shall be with as much haste as possible and shall not be unnecessarily delayed or cause Grantee unnecessary expense or waste of time. SECTION 10. In consideration of the rights and privileges hereby granted, Grantee agrees to pay to the City five percent (5%) of the gross revenues derived from exchange access services, as defined in ORS 401.710 within the city limits less net uncollectibles. Such payments shall be made to the City every six months for the life of this agreement on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. Such 5% payment will be accepted by the City from the Grantee also in payment of any license, privilege or occupation tax or fee charged for regulatory or revenue purposes. The 5% payment is not accepted in satisfaction of payments due to City for the failure of Grantee to perform any of Grantee's obligations pursuant to this franchise agreement including but not limited to Grantees' obligations to bear the cost of repairs under Section 4 and the cost of relocation under Section 6. The City shall have the right to change the percentage of gross revenues set forth above, on a non-discriminatory and competitively neutral basis, at any time during the life of this agreement provided it has made such notice in writing at least 180 days prior to the effective date of any change. The City shall have the right to conduct, or cause to be conducted, an audit of gross revenues as defined herein. Such audits may be conducted at two year intervals beginning two years after the effective date of this agreement. The City shall conduct the audit at its own expense. Any difference of payment due either the City or Grantee through error or otherwise as agreed upon by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error. SECTION 11. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of ten (10) years from the date this ordinance becomes effective. It is understood and agreed that either party may terminate or renegotiate the terms of this agreement after 180 days notice in writing. This ordinance shall take effect and be in force on the day of its passage and approval. This ordinance shall be subject to any and all State or Federal laws and regulations. Grantee shall not assign or transfer this franchise without the written consent of the City, which consent shall not be unreasonably withheld; except that upon written notice to the City, Grantee may assign this franchise without the City's consent to any entity that Grantee controls, is controlled by, or is under common control with, or to any entity which acquires or succeeds to all or substantially all of the business or assets of the Grantee whether by consolidation, merger, sale, or otherwise. If any section, sentence, clause, or phrase of this franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this franchise. This franchise is subject to the provisions of applicable law, rule, or regulation, including without limitation the Telecommunications Act of 1996, and any applicable law, rule, or regulation. SECTION 12. The Grantee shall, within thirty (30) days of the effective date of this ordinance, file with the Recorder of the City its written acceptance of all the terms and conditions of the ordinance and if not so accepted by the Grantee, this ordinance shall be void. DATED this day of , 2000. CITY OF TIGARD OREGON, a Municipal Corporation By: Mayor James Nicoli ATTEST: Catherine Wheatley City Recorder ACCEPTANCE OF FRANCHISE WHEREAS, the CITY OF TIGARD, OREGON, under date of _'2000 passed ORDINANCE NO. , entitled as follows, to wit: AN ORDINANCE ESTABLISHING THE FRANCHISE OF NEXTLINK OREGON, INC., ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. NOW, THEREFORE, the undersigned, NEXTLINK Oregon, Inc., the Grantee named in said Ordinance, does for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No. and agrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, NEXTLINK Oregon, Inc. has caused this instrument to be executed by its officers as below subscribed this day of , 2000. NEXTLINK Oregon, Inc. By Received by the City of Tigard this day of , 2000. AGENDA ITEM NO.2 - VISITOR'S AGENDA (Limited to 2 minutes or less, please) DATE ApFil %-2W 2)/2 o 0 o Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED °t(i.a4-5- A -A V-11 f VISITOR'S AGENDA Page 1 Michael Trigoboff, Ph.D. President (503) 452-0652 mltsoftware ®home.com http://members. home. nebmttsoftware MLY Software, Inc. P.O. Box 19787 Portland, OR 97280 i IS~~bfS f~G~£~tC~Cc___ AGENDA ITEM # -~f a a FOR AGENDA OF 3-28-00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid award for thpurchase of a I I f rotary mower. PREPARED BY: Jeff Munro DEPT HEAD OK ;~7 CITY MGR OK. - The issue before the Local Contract Review Board is to award the bid to the sole responsible bidder, Farwest Equipment for an 11-ft. rotary mower at the bid amount of $ 44,000.00. STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award the bid to Farwest Equipment for the bid amount of $ 44,000.00 for the purchase of an 11-ft. rotary mower. INFORMATION SUMMARY_ A request for bids was advertised on March 1, 2000, with the bid closing date on March 15, 2000. There was one bid received on the rotary mower. There were five bid packets sent out to vendors. In contacting the four vendors that did not submit bids, the following are the reasons why they did not submit a bid. 1.Could not meet specs as they relate to width of mower and 4-wheel drive in reverse 2.Timing was wrong, so they didn't have time to submit bid 3.Misunderstood section under ENGINE in regards to, or equivalent 4.Do not make any mowers that small The rotary mower bid submitted by Farwest equipment meets all specifications and is within the budgeted amount. OTHER ALTERNATIVES CONSIDERED I.Reject the sole responsible bid that meets the specifications. 2.Direct staff to re-advertise for new bids VISION TASK FORCE GOAL AND ACTION COMMID'EE:'t'KA"I-t ux N/A In the fiscal year budget 1999/2000 an amount of $ 45,000.00 was allocated for the purchase of an 11-ft. rotary mower. The bid from Farwest Equipment is within this amount. i:\citywide\s=.dot PURCHASE REQUISITION CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Fax (503) 639-6795 TO: Farwest Equipment 8111 NE Columbia Portland Oregon 97218 Phone: 503-261-4381 Fax: 800-777-7069 Federal ID No.: (For services only) DELIVER TO: ❑ 13125 SW HALL BLVD ❑ 12800 SW ASH STREET ❑ 8720 SW BURNHAM STREET ❑ 8777 SW BURNHAM STREET Date: 3-16-00 From: Jeff Munro Dept: Parks/Grounds 3-2q .Lwf In yIh Qty Vendor Item No. Description DeptlAcoount No. Unit Price Extended Price Ronnum 1 Purchase of of 10.5 ft, rotary mower (see attached bid specification sheet for details) 100-1600-706000 $ 44,000 $ 44,000 S&H TOTAL $44,000 APPROPRIATION BALANCE: AS OF: PURCHASING AGENT: APPROVALS: (IF UNDER $50) DEPARTMENT DESIGNEE: (IF UNDER $2500) DEPARTMENT DESIGNEE: (IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: (IF UNDER $2.5+000) CITY MANAGER.: (IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE: (IF OVER $2500) CITY MANAGER: j:Xc4wlde C•dot .CI'I Y OF TIGARD 13125 SW Hall Blvd Tigard, OR 97223 INVITATION TO BID FOR ONE (1) ROTARY MOWER Date Due: March 15, 2000 Time Due: 2:00 P.M. SUBMIT PROPOSALS TO: Terry L. Muralt, Buyer City of Tigard Purchasing Office 1312-5 SW Hall Blvd. Tigard Oregon 97223 (503) 639-1171 ADVERTISEMENT CITY OF TIGARD INVITATION TO BID FOR ONE (1) ROTARY MOWER Sealed bids for (1) Rotary Mower for the City of Tigard, will be received by the Purchasing Division, City Hall, 13125 SW Hall Blvd., Tigard, OR 97223, on Wednesday March 15 at 2:00 PM. Formal opening of the bids will take place at City Hall Summer Creek Conference Room. Bid packets may be obtained at the City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling Terry Muralt, Buyer at (503) 639-4171, ext. 324. The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in the public interest to do so. PUBLISHED: DAILY JOURNAL OF COMMERCE DATE: Wednesday, March 1, 2000 Invitation to Bid - One (1) Rotary Mower 3/15/00 CITY OF TIGARD INVITATION TO BID FOR (1) ROTARY MOWER 1. SCOPE: The City of Tigard is requesting bids for One (1) Rotary Mover to, be used in the Public Works - Parks Division. II. INSTRUCTIONS TO BIDDERS EXECUTION OF BID: All bids must be clearly and distinctly typed or written in ink. No alterations or erasures are permitted. Mistakes must be crossed out and corrections typewritten or written in ink adjacent thereto and initialed in ink by the party signing the bid, or authorized representative. All bids shall be submitted on the "Bid Form" furnished by the City and must contain a manual signature of an authorized representative in the space provided or the City may reject the bid. Bid packet must also include this Invitation to Bid packet including Detailed Specification section, Deviation Sheet if any, the Acknowledge of Addenda if any and other information such as literature and brochures requested in this bid. 2. SUBMISSION OF BID: Bids shall be submitted in a sealed envelope and state "City of Tigard, Sealed Bid - "Rotary Mower" in the lower left-hand corner. It is the bidder's responsibility to ensure that the City prior to the stated closing time receives bids. The City shall not be responsible for the proper identification and handling of any bids submitted incorrectly. Facsimile bids shall not be accepted. Late bids shall not be accepted and shall be returned to bidder unopened. 3. BID OPENING: Sealed bids are to be submitted to the main City Hall Front Counter, 13125 SW Hall Blvd., Tigard, Oregon 97223 no later than 2:00 PM on Wednesday, March IS, 2000. Bid opening shall take place at City Hall Sumner Creek Conference Room. 4. PRICE: Price shall be valid for 60 days from bid closing date. 5. COMPLY: Bidder's shall comply with all the terms and conditions contained herein and which are hereby made a part of this contract. Failure to famish all information with a bid as requested and outlined in this ITB may result in rejection of a bid. INTER-GOVERNMENTAL CO-OPERATIVE PURCHASING: City of Tigard is an active participant in the Intergovernmental Co-operative Purchasing Committee of the Columbia Chapter, National Institute of Governmental Purchasing. We therefore request that bidder extend identical prices and services to other public agencies wishing to participate in this bid. Each agency wishing to utilize this bid will issue a purchase order binding only their agency. Each contract is between the supplier and the individual agency with NO liability to the City of "Tigard. Invitation to [aid - Onc (1) Rotary Mower 3/15/00 Supplier may increase costs to other agencies participating in the agreement due to additional shipping costs, quantity or other legitimate reasons. Any limitations MUST be listed on a separate sheet of paper and attached to the Bid Form. 7. CONTACT: Please contact Jeff Munro at (503) 639-4171 ext. 397 for questions regarding bid specifications. Any questions regarding bidding procedures contact Terry Muralt at (503) 639- 4171 ext. 324. III. GENERAL TERMS AND CONDITIONS REJECT ANY AND ALL BIDS: The City reserves the right to reject any bid not in compliance with the bid documents or with all prescribed public bidding procedures and to reject any or all bids upon a finding by the City that it is in the public's interest to do so and to award the contract to other than the lowest bidder if deemed to be in the best interest of the City. ACCEPTANCE/AWARD OF BID: All bids submitted shall be binding for 60 calendar days following the opening date, unless extended by mutual consent of all parties. EVALUATION: Award of bid will be based upon the best and most responsible bid submitted. Consideration will be given to, but not limited to prce, meeting specifications, equipment warranties and a timely delivery date. ADDENDUM: The City may modify the ITB by issuance of an "Addendum" to all prospective bidders within a reasonable time prior to bid closing to allow bidders to consider them in preparing their bids, but in no case less than 72 hours before the bid closing. If an Addendum is necessary after that time, the City, at its discretion, can extend the closing date. Any Addendum issued, as a result of any change in the ITB, must be acknowledged by submitting the "Acknowledgment of Addendum" with bid. BID PROTEST PROCEDURES: Protest of bid specifications or contract terms shall be presented to the City in writing. To be considered, protests must be received at least five (5) days before the bid closing date. All protests should be directed to Terry Muralt, Buyer. The right to protest bid specifications is provided in Tigard Purchasing Rules, Section 30.050). Any written protest shall include the reason(s) for the protest and any proposed changes to the specification(s) or contract terms. No protest against award because of the content of bid specification(s) or contract terms shall be considered after the deadline established for submitting such protest. Purchasing shall respond in writing to written protest, and where appropriate, issue all revisions, substitutions, or clarifications by Addenda. Protest of bid specifications shall be marked as follows: BID SPECIFICATION PROTEST ROTARY MOWER BID OPENING: March 15, 2000 If bid protest is received in accordance with section above, the bid opening date may be extended if necessary to allow consideration of the protest and issuance of any addenda to the bid documents. Invitation to Bid One (1) Rotary Mower 3/15/00 NEW EQUIPMENT: Equipment furnished shall be a new current model and shall be completely prepared for customer delivery through service by the selling dealer prior to delivery. A pre-delivery inspection and service sheet properly completed and signed by the service manager of the seller shall be furnished with the equipment. WARRANTY: The manufacturer and supplier shall cover equipment furnished in accordance with the specifications standard warranty and guarantee. Please submit copies of all warranties related to equipment specified in this bid. OSHA REQUIREMENTS: Equipment furnished shall meet current Federal and/or Oregon OSI?A requirements. SERVICE: Bidder shall submit a description of service and parts availability and location. The service facility must be factory authorized, full service, parts stocking dealer. Please include a list of the nearest factory parts and service location. MANUALS: Successful bidder shall provide one (1) each of manuals, published by manufacture, relating to maintenance, repair, parts and service, and operating instructions. Cost, if any, of manuals or any literature shall be included in the total amount of bid. TRAINING: Successful bidder shall fully instruct City employees, at no additional cost, in the operation and maintenance of the rotary mower furnished after delivery, at City of Tigard, Water Building, 8777 SW Burnham, Tigard, OR 97223. DEVIATIONS: Bidder shall complete the detailed specification section of this bid document. Failure to do so will be cause for rejection of said proposal. Where it is not possible for the bidder to meet the specification, he shall indicate so by writing "no" in the "Meets or Exceeds Expectations" column. Any items marked "no" shall be explained on the attached "Deviations Sheet". DELIVERY: The successful bidder shall notify the City not less than three (3) days in advance, when the equipment will be delivered. The designated delivery point and contact person(s) for this shall be: City of Tigard Public Works - Ben Tracy 8777 SW Burnham Tigard, OR 97223 Phone: (503) 639-4171 ERRORS IN BID: When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected and the bidder will be required to perform if their bid is accepted. METHOD OF PAYMENT: After dclivcry and verification of spccifications, payment shall be approved and authorized by the City. Invoiccs shall he sent to City of Tigard, Attn: Accounts Payable, 13125 SW Hall Blvd., Tigard, OR 97223). Payment is norrnall_y made within 30 days following the date the entire order is dclivered or the date the invoice is received. Invitation to Bid One (1) kolary Mower 3/15/00 IV. DETAILED SPECIFICATIONS Bidder shall complete every space in the "MEETS OR EXCEEDS EXPECTATION" column by marking "yes" if it meets specification, or "no" for any. deviations. Any items marked "no" shall be explained in the column or on the attached "Deviations Sheet" and submitted with bid. Description Meets or Exceeds Expectations GENERAL The Rotary Mower should be the manufacturer current production model and shall be capable of mowing without any equipment modifications. All qualified bidders must have and maintain a complete inventory of repair parts as well as having experienced service personnel for this equipment. A factory trained person shall be made available at the time of delivery for initial start up training on the operation of the equipment. An additional 4-hour training session shall be provided within the first two months after delivery, if requested. ENGINE Kubota, 4 cylinder, liquid cooled diesel, 51 horsepower minimum output @ 2,800 ipm, 45-amp alternator, or equivalent. FUEL SYSTEM Minimum fuel capacity shall be 20 U.S. gallons. COOLING SYSTEM Engine: Heavy-duty fan, minimum of a 2-gallon coolant capacity, and water temperature gauge. Hydraulic: Tilt-out hydraulic oil cooler, minimum 17-gallon reservoir, trap door clean out on bottom of unit for grass removal. ELECTRICAL 12 volt starting system, heavy-duty battery, 45-amp alternator and console mounted key switch. DRIVE TRAIN Invitation to laid - One (1) Rotary Mower 3/15/00 Hec_,_~ H~~~ Ne7~1_3 M~ !`1E67_S MF15_1 -S Unit shall have 4-wheel hydrostatic drive. Unit must be capable of At eEW 4WD in reverse. Electra-hydraulically activated differential lock. Operator must be able to select 2 or 4WD via rocker switch located on control panel. Foot operated traction control pedal is required. Invitation to Bid - One (1) Rotary Mower 3/15/00 SPECIFICATIONS (Cont'd) Description Meets or Exceeds Expectations 'T'RACTION SYSTEM Unit shall be equipped with a hydrostatic closed-loop system,f variable displacement pump, fixed displacement motor to front differential axle with integral gear reduction, motors on rear wheels Electro-hydraulically engage/disengage for 4WD. BRAKES Dynamic hydrostatic braking from transmission, hydraulic disc brakes ^ 6(- e;r3 on front wheels, and independent disc parking brake on driveline. STEERING Hydraulic power steering, tilt steering wheel, and rear wheel steering. TIRES/WHEELS S Front drive tires must be a minimum of 26x12-12; rear tires must be a minimum of 20x10.0-10. Tire type must be a standard turf bar tire. Castor wheels for cutting units must be pneumatic tires. FRAME q, Must be heavy-duty welded all steel frame. CONTROLS Unit shall be equipped with: Foot operated traction pedal / Ilee n PTO engagement Hand-operated throttle /]rS Key switch Differcntiai lock switch, Deck lifUlower 2WDAWD switch with 4WD reverse Unit must have manually operated hydraulic weight transfer to shift weight of mower decks to traction vehicle for hill climbing. Invitation to Bid - One (1) Rotary Mower 3/15/00 SPECIFICATIONS (Cont'd) Description Meets or Exceeds Expectations GAUGES Unit shall be equipped with: Fuel gauge Hour meter _ I~f EtlS Voltmeter Tachometer /t'1~73 Water temperature gauge INDICATOR LIGHTS Unit shall be equipped with: Glow plug Engine oil pressure Water temperature Air filter restriction Hydraulic oil filter pressure /°-~lFTS Oil temperature /`IIf~S Hydraulic filter pressure Hydrostatic low-charge pressure Unit must have warning horn if engine coolant or hydraulic oil begin to overheat. DIAGNOSTIC TEST PORTS Will include ports for: Traction circuit AfLift/lower circuit Steering circuit Charging circuit Control valve OPERATORS SEAT Unit will be equipped with: Adjustable high back Arm rest Adjustable fore/aft >t.JS Suspension Invitation to Bid - One (1) Rotary Mower 3/15/00 Adjustable weight SPECIFICATIONS (Cont'd) Description Meets or Exceeds Expectations SAFETY INTERLOCIC Switch to prevent starting if parking brake is off, PTO switch is~ on or hydro pedal is out of neutral. Auto shut off if operator leaves the seat with PTO engaged. Unit shall be capable of having the mowing decks disengage when raised above 15 degrees and start when lowered. CUTTING UNITS Unit shall have a minimum cutting width of 126", with 3 individual 775 cutting decks that have the ability to cut 1, 2 or 3 decks at a time. Center and wing decks must be fully floating. Rotary blades shall be hydraulically driven by individual, self-lubricating hydraulic motors. Blades must operate for even clipping dispersal. Decks must be rear discharge and the center deck must be able to lift up vertically for easy cleaning and servicing. Cutting heights must be adjustable from 1" to 5.5" in '/2" increments. SOUND LEVEL RATING Shall be no more than 88.9dBa at operator's ear while sitting in the operator's seat with engine running. FULL CAB Unit shall be equipped with: ROPS tested and certified structure Emergency exit/window Composite roof w/headliners and panels Console mounted heater Front wiper Console mounted pressurized fan W/adjustable Vents Upholstered interior and floor mats Left-side and front handholds Tinted glass Gas assist door Seatbelt 10 Invitation to Bid - One (1) Rotary Mowcr 3/15/00 SPECIFICATIONS (Cont'd) Description Meets or Exceeds Expectations PERFORMANCE 1 Blades should operate for even clipping dispersal up to 4 inches height. 2. Ground speed must have a minimum potential of up to 6.0 mph for mowing. 3. The mower needs to be able to mow up to 7 acres per hour. 4. The City has two weeks after the delivery date to determine if the mower is performing as specified. If it does not the equipment will be returned to vendor at no cost to the City. DELIVERY REQUIREMENTS Vendor to deliver within 60 days after award of bid. If delivery is more than 60 days the vendor is subject to a 5% late fee. Circumstance regarding a late delivery and a late fee will be at the sole discretion of the City of Tigard. WARRANTY M~ ~n Mower shall come with a manufactures warranty of no less than 2 years A41~e rS or 1500 hours. Warranty shall cover the complete mower with the exception of normal maintenance items. While the warranty is in effect, the vendor shall pick up and delivery the mower to and from the City shop at no cost to the City, for the needed repair. The vendor shall be required to perform this service within 24 hours of notification from the City. Any parts needed in a warranty repair must be delivered to the vendor via "next day" air delivery at vendor's expense. If the vendor cannot repair and deliver the mower within 5 working days, the vendor shall deliver a "loaner" equivalent to the City owned mower within 2 days of having received the City owned mower. TRAINING AND SAFI,TY 1. Operation training: An authorized, factory representative will be made available for training at a facility designated by the ~~s i "eenv- Invitation to Bid - One (1) Rotary Mower 3/15/00 City. The training shall cover complete operational, mechanical, and safety overview of the unit. SPECIFICATIONS (Cont'd) Description Meets or Exceeds Expectations 2. Manuals: A complete set of operation, maintenance & repair, parts and safety manuals shall be provided upon delivery of the unit. In addition to the manuals, and operations training, a VHS tape and laminated reference guide will be provided for training operations to new personnel. QUALIFICATIONS OF BIDDERS 1. Bidder shall show proof of a sufficient supply of stock parts on hand at all times. Sufficient supply of stock is determined by whether the vendor can supply needed parts within 48 hours of request. Failure to provide this information may be cause for rejection of bid. 2. Bidder shall show proof that the stock model chassis meets the requirements of the specifications without material changes and modifications. Proof shall be provided in a written statement submitted along with the bid proposal. Failure to provide this information may be cause for rejection of bid. APPROVED EQUAL These specifications are not intended to be restrictive, but meant to describe the type and size of unit desired to be purchased in detail. If a bidder is basing its proposal on other equipment than what is specified in this bid document and wishes the machine proposed to be considered as an "approved equal" they must submit it on a separate sheet with an item by item description one week prior to the bid opening. The bidder shall also include any manufactures literature or specification. EXCEPTION TO SPECIFICATIONS If the bidder takes exception to any item, they mast note the item and describe how the exception is an "approved equal". The City Park Supervisor will determine whether an item is deemed an "approved equal". Failure to carry out the provisions noted here could'be sufficient reason for rejection of bid. Invitation to Bid - One (1) Rotary Mower 12 3/15/00 DEVIATION SHEET State below the specification paragraph where deviation from specifications occurs and what manner it deviates. Comp A lonzed Sip= aturc A-IAJ /.57; 700C) Datc Invitation to laid - One (I ) Rotary Mower 13 3/15/00 CITY OF TIGARD "BID FORM" Z1. Bid Opening: 3 ITEM: One (1) Rotary Mower The undersigned proposes to furnish labor, equipment, transportation and materials at the price indicated, all in accordance with the specifications and provisions listed in this "Invitation to Bid - One (1) Rotary Mower" ONE (1) ROTARY MOWER 0 00 a¢V FC-02 n:9,0 l M.1D APJD MQ A0057 NV022ED C OATS (dollars) (cents) Company Name: r4w)ar emu L rte✓ lj$- Contact Person: P~m ~¢t~w Title: ~5• Address: Phone: a)2-91 - 3CL-_ D o. • ®C2 'ignature Azed Representative Date Title This form must be included in submitted bid. Invitation to Bid - One (1) Rotary Mower 14 3/15/00 ACKNOWLEDGMENT OF ADDENDA I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: (If none received, write "None Received") 1. ,C10A1457 ~~l UE~D 3. 2. 4. Date r, ignature of Bi r Title ~r Corporate Name Invitation to [aid - One (1) Rotary Mower 15 3/15/00 Limited Warranty 1. Warranty Jacobsen Division of Textron Inc., (Jacobsen) warrants only to the original retail purchaser ("Warrantee") that this product shall be free from defects in material and workmanship for a period of two years (1500 hours) from the date of the first retail purchase. (90 days if used for rental purposes) 2. Items Not Warranted Jacobsen makes no warranties or representations with respect to repairs performed by anyone other than an Authorized Jacobsen Distributor or with respect to, where applicable, engines', batteries, tires, and BOPS, which are separately warranted by their respective manufacturers. Routine adjustments or normal wear and maintenance items are not covered by this warranty. 3. Conditions Which Will Void Warranty A) The speed of the unit is increased beyond factory specifications or the product is modified in anyway which would adversely affect its safety or performance; B) The unit is not maintained or serviced in accordance with this publication; C) The unit is abused, or is not used in its intended manner. 4. Exclusive Remedy , The warrantee's sole and exclusive remedy for breach of this warranty or any defect or failure of the product, including any remedy provided by applicable federal or state law, statutory or common, is that Jacobsen will, at its sole option, repair or replace the product or any defective parts and cover the cost of labor associated with such repair or replacement. Transportation costs are not covered by this warranty. 5. Flow to Obtain Warranty Service If warranty repair is necessary, contact an Authorized Jacobsen Distributor. All defective parts must be returned to the Distributor and become the property of Jacobsen. 6. Disclaimer This warranty is made in lieu of all other warranties, implied or express, including any warranty of merchantability or fitness for a particular purpose. Jacobsen further disclaims any liability for incidental, direct or consequential damages, to include by not limited to, personal injury or property damage, arising from a breach of this warranty or any other defect or failure of the product to the extent allowed by law. No agent, employee or representative of Jacobsen, or any other person, has the authority to bind Jacobsen to any other affirmation, representation, or warranty concerning the goods sold under this Warranty. For Further information; call (414) 637-6711 or write: Jacobsen Division of Textron Inc. Warranty Department 17211 Packard Avenue Racine, Wisconsin 53403-2564 Kubota engines are warranted by Jacobsen. All other engines are warranted by their respective manufacturers. 2Y197 y JACEN UJ3 N LLGJk,,l TURF CARE AND SPECIALTY PRODUCTS i1, yi,.o;fti i '1 ~~I 9tt1' ~ i• ~ r ~yL , r . y~` ~~'illi , , ~~c„ ur ,ill lur•r• r ~u I\ H i g h- P r o d u c t i o n, Q u a I i t y ROSS seat belt standard c it Each bh powerec individu molor Adjustable nsion seat ntain, c decks E a s y ® p e r a t i o n, R e s u l t s Durable, attractive fiberglass body Moaling decks, pneumulic, .Sure-footed, hydrostatic 4WD castes and anti-scalp rollers of. -rators in Comfortable Control The HR-5111 is 30 ?0,11 IS designed to provide a high level of operator comfort for increased productivity. The adjustable, high-back suspension seat provides proper back and hip s: ,;)port, and all controls are within eas Xn. All-day oF-°-"__ eas - i cruise cor stc -wheel. Ea ead gauges a kc: operator aw m; unctions. For pr n, an audio sa engine coc . tr by C oil ex(, the proper op(: ;ng temperature. Photographed at Longboat Key Club, Longboat Key, Florida For year-round comfort, choose the optional canopy or full cab with heater and windshield wiper. A rollover protection structure (ROPS) with seat belt is standard. Power to Get the Job Dome Hydrostatic 4WD with differential lock allows this unit to tackle tough hills that would stall the competition. A hydraulic weight-transfer system shifts the weight of the decks to the vehicle for improved traction on hills.* The HR-51 11 features dynamic braking and heavy- duty, hydraulic disc brakes on drive )pping. * Consult your owner's manual for safe operation on slopes. r v 777-7- H i g h- P r o d u c t i o n E a s y O p e r a t i o n, Q u a I i t y R e s u I t s Easy Maintenance For easy c leaning a11(1 servicing, the wing (leeks on the 1 IR-51 11 tilt vertically front deck tilts vertically by renaming two bins at the rear of the (leek. Diagnostic lusts make it simple to check hydraulic lrresstrres. The durable, fiber"lass hood tills up and back for full ac•ccss to the engine, an(I the hydraulic oil c•oolcr sli(les away front the radiator for easier cleaning. World-Class Quality, Performance And Support The .lac•obscn I IK-51 1 1 is built to cxac•ting stan(lards ensured Irv IS( ) 9001 registration at all Textron 'T'urf Care And specialty Products TEXTRON Manufacturing locations. A wo•1(Iwide (lealer nct%vork and factory-trainc(I technicians backed by Tcxt-on Parts Xpress provide reliable. high-duality product support. Find Out More .See the 1IN-51 11 at your Textron 'T'urf Care And spccialty Products dealer today. For the location of the dcalcr ncarest you, call 1-888-922-TURF. Or visit us on the World Wide Web at: wtyw.ttc•sl>.tcxt ron.c•onr I 5 p e c i f i c a t i o n s I ENGINE Model Kubota V2203D 4-cylinder, hgwd-cooled, diesel I-furwpower (CV 7.800 rprn) 49 (365 kW) Displacement 134 1 cu in (2197 cc) Torque (CU 1,200 rprn( 109 lb It At Cleaner Remote Cyclopac cartridge type Cooling Pressurized, sealed roaring system. 7-bride Ian, coolant capacity 2 gal (7.6 1) lubrication . . Fully Pressurized Oil Filter. Replaceable spin-on type Electrical Systern_...._.._.... _ .................45-arnpalternator. 75000A heavy-duty battery circuit breaker DECKS Size... (1) 64 in. (1.62 rn) front deck, fully floating (2) 42 in. 11 06 rn) wing decks, fully floating decks can be nut in any combination of 1,2 or 3) Blades...... (7) 23 in 1.58 rn) Blade Drive......_.__ Hydraulic motors with integral bearings, self-lubricating Cutting Width 134 in 13.40 m), 99 in. (2.51 rn) with one wing deck raised, 64 in. (1.62 m) with both wing decks raised Discharge Rearward Caster Wheels . (10) 4 x I I pneumatic tires Cutting Heights I in. to 5-1/2 in (24.5 mm to 139.7 mm) VEHICLE Transrrussion I fydrostatic Traction System I lydroslatic closed loop system, variable displacement piston pump, fixed ci spldcernent piston motor to front differential axle with integral gear reduction, motors on rear wheels ele-ctro hydraulically engage/disengage for 4WD Differential Single speed, differential lock electro-hydrauhcatly activated PTO Drive Hydraulic Steering... Power- rear wheel, tilt steering wheel Tires. Front (Drive). 76x 17-12 Rear (Steering) 73 x 10.5-12 Service Brakes Dynamic braking from transmission- hydraulic disc brakes on front wYteels Parking Brakc•.....__._ Independent disc on drive line Hydraulic Systern..__,..._.._. 1 7 gal. (64.3 1) reservoir, "O" ring face seal fittings, charge and return filters. suction screen at tank, oil cooler, diagnostic test ports Speeds. Forward (2WD)_ 0-15 mph 10-24 1 kin/h) (4WD) 0-8.4 mph (x13 5 km/h) Reverse 12WD) 0-6 mph (0-9 6 Km/h) (4WD locked out) Instruments Voltmeter, hourmelec tachometer, water temperature gauge, fuel gauge Indicators. Glow plug, engine oil pressure, water temperature, air filter restriction, hydraulic oil filter pressure, oil temperature, hydrostatic low charge pressure, filter pressure Cnntrols......_ Throttle, hydraulic lift/lower. Ignition switch. glow plug switch- PTO switch, individual mower switches. hydro pedal, brake, differential lock switch Fuel Capacity _ 20 gal (75.7 1) Seat Adjustable high brick, suspension ROPS Standard 2-post vwth seat belt DIMENSIONS Weight (transport) 3.381 lbs (1.534 kg) Height (with ROPS) 81 in 12.05 m) Width (mowtng)____ 139 in. (3.53 m) Width (transport)...... 93.5 in (2.37 m) Length_ 144 in. 13.66 m) Turning Radius (uncut circle) 20 in. (51 cm) Wheelbase. 67.75 in. (1.72 m) Ground Clearance.. 8 in (20 cm) SNOWBLOWER Drive.... Hydraulic Width...... 62 in 11.57m) Weight (approx.) 450 lbs. (204 3 kg) ROTARY BRUSH Drive__... . Hydraulic Diameter 25 in ( 63 rn) Length 72 in. (1.83 m) Brush Material _ Wafer style polypropylene . Brush Swing Mechanical, lock positions 30 degrees right, left, straight ACCESSORIES Canopy, working lights, headlights and flashers. rear-wheel steering weights. leaf mulcher kit ALLIED ATTACHMENTS Snow blower Rotary brush NOTE: Specfications. while correct at time of printing, may change without notice. This product has been tested and complies with B71.4-1990 ANSI voluntary safety specifications for commercial turf equipment, and it also complies with EU safety regulations. Your safety is important to us Before operating any turf maintenance equipment, consult your operator's manual for safe operating and maintenance procedures. JAC SEN JACOBBEN CUBHMLSN RANSOMEB RVArS kljA TURF CARE AND SPECIALTY PRODUCTS w.wvttcsp textron com 1121 Pac&ird Avenue. Raune. WI 53403.21,64 LJ-691 16-D399-7 0 1999 Textron turf Care Md Sfxoalty Products M rights reserved Pnnted in U S A 03/16/0.0 „ 11.37 12803 252 8360 LUCKY DIST. PDX Q004 HR-5111 Tractor Parts Per. No. my i - oescrtpl 2 J1 Tt ru, Whtet M M E 103 2 ruO. 23 x 105-12, Steering 4 O W92 2 Tire. 26 x 12.12, Drive 4 1001368 1 8Witcly Jgntbn j 5000039 1 Jg 4ftn Key 44 IW72S 1 Hounneter 4 7527"77 7 13oRmater i 3005121 t Etter Ternperaturo 1;auga 2 567381 1 Get, Fan 5 355943 1 FUM Gauge 5 339427 1 Tachometer 5547833 1 & ml Kit, Wtml Mgkw CUt#i»g Deck i-art No. 1?ESGriJ7t/C~12 10/213 W 7 Blade A kgftr 400410 7 SCMMM 112-13 x 1-14 (Blade to l4 &w) _ 446154 7 LQ&Waaw. tl2 HvY 4OM64 14 Scremm 318-16 x 1-1/4 (E4atlt to Ada ter) 446142 14 p Lookwasher. 318 Hvy 4437733 14 NA 318-18 Filters Vew-rlpUon Part Noe. Emjk* Off 15 1655773 #tydruuk O1- Return 5 555771 g+drauJ;c Oil- chaive Air 23 536418 New #2811255 ir 10 s4S5;i,3 Fuel 557619 PfedenhWvv Abhgenarwe Sc4yWCe Tip For ophnlum cutting quality and flue/ eoonony, aJWdys ntt M113M stra,Ts, boadaMed cWtwU bt8des. Sharpen blades ewer 68 hours of gaemfion or J71M frequently in sandy corimons. 70 marina ----Qgms Me Owfowt d--zxt the radiator and add a 5W50 coofstnl r ngkjUra as jj&~ Check D t d,2* Change cX oW Lifter and air fiber &wry.25t7 trvum. Blades pwt fie'. t2ty Description Price 38'•0.'33 3 CiNter Bade. L.H............... 34 76.85 ,W104-b- 1 4 i liter BJacfe, R.ii...._...,,..•29 16 85 0 29 03/16/00 11:36 12503 262 8360 LUCKY DIST. PD% 0003 . ^~,1.,+.~~• i..,,.: '~~i:'%;."(~:~l ;:fi'. `t ..!~ia~i?'....arr.~~+.:;'?2r S!vY:~K~a: f•;'~,.''..,..~,^' y. ;r y..'°i+~Li°3:T~r~~Y~ik+`,.S AAM t i J r tr,•¢,•~rrT i.~ S• ^ r~t s`~`k3. { suy~FM1 b'~ ,r/~.;Fi .}y,(..'~ ~K•. ~•'/'[CIF/t%!"fr:~i'~•CIIY.MR~:![.f'iQC{l i:iiSFatlY.~f'/! c7v rr_ :1~'t-,:•~,,'. • ~s~~''-.",r, ;t}f,.'. yiPig ;-1 ••~~i~ =;fi !gg ''~:<p: • _ ..r.. ._..r..y ,t~•q -a1 r?i' ~3"; ~.'%:5~•:r~'' iF.,.F4 : = ~ t~~'~..r . t u y-• a ~a•`?%i: 1G~1 c~ i'`• 1...%y: T -r; *77 .Y fir. •.i>•. s,. J'at; ~J,~.l • a {--~>~'•-•t~x ~ ~ ~'-••.jY•; ~ r 9Xi~7: ~F%~~ x ~ y~E~l' .Fz i~t' ~~~~u ~ ~ f ~J Y/'l~"~.~.wa•~r ° yc{~~t-~SZ~%Y~ ~'.r.~° •~~'i~'': V,}`~~/pyfr, ~{~ry(//j(~jy •4C.~ti7~7VSTGN.''i..:-' J: tY Z I ' S - r : Ya_r r i~y, .ti. ~ ....Z..i•a.~"'_,,.: a.s..w::a•I'!•.:•. s-_ .v,:. ? .\.rl-.S _-i.:!:M rh .1.~~._ rc7. r:.:i EXPENSES y t 1 Lf Y 4 4 1 t f i I / t t f x A Whok New Level of Performance! ' ~ . AGENDA ITEM # 3 a b . FOR AGENDA OF 3-28-00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Purchase approval for playground equipment for Jack Park from state contract PREPARED BY: Jeff Munro DEPT HEAD OK -7% CITY MGR OK f ISSUE BEFORE THE COUNCIL The issue before the Local Contract Review Board is to approve the purchase of playground equipment for Jack Park from state contact. STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board approve the purchase of playground equipment from Recreation Resource, Inc. for the amount of $ 53,000.00 INFORMATION SUMMARY The playground equipment purchased for Jack Park will be from the state contract for playground equipment for Oregon State agencies and other authorized agencies. The State of Oregon chose three vendors for playground recreational equipment, they are, Wildwood Playgrounds, Sitelines of Oregon or Recreation Resources, Inc. Staff recommends that we purchase our playground equipment from Recreation Resource, Inc. for the following reasons. -15 year warranty on all steel and plastic components and Tender Tuff Coating -3 year warranty on all moving parts -IPEMA (International Playground Equipment Manufactures Association) certified products -ISO (International Organization for Standardization) certified -Standardized slide hoods -Stainless steel tire swing swivel with no pinch points -6 stage pretreatment powder coating process in conjunction with Super Durable powdercoat paint -In-depth list of reference which include Portland Parks & Recreation, Tualatin Hills Park & Recreation, Willamalane Park & Recreation, West Linn Parks & Recreation and Salem Parks & Recreation. -ADA approved playground equipment In an effort to reduce cost and increase the recreational equipment in our parks, the Parks Staff has committed to install the major portions of the playground structure in house, which reduces the cost associated with installation. Recreation Resource, Inc., who has certified installers, has agreed to work with us throughout the installation process and guide us accordingly. We will also be working with certified Tualatin Hills Part; & Recreation playground equipment installers who recommend Recreation Resource, Inc. as the top playground to install in house due to simplified layout/design and technical support from manufacturer and vendor. We have purchased slides, swing sets, benches and other playground items from Recreation Resources, Inc. in the past and have found the quality of the product and the quality of service to be outstanding. Price includes an ADA accessible route of travel from our current bike/pedestrian path and ADA soft fall-tiles, which will be installed by staff. Included in the packet is information regarding the product, references and certifications. Staff may be directed to go through the formal bid process and advertise for bids Reject recommended state contract vendor and select another vendor from the state list Accommodate growth while protecting the character and livability of new and established areas as well as providing recreational opportunities. In the fiscal year budget 1999/2000 an amount of $ 53,000.00 was allocated for the purchase of playground equipment for Jack Park. The bid submitted by Recreation Resources, Inc. is within this budgeted amount. iAcityvideNm mdot PURCHASE REQUISITION CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Fax (503) 639-6795 TO: Recreation Resource. InG PO Box 4508 Salem Oregon 97302 Phone: 1 800 635 2525 Fax: 503-581-7863 Federal ID No.: (For services only DELIVER TO: ❑ 13125 SW HALL BLVD ® 12800 SW ASH STREET ❑ 8720 SW BURNHAM STREET ❑ 8777 SW BURNHAM STREET Qty Vendor Item No. Description Dept/Account No. Unit Price Extended Price Playground equipment for Jack Park ( see attached sheet for specifications) 100-6100-750110 53,000.00 53,000.00 oD C~re m- - ~ILojt g 1 rtJ C-d 4 ~ C t S&H TOTAL 53,000.00 APPROPRIATION BALANCE: APPROVALS: (IF UNDER $50) DEPARTMENT DESIGNEE: (IF UNDER $2500) DEPARTMENT DESIGNEE: (IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: (IF UNDER $25000) CITY MANAGER: (IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: CAPITAL EXPENDITURES NOT BUDGETED: (IF OVER $2500)) CITY DI FINANCE: MANAGER; AS OF: Date: 3-13-00 From: Jeff Munro Dept: Parks/Grounds PURCHASING AGENT: i:XdtyMde'purchreq.dot 1 I I I I I I 1 I I } l I { I r ~ 14 r r 1 } _ I ' f / r t f l / r I I I 1 I I ~ 76 l FMW ♦ CUM11 T ! ! / ti t ~I v 1 ~ M I a i t n „wo - r ' 72 ,d. , 9 ,na uKV { 40 $4 at~0iwt~ I , 7 s m v YAA, ni `mio / ! j r r~ / Oval a2 C,) / ,kw w UK nor" Jack Park ugtltf~iYE~SnLcn~Efpq y ~ ,t/ryq WAY !ri .IO {s!SICf1LlL O3O01pO1O4 r 1 I JI I 1 t t v ~ f I all 1 H 41, ali- dor .61 ! ! r l = t t ° Z 1 1 ~ I - Y i i 1 i rill ! 1 Irk i loo, v. ~ f ~ I Ie} 03/07/2000 10:45 5035617863 REC RESOURCE PAGE 06 I- lb I 't I Y' d(S} PRICIC EA. 1WENSION PRE2EXGRT 'DOTAL IAW)SCAPE STRUCT=S PLAYBOOSTER, 41 $ $ $ NON-MSTING ALiTiUMM POSTS/CLAMPS/ . 16 CAPS WITH 100 YEn Wd1 dUWYI TKNDER•-: 2 DECKS, ADA ACCESSIBLE VIA TRANSFER : POINT 1 - Play'Booster with I has tanderdeck, : 3 square tci:derdec&s, 4 tri tender- decks, 3l DA transfer module, balcony deck with steering wheel, double poly slide with saftaty bood, slidewinder : slide with safety hood, cscending : chain climber, circus ladder,, cork-- screw climber, fish net alimber, cir- cular horizontal ladder, awing slut, disc challenge, firepole, hole panel, : match 4 panel, stare front panel, 2 : pipe barrier walls, 4 handimp asset-: lies, vex-tical ledger with 1 LS 100051D 4-place 10' high swing unit with 2 belt seats, full bucket seat, t : and one molded bucket seat Incl' eel: 23566.00 CONTYMED ON Paus 2 : EXCLUSIVE REPRESENTATIVE for LANDSCAPE STRUCTURES Park and Fl.+aygromd Equip-, DuMor Site Furniture, and Classic Recresatioin System Steel Shelters ti1rlfrdr dkir~t~,m dnk*~~r~k,trd~ ~at&•Ar ~ iF~ xr#fr ~r ~ yr~r ~e ~ ~tk s~ ~ a4 sa ~frie arw xr a~s4 ~ # x w WE'RE PROD OF THE )DUCTS FEE OFFUR ~ ►raai~rww,k~r~rr,t,k8e,pikYt xryr,k *w~,e~~►,~*ww*w**~~*+ax~r*~xs~sr•xsrsrxyrx~ex PO Scm 4506 : 13125 SW Hall EBvd • 5a1ea, OR 97302 : Tigard, OR 97223 CM84796 * RECRERIO14P2 Telephone 1-100-635-2525 Teleaphum: 503-639-4171 503-685-5777 FAX: 503-684-0040 VAX 503-581-7063 JOB NAHE / LOCATION: Jacr Parr Pricae Quoted Are MS: Tigard Quotation Valid: 60 Data ITZ1(9) PRICE EA. BAT ,t9 TON MIGHT TOTAL PAGE 2 SAFETY StWACING 345 - Surface Amesz ica Plagbound tiles for playgro=d equipment covering area: of 381a S61, 2 3/80 thick rated for 6*6° fall height, terra catte color, : with adhesive s : Intl'e3d: 13672.00 30 - $A Playbound tilee for accessible: - - route of travel to one swing seat - = - covering area 81u 281, 1.5" thick rated for 41811 fall height, terra cotta color, with adhesive Incl I ed: 1371.00 ODNCRETE PADS . Site rk/prep - Excavate, grade, form, : - supply, and place gravely compact aW set tubes for structure footings for . 2 areas as described above. Site must . :bip accesaibl.e by truck. Does not in- . dude i:nstallat.ion of equipment or : . tiles, pour and finiea concrete using 3000psl' light broom TUILsh 14391.00 EXCLUSIVE REPRESENTATIVE tOr LANDSCAPE STRUCTURES Park and Pl.aLyground Equip., DuNor site Furniture, and Ciamsic Rerreaticm System steal Shelters WE'RE PROW OF TICS PWOUCTS WE OFF" ~ yc e+tekrrusa~kwatsrww,vuew,a~.w~e~rsawse~rm*ititat~r**R*fyrwyr~r*~~daertitxinr~r WANDSCAPE STRUCTURES PARK & PLAYGROUND EQUIPMENT Why choose Landscape Structures? DETAILS MAKE THE DIFFERENCE On the surface, many playground structures look similar with a quick glance or in beautiful photos. Tho true test is how do they perform over time? Landscape Structures distinguishes itself by attention to detail and by not cutting comers on design or materials. Side-by-side comparisons after just a few years of use and abuse by children of all ages will clearly demonstrate the difference. Lower up-front installation costs Lower maintenance costs over time Greater durability Greater safety and reduced liability Longer-lasting aesthetic appeal VALUE ADDED ENGINEERING & SERVICES GENERAL /MFORMAT/OlV 0 100 year warranty on all aluminum posts, clamps, and caps (Attachment). 0 15 year warranty on all steel and plastic components, and TenderTuff coatirg (Attachment). • 3 year warranty on all moving parts (Attachment) ® Meets or exceeds CPSC Guidelines ® Meets or exceeds ASTM Playground Standards • IPEMA Certified products ® ISO 9001 Certified ® ISO 14001 Certified (only company in playground industry - Attachment) $10 million liability insurance LANDSCAPE STRUCTURES DISTINGUISHING EQUIPMENT DETAILS m Most extensive use of TenderTuff Coating in the industry. TenderTuff coating is a polyvinyl coating on steel that is finger friendly by eliminating extremes in temperature, provides better traction, offers a cushioned surface and will not wear off like paint. What do you want your child to bump into: paint or TenderTuff? LSI uses TenderTuff coating on: Pipe barrier walls, guardrails, wire barriers, balcony docks, steering wheels, handloops, rungs, chain ladders, wiggle ladder, clatterbridge planks, step ladders, cozy climber planks, block climber blocks, step decks, catwalk climber, cliff climber, wire crawl tunnel, peak and creep climber, chain bridge, rings on ring bridge, rungs on trapeze horizontal ladder, swing out and triple ring fling wheels, chain walk chain, handles on trackrides, chinning bar, turning bar, and handrails on transfer module. Many other manufacturers cut comers by using this type of coating only on their decks. • One piece flanged formed punched steel decks which are stronger and more durable than expanded metal with no "oil can" effect. TenderTuff coated with small holes in deck surface to prevent finger entrapment. Deck has built-in studs for ease of installation and no exposed hardware on deck surface. • Stronger solid steel vertical rungs instead of cheaper pipe or tubing on pipe barriers, guardrails and balcony decks. • Super strong Clatterbridge connectors: steel connectors with bushings to maintain safer, consistent spacing between planks and for ease of maintenance. Planks are made of TenderTuff coated steel. Others use cheaper chains or cables for support. • Slide hoods are standard on all slides for equipment designed for 5-12 year old children. Other manufacturers may offer hoods as an optional item or use cheaper pipe rungs on lower decks. Slide hoods channel kids into a safer sitting position and can't be used as a turning bar. • One piece spyroslide with safety hood eliminates joints for ease of installation and eliminates potential string entanglements. LSI uses "compounded materials" in plastic slide manufacturing rather than the cheaper "dry-blended" materials for better long-term durability. Compounded materials are 40% more expensive, but more UV stable and 50% more cold-impact resistant. Biggest impact on customer: If a rock or vandal hits a cheaper dry blended slide, the likelihood of cracking or breaking is very high. • All slides have double wall construction and unique to the industry "sliding footers" for problem-free expansion and contraction. • Steering wheel made of aluminum and coated with finger-friendly TenderTuff coating. Heaviest in the industry. • 5" OD non-rusting aluminum posts with die-cast clamps and post caps. Aluminum post caps are factory installed for proper fit and won't crack or break like plastic caps. • 2-piece non-rusting aluminum clamps provide tighter fit around posts than hinged clamps and allow for on-site field adjustments, yet are secure enough to hold up to 5,000 lbs. • Offset clamps allow for adjacent components to be connected at same height for improved safety and appearance. • Uses non-rusting, no maintenance stainless steel hardware with pinned head to reduce vandalism. Factory provided wrench fits all bolts. Multiple size wrenches are not necessary. • Uses safer "bolt links" instead of cheaper "S" hooks to eliminate pinch points and spots where clothing can snag. • Unique stainless steel tire swing swivel With no pinch points and no required maintenance. Others use automobile "U Joints" with rubber boot. • Corkscrew climber with unique design actually allows children to "spiral" down the coils. Other manufacturers' can be used as a climber only. • Unique innovative flexible CableCore climbing cable for challenging movement. ® Uses Super Durable powdercoat paint which lasts 3 times longer than standard powdercoats. Landscape Structures is the only company in the playground industry to use this more expensive but more durable process. (attachment.) 6 Stage pretreatment process prior to powder coating to ensure better paint adhesion which results in longer wear. (attachment). o IPEMA certification on ALL playstructure parts--not just selected items. • Moving Parts Warranty: LSI's attention to design detail affords them the confidence to offer a 3 year warranty on moving parts as compared to other manufacturer's 9, year warranty. MAINTENANCE AND CUSTOMER SERVICE PROGRAM • Free Maintenance Kit custom designed for your specific structure. No more paging through parts information that doesn't apply to your equipment. • Free touch-up paint. • Job number for easy reference for questions. • Complete replacement parts list. • Certified Installer referral. LANDSCAPE STRUCTURES, INC. COMPANY INFORMATION • Recognized worldwide as leading manufacturer of innovative play systems for over 30 years. (See attached "A Proud History of Innovation"). • Owner is a registered Landscape Architect. • Originator and developer of the "continuous-play" concept of posts, decks and components who maintains an active, day-today role in design innovations. • All designers are Certified Playground Safety Inspectors. • Employs over 350 people. • Has over 300,000 square foot manufacturing plant. RECREATION RESOURCE, INC. COMPANY INFORMATION • Local service: Corporate office located in Salem Oregon. • Playground manufacturers representative for over 13 years. • Holds current State of Oregon Purchasing Contract for Landscape Structures playground equipment. • Owner is a Certified Playground Safety Inspector. • Owner is a registered Contractor with the State of Oregon. • Owner has a degree in Park Management from Oregon State University. • Free on-site pre-planning visits. • Free design consultation for playgrounds. • Free custom playground equipment designs. • Free color 3-D drawings of proposed playgrounds. Uses only Certified Landscape Structures installers. • Free post-installation inspections. • Have placed over 350 structures in the State, of Oregon. Landscape Structures Playground Equipment Distributor: Jack Dalton, Recreation Resource, Inc. Salem Oregon Installation References Tualatin Hills Park & Recreation District Contact: Alan Welts, Jerry Burgess 503-645-3539 Commonwealth Park, Terpenning Center West Linn Parks & Recreation Contact: John Rupert 503-557-4700 Willamette Park, West Linn Park Portland Parks & Recreation Contact: Riley Whitcomb 503-823-6148 Arbor Lodge Park, Clinton Park Portland Public Schools -13 school sites Contact: Charlie Brown 503-916-2000 x 4473 Beaverton School District - 21 school sites Contact: Dan Thomas 503-591-4560 Hillsboro Parks & Recreation Contact: Jodi Sperling 503-615-3454 Griffin Oaks Park, Shadywood Park Albany Parks & Recreation Contact: Dick Conolly 541-917-7759 Timberlinn Park, Bryant Park Willamalane Park & Recreation District Contact: John Kraft 541-736-4044 Meadowview Park, Mangan Park Salem Parks & Recreation (Landscape Structures & Recreation Resource were selected as exclusive vendors for playground equipment for a 5 year contract, renewable annually. Currently operating in the 4"' year of contract with multiple sites installed. Reference information and reasons for vendor selection and comparisons with all other manufacturers can be obtained from Park Operations.) Contact: Daryl Haydon 503-588-6337 7 _ - , 1 Q~i~~ ~ ~ Q11 The alkaline based cleaner in this stage removes organic and inorganic soils from the surface of the part. This reverse osmosis rinse stage is to neutralize alkalinity, flush all remaining soils and precon- dition parts for uniform phosphate development. c,~o~b t T ,,..,.,•.4.. I This acid etching stage lias one major purpose; to prepare the part for a uniform and adherent coating. I III 1 p The halo rinses any soils with clean water, pro- viding an ultimately clean part ready for powdercoating. 10.29-96 9G+LSI Forms,Protluttion:Pretroatmenl Washer/Flyer 755-0039 6 Stage Pretreatment washer r -way on accessibility, Landscape Landscape Struaures' total com- Structures has produced a wide mitment to safety and quality. • variety of on- and above-ground - play opportunities that encour P PPo All ofLarulscape Structures' . ' age physically challenged children equipment: ' industry on safety to join in play with their peers. ° Meets or exceeds ASTM L3 andsca e ' ' issues. p For example: ' guidelines • Complies With the guide Structures was Other safety, s Activity panels (on and lines set fotth by the CPSC f atures • - founded over Landscape -above ground) a Transfer modules • Can be designed to conform with ApA regulations. ' twen ve ears Strictures y • Talk tubes has, advanced ' agD Jteveand by %ndude • . 'Wheelchair-accessible T'uffTurf A1ost pmducu also conform to: . -Crawl funnels dards • Canadian Stan irb Ding with what .1s Hooded slides with high • amps Association's (CSA) guidelines • " sidewallsto prevent falls . ' now known as the con- = • Bridges • European standards set by ; . TenderTuffcoating.to protect Ground-level fitness clusters . the British Standards tinuous-play".concept skin'from hot dr told Institute; the German DIN • Vandal-resistant handwate That innovation started. ,Fully sealed tire swings to EINMROHMENTAL REOO SIBILITY f Standards and,Frendi Norms. • Other international d revolution in the play- eliminate spaces fol; water and IIECRUNG ' standards. insects, anclso provide a Ound gr. l~idustry and ; . . cleaner, mote consistent seat_ Landscape Strucnireshas also led the wa on environmental Y In, .Seth standard or a ro hate a uiPment f I? P q • issues: Beyond utilizing environ- ._mentally friendl manufacturin • for two to year olds quality t&iIandscape ' g y pro cesses, we have -introduced ' , andscape Structures As :hairman of one of the Structuks continues to " . American Society foi Testing ' play-equipment made from unswerving-commit- • advance. Toda the com= ;and Materials' (ASTM) task y plastic, steel; aluminum recycled and rubber. Play'Venture strut- ment to product quality forces on developing volun + ' pany makes the fnest - i safety and accessibility standards cures; introduced in 1993; use and sae ' has resulted outdoor la- structures . for playgrounds, Steve. King* has p y up to 85% recycled material... Other Landscape Structures in innovative, flexible, . -helped develop industry safety m the world and contin- - standards that are now reflected' products also utilize a 'high e of rec cled material. - ercenta lOZU-f7.Sk durable, pla Stl~u'CtureS ues to lead the Indus in the U.S. Consumer Product - - p g y -For instance: • y , worldwide installations SafetyCommission (CPSC).. into,neW areas.like playground guidelines and ASTM 0 Rerycledsteel is used in _ , -and awards, recommen- accessibility and en vi- 1487-93 performance standards ' pipe, tubing, decks, bench slats plates and brackets dations s-and repeat cus- for playground equipment. • . ronmental responsibility - , . • Decks, walls, bench: . tprrcers tell our stork for SAFETY ACCESSIBILITY ; - slats, slides, roofs and TuffIimbets"M contain up us. We build la Strut- p y From the beginning Landscape Beyond a commitment to. ' . `to 100% recycled plastic. tures we are proud to playstruaures have . learning through fun; Landscape Strurnlres Structures is'dedicated to been models fbr linking aceivi- ° TuffTurf surfacing tiles are * c put our name on.. . providing the safest, play envi-. ties together io challenge the. 95% re ycled rubber. . . Cardboard packaging and ronments available. Prom the many .facets of a child's physical shrink wrap are partially LAN E small but significant replace- and mental abilities: As accessi= made from reryded material we ment of "S" hooks with much bility has become a goal, we and are recyclable too. 601 7th Street-South, stronger bolt links that reduce have reached for the highest Delano, MN 55328 USA the likelihood of entanglement standards in this realm too. and abnormal wear, to the In 1993Steve Kin was g COMPUMCE WITH STMD S (612) 972-3391 FAX:' (612) 972-3185 m development ofTuffrurfrM, appointed to the Federal Guiding custom6s through erica Toll-Free North A 1=80.0-328-0035 a soft, yet accessible playground Recreation Access Committee to compliance laws and guidelines; surfacing, :Landscape Structures help develop specific guidelines has.a history of leading the for playgrounds: Leading the • , as weH•as helping them to mea- sure and manage risk, 'is a, pan •of• o ~ Printed an rec'u`d p'1' •`r pyriglit 1994 randuape Structures lnc. 755-0037 LSI Exclusive: New Super Durable Powdercoat Paints Get Vibrant Colors That Last As Long As The Fun. With Landscape Structures' new super durable powdercoat finishes, 'the painted parts on your playstructures will shine on and on - retaining their richness, glossiness and vibrancy long after other play- structures have grown faded and dull. Thanks to the efficiency of LSI's new, state-of-the-art powdercoat paint system, we're able to offer these premium-quality super durables at no additional cost to our customers. Our new system enables us to reclaim the excess powder that typically goes to waste in most powdercoat operations-so it also helps save the environ- ment. And that's good news for you and kids everywhere. Play-By-Play Details. Specifically developed to withstand the demands of extreme heat, UV exposure and moisture, LSI's super durable powdercoats will resist fading and retain their glossiness long after your playstructure is installed. Once the standard playstructure powdercoats lose their gloss, they start to become somewhat dull and chalky - even after just a few years of UV exposure. But Landscape Structures' super durable powdercoats will continue to glow with rich- ness for years to come. Field tests prove LSI's powdercoats outshine all the rest. As shown in the chart below, LSI's super durable paints keep their vibrant colors far longer than the standard polyester powdercoats typically used by the rest of the playstructure industry. In a third-party, five-year study conducted under intense oats shine on and on. ® LSI super durable TGIC polyester powdercoats, RAL 7021 ® Standard TGIC polyester powdercoats, RAL 7021 LMDSCAN Anything else is cutting corners.'" South Florida sun, panels painted with standard powdercoats were tested for gloss retention against panels painted with LSI's super durable powdercoats. The results were astonishing: within two years the standard powdercoats had lost nearly 50 percent of their gloss, and within another two months their gloss retention fell to virtually zero. The super durable powdercoats were, on the other hand, a shining exam- ple of durability. Over the same two years they lost less than 15 percent of their gloss, and after five years they still retained nearly 50 percent of their original shine! No playstructure should look old before its time. Too often, a playstructure will prematurely age due to paint degradation, including fading, chalking and scratching. But with our super durable powdercoat finishes, Landscape Structures play systems will continue to hold their visual appeal for many, many years. South Florida Exposure Test Landscape Strudures' super durable powdercoats maintain their glossiness in the field, even in harsh climates, up to three times longer than standard TGIC polyester powdercoat. Choose from 15 rich, long-lasting colors. Pine Green Maroon Cranberry Red Onyx Black (NOTE: Custom colors are available for an additional charge) Premium paints at standard costs. Only at LSI! No one else in the playstructure industry offers super durable powder- coats as their standard paints because no one else in the industry has Landscape Structures'state-of- the-art paint system. This million- dollar investment enables LS I to reclaim almost all of the excess powder used in the painting process. Therefore, even though the new super durable powder- coats are far more expensive than standard powdercoats, LSI can give you all of these rich colors, and all of their long-lasting beauty at no extra cost. Don't cut corners on the beauty of your playstructure. Choose the colors that last as long as the fun. Choose Landscape Structures. Add years of brilliance to your next Landscape Structures play system. Call your Landscape Structures representative today. For the name and telephone number of your representative, call 1-888-4-FUN-LSI (1-888-438-6574). ISO 9001 & 14001 CERTIFIED 01999 Landscape Structures Inc ® - Registered trademarks and trademarks of Landscape Structures Inc, Delano, MN sM A service mark of Landscape Structures Inc, Delano, MN #755.9915 Printed in U.SA AL ISIR INC Anything else is cutting corners:" Landscape Structures Inc. 601 7th Street South • P.O.Box 198 Delano, MN 55328 U.S.A. 612-972-3391 • FAX 6i2-972-3185 www.playlsi.com Yellow Red careen Blue LL Blue White fan Vanilla Purple orange o,Vv ED CERTRIC TE ®F DATE IMMIDD/YYI LIABILITY INSURANCE 5/24/99 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION j R C':!_Y ^!yD CONFERS NO RIGHTS UPON THE CERTIFICATE isk Services, Inc of MN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Norman Center Drive COMPANIES AFFORDING COVERAGE F 400 apolis, MN 55437 COMPANY St Paul Surplus Lines Ins Co 56-8000 COMPANY B National Union Fire Ins Co cape Structures, Inc. 7th Street South COMPANY C Deano, MN 55328 COMPANY D R E V I S E D 6/3/99 COYEFIAGS VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS F A INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION O FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE A LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. H POLICIES . EXCLUSIONS AND CONDITIONS OF SUC CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE I DATE (MMIDD/YYI DATE (MMIDD/YYI GENERAL AGGREGATE $ GENERAL LIABILITY 6/01/99 6/01/00 PRODUCTS•COMP/OP AGG $ 5000000 A X COMMERCIAL GENERAL LIABILITY LCO5525892 PERSONAL & ADV INJURY S CLAIMS MADE X OCCUR EACH OCCURRENCE. $ 2000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one lire) $ )MOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESS LIABILITY B X UMBRELLA FORM 9326075 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Broad Form Vendors Endorsement Recreation Resource 1404 Jordan Drive South PO Box 4508 Salem, OR 97302-4508 6/01/97 16/01/00 MED EXP (Any one person) S COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) ! BODILY INJURY (Per accident) S PROPERTY DAMAGE ! AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE S AGGREGATE $ EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ 5000000 5000000 _ m C L cn (1) U) °oca))° CC cnc cCaz3 E2NE~cLiE'0 Q co $aa Z a) - ors ?c-OQ0°~E air M ~ 3 ° E 3 2 m F- ~i7 ty-(1) C Q~77 'Q to 0 .0 S M LL ¢ o C CO j 3~ r- O r, O C r L F... Q0 d C Uj E on ? yN -:5 Ql to o c~ c.. po0 ' Sa-I cNQ2'd o ° `2 :F- -22 ¢ ~ O} c ~ 0- ccoo rn y E co ~ c c o W ~i a`) CL. LLU ~'En•"poyg7~')MLo EZa G c" M d< IS co C~L•3 J wZQ X C1~ 2 C c"6) 7L > C ~ t2, n ° C e aciv~~ z0, mtcd aEia`)ma)~~c3cQ?~it (n0 a~ ° e? E Z5 E UQ~3 Z[Lcr a)m ~>,_E c a)~5v)r-0 W cQ v ¢ O 2 co 0 a) ~j a a) a) ~ iii o CL 0 0. m W N ca y O a) fb U) LL LLi a d cAr~ (nwOcn ~2&om~_{ t3 c,= cu o ff' C a) ~ o A-g°i> c C3o o $cnE ~a Rcm m c a ~L- E occo XW~~~<a Cm Teo) CL cn m LD Q. u Cc Cc L -ca to 2 co t7' y - 23~ ova-,jorno cF_~i,c 39 - -0 Q) 0 2,>>~X00 (CS 15 (D- Gj F a ~ ,a) 0o a0o~C ~id$.cm° Ln )ncE mE io O [C cri F- , c~~>r lL~~ cn~. v 0 ggj~ a)c~j Lao me ¢LLp E t=o c $'o 3ic°d r~i'zo.. ,n Ent3-w¢ (n ° )M 5 Q ~o c m .E t CC ig r) cc N()a) SQ 20 L tLo>,o CD r- OF-CC tLL F- $'c%o F-m~a0.McA c cn Ea~'Vao E:~i~ a)~ cam. ~3 a. CD 0 2 0. c c c CL cu E CO m' _ ~2cn E0s og cn 0. o~o~ ~EJ5 ~Loc L°ai > ~a~C o ) c F~0- c3 t m o`tc2 i0o E~ ioo y _ov2g~~,'La m~Ct E~t0) n1~r c 88~~o cc ° 2-O°vYOCnY cCO U~ 'C 7Lou 'Opp 7 co 7 E a)~~€ O mCCo> T CO CO ~ t ~CC. •Cpp ~ 2 N Q p C C ~ N •t~p~ ~Q ® C.~ ~ C Cn m O ~ C U. F7 C c n•Lc . cn 2 a) cn o E :EL T C r= ~ g cu E TL m ~N, LU~F-tC C% 0)C AA CEO (n c: ca - n r o 13 ? a) - c o) 3 v c ~ o~j 2„~3 2 2` w 0. Eo 7 7n~m43~~~0 ccanim° H,o~nc`o y^cocn c~i~~2 c. a - E 03 2 -r (cD* - :43 ~i C13 c 3 co ca ~ ~ ° ~ 0 r: a) c m u) `o ~o € o gC `o 3'02E Z5)Ec3i o~ cyq~~N E$m' Q7T oE3c ~0=~oE ~N E ~mtaE~ ~~~~co ~'icocc~c~os'~ o cO8~cCd~'~L £~10oa a)1•gro~ U) 2:9 ~ -mi c`w QEZ LO T ~ o p ~ m ~c3 grno o C O C O O C3 3c~Ec cN2 cc-E0,vl~so 3Z~rn 'N•no.=ccoLo~i8F?Sc°dchOEcc°d~o 'oLc 0 • • U U ~E~Eb • Qo3vv°iE CO) ti O8 N N b EMM andscape Structures was founded over twenty-five years ago by Steve and Barb King with what is now known as the "con- tinuous-play" concept. That innovation started a revolution in the play- ground industry and set a standard for quality that Landscape Structures continues to advance. Today the com- pany makes the finest outdoor playstructures in the world and contin- ues to lead the industry into new areas like accessibility and envi- ronmental responsibility. SAFETY Beyond a commitment to learning through Erin, Landscape Structures is dedicated to providing the safest play envi- ronments available. From the small but significant replace- ment of "S" hooks with much sironger bolt links that reduce the likelihood of entanglement and abnormal wear, to the development of•TuffFurfrM, a soft, yet accessible playground surfacing, Landscape Structures has a history of leading the industry on safety issues. Other safety features Landscape Structures has advanced ~nrwav • Hooded slides with high sidewalls to prevent falls • TenderTuff coating to protect skin from hot or cold • Vandal-resistant hardware • Fully sealed tire swings to eliminate spaces for water and insects, and to provide a cleaner, more consistent seat • Age appropriate equipment for two to five year olds As chairman of one of the American Society for Testing and Materials' (ASTM) task forces on developing voluntary safety and accessibility standards for playgrounds, Steve King has helped develop industry safety standards that are now reflected in the U.S. Consumer Product Safety Commission (CPSC) playground guidelines and ASTM 1487-93 performance standards for playground equipment. ACCESSIBILITY From the beginning Landscape Structures' playstructures have been models for linking activi- ties together to challenge the many facets of a child's physical and mental abilities. As accessi- bility has become a goal, we have reached for the highest standards in this realm too. In 1993, Steve King was appointed to the Federal Recreation Access Committee to help develop specific guidelines for playgrounds. Leading the way on accessibility, Landscape Structures has produced a wide variety of on- and above-ground play opportunities that encour- age physically challenged children to join in play with their peers. For example: • Activity panels (on'and above ground) • Transfer modules • Talk tubes • Wheelchair-accessible'ruflTurf • Crawl tunnels • Ramps • Bridges • Ground-level fitness clusters ENVIRONMENTAL RESPONSIBILITY/ RECYCLING Landscape Structures has also led the way on environmental issues. Beyond utilizing environ- mentally friendly manufacturing processes, we have introduced play equipment made from recycled plastic, steel, aluminum and rubber. PlayVentureO struc- tures', introduced in 1993, use up to 85% recycled material. Other Landscape Structures products also utilize a high percentage of recycled material. For instance: • Recycledsteel is used in pipe, tubing, decks, bench slats, plates and brackets. • Decks, walls, bench slats, slides, roofs and TuflTLmbersTM contain up to 100% recycled plastic. • TuffIurf surfacing tiles are 95% recycled rubber. • Cardboard packaging and shrink wrap are partially made from recycled material and are recyclable too. COMPLIANCE WIT1 STANDARDS Guiding customers through compliance laws and guidelines, as well as helping them to mea- sure and manage risk, is a part of Landscape Structures' total com- mitment to safety and quality. All of Landscape Structures' . equipment, • Meets or exceeds ASTM guidelines • Complies with the guide lines set forth by the CPSC • Can be designed to conform with ADA regulations. Most products also conform to.- - Canadian Standards Association's (CSA) guidelines • European standards set by the British Standards Institute, the German DIN Standards and, French Norms. • Other international standards. M [landscape Structures' unswerving commit- ment to product quality and safety has resulted in innovative, flexible, durable, low-risk playstructures. Worldwide installations -and awards, recommen- dations'and repeat cus-, comers tell our story for us. We build playstruc- tures we are proud to put our name on. IAN E 601 7th Street South, Delano, MN 55328 USA (612) 972-3391 FAX: (612) 972-3185 North America Toll-Free . 1-800-328-0035 Printed on recycled paper 0Copyright 1994 Landscape Structures Inc. 755.0037 DATE (MM/DDNY) AC080- CERTIFICATE ®F LIABILITY INSURANCE 5/24/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc of 2II3 I AHOLDER. THIS CERTIFICATE DOES NOT AMEND, OR LTER THE COVERAGE AFFORDED BY THE POLLICESTBELLOW 8300 Norman Center Drive suits 400 Minneapolis, MN 55437 612-656-8000 INSURED Landscape Structures, Inc. 601 7th Street South Delano, VIN 55328 COMPANY A St Paul Surplus Lines Ina Co COMPANY B National Union Fire Ina Co COMPANY C COMPANY D R E V I S E D 6/3/99 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PAID C q MS HEREIN IS SUBJECT TO ALL THE TERMS, IES.iLIMITS SHOWN MAY HAVE BEEN POLICIES DESCRIBED CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH PERTAIN, POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO TYPE OF INSURANCE I POLICY NUMBER I DATE (MMIDD/YY) DATE (MM/DDNYI LTR GENERAL AGGREGATE S _ GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY LC05525892 6/01/99 6/O1/OO PRODUCTS - COMPs 500000 PERSONAL & ADV INJURY NJURY S CLAIMS MADE X7 OCCUR EACH OCCURRENCE $ 2000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one tire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY II ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY S HIRED AUTOS (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE I S GARAGE LIABILITY 7 ANY AUTO EXCESS LIABILITY B X UMBRELLA FORM 9326075 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EXCL OFFICERS ARE: I OTHER I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS Broad Form Vendors Endorsement Recreation Resource 1404 Jordan Drive South PO Box 4508 Salem, OR 97302-4508 6/01/97 16/01/00 AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ WC STATU- DIH- T RV IMIT EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ 5000000 5000000 1, . SHOULD ANY OF THE ABOVE DESCRISCD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 206804000 t+~,Gi'.::•.E!"7y'.^r'!Tl;;;.,::";:;M: iii; V1ti!Gt31:tC~.!ciJ.C~F't7F~0.'i'~f3N 4.95 0g~2 `0 [[p2 013 c~'$ ?2N v'3 ice` :0 m Q rj l m"§ o e' 2 ~UU 7~ W CO LL F C O O O C ~d P~6 ~N cE omE ~3- o° OHO a 2LSrn c _J cZ5 LL ' f2u~ CCIOJ V O.pq C OZm fa (n ® V f6 fq = Q O O a C 2 YL.J f6 al C ~j O In Of a pr$ J w X a n L t> c `o c aci c~ v Z d y cad aEi E cG3 c ~i t `o E gAg. ~S c M $ a Zw _ m crd o,fs E arc ci A EL 0 om z< 0a: M m~ccdomi v,$o w ono_ -W0OQn n.S&0 ~~It cg'cgcd~ e 'S cmnE 3) Z CC cz S 8S, Ec3Z5 3~0 CC C N N O E 7 cd v Q V'• f~U X~X CLd 55 '0 2~ O y N Q1 S. ~[C~~ aia aNi~ro€mnc~Z>p yS - g -2°°-~aci ~ 2Gio c~_qqi~ 2{cc~d15 f. y2E, zwz0t g` o P, ulM -,o(Do E oQ o m Q~ ~n ~i o~ c 3 c 0 $~3° 3 01~ a~wc n`~coic 5~ 9~fn,n°~ ~E ' mo °-~c9E9~~, ~c~j cP £8 °~~c Q(naCL ~2 ya~En:~LuQ 2Eo ca= a Sc 31~ °Q~ip~~'2 .0 n t CL c) N na2 iacia~= ~ O LL $ L m2 O 7t~0 cnh'U~EC-F.- LL I-o Ft m~an~aa«F cCA Z5 g O _ •c ~ ~m g' 3 S? sd-- CL m cc°OC $ n`o c ~ E~° E a 0.Cc F'oyc ~c 2 E:, .2 '6r Q c nC N•a°aaim° iao E@~ECOO0 3 OOZ9~ Lcc~V~ dc~acm Q~cc 88~ oSy a ac~d°35~tnrc I n3 v=-?~~L ~pn°o°`~'°' ~SoE $ E >N Fn~0~nc~~~tiy00~8 mQocEacdaO 10 in co or aP:mi. °c ~2 o?~~-L a`~yo a co o E Em3 t/~ aria 3E ~c L a ca~c ~y « C O O E (6 C O O m N H C, Of 4.2 U U- -ca T _ O n 7 m !p L_ 7 U L 7 m 4O c CL - --9 oa ~ otna,3 ~ ~ E°c N'a-m ~3pccoo `40, ~N~ y~~NC t~c0 y C Ow ~O~' 'gym C`~i n4TC O0. C m ~+i~ N O O E ® m o m a Its a; c~m~ 3 n.3 0 0o C~y2c'ami ~~'?'o~ m'c'3 ~y~ 121,0.2.R o a m a3 c ~tno3 ccdc~ E€ me m E> -=o ® "'€ccd=°_~° ~Ea.oo ~o3~C°a, E$L o -E ooa~ c3c ~awEc~dv' o m E~ c s 0, ~E°an Y NE nEc~ m ~ -m Roo m y - E~Jo= c ° i- c~oE ro«~ ~3c'2'D 8UM' °a m~1OCCd L°a m mcnc°C° C, c Koo3~ TL E vY°~CL oZ5Nv~v~~cgccdc~~E°cN aL3iP,E~rn ~EAGEm ¢°3~v=iE !7 dpi ti 2G N N ►s~ aU ad 19 Page 1 of 2 THIS IS A BUYER LINK MESSAGE DO NOT USE THE "REPLY" FUNCTION TO RESPOND TO THIS MESSAGE. You can contact Jan Evans e-mail address jan.i.evans@state.or.us <mailto.j an.i.evans@state.or.us> if you need additional information regarding this Buyer-Link Message. Playground Equipment: There are now three contracts on the VIP system for the purchase of playground equipment for State of Oregon, ORCPP, DASCPP and Washington State WSCP Members. You may choose any of the three vendors you wish to do business with. They are: Contract # Company Manufacturers brand name 0014 Recreation Resource, Inc., Landscape Structures PO Box 4508 Salem, OR 97302 Phone: 503-585-5777 - Contact: Jack Dalton 0015 SiteLines of Oregon GameTime PO Box 25156 Portland, OR 97225-3211 Phone: 503-291-1800 - Contact: Jim Ringelberg 0016 Wildwood Playgrounds Park Structures 3707 NE Columbia Blvd. Portland, OR 97211 Phone: 503-288-5797 - contract: Steve Lebwohl All freight charges will be "Freight Collect" and added to your invoice. These contracts do not include installation. Any installation shall be between the agency and the vendor on a separate purchase order/work order. Call Jan Evans at DAS Purchasing Section @ 503-3784647 if you have any questions regarding these contracts. Jan Evans Central Purchasing Analyst DAS-State of Oregon ph: (503) 378-4647 Fx: (503) 373-1626 file://C:\WINDOWS\TEMP\GW ) 00001:HTM 1/27/00 buyer-link is hosted by the Oregon State Library file://C:\WINDOW S\TEMP\GW I OOOO 1.HTM Page 2 of 2 1/27/00 AGENDA ITEM # 3. 3 FOR AGENDA OF March 28, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of Articles 57, Use of City Owned Vehicles. and Article 58, Smoke Free Work Environment, Citywide Personnel Policies PREPARED BY: Sandy Zodrow HR Dir. DEPT HEAD OK CITY MGR OK _ ISSUE BEFORE THE COUNCIL Should the Council adopt Articles 57 and 58 of the Citywide Personnel Policies STAFF REUUMMt NUAiiviv Council adopt the proposed updated Articles 57 and 58 of the Citywide Personnel Policies as revised pursuant to Council's direction at their March 2151 meeting INFORMATION SUMMARY Council discussed the proposed restriction of smokeless tobacco in the workplace, as referenced in Articles 57 and 58 of the proposed Citywide Personnel Policies, at their March 215` meeting. Council decided not to include a restriction on smokeless tobacco that was proposed to be included in the new updated Citywide Personnel Policies. The references to prohibiting smokeless tobacco in the workplace have been removed from Articles 57 and 58, as directed by Council. We respectfully request that Council adopt the final two articles for the proposed Citywide Personnel Policies. OTHER ALTERNATIVES CONSIDERED rH H H a ~W a Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The updated Citywide Personnel Policies reflect the City of Tigard's current and future human resources philosophy and practices for its workforce. FISCAL NOTES Not applicable I , AGENDA ITEM No. 4 Date: March 28, 2000 SIGN-UP SHEETS 5 Minute Time Restriction PUBLIC COMMENT I:\HDM\GREER\CCSIGNUP\PUB COMMENTMOC AGENDA ITEM No. 4 -PLEASE PRINT A..:-4% Mini itr-nl __X 'b 0/ v til rro ullunt- J reams ui rave) F'Name, Address & Phone No. wll~,,. - - Name Address Phone No. Name, Address & Phone No. J *0 0-0- 4r' ' nr~ ' -7 J 6337 39 l c ) T q . 0Y of X - ~ I_ N e, Address & Phone No. Name, Address hone No. Name, Address & one No. ~ Ef ~ 17 LE~7 ~~1 f"~LO~ ) 000 u r ~Hy ~X sw ~~sr~ Irv w X51 iN(6 70,k Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 7-1 6-16 'Z- Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. S SvJ Ve~n~S Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. P~• Hhjt Sal t~u ~ 1a~~ So3 -q~ 6 X08 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ~~y2vweo ~ Ln I o 251 5 w gii:z4- Sp3-~26_zis9 l J AGENDA ITEM No. 4 Proponent - (Speaking In Favor) PLEASE PRINT yO v V~4, - ODDonent - (Speaking Againstl A""trd.._ Name, Address & Phone No. Name, Address & Phon Name, Address & Phone No. 141 S c.ha,rdcfi I1 P'L L "C, t,J (`4 l 1 Ti -n6NC~O d (Z ct T 2z s~~- ~I Cow 5D3 - 51v 3j2- Name, Address & Phone No. Name, Address & Phone No. Name Address XhIne No. c(L L L-L5 1 Ll 9 5L re T TlG,✓yz-7 0 GJi &2,o- 5-b 3- S56- S 3S6 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. -Tvt S v Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. L v i r.I -?b ZkINP rtt,~-S 5`~ v i~ C, ~ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. l to V~ ('2_l7 '~t~ ~'U >r N r Name, Address & Phone No. N Name, Address & Phone No. Name, Address & Phone No. - ~ S~~ ~ S 5- ~ l Tn ~r✓ AGENDA ITEM FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY _I March 28 2000 ISSUE/AGENDA TITLE Formation of a Recreation Partnership PREPARED BY: Jeff Munro DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Council should hear a presentation on the proposal by Atfalati Recreation Partnership regarding a recreation partnership to serve Tigard, Tualatin, TTSD and Durham area. Public comment on the proposal should be heard, then City Council should discuss whether to submit to Washington County, a resolution proposing the formation of a new County Service District to provide recreation service. If the City Council passes a resolution, the resolution will go to Washington County requesting that the Board of County Commissioners place the matter of formation and funding on the November 2000 ballot. STAFF RECOMMENDATION Staff recommendation is that City Council adopt the attached resolution to be forwarded to the County for the purpose of the County Commissioners placing the issue on the November 2000 ballot which will allow the citizens within that boundary the option to form the district and to fund both operating and capital cost. INFORMATION SUMMARY In early 1997, the Atfalati Recreation District (ARD) was formed as a non-profit organization to explore the feasibility of forming a recreation district in the southern Washington County area. Tigard had recently completed a visioning process and developed a park master plan, both addresses the need to establish an organizational structure to deliver a recreation program. The park master plan refers to this on page IV and visioning under goal sections Urban & Public Services and Schools & Education. Cogan Owens Cogan LLC (COC) had completed the Beaverton/Tigard Urban Services Project that studied three alternatives for providing park and recreation services to the Tigard Urban Services Area. The concept of establishing a new park and/or recreation district to include Tigard, its urban service area and perhaps other southeastern Washington County cities was identified as a feasible option to consider. The concept gained momentum and resulted in agreement among seven jurisdictions to conduct a feasibility study. In June 1999, the cities of Durham, Sherwood, Tigard and Tualatin, the Tigard-Tualatin and Sherwood School Districts, Washington County, and the ARD Task Force collective hired a consulting team led by COC to conduct a feasibility study of district formation. This feasibility study was designed to assist this grassroots egort and, at the same time, coordinate closely with each of the participating governments whose ultimate support will be needed to forn; the district. Feasibility and survey results hav1 been forwarded to Council in previous packets, as was cost and governance information. Tigard has been represented at these meeting being held by Mayor Nicoli and Public Works staff. There are several reasons for recommending that the district be formed. First, recreation services benefit the entire community. Second, existing resources are inadequate to pay for the new services envisioned and the city/county permanent tax rates cannot be expanded to pay for them. Finally, recreation services benefit the region and a regional approach is the most cost-effective way to deliver these services in a comprehensive way. The proposed partnership would expand and enhance existing recreation services provided by area school districts and municipal park systems. As of March 16, 2000, The City of Sherwood and the Sherwood School District have decided not to become a partner in the district. Tigard-Tualatin School District, the cities of Tualatin, Durham, Tigard, Washington County and the ARP Task Force and Steering Committee are all still interested in moving forward towards the partnership. Included in the packet you will find an updated version of the anticipated budget dated March 17, 2000, the basic Memorandum of Understanding (MOU) which includes comments from the.City Attorney's office and (draft form) a City of Tigard resolution. * If Tigard is interested, a resolution must be forwarded to Washington County no later than OTHER ALTERNATIVES CONSIDERED *Partnership with cities listed above to deliver some or all of the recreation serves proposed by Atfalati. *Status quo and provide little or no services beyond those delivered by the City of Tigard Parks and TTSD. *Enter into an IGA with TTSD and expand recreation opportunities within the City and TTSD budget authority. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban and Public Services Goal: Create a Park & Recreation District stategy; create a Task Force regarding the development of a Park & Recreation District. Goal: Schools and City government will work together to provide a community-based recreation activity program for young people. FISCAL NOTES City of Tigard contributions to date: Phase I $ 13,100.00 Phase II $ 13.800.00 Total $ 26,900.00 Proposed Cost of Service: Tax rate net of debt service Tax rate for bond issue Total taxes levied/$1000 A.V. $ 0.43 per $1000 A.V. 0.28 $ 0.72 Atfalati Recreation Partnership Feasibility Study - Capital Cost Swmemary Table 1 Capital Improvement Program for the Recommended Alternative without Sherwood Descri tion Estimated Cost Source p Item 1 Tualatin Community Recreation Center - multi-purpose $7,000,000 City of Tualatin 35,000 sq. ft. bldg. and outdoor recreation facilities 2 Tigard Community Recreation Center - multi-purpose 9,000,000 Comparable facilities 40,000 sq. ft. bldg. and outdoor recreation facilities 3 Durham Park Trails 450,000 Comparable facilities Develop 3 miles of trails and links to new bridge 4 Tualatin River Trail Bridge 1,000,000 City of Tualatin pedestrian/bike bridge across the Tualatin River Subtotal $17,450,000 Closing costs (1.5%) 261,750 Total $17,711,750 Discount rate 5.50% Debt service (20 Yr. Term) ($1,482,107) COGAN OWENS _09= Revised 3/17/00 CD N rr d CD + -1 --I m -I W O (7 D 0 I. .O .a E; vOi c~D Oh n> x x d - o N 3 c%i 1 m w d 1 N d 3 d ~ 0' tq 1 (DD v o (D a CD 0 x m m n n ( N. 3 2 O ~ n= (D C= n ~ O n i _ 0 ( D O N . A _ ~ ~ (A . 0 N C , cn 0 < (DD 0 y < y > 0 > D O 7 D CD ~ ° N tD CD CD (D CL C: D ) 0 ~ e% ~ . (D j CL D D N ? CO) 2_ m co CD C D) c 71 C m a C n ' y~ 3 . o I mo a CD 0 0 CD Cc CD O O O C CD n 7 C ? O O (D (D O (D H D D o n CD (D U) C; fA CD CD C "n to O O o cCDD (A (n Cl) N CD S" Q a 3 U N W o p o CD _e 6 CD C. CD O (~j1 C. cn (D N) -4 69 69 (,9 K CL (D 0 CA) G1 -4 s CA) v -4 .60 N - CD Kfl -4 -4 -4 N(Ji P OMNO (n V N p 00 O O O 'p -W m O -co Co U1 0 O O (n C 0 0 0 0 O Q~ O ~ < (D C ° W v fV I I V? O W N co O co O 00 C 0 O O O O O C O O (D N ~ Cfl p D -i Mme -i >00D ` c Q CD x ov'- n =3 r ca x M ~ x rn . m 69 'c Cr CL CD 0 Q cci o o h na-i c o = O O O N (D O C O (D C 7 G * (D M N CA o 3 . _ o w@°-' x o 0CDawM (D v W y 0 3 w 3 m O CC ~ n o nom-.o ° cDpicoo ~ Dc O to 2 77 Cl) C7 =3 U) CD :3 0 CD CD 3 N M (D ° cnn O (D to O cn FL CL ~ O ( (D N O O n 0 O o ~ ) CD O • O D (D o~ A ~ CPc C O O ° m3 ~ m° C~ m 5 cn v m N v m c in3o ~ a' N ° CL o CD ° 0 ' • 4W p a m -p a X . in O S - CD ocn o to O m O v CD N (D N N O co C7 (0 (D N O 2L ( CD N F, ( D s o (D cn N cn a ° a y o O a nOC) p p m 7 n N N 6 DRAFT MEMORANDUM OF UNDERSTANDING ATFALATI RECREATION PARTNERSHIP FEASIBILITY STUDY Prepared by Cogan Owens Cogan Revised March 15, 2000 (Note. Changes to the March S Draft MOU are underlined) This Memorandum of Understanding (MOU) is made and entered into, pursuant to ORS 190.010 and by and among the Cities of J _ and the _ and - school districts and Washington County (herein "participating jurisdictions"). Purpose. The purpose of this MOU is to specify general terms and conditions for participation in an ORS 451 County Special Service District and ORS 190 Association of Governments to cooperatively provide recreational services and facilities to residents within the boundaries of the Atfalati Recreation Partnership district (District). If the District is approved by voters, a more formal intergovernmental agreement will be established, incorporating and further defining the terms of the MOU. Funding. The District will be funded through a permanent tax rate for operations, maintenance and administrative costs; and bond measures for capital facilities subject to voter approval. The permanent tax rate will not exceed . The bonded rate will not exceed Governance Structure. The District will be governed by a Board established under the ORS 190 Governmental Association statute. The governing board will be appointed with one member from each participating city and school district and Washington County. The process for appointing board members will be determined by each participating jurisdiction, agreed upon by participants and specified in the IGA. Responsibilities of the Board will include: • Hiring key staff members (e.g., a program director) • Approving and adopting annual budgets • Developing rules for board meeting and other decision-making processes • Overseeing operation of the District by the program director and staff Continued Operation and Maintenance of Existing Facilities. Participating jurisdictions agree to continue to fund maintenance and operation of existing District- related facilities at a level similar to what is currently provided. Dedication or Management of Assets. Assets to be dedicated to the District will be defined in the IGA. Future transfer or assumption of additional assets may be approved by a majority/ unanimous decision of the Board. 1 Use of Facilities and Reimbursement for Services. Members may eniel inLO agreements with the District regarding joint use of facilities. The District may directly reimburse participating jurisdictions for use of their facilities by the.District or make alternative arrangements for compensation. Similarly, participating jurisdictions may make similar arrangements for their use of District facilities for non-District activities. More detailed procedures may be defined in the IGA. Annexation or Increasing Membership. Procedures for annexation to the district are specified by ORS 451. Alternative procedures may be specified in the IGA. Equipment. Participants agree to share equipment to maintain District or joint facilities as appropriate and cost-effective. Specific equipment and more detailed procedures for joint use of such equipment will be identified and approved by the District Board. Duration, Renewal and Withdrawal. Once the ORS 451 district is approved by ballot measure, withdrawal of territory from the district would require direct approval of the voters: Procedures for petition and withdrawal from the District are specified in ORS 451. The IGA specifying governance procedures will remain in effect for a period to be defined in the IGA. After that time, it will be reviewed, revised, if-needed, and renewed for a period to be specified by the District Board. Subsequently, the agreement will be reviewed annually by the Board. Proposed revisions must be approved by a majority of the Board. 2 RAMIS CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 MEMORANDUM TO: Jeff Munro, City of Tigard FROM: Gary Firestone, City Attorney's Office DATE: March 13, 2000 RE: Atfalati Recreation Partnership Enclosed please find a resolution calling for the formation of the Atfalati Recreation Partnership. We also recommend changes to the Memorandum of Understanding to clarify the transfer of decision-making authority. We recommend that Paragraph 2, Purpose, be amended to read as follows: The first two sentences of paragraph 4, Governance Structure, should be amended to read as follows: Governance Structure. TheS?ash>ugCn Cvunty.,Bvard of Cflnr►missz:3ners Wn1 t>;ns£ei }ts authority under ORS 45<1.~185 to aate governing board that will be appointed within one member from each participating city and school district and Washington County. Please let me know if you have any questions regarding the resolution or my suggested changes to the MOU. 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CC CD cn C Q Atfalati Recreation Partnership Feasibility Study - Capital Cost Summary Table 1 for the Recommended Alternative without Sherwood Capital Improvement Program Item Description Fa 1 Tualatin Community Recreation Center -multi-purpose timated Cost $7,000,000 Source City of Tualatin 35,000 sq. ft. bldg. and outdoor recreation facilities 2 • Tigard Community Recreation Center - multi-purpose 9,000,000 Comparable facilities 40,000 sq. ft. bldg. and outdoor recreation facilities 450 000 Comparable facilities 3 Durham Pc:ic Trails Develop 3 miles of traits and links to new bridge 1,000,000 City of TualaLn 4 Tualatin River Trail Bridge pedestrian/bike bridge across the Tualatin River Subtotal $17,450,000 Closing costs (1.5%) 261.750 Total $17,711,750 Discount rate 5.50% Debt service (20 Yr. Tenn) ($1,482,107) COGAN owENs a H a Revised 3/17/00- - W Vern ern Adopted TIGARD, OREGON RESOLUTION NO. _ A RESOLUTION OF THE CITY OF TIGARD, OREGON, CONSENTING TO FORMATION OF A NEW COUNTY SERVICE DISTRICT. WHEREAS, the City of Tigard has agreed and consented to the format' n of a new County Service District; and WHEREAS, the District, known as the Atfalati Recreation Partnershi , will be formed if voters within the proposed District approve a ballot measure in the November 2000 ection. NOW, THEREFORE, THE CITY OF TIGARD RESOLVES T: SECTION 1: The City of Tigard hereby consents to fo tion of a new County Service District. This County Service District shall have the aut rity to provide recreational services within the City pursuant to ORS Chapter 451, Co ty Service Facilities. SECTION 2: If the District is approved, the City ill appoint a representative to serve on a governing board of directors for the District p rsuant to an intergovernmental agreement to be entered into under the authority of OR 90.003 to 190.125. SECTION. 3: General guidelines for D' trict governance procedures are stated in the attached Memorandum of Underst ding (MOU), which is agreed to by adoption of this resolution. An intergovernmental a Bement shall be entered into among the participating jurisdictions after formation of the istrict. PASSED: By vote of all Council members present after being read 2000. by number and itle only, this day of Catherine Wheatley, City Recorder APPROVED: By_Tigard City Council this day of Jim Nicoli, Mayor Approved as-to form: City Attorney , 2000. Date gff/acm/90024/at fa I ati.re 1 (3/13/00) Itl~ro-C~_. Atfalati Recreational District Community Center If a Community Center were built in Tigard and Tualatin what would they look like? Community Centers are a reflection of the community and therefore very widely. After the voters approve the construction of these facilities there will be an intense public process to determine where, how and what should be in these centers. From our survey and public meetings, and field trips to neighboring facilities that have been conducted this past year the following is a list of items that would be considered along with other ideas that would come out of the public process: 1. Indoor Gymnasium 2. Outdoor Pathways 3. Indoor Track 4. Teen center 5. Multi-Use Classrooms 6. Multi-Use community room 7. Locker Rooms 8. Lobby/lounge 9. Indoor playground 10. Staff Offices 11. Restrooms 12. Storage Rooms 13. Mechanical/Maintenance Rooms 14. Indoor/Outdoor Skate Park 15. Food Court 16. Outside multi-purpose fields Based on what is actually decided on for a facility, the size could range from 30,000 to 40,000 square feet. March 17, 2000 Dear Pat Biggs, City Council: As far as Atfalati Recreation program support I feel it's timely but costly. Members were talking aloud about the coaches fees and felt this would do them in. What happened to 'volunteer' participation without cost? Ilm concerned about City of Tigard planners ignoring need for youth sports in neighborhoods. Wall to wall construction eliminates street outdoor play of basketball and baseball signup at parks thru Little League absorb whatever fields are available. Residential properties no longer can be depended upon for after school neighborhood street activities. Too, not fair to subject neighborhoods to 'unsafe' outdoor activities which has been a practice in the past. Tigard providing a recreational plan by forming a District has high potential" for all ages, including over 55 years of age programs. The City of Tigard having a joint venture with the schools would create positive effects. Sports well supervised by coaches who meet high standards often lead a student towards National scholarships affording college education grants to those who need financial aid. Our community is aware of taking youth off our crowded streets which are now too dangerous for outdoor contact sports due to increased traffic. I wholeheartedly support the Atfalati Recreation program as a positive recreation for all ages. Copies to Pat Biggs, Councilman Ken Scheekla, Dave Nioltoli Atfalati Chrm., and City Council members. Also Steve Clark, Publisher of Tigard Times. c~ Dear Dave : ~t Cllale~! Thank you for your follow ups on the formatitn of a recreational district and having an "Atfalati Recreational Partnership"in the Tigard-Tualatin ^n L aria. As spoken before the Council and also written letters the feed back I #ot back was positive. Paul and Kenny are downn to costs only so know a compromise will put Atfalati Recreational Partnership on the map. On finds it difficult to accept the fact that the program reaches a cost be;ond that which taxpayers will vote down. I'm more optimistic and know wh~e-e there is a need and a cost well ;mown the voters will support this o 2u er program. Not having spent more time tracking down 'rumors' it cm arrays dwells on the coaches fees being exhorbitant? r I've heard the figure one hundred thousand per year? To as Atfalati has to address this yearly recreational figure by comparing 'Dialatin Rills- j th~t incorporates all ages and varied activities incl. their building. Hard to compare one District to another unless all activities and land .ti sifting is equal. Land values in 2000 are exhorbitant so donated sites could help reduce the cost for additional land and have no idea if Atfalati has had time to pursue all these avenues to insure public support. Often after one election and reviewing the results per precinct the second tome round seems more favorable especially is answers to 'u.-Lknown' inquiries. HQpe_fully the first time round if well documented and supported by the voters this recreational partnership will become a reality. Have no idea how much support is out there but Dave you have worked long and hdrd and generally this alone pays off. Don't dispair as Itm sure many p)oposed Districts started out with basic needs and gained support financially a~ong the way not only from 'users' but a belief in the need for such a Plan. If coaches fees are high just ask that the first 3 years will be trial and error with future compensations as support for the program builds over the ensuing yfara. Compromises often conditions voters attitudes and being Atfalati Rec, is "new" it will take selling the program thru cooperation of the tusers'. Any land donaated for this 'cause' could start the ball rolling - showing the i#iterest inyesting in our youth is beyond money alone. 'There is so little 1an& left within City of Tigard yet I know only a few would gift it for a youth program. Appreciate your busy schedule and willingness to get this on the ballot but d.b reconsider costs. Tigard F.igh swim pool is under utilized outside of school program and sure City of Tigard parks can also be penciled in for ball fields. I'm now organizing the potential of Tualatin Valley Community Band as well as contacting other bands to fill the summer roster. Unions seemed to step up brut actually asking for 'donated' time helped fill the time siotse According to City of Tigard "one had to prove need" so now I'm checking for 'liability-parking- insurance-Just so the paperwork can be completed before engaging signups. Phil i0asteris was very helpful for our 'first' and, sure the 'beginning of Music in ~he Park' However coordinating and asking donated time was strictly build on 'advertising' groups willing to play if even for one hour. Somettmes one has to slake 'sacrifices when using public funding. Forming this :istrict should enable you -to rove ahead so the first 'election' will be vital to the cause-show 'savings' 2 I (sacrifices' bare bopes project ten youtiare o ourway. I- El 'M 11111 10 Ila= i REM AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 5 March 28, 2000 ISSUE/AGENDA TITLE: A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES FOR NON PROFIT LOW INCOME HOUSING PROJECT VILLA LA PAZ UNDER TIGARD MUNICIPAL CODE SECTION 3.50. PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR. OK ISSUE BEFORE THE COUNCIL Shall the Community Partners for Affordable Housing project known as Villa La Paz be exempted from City of Tigard property taxation for 2000? STAFF RECOMMENDATION Staff recommends approval of this resolution. INFORMATION SUMMARY Tigard Municipal Code 3.50 allows certain organizations providing low income housing to be exempted from Tigard property taxation upon application by March 1 of each year and a demonstration of compliance with certain criteria listed in the Code. Community Partners for Affordable Housing (CPAH) owns and operates Villa La Paz, located at 11875 SW 91S` Avenue in Tigard. This project is operated as low-income housing and meets all criteria listed in Tigard Municipal Code. CPAH submitted an application for exemption from 2000 property taxes on February 29, 2000. This property has been exempted from Tigard property taxes in previous years. Representatives of CPAH will be present to discuss the organization's plan for future projects benefiting lower- income households. CPAH has made application for funding to construct new housing units. In addition, there is interest in obtaining existing housing for rehabilitation to then be offered at affordable rents. One of the City Council's goals is to: Encourage and support private sector programs to rehabilitate housing that will be offered for rent at affordable rents, resulting in a safer environment for the tenants (public safety, fire, life, sanitary). An identified task for this goal is to: Encourage Community Partners for Affordable Housing to take on additional projects such as the successful Villa La Paz acquisition and rehabilitation program. This is an opportunity for Council to discuss the goal with CPAH and determine how the City can work cooperatively with CPAH. OTHER ALTERNATIVES CONSIDERED Do not approve this tax exemption VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The assessed value of the property is $3,003,740. Tigard's permanent tax rate is $2.51 per 1,000. This exemption will, therefore, reduce the City's General Fund property tax revenues by $7,540. COMMLirift ParbiwWS for HoLaki% Inc. City of Tigard A pplication for Tax Abatement Villa La Paz Apartments 11875 SW 91s' Avenue, Tigard A. Property Description 13. Project's Charitable Purpose C. Certificatiosn of Resident Income Levels D. Hoer Tax Exemption Will Benefit Residents E. Tax Exempt Status Verification of Informatirp-a Attachments: • Villa (1999-00) Highlights • Villa - News clips • Villa maylketing sheet • Resident Demographic Profile 0 IRS Letter A. Property Description Villa La Paz is located at 11875 SW 91s~ Avenue, just off Greenburg Road and Pacific Highway in Tigard. This 84-unit garden court apartment complex is centrally located, between Washington Square (the County's largest shopping mall) and Tiigard's Main Street. The neighborhood is basically residential, although proximate to a variety of commercial and retail employers. Several major bus lines serve the area. Villa consists of 84 units in four buildings: 12 one-bedroom/one-bath 564 square feet units, 60 two-bedroom/one-bath units of 839 square feet, and 12 three-bedroom/one-bath units of 1,007 square feet. The buildings are two and one-half stories above ground (1/2 below grade). All are wood frame, with stucco and concrete exteriors with pitched, composition shingle roofs, built around 1970. Forty-two of the units have fireplaces. CPAH added a new community facility in the center of the complex which houses a computer center, library, multipurpose room and rental office. The total site contains 3.01 acres and is built at a density of 28 units per acre, an allowable non-conforming use. There are 64 carports and a total of 142 panting spaces (ratio of 1.7 spaces per unit). The 1995 assessed value was $2,471,890, and 1995-96 property taxes levied were $33,874. According to Washington County's Assessor, the 1998 assessed market value of improvements: $2,331,740 and of land: $672,00. Legal Description: The site is located in the southeast % of Section 35, Township 1 South, Range 1 West (Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23-74-2000, Parcels 1. II, and Ill. EL Priojmft ChairkaNe Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: penanent affordable housing, sustainable economic growth, and community-based partnerships. Villa La Paz is CPAH's first housing development project. Our acquisition and renovation of the complex ensured that the 84-unfts were brought up to and maintained in accordance with current health and life safety codes, and are affordable to low- and moderate-income residents on a permanent basis (CPAH has committed to 40 years of affordability for those at 50 and 60% of median income; in reality average resident incomes are around 30% of median income). Partnerships with Tigard's Police Department and Tualatin Valley Fire & Rescue have already enhanced the safety and quality of life for residents. Partnerships with Community Action Organization/Neighborshare and Portland General Electric for significant weatherization improvements have resulted in reduced utility bills for families residing in the complex. Neighborshare provides information and referral and emergency services to residents based on resources available. Many of the families participate in programs such as HopeSpring (a partnership of Lutheran Family Services, Tualatin Valley Centers and Community Action Organization-CAO) and SAFAH (CAO program) which provide ongoing case management until the family has achieved self-sufficiency. 2 Villa is located within a census tract which has a higher than average concentration of low-income rental households (median income $25,843 vs. $35,669 citywide in 1990). The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. CPAH's new on-site computer leaming center currently offers six personal computers with CD-ROM drives and a networked printer for use by residents, and we especially encourage children to use it for homework. The Tigard Library has twice obtained grant resources to purchase children's materials, including both fiction and nonfiction. Most recently they supplies cassette players with head sets and books on tape, and atlases which our residents had requested. A summary of community center programs is attached for your review. Q Ce icatiion of Resident Inconee L.e eft The average income of Villa households is about $15,000. They may remain in their units as long as they income qualify at entry. Rents are in the $400-600 range, well below the market for the area. Please see attached demographic profile for Villa, and CPAH's other project, the Metzger Park Apartments. CPAH also added a 5-bedroom rental home to its inventory this year, and houses a 9-person family in it. The family was fleeing domestic violence, and had no income at the time of application. With Section 8 rental assistance, and support from CAO, the family (vino does not own a car) is now pursuing a variety of employment opportunities in the Tigard area. D. How Tax Exernptkn VM Benefit Resklelift Our financial analysis for the Villa La Paz project assumes property taxes at zero. This results in a direct reduction in rents of approximately ($35,000/84 units = $416 annually per unit). We continue to make capital improvements at Villa, and will spend an estimated $50-75,000 in 2000. This will include additional landscape restoration and interior replacements such as appliances and cabinetry. Stabilizing cash flow has taken longer than we initially projected due to the need for extensive repairs and replacements to both our domestic water lines and storm drain lines and systems. At this time last year we had 17 sub-grade units with water problems. The improvements and replacements made over the past year have eradicated those issues. The first five years are the most difficult, as we are trying to stabilize full occupancy in a complex which has suffered a bad reputation for much of its history. We are still forced to spend significant amounts on capital improvements which are essential, but go far beyond what would be required of a project which had been maintained well over its life. We are still struggling to maintain positive cash flow, something which must occur for us to continue to hold the project and receive our next capital contribution from our equity investor, Key Bank. Tax abatement is essential in our effort to keep the project afloat. I- Tax EXL-jnpt StStLIs CPAH is the general partner of the Villa La Paz Limited Partnership, a single asset nonprofit corporation established for the purpose of acquiring the Villa La Paz apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as does Villa La Paz. Mark Schwing of Markusen & Schwing is CPAH's auditor, and Deloitte Touche provides audit services for the Villa La Paz Limited Partnership. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development both audit the project annually, visiting 50-100° of the 84 units. Our auditors have found us to be in compliance, and are very impressed with the turnaround they've seen at the project, particularly in the past year since Pinnacle Management has taken over. Vedficaftn of lnftwnmftn As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete as of this date, to the best of my knowledge. Pinnacle provides day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. If additional information is desired on any aspect of this application, please do not hesitate to call. Thank you in advance for your consideration. Sheila G nlaw-Fink, CPAH Executive Director February 29, 2000 4 VILLA LA PAZ - CAPITAL. IMPROVEMENTS STATUS REPORT January - August 1999 Major improvements completed during this period include: • extensive repairs and improvements to storm drain system • began work on replacement of water lines • installation of locking mailboxes • pool repairs and upgrades to meet ADA requirements • landscape restoration at street side and in front of Buildings 1 & 2 • completion of first complete cabinet overhaul (#39) • purchase of much-needed maintenance equipment • bid and selected contractors for paving, plumbing and landscape work Other important achievements at Villa during this period: • 6199 operating statement was best month since Pinnacle took over (net $4k) • We've been fully leased for over four months • A highly skilled team of on-site staff has been assembled • A second summer of exciting youth programs serves 20-50 youth on a regular basis • Neighborhood Watch, Resident Advisory Council, GED programs kicked off • US Bank donated one dozen computers for centers, old ones raffled to residents Use of Key Bank's Pay-In I have attached three expense statements related to the subsequent use of these funds: • 1: January 1-March 5, 1999 $62,685.72 0 2: March 6-June 30, 1999 $46,243.09 Subtotal= $108,928.01 (13, 623.01 beyond the pay-in amount) • 3: July 1-August 10, 1999 $22,722.91 Total= $131,651.72 (36,34672 beyond pav-in amount) CITY OF TIGARD TAX ABATEMENT APPLICATION NOTE: This is just a summary from a much longer report to our equity partner, Key Bank. I thought it would provide you with a sense of how much we continue to invest in Villa La Paz to ensure that we can make it a viable enterprise in the long run (over $131,600 during the first 9 months of 1999). Many of the capital items were impossible to fund during our major construction phase, based on the amount of money available, based on what we could raise upfront and reasonably debt service. We continue to creatively assemble resources to improve the project. Although we noted positive cash flow in June, it was just as far in the hole in December (loss of $4k). It continues to be a challenging project, but we're beginning to see the light at the end of the tunnel. With your help, we'll make it!! Sheila Fink, CPAII Summer Time Fun is just around the Corner!!! Let's kick offs great new summer! Week We have a great summer planned-let's pick a summer buddy, play 1 some games, see what's new in our library and do some crafts and just have a good time. Sounds like fun to me. Week Red White and Blue! 2 The 0 of July is right around the corner. It's time to get our bikes in order, decorated and have a parade. Don't forget, tradition has it that there will be a hot- dog feed when we are done! Week Music City Here We Come 3 We have a volunteer Choral Director to come and teach all our songsters how to sing. Get ready, because this year will be our best talent show ever. And we will design and make T-shirts for our "Villa Voices". Reddy, Set, Go! Week On your mark, get set, go! It's game week. We will have fun playing crazy 4 games. This is the week for basketball, swimming and other games, too. We will have our own Olympics with prizes at the end of the week.. Week Fantasy Fever 5 Start daydreaming now as we spend the week lost in your imagination. We will have someone here to help write stories, read stories, and daydream our week away. Who knows, we may have the next R. L. Stine in our midst. Week Wet and Wonderful 6 Remember "Story Hour with Alice"? Well, Alice will be back this summer to help us with our swimming. I can hardly wait for a week of grater fun. What about you? Learn to Babysit the American Red Cross Way Week We want to team up with an instructor from the American Red Cross to teach boys 7 and girls (ages 11 - 15) the ins and outs of babysitting. Do you hear money in your pocket? This week we will also explore safety and health issues. Week The Great Outdoors l3 Hiking in the park-picnicing-Hot Dog Roasts-Outdoor Crafts. What more could you want? It will be a good time. Week Silly Scientists 9 Come and join us as we do silly experiments, make messes, and learn about earth, space and more. You will love it. Computer Time Week Now that we are great story tellers, science experts, know about hiking, can put on 10 a parade, etc. let's work on our computer skills and be experts on writing and printing stories before we head back to school. Back to School Week Time to think about heading back to school. 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A'o F--3 y$ a TT r c~ o 7~w• I ~ ~~~o~~Lmz~~~cy g ~ a - L , ^ = J-S _ = u A 1 p N C u 'P = to P Z . I?i, ~i y $ u O Y e0 ~?cupEPO Cy~~g~~ 3~ :,D a+ FmOu , J l 3= y: F 5~~~ O t3 N..O..L 5.5.5 =~L =7 ~ H Q • @fi1 °^_°o~ ~ o _al i Z y c ^y cc 3.0 Q in Fag z ' ~ ~!m O c ~ 1 o~~ ~ o ~ s G u 2i J ` c 0 m .5 O' ~ y O U F ® 3 J y C ' G 7 9 5 t' • 'Thulrsday,':Feblrlualry, 17, 2000 The Times ■ TT 'Fight Club' author joins affordable housing fight BY JENN09ER SENT Of the "rimes TIGARD - With the famous "Fight Club" author joining the ranks of its panelists, the second annual Homeword Bound fundraiser on behalf of Community Partners for Affordable Housing is bound to help. Portland author Chuck Palahniuk's "Fight Club" not only made hit The New Yorker maga- zine's top 10 best first novels list, but became a Hollywood hit when David Fincher decided to make the novel into a film starting Brad Pitt. For the affordable housing agency's most important fundraiser of the year, Palahniuk joins detective genre writer M.K. Wren, author of "The Medusa Pool," "Mystic Sweet Communion" author Jane Kirkpatrick, Philip Margolin, who penned "The Undertaker's Widow," and the writer of "Peace at Heart," B Drake for dinner at the St~briar Inn in Tualatin. The event is scheduled for Friday, March 10 beginning at 6 p.m. "'this is a really nice selection of authors, and it's a really fun evening" said CPAH Resource Management Director Renita Gerard "Chuck is the most famous author, but a lot of people who are detective genre fans bought tickets to see M.K. Wren... The authors sort of play off each other during the corn+emdon, and I think you get an insight that you wouldn't get another way." The agency hopes to raise $8,000, which helped provide affordable housing to ari anew known for the lack thereof. Tickets to tie event are $35. For CHUCK PALAHINIUK about a half-hour before dinner, guests will be able to talk to the authors and browse through the vari- ous books for sale. Throughout the evening, each author will deliver a podium address and read from a work in progress or their published books. . Background music will be pro- vided b, Eric Nelson. The event is presented by Washington Mutual Bank, and sponsored by American Family Insurance. Community sponsors include West Coast Bank, Moore Electronics and Key Bank, and thos: companies who purchased "corporate tables" include Wells Fargo Bank, Cadel's Auto Body and Durametal Corporation. To purchase tickets, call 968- CPAH, or send a check for $35 with a reservation form to Community Partners fur Affordable Housing, P.O. Box 23206, Tigard, 97281- 3206. 1, 2 and *3 bedroom apartments available NEWLY REMODELED: All new windows and exterior doors, roof and insulation for a warm apartment this winter. Beautiful ceramic tile floors in most kitchen, bath and common areas. Quiet residential setting with large oak trees. JUST FOR KIDS: Your own Library. 'l'imes for story hours, group homework sessions, craft classes, access to a com- puter lab for homework assignments, educational software and instruction. Cub Scouts meet on site. Fenced play area with new equipment. NEW COMMUNITY CENTER: • Community room for meetings, events, potlucks, civic clubs • Computer Learning Center - free access to eight computers with up-to-date software, color monitors and printers • Career Resource Room with fax and Internet access for employment research • Library for adults and children • Kitchen (to be completed soon) • Swimming POOL • Covered decks and picnic area ADULTS: Computer classes for all skills and interests, access to Internet and fax at career resource room. AFFORDABLE RENTS owned by Community Partners for Affordable Housing, Inc. - a Tigard-based nonprofit corporation dedicated to the production and preservation of affordable housing. lz a 0 0 « r„= i0 V W V x A N ~a 0 0 r W W A x A W i O O x Q N V W A x F;;_4 V V Q tJl C/1 u Y N, 3 o u m M 0 m X ic m era W~ + P S pp O V O1 r~ V A r~ Rio W O~ fN~~ N Nx W ~W W A 01 V r , le•, NY ~T i! r 4 x i r o ~ mm `V 1999-2000 CPAH BOARD ROSTER Margaret Nelson, President Key Bank, Vice President, Real Estate Relationship Manager Tigard Term Expires: 1012001 Cee Ann Callahan, V. President Attorney, James, Denecke, Urrutia. Marmaduke & Lawson Tigard Term Expires: 1012001 Mary Eidson, Secretary Accounts Payable, Kadel's Auto Body Tigard Term Expires: 1012001 Doug Plambeck, Treasurer CPA, Lead Analyst, Mktg. Info Systems, PGE Tualatin Term Expires: 1012000 Angel Griffin Outreach worker, Opening Doors Tigard (tenant rep.) Term Expires: 1012000 Cecelia Maciel Drug & Alcohol Counselor, InAct, Inc. Metzger (tenant rep.) Term Expires: 1012000 Stuart Miller Controller, Oregon Outreach McCoy Academy Tigard Term Expires: 1012000 Diana Potts Administrative Assistant. OHSU West Linn Term Expires: 1012001 Marianne Potts, Past President Accountant, Ash & Associates Tualatin Term Expires: 1012000 Becky Smith Housing Services Mgr., Community Action Organization Portland Term Expires: 1012001 Board Committees Executive Committee Members President. V. President, Past President, Treasurer, Executive Director Housing Committee Members Margaret Nelson (Chair), Cee Ann Callahan, Cecelia Maciel, Stu Miller. Becky Smith, Sheila Fink Fund Raisin /Public Relations Committee Members Doug Plambeck (Chair), Mary Eidson, Diana Potts, Marianne Potts, Rcnita Gerard Board Development Committee Members Marianne Potts (Chair), Sheila Fink Special Events (Subcommittee) Members Diana Potts (Chair), Cindy Jenkins, Betty Berquist. Mary Eidson, Linda Eidson. Doug Plambeck, Terese Cook. Renita Gerard, Colleen Willis updated 11199 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Date: MAR 1 1 Ing COMMUNITY PARTNERS FOR AFFORDABLE HOUSING PO BOX 23206 TIGARD, OR 97281-3206 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 93-1155559 DLN: 17053030720009 Contact Person: THOMAS E O'BRIEN ID# 31187 Contact Telephone Number: (877) 829-5500 Our Letter Dated: February 1995 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, District Director Letter 1050 (DO/CG) 5d 6V&r fD reso/v,J wd/ax, iY1 acfla-n / l J 7t 2; AGENDA ITEM # ~0 FOR AGENDA OF March 28.2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: An Ordinance Establishing The Franchise Of NEXTLINK Oregon, Inc., Its Successors And Assigns, Granting The Right To Place, Erect And Maintain Poles, Wires And Other Appliances And Conductors And To Lay Underground Wires For The Transmission Of Electricity For Telecommunication Purposes In, Upon, Under And Over The Streets, Alleys, Avenues, Thoroughfares And Public Highways Of The City Of Tigard, Oregon, And To Conduct A Telecommunication Business Within The City Of Tigard; Authorizing The Mayor To Enter Into Such Agreement; And Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring An Emergency. PREPARED BY: C. Prosser ~ X DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to establish a new franchise agreement for local telephone services provided by NEXTLINK Oregon, Inc.? STAFF RECOMMENDATION Staff recommends approval of the franchise agreement. INFORMATION SUMMARY NEXTLINK Oregon, Inc. has requested a franchise from the City of Tigard to offer long distance and local access telephone service within the City limits. The attached ordinance establishes that franchise, including the rights and responsibilities of the City and of NEXTLINK Oregon, Inc. The agreement requires that NEXTLINK Oregon, Inc. pay a franchise fee each year equal to 5% of its net revenues generated within the City of Tigard. The ordinance uses the City's standard franchise agreement, with some modification. NEXTLINK Oregon requested additional language related to notices (section 7) and transfer of franchise and severability (section 11) and also requested other minor wording changes or clarifications. All changes were reviewed and approved by the City Attorney. OTHER ALTERNATIVES CONSIDERED Do not approve the local telephone access franchise agreement. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES Telephone franchise agreements generate General Fund revenue based on 5% of the franchisee's revenues generated within the City of Tigard. AGENDA ITEM # q FOR AGENDA OF March 28 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 51 ISSLOAGENDA TITLE: Award of Architectural Services Contract for theme Lib- PREPARED BY: Berr~~ DEPT HEAD OK A.P~• D"u~ena CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City enter into a contract with BML Architects to provide architectural services for the new library project? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, award the attached contract in the amount of $69,500 to BML Architects, Portland OR and authorize the City Manager to sign the contract. INFORMATION SUMMARY Award of this contract is the consensus recommendation of the Tigard Library Committee following interviews conducted on February 12, 2000. Three of the nine firms submitting proposals were interviewed. The each firm as described in i be intervieed were proposal. Evaluationtof fined by evaluating the qualifications and experience. of ect along experience included the general experience of the firm w were and te staff to be nohasked to includes in this nroj it al evaluation tIn firm's specific experience with libraries. The addition to the interviews, final selection wasallsbased on the firm's fee estimate and the results of interviews with references conducted by Committee members. The selected firm, BML Architects, has established a project team that includes five local engineering firms and a library consultant, Ripley Architects, San Francisco, CA. that will lead the team. The project team members team only ~j have had extensive experience in the programngamming and design phasesof the project to ensure that gramming ~ one that integrates the library consultant into he p pro been cally the library functions are fully considered throhoffices, higher education faculrieswand local goveornment H by completing a variety of projects including corporate o facilities for the City of Hillsboro, Hillsboro Park and Recreation, Washington County and Unified Sewerage Agency. c~ ect. The This contract is intended to accomplish the programming to determine sthe overall size and park library of the purpose of the programming phase of the project library and site selection criteria. The site selection phase will result in a ranking of sites. Once a site has been selected, Council will be requested to authorize negotiations to purchase the site. .OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable FISCAL NOTES Funding for this contract is provided by the Facility Fund. 1:%CltywidelSumftenda item Summary Sheet to BML CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into this day of March, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and BML Architects, hereinafter called CONSULTANTS. WITNESSETH WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and experience possessed by CONSULTANT, and WHEREAS, City has determined that BML Architects is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: NOW, THEREFORE, in consideration of the mutual covenants contained herein, 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. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution. COMPENSATION: CITY agrees to pay CONSULTANT not to exceed $69,500 amount for performance of those services described herein, which payment shall be based upon the following 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 any, identified in this Agreement as separately reimbursable. b. Payment will be made in installments based on CONSULTANT'S invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. Personal Services Contract Page 1 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 famished. f. CONSULTANT shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. g. If CONSULTANTS fails, neglects'or refuses to make prompt payment of any claim for labor or services furnished to CONSULTANT or a subcontractor by any person as such claim becomes due, CITY'S Finance Director may pay such claim and charge the amount of the payment against funds due or to become due to the CONSULTANT. The payment of the claim in this manner shall not relieve CONSULTANT or it's 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 law, contract or agreement for the purpose of providing or paying for such service. j. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Consultant's construction documents, including electronic files as instruments of professional service. Nevertheless, the final construction documents prepared under this Agreement shall become the property of the City upon the completion of Personal Services Contract Page 2 the services and payment in full of all monies due to the Consultant. The City shall not reuse or make any modification to the construction documents with out the prior written authorization of the CONSULTANT. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees and subconsultants against any damages and defense costs, arising from or allegedly arising from or i_n any way connected with the unauthorized reuse of modification of the construction documents by the CITY or any person or entity that acquires or obtains the construction documents from or through the CITY without written authorization of the CONSULTANT. 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 any contractual relation between the subcontractor and CITY. 6. STATUS OF CONSULTANT AS INDEPENDENT CONTRACTOR: CONSULTANT certifies that: a. CONSULTANT acknowledges that for all purposes related to this Agreement, CONSULTANT is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an 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 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 CONSULTANT or to a third party) as a result of said finding. b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from CONTRACTOR, either Personal Services Contract Page 3 directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or 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 certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. d. CONSULTANT is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. 7. INDEMNIFICATION: The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors, and employees against all damages, liabilities, or costs, including reasonable attorney's fees and defense costs, to the extent caused by the CONSULTANTS negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the CONSULTANT is legally liable. The CITY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its offic.rs, directors, employees, and subconsultants against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused by the City's negligent performance under this Agreement and that of its contractors, subcontractors, consultants or anyone for whom the City is legally liable. Neither the CITY or the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other parties own negligence. 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 all risks arising directly or indirectly out of CONSULTANT'S activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include Personal Services Contract Page 4 provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the CONSULTANT and its subcontractor shall provide at least the following limits and coverages: a. Commercial General Liabili_1y Insurance CONTRACTOR shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit Professional Liability $1,000,000 each claim, $2,000,000 aggregate General Liability & Medical Expense $2,000,000 Medical Expense per person $1,000 Fire Legal Liability $2,000,000 Personal Property $ 400,000 Business Auto Insurance Liability $1,000,000 Uninsured Motorists $1,000,000 CONSULTANTS shall also obtain, at contractor's expense, and keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The CONSULTANT, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and 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 work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain Personal Services Contract Page 5 such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. d. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. e. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. f. Insurance Carrier Rating Coverages provided by the CONSULTANTS 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. g. Certificates of Insurance As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the CITY. No contract shall be effected until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. h. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. CONSULTANT is not an officer, employee or agent of the CITY as those terms are used in ORS 30.265. Primary Coverage Clarification All parties to this contract hereby agree that the CONSULTANT'S coverage will be primary in the event of a loss. Personal Services Contract Page 6 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. CONSULTANT'S insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: Agustin P. Duenas, P.E. 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided CITY by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required instunrice shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, CONSULTANT shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD Agustin P. Duenas, P.E., City Engineer 13125 SW Hall Blvd. Tigard, Oregon 97223 CONSULTANT BLM Architects 209 SW Oak St. #600 Portland, Oregon 97204 Personal Services Contract Page 7 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to .his 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, which does not represent clients on matters contrary to CITY interests. Further, CONSULTANT shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONSULTANT represent clients on matters contrary 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 with the appropriate CITY representative regarding the conflict. After such consultation, the CONSULTANT shall have 14 days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. 12. TERMINATION WITHOUT CAUSE: At any tune and without cause, CITY 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. Personal Services Contract Page 8 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 following conditions: i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds ii. 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. iii. 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. iv. If CONSULTANT becomes insolvent, if voluntary or involuntary 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. Any such termination of this agreement under paragraph (a) shall be without 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: i. If CONSULTANT fails to provide services called for by this agreement within the time specified herein or any extension thereof, or ii. 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) days or such other period as CITY may authorize. iii. If CONSULTANT fails to eliminate a conflict as described in Section 11 of this agreement. Personal Services Contract Page 9 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 services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONSULTANT. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 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 MAJEURE: 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 delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER: The failure of 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. Personal Services Contract Page 10 17. NON-DISCRUAINATION: CONSULTANT agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. CONSULTANT also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS: 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 staff member's title may authorize extra (and/or changes) 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: All 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 warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve 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. Personal Services Contract Page I I 23. COMPLIANCE WITH APPLICABLE LAW: CONSULTANT shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.320. 24. CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT: 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 any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. CONSULTANTS, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. Personal Services Contract Page 12 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 written. CITY OF TIGARD By: William A. Monahan, City Manager CONSULTANT By: Personal Services Contract Page 13 T , co (D O (D 0 7 O N CO y O O D) N (D > CD vi n d OT (1) 7 C. N 'o N O N CD n ~ ~D Q' fD 'b Err EL (D (D 1 n 7 CD O p ( O O (D ;u G) E = C O (D ~a C Q N O ' = (D O n (D C Q' O n S r . N y 0 3 C7 O :3 D ( N (D O 7 d d d y d D O~a (D 7 ' N H j N O ( O. X (D N y 7 7 (O (D O (D :3 O 0 O~ . O y + N n N N N 7 =3 `z L: co N O N ( n• O y 7 (D y fA ffj ffl fA fA Eft fA fig C) O ~o C) co - ~ O 00 co in O in (n CA O O V V O O O O O O O O O W o O C v -n ° ) o 0) w n 0 0 N y X X (n O cn cn O. O O O O N CL. CL D) d c ti y ~ rt o N W = O 7 O n C O D ( N ~ ~ 7 f) n A C i - O co 0 0 N ? . . 3 z - CD ~ CL Z CD N O (D 3 N C2. N N N N N N N 3 (D (D N N m m Q. r. O CD CO) (D CD O O S w Cn (D ch m n Wmm D® - M W '0 m CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT .oa ~crrec(iayr X2-) THIS AGREEMENT made and entered into this day of March, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and BML Architects, hereinafter called CONSULTANT~$. WIT/NESSETH WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and experience possessed by CONSULTANT, and WHEREAS, City has determined that BML Architects is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: NOW, THEREFORE, in consideration of the mutual covenants contained herein, 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. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution. COMPENSATION: CITY agrees to pay CONSULTANT not to exceed $69,500 amount for performance of those services described herein, which payment shall be based upon the following 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 any, identified in this Agreement as separately reimbursable. b. Payment will be made in installments based on CONSULTANT'S invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be made only for work act ally completed as of the date of invoice. --I-. v, 6-e Personal Services Contract Zaps Page 1 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 pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. / If CONSULTANT fails, neglects or refuses to make prompt payment of any claim g• for labor or services furnished to CONSULTANT or a subcontractor by any person as such claim becomes due, CITY'S Finance Director may pay such claim and charge the amount of the payment against funds due or to become due to the CONSULTANT. Thg/payment of the claim in this manner shall not relieve / CONSULTANT or i s 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 law, contract or agreement for the purpose of providing or paying for such service. j. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF INSTRUMENTS OF SERVICE acknowledges the Consultant's construction documents, including electronic files - - as instruments of professional service. Nevertheless, the final construction documents prepared under this Agreement shall become the property of the City upon the completion of Personal Services Contract Page 2 the services and payment in full of all monies due th e Consu t. The C shall not reuse or make any modification to the constructi n documents witlout the prior written authorization of the CONSULTANT. The CCigrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees and subconsultants against any damages and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse modification of the VI/ construction documents by the CITY or any person or entity that acquires or obtains the construction documents from or through the CITY without tten authorization of the CONSULTANT. 64 AS SIGNMENT/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 any contractual relation between the subcontractor and CITY. 6. STATUS OF CONSULTANT AS INDEPENDENT CONTRACTOR: CONSULTANT certifies that: a. CONSULTANT acknowledges that for all purposes related to this Agreement, CONSULTANT is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an 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 CITY or third party) as a result of said finding and to the full extent of any payments that Cit)Lis required to make (to CONSULTANT t/ or to a third party) as a result of said finding.''----•S ~i~ a C f~ S C otJ 5u.L-7 A-N T a- -c b. The undersigned C hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from either CDNSU T~VZ- Personal Services Contract Page 3 directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. Cb X15 Cpl L TAI VT" If this payment is to be charged against Federal funds, certifies that t% he or 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. CONSULTAN'T' 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 certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. d. CONSULTANT is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. 7. INDEMNIFICATION: The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the its officers, directors, and employees against all damages, liabilities, or ✓ osts, inclining easonable attorney's fees and defense costs, to the extent caused by the CONSULTANTS negligent performance of professional services under this Agreement and ✓ that of its subcAsultants or anyone for whom the CONSULTANT is legally liable. The CITY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees, and subconsultants against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused b the ity's negligent performance under this Agreement and that of its contractors, ` subcontractors, consultants or anyone for whom jity is legally liable. l/ , . Neither the CITY or the CONSULTANT shall be obligated to indemnify the other party in r r = { ' any manner whatsoever for the other ps-own negligence. 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 all risks arising directly or indirectly out of CONSULTANT'S activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include Personal Services Contract Page 4 provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the CONSULTANT and its subcontractors VX shall provide at least the following limits and coverages: a. Commercial General Liability Insurance e-b N5U1_- X '1- CoNSULV-NTS shall obtain, at GoR*aeterts 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 (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: overa a Limit Professional Liability $1,000,000 each claim, $2,000,000 aggregate General Liability & Medical Expense $2,000,000 Medical Expense per person $1,000 Fire Legal Liability $2,000,000 Personal Property $400,000 Business Auto Insurance Liability $1,000,000 Uninsured Motorists $1,000,000 CONSULTANT shall also obtain, at contractor's expense, and keep in effect c/ during the to of the contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The CONSULTANT, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with OILS 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 work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need n0t6 obtain Personal Services Contract Page 5 such coverage.?/This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. d. Additional Insured Provision The Gity of T. tir gard, , its officers, directors, and employees shall be added 11--11 as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. . e. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the Ci The 30 days notice of cancellation provision shall be physically endorsed on o the policy. f. Insurance Carrier Rating 5~ C`A 'S Coverages provided by the CONSULT AN 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. g. Certificates of Insurance CD~JS U L7-" 7 As evidence of the insurance coverage required by the contract, the kefthmetm- 411 shall furnish a Certificate of Insurance to the CITY. No contract shall be effected until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. h. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. CONSULTANT is not an officer, employee or agent of the CITY as those terms are used in ORS 30.265. i. . Primary Coverage Clarification All parties to this contract hereby agree that the CONSULTANT'S coverage will be primary in the event of a loss. Personal Services Contract Page 6 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. _1 I' CONSULTANT'S insurance policy shall contain provisions that such licies shall not be canceled or their limits of liability ;:educed without thirty (30) days prio notice to CITY. A copy of each insurance policy, certified as a true copy by an authorized representativeyf the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate inform satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: C_i y €n -c `n ea v 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided CITY by certified mail to the name at the address listed above irent of cancellation or non-renewal of the insurance. L"', CD;6UL7 IV4T 5 The procuring of such required insurance shall not be construed to limit aon#aeter's liability e~ hereunder. Notwithstanding said insurance, CONSULTANT shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD City Engineer 13125 SW Hall Blvd. Tigard, Oregon 97223 CONSULTANT BLM Architects 209 SW Oak St. #600 Portland, Oregon 97204 Personal Services Contract Page 7 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10, MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this agreement shall be provided to the CITY by a CONSULTANT, which does not represent clients on matters contrary to CITY interests. Further, CONSULTANT shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONSULTANT represent clients on matters contrary 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 with the appropriate CITY representative regarding the conflict. After such consultation, the CONSULTANT shall have 14 days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. 12. TERMINATION WITHOUT CAUSE: At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONSULTANT. If CITY terminates the contract pursuant to this paragraph, it shall pay CONSULTANT for services rendered to the date of termination. Personal Services Contract Page 8 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 following conditions: i. If CITY funding from_Weral, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds ii. If Joderal or state regulations or guidelines are modified, changed, or int~$reted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. iii. 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. iv. If CONSULTANT becomes insolvent, if voluntary or involuntary 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. Any such termination of this agreement under paragraph (a) shall be without prejudice to l/ 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: i. If CONSULTANT fails to provide services called for by thisF_ eement within the time specified herein or any extension thereof, or _ ii. 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) day or such other period as CITY may authorize. K~.~,/~t d~ S u tom I+Q t~ iii. If CONSULTANT fails to eliminate a conflict as described in Section 11 of this agreement. Personal Services Contract Page 9 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 services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONSULTANT. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. \P4. ACCESS TO RECORDS: s 1 CITY shall have access to such books, documents, papers and records of CONSULTANT ` 1 Y as are directly pertinent to this Agreement for the purpose of making audit, examination, i pts. excerpts and transcr 15. FORCE MAJEURE: 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 delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation~mder the Agreement. tZ A 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, not be construed as a waiver or relinquishment to any extent of its rights to assert or rel upon such terms or rights on any future occasion. I" 5 Personal Services Contract Page 10 17. NON-DISCRIlAINATION: CONSULTANT agrees to copply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. CONSULTAFT also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS: 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. "'00 - Only the LUy staff member's title may authorize extra (and/or changes) work. Failure of CONSULTANT to secure au orization 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: All 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 warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve 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 hftmat, the parties agree that the losing party shall pay such sum as the court may adjudge A easonable attorney fees ~ and court costs, including attorney's fees and court costs on appeal. b~ 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. Personal Services Contract Page 11 23. COMPLIANCE VVTrH APPLICABLE LAW: CONSULTANT shall comply with all , rderal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.320. 24. CONFLICT BETWEEN TERMS: rl--~e M It is further expressly agreed by,~(d between the p -hereto that should the be any conflict between the terms of this iuAFmM*in then ro s _ f the contract, this mfttnrterrt shall cunt and nothing herein shall b considered as an acceptance of the said terms of Qv said opos nflicting herewith. MW 44 "uQ y~ 25. AUDIT: a aY ? vr~ 5~~„ 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 ~f deral government, or their duly authorized representatives to audit all records pertaining to :I its Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it not materially affect the intent of the V parties when they entered into the agreement. ~ 27. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party urgess 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. CONSULTANT by the signature of its authorized representative, hereby acknowledges that h5 as read this Agreement, understands it and agrees to be bound by its terms and condit ons. Personal Services Contract Page 12 IN WITNESS WBEREOF, CITY has causes this Agreement to be executed by its duly authorized undersigned officer and CONSULTANT has executed this Agreement on the date hereinabove first written. CITY OF TIGARD By: William A. Monahan, City Manager CONSULTANT By: Personal Services Contract Page 13 W O CD ~ C CD y O O d 7 co) CA O N 'n CD C) 03 N N 0) ((D 0 N 7 C. CA. O C O a(Di < (D c : r N N N 0 5 N 7 (CD O O O O (D rt C. (D O (D N n m s (3 N O C c o @ C Z ( D f § m CD M (D Q c 3? ,t a - N Ci a n ° 7 N = N O W D n d (D N ( y 7 N .D+ O' 7 N N , tD :D O O (7 y Q. N O N N 7 N N (0 7 n N o d 7 Cl) (D O N *M 69 (A (D f!1 EA 69 69 EA EA Efl ~ C ti ( O O a O l+ ° ° 0 ° o o o 0 C) O O O O N ~ ~ A y y (7t n K N ! s W O C 3 7 co ~ 'D 7 O N ~ 3 Z (D (D CL N N (D N N B (D 7 N 7 CL 0) O O to -4 -4 CA O O O O X X N Ul Cil O O ~ d7 O O CL CL (D N J s ~ 7 O O 7 n C (D 7 z m (D CL (n c N (D N N 3 C 3 O ca 3 co cn T. a O S 0) ca (D ms 0 a3 M AO - I W ;4: m Ae/ m v AGENDA ITEM # Non A cla FOR AGENDA OF March 28. 00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Thorn Street Storm Drainage PREPARED BY: 1949 VA-^ ~v HEAD OK: Gus Duenas CITY MGR OK: Bill Monahan ISS TF BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Thorn Street Storm Drainage Improvements? STAFF RECOIvIMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to D & D Concrete Utilities, Inc. in the amount of $43,278.00. INFORMATION SUMMARY The existing drainage system on Thorn Street is inadequate to handle storm runoff that it is subject to during high storm events. In addition ponding has been observed in more than one area on Thorn Street. The scope of this project is to remove existing antiquated storm drainage facilities, and the construction of six new catch basins, four new manholes, and approximately 670 lineal feet of new storm drainage pipe to enhance the collection and conveyance of storm drainage runoff on Thorn Street. This new drainage system will be connected to an existing storm drainage pipe system on SW 82°a Avenue for its downstream outlet. The bid opening was conducted on March 14, 2000. The bid results are: *J-Mac, Inc. Sherwood, OR *$37,115.00 *Grams Construction Co. Vancouver, WA *$39,096.13 D & D Concrete Utilities, Inc. Tualatin, OR $43,278.00 *Canby Excavation, Inc. Canby, OR *$48,458.00 *Moore Excavation, Inc. Portland, OR *$49,825.00 *Oregon Siteworks Aloha, OR *$51,052.13 C & R Woods Trucking, Inc. Sherwood, OR $51,969.00 *Kasey Cooper Excavation, Inc. Boring, OR *$52,789.77 *Crestview Construction, Inc. Hillsboro, OR *$54,494.00 Three Dimensional Contract., Inc Beaverton, OR $55,597.00 Rychart Excavation Inc. Hillsboro, OR $58,779.84 Les Brown Excavation, Inc. Gresham, OR *$60,151.00 K & R Plumbing Const. Co., Inc. Clackamas, OR $60,468.00 M. J. Hughes Hillsboro, OR $61,666.00 Eagle - Elsner, Inc. Tigard, OR $63,287.00 Seminole Environmental Silverton, OR $78,788.20 Skyline Equipment & Utility Clackamas, OR $82,354.00 Engineer's Estimate $66,240 The bid document required all bidders to be Pre-qualified with the State of Oregon, to submit a Bid Bond, and a First-Tier Subcontractor Disclosure form such that their bids could be considered as being responsive. Eight of the bidders (marked with an asterisk did not submit one or all of these bidding document requirements, and hence these bids were considered to be non-responsive. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The street improvement portion of this project was funded in the amount of $75,000 in the FY 1999- 2000 CIP with $65,600 in CDBG funding and $9,400 in City funding. This amount is sufficient to award the contract of $43,278. I:\dtyMde\sum\agenda summary for thom pno ect.doc i r-- cn I L,J a- 2A V ~ - - 3A V Hl 6L Z t - S 3AV aNZB AV C1NC I N I ti J, \ 61 O- f ~ 11 s l J 'I I' GA 18 -nVH 1 ~ `L~ 8TH ANNUAL BEST BUSINESS AWARDS REGISTRATION Please reserve spaces for the people listed below at the upcoming BEST Business Awards Breakfast. [Note: if you are purchasing a table or registering for more than three-people, _people, please attach the additional name(s), title(s), and organization(s) if different.] Title Please Mail Your Name Registration to: Name Name Organization Address Phone City/State/Zip ['ax 'T'itle Title The cost is $25 per person. Tables for eight people are available for $160. Please indicate the total amount and how you will be making payment for the people attending: people x $25.00 each = $ or tables at $160 each = Make checks payable to Portland Energy Office. Your registration form needs to be received by 5 pm on Thursday, April 13th. If you're unsure if mailing will meet that deadline, please fax us a copy first. Our fax number is (503) 823-5370. Because of our arrangements with the I lilton I lotel, we will be unable to reimburse anyone who cannot attend after registering. If you find you can't attend, please send someone else in your place. - cs Sri ° ° ~ ^O .D, C h O V v. N ~ v ~ .'n.. p"'O C O V E ~X-O ~•O C N O C~ n 6GJ F. ~ 'C •C ~ v C t' y . " v v, s c of v o ° G' d v C v'N~ E o ° o oGn O c a O. r ..f] O cyi N C a cC S V n G V > E - c ° o E~ c X10 N V C 0 •C O H V a. O y G' C V R. G N C O'V = C y i E 4 W c E U a o v ns o o c E_ v c F- w v r.~ o 0 o 0 W Cai• f~ s= p C ~ ~ .A'~ N .i~ 7 id v E y W y a a 1:. .v v O N y°c ° o C N , V E.~ O C ~ cC y C O V ~ i 'G vvn. ~ C •C ~ a ~ a~ .v v G v O° 'p cs h c g a H M S J C '0- -0 V ~ C ~ y > W •C . E~ O ca v C 'L O tar, -!n la' -C C E.~'~'O C t8 a w ti. OCQ C o Z= =1 n O O N O ti v Q y p d n. . v E v v Q. r 'C L r a, -0 W M a c o c a E~ 7 cc r o Fr- E v y c~ cs G~ v. C • . cs G G~ W IX y p O c .-a C G O o v cam'- c E E Z, OWs,cV~s ~.2 ~s c L W o z z 7-a..C nw"'O C .'VAS Gam`'-' ±JS d y!i v -CL) W f> 1 c o ° - oens i-. 1J .-,p C ofi r- t; I C E O. J Y Vi ~ j Q.^Y ~ CJ r~.w O O ' N o p c 0 CL v V cYi a c cCS E c_ O O C O O v 0 10 y O EL C C vV ~ ~ s cs O y CL H G C O O N •;w y ca C rz rA ~ ~ V . R m '4 a o0oc0 O M O M O I- t- o000ON z W O 4 BEST Awards Breakfast Portland Energy Office 1120 SW 5th Ave, #706 Portland, OR 97204 ❑ Check ❑ Cash at the door ❑ Purchase Order a Credit Card Type Exp. C O v .C ~ ~ C ~ 0 d T7 G v vi m E. < C vGi O O i v. C ZA W X V i O o i [ ws : C 'N cs c C > O LY h C ' m C ' 41 ' E O c o g a c y 3 -5 o E V n C ° ~ v 4 0 o E w '"O ~ t] c v . u, c C ¢ L u r (Y ~ ~ d ..C E ~..0 ° ~ d i o E Q C W L1 N C 'O :a C u N CQ V)' C 0 0 O vi CA u ,E G 1- C C. W c7 ~ u a.+OM O F V 61 ~ C~ c3 c3 00 II.~~ y N W fs C ~a N N O CU C! _ a 'np 7 L M CA C.I. O p , O C6 e y w G O O O c 6~ O V = o°n'o n c v m E E ° 2 y v c ~ U) y y O v.~ y q- V 'C F 'U N ~ J a c v G C .lam C s C C' s N y z 0 r a, C: E . 1~ G HvO. U O G~ O~ < u c ~n a vi -o O Lcp C r y u C 1C1 O v 04 `>,v v'0 O O•V y s V 0 C d A,S 4u^, y 7. n y y bD C C OV O 7 0 H p O `T •H "'O E u O G y pp Oy V O y :B 7 h- . 1 r-4 7 N 0 x u O cs C °V in• C :j': f G N 4 s j O OG O n O W "'O !A V u. C p~ > n. 6 W Ij v v E.~~ E aj v na s w v~°'c"5 c-~F _ y c- c ~s c c p o o w v N a a c a o c ° E E= E n.'~ es ° h v v G~ y F E~ y ~i~x ~xV ~V N H E.5 v y o W 3 V 3J0, o~S, 3 d 0. 00 x`Ttna N Hn rn c o vr~d H 5c~~n~ ~aa~b ~ O C-' o, rDo S n n 5 T 5 cvo O' C rP y w O O ci C. n ' ' T O, O- C O 0 n n e y • - O d o •aC) ^ CM 7~ w o b7 ry D.. H rT~ n . ~ O ~ y~dN o 0 n m 3 ? cn ri =1 = o p^ m ' c rD =1 rD ru 6 5 Q _7 rp n CC r, M. O O x O C f• O ^Q 0..b t- rD 7p 0 5 ~ n ~ • H w ~ _ O O a• Cn n O ' -d p- G EJ ~ G7 2 5 C ~ W '71 tl. p .D t7~. O O r n ~ r) > 5D • rfl n r'D d 7 • p0 r O.. CA 5 ' 0.n Q O m p C ~ O ` O M Oro n U-0 .O n io n 'n rL ro n- . j V' ro ` rs .7Q r Cf7 a p 7 L: C- r-+ y • T 7 p rD ro v r. rn() 9 7m ro a~ 'd 7 ~ O 7 Zp 3 O 2 .T, N O' n 7 O O y 7 O it 5.0. .7~rfo ' ~ C 7 rD O O te' W it 'Tr' 5 ^ 7 w Cl- i m r : S r rn rD . tT] T Q. e T BUSINESSES FOR AN ENVIRONMENTALLY \SI 0 SUSTAINABLE TOMORROW (BEST) City of Portland Energy Office 1120 SW 5th Avenue, #706 Portland, OR 97204 0 12ecgdrd Paper -4 m n n r x .a rn , o 0. o G n C" 13 o > mz 0 ° a Qs-' x . rD C) 3 .4 ~ o'er ti m v> N N ® m® z u z N wiz z ~ y o g io z N T ~O ~D S w aO` C" ~ v w V~ r w p v t `O o C71 N° n ° 3• oo 3. m z ti- P...C O O O O• ° O C• t z m sC.~ v rCi, ' ~ C ~ O •~j o o Q n O ° rn •`e O Cl- N C v, • H H ~ ~ m n ~ C N r = _ y rn- O.. rD ro d . m m T N B 0. 0... o_ e o O rD ry m o a o CD r? b7 ,r+w„ CA O. C/~ N H ~y A. a IA Z Portiand9s Energy Savings Program for Greater Efficiency in City Government City Energy Challenge City of Portland Energy Use Summary 1997-98 City Council initiated the City Energy Challenge in 1991, as a response to the City's goal to reduce energy use by the year 2000. This brochure updates the City's accomplishments through fiscal year 1997-98 including: ✓ How and where energy is used in City-owned buildings and equipment ✓ What types of energy are consumed and how much it costs ✓ Savings from recently completed energy projects and where it's been saved Memo From The Commissioner Date: July 1, 1999 'fo: Bureau Managers Subject: Energy Use Summary for 1997-98 Portland has a proud reputation as an environmental leader. We want to protect and enhance our natural resources and keep our neighborhoods vital. Energy efficiency in City facilities reduces our use of fossil fuels, improves the environment, and saves money! More than $1.7 million was saved last year from assertive energy efficiency and bill reduction efforts. This Energy Use Summary gives you a quick overview of energy purchases and how we're meeting Portland's energy efficiency goals through the City Energy Challenge Program. 'lo save paper - and more money - this summary is slimmer than prior reports. More details are available in a database the Energy Office has compiled. If you're interested in bureau-specific or facility- specific information, it's been compiled in an Access searchable database format. Contact Dave Tooze, the City Energy Challenge Program Manager, if you want a copy. We don't plan to rest on our laurels. If you're concerned or aware of additional energy-saving opportunities in your facilities, the Energy Office staff is available and willing to help. The City Energy Challenge is just one way that we are working to continue our leadership and work to promote clean, efficient, low-cost power for our own facilities as well as all of Portland's households and businesses. 'T'hank you for your interest in conserving energy and for your fine efforts! F_ J ENERGY COST $9,600,000 . . $9,400,000 $9,200,000 uu.uv' - '•~at`:x:+5 $9,000,000 ' c tu" 58,800,000 ~no.n $8,600,000 $8,400,000 93.94 94.95 95.96 96.97 97.98 ENERGY COST BY FUEL TYPE Vehicle Fuel 17% Natural Gas 5% Electricity 78% ENERGY USE 810,000 auu 805,000 800,000 •ifn 795,000 s: nun 790,000 785,000 m.M 780,000 778,000 93.94 94.95 95.96 96.97 9798 TOTAL ENERGY USE AND COST Year MOT U* Coss 1997-98 808,017 $8,802,633 1996-97 801,625 $9,111,411 1995-96 794,337 $9,321,849 1994-95 805,136 $9,499,530 1993-94 787,998 $8,930,796 *Million British Thermal Units, a generic measure of energy Energy Cost and Use Total Cost: $8,802,633, down 3.5 percent from the prior year. Energy Use: 808,017 MBTUs, up 8/10ths of one percent. How Much of What Tvpe? Purchases of electricity dominate our overall utility cost at 78 percent or $6.888,507 per year. Vehicle fuels comprise 17 percent ($1,496,539) while natural gas makes up 5 percent ($417,587). Rates and Prices Electricity prices rose 1.8 percent for Pacific Power customers (representing 10% of city accounts) and dropped 0.7 percent on PGE bills (representing 90% of city accounts). Natural gas prices rose 2.7 percent. The cost of vehicle fuels can swing widely; this past year fuel prices increased by 10.8 percent. Where is Etnersty Used? Buildings 26% Street Lights & Signals 25% Vehicles 17% Pumping (Water & Wastewater) 16% Wastewater Treatment 16% Which Bureaus? Traffic Management $2,193,595 Environmental Services $2,183,752 Fleet Services $1,123,592 Water Bureau $1,179,338 Parks and Recreation $813,253 General Services $758,070 Fire Bureau $312,701 Police Bureau $125,006 Maintenance Bureau $113,326 ENERGY USE BY BUREAU (MBTU) 1997-98 199"7 1995-96 # 1 223-94 Police 9,570 14,474 18,932 29,354 62,362 Fire 37,009 41,731 40,448 40,483 36,670 Parks & Recreation 86,476 74,860 85,947 83,876 81,798 Environmental Servic es 206,245 161,857 151,236 144,670 169,445 Traffic Management 159,279 167,520 162,672 159,966 163,200 Transportation Eng. 0 0 0 633 532 Maintenance 8,682 * 8,618 * 74,990 68,046 72,469 Water 87,695 * 79,341 * 106,035 119,053 91,920 General Services 60,131 66,527 60,373 68,276 62,692 BGS-Fleet Services 152,930 186,697 93,704 90,779 46,910 TOW 808,017 801,625 794,337 805,136 787,998 ENERGY COST BY BUREAU 1997-98 1996-97 1995-96 1994-95 1993-94 Police $125,006 $143,046 $175,045 $269,703 $524,613 Fire $312,701 $356,120 $365,569 $366,277 $313,677 Parks & Recreatio n $813,253 $719,610 $799,940 $780,036 $767,078 Environmental Services $2,183,752 $1,774,143 $1,864,356 $1,885,459 $1,983,964 Traffic Management $2,193,595 $2,801,978 $2,719,214 $2,680,818 $2,621,473 Transportation Engineering $0 $0 $0 $7,527 $5,725 Maintenance $113,326 * $113,294 * $470,064 $399,184 $427,796 Water $1,179,338 * $1,187,856 * $1,441,164 $1,521,606 $1,096,364 General Services $758,070 $784,734 $782,354 $911,746 $834,106 BGS- Fleet Services $1,123,592 $1,230,630 $704,143 $677,174 $356,000 Total $8,802,633 $9,111,411 $9,321,849 $9,499,530 $8,930,796 *Bulk vehicle fuel purchases for the Bureau of Maintenance and Water Bureau were shifted to BGS Fleet Services. **Gasoline purchases for the Police Bureau were shifted to BGS Fleet Services. EXECUTIVE SUMMARY $1.7 Million Saved This Year. City bureaus are saving $1.7 million this year on their electricity, vehicle fuel and natural gas bills because of proactive management decisions to reduce energy bills. These savings are a result of more than 75 completed projects involving energy retrofits, efficient designs in new construction and remodeling and utility rate reductions completed through the City Energy Challenge program. By bureau, the accomplishments are: General Services and Fleet $187,147 Water Bureau $44,048 Fire Bureau $15,442 Parks and Recreation $65,676 Bureau of Maintenance $23,346 Signals and Street Lighting $98,767 Environmental Services $614,333 Energy office negotiated rate reduction $300,000 Street Lighting negotiated rate reduction J162.830 $1,716,589 City Energy Bills Drop, Againl The combined energy bill for all City bureaus has dropped for the fourth straight year to $8,802,633 and is nearly the same as it was when the City Energy Challenge program began eight years ago in 1990-91. Without the energy conservation and bill reductions, our costs would have climbed to $10.6 million! Our efforts to conserve have kept expenditures nearly constant last eight years, during a time when most energy prices have risen and demand for City services rose sharply. To illustrate that growth, the following benchmarks and performance indicators are used to show changes in other areas during that same time period. Without effective energy management, this growth would have meant a corresponding growth in energy costs. Changes in City Services from 1991 to 19913 City Population: Up 12.2 percent, from 454,150 to 509,610 residents. City Employees: Increased 9.5 percent, from 4,702 to 5.149. Street Lighting: Added 15.7 percent, from 43,948 to 50,868. Traffic Signals: Increased 12.8 percent, from 894 to 1,009. Parks and Recreation: Building area increased 9.1 percent from 548,769 to 598,689 sq. ft. Fire Bureau: Emergency runs up 3.5 percent, from 55,514 to 57,483. Environmental Services: Gallons of wastewater treated is up 10.2 percent. Water Bureau: Gallons of water supplied is 39.5 billion gallons, up 3.5 percent. Fleet Services: Miles driven by City vehicles, up 12.6 percent to 15,835,180 mi. Added New Buildings: Water Control Lab, Walnut Park Police Precinct, East Precinct, ency Services Building, 911 Emer g Rivergate Vehicle Storage, Hayden Island Fire Station, Water Pollution Control Lab, CBWTP Headworks, and the East Metro Community Center. Annual Energy Expense: Down 2.6 percent, from $9,039,314 to $8,802,633. Annual Energy Use: Up 5.1 percent, from 768,840 to 808,017 Million BTUs. The City's efforts are directed by the following commitments made by City Council. ♦ City Energy Policy (Adopted August '79; Updated April '90) Goal: Promote a sustainable energy future by increasing energy efficiency in all sectors of the City by ten percent by the year 2000. ♦ C02 Emission Reduction Strategy (Adopted November '93) Goal: By 2010, reduce carbon dioxide (C02) emissions 20 percent below the 1988 level. (This will mean cutting the C02 emissions 42 percent below the 2010 forecast.) e Sustainable City Principles (Adopted November '94) Goal: Promote a sustainable future that meets today's needs without compromising the ability of future generations to meet their needs, and accept responsibility to: ✓ Support a stable, diverse, and equitable economy ✓ Promote the quality of the air, water, land, and other natural resources ✓ Conserve native vegetation, fish, wildlife habitat, and other ecosystems ✓ Minimize human impacts on local and worldwide ecosystems Q~4•rt.wNU FO ~O U ~ ~4r~c • IX61 Portland Energy Office 1211 SW 5th Ave, #1170 Portland, OR 97204 Phone: (503) 823-7222 Pax: (503) 823-5370 E-mail: pdxcncrgy(ii ci.portland.or.us 1JRl.: www.ci.portlanci.ocuti!encrgy/peohomc.html Director: Susan Anderson CEC Manager: Dave Tooze ■ ortlancl's Columbia Boulevard Wastewater Treatment Plant now has the technology to turn methane gas into renewable energy, which helps operate the plant. Methane is a natural byproduct of the sewage treatment process. The treatment plant sells some methane to a nearby manufacturer and uses some to heat portions of the plant. The rest is flared off. Now, thanks to a fuel cell installed at the plant, the treatment plant can recover more methane and convert it to energy. The fuel cell operates like a battery, but never needs recharging. Methane gas is piped into the fuel cell. The cell extracts hydrogen from the gas, then combines hydrogen and oxygen. That creates a chemical reaction Fuel Cell Statistics • Type: ONSI model EXCESS ` • Electrical: 20OKW 235KVA METHANE OFFURNED a61G DIGEs2. 44 40, BIO GAS METHANE) PRoGE SOK EXTRACT5 HYDR06EN fRoM THE GAS. RiiyR USgBi E - H EAT AN D GLEAN WATER. BIOGAS that produces electricity. Portland's fuel cell will generate as Much as 1.4 million kilowatt-hours per year. The fuel cell will operate continuously as long as it has a steady fuel Supply. Portland's fuel cell is a reliable power Source, uses free fuel, and doesn't pollute the environment. Although fuel cell technology has been around for decades, fuel cells are still quite expensive. However, the City won federal and state grants for its project, as well as Subsidies to boost clean renewable energy Sources. The City also entered into an agreement with Portland General Electric to promote renewable "green power." All those things together cut the cost of Portland's fuel cell nearly in half. ■ ■ ■ ■ 0 1 INOUSTR7 ~ 1 ~O 0 J3 sGPL(~ I I -A 4r HOMES 00 C7 t'a~i4STE' p % S For m :^ac: rnatacn: Environmental Services • 1120 SW 5th Avenue, Room 1000 • Portland, OR 97204 • 503-823-7740 www.enviro.ci.portland.or.us WT9013 12-99 Fuel Cell Technical Information ortland's fuel cell is the third of its kind in the United States and the first on the west coast. This is the first Anaerobic Digester Gas (ADG) fuel cell operated by a wastewater utility, instead of an electric utility. This is the the first publicly funded fuel cell of its kind in the world. Since the source of Portland's fuel is biogas-a renewable fuel-the electrical output is higher value renewable resource generation, sometimes called "green power." The electrical output of Portland's fuel cell is estimated at 1,400,000 kilowatt-hours. That's enough electricity to power 120 homes for an entire year. The value of the generated electricity is $92,000 as renewable power, or $58,000 as "grid" supplied power (from coal, hydro and natural gas). Since the Columbia Boulevard `Vastewater Treatment Plant has already EXCESS METHANE IS DufWED 0FF. 11 USABLE. HEAT AND GLEAN WATER. been buying renewable resource power (a 5% mix), Environmental Services will save $92,000 a year in energy costs. Portland's fuel cell is virtually emission free-no particulate, no sulfur, only 27 lbs. of NOx and 38 lbs. of CO per year. Better yet, the fuel cell offsets harmful CO2 ernissions from fossil fuel power plants by 694 tons each year. Portland has financial support for the fuel cell from the Oregon Office of Energy, Portland General Electric, the Fuel Cell Climate Change Program and Oregon's Business Energy Tax Credit Program. • Total cost is about $1.3 million • Portland's cost is about $790,000 • Simple payback on the city's cost is 14 years-a good investment for Portland sewer rate payers. • Type: ONSI model PC25C • Dimensions: 10'x 10'x 18'/40,000 lbs. • Electrical: 20OKW 235KVA (-20 to 11 OF, up to 500 ft.) • Fuel: Anaerobic Diraester Gas (,ADG) -480/277 Vol'., 50 Hz • Electrical Efficiency: 40% Grid/Non-grid connected • Heat Rate: 9,900 Btu/kWHr • Thermal Energy Available: >600,000 Btu/hr ® 140F • Overall Fuel Cell Efficiency: 85% Single-Wall Heat Exchanger ~P~~oBIG DIGESr~~ p. ~e NE Fuel Cell Statistics nstall a premium-efficiency appliance or duct system... Seal your heating ducts... Buy an alternative-fuel vehicle - and a home charging or fueling system... Heat your home or water with a solar or geothermal system... Make electricity from the sun... and get a credit on your state income taxes WHO IS ELIGIBLE? • Homeowners A Renters HOW MUCH IS THE TAX CREDIT? The tax credit is based on how much energy the system will save the first year. The value of the credit per kilowatt-hour (kWh) saved depends on the type of equipment or system. The tax credit program will end Dec. 31, 2001. WHAT ABOUT ENERGY COSTS? In addition to the tax credit, you'll save on energy bills year after year. Here are two examples: half, saving $60 to $120 a year. `lour actual savings will depend on how much hot water you use, your fuel cost and the type of system you install. • A family of four washes about eight loads of laundry a week. The annual energy bill for this laundry load is $55 to $85, de- pending on the fuel source. The average tumble-action clothes washer would cut this bill by $20 to $40 a year. (Tumble- action clothes washers also reduce water use significantly - by up to 40 percent.) Your actual savings will depend on your laundry load, your wash settings and the efficiency level of the appliance you buy. Say a family of four uses about 75 gallons of hot water a day. It costs $120 to $240 a year to heat that much water, depending on the fuel source. The average solar water heating system can cut this bill in about WHAT QUALIFIES FOR A TAX CREDIT? On the following page, you'll learn more about the energy-saving systems that qualify for the Residential Energy Tax Credit. Premium-Efficiency Appliances Clothes washers, refrigerators, freezers, dishwashers, water heaters and other major household appliances certified energy-efficient by the Oregon Office of Energy are eligible for a tax credit. The list of eligible appliances changes as new products enter the market. A current L list by ma[iufacturer and model is available at your appliance dealer or from the Energy Office. (Visit Our Web site or call us - see back panel.) The credit for - ..tr;;c~ appliances d tint ~s .Ind i iirnitt.-d to.. percent of the ta; i ri•,ti[ for tumble- WJSIKIr,~. i()r Cxample, ranges 00 to hi(-rgy-efficient ;u;llitti. Ic r r~ "11% credit of 550 i n liicient relrillerators :Jx credit nl about $65 to nearly $200. :lppllances with - higher energy t, - i savings - water t heaters, for 1 .t example - qualify for a higher tax credit. To be eligible, the appliance must be used in your primary or secondary residence. teafi~n S stems 2 Premium-Efficiency Mw_ Duct Systems Gaps, leaks and small holes in heating ductwork account for as much as 25 ' percent of home heat loss. You can get a tax credit for a well-designed and sealed duct system in your new home or for sealing existing 3. ductwork. The tax credit is 25 percent of the cost of the new or retrofitted duct system. The maximum allowable tax credit is $250. The contractor performing the work must be certified by the Oregon Office of Energy. it. h,2:1 1 Solar Water Heating You can heat water for your home with a solar system and get a tax credit of 60¢ per estimated kWh saved during the first year, up to $1,500. Solar spa or pool heating systems are eligible for a tax credit of 15c per kWh saved. Solar Space Heating You can heat your home with a solar space heating system and get a tax credit of 60¢ per estimated kWh saved during the first year, up to $1,500. The system must meet at least 10 percent of the total energy require- ments of the home. "''voltaic Systems can make electricity from the sun with a "()voltaic system and get a tax credit of per estimated kWh saved during the first r, up to $1,500. The photovoltaic system . ; ~ Est meet at least 10 percent of the total orgy requirements of the home. Alternative Fuel Vehicles and = U..', Charging/Fueling Systems v You can get a tax credit of F $750 if you buy a vehicle that uses electricity, natural gas, ethanol, methanol, propane, hythane, biodiesel, gasohol or hydrogen. Or you can get a tax credit for converting a vehicle to use any of these fuels - 25 percent of the conversion cost, up to $750. You must be an Oregon taxpayer and vehicle must be registered for roadway use in Oregon. You also can get a tax credit for installing a home charging or fueling system. The credit is 25 percent of the cost, up to $750. The home- owner or the builder may claim the credit. 1. Complete a Tax Credit and Verification Form for the system or equipment you buy. Forms and instructions are available from your dealer, contractor or installer, or from the Oregon Office of Energy. (Visit our Web site or call us.) Send the application to the Oregon Office of Energy with proof of payment. You'll receive a Certification with the tax credit amount you qualify for. If you buy a solar water heating system, geothennal system, duct system or duct sealing services from a contractor certified by the Oregon Office of Energy, the contractor will complete the applica- tion for you and provide the Certification. 2. Claim the tax credit when you file your Oregon income tax return. HELPFUL INFORMAT10N The Oregon Office of Energy and the Oregon State University Extension Energy Program offer the following brochures and booklets on energy conservation and alternative energy systems: Solar Water Heating - General Solar Water Heating -Technical Solar Water Heating Do-It-Yourself Solar Space Heating - General Solar Space Heating -Technical Pool and Spa Heating Photovoltaics - Making Electricity Geothenrlal Heat Pumps To order any of these publications, call 1-800-221- 80:35 (toll-frc:.• in Oregon) or A78-4040 (in Salem). You als1, (1111 .4"1 'rcc public • ~-~~a on appliances, duct scalin;„ and other home c^I~T.." o; 11,;11. t ' i vwr;;~ Line, a service of r,,v 1'ro,-1ram and the tlre;g- in 157- 9394 (24 hour< . ur n+• and mailing address r r oi)li, atwn list. Del :rtrnent of Consu. :r, ices Oregon Office of Ener:.•. 1125 Marion St. NE Salem, OR 97310-0830 (503) 378-4040 Toll-free: 1-800.221-8035 Fax: (503)373-7800 Wel) site: sytvw.cbs.state.or.us/c~tcrn.rl;nue I his brochure was prepared with the support of the U.S. Dep lrtment of tinergy, Grunt No. UGFG51 97020884. Any opinions, findings, conclusions or n•conuru•ndations expressed herein are those of the author and do not necessarily reflect the view of USDOF. January 19911 ~ `fix.. rotecting Oregon's environment is a large part of our mission. That's why the Oregon Office of Energy offers the . Business Energy Tax Credit. It encour- ages investments in energy conservation, recycling, renewable energy resources and less- polluting transportation fuels. It also helps reduce greenhouse gas emissions. Any Oregon business may qualify. Projects may be in office buildings, stores, apartment build- ings, manufacturing plants, farms or in trans- portation, for example. To date, more than 5,000 energy tax credits have been awarded to Oregon businesses. Altogether, those investments save or generate energy worth about $100 million a year. HOW MUCH IS THE TAX CREDIT? IS THERE AN ALTERNATIVE TO THE TAX CREDIT? e Yes, for weatherization and premium-efficiency appliances for rental property, alternative-fuel vehicles or fueling stations, and commercial solar projects. They may qualify for a "pass- through" program that some Oregon investor- owned utilities offer their customers. The utility claims the tax credit and gives you an upfront cash payment. The payment is about 28 percent - the net present value - of the project cost. The tax credit is 35 percent of eligible project costs - the incremental cost of the system or equipment that's beyond standard practice. You take the credit over five years: 10 percent in the first and second years and 5 percent each year thereafter. If you can't take the full tax credit each year, you can carry the unused credit forward up to three years. WHO CAN GET A TAX CREDIT? Trade, business or rental property owners who pay taxes for a business site in Oregon are eligible for the tax credit. The business, its partners or its shareholders may use the credit. The applicant must own or be the contract buyer of the project. The business must use the equipment for the project or lease it for use at another site in Oregon. Irrigation efficiency improvements, controls for heating and cooling systems, rental property weatherization, improved pumps and motors, heat recovery from refrigeration systems and lighting improvements are just some of the conservation projects that qualify for the tax credit. W )nservation projects must reduce uw.by at least 10 percent to qualify. Orojecls must reduce energy use by p;Nent: All rental-property ,.wrtzation'projects qualify for the tax credit 7(or utility pass-through] if cost- effective, including those recommended by a utility or state energy auditor. You also can get a tax credit for iistalling energy-efficiency measures dwinF; c: ~~stru;:- tion. Measures must reduce use at least 10 percent compared :nn:!L;; building that meets the ini;!131" 11 ments of the state energy cc. d.;,. ( 4ic tax credit is 35 percent of the co,si c.! t1 energy-saving measures that %cec(A I( requirements. DESCHUTES BREWERY in Bend insulated refrigerated tanks and installed a hot water recovery system to preheat the next batch of brew with waste heat from brew kettles. Energy savings for the project are 80 percent. `Robert Rosenthal, owner of blob Hill Pharmacy in Portland,. expects to save more than $1,000 a year after replacing light fixtures with efficient lamps and ballasts. Another bene fit: Rosenthal says the store is brighter now, with half the bulbs. You'll receive the final certificate about one week after you notify us that your project is completed. Include a copy of the final certificate with your tax return each year you claim a portion of the credit. LOANS FOR ENERG'i-SAVING PROJECTS The Oregon Office of Energy also administers the Small Scale Energy Loan Program. The program offers fixed-rate, long-term loans for conservation, renewable resource, alternative fuel or recycling projects. Loans can be used to pay most energy-related project costs, including engineering and design, permits, fees, project „ianagement, equipment and construction. :.cans can be secured by the project or other sets. Call the Energy Office for details. FARLRY FARms, Milton-Freewater, reduced energy bills by 30 percent - saving 35,000 kWh of electricity a year - by replacing a high-pressure wheel-line irrigation system with a low-pressure center pivot system. Reduced pressure on the pumps . reduces energy use, and because less water is lost to drift and evapora- tion, less irrigation water is needed and the pumps run less. Vern Rifer (right), Gerding/ Edlen Development Co., and Phil Osloond, PG&E Gas Transmission Northwest, at the company's Portland headquarters. The building was designed to save the company 40 percent on its energy bills - about $30,000 a year - compared to a code-minimum building. The energy-saving features qualified for a 35 percent tax credit. FOR MORE INFORMATION Call the Oregon office of Energ; toll-I rce at 1-800-221-8035. Or visit our Wei) site (www.cbs.state.or.us/external/ooe). You'll find application forms, administrative rules for the tax credit program, and examples of businesses that have earned a tax credit for investing in energy efficiency. r. I d5 ys~,,l }S~ r ( i ~ i ➢ as s:: ~ ~ r t I1 . l ~ l Z~h tt r xT 2i Y ~ . I Y s ~r r - , 4 Jr. IL • vw u~ ~Ilt l4+I(~~,. ~r~'GIti = 1 YnICW a.;. S ✓ Y ~ 1 ~k l ~ ~•lll' .l!l. c l llll'.l l a l~ l>yu~! ll_~-ll,ll,lli.lll llllll:~'~ il'lll llUIl: ~~lial lll' ~lt~!~' ll` ll c*~ a 'd. 3 NEW °1 Projects that use solar, wind, hydro, geothermal or biomass to produce energy, displace energy, or reclaim energy from waste may qualify for a tax credit. Renewable resource projects must replace at least 10 percent of the electricity, gas or oil used. The energy can be used on site or sold. PORTLAND LFG JOINT VENTURE is building a system at St. Johns landfill to recover, compress and deliver methane gas to the Ash Grove Cement Co. to heat kilns. The system will save 8.5 million therms of natural gas a year. SHERM's THUNDERBIRD supermarket in Medford reduced energy used for heating the store by 85 percent by recovering waste heat from refrigeration equipment. Dan Reed (left), general manager of Mall 205, Portland, on the rooftop with operations manager Nolan Smith. At right is one of two air handling units that reduce energy costs and allow better control of heating and cooling - all from a dedicated computer in the office. The tax credit helped pay the additional cost of higher- efficiency equipment. Expected energy savings are $7,700 a year some 2,000 therms of natural gas and 145,000 kWh of electricity. Projects that develop new markets for re- cycled materials or recycle materials not required by law are eligible for the tax credit. Equipment that recovers industrial wastes, such as solvent recovery systems and wood waste sorting systems, qualifies. Equipment used to process or transport recycled materials also is eligible if recycling the materials is not x required by law. Crushers, bins, drop boxes, scales, separators, ,balers, conveyors and compactors qu fy as and trailers used to;haul recyclabWmate rials or modifying a truck for recycling qualifies. Not elik1ble#or a tax credit is new or replacement equipment for sorting or hauling beverage cans, bottles, or other materials where their recycling is required by law. Other examples of ineligible projects are recycling of chlorofluorocarbons and used motor oil. TRIQUINT SEMICONDUCTOR, Inc. expects to save 10 percent on its energy bills - some $65,000 a year - by commissioning its new plant in Hillsboro. Examining and testing building systems and correcting any deficiencies ensures that they perform according to the design intent and the owner's needs. PRAEGITZER's Dallas plant is adding a system to recover copper and the etchant used to remove it from the printed circuit boards they manufacture. The company expects to recycle 558,000 pounds of copper and 447,000 gallons of etchant - and save $ 750,000 a year. Commissioning is part of a package of energy-efficiency improvements at the plant that qualified for a 35 percent tax credit. Rese~rh- a `inept' Research, design and development of a new technology - promising, but unproven - may qualify for a tax credit, if it has the potential to advance the energy efficiency of Oregon businesses. Projects that reduce employee commuting or work-related travel and investments in cleaner- burning transportation fuels may qualify for a tax credit. You can get a tax credit for purchasing and installing new or used equipment that allows an employee to telework. Telework (also called telecommuting) is working at locations other than the traditional workplace one or more days a week. Computers, fax machines, modems, phones, printers, software, copiers and other equipment necessary for telework are eligible for the tax credit. The employee must telework at least 45 days per calendar year. Projects that reduce work-related travel by 25 percent also are eligible. You also can get a tax credit for purchasing transit passes for employees or providing ve- hicles for vanpooling or carpooling. Employees must use transit at least 45 days per calendar year or participate in a group pass program. Vehicles for employee commuting must be used at least 150 days per calendar year. And you can get a tax credit for buying a vehicle that uses an alternative fuel or for converting a vehicle to use an alternative fuel, such as electric- ity, natural gas, propane or biodiesel. The tax credit is 35 percent of the cost of the alternative- fuel features for a new vehicle or the cost of conversion. You also can get a tax credit for installing an alternative-fuel fueling system or charging station. Alternative-fuel projects may qualify for the utility pass-through. Eligible vehicles or systems must be on the Oregon Department of Environmental Quality list of approved products. Cali DEQ at 1-800-452-4011 for an up-to-date list. Director of Accounting Cathy Gerald (center) kick-started tlework at In Focus Systems, Wilsonville, with a pilot program in her department. The tax credit will offset the multimedia projection company's investment in computers and phone lines to allow 45 people to work at home part of the week. Eliminating the commute will reduce their gasoline use by 20 percent. HOW DO I APPLY FOR A TAX CREDIT? You roust apply for the tax credit before starting your project. You may request a waiver, but it will be granted only for business hardships or circumstances beyond your control that caused you to delay your application. The request must be made in writing within 90 days of project start and describe clearly the hardship or circumstances. If you've q started your. project, do not submit an ~aii+tzn Call the Energy Office. Ynur appl3catlr n must be complete and include the filing and processing fee. Energy. Office staff will review,your application within about two weeks. Staff will try to meet your timeline for rush projects. You'll receive a preliminary tax credit certificate when your application is approved. That's your go-ahead to start the project. Call the Energy Office for an application, fee information and assistance with the application process: 1-500-221-5035 (toll- free in Oregon) or (503) 375-4040 (Sa- lem). Or visit our Web site (www.cbs.state.or.us/external/ooe). WHAT COSTS ARE ELIGIBLE? The tax credit can cover all costs directly related to the project, including equip- ment cost, engineering and design fees, materials, supplies and installation costs. Loan fees and permit costs also may be claimed. Replacing equipment at the end of its useful life or equipment required to meet codes or other government regulations is not eligible. FLOW DO I CLAIM THE TAX CREDIT? Apply for a final tax credit certificate when your project is finished. Energy Office staff will review your actual expenses. The tax credit may be adjusted to cover cost increases over estimates in your preliminary certificate. The Energy Office cannot approve increases of more than 10 percent unless you amend your preliminary certificate before complet- ing the project. ne of the best ways to ensure that Oregon has clean and affordable energy in the future is to conserve the energy we use now. That's ()why the Legislature created the Energy Loan Program in 1981. It offers low-interest, fixed-rate, long-term loans for any qualified Oregon project that invests in energy conservation, renewable energy, or creating products from recycled materials. The program is self-supporting and uses no tax dollars. Oregon general obligation bonds provide the funds for the loans. Borrowers pay back the full cost of their loans, which cover bond payments and program costs. Loan payments for most applicants are covered by their energy savings. Some applicants see additional savings above their loan pay- ments. Once the loan is paid off, energy savings can be applied toward other needs. To date, more than 480 loans for a total of $272 million have been awarded for Oregon projects. These loans have financed projects that together have saved enough electricity, natural gas and oil to heat more than 110,000 Oregon homes each year. WHO CAN APPLY? Individuals, businesses, schools, special districts, tribes and local, state or federal government agencies may apply. Examples of previous projects include: • lighting improvements • central steam plants • solar and geothermal heating • motors and motor controls WHAT PROJECTS QUALIFY? Eligible projects must be in Oregon and generally fall into one of three categories: energy conservation; producing energy from renewable resources such as water, geothermal, wind, solar, or biomass; or using recycled materials to create new products. • building management and control systems • district heating • HVAC systems • methane gas recovery • weatherization • transportation projects • swimming pool improvements • cogeneration and hydroelectricity • water heating improvements • irrigation system improvements 0 0 Loans can cover most energy-related project costs: engineering and design, permits, loan fees, project management, building conur►issioning and general project construction. They may also be applied as matching hinds for grants. Applicants with multiple projects or facilities can bundle them together under one loan process to create more flexibility and reduce costs. o. Loans can be as small as $25,000 or as large as millions of dollars. Loan terms vary.'riwy may ranee fro!nl five to, ?t, ye;lrs. Loan te,, Inls a 1):Iwdt in, the of project, the anl,>>_int sir Tort;;, ! and other financial 1.o:.uis are usu::oily payment is Made tr. ii! i irwonie prcQILlCCd I,c ilIL I r,r,t_0 is.~an rates arl set after each bond anLl are fixed for the full terns ~)f o.-ac ii lo:±n. The bonds sell at lors rato•s h czitise thev are hacked by the state ()I'( Ire};on and, in most cases, the interest earned by bond buyers is tax exempt. T illamook County's Craven Farms installed an anaerobic digester to pro- cess the manure from its 800 cows. Digesting removes harmful bacteria that might other- wise contaminate the region's watershed. It also produces methane and waste fiber. The family-run dairy converts the methane to electricity that is sold to the local utility and markets the waste fiber for animal bedding and composting. The project provided the dairy with enough revenues and savings to recoup its loan costs in less than four years. '~~f T Y 1 T irst opened in 1889, the historic Geiser Grand Hotel in Baker City was a shadow of its former self before it under- went major renovation. The overhaul included energy efficiency improvements such as the installation of a new heating system and double-paned windows. The hotel, which also received an Oregon Business Energy Tax Credit for its energy- efficiency improvements, expects to save more than $20,000 a year on its energy bills. !r tland Public Schools expects to save rout $1 million a year in energy and :-rating costs by installing typical ; ; 11'gy-efficiency improvements in its i;uilclings. The school district established a i i ne of credit with the Energy Loan Pro- gram to efficiently handle the seven- phase, multi-year project covering more than 100 buildings in 65 locations. Loan fees and closing costs vary with each project. An application and underwriting fee is charged at the time of the application. A loan fee is charged at the time of closing. Closing costs can be paid out of loan funds. The program's staff engineer often works with project engineers and designers early in the design phase, long before the loan process begins. The engineer reviews project reports and other documents to find ways to save energy, often suggesting ideas or tech- nologies that may have been overlooked. In addition, public facilities may qualify for a free preliminary on-site energy audit to help make the decision whether to apply for a loan. If the results are positive, many facilities undergo a larger-scale, comprehen- sive energy study. The cost can be included in the loan. Loan officers are available to meet with potential borrowers before applying to help survey their facilities for energy projects and ensure a thorough and sound application is submitted. When we receive a loan applica- tion, we review the project's technical feasibility. We usually approve loans of up to $100,000 within two to three weeks. Larger loans usually take at least 60 days to approve and are re- viewed by the program's citizen advisory committee. OREGON BUSINESS ENERGY TAX CREDIT Applicants for the Energy Loan Program may also qualify for the Business Energy Tax Credit administered by the Oregon Office of Energy. 1'he Business Energy Tax Credit is available for Oregon businesses that invest in energy conservation, recycling, renewable energy 1_c50L1rcia Or lf'9S-1)0l11.tir1(1 ila(1 OrtuttOTl li::~\. I TIC 1%!X ::):'Oil is 'i• T011i ill 1 .....'11 oil .._~I11,,~ !1~:. v''!ice of ' i. .r ..Icl!'ion St. Ni. q al,,rt, OR 97310-M30 ~ =x i'Itirtr/'Fff: (503) 378-41040 !r ~G?.lxss •r 17111-free: (800) 221-8035 Fax: (503) 373-7806 Web site: wtisiv.cbs.state.or.us/external/ooe P i III 1 }S _ n,7 but d®n,t ®W What to d® about it? t may be because we feel powerless to solve the problem: We can't stop overnight our need to burn gasoline and other fossil fuels, the main source of gases that contribute to global warming. Or it may be because we're confused about the problem: The greenhouse gases we produce trap extra heat in the atmosphere. But scientists can't say exactly how these gases will affect the world or when their levels will reach a crisis point. However, experts from Oregon and around the world say there's one thing we know for sure: The balance of scientific evidence suggests that our use of coal, oil and natural gas for energy is already having an impact on the world's climate. The concentration of carbon dioxide - a key greenhouse gas - has increased 30 percent in the atmosphere since industrialization. The earth has warmed by more than 1 degree Fahrenheit over the last century. The nine warmest years in this century occurred in the 1980s and 1990s. And experts predict that we'll see a faster rate of climate change in the next 100 years than any experienced during the last 10,000 years. Such an increase in global temperature could lead to changes close to home. With climate change, Oregon could experience problems with: A rain and snow patterns A sea level rise A diminished water supplies A forest fires and pests A crop productivity A human health A ecosystems The Oregon we enjoy today could be a much different place in the future because of global warming. Changing how we use energy is a good way to help preserve the natural places that have long made Oregon unique. Inside this brochure, you'll find helpful tips to get started. Rainstorms and snowstorms could increase In severity, but less snow would build up in the mountains. Snowpocks might melt faster, increasing flooding. Less water would be available for recreation, irrigation, drinking and fish habitat. The concentration of pollutants in the water could increase during summer and fall. Oregon's crops and livestock could be affected by warmer temperatures, less water availability and drier soils. Some crops, such as wheat, might thrive in warmer temperatures while others, such as potatoes, could be harmed. Less water available for irrigation would harm agriculture. A rise In son level could threaten benches, sandy buffs and coastal wetlands. Coast towns could expedeuce rrore flsiodkrg, causing Iraeased damage to roads, buildings, bridges and water and sewer systems. aping energy wid t. ,stg it ista } ® e Swarming. ! nO be1Rg -Mere WltitA in your car. Using thp.te ts~s ~datl ~~i 4 Replace worn-out appliances, furnaces or machinery with energy-efficient models Energy-saving equipment cuts greenhouse gases - and energy bills. Woatherize buildings Insulating and sealing air leaks can reduce heating and cooling needs by up to 30 percent. Choose compact fluorescent lighting Replacing four frequently used standard bulbs means 275 pounds less carbon dioxith, each year. OUTDOORS P,T@serve frosts and plant trees Trees help slow global warming because they pull carbon dioxide from the air for growth. Gordon by hand rather than by motor Pollution from gas powered outdoor tools can add up - and they're noisy too. Shade rooftops and windows with troas As much as 40 percent of the unwanted heat that builds up inside comes in through windows. nA ON THE ROAD A warmer climate would change forests used to specific climate conditions. Different trees would flourish and grasslands might replace some forest land. Trees stressed by climatic changes would be more susceptible to pests, disease and fire damage. Industries that rely on forests could decline. Native species used to Oregon's climate could suffer if temperatures rise. Warmer streams and rivers would harm salmon and other native species and non-native species could replace them. The cultural practices of Oregon's tribes could be affected, as could the business and recreation practices of those who rely on the state's native species. Heat waves could increase, causing a rise in heat- related illnesses and deaths. Some scientific models show Oregon average temperatures could increase by 5 degrees is winter and 4 degrees in summer. Insects carrying tropical diseases such as malaria and dengue fever could spread into a warmer Oregon. Walk, ride a bike, carpool and take mass transit whenever possible Every mile biked instead of driven keeps about 1 pound of carbon dioxide out of the air. Replace your aging car with a fuel-efficient model A vehicle that gets 30 rather than 25 miles to the gallon saves about a ton of carbon dioxide per year. Telecommute Working at home one day a week would save somm- of the 1.5 billion gallons o f gas Oregonians burn a year in vehicles. IN THE RUBBISH Select food and other goods for their recyclable, reusable or minimal packaging Packaging is the number one component of the nation's waste stream. Recycle everything possible Recycling a soda can into a new one, for example, takes only 5 percent of the energy needed to make a new one. Uss rocycied goods Choosing recycled paper over virgin stock saves energy and trees. June 1999 Oregon Office of Energy programs make it easier to keep greenhouse gases out of the air. The office offers tax credits and long-term loans for eligible energy-saving projects. Residential Energy Tax Credit Tax credits for.. e Premium-efficiency appliances and duct systems s Alternative fuel vehicles and charging/fueling systems ♦ Solar water heating, space heating and photovoltaic systems a Geothermal systems Business Energy Tax Credit Tax credits for.. . • Improving energy efficiency ® Weatherizing rental housing s Recycling Using renewable energy resources s Burning less-polluting transportation fuels ♦ Reducing employee commuting Energy Lawn Program Long-term loans for projects that... ® Conserve energy ♦ Produce energy from renewable resources A Use recycled materials to create products For more information about these programs or global warming, contact: Oregon Office of Energy 625 Marion St. NE, Suite 1 Salem, OR 97301-3742 Phonef TY: (503) 378-4040 Toll-free in Oregon: (800) 221-8035 Pax: (503) 373.7806 Web site: http:l/www.cbs.state.or.uslextemal/ooe E-mail: energy.in.internet@state.or.us Funded in part through US Environmental Protection Agency co npraove no rom-nr rY 82-4610-011-0, staianerds nuiy not reflect EPA views. b P RT ENT Saving ENERGY" but don't know what to d® about it? t may be because we feel powerless to solve the problem: We can't stop s vernight our need to burn gasoline and other fossil fuels, the main ource of gases that contribute to global warming. Or it may be because we're confused about the problem: The greenhouse gases we produce trap extra heat in the atmosphere. But scientists can't say exactly how these gases will affect the world or when their levels will reach a crisis point. However, experts from Oregon and around the world say there's one thing we know for sure: The balance of scientific evidence suggests that our use of coal, oil and natural gas for energy is already having an impact on the world's climate. The Oregon we enjoy today could be a much different place in the future because of global war.;,ing. C;;iauging huw we use energy is a good way to help preserve the natural places that have long made Oregon unique. Inside this brochure, you'll find helpful tips to get started. OREGON OFFICE OF ENERGY Wltats New k 2000? Oregon Residential Energy Tax Credit :ate cold showers by helping your water heater meet hot water needs. Wastewater heat recovery systems on the Oregon Office of Energy qualify- ing equipment list are eligible for a tax credit of $80 to $120 depending on energy savings, not to exceed 25 percent of the cost. You need at least 4 feet of vertical drain pipe troth the shower or on the main water drain. You can install the systen: vOUrselfor hire a plumber. Some installation costs are eligible. Testing and Servicing Heat Pumps and Central Air-Conditioning You can produce elecnriciry with a wind system and get a tax credit of 60(,, per estimated kWh saved during the first year, up to $ 1,500. Qualify- ing costs include wind measuring equipment, turbines, towers, associated components, engi- neering costs, utility interconnection equipment and installation. You will need wind information for your location and calculations showing how much energy you expect to produce. The wind system must meet at least 10 percent of the total energy requirements of the home. Wastewater Heat Recovery Systems that capture waste heat from show- ers (and other hot water uses to preheat water for the shower or water heater can cut energy use for water heating by 8 percent to 12 percent. They also can elimi- Systems You can get a tax credit for testing heat pump and central air-condi- tioning systems and servicing them for optimal perfor- mance if the con- tractor is certified by the Oregon Office of Energy to perform the work. The tax credit is 25 percent of eligible costs. The maxi- mum allowable tax credit is $250. You can get this tax credit only if the duct system has been tested and sealed by a certified contractor. Duct testing and sealing also is eligible for a 25-percent tax credit, up to $250. Note: This portion of the tax credit program is under developincnt. Call the Office of Energy to find out when contractors will be certified to perform testing and servicing. Wind Systems Alternative Fuel Vehicles and Fueling/charging Systems Fuel cells work like batteries but run on fuel, almost any kind. They take hydrogen from the fuel and combine it with oxygen, snaking an electric current in the process. Because they don't burn the fuel and are super-efficient, the only byproducts are water, heat and a little CO,. You can install a fuel cell system to make electricity and heat your home and water - and get a tax credit of 60¢ per estimated kWh saved during the first year, up to $1,500. To be eligible for the tax credit, the fuel cell system must have a minimum rated stack capacity of 0.5 kilowatts and a maxi- mum rated system capacity of 10 kilowatts. The Bonneville Power Administration and Northwest utilities are testing fuel cells sized for homes. Residential fuel cells are expected to be on the market within the year. Solar Electric AC Modules Solar electric alternating current (AC) modules are now eligible for the tax credit. They include an inverter that converts direct current to alternating current - what household appliances run on. Some of the modules also include a system to store the electricity for use when the sun isn't shining. Common uses for the modules include outdoor lighting, ventilation fans, operating gates, and charging batteries and electric fences. The tax credit for solar electric AC modules on the Office of Energy qualifying equipment list is $2 per peak Watt or 25 percent of the net purchase price, whichever is less, not to exceed $1,000. Some dealers and lenders may now offer a "pass- through" tax credit payment at the time you purchase the alternative fuel vehicle or fueling/ charging system. Ask your dealer or lender, or call the Oregon Office of Energy for more informa- tion. For More Information Office of Energy staff will be happy to answer your questions about the Oregon Residential Energy Tax Credit and qualifying equipment. Or visit our Web site for more information. OREGON OFFICE OF ENERGY 625 Marion St. NE, Suite 1 Salem, OR 97301-3742 Telephone/TTY: (503) 378-4040 Toll-free: 1-800-221-8035 Web site: www.energy.state.or.us AITI~ ME) January 2000 Fuel Cells W AGENDA ITEM # `"1 FOR AGENDA OF March 21, 2000 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Laurie Nicholson DEPT HEAD OK ~~&efMGROK 04 ISSUE BEFORE THE COUNCIL Washington County has been in the process of developing a plan for development concepts in the Durham Rock Quarry. The County has developed this conceptual plan in cooperation with the Cities of Tigard, Durham and Tualatin. The concept is to develop the former rock quarry into a mixed-use development of residential, office professional, and commercial land uses. Washington County representative Larry Eisenberg, Washington County Facilities Manager, will update the Council on the process of selling and developing the Durham Rock Quarry. STAFF RECOMMENDATION This item is currently informational and, therefore, staff currently does not have a recommendation INFORMATION SUMMARY The Durham Rock Quarry is a 29.59-acre site located on SW 72nd Avenue, across from Tualatin Park & Ride, as well as Border's Bookstore. Washington County currently owns the site, which is currently undeveloped and includes 22.43 acres within the City of Tualatin and 7.16 located within the City of Tigard. The portion of the site located within the City of Tigard is zoned Industrial Professional. The Durham Rock Quarry currently does not operate and the County plans to sell the land to developers; however, they wanted a development plan for the property before it is to be sold or leased. The County hired Group Mackenzie to develop a conceptual plan for the property and to negotiate with the jurisdictions an agreement regarding how the property will be developed, since this property presents a unique development opportunity for all the jurisdictions involved. The development plan will address land uses, street improvements, and permitting issues. One primary outcome of this planning effort is to develop an intergovernmental agreement between Washington County, Tigard, Durham, and Tualatin that will address planning and permitting responsibilities. IJ The County is in the process of developing a Request for Proposal (RFP) for developers to respond to. Staff from both Tigard and Tualatin have made comments on the draft RFP. After the Washington County attorney reviews the RFP, staff from Tigard and Tualatin will have another opportunity to review the RFP. They expect the RFP to be sent out the end of March or the beginning of April. The RFP would select a development team interested in a lease/lease option on the property. The County plans to give 3 months for a development to respond to the RFP. The Cities of Tigard and Tualatin have been in the process of developing an Intergovernmental Agreement (IGA) that both City Councils will eventually sign. The Cities have reviewed drafts of an IGA and made comments on it. The Washington County attorneys are now reviewing the draft IGA. OTHER ALTERNATIVES CONSIDERED Not Applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth & Growth Management Goal #1: Accommodate growth while protecting the character and livability of new and established areas. FISCAL NOTES Not Applicable i s\cirywide\3-21-00-Durha-nPit.sum MEMORANDUM CITY OF TIGARD, OREGON Agenda Item No. TO: Honorable Mayor & City Council Meeting of (~d FROM: Cathy Wheatley, City Recorder DATE: March 17, 2000 SUBJECT: Agenda Item No. 5 - 3/21/00 - Personnel Policies Discussion Attached is the following information for your review with regard to Agenda No. 5 in the March 21, 2000 Council packet: ❖ A March 16 memorandum from Sandy Zodrow regarding Personnel Policies 57.0 and 58.0 ❖ A March 16 memorandum from Ed Wegner regarding Smokeless Tobacco. ❖ A March 16 memorandum from Mike Mills regarding Proposed Policy to Prohibit Smokeless Tobacco. ❖ A March 17 memorandum from Ron Goodpaster regarding the Tobacco Issue The March 17, 2000, agenda was revised to show this discussion topic as continued from the March 14, 2000, City Council meeting. If you need additional information, please let me know. March 16, 2000 TO: City of Tigard City Council Jvov FROM: Sandy Zodrow, Human Resources Direct IEPP RE: Personnel Policies - Article 57.0 Use of City Owned Vehicies Article 58.0 Smoke Free Work Environment At your March 14th meeting, the City Council adopted the proposed updated Personnel Polices with the exception of Articles 57.0 and 58.0. These two articles were pulled for further consideration at your March 21 st meeting. The issue before the Council is an objection by Mike Mills, OPEU President, to the proposed prohibition of smokeless tobacco in City facilities or vehicles. Council has asked that Article 57.0 be rewritten to clarify the rationale for this proposal. The inclusion of the reference to smokeless tobacco into the updated City-wide Personnel Policies, Article 58.0, Smoke Free Work Environment, was made because: 1) The City of Tigard has two departments whose current practice is to prohibit the use of smokeless tobacco: a) the Police Department, and b) the Public Works Department. Both departments initiated this action because of complaints from other City employees, and/or issues with the care and cleanliness of City equipment. Therefore adopting this policy would be consistent with the practices already in place in two of the City's largest departments. 2) Smokeless tobacco is a health issue in that more nicotine per dose is absorbed from smokeless tobacco than from cigarettes, according to the National Cancer Institute. Health risks include oral/tooth/gum diseases including oral cancer, coronary artery disease, aneurysms, hypertension, blood clots and strokes. The City of Tigard presents various wellness activities for employees in the workplace including brown bag information sessions, health screenings at the annual Employee Benefit and Wellness Fair, and the distribution of a monthly wellness newsletter. The adoption of this policy is an additional effort to address the effect of smokeless tobacco on employees' health. 3) Health care costs to the City of Tigard may be reduced through proactive policies regarding the use of tobacco products in the workplace. Other Cities in the metropolitan area have implemented policies against smok,Jess tobacco including the Cities of Beaverton, Wilsonville and Oregon City. Multnomah County recently adopted a Smoke Free Workplace policy in December, 1999 also prohibiting the use of smokeless tobacco. These personnel policies were reviewed and discussed by the Executive Staff which includes all of the Department Heads and the City Manager. The Executive Staff felt this policy was appropriate. When OPEU President Mike Mills forwarded an objection to the smokeless tobacco provision, I brought this issue back to the Executive Staff for their reconsideration. The Department Directors again reiterated that they wished to include this reference in the Smoke Free Work Environment article. Pursuant to Council's request, I have included revised Article 58.0 language (attached) to address the rationale for this provision. Please let me know if I can answer any further questions or provide Council with any additional language. Thank you for your consideration. PERSONNEL POLICIES Personnel Policies 57.0 and 58.0 removed from No. 57.0 consideration by Council on 3/14/00, when Resolution No. 00-08 s was aopted. ePolicies 57.0 a later and 58.0 will be disc date. USE OF CITY OWNED VEHICLES: Cathy Wheatley, 3/15/00 In the event a work assignment requires the use of a City owned vehicle, the employee is required to be qualified and possess the appropriate class of license for the type of vehicle used. The employee shall immediately report any limitation on his/her ability to safely operate the vehicle or any change in his/her licensing status to the employee's supervisor or department director. Failure to report may result in disciplinary action up to and including termination. City vehicles are to be used only in the performance of official City business; however, personnel whose work assignment is primarily in the field may utilize their assigned City vehicle during meal and rest periods for personal business as approved by the employee's supervisor. Employees doing so must conduct themselves in a manner which does not bring discredit upon the City or incur additional costs for fuel or vehicle maintenance. The following additional guidelines for the use of a City owned vehicle shall apply: Y Any out-of-pocket expenses such as fuel, emergency repairs, parking or tolls shall be reimbursed upon presentation of receipts; e No reimbursement will be made for parking fines or any other charge levied for violation of a motor vehicle law; Family members or other non-City employees shall not be transported in City vehicles except as specifically authorized by the Department Head or consistent with department policy or in cases in which the City vehicle is permanently assigned to the employee as a provision of an employment contract; Temporary employees, contractors or volunteers are prohibited from driving a City vehicle without the specific authorization of the department director, verification of appropriate motor vehicle license and approval by the Risk Manager; There shall be no smoking or use of smokeless tobacco products in any City vehicle. 60 PERSONNEL POLICIES No. 58.0 SMOKE FREE WORK ENVIRONMENT The City seeks to promote a safe, healthy and pleasant work environment for all employees and the public. In response to increasing evidence showing that tobacco use creates a health hazard, the use of tobacco products will be prohibited in all city facilities, including city-owned buildings, vehicles, individual employee offices, and offices or other facilities rented or leased by the City. This policy rovers the smoking of any tobacco products and the use of smokeless tobacco. Signs will be posted in designated locations outside of the buildings. Visitors to any of the City's facilities will be requested to comply with the City's efforts to maintain this policy. t MEMORANDUM TO: Bill Monahan FROM: Ed Wegner RE: Smokeless Tobacco DATE: March 16, 2000 I cannot remember everything I said about this subject to the Council last Tuesday. Here are some of the points I remember: 1. The Public Works Department does have a department policy on non-smoking in vehicles. 2. Public Works Department does not assign vehicles - employees might be in and out of different vehicles many times depending on the work assigned. 3. We did have problems with employees who "chewed" in vehicles, however, those employees no longer work for the City. 4. Sanitary and health concerns occurred from chewing: The chew waste was sprayed into the microphones of radios inside vehicles and hand held radios. o The chew waste was spit into cans or bottles that were being left in vehicles. Employees spit the waste, which dripped down the outside doors and became unsightly. t Memorandum Date: March 16, 2000 To: Honorable Mayor and City Council Members of Tigard From: Michael Mills, OPEU Local 199 PresidentA61- CC: Bill Monahan, City Manager Sandy Zodrow, Human Resources Director Subject: Proposed Policy to Prohibit Smokeless Tobacco The Union feels it is unreasonable to prohibit smokeless tobacco, and especially as a casual addition to rules providing a smoke free work environment. Smokeless tobacco is being used by some employees as a way to comply with the smoke free workplace rules. It doesn't seem fair to also take that away. Smokers are allowed to step outside and smoke in designated locations, what accommodations are being made for smokeless tobacco users? Since using this product has nothing to do with a clean-air environment, it appears to be an attack on personal rights. If the problem is finding bits of tobacco in the shared vehicles, on radios, or telephones, then it is spitting that should be prohibited. It is just as objectionable finding sunflower seed shells, strios of chicken picked out of someone's teeth after lunch, pieces of donuts, or any other substance that people could drop or spit out of their mouth. The City has singled out one substance only and without justification. What is the real problem this rule is trying to address? A rule that infringes on the rights of 5-10 % of the employees of the City should have good justification and we have seen none. Taking away smoker's rights is justified by evidence that smoke creates a health hazard for other persons exposed to the smoke, but there is no evidence that smokeless tobacco is harmful to the environment or anyone else except the user. In other cities has this rule been challenged before? If an employee was unable to comply with this rule and was disciplined or eventually terminated, would the City be able to defend its position in a union grievance or a wrongful dismissal lawsuit? The Union recognizes the need for fair and effective rules and standard operating procedures, but we think the work environment should not be oppressive. Thank you for allowing this issue to be fully discussed in the spirit of teamwork and cooperation. CITY F TIGARD OREGON TO: Bill Monahan, City Manager FROM: Ron Goodpaster, Police Chief DATE: March 17, 2000 SUBJECT: Tobacco Issue Due to employee complaints, health concerns and for sanitary reasons we prohibited smoking and using chewing tobacco in all City vehicles in 1996. I feel it is beneficial to have a City rule regarding these type of issues because then each of the departments do not have to go through the disruption of addressing them. It also makes it easier for employees to have to refer to only 2 sources, their contract and the City rules, rather than also having to review their own department manuals for conduct standards. It also makes the rules more consistent throughout the City. H co N H a W a 13125 SW Hall Blvd., Tigard, OR 97223 (503-) 63`!-417 1 TODD (5U) 684-2772 CI, lsS2c Jls w<~h G~,~nc,; i March 15, 201)0 Gtr-- 3 /a 10 0 ift , frw-10-M l eA-,4 Kable Street Neighborhood c/o Mark Lasswell 10430 SW Kable Street Tigard, Oregon 97223 Dear Mr. Lasswell: WY OF 71GARD OREGON This is in response to the Kable Street Neighborhood's letter of February 27, 2000 expressing concern about the projected increase in traffic after completion of the Erickson Heights Subdivision and connection of Kable Street to Royalty Parkway. You requested installation of speed humps and streetlights to enhance safety in that area. Resolving safety issues Citywide is a high priority with us, and we appreciate the concerns that you have shared with us. The following is our response to those requests: Speed Humps: The developer is required in the conditions of approval to install speed humps on both the new and existing segments of Kable Street. We have reviewed their plan for speed hump installation, and will assist them in the exact placement of these humps along the street. Our typical procedure for subdivision streets is to allow the developer to initially place the first lift of pavement, then enter into a year-long maintenance period before placing the second lift. This ensures that any problems with utilities that arise during that year will be corrected before the final lift of pavement goes on. In this subdivision project, the developer is the homebuilder. It is their intention to limit the traffic within the subdivision to construction traffic during the homebuilding period prior to placement of the second lift of pavement. The developer will install barricades separating the new and existing segments of Kable Street until the second lift of pavement is placed and the speed humps are installed. Construction traffic will be accessing the subdivision from Royalty Parkway. This should allay your concerns about Kable Street opening up without speed humps installed. Streetlights: Enclosed is our current policy on installation of streetlights. Please note that the policy on existing neighborhoods with no lights installed requires that the neighborhoods bear all costs for installation of the lights in accordance with City standards. The City would assume the costs of maintenance and energy after the poles and streetlights are dedicated to the City. The policy is clear. However, because of the extenuating circumstances, we are giving your request serious consideration and will respond more definitively later after we have had a chance to discuss it with staff and City Council. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-417 i IDD (503) 684-2772 e Regarding the sidewalk installation, there will be ample opportunity to comment on the sidewalk plan. The developer's engineer has submitted a plan to us for review showing the sidewalk installation in front of each residence. The developer has prepared a detailed plan for' each lot and intends to meet with the homeowners on a one-on--one basis to discuss the details of sidewalk installation and utility adjustments in front of each house. They should be contacting the homeowners within the next two to three weeks to set-up appointments for these individual consultations. If you have any questions on this matter, please do not hesitate to contact me. Sincerely, kCiEtreperf DUENAS, P.E. Enclosure c : William A. Monahan, City Manager Vannie T. Nguyen, Engineering Manager Brian Rager, Development Review Engineer Michael Mills, Senior Engineering Technician Mike White, Engineering Technician H L to Rcq%wa Sw Kabk Saw Safety PwAvAns Letter to Kable Street Neighborhood Page 2 of 2 New Streetlight Installation Program City of Tigard Current Streetlight Policy The City has had a long-standing policy that developers are responsible for all costs related to the impact of their development. In new residential development, the developer is responsible for the cost of installing poles and luminaires to serve the area developed. In addition, the developer also pays for the cost of maintenance and energy for a two year period. Neighborhoods that do not have streetlights can collectively request, by petition, that the City request PGE to install a complete lighting system to City standards. The capital cost of the poles and luminaires must be borne by the neighborhood. The City will assume the costs of maintenance and energy, but the poles and lights must be dedicated to the City prior to the City's assumption of those costs. In neighborhoods that had streetlights installed under past developments, the City may evaluate the need for additional streetlights that may be desirable to bring the neighborhood to. current standards or to light certain unlit areas within those neighborhoods.. Installation of-*additional lights in these neighborhoods would be at the City's .discretion and would be considered in conjunction with the priorities for correcting deficiencies in.corridor lighting along.arterials and collector roads. In all cases, streetlights that are to be accepted by the City must meet City, standards and specifications. City standards are based on current PGE standards for streetlight--installation, repair and stockage of replacement parts. This includes any streetlights installed by private individuals requesting City acceptance for maintenance and. payment of energy consumption. These lights will be.evaluated on an individual basis for proper placement to serve a public purpose prior to acceptance. Lights that do not serve a public purpose but instead are for the benefit of a private property owner will not be accepted by the City. In summary, the City, is responsible for the cost of energizing the City streetlighting system.. Any additions to the system will be accepted only if the City assumes ownership for the poles and luminaires. Streetlight systems or individual lights must meet City standards and must be properly located to serve a public purpose. Responsibility for the cost of the poles and luminaires rests with the developer, or, in the case of existing neighborhoods which request new lights, with property owners. Where streetlights exist in a neighborhood as part of the City system, the City may consider adding new lights to upgrade the system to City standards, funds permitting. The capital cost would be paid by the City in addition to maintenance and energy costs. Installation of New Streetlights The City will assume responsibility for installation of additional lights-and for,mainte L d 1•, W" M energy costs on arterials and collectors:'Additional lights may be placed at the `City s drscren in neighborhoods where City streetlight systems already exist. The oruer of p`noaity and critei:'a - :..1:t-` for installation of lighting on th@se streets are as follows" 1. Major Collectors and Arterials • . • Traffic Safety Correction of Deficiencies at Intersections -Correction-of Deficiencies along- Arterials' 'Correction of Deficiencies'along Major Collectors • -Security and Crime Prevention 2. Minor Collectors o 'Traffi6rwety ' Cdrreetian of Deficiencies 911ntersections Correction of Deficiencies along Minor Collectors • Security and Crime Prevention 3. Local Streets • Local Streets that need, additional lighting. Traffic, Safety (Removsl'iof dark pockets; ' or upgrading <to ,meet currdtit .City standards) i Security and Crime Prevention Note: (City will pay'for capital costs,' funds permitting, and upon completion will assume maintenance and energy costs.) • Local Streets that have no lighting City will request PGE to install lighting; but only iipon petition by at -least half df the residents in the area. The cost for the material and installation 'must be'-bome 'by the residents. The City will assume maintenance and energy - costs after the lighting is completed and the poles and luminaires are dedicated to the City. February 27, 2000 Mr. Gus Duenas, PE City Engineer City of Tigard 13125 Hall Blvd Tigard, OR 97224 Dear Mr. Duenas Subject: Request for Kable Street Safety Provisions The Erickson Heights Subdivision is now under construction and it is more apparent than ever to our neighborhood, that the increased traffic from this development and the through traffic from the Kable Street connection will create some very real safety hazards. Hazards we believe can be.mitigated by including measures the City has required-or installed in other Tigard Streets. This letter represents a formal request from our neighborhood to install the. measures described below, before the subdivision is finished and :lCaE le. St;;;~ x connected. We know the City gives street safety a high priority . an" 'are oon.r ent you will give these requests serious consideration. As a brief background. the traffic on existing Kable St. is projected to,i' _ r; •e f 1 1000 vehicles per day (VPD), to a total of 1300 VPD when cone ..d..., the multiple hearings regarding this subdivision numerous concern s"'.., ~e• . by residents and staff regarding street safety at these high traffic 1eV®Is °'Ttte <<' . high traffic levels , coupled with an existing straight street, blind uphrl! driverr~is; a steep new street grade from the west, only one sidewalk ( requin:d as p~aitof the subdivision) and no street lights, presents real hazards to both vehicles and pedestrians. Hazards the City has chosen to solve in other areas and we hope will solve here, before a serious injury or fatality occurs. REQUESTED SAFETY MEASURES: 1 Install Speed'Humos on Existing Kable Street: Existing Kable St: is a 1700 ft straight section from 100 to the new Kable St connection. The new Kable St from the west will enter the existing street from a 15% downgrade. These conditions will promote vehicle speeds far in excess of safe levels, which already occurs far too often now. It is apparent from the City's installation of speed humps on Summerfield Dr., Benchview Dr. and others, that this is an accepted method to control traffic speed. We request speed humps be installed at the 300-350 foot interval recommended by traffic control standards, beginning approximately 100 ft from the west end of Kable ! A rN :,e r „a klornpQ in this section of Kable St. Jl. kiverall this would requI -.-a ^al,Su.+ , u...r..+ 2 Install Street Lights: As stated previously, existing Rabb S± has no street lights and with most houses distant from the street, the street area is very dark at night. Street lights are a requirement for all new streets and will exist on both ends of the old Kable St. section. With the increased vehicle and pedestrian traffic ( some of which will likely still walk in the street) and the long straight street, the extremely dark night time conditions presents a safety hazard. We request the City install street lights the full length of existing Kable St. as part of the new sidewalk construction required by the City. This would be an easy, lower cost way of installation and will bring our street section closer to the safety requirements of the City code and adjoining developments. We recognize that the above requests will require an investment by the City. But considering tha City's emphasis on street safety and your track record for similar investments in other areas, we believe these investments are c;early reasonable and more than justified considering the real safety hazards that will exist in our neighborhood. It should also be less expensive to install these safety measures than the City spent to install storm drains on Hoodview St. We appreciate your serious consideration of our requests and ask for only one more consideration, the courtesy' of communication. When we requested the' new sidewalk construction be delayed in June 1999 ( which we appreciated very much) we were told by the City we would be kept up to date on the status of the sidewalk design and have an opportunity for review. Since we haven't heard anything regatding the sidewalk status we are assuming the opportunity for comment still exists. In January, your inspector told us we would be contacted by the City arborist to tell us the right methods to safely relocate landscape plants that are in the way of the new sidewalk. We are looking forward to this contact.. We are ready to explain any element of our request to you , your staff or the Council. Please contact one of our representatives, Mark Lasswell (503-639- 3914) or Debbie Eckhart (503-624-9432). We would also appreciate a formal response to our request as soon as possible. Thank you for your consideration. Respectfully Submitted; Kable Street Neighborhood Cc: Mr. Brian Moore