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City Council Packet - 10/08/2002 Orl' ? i11219 CITY OF TIG D OREGON TIGARD CITY COUNCIL MEETING OCTOBER 89 2002 COUNCIL MEETING WILL BE TELEVISED H:UEAN NIEkDDCS%CCPKT1 13125 SW Nall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~cl~r~~~~~gqcrrl~r, couNCII,~. y4Y' i F i ~I;IG,~i I INVi t t ii 1 f 1 t C ' 7..v ~ { I. :;m. CITY OF TIGARD } `October;8, 2002 F ' 6:'30:0 1 s OREGON ,r f : 'I'IGAI~-CITY' WALL { , ` x13125 S1N hIALL BLVD,; TIGARD, OIt 97223 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 agenda 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 mm. 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 503-639-4171, Ext. 309 (voice) or 503-684-2772 (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. Pleas notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - October 8, 2002 page 1 AGENDA TIGARD CITY COUNCIL MEETING October 8, 2002 6:30 PM • STUDY SESSION ➢ DEMONSTRATIONS: 1. Automated External Defibrillation Devices 2. Tasers ➢ DISCUSS DECEMBER MEETING SCHEDULE • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 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 8z Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAIM OCTOBER TO BE FILIPINO-AMERICAN HISTORY MONTH Mayor Griffith 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) • Tigard High School Student Envoy 7:45 PM 4. 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: 4.1 Approve Council Minutes for September 17 and 24, 2002 4.2 Receive and File: a. Council Calendar b. Tentative Agenda COUNCIL AGENDA - October 8, 2002 page 2 4.3 Local Contract Review Board: Award Professional Services Contract for Labor Attorney Services to Bullard, Smith, ]ernstedt and Wilson and Authorize the City Manager to Sign the Contract 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. 7:50 PM 5. UPDATE ON THE NEW LIBRARY a. Staff Report: Library Staff b. Council Discussion 8:00 PM 6. UPDATE ON WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICE LOCAL OPTION LEVY a. Staff Report: Library Staff b. Council Discussion 8:10 PM 7. PUBLIC HEARING - 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT a. Open Public Hearing b. Staff Report: Police Department Staff C. Public Testimony d. Council Discussion e. Staff Recommendation f. Close Public Hearing g. Council Consideration: Motion to accept the grant and authorize expenditure of grant funds for the proposed uses as listed by staff in the Council Agenda Item Summary. 8:20 PM 8. COUNCIL LIAISON REPORTS 8:30 PM 9. NON AGENDA ITEMS COUNCIL AGENDA - October 8, 2002 page 3 8:40 PM 10. EXECUTIVE SESSION: The Tigard City Council may go Into Executive Session. If an Executive Session Is called to order, the appropriate ORS citation will be "0 announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:50 PM 11. ADJOURNMENT MA D WCATFMC CA1021008. D OC COUNCIL AGENDA - October 8, 2002 page 4 AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW October 8, 2002 The Study Session Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages Interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capadty of the Conference Room, the Councl may move the Study Session to the Town Hall • Study Session DISCUSS DECEMBER MEETING SCHEDULE ➢ ADMINISTRATIVE ITEMS o Board and Committee Interviews - Participation or Presence of Chair o Discuss and follow up the October 7, 2002 Meeting with city of Tualatin Council and Tigard-Tualatin School District Board o Oregon Association of Municipal Recorders Conference Report by City Recorder 7PM ➢ DEMONSTRATIONS: o Automated External Defibrillation Devices o Tasers • Executive Session The Tigard City Council may go Into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced ldentifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public L Executive Session - The Public Meetings Law authorizes governing bodies to meet In execrative session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (1) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded In this Instance.) 192.660 (1) (e) - Real property transaction negotiations. 192.660 (1) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically Identified In the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.669 (1) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used In evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) Public Investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation. of public Investments. 192.660 (1) (k)- Relates to health professional regulatory board. I:V1DfMCATHY\000NCIL\CCLIST\020924.DOC Agenda Item No. Meeting of 10, aQ • 0 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING October 8, 2002 Mayor Griffith called the meeting to order at 6:30 p.m. Council Present: Mayor Griffith, Councilors Dirksen, Moore, and Scheckla • STUDY SESSION ➢ Measure 7 Ruling - Mayor Griffith asked about what the next step might be now that Measure 7 has been declared unconstitutional by the Oregon Supreme Court. After discussion, consensus was to check with the League of Oregon Cities (LOC) about their legislative agenda. More information should be available at the LOC conference in November. ➢ December Meeting Schedule - After discussion it was determined that the December 24 regular Council meeting will be cancelled. The December 17 meeting, which is the designated workshop meeting for December, will also have some business items on the agenda. Staff will arrange to telecast the meeting and if a live airing cannot be accommodated, a tape for delayed airing will be arranged. The December 17 agenda will include the latest information about the status of the street maintenance fee and a follow-up report from the Transportation Financing and Strategies Task Force. Mayor noted Mr. McAdams' interest in this topic and requested that Mr. McAdams be notified of Task Force Meetings that include the street maintenance fee on the agenda. ➢ Board and Committee Interviews - Participation or Presence of Chair - After discussion on whether the chair of a board or committee should be present or participate in the interview process for board/committee applicants, Council consensus was to keep the process as is: The chair may submit questions that may be asked by the Mayor or the Councilor conducting the interviews. The staff liaison to the board or committee will continue to be present to serve as a resource to the Mayor or Councilor if they have questions. There was discussion on the regulations limiting membership on the Planning Commission to only two members of any one profession. Different situations such as practicing/not practicing attorneys or engineers from different disciplines were discussed. Consensus of council was to decide the eligibility of a potential Commission member on a case-by-case basis. Tigard City Council Meeting Minutes - October 8, 2002 Page 1 ➢ Paid Parking at Football Games - Councilor Scheckla advised that in the past few days he has received a number of telephone calls from people complaining about being charged for parking during hlea school football games. These paid parking spots are located along 92n1 Avenue, adjacent to the high school. Chief Ron Goodpaster advised he had been contacted by Dave Nicoll who belongs to the citizen group that organized the installation of the artificial turf on the football field. Mr. Nicoll indicated this group wanted to charge for parking and the Chief had advised he had some concerns about doing this. Mr. Goodpaster said he had been told by the Engineering Department that these parking spaces are on school property. The Chief advised he would contact School District officials to note the City's concerns about charging for these parking spaces. > DEMONSTRATIONS: 1. Tasers Chief Goodpaster introduced Sgt. Jim deSullly who demonstrated the effectiveness of the taser on a target. The taser is used as a tool to immobilize, in a non-lethal manner, persons who are a threat to citizens or officers. 2. Automated External Defibrillation Devices (AED) Chief Goodpaster introduced Mr. John Petterson of Medtronic who demonstrated how to use an AED. AEDs are used for life-saving early defibrillation to improve the odds of citizens struck down by sudden cardiac arrest. Later in the agenda, Council conducted a public hearing on whether to accept a 2002 local law enforcement grant. A portion of the proceeds from this grant are for the purchase of five defibrillators for use at city facilities and in the field. • EXECUTIVE SESSION: Not held. 1. BUSINESS MEETING 1.1 Mayor Griffith called City Council 81 Local Contract Review Board to order at 7:35 p.m. 1.2 Roll Call: Mayor Griffith and Councilors Dirksen, Moore, and Scheckla were present. 1.3 Pledge of Allegiance 1.4 Council Communications 8i Liaison Reports: None. 1.5 Call to Council and Staff for Non-Agenda Items: None. Tigard City Council Meeting Minutes -October B, 2002 Page 2 MJ 2. PROCLAIM OCTOBER TO BE FILIPINO-AMERICAN HISTORY MONTH • Mayor Griffith advised that the Filipino-American National Historical Society is observing the 4151 anniversary of the first Filipino presence In the Continental United States. This proclamation seeks to recognize this monumental anniversary and the positive contributions Filipino-Americans have made to their respective communities. Council concurred that the City of Tigard should declare October 2002 as Filipino-American History Month. 3. VISITOR'S AGENDA Tigard High School Student Envoy Paul Brems advised Council of activities at Tigard High School. A copy of the highlights for October were distributed to the City Council and is on file in the City Recorder's office. 4. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor Scheckla to approve the Consent Agenda as follows: 4.1 Approve Council Minutes for September 17 and 24, 2002 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Local Contract Review Board: Award Professional Services Contract for Labor Attorney Services to Bullard, Smith, Jernstedt and Wilson and Authorize the City Manager to Sign the Contract The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Scheckla - Yes 5. UPDATE ON THE NEW LIBRARY Library Director Margaret Barnes updated the Council about the new library. Her remarks are highlighted in a PowerPoint presentation, which is on file in the City Recorder's office. A community meeting is scheduled on Wednesday, October 16, 7 p.m., in the Tigard Town Hall. This will be an opportunity for citizens to meet the architects and share ideas about interior design features. Tigard City Council Meeting Minutes - October 8, 2002 Page 3 In response to a question from Mayor Griffith, City Manager Monahan advised Council on the status of the two homes on the library-site property. The southern- most home on the property will be removed. Staff is still exploring the potential uses for the small white house. 6. UPDATE ON WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICE LOCAL OPTION LEVY Library Director Margaret Barnes provided Council with information on the proposed countywide local option library levy that will be on the November ballot. A copy of her PowerPoint Presentation is on file with the City Recorder. The Tigard Public Library, along with public libraries throughout Washington County are experiencing significant increases in use. The five-year levy has a fixed rate of $.26 per $1000 of assessed value. If approved, owners of a home assessed at $158,000 would pay $41 in additional property taxes. The Tigard library receives about 60 percent of its operating dollars from these county funds. Councilor Moore commented on the importance of the proposed levy for operation of the Tigard library where it is presently located and to fund operations at the new facility. 7. PUBLIC HEARING - 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT a. Mayor Griffith opened the public hearing. b. Police Chief Ron Goodpaster presented the staff report, which is on file in the City Recorder's office. This is a Department of Justice Law Enforcement Grant for $24,361, which requires a 10 percent match of $2,707. The Chief reviewed the process, which includes a review by a citizens advisory committee, for selecting how the funds from the grant will be spent. Projects for this grant include: purchase of five automated external defibrillators, a high school driver training program, computer software for use in the Oregon Law Enforcement Data System, recognition programs for students at Tigard middle schools, funds for the Community Partners for Affordable Housing after-school program, and a laptop computer for the Municipal Court. C. Public Testimony: None. d. Staff recommended that the Council accept the grant and authorize the expenditure of funds. e. Mayor Griffith closed the public hearing. Tigard City Council Meeting Minutes - October 8, 2002 Page 4 f Motion by Councilor Moore, seconded by Councilor Dlrksen, to accept the grant and authorize expenditure of grant funds for the proposed uses as listed by staff in the Council Agenda Item Summary. 8. COUNCIL LIAISON REPORTS: None. 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: None. 11. ADJOURNMENT: 8:10 p.m. Attest: erine Wheatley, City Recorder ay r, agar ate: ~Iec? 1Da I: ADMACATHV\CCK021008.DOC Tigard City Council Meeting Minutes - October 8, 2002 Page 5 Agenda Item No. 3, ) Meeting of I l- i a• v a MINUTES TUALATIN CITY COUNCIL/TIGARD CITY COUNCIL/ TIGARD-TUALATIN SCHOOL DISTRICT BOARD MEETING OCTOBER 7, 2002 PRESENT: Tualatin Mayor Lou Ogden, Tualatin Councilors Chris Bergstrom, Bob Boryska, Helen Cain, Steve Chrisman, Ed Truax, Tony Weller; Tualatin City Manager Steve Wheeler Tigard Mayor Jim Griffith, Tigard Councilors Craig Dirksen, Brian Moore, Ken Scheckla; Tigard City Manager Bill Monahan Tigard-Tualatin School Board Members Barry Albertson, Mark Chism, Al Hieb, Caroline Neunzert; Tigard-Tualatin School Superintendent Steve Lowder ABSENT: Patricia Biggs, Tigard-Tualatin School Board Tualatin Mayor Lou Ogden called the meeting to order at 6:40 p.m. 1. INTRODUCTION -The city officials of Tigard, Tualatin, and the Tigard-Tualatin School District Board members that were present introduced themselves. 2. ITEMS OF DISCUSSION 1. Discussion on Substance Abuse Reported In Asset Survey Tualatin Mayor Ogden began with a topic for discussion on the substance abuse portion of the Take the Time Asset Survey that was done last year by middle and high school students. He also noted there were some members of the Tualatin Youth Advisory Council present. Mayor Ogden said he believes a real problem is adults do not always view youth as part of the decision-making process, and it underscores our systemic substance abuse problem. His interest is what can cities and communities can do to help youth in our society. Tualatin Cifi/ Manager Steve Wheeler said the substance abuse segment from the survey was discussed at a recent Tualatin City Council work session, and distributed a statistics sheet. There was concern on the high percentages of responses on substance abuse and related issues. It was noted that the School District has not yet had the opportunity to distribute the completed results of the asset survey to the schools and parents, but will be doing so next month. Superintendent Lowder wanted to note however, that the percentages are slightly lower than those in Washington County and across the nation. Mayor Ogden said what is alarming is the magnitude of the percentages, and is the entire cross- section of youth, not just a certain segment. His perception is most parents do not believe that these types of abuses with youth are a problem in the community. SPECIAL TUALATIN CITY COUNCIL MEETING MINUTES OF OCTOBER 7 ,2002 -2- 1. Discussion on Substance Abuse Reported In Asset Survey [continued from previous page] School Board Chair Mark Chism said this data is not surprising, and he noted there are policies and programs in place within the schools. They may not be as effective as hoped, but clearly the School District has a role to play. The bigger question remains is what role cities could play in helping to facilitate the issues and partner more effectively. Tualatin Councilor Chrisman asked about Tigard's recent after-school program. Tigard Mayor Griffith said the Youth Forum has an after-school program in some of the schools so kids would have something to do after school until parents get home. The program appears to be working very well, and they have obtained a grant to also supply food, as it became apparent that for some of the youth it would be their primary meal/food for the day. Discussion followed. Mayor Ogden said he believes the awareness level is important and how to create the community support remains the question. One question to consider is where the kids get drugs and the alcohol, and usually it is from home. It was recognized that this is a community-wide issue and there are some things that can be done better, but it is going to be a big job. Mayor Ogden wanted to note that this was not going to be "fixed" at this meeting, but he wanted to start the discussion. Tualatin Youth Council representatives commented that contacting parents and passing the asset survey on to parents was a good idea. 2. Tualatin Facility Visioning Update Tualatin City Manager Wheeler said Tualatin is actively engaged in facility visioning. Paul Hennon, Tualatin Community Services Director gave a brief update on the progress to date. He noted there will be more community presentations, questionnaires distributed, and in the end the hope is to learn the level of community support. The process expects to wrap up by next spring. Mr. Wheeler said there is an active ad-hoc committee that has been working on this process. He said the City also appreciated being able to utilize the Back to School nights, the Crawfish Festival and other opportunities to get information out to the community. 3. Forthcoming Facility Building Plans, Tigard-Tualatin School District; Tigard and Tualatin Tigard-Tualatin School Superintendent Lowder introduced the District's recently hired project manager, Stephen Poague, who will oversee the $85.9 bond measure approved by voters in May. Mr. Poague noted the project schedule of three replacement elementary schools, and additions to two middle schools is for the fall of 2004. Additions/renovations at Tualatin and Tigard High Schools are planned for a 2004-05 timeframe. A new elementary school is set for a 2005 completion date. roughly 11 major projects. Tualatin Councilor Chrisman asked about the plans for Tualatin Elementary School, and its historic relevance. Mr. Poague said the plan is for demolition of old facility and possible salvage of parts of the old school to incorporate into the new school. There is also planned redevelopment of the site for a magnet school. It was noted that this is a district-wide capital improvement program. SPECIAL TUALATIN CITY COUNCIL MEETING MINUTES OF OCTOBER 7. 2002 -3- 3. Forthcoming Facility Building Plans, Tigard-Tualatin School District; Tigard and Tualatin [continued from previous page] Tigard City Manager Monahan also noted that if it had not been for the School District and city working together, the city would not have been successful in acquiring a new library site. The Libran; is scheduled to be completed and to open in 2004. They have a very aggressive plan to move forward with construction. 4. Pedestrian Bridge Across the Tualatin River Tualatin City Manager Wheeler said Tigard and Tualatin have had ongoing discussion about this project and remain interested in a pedestrian bridge. The bridge would link three parks together; Cook Park in Tigard, Community Park in Tualatin, and Durham City Park in Durham. A lobbying effort has been ongoing but there will not be any federal money forthcoming this year. However Tualatin remains committed to the project, and also notes dedicated interested from Tigard, and Washington County as well. Tigard Mayor Griffith asked if there has been any interest by Metro on this project, and Mr. Wheeler said he had heard of some interest expressed but he is not certain at this point of any Metro commitment. Brief discussion followed. 5. Joint Use of Equipment and Property Among Cities and School District Superintendent Lowder asked School District Community Relations Director Susan Stark-Haydon, to discuss the joint use of property owned by the School District. The City of Tigard is looking into joint use of property owned by the School District. Mr. Monahan said there has been discussion that on one of the school sites, where the city would bury a water reservoir on the grounds of an elementary school, and the School District has offered the use of school property for a skateboard park in Tigard. It makes sense to the public to maximize the facility and property. Tigard Mayor Griffith said they are very supportive of joint utilization of space between the district and cities, which is getting scarcer. The first step is working well, and it is a win-win situation. Providing better services to our citizens is a good thing. 6. Tigard Approach to Juvenile Cases and Peer Court Tigard City Manager Monahan said over the last few months Tigard has transferred some juvenile cases to their municipal court. Tigard's approach is to get the youthful offender, between the ages of 14 and 17, in a program, and to date officials believe it is successful. It requires the parents and youth to appear before the judge, with the judge looking at corrective punishment, and build on that by assigning community service projects. Tigard will report back at a later date with the progress of the program, but wanted to mention the initial success. A question was asked and Mr. Monahan said the caseload amounts to approximately 10-20 cases per month, which deals primarily with misdemeanors, non-violent crime, first-time offenders. Tigard does not have additional funding for the increased caseload, and it does increase the salary for the municipal judge. Tualatin Councilor Weller asked and Mr. Monahan answered that there is not a problem in creating community service projects. Brief discussion followed. SPECIAL TUALATIN CITY COUNCIL MEETING MINUTES OF OCTOBER 7. 2002 -4- 7. Clean Water Services Master Plan Tigard City Manager Monahan said Tigard is concerned about the apparent growth of the Clean Water Services (CWS) plant at the intersection of Hall Boulevard and Durham Road. CWS's approved master plan has indicated major additions to be constructed at that site, which calls for doubling its capacity to treat sewage, impacting nearby Durham Elementary and Tigard High School. Tigard will continue to monitor their plans for the site and asked that the School District and Tualatin meet to discuss the CWS master plan, and engage CWS in conversations about their master plan. Superintendent Lowder said Durham Elementary School's access would be affected. There is a substantial proposed increase of the site and Tigard Mayor Griffith noted they have some real issues with that and wanted CWS to be aware of their concern. Discussion followed. Mr. Monahan said the last plans they saw were in 1999. Mr. Wheeler said he recognizes the School District and Tigard's concern, but asked what role Tualatin would have. Mr. Monahan explained there are run-off issues, etc. Tigard is planning a meeting for next month and all present will be invited, along with the City of Durham. 8. New Development Impact and Process Fee Charges - City and School District Relationship Superintendent Lowder said with the new construction happening in the School District, and the construction fees that are charged by cities, asked if there could be any relief from those fees. Tigard City Manager Monahan said the fees that are charged are based on a methodology, and if cities do not pay the fees, then somebody has to. If the School District does not pay the fees, the funds would have to be taken out of the city's general fund. Tualatin City Manager Wheeler noted it would be the same with Tualatin. Tualatin Mayor Ogden noted he would like to know exactly how many dollars it amounts to in fees, and gave an example that the recently constructed Tualatin Police Facility fees were factored into the bond issue. Mayor Ogden gave a brief explanation of how the fee process works for cities. Tigard Councilor Moore said there is also a concern about equity. School Board Chair Chism said the District welcomed the participation of the cities and where there are opportunities to reduce costs on projects would be a good opportunity. Brief discussion followed. 9. Joint Use and Reciprocity for District and City Facilities The School District added from the earlier discussion on continuing to look at working collaboratively with the cities of Tigard and Tualatin, along with the School District on combining professional services, such as HVAC services, locksmith and custodial services, etc., which would provide those services more efficiently. 10. Other Issues Superintendent Lowder mentioned the School District will be holding a meeting on October 16, 2002 at Tigard High School auditorium. They have invited 18 school districts to discuss concepts/ideas, and any common ground issues in preparation for the next legislative session. All are invited to attend. Tualatin City Manager Wheeler gave a brief update on the Durham Quarry project, in response to Tigard Councilor Scheckla's request. The project site is located at Bridgeport Road. Mr. Wheeler said the development is called Bridgeport Village and the County, which owns the property, is nearing an agreement with Opus Northwest with the intention of moving forward with the project. Mr. Wheeler explained what type of development would likely be done. He also said the project will address traffic issues and will not move forward until those issues are resolved. Brief discussion SPECIAL TUALATIN CITY COUNCIL MEETING MINUTES OF OCTOBER 7. 2002 -5- followed. Mayor Ogden noted that there should be an opportunity to get a look at this project as it has a huge impact on both communities, and asked for a detailed master plan to be brought to both city councils. Tualatin Mayor Ogden said in his dealings with the National League of Cities, it has been noted by other cities that it has not always been a smooth relationship with the cities and their local school districts. He wanted to note the positive and great relationship that our cities have with the Tigard-Tualatin School District and he appreciated it. It was decided to meet again in six months. 5. ADJOURNMENT The meeting adjourned at 8:21 p.m. By: Maureen Smith, City of Tualatin ecording Secretary ATTEST: 1AAA JX-~ P-~i. ~d Ji Gn ~th/C ty igard Mayor Date: I/D✓~>,-L l~iv c~D(~a w "v +1° ' Ag enda Item No. C:? WON 0 Mam- w' Meeting of /0' K. 0'a !s pR-o"'CLAMAVION Filipino-American History Month WHEREAS, October is the 415`h anniversary of the earliest documented proof of Filipino >:;~~lrtt;, presence on the shores of the west coast on the Continental United States; and ° ~y1 ~.itg+iii~,. . WHEREAS, the citizens of Oregon should be informed of the positive impact Filipino Americans have had on our communities; and WHEREAS, in Oregon, thousands of Filipino Americans have made contributions to the.. fields of teaching, business, government service, agriculture, ministry, medicine and other j . k sciences, humanities and the United States Armed Forces ;and WHEREAS, It Is Imperative for Filipino American youth to have positive role models and instill in them the importance of education, complemented with the richness of their ethnicity and values of their legacy; and WHEREAS, efforts must continue to promote the study of Filipino American history and culture; and , 4 WHEREAS, this anniversary is a significant time to study the advancement of Filipino Americans - a time of celebration, remembrance, reflection and motivation - and a relevant r time for all of our citizens to learn and appreciate more about Filipino Americans and their P,...r historic contributions to our nation and to Oregon. } NOW THEREFORE BE IT RESOLVED THAT I, Mayor James Griffith, of the City of Tigard, Oregon, do hereby proclaim October 2002, as Filipino-American History Month ry J(f7i~ tp 'aw •~1" Dated this day of , 2002. • IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of ' Tigard to be affixed. ip . James Griffith, Mayor City of Tigard "!1} Attest: City Recorder ~ t AGENDA ITEM NO.3 • VISITOR'S AGENDA DATE : October 8, 2002 (Limited to 2 minutes or less, please) 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 VISITOR'S AGENDA Page 3 ~rs-Ti~'i burp PGc,lc,,Q ~~I~n.U ~,31~Ts, ~i rs-- Cc Tigard High Lead--ors ip 9000 SW Durham Road • Tigard - Oregon • 97224 (503)431-5518 • FAX (503)431-5410 • http://ths.ttsd.kI2.or.us/leadership/home.hunl thsasbprez@hotmail.com ■ October I": Club Kush ■ October ]It"-12111: College Fair - Portland Expo Center ■ October 17th - 181f1: Parent Teacher Conferences ■ October 18t1i: Football vs. Tualatin ■ October 22"d: Academic Letter Awards Ceremony reasitr October 28`h - November 151: Sh~nnpnB~l Red Ribbon Week -Students pledge to stay dru( free u an 4. October 3I": e,.~ia¢4u~s1'' Community Trick-or-Treat - Safe, dry place for children K-3"I t rides to trick-or-treat No\ ember 5t". Blood DriNC - DVI) FrnnCl ;Auditorium from 8:00-1:00 i-: ewl K' o kF€~ NR ~Yw- r Y.t 7 "Celebrate Pre past, emprace the present, dream the future. " 1 THS Leadership '02 - '03 Mission Statement .1 1 AGENDA ITEM # FOR AGENDA OF October 8, 2002 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council FROM: Greer Gaston DATE: September 27, 2002 SUBJECT: Three-Month Council Calendar Regularly scheduled Council Meetings are marked with an asterisk j. October 7 Mon Joint Meeting with Tualatin City Council and Tigard-Tualatin School District - 6:30 p.m. Tualatin Police Facility, 8650 SW Tualatin Rd., Tualatin, Oregon Special Meeting 8 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 15 * Tues Council Workshop Meeting - 6:30 p.m. 22 * Tues Council Meeting Cancelled 29 Tues Special Meeting - 6:30 p.m. Business Meeting with Study Session November 11 Mon Veteran's Day Holiday - City Offices Closed 12 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 19 * Tues Council Workshop Meeting - 6:30 p.m. 26 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 28 Thurs Thanksgiving Holiday - City Offices Closed 29 Fri Thanksgiving Holiday - City Offices Closed December 2 Mon Labor Day Holiday - City Offices Closed 10 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 17 * ues Council Workshop Meeting - 6:30 p.m. 24 * Tues Meeting Cancelled 25 * Wed Christmas Holiday - City Offices Closed I:\ADM\PACKET'02\20021008\COUNCIL CALENDAR.DOC Tigard City Council Tentative Agenda Greeter - 10129102 . Business N -Greeter 10122102. Business N Due: 10115102 @ 5 p•m. 1NOrkshoP Due: 1018102 @ 5 P-m- Study Session 10115102 - Session * Councilor M°ore Not Present Due: 1011102 @ 5 P•m Study * Mayor GRIFfITFI Not present* Workshop ToPics ional Drinking * Councilor MOORS Not present Update: Proposed Butt Run Reg 19) EdlDennis- Water Agency -(Pad 1 Cont.111 - - 45 min Wt- Mtg with IWB) MEETING CANCELED 20 Communication plan Update - Liz -ember - min Make Consent Agenda Discuss meeting schedule for Decnda A9 and cancel 24 mtg? ment Consent e 17 a business ri Develop proposed Standards for Housing min Set-Aside Requests - Duane - 0 Discussion of Public Tree care Ordinance - Dan - 20 min anion -Jim - Discussion on Metro's UGB Exp Business Meeting Gus (Need 30 min. v° Street Maintenance Fee Process - 9124) Blue Sheet -added at [xec. Staff 9• Business Meeting 15 min Qwest Audit - Craig -10 min. (Need y IGA - 9124) Blue Sheet - added at Exec. Staff Mtg. Z IGA - Commuter Rail Pro) liect- RES -Jim-o~D10' a Adopt Ordinance on Pubc tee care - Dan - 30 min , J Q. Sl =standing item l:ladml9reeritentaty a9ltentative.xls Page 1 101112002 City Council Tigard enda .Greeter Tentative Ag 11126102 ' Business ue: 11112102 o shop p @ 5 p•m. 11119102 -VI S ti°n ession gard fact book - m Study on 2002 -`i .Greeter 1115102 @ 5 p' presenta 20 min. 15 m in Business Due. ICS ional DrinK►ng Bet,- are _ Ron _ 11112102 - Workshop TOPICS Bull Run Reg 10M5) " Computercop Sott`v Update: Propo 2 Cont. from part Due. 10129102 @ 5 P.M* ency -1.1 . (Jt with IWB) Water Water A9 45 min - . Mtg wl Clean -ter'"' study Session ara - EdIDennis - osed 1GA n Met) - JulialBarb eview Prop piscuss & R30 min Consent Agenda s Review - Transit matic Design Update on services - Ed - Sche added at 20 min. SRG (Architects) glue Sheet - (Need Gus & Margate 9120.30 min ti E on xec. StAA Mtg' & Recrea Its Park y - min p enda update' Tualatin N ou9 on with Budget consent o p a e is r►c - envies Review ervice A9 uncr 10122 meeting) Facility Cra Social S ig _ 60 niin (moved from I Services for City info) Committee - eeting lementation BS for submission Business~► Regional imp LCRBchrtectura ton Sa• op son - - Remodel - Loreen (-wee Washing un rng o on rogra garbaraiJim - 3Q min Fcility Conceptual Design d P - 20 min mment Skateboar a tesentati~on oPportunity tot public cA in P - Da Bull Run Drinking Meeting Business . Margaret -10 m piscussion and min VA- Student _m Lrbtary - meet whether to form Update on the tie Community Develop on dec9ency - enros artment Overview in a er Dep H _ 15 U date - 20 min Qept. es P Indonesian Resource er Eoreen. Ed. Tom, Rog Sl standing item a9Itentabve•xls = tats Iaadrni9reeriten page 2 10i1120a2 AGENDA ITEM # . FOR AGENDA OF October 8, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD ISSUE/AGENDA TITLE Approve Labor Attorney Services Contract and Authorize the City Manager to Sign IX/ PREPARED BY: and Zodrow DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council, as the Local Contract Review Board, approve a contract (professional services agreement) for labor attorney services with the legal firm of Bullard, Smith, Jernstedt and Wilson? STAFF RECOMMENDATION Approve contract with the firm and authorize City Manager to sign INFORMATION SUMMARY Since 1989 the law firm of Bullard, Smith, Jernstedt and Wilson have provided the City of Tigard with labor attorney services as it relates to the all aspects of collective bargaining with the Tigard Police Officers Association and the SEIU-OPEU Local 503. The City recently conducted a Request for Proposals for Labor Attorney Services in compliance with the guidelines established in the City's Purchasing Rules. Six (6) firms submitted responses to the RFP. A committee comprised of the City Manager, Finance Director, Chief of Police and Human Resources Director reviewed the submittals and narrowed the finalists to three (3) firms. Interviews were conducted with the three firms, and a final determination was made to select the Bullard firm. The Committee felt that this firm offered not only a long term familiarity with the City's labor relations environment and goals, but also represented a depth and range of labor law experience in the public sector that was unmatched by the other firms. The major services provided for in this contract include labor negotiations, contract administration, grievance processing, representation at arbitration and other dispute resolution hearings, and other employment activities related to the administration of the SEIU-OPEU and TPOA collective bargaining agreements. OTHER ALTERNATIVES CONSIDERED Other firms were interviewed as part of the selection process VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment "A" Legal Counsel Professional Services Contract FISCAL NOTES Finds are currently budgeted for Labor Attorney Services I: AWNPACKET TZ200210081LABOR ATTORNEY SERVICES CONTRACT ASI.DOC MEMORANDUM TO: Sandy Zodrow, Human Resources Director FROM: Cathy Wheatley, City Recorder L666;~A RE: Contract for Labor Attorney Services for Bullard, Smith, Jernstedt and Wilson DATE: October 9, 2002 Sandy, attached are two originally signed copies of the above-referenced contract. These originals are being provided to you so you can obtain the appropriate signatures from the law firm. One original is for their files and the other original should be forwarded to the Records Division. Attachments 1:=KCATHY%MTG-DIS'RO21COB LABOR ATTY CONTRACT.DOC CITY OF 'DGARD, OREGON LEGAL COUNSEL PROFESSIONAL SERVICES CON'TRACT THIS AGREEMENT made and entered into this 8th day of October, 2002 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Bullard, Smith, Jemstedt and Wilson , hereinafter called Legal Counsel. RECITALS City has need for the services of a law firm with a particular training, ability, knowledge, and experience possessed by Legal Counsel, and City has determined that Bullard, Smith, Jemstedt and Wilson is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: AGREEMENT: The parties agree as follows: 1. LEGAL SERVICES TO BE PROVIDED: Legal Counsel shall initiate services immediately upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Legal Counsel 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, and shall expire, unless otherwise terminated or extended, on November 1,2003. 3. COMPENSATION: (NOTE to bidders - this section will be modified based on specific compensation details determined during bid award process. This may also include how rates are adjusted during the life of the agreement.) a. City agrees to pay Legal Counsel in accordance with this section for performance of services described herein. Payment shall be based upon a detailed monthly statement of services showing work performed and identifying specific legal matters worked on. b. Payment by City to Legal Counsel for performance of services under this Agreement includes all expenses incurred by Legal Counsel, with the exception of expenses, if any identified in this Agreement as separately reimbursable. 3 c. Payment will be made in installments based on Legal Counsel's invoice, subject to the approval of 14 the Director of Human Resources, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. d. Payment by City shall release City from any further obligation for payment to Legal Counsel, for services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. e Legal Counsel shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Attorney-labor PS contract-doe t f. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: City shall be the owner of and shall be entitled to possession of any and all work products of Legal Counsel which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Legal Counsel prior to termination of this Agreement by Legal Counsel or upon completion of the work pursuant to this Agreement. 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, Legal Counsel 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 LEGAL COUNSEL AS INDEPENDENT CONTRACTOR: Legal Counsel certifies that: a. Legal Counsel acknowledges that for all purposes related to this Agreement, Legal Counsel is and shall be deemed to be an independent contractor as deemed 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 Legal Counsel 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 Legal Counsel under the terms of this Agreement, to the full extent of any benefits or other remuneration Legal Counsel 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 Legal Counsel or to a third party) as a result of said finding. b. The undersigned Legal Counsel 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 Legal Counsel, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. C. If this payment is to be charged against Federal funds, Legal Counsel certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. d. Legal Counsel 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. e. Legal Counsel certifies that it currently has a City business tax receipt or will obtain one prior to delivering services under this Agreement. f. Legal Counsel is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. Attomey-labor PS contract.doc 2 7. INDEMNITY: a. The City has relied upon the professional ability and training of Legal Counsel as a material inducement to enter into this Agreement. Legal Counsel represents to the City that the work under this contract will be performed in accordance with the professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Legal Counsel's work by the City shall not operate as a waiver or release. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. b. Claims for other than Professional Liability. Legal Counsel shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from any and all liability, causes of action, claims, losses, damages, judgments or other costs including attorney's fees and witness costs, and all expenses(at both trial and appeal level, whether or not a trial or appeal ever takes place) incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Legal Counsel or its subcontractors, sub-consultants, agents or employees under this contract c. Claims for Professional Liability. Legal Counsel shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from any and all liability, causes of action, claims, losses, damages, judgments, or other costs including attorney's fees and witness costs and all expenses (at both trial and appeal level, whether or not a trial or appeal ever takes place) incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Legal Counsel or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. d. As used in subsections b and c of this section, a claim for professional responsibility is a clailn made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Legal Counsel, regardless of the type of claim made against the City. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Legal Counsel unrelated to the quality of professional services provided by Legal Counsel. 8. INSURANCE: Legal Counsel 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 Legal Counsel's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Legal Counsel and its subcontractor shall provide at least the following limits and coverage's: Attomey-labor PS contract.doc 3 a. Commercial General Liability Insurance Legal Counsel shall obtain, at Legal Counsel'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 (1996 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 General Aggregate $2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 b. Professional Liability Insurance Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect during the term of this contract, Professional Liability Insurance. This coverage shall include Annual Aggregate & Per Occurrence limits of $2,000,000 per attorney. C. Commercial Automobile Insurance Legal Counsel shall also obtain, at Legal Counsel's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. d. Workers' Compensation Insurance The Legal Counsel, its subcontractors, if any, and all employers providing work, labor or materials under this Contract that are either 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 or employers that are exempt under ORS 656.126. 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. Legal Counsels who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. e. Additional Insured Provision The Commercial General Liability Insurance and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. f. Extended Reporting, Coverage If any liability insurance required by this contract is arranged on a "claims made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Legal Counsel's insurer will provide if less than 24 months. Legal Counsel will be responsible for furnishing certification of Extended Reporting coverage for 24 months following contract completion. Continuous "claims made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Attomey-labor PS contract.doc 4 g. 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. h. Insurance Carrier Ratine Coverage's provided by the Legal Counsel 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. i. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Legal Counsel 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. j. Primary Coverage Clarification The parties agree that Legal Counsel's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. Legal Counsel'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: Sandy Zodrow, Director of Human Resources City of Tigard Business Phone: 5 03-63 911 1 7 1, Ext. 2408 13125 SW Hall Blvd. Business Fax: 503-639-6795 Tigard, Oregon 97223 Email Address: sandy@ci.tigard.or.us Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Legal Counsel's liability hereunder. Notwithstanding said insurance, Legal Counsel shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. Attomey-labor PS contract.doc 5 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, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices, bills, payments, and other information: CITY OF TIGARD Sandy Zodrow, Director of Human Resources City of Tigard Business Phone: 503-639-4171, Ext. 2408 13125 SW Hall Blvd. Business Fax: 503-639-6795 Tigard, Oregon 97223 Email Address: sandy@ci.tigard.or.us LEGAL COUNSEL Bullard, Smith, Jemstedt & Wilson 1000 SW Broadway Business Phone: 503-248-1134 Suite 1900 Business Fax: 503-224-8851 Portland, OR 97205 Email Address: kbemis@bullardlaw.com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who 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 Legal Counsel that does not represent clients on matters contrary to City interests. Further, Legal Counsel shall not engage services of an attorney and/or other professional who individually, or through menfaers of his/her same firm, represents clients on matters contrary to City interests. Should the Legal Counsel represent clients on matters contrary to City interests or engage the 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, Legal Counsel shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the Legal Counsel shall have 30 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. Attomey-labor PS contractdoc 6 ME 12. TERNUNATION 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 Legal Counsel. If City terminates the contract pursuant to this paragraph, it shall pay Legal Counsel for services rendered to the date of termination. 13. TERMINATION WITH CAUSE: a. City may terminate this Agreement effective upon delivery of written notice to Legal Counsel, 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 Legal Counsel, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. iv. If Legal Counsel becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Legal Counsel, if a receiver or trustee is appointed for Legal Counsel, or if there is an assignment for the benefit of creditors of Legal Counsel. 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 Legal Counsel, may terminate the whole or any part of this Agreement: i. If Legal Counsel fails to provide services called for by this agreement within the time specified herein or any extension thereof, or ii. If Legal Counsel 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 Legal Counsel fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Legal Counsel 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), Legal Counsel 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 Legal Counsel 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 Legal Counsel. 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. L.Att,,,y1.aborPS contract.doc 14. ACCESS TO RECORDS: City shall have access to such books, documents, papers and records of Legal Counsel as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. CITY ATTORNEY BAR MEMBERSHIP REQUIREMENT: Legal Counsel is responsible for maintaining Legal Counsel's professional standing as a member of the Oregon State Bar Association. 16. FORCE MAJEURE: Neither City nor Legal Counsel 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. 17. NON-WAIVER: The failure of City to insist upon or enforce strict performance by Legal Counsel 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. 18 NON-DISCREME NATION: Legal Counsel agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Legal Counsel 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. 19. 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. 20. 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 suit's involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. Attorney-labor PS contract.doc 8 21. COMPLIANCE WITH APPLICABLE LAW: Legal Counsel shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement. 22. 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. 23. AUDIT: Legal Counsel 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. Legal Counsel 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. 24. 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. 25. 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. Legal Counsel, by the signature of its authorized representative, hereby acluiowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Legal Counsel has executed this Agreement on the date hereinabove first written. City of Tigard _ h2 By: Authorized City staff person letting contract Date Legal Counsel By: Legal Counsel's Name Date Anomey-labor PS contractdoc 9 EXHIBIT "A" SERVICES TO BE PROVIDED SCOPE OF SERVICES A. Legal Counsel will be responsible for City legal labor representation as authorized by the City Council and/or City Manager. Authorization to perform specific tasks will come from Sandy Zodrow, Human Resources Director or other persons directly authorized by the City Manager. Ken Bemis will act as lead attorney. Ken Bemis is referred to herein as the "City Labor Attorney". B. Unless otherwise specified by the Human Resources Director, Legal Counsel will be responsible for: Labor relations, employment and related services including but not limited to: 1. Contract negotiations for the TPOA and SEIU OPEU Local 503 collective bargaining units 2. Consulting services, including contract interpretation and administration, including representation at appropriate meetings/hearings; mediation, fact-finding and arbitration, dispute resolution; unfair labor practices; staff and/or Council strategy planning and progress meetings; representation, unit clarification and deauthorization matters; impact bargaining; communication and correspondence activities between the City and officials of the aforementioned bargaining units; and other employment related services as required. Attomey-labor PS contract.doc i 0 AGENDA ITEM # S FOR AGENDA OF October 8, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the New Tigard Library PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL, Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard Library. INFORMATION SUMMARY On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount will pay for land acquisition, the designing, building and furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property located along Hall Boulevard near O'Mara Street. Since the passage of the bond, SRG Partnerships, PC has been selected by the City as the architectural firm for this project. The City has also selected the firm, Shiels Obletz Johnsen, Inc. to serve as the City's representative for the project. Hoffman Construction will be the general contractor. As part of its effort to ensure that the new library truly represents Tigard, SRG Partnership has conducted several meetings with citizens and library staff. In September, the architects conducted two workshops with the New Library Resource Team. Another workshop is scheduled for late October. We have scheduled a Community Meeting on the New Library for Wednesday, October 16. This will be an opportunity for citizens to meet the architects and share their ideas about how the New Library should represent Tigard. In September the first issue of Diggin' the Dirt was transmitted to nearly 70 people in the community. We hope to continue to add to the mailing list. At this meeting staff is prepared to answer questions. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. e ATTACHMENT LIST 1. Set of PowerPoint Slides FISCAL NOTES N/A OWN- ~S dew on the New Loo~bra''~'? project General Conntrastctcor : fIon 14offman Coru chitects: Ar SSG PartnerShIP43, PC Owner s Rep', ~nsen, Inc. Spiels Obletz 3Jif sit' - •.tdN 1 4 ~.1• to~ Nix, 1 Vl~ - Y.w 1 O ~ 7.' Yy •;i i xt tit.-: 17 .:r+~ ,0..1 t•;' idd j~ Public In vo iemen'tn Update (Informa'to . Co mmune' meefinS 0000 7 Oct. lb "allTigard Town Want to OW More,*7 . «D~SB~°' the pert emael updates . Flew library Wev PaSes . dHat Repot In Cscape lAar F linformaVoll or More Contact an d ~-Ox2508 aula@c~U4 503.68+-6537, Webs'i'te*. WWw ci,tigard.or.us AGENDA ITEM # .UJ FOR AGENDA OF October 8, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the proposed local option levy for Washington County Cooperative Library Services (WCCLS) PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The purpose of this presentation is to provide City Council information on the proposed countywide local option library levy. STAFF RECOMMENDATION This is an informational item. INFORMATION SUMMARY In December 2001, February and March 2002, staff presented preliminary information to the Council about the proposed, five-year WCCLS local option levy. The Tigard Public Library along with public libraries throughout Washington County is experiencing significant increases in use. An example of this increase in usage for the Tigard Library includes increased participation in Summer Reading programs, attendance at library sponsored events and an increase in overall circulation. In May 2002, based on an analysis conducted by WCCLS the Washington County Board of Commissioners authorized the placement of a five-year levy for library operations on the November 5, 2002, ballot. In August 2002, Eva Calcagno, Manager of WCCLS presented information to the Council about the WCCLS local option levy. In the current fiscal year approximately 60 percent of the library budget is supported by WCCLS funding. At this meeting staff is prepared to present additional information to the Council about the levy and to answer any questions the Council may have OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #2 A wide array of opportunities for life-long learning are available in a variety of formats and used by the community. ATTACHMENT LIST 1. Set of PowerPoint Slides FISCAL NOTES The five-year levy has a fixed-rate of $.26 per $1,000 of assessed value. If approved, owners of a typical home ($158,000 assessed value) would pay $41 in additional property taxes in 2003. Library Levy for Washington County Measure 34-54 To respond to the growing use of library services. IVQ X11 1 11culnlin of . 1111ru1~ niulcriul. 7a °u 411 1 nun1~ pnpnlulinn 4Vo I'I'lll 211111 Tigard Library Growth at a Glance 700,000 600.000 500.000 100.000 ro FY OU01 ~t fY 0102 300.000 1200.000 700.000 .i:f:;•,~.,~ 0 ChKkout, 1231% CYNOe kadM 19351% 1 Tigard Library Growth at a Glance 3o0.oao - 250.000 200.000 150.000 F. FY 0401 ■ FY 01.02 100.000 e . 50.000 9 N 0 Ibrary vuds 10.33% p,bbe c*Ww me 36.46% - Local Option Levy totaling $49.9 million over five years (2004.2008) - Fixed rate of 26a per $1000 of assessed valuation - Equals about $41 in additional taxes on an average home in 2003 - Measure 34.54 on the November 2002 ballot - Would supplement County general fund support for library services. How would the money be spent countywide? $3.20 Central Support Services ®Of Cultural }r Programs l n rr 49• is $22.50 More books, hours, and $34.50 programs p Maintain current services 2 I Pij~, ~I 141 Gf `.<%t VIce~ _ tdalnlauie~,sbngfe• ,•r,ats _ Add,t,onat boots and olhet nett _ pticidronal oPet~ hours p prograti s _ Addlpongt chuYd,e s ogt a _ Acldrt+onal cultural P ref l~~r;.r ` ~ ~ n+;.~ '~~.~~...'}+"5. Std ~ 9''~~ ` 9~ + r~ . ~ ivy 'X .<s•r ~y fit 3 SUMMER MINC STAMCS 2500 ®Regktrat~on 2000 1500 ®compktlon 1000, ❑ Program Aftandonca 500 OProgrnma and i. 0 WtMt offend 2001 2002 "IN r Hp' y ~y' k I Public libraries county-wide would: - reduce purchase of books and other materials - reduce hours of operation - reduce programs and services - reduce staffing levels 4 AGENDA ITEM No. 7 Date: October 8, 2002 P LiC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: 2002 LOCAL LAW ENFORCEMENT BLOCK GRAFT Due to Time Constraints City Council May Impose Time Limit on Testimony AGENDA ITEM No. 7 Data: October 8, 2002 PLEASE PRINT Pro onent - S eakin In Favor Opponent - S eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. r- Agenda Item No. Meeting of I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 2002 Local Law Enforcement Block Grant PREPARED BY: Ron Goodpaster DEPT HEAD OK - CITY MGR OKY _VP ISSUE BEFORE THE COUNCIL The issue before the City Council is to hold a public hearing regarding this grant and then to accept the grant and to approve the spending of the funds. STAFF RECOMMENDATION Staff recommends accepting the grant and authorizing the spending of the funds. INFORMATION SUMMARY This is the seventh Department of Justice Law Enforcement Block Grant the Police Department has received. The grant amount is for $24,361, which requires a 10 percent match of $2707, which brings the total value of the grant to $27,068. The requirements of the grant are that the funds be spent to reduce crime and improve public safety. There are seven categories in which the funds can be spent. These funds will be spent in the category entitled "Supporting Law Enforcement." The grant requires a review by a citizen advisory committee made up of representatives from the local police, local prosecutor's office, local court system, local school district, and a community representative in crime prevention. This committee has recommendation rights to the Police Department regarding how the funds are spent. The recommendation before you is the one that is approved by the Citizen Advisory Committee. These funds cannot be used to supplant any existing funds or pending purchases. Before the City actually receives the funds and spends them, the City is required to hold a public hearing regarding the proposed use of the funds, which is the purpose for the agenda item this evening. The funds from this grant are going to be spent for the following items: $13,268 This money will be used to fund the purchase of 5 automated external defibrillators (AEDs). The AEDs will be used in the field and also at City Hall to be used for life-saving early defibrillation to improve the survival odds of citizens struck down by sudden cardiac arrest (SCA). A leading cause of death in the United States, SCA claims approximately one life every 2 minutes, nearly 600 lives per day, totaling 220,000 a year. Only 7 percent will likely survive. That is more deaths than caused by house fires, prostate cancer, breast cancer and automobile accidents combined. Many public areas have already achieved impressive results, with survival rates averaging 20 percent and as high as 75 percent. SCA victims' chances of success reduce 7 to 10 percent each minute, and by 5 minutes have approximately a 50150 chance of survival. Rescue attempts are most often successful when defibrillation is administered within the first few miiiutes of onset. Beyond 10 minutes, the victim's chance of survival is practically nonexistent. The equipment we wish to purchase has been reviewed and is recommended by the Tualatin Valley Fire and Rescue and is extremely easy to use. In the next couple of weeks I will be demonstrating the equipment for you. $800 This is to purchase a CRASH training program directed at high school drivers. The program consists of 40 traffic safety activities that are integrated into school science and math programs. CRASH uses automobile crashes as a basis for teaching physics, physical science, biology, math and driver's education topics at the high school level. We have talked with teachers at both Tigard High School and ABLE, and every teacher we have spoken to has been excited about implementing this instruction. The instruction will be partially presented to the students by our High School Resource Officer, Glen Scruggs. $8,000 This is to purchase a Web ZEDS software program that allows us to continue in the Oregon Law Enforcement Data System. The system changed over the last year, and all law enforcement organizations had to seek an alternative way to access the database. This program is one of two programs that are purchased by most all law enforcement in the State of Oregon. Web LEDS allows us to connect with LEDS (Law Enforcement Data System) which gives us access to drivers' information, criminal history, wants, all points bulletins, Homeland Security information, criminal histories, and is our gateway to the law enforcement community throughout the United States and Canada. We cannot operate without this software. $1,750 This will go to the Tigard-Tualatin School District to be used at Twality and Fowler Middle Schools to fund recognition certificates and fast food coupons for the "Do the Right Thing" Program for students. In this program, school staff recognizes students that made good choices. This has been an extremely successful program in the past year that we supported. The enrollment at Twality is at an all-time high. At the same time, the referrals for disciplinary action are at an all-time low; and the School feels that this program has a large impact on that. $1,750 This will be given to the Community Partners for Affordable Housing (CPAH) for their after-school program. We have assisted in the funding of this program before, and they are starting to see some significant results with some of their young readers advancing 2 grade levels with the additional assistance they receive through the after-school program. $1,500 This will fund a needed laptop computer for the Municipal Court so they can enter information in the Court. This will assist them with their work load. This brings the total expenditure to $27,068. The City match of 10 percent, or $2,707, is available in our existing budget. Your approval of this will allow us to immediately draw down the funds from the Federal Government and then spend them for the above-listed items. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY These expenditures would address the Tigard Beyond Tomorrow Transportation and Traffic in regards to improving traffic safety. The other expenditures would address the Public Safety Goal on Enhancing Community Public Safety. ATTACHMENT LIST There are 2 attachments. 1. Copy of information regarding sudden cardiac arrest. 2. A copy of information regarding the CRASH Program. FISCAL NOTES The $2,707 is available in this FY budget. m . Community Resources to Help Save Lives What You Need to Know about Sudden Cardiac Arrest Did you know that each year in the United States, 250,000-adults die from sudden cardiac arrest (SCA) that occurs outside a hospital? Did you know there is a cure for most cases of SCA--prompt delivery of an electric shock to the heart? Did you know that defibrillators are most effective at restarting the heart when they are used within the first few minutes after collapse? Did you know that the average SCA survival rate in the U.S. is seven percent, but in some settings, survival rates are as high as 50%? Did you know that automated external defibrillators (AEDs) can be used safely and effectively by almost anyone with just a few hours of training? Did you know that state and federal Good Samaritan laws protect persons who use AEDs in good faith? Did you know that the target timeframe from the time the victim collapses until delivery of the first shock is five minutes, and even the best emergency medical services (EMS) systems cannot always get to the scene of an emergency this quickly? Did you know that more and more community responders are being trained and equipped with AEDs, including public safety personnel (police, fire and EMS), security guards, flight attendants, athletic trainers, lifeguards, ship crews, ski patrol and retirement community staff? Does your community have an effective, integrated system for rapid delivery of defibrillation? If you or a loved one collapsed right now, how long would it take before a defibrillator was on the scene? To learn more about how you can help improve survival from sudden cardiac arrest in your community, contact the National Center for Early Defibrillation. Why? Because so many more can survive!Tm www.early-defib.org • 1-866-AED-INFO toll-free ql M WAOM", M (10111 To: Chief Ron Goodpaster From: Glen Scruggs CC: Date: 9/6/02 Re: CRASH Sir, I am writing this memo to request that the purchase of CRASH be included in the Department's block grant proposal. CRASH consists of forty traffic safety activities that are integrated into a school's science and math programs. CRASH uses automobile crashes as a basis for teaching physics, physical science, biology, math, and driver's education topics at a high school level. As an example one of CRASH's lesson plans allows student's to reconstruct an "accident' staged by an officer. The students measure the "accident's" skid marks and use a drag sled to measure the pavement's friction. The students compare their findings to statements from a police officer's report. Two very different goals are met with this instruction. The school's goal of educating their students in the application of classroom leaming is met. Our department's goal of educating students in the necessity of safe driving and the nature of police work is also met. CRASH offers us a very viable opportunity to partner with Tigard High School in a portion of the educational process. I have talked about CRASH with teachers at both Tigard High School and ABLE. Every teacher I have spoken to has been excited about implementing this instruction. I have attached a list of materials and activities that are provided when CRASH is purchased. CRASH costs $800.00 and can be purchased via the Internet or mail order. i If you have any questions please do not hesitate to contact me. Further information about CRASH can also be seen at www.legalsciences.com. Cordially, Glen Scruggs 1