City Council Packet - 05/23/2006
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
May 23, 2006
COUNCIL MEETING WILL BE TELEVISED
1:\Ofs\Donna's\Ccpkt3
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
TIGARD CITY COUNCIL
MEETING
MAY 23, 2006 6:30 p.m. ~j -
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 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. Citizen
Communication 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 503-639-4171,
ext. 2410 (voice) or 503-684-2772 (IDD - 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 by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - MAY 233 2006 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
6:30 PM
• STUDY SESSION
> Public Internet Access at the Library
• Library Staff
> Regulations Requiring Annual Residential Backflow Device Inspections
• Public Works Staff
> Police Car Markings
• Police Staff
> Entrance Signs
• Public Works Staff
• 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(4), 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 & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
• Report from the Mayor and Council Members on the National League of Cities
Congressional City Conference
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. PROCLAMATIONS
2.1 Proclaim June 3 and 4, 2006 as Tualatin River National Wildlife Refuge Grand
Opening Weekend in the City of Tigard
• Mayor Dirksen
COUNCIL AGENDA - MAY 23, 2006 page 2
7:40 PM
3. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard Area Chamber of Commerce Representative
• Follow-up to Previous Citizen Communication
7:50 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 Authorize the City Manager to Sign Dedication Deeds for a Proposed Extension of
Wall Street - Resolution No. 06-
4.2 Authorize the City Manager to Sign a Dedication Deed Transferring Title of Reserve
Access Strips to the Public - Resolution No. 06-
4.3 Local Contract Review Board
a. Approve Purchase of Replacement Pipeline Video Inspection Van from Pearpoint
b. Award Engineering Services Contract for Proposed Local Improvement District in
the Tigard Triangle to Group Mackenzie
• Consent Agenda - Items Removed for Soarate Discussion. Any items requested to be removed firm
the Consent Agenda for separate discussion will be considered immediately after the Council has voted
on those items which do not need discussion.
7:55 PM
5. ACKNOWLEDGE EXCELLENCE IN COMMUNICATION AND CONSERVATION
AWARD FOR THE TIGARD'S WATER CONSERVATION CALENDAR
• Staff Report: Public Works Staff
8:00 PM
6. FORMAL GRADUATION OF VOLUNTEERS AND CITY STAFF FOR SUCCESSFUL
COMPLETION OF THE CITY'S COMMUNITY EMERGENCY RESPONSE TEAM
(CERT) PROGRAM
• Staff Report: Public Works Staff
8:15 PM
7. ADOPT TIGARD POLICE OFFICERS ASSOCIATION COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD POLICE
OFFICERS ASSOCIATION AND AUTHORIZE THE CITY MANAGER TO SIGN
THE AGREEMENT
• Staff Report: Administration Staff
• Council Discussion
• Council Consideration: Resolution No. 06-
COUNCIL AGENDA - MAY 23, 2006 page 3
8:20 PM
8. CONSIDER NAMING THE COOK PARK BASEBALL FIELDS THE "JOHN
ANDERSON BASEBALL FIELDS"
• Staff Report: Public Works Staff
• Council Discussion
• Council Consideration: Resolution No. 06-
8:30 PM
9. ACCEPT DEDICATED OPEN SPACE FROM VENTURE PROPERTIES, INC.
• Staff Report: Public Works Staff
• Council Discussion
• Council Consideration: Motion to accept the dedicated property and authorize the City
Engineer to sign the dedication deed on behalf of the City of Tigard.
8:40 PM
10. APPROVE CITY OF PORTLAND WATER CONTRACT
• Staff Report: Public Works Staff
• Council Discussion
• Council Consideration: Motion to approve the City of Portland Water Contract
9:(A) PM
11. APPROVE AMENDMENT TO THE TIGARD MUNICIPAL CODE BY ADDING A
DEFINITION OF "CITY ENGINEER" (SECTION 1.04.010)
• Staff Report: Administration Staff
• Council Discussion
• Council Consideration: Ordinance No. 06-
9:15 PM
12. COUNCIL LIAISON REPORTS
13. NON AGENDA ITEMS
14. 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(4), 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.
9:25 PM
15. ADJOURNMENT
1Aedm\calhybcal20081000523.doc
COUNCIL AGENDA - MAY 23, 2006 page 4
STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
May 23, 2006 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
• STUDY SESSION
> Public Internet Access at the Library
• Library Staff
> Regulations Requiring Annual Residential Backflow Device Inspections
• Public Works Staff
> Police Car Markings
• Police Staff
> Entrance Signs
• Public Works Staff
• 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(4), 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.
• ADMINISTRATIVE ITEMS
> Reminder: 511, Tuesday is May 30, 7-9 p.m. in the Tigard Water Auditorium. Deputy Recorder
Carol Krager will attend to take notes.
Council Calendar
May
29 Monday Memorial Day Holiday - City Offices Closed
30 Tuesday Fifth Tuesday Council Meeting - 7-9 pm, Tigard Water Auditorium
June
13* Tuesday Council Business Meeting - 6:30 pm, Town Hall
16-18 Fri-Sun Tigard Festival of Balloons
19 Monday Joint Meeting with Tigard-Tualatin School Board; City Councils from Tualatin, King
City, and Durham; 6:30 or 7 (Time TBA) - School District Offices at 6960 SW Sandburg
Street, Tigard, OR 97223
20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
27* Tuesday Council Business Meeting - 6:30 pm, Town Hall
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive 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 (2) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.)
192.660 (2) (e) - Real property transaction negotiations.
192.660 (2) (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 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the
governing body is competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and
duties regarding current litigation or litigation likely to be filed.
192.660 (2) (i) - 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 (2) 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 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
iladmtcathytcca ss12006ID60523ps.doc
Tigard City Council Tentative Agenda 2006
Meeting Date: May 23, 2006 Meeting Date: May 30, 2006 Meeting Date: June 13, 2006
Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: 5th Tues/7 PM Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: Water Building Aud. Location: City Hall
Greeter: Dan Plaza Greeter. Greeter:
Materials Due @ 5: May 9, 2006 Materials Due @ 5: May 16, 2006 Materials Due @ 5: May 30, 2006
Councilor Wilson will be absent.
Study Session Fifth Tuesday Meeting Study Session
Pub. Internet Access - Library - Margaret - 20 min. Briefing on Emergency Exercise-Dennis 10 min.
Regs - Backflow Dev. Inspections - Brian -15 min. Exec. Session - City Manager Review - 30 min.
Police Car Markings - B. Dickinson -10 min. Report on Potential MTIP projects - Duane R
Entrance Signs - Carla -10 min. & Phil N. - 5 min.
Consent Agenda
Consent Agenda Approve Bud. Amend. #13 -Michelle W.-RES
LCRB- Purch. of Pipeline Video Truck-Dennis K. Forward Urban Ren. Plan to CCDA - Phil N.
LCRB - Award Tig. Triangle LID Engineering CCDA - Approve recording Urban Renewal-Phil N
Contract - Gus D. LCRB-Award Hall Blvd Sidewalk Contract - Gus D.
City Mgr. to Sign Wall St. Deeds - Gus. D - RES Business Meeting
City Mgr. to Sign Res. Strip Transfers. - Gus- RES Briefing on Emergency Response Exercise
Business Meeting Scheduled for June 14 - Dennis K. - 5 min.
Proclamation Declaring June 3 & 4, 2006, as Meridian Park Hospital Presentation on Com-
'Tualatin River Nat] Wildlife Refuge Grand Open- munity Resources and Outreach - Liz N.-15 min.
ing Weekend" in the City of Tigard - Duane R.-5 Approve CIP for FY 2006-07 - PH - PPT -
Acknowledge Water Conservation Calendar Gus D. -10 min.
Award - Dennis K. - 5 min. Certify City provides Services Qualifying for
Formal Graduation of Tiigard's Community State Shared Revs - RES - Bob S. -10 min.
Emergency Response Team - Dennis K.-15 min. Declare City's Election to Receive State
Adopt City of Tigard/TPOA Collective Revenues - PH - RES - Bob S. -10 min.
Bargaining Agreement - Sandy Z. - 5 min. Adopt FY 2006-07 Budget - PH - RES
Name Cook Park Baseball Fields in Honor Bob S.- 40 min.
of John Anderson- RES - Dan P. -10 min. Adopt Citywide Master Fees and Charges
Accept Dedicated Open Space from Venture Schedule - Michelle W. - RES -15 min.
Properties, Inc. - Dan P. -10 min. - MO Adopt Metro's Temporary Const Excise Tax
Consider Portland Water Contract - MO Bob S. & Mike Jordan (Metro) - IGA -15 mina
Dennis K. - 20 min.
Time Avail: 135 min. - Time Scheduled: 70 min. Time Avail: 135 min. - Time Scheduled: 135 min.
Time Left: 65 min. Time Left: 0 min.
5/23/2006. 1
Tigard City Council Tentative Agenda 2006
Meeting Date: June 19, 2006 Meeting Date: June 20,-2006 Meeting Date: June 27, 2006
Meeting Type/Time: TBA Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: School District Location: City Hall Location: City Hall
Headquarters Greeter. Greeter.
Materials Due @ 5: Materials Due @ 5: June 6, 2006 Materials Due @ 5: June 13, 2006
Councilor Woodruff will not be attending
Workshop Agenda Study Session
Bull Mt. City Discussion - Craig P. - 30 min. Review Council Groundrules = Craig P. -
Joint Meeting with Tigard-Tualatin School Community Survey Results - Tom C.- 45 min. 15 min.
District and Durham, King City and Tualatin Metro Poll on Attitudes Toward Growth
and Land Use - Tom C. - 10 min.
Downtown Implementation Strategy -
Tom C./Phil N. - 45 min. Consent Agenda
Senior Center Lease - Loreen
Authorize Submittal of MTIP Project
Proposals - Duane R. - RES
Business Meeting
Quarterly Emergency Management Program
Update - Mike L. 10 min.
Summary - Community Survey Results -
Tom C. - 20 min.
TVF&R - Deployment Report and Jack Park
Fire Station - Bill D. - 30 min.
Report on TVF&R Community Academy -
Craig D., Craig P. - 20 min.
Approve TMC Revisions Incorporating a -
Privilege Tax - Nancy W. - 25 min. - ORD
Approve TMC Revisions Incorporating a ROW
Preservation & Restoration Policy - Nancy W.-
25 min. - ORD
Amend Ordinance 06-04's Map to Match
Wilson Ridge Legal Description-Tom C. ORD
- 5 min.
Time Avail: 200 min. - Time Scheduled: 130 min. Time Avail: 135 min. - Time Scheduled: 135 min.
Time Left 70 min. Time Left: 0 min.
5/23/2006
Tigard City Council Tentative Agenda 2006
Meeting Date: July 11, 2006 Meeting Date: July 18, 2006 Meeting Date: July 25, 2006 '
Meeting Type/Time: Business/6:30 p.m. Meeting Typefrime: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
Greeter: Tom I. Greeter. Greeter:
Materials Due @ 5: June 27, 2006 Materials Due @ 5: July 4, 2006 Materials Due @ 5: July 11, 2006
Study Session Workshop Agenda Study Session
Comprehensive Plan Update: Citizen Issues and
Values Summary - Beth St. A. - 30 min.
Consent Agenda Consent Agenda
Volunteer Worker's Compensation Coverage -
Loreen
Business Meeting Business Meeting
2nd Quarter Goal Update - Craig P./Joanne -
5 min.-
Time Avail: 135 min. -Time Scheduled: min. Time Avail: 200 min. - Time Scheduled: 45 min. Time Avail: 135 min. - Time Scheduled: 5 min.
Time Left: min. Time Let 155 min. Time Left: 130 min.
5/23/2006 1
S+Lud,g
Agenda Item # Semis o Dom.
Meeting Date 5/23/06
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Public Internet Access at the Libra
Prepared By: Margaret Barnes Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Council requested additional clarification on public internet access at the library.
• On 4/25/06 Council approved by consent an agreement with Washington County Cooperative Library
Services (WCCLS) that allows the County to install an internet filtering system on library computers.
• This system will be installed on the second floor computers in the adult area. It will give people a choice
whether or not to filter their Internet sessions. The computers in the children's area will remain. filtered as they
have been.
• The Tigard Library has never filtered its adult computers, but believes it is appropriate to offer users a choice of
filters from a drop-down menu.
STAFF RECOMMENDATION
Allow WCCLS to install the filtering system and continue the library's existing policy by maintaining the current level of
filtering as the default. Provide patrons the option to select Adult or Child filters from the drop-down menu.
KEY FACTS AND INFORMATION SUMMARY
• The Tigard Library has had unfiltered terminals for more than a decade. During that time it has received few
complaints about Internet content.
• At its May 11 meeting, the Library Board voted unanimously to reaffirm the Library's existing policy and
recommended continuing unfiltered access as the default option with the goal of providing open, free access to
information. The Board also supported a simple way for patrons to access filters. By providing a choice, the
system will allow the library to fulfill its mission to provide a wide range of perspectives, materials and opinions
while also providing individuals with an option.
• No filtering system is fool-proof Even the most respected filters screen out some legitimate sites.
• Of 127 comments about the Internet in the Library's annual survey this year, only two comments mentioned
Internet content. One of them recommended more filtered computers in the Children's area; the other
recommended blocking unsavory content. The majority of comments about the Internet are from patrons
requesting more work stations or longer sessions. The Library has also received one letter supporting Internet
filtering.
• Although the filtering system will be installed by WCCLS, each library can choose its own default setting. For
their adult computers, three libraries, including Tigard, have selected the unfiltered option for the default; five
libraries have selected the adult filtered option, and three libraries have chosen not to install the new system.
OTHER ALTERNATIVES CONSIDERED
1. Maintain the existing system that provides no option for filters.
2. Filter all stations, which could deny users access to critical information or to controversial material needed for
educational purposes.
3. Replace existing screens on the monitors with the ones that obscure the screen more; thus preventing people in
close proximity to the terminals from witnessing what others are viewing.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Vision Task Force Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and
services for all ages.
ATTACHMENT LIST
3/29/06 Memo: Internet Use at the Library
Screen print example of drop-down menu
FISCAL NOTES
No financial impact unless additional equipment, such as screens, are added. WCCLS is paying the cost of installing the
system.
Embedded here is a screen shot example of how the integration of the internet filter device and
SAM time management will look to the end-user patron. This is a mock-up since we do not yet
have the filter device in-house, but it provides a visual showing how the default and the drop-
down menu will work. The SAM personal session timer has an additional drop-down menu called
"Access Level Selections." That is where the Policy Group's choices of Unfiltered, Adult Filtered,
and Child Filtered will appear as configured for each SAM virtual branch or zone. The user would
then have the option to select the access level most comfortable and appropriate to her/him. In
this example, the default is called "Full Access."
Where the user has no choice the drop-down list will not open to anything. There is not a
technical option to add a "librarian only"access level. The access level either does or does not
provide choice. As you know, both groups and individuals continue to bring lawsuits related to
both over-blocking and under-blocking.
The overall blocked categories are set at the system level. That is why all member libraries had
to agree on the definitions for our blocking categories: Unfiltered, Adult Filtered, and Child
Filtered. Any alteration of those definitions requires a group discussion/decision. In addition, if
we believe that the filter device vendor has made an error in categorizing a specific URL, we may
make appeal to the vendor for review of that URL.
Barbara Kesel, Library Automation Systems Supervisor
Washington County Cooperative Library Services
503-846-3238
Internet
Explorer
Library Internet Access Program
Internet Access Manager
Nmsw: Vi;3or Visitu
T'ure Remaring: 1:00 {how;min►
Current Access Levek Full Access
AcceasLevelSelect6ons; FrElAeceu
End Session
Lock F'C Minlr*.
Session Started.
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CUPY
MEMORANDUM.
TO: Honorable Mayor and City Council
FROM: Margaret Barnes, Library Director
RE:.. Internet Use at the Library
C: Craig Prosser, City Manager
DATE: March 29, 2006
The Tigard library' has provided access to the Internet for approximately ten years. Members of the
community have expressed strong support for this valued resource as evidenced by their responses
to the Library's annual surveys. In the 2005 survey, "computers" and "the-Internee, were the most
popular response to the question: What is your favorite aspect of the new library? That response
outnumbered the second most popular response by nearly a 2 to 1 margin.
With the move to the new library, the use of this resource has skyrocketed with approximately
10,000 users a month using the stations. It was also the most popular response in the 2006 survey.
.Positive comments about the service outnumbered negative comments by 6 to 1. Most of the
"negative" comments involved wanting more access and more computers. Only one-comment in
.106 addressed Internet content.
The Library Board and Library staff are committed to helping everyone have an enjoyable,
successful library visit. They regularly review the Internet Acceptable Use Policy, Library Use
Guidelines and the Public Computer Rules to ensure these policies and procedures meet the needs
and rights of each individual user.
Individuals have different levels of comfort and expertise in searching the Internet. The Tigard
Library has worked with other libraries in WCCLS during the past year to investigate the option of a
filter system. While no filter system is fool-proof, our libraries want to offer this option to
individuals. Although filtering often denies an individual access to critical information or to
controversial material for educational purposes, the libraries have concluded that people deserve a
choice.
This system is scheduled to be installed in the next few months. The Internet stations on the second
floor 'of the library will provide individuals with a choice of selecting a filtered or non-filtered
session. The old library had one filtered Internet station for children to use. In the new library all
Internet stations in the Children's Room are filtered and would remain so.
Infrequent instances of inappropriate use of the Internet stations have been addressed
conscientiously by.the staff and have resulted in the exclusion of some individuals from. the library:
Considering the number of users accessing the Internet per month, the percentage of such instances
is extremely'low. The majority of comments regarding the.. Internet concern the desire for more
time for an individual'session, the ability to download even faster or requests for even more
computers. The library currently has about 66 Internet stations available to the public.
The Internet has become a preferred resource for research. It provides a wealth of information for
our community---from job information, to college registration; to the latest stock prices and current
medical information.. It also contains inaccurate sites or those that may be perceived as controversial
or inappropriate by an individual user.. Our professional librarians can help guide users toward
accurate, authoritative sites if requested. The Internet is merely a part of the entire library collection,
which provides a broad range of information. on a variety of topics.
A basic premise of public libraries is that each individual has the ability to choose what they want to
view or read: The role of the public library in the 21" Century is to continue to provide materials for
both education and entertainment. Accomplishing this mission may at times result in confusion or
misunderstanding. 'As a public institution. the Library and the City then have a responsibility to
educate the community about the critical role of its public library in providing access to a wide
spectrum of information and resources:
Agenda Item No. S+U& S ;
Meeting of , a3 , C®
MEMORANDUM
TIGARD
TO: The Honorable Mayor and City Council
FROM: Brian Rager, Assistant Public Works Director
RE: Residential Cross Connection and Backflow Program
DATE: May 23, 2006
Attached is a memorandum from John Goodrich that outlines the state and local regulations
concerning cross connection control and backflow prevention. The Public Works
Department currently administers a program that targets commercial water customers and is
also required to administer a similar program for residential customers.
We would like to visit with the Council and inform them of the regulations and how the
Public Works Department will administer the residential portion of the program.
Attachment: Memo from John Goodrich, dated April 13, 2006
MEMORANDUM
TIGARD
TO: Dennis Koellermeier, Public Works Director
FROM John Goodrich
DATE: April 13, 2006
RE: Residential Backflow Prevention Program
The following information pertaining to the City of Tigard Annual Residential Backflow
Prevention Devices Testing Program is provided below for your information and as a tool
regarding questions that pertain to the program:
These are the Compliance Rules and Regulations driving this program:
OAR 333-061-0070 (Tanuary 31, 2006) - Cross Connection Control Requirements
The water supplier shall ensure that inspection of approved air gaps and/or inspections and
tests of approved backflow prevention assemblies protecting the public water system are
conducted:
• At the time of installation, any repair or relocation;
• At least annually;
• More frequently than annually for approved backflow prevention assemblies that
repeatedly fail, or are protecting health hazard cross connection, as determined by the
water supplier;
• After a backflow incident; or
• After an approved air gap is re-plumbed.
Tigard Municipal Code
Cross Connection Control Program
"The purpose of this section is to protect the water supply of the City from contamination
or pollution from potential cross connections; and to assure that approved backflow devices
are tested annually... "
Anticipated Impact to City Staff:
Currently the City has one full time employee (FTE) designated as a Water Quality Program
Coordinator that has the job duty of coordinating and monitoring the City's Cross
Connection Program. This program is currently monitoring and insuring annual testing of
1,734 backflow assemblies within the commercial accounts:
• Utilizing a computer maintenance management system (CLAIMS Hansen) to track and
record current installed backflow devices.
• Tracking installation of new commercial account backflow devices
• Performed annual testing for City's backflow assemblies and record-keeping of these
devices
• Enforcement of non-compliance to the City and State rules and regulations regarding
commercial backflow devices.
• Answering inquiries and provide information regarding cross connection, backflow
prevention and annual testing compliance requirements to residents of Tigard
• Entering data and maintaining the inventory of residential backflow into the
computer maintenance management system as they are received for providing
customer service. Currently approximately 500 residential customers now test
annually with reports being received and tracked within the CMMS.
The current program also has approximately 1,900 residential backflow devices registered
with the computer maintenance management system. These additional backflow devices are
being added to the tracking system as they are installed through the City Permit process
regarding Plumbing Codes.
In order to insure monitoring and testing to meet current compliance rules and regulations,
the Water Quality Program Coordinator is:
• Sending out approximately 1,900 letters with additional public awareness brochures
to the registered residential customers with backflow devices at their premises.
• Anticipating phone inquiries regarding compliance requirements, testing procedures
and other customer questions regarding backflow prevention testing.
• Entering data into the computer maintenance management system to track
compliance tests as they are received.
• Send out follow up letters to remind customers about compliance and backflow
testing requirements.
Public Works staff does not anticipate that these additional demands to monitor code
compliance regarding residential customers will impact the current level of service provided
to customers or require any additional staffing levels except for the current 1 FTE Water
Quality Program Coordinator.
J
Future Impacts and Questions to the City regarding this program are:
Shall Public Works staff conduct surreys zed dx wrote area of midevial irrigation systans to record
those customers without approudpemria& backflow pr wztion devices?
At this time we are not anticipating conducting any surveys of illegal, unapproved or
inadequate backflow prevention devices. Public Works staff is encouraged to observe and
note any discrepancies in plumbing requirements regarding public safety when working
within the community for further action. We are seeking compliance of those devices that
are approved and permitted within the system to meet code requirements of annual testing.
What will be the mfortrrnerrt of non l ix of residential customers regarding arnnral testing of these
devices?
The purpose of the Cross Connection Program is to insure the safety of the public water
system. We anticipate that public awareness, consistent follow up letters reinforcing the
City's commitment to safe drinking water, personal contact with customers regarding
questions about the importance of program compliance and the final threat of loss of service
due to non-compliance will address any issues regarding enforcement. We currently use
these same techniques to insure compliance within our commercial customer accounts:
According to information provided by Tualatin Valley Water District staff, Tigard residents
who are publicly served TVWD water are already in compliance to the annual backflow
testing program requirements through TVWD letter notification and follow up procedures.
If you have any questions or need further clarification regarding the residential customer
compliance portion of the Cross Connection Control Program, please contact me or Hung
Nguyen.
John Goodrich
Water Quality and Supply Supervisor
AGENDA ITEM # SPESS i T)
FOR AGENDA OF May 23, 2006
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Presentation to Council IncogVgg&tjng Ci into Police Car Mmidng
PREPARED BY: Chief Dickinson DEPT HEAD OK t4~ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Presentation of the proposed Police Car marking designs for consideration.
STAFF RECONQ4ENDATION
Approve the new City logo design for police cars.
INFORMATION SUMMARY
The City of Tigard adopted a new brand design which is being incorporated into all City design applications. The
Police Department displays the City logo on its police cats. The Police Department has been working to incorporate
the new City logo into the exterior car markings on police cats. Chief Dickinson will present the product of the
Department's efforts to accomplish this task and seek the City Council's approval of the favored design.
OTHER ALTERNATIVES CONSIDERED
There will be alternative designs available for Council consideration.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Follow through on 2005 Council Goal - Graphic Identity.
ATTACHMENT LIST
No attachments
FISCAL NOTES
The new markings will be applied to new vehicles as they come on line, and the only additional cost will be the set
up fee for the new design.
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Agenda Item No. a,
Meeting of Z3. Dto
P
w "
ti'r PROCLAMATION
Tualatin River National Wildlife Refuge `
Grand Opening:
WHEREAS the Tualatin River National Wildlife Refuge located along the western edge of the City of
" Tigard, is a regionally significant open space preserving wetlands, riparian corridors, and other floodplain
habitats and the fish and wildlife that five In and migrate through the Tualatin River Basin; and
WHEREAS, The Tualatin River National Wildlife Refuge Is one of America's few "urban" refuges; and
°a'+n WHEREAS, the City of Tigard has supported the Tualatin River National Wildlife Refuge by donating funds,
publicizing and promoting the Refuge's grand opening ceremony, and by providing citizen volunteers to assist '
with Refuge restoration and maintenance activities; and
` WHEREAS, from its Inception, the Tualatin River National Wildlife Refuge has been a unique and broad-
based partnership between local communities, federal and state agencies, business groups, and local and
national non-profits; and y
WHEREAS, the story of this community-based Tualatin River National Wildlife Refuge visitor facilities is
nearing completion; and
WHEREAS, the Tualatin River National Wildlife Refuge will take its place among the most important
a z publicly accessible natural areas in Metropolitan Portland and Northwestern Oregon; and
„a"• w• WHEREAS, in celebration of this community dream that has been over 15 years in the making, a Grand
' Opening Celebration is planned for June 3 8T 4, 2006 at the Tualatin River National Wildlife Refuge on
State Highway 99W between Sherwood and Tigard; F
? NOW THEREFORE BE IT RESOLVED THAT 1, Craig Dirksen, Mayor of Tigard, on behalf of the entire
City Council, do hereby proclaim:
3 June 3 & 4, 2006 as ?
_ Tualatin River National Wildlife Refuge Celebration Weekend r,
For the purpose of encouraging the citizens of the City of Tigard to tour and enjoy the Refuge on the
afternoon of Saturday, June 3 and all day June 4, and in the weeks, months and years to follow.
Dated this day of 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be h
affixed. y
Craig Dirksen, Mayor r•~
City of Tigard `J
Attest:
City Recorder
T 9-o
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5- Z) 3.OCp
Tigard High Leadership
9000 SW Durham Road • Tigard • Oregon- 97224
(503) 431-5518 • FAX (503) 431-5410 http://ths.ttsd.kl2.or.us/leadership/home.html
City Council Student Report: May 23,2006
2OO'S20Ofi Student Envoy: Jasmina Dizdarevic
~'"Notting f
[ess.' I. Academics
.r. a. Seniors have 11
days of school left
:Activities:: b. Teachers are preparing for finals week
ua;Xaa'' II . Athletics
a. Qualified Courtney Schild, Chase Dalton, Nikka
Prgsfent r Villamonte-Lyons, Casey Clem, Scott Grady, Andrew
Krsta:Fol Stuckey, Alex Florence, Robert Wagner, Justin Karr to State
wce Presderi Track meet this weekend in Eugene
]IlianAlalkr b. Girls Tennis: hoping to do better next year!
c. Boys tennis: Anthony Brittenbach qualified for State
d. Softball: finished 8-8 in league
sr e. Baseball: Won their playoff game against South Eugene
Dzdaevci: last night 14-3
III . Arts
':Karyn5lva` a. Choir
i. Final Concert tonight May 23
Treasur' b. Band
fCtarlie5andtio ;A; i. Final Concert on Thursday May 25
ti: c. Theatre
Human:Relatons; i. Advanced Theatre Showcase on June 1st
stepl'anie5t'i.'etcts: IV. ACTIVITIES
Assembles a. Elementary Teacher Breakfast from 7-8am in the library
]agSpgclt; b. Leadership Awards Night Wednesday, May 25tH
c. Senior Awards Night Monday, May 30th in the Auditorium
Spirit.;: d. THS Carnival Saturday, June 3rd from 11 am-4pm
~aileRorine e. Graduation Ceremony Friday, June 9th at 7:30pm
T~c11;C4oird.`i•.rilator
uferier.:;'
AUA- "'R
Agenda Item No. 3, 1
For Agenda of CP . a CAP
Tigard City Council Meeting Minutes
Date: May 23, 2006
Time: 6:30 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard, Tigard Oregon
Attending: Mayor Craig Dirksen
Councilor Sally Harding
Councilor Sydney Sherwood
Councilor Tom Woodruff
Absent: Councilor Nick Wilson
Agenda Item Discussion & Comments Action Items follow u
Study Session Public Internet Access at the Library After discussion on filtering
system pros and cons, the
Library Director Barnes introduced this item. Also majority of Council members
present were Library Board members Jan Thenell present agreed that the default
and Brian Kelly. Council had requested additional position (on computers in the
clarification on public internet access at the Library. adult section of the Library)
On April 25, 2006 Council approved on the consent shall be set to the adult filters
agenda, an agreement with Washington County with a drop-down menu
Cooperative Library Services that allows the County available allowing patrons to
to install an internet filtering system on library select an unfiltered option.
computers. The proposal was to install the system
on the second floor computers in the adult area and
to give people a choice whether or not to filter their
internet sessions. The computers in the children's
area will remain filtered as they have been. The
library has never filtered its adult computers, but
believes it is appropriate to offer users a choice of
filters from a drop-down menu. Jan Thenell and
Brian Kelly indicated that the Board supports
continuation of the Library's existing policy of
maintaining the current level of filtering as the
default option. Patrons would have the option to
select adult or child filters from a drop-down menu.
Support from those who wished to have unfiltered
terminals included concerns that access not be
filtered or impeded. The Tigard Library has had
unfiltered terminals for a more than a decade.
City Council Minutes -May 23, 2006 Page 1
Agenda Item Discussion & Comments Action Items follow u
During that time it has received few complaints
about internet content. Even the most respected
filters screen out some legitimate sites.
Those who supported the adult filters on the
computers in the adult section cited that it was best
to err on the side of caution. Either default option
provides a choice. Educating the public was stressed
on both sides of the argument. Users should be
educated on how to use the internet and assistance
can be requested from library staff.
The City Attorney advised that whichever way the
City chooses to proceed, the user has a choice. The
City will need to be especially careful to let the user
know how to turn the filters on or off.
Regulations Requiring Annual Residential Backflow
Device Inspections
Water Operations Supervisor Goodrich and
Assistant Public Works Director Rager shared
information with the City Council regarding the City
of Tigard's annual backflow prevention program. A
copy of an April 13, 2006 memorandum on the
program was distributed to the City Council and is
on file in the City Recorders Office. After
discussion, with it being noted that it would cost
$30-40 to test a residential backflow device, Council
consensus was for staff to proceed with the program.
There was no proposal to increase personnel because
of the implementation of this program.
Consent agenda item 4.3 a. was discussed: Approve
Purchase of a Replacement Pipeline Video
Inspection Van from Pearpoint. In response to a
question from Councilor Harding, Assistant Public
Works Director Rager explained that the
replacement pipeline video inspection van is a new
and improved tool for use by the Public Works staff.
While at times it will be possible to use a one-man
crew for certain types of work, of other times a two-
man crew will be required.
City Council Minutes -May 23, 2006 Page 2
Agenda Item Discussion & Comments Action Items follow u
Police Car Markings
Police Chief Dickinson reviewed with Council a
number of samples of proposed police car markings
using the new City of Tigard logo. An option
identified as "No. 4" was agreed to by the City
Council members present.
In response to a question from Councilor Harding,
Police Chief Dickinson reviewed the procedures
used by police officers when making a traffic stop.
Councilor Harding relayed a question she was asked
by someone who said they were stopped by police
and a microphone was placed "in their face." This
particular traffic stop was done by a motorcycle
officer. Chief Dickinson advised that the officers
have a microphone that clips onto their pocket.
Police officers have been advised to inform people
that they are being recorded. If a stop is done in a
patrol car and the police lights are activated, the
recording system is automatically turned on.
Entrance Signs
Surface Water Quality/Volunteer Coordinator
Staedter reviewed this agenda item with the City
Council.
Examples of potential styles for entrance signs were
distributed for review and comments. It was
recommended that the entrance signs selected tie in
to the downtown elements. Ms. Staedter noted that
it would not be necessary to match signs exactly with
the downtown signage. During discussion it was
suggested that in order to move this project along,
potential entrance sign designs be shared with the
Streetscape Committee that is meeting later this
week.
There was general discussion on the preferences for
sign materials, including the expression of support
for stone or timbers. There was support for
traditional elements with plantings around the signs.
This item will be discussed further on June 13. The
Streetsca e Committee will be asked for input this
City Council Minutes -May 23, 2006 Page 3
Agenda Item Discussion & Comments Action Items follow u
week. Also, staff was directed by the City Council to
proceed with the necessary steps to select, obtain,
and prepare entrance sign sites.
Mayor Dirksen noted that he had received a request
from the Washington County Fair organizers for
nomination of an outstanding citizen to be honored.
After discussion, Council consensus was to forward
the name of Mike Mart to the Washington County
representatives.
Council reviewed the upcoming Council calendar
items including the joint meeting with the
Tigard/Tualatin School District tentatively scheduled
for June 19, and the Fifth Tuesday meeting to be
held on May 30.
City Manager Prosser noted that a letter had been
sent to the Bull Mountain Residents for
Incorporation regarding an invitation for a meeting
with the City Council to discuss the potential
incorporation of a city in the Bull Mountain area.
Their attorney, Mr. Derr, responded to the letter and
noted that the ORS citation was incorrect. Mr. Derr
said a meeting was not required; however, they do
plan to meet with the City of Tigard. No options for
dates were cited.
Citizen Gretchen Buehner advised that a vandal had
broken into her residential water system. A staff
member contacted Ms. Buehner to let her know that
a change in water usage for her account had been
noticed. If this problem was fixed, the water division
offered to reduce the water bill. Ms. Buehner
thanked the City staff for being proactive in this
matter and said she believes the water division cares
about its customers.
Study Session concluded at 7:26 p.m.
City Council Minutes -May 23, 2006 Page 4
Agenda Item Discussion & Comments Action Items follow u
Business 1.1 Mayor Dirksen called the City Council and the
Meeting Local Contract Review Board to Order at 7:30
p.m.
1.2 Council Present: Councilors Harding,
Sherwood, and Woodruff.
Council Absent: Wilson
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
Councilor Harding attended a Mayors Regional
Forum meeting. She advised that Metro's
Land Use planning and density were discussion
topics. It was her hope that jurisdictions will
start to address their density issues with Metro.
Councilor Harding noted that Big and Bulky
Waste Day is posted on the City's web site.
Vouchers can be obtained for those interested
in utilizing this service on a first-come, first-
served basis.
Mayor Dirksen invited people to attend an
informal meeting with the City Council at the
Fifth Tuesday meeting scheduled for May 30 at
the Tigard Water Building from 7-9 p.m.
Council members reported on their recent
attendance at the National League of Cities
Conference from March 11-16. All of the City
Council, except for Councilor Wilson,
attended the Conference. Councilor
Sherwood noted she was able to discuss the
Community Development Block Grant
Program with legislators, which has funded
projects for sidewalks, Senior Center
improvements, helped build the homeless
shelter, and sponsored programs for people
living below the poverty line. She noted the
benefit in getting to know the staff members
of Congressional district representatives on a
personal level so that they know who she is
when she contacts them. She also noted that
City Council Minutes -May 23, 2006 Page 5
Agenda Item Discussion & Comments Action Items follow u
she talked to Congressional representatives on
Section Eight vouchers and transportation
issues.
Councilor Woodruff commented that he
appreciated the City allowing the Council
members to attend this conference. He noted
that it was of benefit to be "shoulder to
shoulder" with people throughout the country
who are in similar circumstances as the City of
Tigard. He noted that grassroots efforts are
thriving throughout the country. He reported
attending workshops on water supply and
downtown revitalization and said it was
helpful to see how solutions to various
problems are addressed. He appreciated the
opportunity to talk with elected officials.
Councilor Harding said she agreed that the
collaboration with others was interesting and
beneficial. She noted that she was able to
connect on issues such as the Community
Development Block Grant Program,
telecommunication issues, integration,
eminent domain, economic development and
federal tax reform. She referenced community
cable television access now provided by the
Metropolitan Area Communications Division
and that there is a Bill in Congress which
might eliminate local franchising. She noted
she would continue to follow this issue and
said there was need for more clarification on
the matter.
Councilor Harding also noted she became
aware of grants available to religious and
interfaith organizations and has information
she can share with this segment of the
community. She saw several common threads
in the classes she attended including how
valuable the employees are because of their
public contact. She noted that some of the
biggest mistakes made by elected officials are
overcomplicating issues, failing to involve the
workforce in resolving issues, and "narrow
thinkin She stressed the importance of
City Council Minutes -May 23, 2006 Page 6
Agenda Item Discussion & Comments Action Items follow u
clarity and brevity in communication.
Mayor Dirksen mentioned the City's historic
involvement with the National League of
Cities and the benefit of this organization to
Tigard. Membership with the National
League of Cities gives a voice to smaller cities
that they would not have otherwise. The
NLC sponsors lobbyists to make elected
officials aware of the issues of small cities and
provides seminars and leadership training. He
noted that it is important for smaller cities to
consider the broader scope and avoid
provincial thinking.
1.5 Call to Council and Staff for Non-Agenda
Items: None
2. Mayor Dirksen proclaimed June 3 and 4, 2006,
Proclamation as Tualatin River National Wildlife Refuge
Grand Opening Weekend in the City of Tigard.
3. Citizen Tigard High School Student Envoy Jasmina
Communications Dizdarevic presented highlights of activities
for the past month at Tigard High School.
A copy of her report outline is on file in the
City Recorder's Office.
• Follow up to Previous Citizen
Communication: None
• Mayor Dirksen thanked citizens for passing
the Urban Renewal District ballot measure
in the May 16, 2006 election. He
announced that an Open House on the
Downtown Streetscape was planned for
Thursday from 7-9 p.m. at the Tigard
Libra Community Room.
4. Consent
Agenda 4.1 Authorize the City Manager to Sign Dedication Motion by Councilor
Deeds for a Proposed Extension of Wall Street Sherwood, seconded by
- Resolution No. 06-28 Councilor Woodruff, to
adopt the consent agenda.
City Council Minutes -May 23, 2006 Page 7
Agenda Item Discussion & Comments Action Items follow u
RESOLUTION NO. 06-28 - A The motion was approved
RESOLUTION AUTHORIZING THE CITY by a unanimous vote of
MANAGER TO SIGN ON BEHALF OF Council present.
THE CITY DEDICATION DEEDS FOR A
PROPOSED EXTENSION OF SW WALL Mayor Dirksen Yes
STREET Councilor Harding Yes
Councilor Woodruff Yes
4.2 Authorize the City Manager to Sign a Dedication Council Sherwood Yes
Deed Transferring Title of Reserve Access
Strips to the Public - Resolution No. 06-29
RESOLUTION NO. 06-29 - A
RESOLUTION AUTHORIZING THE CITY
MANAGER TO SIGN ON BEHALF OF
THE CITY A DEDICATION DEED
TRANSFERRING TITLE OF RESERVE
ACCESS STRIPS TO THE PUBLIC
4.3 Local Contract Review Board:
a. Approve Purchase of a Replacement
Pipeline Video Inspection Van from
Pearpoint
b. Award Engineering Services Contract for
Proposed Local Improvement District in
the Tigard Triangle to Group Mackenzie
5. Acknowledge Public Works Director Koellermeier introduced this
Excellence in item and Corianne Hart, Tigard's Water
Communication Conservation Program Coordinator. Ms. Hart
and accepted an award from the Pacific Northwest
Conservation Section of the American Waterworks Association for
Award for the Excellence in Communication and Conservation.
Tigard Water This is the fourth year the City's conservation
Conservation calendar has earned this award. Ms. Hart noted that
Calendar. 2,500 copies were created and all distributed by
February. Information on Tigard's Water
Conservation Program can be found on Tigard's
website. The calendar features artwork by elementary
students in the Tigard Water Service area as well as
from Tigard's sister city in Balikpapan, Indonesia. In
addition to the artwork, the calendar is filled with
water conservation tips, facts and fun activities.
City Manager Prosser added that he appreciated Ms.
Hart's work on the calendar. He noted that he
City Council Minutes -May 23, 2006 Page 8
Agenda Item Discussion & Comments Action Items follow u
recently traveled to Indonesia and presented a supply
of calendars to a teacher involved in the program
with the City of Tigard. The calendars were very
well received.
The federal government asked Tigard to help the
community in Indonesia improve their water system.
Tigard's efforts were focused on education and water
conservation in schools.
6. Formal Public Works Program Assistant Lueck introduced
Graduation of this agenda item. The purpose was to recognize
Volunteers and volunteers and city staff for their successful
City Staff for completion of the City's CERT program. To date,
Successful 52 CERT volunteers have graduated. Mr. Lueck
Completion of read the names of city staff and community
the City's volunteers who recently completed the CERT
Community program. The graduation list is on file in the City
Emergency Recorders Office.
Response Team
(CERT) The City is now promoting its sixth volunteer class
Program and recruiting for another city staff class. In the
event of a disaster, the training and skills that the
CERT participants receive are designed to do the
"greatest good for the greatest amount of people"
in our community. Mr. Lueck advised that there
will be a region-wide exercise on June 14.
Mr. Lueck acknowledged Cindy Eng with a
certificate. Ms. Eng was instrumental in helping
Mr. Lueck provide instruction for the program.
7. Adopt Human Resources Director Zodrow presented the Motion by Councilor
Tigard Police staff report. Woodruff, seconded by
Officers Councilor Sherwood to
Association The final terms of the agreement were reviewed adopt Resolution 06-30.
(I'POA) briefly by Ms. Zodrow. A copy of the key facts
Collective and information summary are on file in the City The motion was adopted by
Bargaining Recorder's office as well as the Collective unanimous vote of Council
Agreement Bargaining Agreement document. present.
Between the City Manager Prosser noted that the collaborative
City of Tigard bargaining process enabled the City of Tigard Mayor Dirksen Yes
and the Tigard Councilor Harding Yes
Police Officers management and TPOA representatives to come to Councilor Woodruff Yes
Association and an agreement quickly. The bargaining process Council Sherwood Yes
Authorize the usually occurs over a number of weeks; this
agreement was reached within four days of
City Council Minutes -May 23, 2006 Page 9
Agenda Item Discussion & Comments Action Items follow u
City Manager bargaining. Council members expressed
to Sign the appreciation to the TPOA bargaining team and the
Agreement City's management staff. Councilor Woodruff
noted for the viewing public, that the Council had
had discussions with the staff during the bargaining
process. He also acknowledged the TPOA
members and the management team for the good
outcome.
RESOLUTION NO. 06-30 - A RESOLUTION
ADOPTING A NEW BARGAINING
AGREEMENT BETWEEN THE CITY OF
TIGARD AND THE TIGARD POLICE
OFFICER'S ASSOCIATION AND
AUTHORIZING THE CITY MANAGER TO
SIGN.
8. Consider Parks Manager Plaza reviewed this agenda item and Motion by Councilor
Naming the identified the location of the ball fields on a map of Sherwood, seconded by
Cook Park Cook Park which was on display. The late John Councilor Harding, to adopt
Baseball Fields Anderson was an avid supporter of Tigard youth. Resolution 06-31.
the "John Mr. Plaza reviewed the numerous contributions by
Anderson Mr. Anderson in his activities with the Atfalati The motion was approved
Baseball Fields" Recreation District and his work on Cook Park by unanimous vote of
improvements including land acquisition, Council present.
installation of new athletic fields, rehabilitation of
existing fields, and the construction of a Mayor Dirksen Yes
concession/restroom building. A ceremony, Councilor Harding Yes
similar to the naming of the Nicoli Fields, will be Councilor Woodruff Yes
held during the Tigard Balloon Festival on June 18, Council Sherwood Yes
2006.
Mayor Dirksen noted he had the privilege of
knowing John Anderson and supported
recognizing Mr. Anderson for his contributions to
Tigard's youth.
RESOLUTION NO. 06-31 - A RESOLUTION
NAMING THE COOK PARK BASEBALL
FIELDS THE "JOHN ANDERSON BASEBALL
FIELDS."
9. Accept Parks Manager Plaza presented the staff report on Motion by Councilor
Dedicated this agenda item. The parcel offered by Venture Woodruff, seconded by
Open Space Properties, Inc. would be conveyed to the City by a Councilor Sherwood to
from Venture Dedication Deed that was prepared by the City accept the dedicated
Properties, Inc. Attorney. The property, located on Solistice Drive, property and authorize the
City Council Minutes -May 23, 2006 Page 10
Agenda Item Discussion & Comments Action Items follow u
is within the Summit Ridge Subdivision in the City City Engineer to sign the
of Tigard, just south of the Alberta Rider dedication deed on behalf of
Elementary School. It is possible to construct a the city.
trail on the property that in the future could link to
other trails or subdivisions in the area. Staff is The motion was approved
recommending that Council accept, by motion, the by unanimous vote of
dedicated property and authorize the City Engineer Council present.
to sign the Dedication Deed on behalf of the City.
Mayor Dirksen Yes
Mr. Plaza noted that Venture Properties did not Councilor Harding Yes
seek SDC credits for this property. In response to Councilor Woodruff Yes
Council discussion regarding the benefit for the Council Sherwood Yes
property owner, City Attorney Ramis noted that if
property is voluntarily given to the city of Tigard it
might be eligible for some tax benefit. It is up to
the applicant/ developer to decide how they would
like to handle dedication of property to the city for
park purposes.
10. Consider a Public Works Director Koellermeier presented the Motion by Councilor
Regional Water staff report on this item. Before the Council was Woodruff, seconded by
Contract with the Tigard Water Service Area Regional Water Councilor Sherwood, to
the City of Sales Agreement with the City of Portland. The approve the City of Portland
Portland current contract is set to expire June 30, 2007. Water Contract.
Tigard and the Intergovernmental Water Board are
exploring several long-term water supply options The motion was approved
that will take years to develop. An interim water by unanimous vote of
supply is needed until the long term water sources Council present.
are on-line. The Intergovernmental Water Board
unanimously endorsed the ten-year agreement. Mayor Dirksen Yes
Councilor Harding Yes
Councilor Woodruff noted that a lot of work has Councilor Woodruff Yes
gone into securing this agreement. He said that it Council Sherwood Yes
was in Tigard's best interests to have this
guaranteed water service available.
Councilor Harding complimented the staff for their
persistence in working on obtaining this agreement.
Mayor Dirksen also expressed appreciation for the
hard work on this matter.
11. Approve an City Manager Prosser gave the staff report on this Motion by Councilor
amendment to agenda item. City Code and State statutes contain Harding, seconded by
the Tigard numerous references to the term "City Engineer." Councilor Woodruff, to
Municipal Code The proposed Code amendment defines "City adopt Ordinance No. 06-06.
b Adding A En ineer" as a person designated b the City
City Council Minutes -May 23, 2006 Page 11
Agenda Item Discussion & Comments Action Items follow u
Definition of Manager to fulfill the responsibilities of City The motion was adopted by
"City Engineer, and it allows the responsibilities of the unanimous vote of Council
Engineer" City Engineer to be delegated. This change allows present.
(Section the flexibility to meet organizational needs and
1.04.010) clarifies responsibilities. Mayor Dirksen Yes
Councilor Harding Yes
City Manager Prosser noted that the City Engineer Councilor Woodruff Yes
is not necessarily a Department Head in local Council Sherwood Yes
jurisdictions but is often a member of the
Community Development or Public Works staff.
ORDINANCE NO. 06-06 - AN ORDINANCE
AMENDING THE CITY OF TIGARD
MUNICIPAL CODE BY ADDING A
DEFINITION OF "CITY ENGINEER."
12. The meeting was adjourned at 8:34 p.m. Motion by Councilor
Adjournment Sherwood, seconded by
Councilor Woodruff, to
adjourn the meeting
The motion was approved
by unanimous vote of
Council present.
Mayor Dirksen Yes
Councilor Harding Yes
Councilor Woodruff Yes
Council Sherwood Yes
rz-e
erine Wheatley, City Recorder
Attest:
. el ,
Mayor, ity of Tigard
Date:
i Aadm\Why\ccm\2008W60523.d0c
City Council Minutes -May 23, 2006 Page 12
Agenda Item # /
Meeting Date May 23, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Right-of=Way Dedication for a Portion of SW Wall Street
Prepared By: G.Berry Dept Head Okay f City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Shall City Council dedicate right-of-way for a portion of SW Wall Street?
STAFF RECOMMENDATION
That City Council approve the attached resolution authorizing the City Manager to sign the attached Dedication Deeds.
KEY FACTS AND INFORMATION SUMMARY
• The 2005-06 Fiscal Year Community Investment Program includes construction of an extension to SW Wall
Street along the south end of the library property. The street will provide access to the proposed expanded
library parking lot and to the development south of the library, Fanno Pointe Condominiums
• A portion of the proposed extension of SW Wall Street crosses City-owned property along the southerly
boundary of the library. Execution of the two attached deeds would convey this property to the public for
street purposes.
• The first deed (Exhibit 1) is required to provide right-of-way access to Fanno Pointe Condominiums. The
second deed (Exhibit 2) conveys the remaining portion of the right-of-way.
• This project also required approval of a request for a Comprehensive Plan Amendment that the City Council
heard and approved on May 9, 2006.
OTHER ALTERNATIVES CONSIDERED
None considered.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Transportation and Traffic Goal 1, Improve traffic safety; Strategy 2, Encourage through traffic on arterials: The
access for Fanno Point Condominiums will be relocated from SW Hall Boulevard, an arterial, to SW Wall Street.
Transportation and Traffic Goal 2, Improve traffic flow; Strategy 2, Look for additional points of connectivity: The
proposed right-of-way could be considered for additional extensions that would provide a point of connectivity.
The dedications enforce development standards which support Growth Management Strategy No. 1: Create infill,
increased densities to allow compatible accommodation of future growth.
ATTACHMENT LIST
Attachment 1: Proposed Resolution
Exhibit 1: Dedication deed with Exhibit A (3 pages)
Exhibit 2: Dedication deed with Exhibit A (4 pages)
FISCAL NOTES
The dedication will not require funding.
i:\eng\2004-2005 ty cip\wall st & library parldng lot\5-230 wall st right of way\5-23-05 wall st dedication ais.doc
Agenda Item # 41.
Meeting Date MU 23, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Dedication of Reserve Access Strips to the Public for Street Purposes
JUP
y Dept Head Okay t-City Mgr Okay
Prepared By: G.Berr
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Shall City Council dedicate certain reserve access strips to the public for street purposes?
STAFF RECOMMENDATION
That City Council approve the attached resolution authorizing the City Manager to sign the attached Dedication Deed.
KEY FACTS AND INFORMATION SUMMARY
• The Scheckla Park Estates subdivision plat, recorded in 1980, conveyed to the City reserve access strips at the
ends of two streets as required by the Community Development Code in effect at the time. The County
Surveyor has indicated that the reserve access strips need to be dedicated to the public for street purposes when
the streets are extended.
• The two street extensions have been authorized by the City through the development approval for the Lady
Apple subdivision.
• With the extension of the streets, the reserve strips should now be conveyed to the public for street purposes.
• Approval of the attached resolution will authorize the City Manager to sign the attached deed conveying the
reserve strips to the public for street purposes.
The purpose of reserve strips was to discourage unauthorized street extensions into parcels adjacent to completed
subdivisions. The current Community Development Code no longer requires reserve strips.
OTHER ALTERNATIVES CONSIDERED
None considered.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The dedications enforce development standards which support Growth Management Strategy No. 1: Create infill,
increased densities to allow compatible accommodation of future growth.
ATTACHMENT LIST
Attachment 1: Proposed Resolution
Exhibit 1: Dedication deed
Exhibit 2: Map
FISCAL NOTES
The dedications will not require funding.
i:\eng\pdvate development projects\lady apple sub eng2005-00054 - p\reserve stdps\5-23-06 reserve strip dedication ais.doc
Agenda Item # Lb c-.
Meeting Date May 23, 2006
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City of Tigard, Oregon
Issue/Agenda Title Consider the Purchase of a Replacement Pipeline V' o Inspection Van from Pe int
Prepared By: Dennis Koellermeier Dept Head Okay 61V~ City Mgr Okay 02
ISSUE BEFORE THE LCRB AND KEY FACTS
■ Consider the purchase.
■ The pipeline video inspection van is used on a daily basis to inspect sanitary sewer and storm water systems.
■ This purchase represents a scheduled replacement of the city's 1990 pipeline video inspection van.
■ The new pipeline video inspection van offers: new technology, easier operation, the ability to perform repairs
in-house, and added safety features.
STAFF RECOMMENDATION
Approve the purchase of pipeline video inspection van.
KEY FACTS AND INFORMATION SUMMARY
This purchase represents a scheduled replacement of the city's 1990 pipeline video inspection van as identified in the
FY 05/06 budget. The pipeline video inspection van is an essential vehicle in the city's fleet and is used on a daily basis
to inspect and identify problems within the sanitary sewer and storm water systems. Additionally, Clean Water Services
sets a goal that the City inspect its entire sewer and storm system every seven years.
A request for proposal (RFI') was advertised and the City received responses from the following four vendors: Aries,
Cues, Peatpoint and RS Technical. A selection committee made up of public works staff attended demonstrations from
all four vendors and evaluated them on the following criteria.
■ Technological advancements, including coaxial cable connections to the camera and tractor units
• Maneuverability of the camera/tractor units in pipelines
■ Training of staff included in the price of the equipment
■ Customer service
■ Durability and reliability
■ Ease of maintenance
The selection committee ranked the four vendors, based upon the above-mentioned criteria, as follows:
1. Peaxpoint
2. Cues/RS Technical (tied)
3. Aries
The committee unanimously selected the Pearpoint pipeline video inspection van as their top choice. They found that
the Pearpoint equipment:
■ is more technologically advanced than other models with a better connection between the camera and the
coaxial cable reel, less exposed wiring, and a self contained camera.
■ is easier to run for a one-person operation.
■ has a more compact camera and tractor which offers greater maneuverability.
■ requires less maintenance and is easier to repair.
■ comes with an initial one-week, in-house training for all staff who use the equipment.
■ includes additional staff training on how to perform in-house repairs which will reduce repair costs and
equipment down time.
■ is more rugged/durable and will be the most cost effective choice when considering the life span of the
equipment.
■ has added safety features including an explosion proof system and auto stop coaxial reel.
Staff contacted numerous municipalities who have purchased Pearpoint pipeline video inspection vans and they all gave
the equipment, customer service and training excellent reviews. Overall, each municipality has been very pleased with
Pearpoint and plans to continue purchasing their equipment.
OTHER ALTERNATIVES CONSIDERED
Not to authorize the purchase.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None.
ATTACHMENT LIST
None.
FISCAL NOTES
The cost of the new pipeline video inspection van is $159,691. There is sufficient money in the budget; the FY 05/06
budget had $170,000 allocated for this purchase. Because delivery of this equipment can not occur before July 1, 2006,
these funds have been carried over into the FY 06/07 budget.
Agenda Item
Meeting Date May 23, 2006
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City of Tigard, Oregon
Issue/Agenda Title Award of a Contract for Engineering Services for a Proposed Local Improvement District in the
Tigard Triangle
Prepared By: G Be= ~ Dept Head Okay City Mgr Okay
ISSUE BEFORE THE LCRB AND KEY FACTS
Shall the Local Contract Review Board approve the award of a contract for engineering services to Group Mackenzie in
the amount of $242,303.
Award of contracts exceeding $50,000 require approval by the Local Contract Review Board.
STAFF RECOMMENDATION
That the Local Contract Review Board approve, by motion, the award of the contract to Group Mackenzie in the
amount of $242,303. Notice to Proceed for Phase 1 to prepare the Preliminary Engineer's Report will be given
following the award. The subsequent phases of the contract will not proceed unless the LID is formed.
KEY FACTS AND INFORMATION SUMMARY
• On February 28, 2006, the City Council approved Resolution No. 06-10 directing the preparation of a
Preliminary Engineer's Report for a proposed Local Improvement District (LID) in the Tigard Triangle.
• Approval of the proposed contract will authorize Group Mackenzie, an engineering consulting fern, to prepare
the report.
• The consultant was selected through a competitive process approved by the City Council on April 25, 2006 for
as-required engineering services.
• The contract amount is intended to cover the entire project including the construction phase. However, if the
contract is awarded, a notice to proceed only for the first phase of the project to prepare the Preliminary
Engineer's Report will be issued. This portion of the project is expected to cost $72,500. (This amount
includes $70,500 for fees and $2,000 for reimbursable expenses). If the City Council establishes the LID, a
notice to proceed with the remainder of the project will be issued.
• The Preliminary Engineer's Report will determine the feasibility of forming an LID to construct the
improvements.
• Assuming the report recommends formation of an LID, City Council will be requested to consider forming the
LID following a public hearing pursuant to TMC 13.04.040. The hearing is expected to be held in October
2006.
OTHER ALTERNATIVES CONSIDERED
None. If the contract is not awarded, the project will not proceed until a consultant is selected as directed by Council.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
By constructing improvements to upgrade the street infrastructure in the Tigard Triangle, the LID would address the
findings of the 2002 Tigard Transportation System Plan that identified the Tigard Triangle as an area where future
transportation problems appear significant.
ATTACHMENT LIST
None.
FISCAL NOTES
Resolution No. 06-10 directed City staff to establish a funding mechanism in the amount of $70,000 to cover the
anticipated expenses during the remainder of FY 2005-06 for the preparation of the Preliminary Engineer's Report.
Before work begins on the preparation of the report, Specht Development, Inc. will deposit $72,500 to cover the
engineering contract and administrative costs for the preparation of that report. If the Local Improvement District is
established, the cost of preparing the report will be included in the cost of the Local Improvement District and the
deposit will be returned to Specht Development. If the Local Improvement District is not established, the remaining
balance of the deposit less all actual costs incurred in preparing the report will be returned to Specht Development.
I;\en0\2005.2006 fy ciplspecht lid\5-23-06 coundM-23-06 td lid.doc
Agenda Item # . 5
Meeting Date May 23, 2006
COUNCIL AGENDA ITEM SummARY
City Of Tigard, Oregon
Issue/Agenda Title Tigard's Water Conservation Calendar Earns Excellence in Communication and Conservation
Award
Prepared By: Dennis Koellermeier Dept Head Okay jo::L City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
■ Tigard's Water Conservation Calendar was recently awarded the Excellence in Communication and
Conservation Award from the Pacific Northwest Section of the American Water Works Association (PNWS-
AWWA).
■ Staff will provide a brief update on the City's water conservation program.
STAFF RECOMMENDATION
No action required. Informational only.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard's 2006 water conservation calendar has earned this year's Excellence in Communication and
Conservation Award from the Pacific Northwest Section of the American Water Works Association (PNWS-
AWWA).
The water conservation calendar features artwork from elementary students in the Tigard Water Service Area as well
as students from Tigard's sister city in Balikpapan, Indonesia. In addition to artwork, the calendar is filled with
water conservation tips, facts and fun activities.
Public Works Director Dennis Koellermeier will introduce the City of Tigard's Water Conservation Program
Coordinator and calendar creator, Corianne Hart. Ms. Hart accepted the award at the PNWS-AWWA annual
conference held this month. This marks the fourth year the city's water conservation calendar has earned this award
OTHER ALTERNATIVES CONSIDERED
N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow, Water and Stormwater
Goal 1, Strategy 4: Conservation - Reuse - Alternatives
ATTACHMENT LIST
N/A
FISCAL NOTES
There are no costs associated with the presentation of the award.
Agenda Item #
Meeting Date May 23, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Formal Graduation of Volunteers and City Staff for Their Successful Completion of the City's
gram
Community Emergency Response Team (CERT) Pro
Prepared By: Dennis Koellermeier Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Recognizing volunteers and city staff for their successful completion of the City's CERT Program.
STAFF RECOMMENDATION
No action required. Informational only.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard's CERT program is designed to help the community prepare for disasters. CERT members are
trained to provide medical aid and also learn skills in search and rescue and fire suppression. These individuals will
be able to respond during the critical first minutes of a crisis or when a disaster overwhelms or delays emergency
services. With technical assistance from Tualatin Valley Fire and Rescue, Tigard has trained an additional 6 citizen
volunteers and 18 city staff in basic response skills. These two classes were conducted simultaneously and were
completed on May 6, 2006. The City is currently promoting its sixth volunteer class and recruiting for another city
staff class. In the event of a disaster, the training and skills that CERT participants receive are designed to do the
"greatest good for the greatest amount of people" in our community.
OTHER ALTERNATIVES CONSIDERED
None.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard City Council, Other Important Goals for 2006
Improve Communication and Relationship with Citizens
Tigard Beyond Tomorrow, Public Safety
Goal #2: The community will be trained and prepared for emergencies
Strategy # 1: Develop community wide program to train citizens and staff to be self-sufficient for the first
72 hours after an emergency.
Strategy #2: Coordinate Tigard emergency response providers.
ATTACHMENT LIST
1. Sample copy of the Achievement Certificate
2. List of the graduates
FIscAI. NOTES
The CERT program is 95% federally funded through a Department of Homeland Security (DHS) and Federal
Emergency Management Administration (FEMA) grant. The grant is overseen by Oregon Department of State Police
and Oregon Emergency Management (OEM) and managed by the City's CERT Coordinator. Since FY 04/05 the City
has been awarded over $10,000. The City is awaiting confirmation for additional federal grant money to support this
program in FY 06/07.
211
U
Ce t f%catei of Completwvv
}f ak attemde& ANLdi succe4ifutly comp l'et,&the,
Community Emergency Response Team Course
C&n&wtp,& by
City of r6gcwaL an& rua lat'L*vVa xy Five' anLRe4cu&
March 7th - April 291h, 2006, 24 Hour Course - TPBP105
~ v
Tualatin Valley
Fire & & Rescue "PARTNERS BEING PREPARED"
G. Michael Lueck Craig Dirksen
Course Manager City Mayor
Attachment 2
CERT Graduation Name List
City Staff Community Volunteers
Amanda Bewersdorff Jenna Haldeman
Bob Roth Brian Bugge
Christine Darnell Cindy Bugge
Diane Jelderks Patricia Bishop
Garald Smalling Joe Jebbia
Marco Cabanillas Lisa Greenough
Mike Mills
Paul Izatt
Gary Lampella
Gus Duenas
Jerree Lewis
Jill Byars
Lora Garland
Joanne Bengtson
Hung Nguyen
Al Dickman
Greg Stout
Agenda Item #
Meeting Date MM 23, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Adoption of Tigard Police Officers Association new collective bargaining agreement
between the City of Tigard and TPOA and authorization for City Manager to sign
Prepared By: Sand Zodrow Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Should the Council approve a new collective bargaining agreement between the City of Tigard and TPOA for the
period of July 1, 2006 to June 30, 2009?
STAFF RECOMMENDATION
Approve the attached Resolution to adopt a new collective bargaining agreement with TPOA and the City of Tigard
and authorize the City Manager to sign the agreement
KEY FACTS AND INFORMATION SUMMARY
The final terms of this agreement with TPOA and the City were reviewed with your Council in the memorandum of
May 9, 2006 from Ken Bemis, Chief Negotiator and Labor Attorney for the City. The current collective bargaining
agreement will expire on June 30, 2006. Major highlights of the new agreement include:
1) A three (3) year agreement maintaining the existing CPI formula for the next two years with a wage and insurance
reopener in the third (3) year of the agreement. This CPI formula will result in a wage increase of 3.2% on July 1,
2006.
2) Maintenance of the 90/10 formula for premium responsibility on health insurance coverage, with the insurance
reopener in the fluid (3) year.
3) Language clarification/flexiblity on various contract provisions pertaining to the applicability of the safety release
clause, flexible scheduling for certain speciality assignments, compassionate leave, internal interviews, court duty,
probationary periods, shift rotations for record staff and the authorized number of Association members on the
bargaining team.
Ratification of the new bargaining agreement was approved by the Association at its May 17''' meeting.
OTHER ALTERNATIVES CONSIDERED
Various alternatives were considered and discussed during the negotiation process, as well as discussion with your
Council.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Improved operational efficiencies, cost effectiveness, and recruitment and retention of quality law enforcement staff.
ATTACHMENT LIST
1) Exhibit A - New Collective Bargaining Agreement Between Tigard Police Officers Association and the City of
Tigard (Expires 2009)
2) Resolution: Adopting New Collective Bargaining Agreement Between the City of Tigard and TPOA and
Authorizing the City Manager To Sign.
FISCAL NOTES
The fiscal impact to the budget is $128,534.
X hl'o
bl'ot A
Collective Bargaining Agreement
Between
City of Tigard and the Tigard Police Officers
Association
July 1, 2006 to June 30, 2009
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
TIGARD POLICE OFFICERS' ASSOCIATION
AND THE
CITY OF TIGARD
Deleted. 2006
Expires: June 30, 2009
Deleted: XAWD0X\CLIENTS\1762\69
100078598.DOC
C:\DOCUME-Mandv\LOCALS-1\Temo\AGENDA ITEM SUMMARY SHEET Adopt TPOA 06-09 Exhibit A.DOG
TABLE OF CONTENTS
PREAMBLE I
ARTICLE 1 RECOGNITION I
ARTICLE 2- MAINTENANCE OF STATUS QUO 1
ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES 2
ARTICLE 4- EMPLOYEE RIGHTS 3
ARTICLE 5 - MANAGEMENT RIGHTS 3
ARTICLE 6 - CITY SECURITY 3
ARTICLE 7 - ASSOCIATION BUSINESS 4
ARTICLE 8 - GENERAL AND SPECIAL ORDERS 4
ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT 4
ARTICLE 10- BULLETIN BOARD 5
ARTICLE 11 - OUTSIDE EMPLOYMENT 5
ARTICLE 12 - HOURS OF WORK 5
ARTICLE 13 - OVERTIME AND PREMIUM PAY 7
ARTICLE 14- HOLIDAY COMPENSATION 8
ARTICLE 15 - VACATIONS Deleted: 9
ARTICLE 16- INSURANCE BENEFITS 10
ARTICLE 17 - SICK LEAVE 12
ARTICLE 18 - LEAVE OF ABSENCE WITH PAY 14
ARTICLE 19 - LEAVE WITHOUT PAY 16
ARTICLE 20 - GRIEVANCE PROCEDURE 16
ARTICLE 21 - MILEAGE AND PER DIEM ALLOWANCE 17
ARTICLE 22- CLOTHING AND UNIFORM 18
ARTICLE 23 - SENIORITY 19
ARTICLE 24 - LAYOFF AND RECALL 20
ARTICLE 25 - SHIFT AND DAYS OFF BIDDING 20
ARTICLE 26- PROBATIONARY PERIOD 21
ARTICLE 27- DISCIPLINE AND DISCHARGE 21 oeieted: 2006
ARTICLE 28 - PERSONNEL FILE .22..........
ARTICLE 29 - WAGES 22
City of Tigard and TPOA -Expiration Date: June 30, 2009
1
ARTICLE 30 - INCENTIVE PAY 23 Deiet~ed: z4
ARTICLE 31 - SAVINGS CLAUSE 26
ARTICLE 32 - TERMINATION 26 Deleted; 27 .
ADDENDUM A - SALARY SCHEDULE 28
ADDENDUM B - INFORMATION REQUESTS 30
ADDENDUM C - MANDATORY TRAINING 31
ADDENDUM D - DISCIPLINARY INVESTIGATION PROCEDURES 32
ADDENDUM E - CERTIFICATION OF SWORN PERSONNEL 34
ADDENDUM F - PERS SIDE LETTER 35
MEMORANDUM OF UNDERSTANDING 36
Deletied: 2006
City of Tigard and TPOA -Expiration Date: June 30, 2005
ii
1
PREAMBLE
Detei*d into this _ day of
This contract entered petween the City of Tigard, Oregon, hereinafter referred
to as the "City," and the Tigard Police Officers' Association, hereinafter referred to.as the
"Association," has as its purpose the promotion of an efficient police department; harmonious
relations between the City and the Association; the establishment of an equitable and peaceful
procedure for the resolution of differences; and to set forth their entire agreement with regard
to rates of pay, hours of work, and other conditions of employment.
ARTICLE 1- RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining agent
with respect to wages, hours and other conditions of employment for the employees in the
bargaining unit as set forth in Addendum A.
The City shall notify the Association of its decision to add any new
classifications to the Police Department. If the City and the Association cannot agree whether
a new position is supervisory, managerial, confidential, or if a new classification should be
included in the bargaining unit, the dispute shall be submitted to the Employment Relations
Board. When the parties are unable to agree as to the representation status of such a new
position, the City shall have the option of leaving the position vacant or filling the position at
a provisional wage rate until the issue is resolved. If such a position is filled on a provisional
basis and if there is a subsequent adjustment in the wage rate, such adjustment shall be
retroactive to the date that the position was filled.
The bargaining unit shall consist of those classifications listed in Addendum A
that are regular full-time employees and those employees within those classifications that are
regularly scheduled to work 20 hours or more per week, excluding supervisory and
confidential employees as defined by the Public Employee Collective Bargaining Act,
ARTICLE 2- MAINTENANCE OF STATUS QUO
The City shall be obligated to negotiate over existing conditions that are
mandatory subjects of bargaining or the mandatory bargainable impacts, whether or not they
are covered by this agreement, if the City intends to alter, change or modify such conditions.
In the event the City desires to amend or modify or change the status quo that deleted:I
is a mandatory~subject of bargaining or that has a mandatory impact, the City will providethe .
Association President or his/her designee with written notice of the proposed change. The
Association shall have ten (10) days to object in writing to the person proposing the change or
their designee. The failure of the Association to object in writing to the proposed change
within ten (10) days of the notice provided for above shall serve as a waiver of the
Association's right to bargain. The Association's written objection shall specify the nature of geiew: zoos
the objection and identify whether the Association believes the proposed change involves a
mandatory bargainable subject or a mandatory bargainable impact of a permissive subject.
City of Tigard and TPOA - Expiration Date: June 30, 2009
1
Thereafter, the parties shall bargain in good faith over said changes for a period
not to exceed thirty (30) days. If after the passage of thirty (30) days, the parties have not
reached agreement, either party may declare an impasse and initiate interest arbitration
pursuant to ORS 243.746 by requesting a list of eleven (11) Oregon and/or Washington
arbitrators from the EJnployment Relations Board who are members ofthe_American - (Deleted-
. -
Arbitration Association (AAA). If the parties cannot mutually agree to an arbitrator, they will
by lot alternately strike names and the last one (1) will be the arbitrator. The arbitrator shall
conduct a hearing within thirty (30) days of announcement of his/her selection, or at such
other time as the parties mutually agree.
ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES
3.1 Check-off
The City will deduct Association dues from the wages of employees when so
authorized and directed in writing by the employee on the authorization form provided by the
City.
Any authorization for the payroll deductions may be canceled by any employee
upon written notice to the City and the Association prior to the 15th day of each month, to be
effective on the I st day of the following month.
The City will not be held liable for check-off errors but will make proper
adjustments with the Association for errors as soon as is practicable. It is also agreed that
neither any employee nor the Association shall have any claim against the City for any
deductions made or not made, as the case may be, unless a claim of error is made in writing to
the City within forty-five (45) calendar days after the date such deductions were or should
have been made.
3.2 Payment in Lieu of Dues
Any regular employee who is a member of the bargaining unit and has not
joined the Association within thirty (30) days of becoming a regular employee, or who has
joined within such time and then withdrawn from membership after such thirty (30) days,
shall have deducted from his/her pay by the City a monthly service fee in the uniform amount
of a payment in lieu of dues to the Association. The payment in lieu of dues shall be
segregated by the Association and used on a pro-rata basis solely to defray the cost for its
services rendered in negotiating and administering this Agreement. Such deduction shall be
made only if accrued earnings are sufficient to cover the service fee after all other authorized
payroll deductions have been made.
3.3 Religious Objection
Any individual. employee objecting to payment in lieu of dues based on bona
fide religious tenets or teachings of a church or religious body of which such employee is a
member, is required to inform the City and the Association of his/her objection. The
employee will meet with the representatives of the Association and establish a mutually
satisfactory arrangement for distribution of a contribution of an amount of money equivalent
to the above mentioned payment in lieu of dues to a charitable organization mutually agreed
upon by the employee and the Association. The employee shall furnish written proof to the
City that such has been accomplished, as appropriate.
;Dellebed; zoo6
City of Tigard and TPOA -Expiration Date: June 30, 2009
2
3.4 Indemnification
The Association will indemnify, defend and hold the City harmless against any
claims made and against any suit instituted against the City as a result of any City action taken
pursuant to the provisions of this Article.
ARTICLE 4- EMPLOYEE RIGHTS
4.1 Employee Organizations
Employees shall have the right to form, join and participate in the activities of
employee organizations of their own choosing, for the purpose of representation on matters of
employee relations. Employees shall also have the right to refuse to join and participate in the
activities of any employee organization. No employee shall be interfered with, intimidated,
restrained, coerced, or discriminated against by the City or by an employee organization
because of his exercise of these rights.
4.2 Non-Discrimination
The City and the Association agree the provisions of this Contract shall be
applied equally to all employees in the bargaining unit without discrimination as to age,
marital status, race, color, sex, creed, religion, national origin, labor organization affiliation,
or political affiliation.
ARTICLE 5 - MANAGEMENT RIGHTS
The City administration and department heads shall exercise the sole
responsibility for management of the City and direction of its work force. To fulfill this
responsibility, the rights of the City include, but are not limited to: establishing and directing
activities of the City's departments and its employees, determining services to be rendered,
standards of service and methods of operation, including subcontracting and the introduction
of new technology and equipment; establishing procedures and standards for employment and
promotion; to layoff, transfer and promote; to discipline or discharge for cause; to determine
job descriptions; determine work schedules, to establish performance standards, and assign
work; and any other rights except as provided in Article 2 of this Agreement.
ARTICLE 6 - CITY SECURITY
The Association agrees that during the term of this contract its membership
will not participate in any strike against the City under any circumstances. For the purpose of
this contract, the meaning of the word "strike" is any concerted stoppage of work, slowdown,
speedup, sit-down, absence from work upon any pretext that is not founded in fact,
interruption of the operations of the City by the Association, or any similar act. Violation of
this section by any bargaining unit member shall be grounds for disciplinary action up to and
including discharge.
DeieUed:1o06
City of Tigard and TPOA -Expiration Date: June 30, 2~
3
ARTICLE 7 - ASSOCIATION BUSINESS
7.1 Association Business
Up to three (3) members of the bargaining unit selected to serve as authorized
representatives shall be certified in writing to the Chief of Police. When authorized in
advance, up to two (2) representatives shall be granted time off without loss of regular pay for
the purpose of meeting with City representatives. Employees may attend Association
meetings on duty, subject to call, when authorized by the Chief of Police.
7.2 Contract Negotiations
The Association's negotiating team may be comprised of more than hree 3 _ _ _ .
I
employees; provided however, that the City's obligation to allow such individuals to attend
negotiations during duty hours without loss of pay shall be limited to hree 3 individuals.
Hours utilized for this purpose shall not be considered hours worked in determining the
payment of overtime.
The date, time, and place for negotiating sessions shall be established by
mutual agreement between the parties.
7.3 Special Conferences
Special conferences to discuss employment relations matters shall be arranged
between the Association and the City or its designated representatives within a reasonable
period of time after either party receives a request from the other party. Such meetings shall
be arranged in advance, and an agenda of matters to be discussed at the meeting shall be
presented at the time the request to confer is made. The Association members shall not lose
time or pay for time spent in such conferences.
Up to two (2) members of the bargaining unit may be allowed to attend
conferences directly related to Association matters, provided the City receives sufficient
advance notice of the dates of such conferences and the approval of the Chief of Police is
obtained. The maximum number of days to be paid by the City shall not exceed an aggregate
of six (6) conference days per year. The City shall not pay for travel, lodging, or per diem
expenses of the members attending the conferences.
ARTICLE 8 - GENERAL AND SPECIAL ORDERS
The City will furnish the Association with copies of all general or special
orders from within the Police Department promulgated during the term of this Agreement
pertaining to wages, hours, and conditions of employment.
ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT
The City agrees to furnish each employee of the bargaining unit with a copy of
the Department Manual and a copy of this contract as provided by the Association for
distribution.
City of Tigard and TPOA -Expiration Date: June 30, 2_009. 0!0eted::1006
4
ARTICLE 10- BULLETIN BOARD
The City agrees to furnish a suitable bulletin board in a convenient place to be
used by the Association. The Association shall limit its posting of notices and bulletins to
such bulletin board and shall limit its postings to Association business. Only members of the
bargaining unit may post or remove items on the Association bulletin board. In the event the
City desires that an item be removed, it will contact the Association with a request for such.
The item will be removed if found inappropriate by the parties.
ARTICLE 11 - OUTSIDE EMPLOYMENT
Employees wishing to engage in off-duty employment with another employer
must obtain approval from the Chief.
RTICLE 1 -HOURS OF WORKeeedQLr 12.-:wolzwNc
,A
.H.. .12.1';CIA .Superviso l
2 I Work Week ° O. °
. petn~n"~ei m a su Qpavis ry pos on may
Y.pra.. Ca'9n 9(X1ag baSIS tO:rtn 8
temporary vacancy. An employee
The work week, consistent with the operating requirements of the City, shall Hotel;$anacung`supervrsoryppsitiori: 11 consist of a forty-hour (40-hour) shift schedule during a seven day calendar day period shin beef gtled to a s`pcx eat j5%~
commencing midnight Sunday and ending midnight the following Sunday: pram{tun foraU dine so asngneQ 9 . .
12.2 coach ng9
Ncsi-sigiemwrypcrso- ass Ved m
12.2 Work Schedule eoabh'ncwly hi ed or pmrt 41;clice
dtpartrneni employes shall bb entitled to
A "work schedule," consistent with the operating requirement of the City, shall apay'mcr`as°ofs°cationawp eep'baso
pay for the classification acting as a
be a 5-8, 4-10, alternative work week, flexible or part-time schedule as follows: i pact, fo<eacti*yoi.part,ofadayfor
the diirarion of We'rr.scting esgignment. y
(a) A "5-8" work schedule shall consist of five (5) consecutive days of eight t23 ~Othccg
(8) work hours each followed by two (2) consecutive days off.+?v!~ss'g«donwhisahigher
rdassificatinn, othcrtha what is
described in sections I & 2 ofthis article,
(b) A "4-10" work schedule shall consist of four (4) consecutive days of ten s1w11.beentideaaoativeperxnr(s%u)
(10) work hours each followed by three (3) consecutive days off. premiamrorantlme:Des=igned. I
(c) The City and the Association may agree to an alternative work schedule Deleted' 13
consisting of fixed hours other than a 5-8 or 4-10. In the event an alternative work schedule is oeleged;l3:.
implemented, the parties agree to meet to negotiate its implementation and any other contract Fortnatted: sub
changes as may be necessary. Fortnattetl: Bullets:and Numbering
(d) A "flexible" work schedule shall be equal in total hours worked during the
work week to that of a "5-8" employee, And unless otherwise a eed shall have no maxim_ um
or minimum number of work hours per day or work days per week. §U-6'w ork schedule shall
not be in effect unless agreed upon in advance by the individual affected employee and the
City. An employees acceptance of such assignments constitutes the employee's voluntary
agreement to a flexible schedule. The determination of those assignments that are expected
to work a flexible work schedule will be subject to bar ainin between the City and the Dt 1t OP%l:;agreemept
Association- In the event the parties are unable to reach agreement such-matiers may be
pursued through the mid term bargaining procedures set forth in Article 2
. DeltOedt20o6
City of Tigard and TPOA - Expiration Date: June 30,200%
5
(_e) A flexible work schedule will be applicable to special assignments for
Gang Enforcement, Transit Police and Street Crimes Units. Section 12.6 (Work Schedules)
and 13.4 (Shift Differential) are not applicable to employees in these assignments. Hours
worked by these assignments will not be flexed for purposes of mandatory training, court
appearances, the avoidance *the Safety Release as defined in Article 12.7 and the avoidance
of overtime thresholds as defined in Sections 13.1 (daily overtime) and 13.3 (call back).
When either of these shift assignments are changed within the respective units, the shift
change shall be completed pursuant to Sections 25.3 (overtime waiver) and 25.4 (adiustment
of schedule at rotation) of the agreement.
Deleted-
(d "Reguiarpart-time" employees shall be scheduled to work .a portion of any
of the above-specified schedules.
Delebt;d;`f
1 (gJ These- schedules shall include meal and rest periods as set forth in this
article.
Deletied::l3'
F ..3 Work Day...........
work day shall be a 24-hour period commencing at the start of the
employee's regularly scheduled shift.
Deletelc 13
X2.4 Meal Period
I
Each employee covered by this agreement will be permitted a 30 minute paid
meal period each workday to the extent consistent with operational or duty requirements,
except for employees attending the academy or voluntary training where a longer lunch period
is provided and the employee is relieved from duty, in which case, the lunch period shall be
unpaid.
DeletedgR 13
12.5 Rest Periods
Each employee covered by this agreement will be permitted two (2), fifteen
(15) minute paid rest periods each work day, to the extent consistent with operational or duty
requirements.
- "Delett;dr 13
.Work.Sc.hedules .
12.6.
An employee will normally be given adequate advance notice of any change in
his regular hours of work, except where an emergency exists. Notice will not be given less
than two (2) weeks prior to the employee's change of work schedule, except where a change
of schedule is for the purpose of the employee's voluntary training or for the purpose of
adjusting the schedule of a probationary employee not released for solo status.
Deleted: 13
12.7 Safety Release
Employees working sixteen or more hours in a twenty-four hour period who
provide notice to their supervisor at least one hour prior to reaching the sixteen-hour threshold
may be given their next consecutive scheduled shift off with pay. In such event, no deduction
shall be made from the employee's leave. If employees are directed to work their next
consecutive scheduled shift, they shall be paid at the rate of time and one-half for such shift.
The twenty-four hour period described herein shall commence at the start of the employee's
regularly scheduled shift.
Deleted' 1006
City of Tigard and TPOA -Expiration Date: June 30, 200$
6
Employees who do not receive eight (8) consecutive hours off either before or Formatted c Font:Tmes New.
after a court a earance will receive sufficient administrative hours off with a toequal eight Roman Not sore
8 hours off. Em to ees assigned to Detectiv Narcotics Enforcement shall not be subject to ,Frontr~mes.Nevi.
Section 12.7.
Formatted FotiL;Tlries Nev,
-t....
RomarlNotRold
Formatted Font 17me5 New
ARTICLE j3 -.OVERTIME AND PREMIUM PAY Ramat4 t3otd;,-
3 1 Definition Font'TimesNew
, Roman,,. ' bold
Formatted Foiit Tines New
All work under the following conditions shall be compensated at the rate of Roman, tt eold:
time-and-one-half-
Formatted: Font: Axial
(a) For employees assigned to a 5-8 schedule, all work in excess of eight (8) Formatted: Normal, Right: o'
hours on any work day, and all work performed on a regularly scheduled day off. Deleted: 14
Deleted: 14
(b) For employees assigned to a 4-10 schedule, all work in excess of ten (10)
hours on any workday and all work performed on a regularly scheduled day off.
(c) All work in excess of forty (40) hours in a work week.
During shift rotation, only the daily overtime threshold (work over eight (8) or
ten (10) hours in a day) of Article j3.1 will apply and overtime otherwise will be-governed by_----.- Delei*d'A4
f Article L5, Section~5:3 netetedi`ZS
All overtime pay shall be computed to the nearest one quarter (1/4) hour. Paid Deleted: z5
compensatory time off and all other paid time off, unless otherwise specified in this
agreement, shall be counted as hours worked for purposes of determining overtime
compensation. All non-paid time off shall not be counted as hours worked for purposes of
determining overtime compensation.
Meted ►4
X3.2 Form of Compensation
The employee may elect to be compensated for all overtime in cash, or he/she
may elect to accrue compensatory time to the extent such is allowed by law, to a maximum
accrued balance of forty (40) hours, with the remainder to be paid in cash. Compensatory
time shall be scheduled and taken off in accordance with the Fair Labor Standards Act.
Employees may contribute unused compensatory time to a bank which shall be
maintained as an Association leave bank to be utilized by officers of the Association to
conduct business. The Association leave bank may contain no more than 200 hours of
accumulated leave at any one time, and shall be accessed only when authorized by the
Association. Leave from this bank of time will be scheduled by mutual agreement.
Deleted: is
X.3 Callback Authorized court and call-back overtime shall be compensated at the below
minimums:
(a) On a Scheduled Work Day: Three (3) hours (either overtime pay or
compensatory time at the rate of time and one-half, at the employee's choice, as provided in
Deletede 2005
City of Tigard and TPOA - Expiration Date: June 30,2009._..
7
Section 3.2),.but this minimum shall not apply if the court or call-back . be~. ns
oeieced ,ta
one (1) hour or (es's before the start or after the end of the employee's regular shift.
(b) On a Scheduled Day Off: Four (4) hours (either overtime or compensatory
time at the rate of time and one-half, at the employee's choice, as provided in Section j3.2), Deleted: 14
scheduled days off include scheduled leave days, provided the employee complies with
current court notification procedures.
For pumoses of this Section, court time starts from the Police Department
unless the employee goes directly to court from home, in which case the time starts from the
employee's arrival at court. As a condition of receipt of payment for the time involved, all
witness fees, mileage allowances, and other remuneration paid for appearances in court
proceedings under this Article shall be turned over to the City. An employee who is on court
call-back remains on call-back until finally released for the day by the court.
14
L .A Shift Differential
Any member of the bargaining unit who has been employed at least six (6)
months and who is required to work two (2) or more different shifts within a normal work
week shall be compensated with two (2) hours of overtime for that week. This differential
shall not apply when the above occurs as a result of mutual agreement between members of
the bargaining unit for their own personal benefit.
.-3:S..No Pyramiding.
The City shall not be required to pay twice for the same hours.
Del! bed: is
ARTICLE 14.- HOLIDAY COMPENSATION
In lieu of holidays off, each full-time employee shall be credited with eight (8)
hours of holiday compensatory time or cash, at the option of the employee, for each month
worked. If the employee elects to receive compensatory time, such time off shall be credited
to his/her vacation/holiday account. Part-time employees shall receive a prorated
compensatory time credit on a prorated basis to that of a forty (40) hour employee. peletxd; bascdupond:orelet°nship
fheii regularly sctiedu~ed wor7c:wizli'
Within 30 days of the dates specified herein, employees will be required to tacarsc°11at°ta'f t6d6gemployee
advise the City what portion of their holiday time is to be converted to their vacation/holiday
account and/or paid monthly or on the dates specified below. If an employee elects to have a
portion of their holiday hours paid, such payment shall be made on December 1 and/or June 1
of each year and shall not exceed 48 hours on either date. The City will provide employees
with a selection form and each employee will be required to make a selection and return the
form within the time period described in this section.
Delpted: 16
ARTICLE Z.-.VACATIONS.
pele6ed: 16
15.1 Accrual
Vacations shall accrue as follows:
DelelSetf: 2006
City of Tigard and TPOA - Expiration Date: June 30, 2~
8
1
Years of Continuous Monthly Accrued Annual Hours Equivalent Accrual
Service Rate Days
0-12 months/0-1 yr. 6 2/3 hours 80 10
13-60 months/1-5 yrs 8 hours 96 12
61-120 months/5-10 yrs 10 hours 120 15
121-180 mos/ 10-15 yrs 12 hours 144 18
180-240 months / 15-20 yrs 13 1/2 hours 162 20.25
Over 240 months / Over 20 s 16.0 hours 192 24
Notwithstanding the above specified rates of vacation accrual, no employee
shall be allowed to accumulate vacation/holiday in excess of 280 hours. It shall be the
responsibility of each employee to schedule sufficient vacation/holiday so that he/she is not
denied accrual of additional vacation. If an employee is unable to take vacation due to the
operational needs of the department, he/she may make arrangements with the Chief to exceed
the maximum accrual specified above.
Accrued vacation shall be credited as earned vacation for each month of
service Part-time employees shall be credited with earned vacation on a prorated basis to that ;De~ebed orproracaforeachrractionel
of a forty (40) hour employee, in accordance with the above schedule. Vacation accrued a~oAd; ofsernco
- •
during the first six (6) months of continuous service shall not be credited as earned vacation Deletedc"`IXOC~cif,ai;
until the employee completes the first six (6) months of continuous service.
`Deletied; 16
L~.2 Scheduling
Vacation periods shall be scheduled at the mutual agreement of the City and
the individual employee. Between April I st and 15th of each year, the City shall circulate
within each classification and in order of seniority, with the most senior employee afforded
the first selection, a vacation sign-up roster for the following twelve-month (I2-month)
period. Each employee shall be allowed to select one continuous vacation period
(vacation holiday and comp time included) from the portions of the year in which vacation is
available. After the seniority vacation selection as provided for above, all additional vacation
will be scheduled subject to the operational needs of the department on a first-come first-
served basis. Once a vacation request has been approved, it shall not be canceled by the City
unless due to circumstances beyond the control of the City.
Deiebeil:l6
4.3 Separation.... . .
All employees shall be entitled to payment for unused vacation/holiday and
comp time upon separation from City service. In the event of death, the employee's heirs will
be entitled to payment of such accrued time.
-16
5.4 Bonus Detetgd:
. ; Deiebed 3006
City of Tigard and TPOA -Expiration Date: June 30, 2009
9
Employees, at their option, may elect to be paid up to forty (40) hours of
accrued vacation in addition to vacation time taken when they take vacation leave totaling 40
hours paid time per fiscal year.
ARTICLE,L6-.INSURANCE BENEFITS [Deleted; 17
_ . peleted: l l
16.1 Health, Dental and Vision Insurance
Deleted: Wpotive Augusr 1, 2004, die
The. . CitY a ees_to provide League of Oregon Cities' Blue Cross Plan V-C-PPP ctryagrecs Payninecypa~u+c(9o°A)
.
medical insurance ($300 individual, $900 family deductible) including the preventative care otawpn~,at~wsirc cuRC an e
oPtion and alternative care oPtion dental insurance and vision insurance or substantially i°cluifiuncNt1, APeP•tnmoedtcal u~smaac e
g the;•preveatativo cereoption,
equivalent coverage for each employee and all enrolled dependents including domestic deritei:iuhvraitgb:an`d vision iasorattce for
partners. The City will pay ninety percent (90%) of the premium cost and the employee shall eachemployeoandaWwrolled
a,«tass moladwg aomestic:partners.
pay ten percent (10%) of the premium cost.
employee slag pay ten pyteent
(10%) of the prexwum cost ~ioyees
Employees will have an option of electing Kaiser medical, vision and elecUngaatirerentPlanshaupaythg
prescription coverage in lieu of coverage under Blue Cross Plan V-C-PPP and VSP Vision. `eII°~eE"6°a1°O°Ff01t
stave aad5 cost pf ehea ¢eteeteil ptiaa.y
For employees electing either of these plans the City will pay up to ninety percent (90%) of l:aetxtvc-uponthesscavadawg
the Blue Cross coverage provided above and the employee will be responsible for any earoumeniopPomm;Eyrouov+,ns't6sion,
effoctivC;date of tfie'aibicato
additional cost. es dea .s.:._
t
Either party may reopen this section for the 2008-09 fiscal year. In the event
either party reopens, the parties will commence negotiations no later than January 5 2008
Deleted: l7
16.2 Life and Disability Insurance
_ .
11A6.2
The City agrees to provide and maintain the current life and disability
insurance plan or a substitute plan of the same service delivery type at substantially the same
or a better benefit level at no cost to the employee. The City agrees to make optional Deleted: Etrectiveonorbefore October
voluntary life insurance available for employee purchase subject to-the limits available to the 1991,1;
City.... . . . =Qetebid,tnazi~iiutnS500,t)00
coverage' '
463 Physical Examinations and Capability Test eletiedh!17
The City may require each employee to take a physical examination, or it may
choose to require such an examination only for sworn officers. Each employee who is
required to take such an examination may choose to use his/her own physician, at the
employee's expense, or to use a physician designated by the City, at the City's expense.
The spirit of the physical examination and the annual physical capability test is
for the welfare of the employee and is not intended to be punitive in any manner. The
physical examination will focus on specific health maintenance issues and early identification
of potential job related health problems in the future.
The report form will address only those health issues related to personnel in
their specific working environment. Access to the report is limited to the City Manage .Chief Dele6d;,Administrator
of Police, -Nyman Resources Director. and the named employee.... . t - Deleted7Peis°tmei
16.4 Retirement twe .17
.
Deleted: 2006
City of Tigard and TPOA - Expiration Date: June 30, 2_0, 09
10
The City shall continue to participate in the Public Employees Retirement
System for sworn officers employed by the City prior to August 28, 2003, and who are
eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to
section 2 of chapter 733 Oregon, Laws 2003. The City shall participate in the Oregon Public
Service Retirement Plan for sworn officers employed by the City on or after August 28, 2003,
who are not eligible to receive benefits under ORS chapter 238 for service with the City
pursuant to section 2 of chapter 733, Oregon Laws 2003.
On behalf of employees in the Public Employees Retirement System, the City
will continue to "pick up" the employee contribution as the law requires. The parties
acknowledge that various challenges have been filed that contest the lawfulness, including the
constitutionality, of various aspects of PERS reform legislation enacted by the 2003
Legislative Assembly, including chapters 67 (HB 2003) and 68 (HB 2004) of Oregon Laws
2003. Nothing in this agreement shall constitute a waiver of any party's rights, claims or
defenses with respect to the PERS litigation.
On behalf of employees in the Oregon Public Service Retirement Plan, the City
will pay an amount equal to six percent (6%) of the employee's monthly salary, not to be
deducted from the salary, as the employee's contribution to the employee's account when the
employee becomes a member of the Individual Account Program established by section 29 of
chapter 733, Oregon Laws 2003. The employee's contributions paid by the City shall not be
considered to be "salary" under section I (16)(c) of chapter 733, Oregon Laws 2003, for the
purposes of computing a member's "final average salary" under section 10 of chapter 733,
Oregon Laws 2003, or "salary" for the purposes of determining the amount of employee
contributions required to be contributed pursuant to section 32 of chapter 733, Oregon Laws
2003.
All non-sworn employees will receive a vested benefit into the ICMA
retirement program based on their actual account balances as of July 1, 1989 and the formula
provided the City in the parties May 11, 1989 agreement. Effective July 1, 1989, the City will
contribute 12% of salary as defined by ICMA into an ICMA 401 A plan. Effective March 30,
1997, the City's contribution will be 11 % and effective July 1, 1997, the City contribution
will be 10%.
Dgtetedd_ l?
:5 Liability
The City shall continue liability protection at least equal to its level of
insurance as of June 30, 1991. The City may choose to self-insure.
eletiedp 17
` 16.6 Plan Descriptions t)
The City will annually provide each employee with a list and description of
those insurance plans which this contract enumerates and a list and description of those plans
which are available as options to City employees.
fl2 t7e1 'j
6.7 Flexible Spending Account ;
aa~
t~elebed vot t
~fleoa a,y.►: vz
- ubvcci co utc -PPMVa~,:c
The City will make available the IRS Section 125 flexible spending account fo_r . cUd-cca e
re-tax rou premiums, dependent care and other a roved medical reimbursement . 6eieted
aer.Y,ittx eaaea an
lion ' Ztjin t following
purposes . . o? '.s
Qelebed3oli6... ,
City of Tigard and TPOA - Expiration Date: June 30, 2005L
_
11
1
Deletied: 18
ARTICLE j7 - SICK.LE.AVE.
,oetetied:,ts .
..:I Purpose
The purpose of sick leave is to allow continuation of pay while an employee
recuperates from an illness or other approved reason causing absence as noted in Section A 7,6_ . Deleted: is
Sick leave is also intended to provide employees with the assurance of pay in order that they
may be away from the job to avoid exposing others to illness.
. Oelebed: !8
J7.2 Accrual System
Employees shall be credited with eight (8) hours of accumulated sick leave for
each full calendar month actively employed by the City. All regular employees and all
probationary employees (after 30 days employment) are allowed sick leave for non-
occupational disability. Sick leave may be accrued without a limit, except as provided for
conversion to retirement.
Deleted: zoo6
City of Tigard and TPOA - Expiration Date: June 30, 2009. 12
~DeleLed: 18
,.7..3_ _Part-time Employees---------
Deleted; regniar
Sick leave benefits forpart-time employeeshall be granted on a prorated basis ph11 i (tweuty(m)hours per week
to that of a forty (40 hour employee _ o<y .
7ilization Deleted?; (holusperweekdividedby
.7..4.. Ut.................. . . rr (40):
Accumulated sick leave shall be payable at the employee's regular straight-time
rate in an amount equal to the time the employee would have worked, to a maximum of
ten(1O) hours per day. Employees may utilize their allowance for sick leave whenever they
are unable to perform their work duties by reason of illness or non-occupational injury.
. Deleted: is
X7.5 Notification
In the event an employee is absent from work because of sickness or injury, the
employee shall notify the supervisor, at least one (1) hour prior to the employee's scheduled
start time, of the expected absence and the nature and expected length thereof. However,
should an employee fail to call within the first hour of the regular work shift due to extreme
illness, a physician's statement may be required by the supervisor and shall be paid for by the
City when so required in the event the employee's health insurance does not cover the cost.
Deleted: l s
.7.6 Family Use
Employees may use sick leave where there is an illness in their family which
necessitates making arrangements for the ill relative. Members of the employee's family are
defined as relatives and/or dependents domiciled in the employee's household. Variances to
this policy are to be approved by the Chief of Police prior to authorization of sick leave.
'DeteEeAt I8
L7.7 Integration with Worker's Comp
In the case of on-the-job injuries covered by Workers' Compensation, the City
will provide to the employee an amount equal to the difference between the payments
.received for Workers' Compensation time-loss benefits and regular net salary.
Whenever an employee receives a check for Workers' Compensation time-loss
benefits, he/she shall report to the Finance Director of the City in writing the amount of the
check and the period for which it represents payment. Sick leave will not be charged to the
employee for injuries covered by Workers' Compensation or that are the result of on-the-job
injury.
Deleted;. l8
X7.8 Retirement or Death . .
(a) Sworn employees covered by PERS shall have 50% of their unused sick leave credited
to their retirement as per guidelines of PERS. In the event of the employee's death, the
employee's heir will receive a cash death benefit equal to one-half of unused sick leave
accrual at the time of death. This death benefit will be inapplicable if any portion of
unused sick leave is converted for retirement or survivor benefits.
(b) All other employees who have completed 20 years of credited service or have reached
their normal retirement date or have become disabled, shall have one-half (1/2) of their
unused sick leave applied to their retirement benefit. This benefit can be a cash-out at
the employee's regular straight-time rate or the time can be applied to enable the peletede2oit6
City or Tigard and TPOA - Expiration Date: June 30,2009-
13
employee to retire early. In the event of the employee's death, his/her survivors would
receive the cash benefit equal to one-half (1/2) of the value of the employee's unused
sick leave.
`ueletedc:.lH
17.9 Vac.ation.
.Bo.nus . . . . . . .
.
An employee shall receive one extra vacation day for each twelve (12)
consecutive months of non-use of sick leave from his/her most recent sick leave day. It shall
be the responsibility of each employee to notify the department of his/her qualifications.
ueteted: i '
s
17.10 Appointment Leave
Effective July 1, each employee shall receive sixteen (16) hours appointment
leave to be used for medical or dental appointments. (Appointment leave will be non-
accumulative.)
. :Deletede 78
X7.11 Family Medical Leave
The City agrees to abide by the applicable provisions of state or federal law
regarding family medical leave.
• `:~eleoed: aa:
17.12 Sick Leave Donation
An employee with a minimum of four hundred eighty (480) hours of unused
sick leave may, on written notice to the City, donate sick leave time to another employee who
has exhausted all sick leave and is in documented need of sick leave due to extended illness or
injury. The donor's sick leave will first be converted to cash based on the donor's base salary
and then converted to an appropriate amount of sick leave based on the donee's base salary.
4
ARTICLE Z.-.LEAVE OF.ABSENCE WITH PAY
Deleted: 19
18.1 Compassionate Leave
In the event of a death in the employee's family or of an individual of
significant personal relationship to the employee, employees will be granted three (3) days off
except in the case of extended travel that requires at least 200 miles travel each way, in which
case employees will be granted an entire work week. For the purpose of this Article, an
employee's family shall mean: spouse, parent, children, step-children, step-parent, brother,
brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, grandparents, grandchildren
and any other person who is a dependent of the employee. If additional time is required, the geleted6 inthee t ofdcath or critical
fary" iiyorofan
employee may utilize other accrued leave. illness intheerriploye4*
individualofsignificantpuso-
reladoashtp to the employee, the Ctiie(of
. . . . grant;rieedod time'o9Ywitli
. . ;Ponce shall
. -
Fay. not to «cee 8 f+we (5) -*ng days.
Fur the purpose of thu secnonn faiuily
shall t edefined 59;;parents, parevt -in.
►aw; c?uldrenr stepcaaick brothers,
sisters and gtatidpaents: For purposes bf
ttiis.pinvtsion ,'ciitical illness" '"I be
4q, as a li(e-duestctiiig situation
which reasiaably requires the employees
presence..:.
. Petebed6 2006
City of Tigard and TPOA - Expiration Date: June 30, 200
14
t>eleOed: l9
~.2 Voting
When an employee's work schedule is such that he/she would not be able to
vote prior to or after his/her normally scheduled work hours, he/she shall be granted off duty
time of up to two (2) hours to vote without loss of pay or accrued vacation.
Oelebed: 19 . '
:3..Training
(a) Training Information - The City shall provide the Association with information
regarding law enforcement-related training opportunities as such information is
received. The Association may submit recommendations for review by the Chief
regarding the available training opportunities that it believes are of particular value or
are lacking in value to the Department.
(b) Mandatory Training - An employee may request assignment to a training activity or be
so assigned upon the initiative of the Department. When an employee is assigned to
attend a training activity, the following shall apply:
I. All receipted course registration fees, tuition, and other out-of-pocket expenses
shall be reimbursed by the City. All textbooks and other literature received as
a result of taking the training shall be the property of the City.
2. All mileage and per diem shall be reimbursed in accordance with this
agreement.
3. All time required for travel and course attendance shall be paid at the
employee's regular or overtime rate, as applicable.
(c) Voluntary Training - Training to which an employee is not specifically assigned
pursuant to "b" above, shall be designated as voluntary training. Such training may
occur on paid or non-paid time or a combination thereof and may be with full, partial,
or no reimbursement of expenses. At the time that a training request is approved, the
Department shall specify whether the training is considered to be voluntary or
assigned and, if voluntary, the specified expenses, if any, that the City will reimburse
and the paid time, if any, that the City will grant.
._18.4. .Ju P
ry .
Y . . -
(a) Employees shall be granted leave with pay for service upon a jury provided that the
day to be served on jury duty is a scheduled work day. Should the employee's regular
schedule be other than a day shift, the City shall reschedule the employee to a day shift
for the duration of the employee's jury service. The City shall not incur any liability
for adjusting the shift of the employee on jury duty or for adjusting any other
employee's shift to comply with this Article. No more employees than reasonably
necessary will be adjusted to fill in for the shift of the employee on jury duty.
(b) The employee is required to seek all fees due him or her for such jury duty and turn
said fees, excepting personal vehicle mileage, over to the City. Upon being excused
from jury duty for any day, the employee shall immediately contact his supervisor for
assignment of the remainder of his or her work day.
Deleted: 2006
City of Tigard and TPOA - Expiration Date: June 30,200%
15
(c) This Article shall only apply to those work weeks of the member during which the
member is serving on an impaneled jury or is required to report for juror selection.
I ARTICLE 19 -,LEAVE WITHOUT PAY----------------- " Deleted:,
The City will consider a written application for leave of absence without pay,
not to exceed one year, if the City finds there is reasonable justification to grant such leave
and that the work of a department will not be jeopardized by the temporary absence of the
employee. The City may terminate or cancel such leave by 30 days written notice mailed to
the address given by the employee on his/her written application for such leave. Such leave
may be denied if it is for the purpose of accepting employment outside the service of the City
and notice that an employee has accepted permanent employment or entered into full time
business or occupation may be accepted by the City as a resignation.
Any employee who is granted a leave of absence without pay under this section
and who for any reason fails to return to work at the expiration or termination of said leave of
absence shall be considered as having resigned his/her position with the City and the position
shall be declared vacant unless the employee, prior to the expiration of the leave of absence or
prior to the termination date has furnished evidence that they are unable to work by reason of
sickness, physical disability or other legitimate reasons beyond their control and seeks an
extension of leave for such reason. Such a request for extension shall be in writing. An
extension shall be granted only for a specified period of time and only if the City determines
that the request is reasonable and justified and that the extension may be granted without
jeopardizing the operation of the department.
Dele60d: 21
ARTICLE 22 GRIEVANCE PROCEDURE
Oeieted: it
.1 Process
To promote better relations, the parties agree to settle any disputes as to the
meaning or interpretation of this contract by the following procedure:
STEP 1: After first attempting to resolve the grievance informally, the Association or
any employee with notice to the Association, may claim a breach of this Agreement in writing
to the employee's immediate supervisor within fourteen (14) days from the occurrence thereof,
or of the employee's knowledge thereof. The notice shall include:
a) a statement of the grievance and relevant facts;
b) provision of the contract violated;
C) remedy sought.
The supervisor shall respond to the grievance in writing within seven (7) days,
with a copy to the Association.
STEP 2: If after seven (7) days from the date of submission of the grievance to the
supervisor the grievance remains unadjusted, the grievance may be submitted within seven (7)
days to the Chief of Police. The Chief, or his/her designee, may meet with the aggrieved
Deleted: 2006
City of Tigard and TPOA - Expiration Date: June 30, 200_9,
16
{ party, who may request an Association representative at the hearing. The Chief, or his/her
designee, shall respond to the grievance in writing within ourteen 14 days with a copy to pe~i; 5ew (7)
the Association.
STEP 3: If after seven (7) days from the date of submission of the grievance to the Chief
the grievance remains unadjusted, the grievance may be submitted within seven (7)_ days to
the City aria er or his/her desi ee who shall meet with the aggrieved party-and Deleted: Administrator
Association representatives and shall respond to the grievance in writing within fourteen (14)
days with a copy to the Association.
STEP 4: If the grievance is not resolved within fourteen (14) days from submission of
the grievance to the City ana er or his/her designee, it may be submitted within fourteen Deleted; Administtator
(14) days to an arbitrator. The arbitrator shall be selected by mutual agreement of the parties
as follows:
A list of eleven (11) OregonfWashington arbitrators shall be requested from the
Employment Relations Board who are members of the American Arbitration Association
(AAA). If the parties cannot mutually agree to an arbitrator, they will by lot alternately strike
one (1) name from the list until only one (1) is left. The one remaining shall be the arbitrator.
The parties shall jointly request that the arbitrator render a decision in writing
within thirty (30) days of the close of the hearing and receipt of briefs. The power of the
arbitrator shall be limited to interpreting this Agreement and determining if it has been _
violated. The arbitrator shall have no authority to add to, subtract from, or modify this
Agreement. The decision of the arbitrator shall be binding on both parties.
The parties specifically agree that, in the event issues are submitted to
arbitration (grievance or interest), the decision shall be strictly limited to those issues disputed
by the parties.
The costs of the arbitrator shall be borne by the losing party. Each party shall
be responsible for the costs of presenting its own case to arbitration.
~.2 Time Limits t)eleted: 21
Any time limits specified in this grievance procedure may be waived by mutual
consent of the parties. "Day" shall be defined as calendar day. Failure to submit the
grievance in accordance with these time limits without such waiver shall constitute
abandonment of the grievance. Failure by the City to submit a reply within the specified time
will constitute a denial of the grievance. A grievance may be terminated at any time upon
receipt of a signed statement from the Association or the employee that the matter has been
resolved.
Detebed: 22
ARTICLE 2211.-.MILEAGE AND PER DIEM ALLOWANCE
Deleted: 22
L..1 Mileage Reimbursement
Whenever an employee is authorized to use his/her personal vehicle in
performance of official City duties, he/she shall be compensated at the standard IRS-allowed
rate.
City of Tigard and TPOA -Expiration Date: June 30, 2009 Deleted: 2006
17
1.2 Ex enses Deleted'. 22
An employee traveling on authorized City business shall receive, in addition to
his/her transportation and lodging expenses, a per diem allowance of $30.00 per day, or
fraction thereof, actually spent on City business for each programmed day of a conference or
meeting and for time spent in travel, except that per diem for travel shall not exceed one (1)
day each way. The purpose of per diem is to cover ordinary expenses such as meals,
refreshment, tips, etc. If upon return to work the employee justified to the satisfaction of the
Cit ana er that the er diemallowance wasinsufficient to cover .reasonable-
. actual.
.costsz
Y...........I? . . -Deleted Administrator
-
-
-
the per diem amount shall be adjusted accordingly by the City ana gr.,_Employees Deleted administrator
anticipating the need for per diem compensation shall so advise the City ana er in of of travel on forms provided by the City and receive advance authorization therefor.
Deleted Adinmstra?°`
Meted; 23
ARTICLE-.CLOTHING AND UNIFORM
, 2.1 Uniform Deleted: 23
If an employee is required to wear a uniform, Such uniform shall be furnished
by the City, and the City shall pay for initial tailoring. Any required.leatherware and personal
firearm is specifically excluded from this provision and shall be the responsibility of the
employee to provide. The employee shall make restitution to the City for loss or damage to
any City supplied uniform unless such loss or damage occurred in the line of duty and was not
caused by negligence on the part of the employee. Proper maintenance of a required uniform
is the responsibility of the employee; however, the City shall be responsible for replacement
of body armor and OC spray in accordance with the manufacturer's recommendations..
Deleted::23
2.2.C1othin Allowance
The City will provide a clothing allowance for employees while assigned to
plain clothes duty at the rate of $50.00 per month. The provisions of this section shall apply
to reimbursable expenses incurred in the fiscal year for reimbursement within the same fiscal
year and shall apply only to sworn personnel who wear plain clothes seventy-five percent
(75%) or more of duty time calculated monthly.
Deleted: 23
X2.3 Property Reimbursement
The City shall reimburse employees for personal property reasonably and
necessarily wom or carried when such property is stolen, damaged, or destroyed as a direct
result of the employee's performance of his/her official duties. Reimbursement shall not be
granted if the negligence or wrongful conduct of the employee was a substantial contributing
factor to the theft, damage, or destruction.
2.4 Cleaning Cweted..23
The City shall provide every uniformed employee with one (1) cleaning per
week of the required uniform, and the City shall provide cleaning for the duty jacket on a
quarterly basis with a contracted cleaner as specified by the City.
Deleted 2006
City of Tigard and TPOA - Expiration Date: June 30, 200
18
Deleted: 23 T~
L2.5-.Equipment Allowance
-
The City will provide an allowance for personnel to purchase department-
required and approved clothing or equipment. The equipment allowance will be in the
amount of one hundred dollars ($100.00) per year, paid by separate check as of the first pay
date following July 1 of each year, and will be for the purpose of reimbursing employees for
the costs of equipment necessary for the performance of their job, including articles of
clothing and footwear.
'aelCb0d:14
ARTICLE, -.SENIORITY
Deleted: 24
L3.1 Definition
Only regular full-time employees shall have seniority. Seniority shall be
achieved following the completion of the probationary period as defined in Section 6.1 and
shall thereafter be established as the employee's total unbroken service in the bargaining unit.
Time spent in the armed forces on military leave of absence, authorized leaves with pay and
time lost because of duty-connected disability shall be included in the employee's total
unbroken length of service. If an employee is on an authorized leave without pay for a•period
in excess of fifteen (15) calendar days, such time in excess of fifteen (15) days shall not apply
to seniority provided that the employee's seniority will not be considered broken or terminated
by authorized leave in excess of fifteen (15) days. In cases where employees were hired on
the same date, seniority order shall be determined by lot. Employees who are promoted to a
position outside of the bargaining unit shall retain existing seniority but shall accrue no
seniority during the time they work outside the unit.
Deteted:.24
X3.2.._ Lgss of Seniority
Seniority shall be broken or terminated if an employee:
(a) Quits;
(b) Is discharged for just cause;
(c) Is laid off and fails to respond to written notice as provided in Article,24; Deleted: zs
(d) is laid off from work for any reason for twenty-four (24) months;
(e) Fails to report to work at the termination of a leave of absence;
(f) While on a leave of absence accepts employment without permission;
(g) Is retired.
If an employee's seniority is broken and he is subsequently hired to work in the
Police Department, his seniority shall run from his most recent date of hire within the
bargaining unit.
Deleted: 24
23.3..APP.lication
Seniority shall apply by classification in the matter of layoff, recall, and shift
and days off bidding, except that if an employee has been demoted, seniority shall include all
time in the employee's present or higher classification within the bargaining unit. Seniority
shall apply by total unbroken service in the bargaining unit for purposes of vacation
scheduling under Section J 5.2. Deleted: i6
Deleted: zoos
City of Tigard and TPOA -Expiration Date: June 30, 200$
19
Deleted:.24
The City will provide the Association with a seniority list on January 1 and
July 1 each year and shall post the list in a conspicuous place available to all employees.
Deletied:25
ARTICLE 24 --LAYOFF AND RECALL
In the event of layoff for any reason, employees shall be laid off in the inverse
order of their seniority in their classification. Any employee who is to be laid off shall be
given a position, in a lower classification in the bargaining unit, providing the employee has
greater seniority than the employee being bumped, and is qualified to perform the
requirements of the job. An employee who is promoted out of the bargaining unit and into
management shall retain his/her unit seniority and may bump back into the unit, if laid off, if
the management employee has the greater seniority as a unit member. The employee shall
bump the employee in the lower class with the least seniority with the department. A sworn
employee may not bump a non-sworn employee unless the sworn employee previously held
the non-sworn classification. Employees shall be called back from layoff according to
seniority in the classification from which the employees were laid off within the department.
No new employees shall be hired in any classification until all employees on layoff status in
that classification have had an opportunity to return to work. An employee on layoff status
shall accept or decline an opening within fifteen (15) days of notice of termination of layoff.
If there is a shortfall of unencumbered general purpose money in the General
Fund and it is necessary to lay off personnel within the bargaining unit, the City and the
Association will meet and consult prior to the City finalizing and implementing its decision.
t)eteted: 2s:
ARTICLE ,25--SHIFT AND DAYS OFF BIDDING
'Deletedi~26
.25.1 Rotation
All shifts shall be rotated each six (6) months on the first Sunday of the first
full pay period in January and July of each year.
2 Deleteda 26
5.2. .iftShift and Da s. Off
..-.y.. .
Prior to regular shift rotation, eligible employees shall be entitled to submit
written bids for shift assignments and days off from the slots made available by the
Department. Employee bids for both shifts and days off shall be submitted in writing to a
designated supervisor at least 30 days prior to the regularly scheduled rotation. Shift and days
off bids shall be honored on the basis of seniority within the bargaining unit except as follows:
(a) Unless written permission is granted by the Chief or a designee, no employee
shall be eligible to remain on the same shift more than 18 consecutive months.
An exception will exist for Records Specialists: who will not be required to
rotate off shift unless the need arises to institute a graveyard shift, in which
case the Association will have an opportunity to meet and confer regarding the
reversion back to an 18 month rotation.
Delebedp 2006::.
City of Tigard and TPOA - Expiration Date: June 30, 200
20
(b) Between regular shift rotations, the Chief or a designee may, for good cause
and based upon a good faith analysis of operational and personnel needs of the
Department, reassign employees to a different shift. Such good faith
assignments shall not be grievable but employees shall receive at least two (2)
weeks notice prior to such re-assignments, unless precluded by an emergency,
and shall be afforded the opportunity to discuss the matter with the Chief.
(c) Probationary employees shall not bid for shifts.
Delebe d: 26
3. . ..O. ..vertim.ee.Waiver-_ . - V~
~5.
1 -
For the purpose of this article, the City shall not be obligated to pay overtime
that arises as a result of shift rotation so long as the employee does not work more than 80
hours in a 14 day period or work more than five (5) consecutive days.
Deleted: 26
25.4 Adjustment of Schedules at Rotation
During the week before and week of the shift rotation, the City may adjust
schedules for the purpose of transitioning to the new shift, to prevent an employee from
working more than five (5). days in a row.
Deleted;; zr
ARTICLE-.PROBATIO NARY PERIOD.
- Deleted::27
,26.1 Definitions
.
Deleted:: individuals
(a) For olice Officers who have less than 24 months satisfactory experience with
a state, county, or municipal law enforcement agency, the probationary period
shall be 18 months.
Deleted: in.Aividuals
(b) For Police Officers with at least 24 months satisfactory experience with a state,
county, or municipal law enforcement agency, the probationary period shall be
12 months.
(c) Non-sworn personnel shall be subject to a 12 month probationary period.
Prior to completion of the probationary period, employees may be discharged
at will and such discharge shall not be subject to the grievance procedure.
Deleted: 27
~.2..Non-Sworn Promotional Probation
All non-sworn Dromotions shall be subject to a six (6) month promotional
probationary period. Any employee who fails to complete the probationary period, including
any employee who is promoted to a position outside the bargaining unit, shall have the right to
be reinstated to the classification he/she held prior to being promoted.
Deleted: z006
City of Tigard and TPOA -Expiration Date: June 30, 200,
21
Deleted: 2a
ARTICLE-.DISCIPLINE AND DISCHARGE
Deleted: 28
7.1 Definition
Disciplinary action or measures for violations of rules or regulations shall
include only the following: oral reprimand, written reprimand, demotion, suspension,
reduction in pay, other monetary assessment or discharge. Notice of suspension or discharge
will be given in writing. Employees are subject to discipline or discharge for just cause.
Deleted: 2s
L.2 Process .
If the City has reason to discipline an employee, the employee shall have the
right to be represented by an Association representative during such procedure. If the City
has reason to discipline an employee, it will take all reasonable measures to assure against
embarrassment of the employee before other employees or the public.
peletedi 28
, 73..Association Representation .
In the event of any interview which may reasonably lead to disciplinary action,
the affected employee shall have the tight to be assisted by an Association representative
during such procedures. The parties mutually agree to the "Internal Investigation Procedures"
attached hereto as Addendum D and incorporated herein.
Deleted: 29.
ARTICLE ~8 --PERSONNEL FILE
No material in any form which can reasonably be construed, interpreted, or
acknowledged to be derogatory shall be placed in the employee's personnel files unless he/she
has been allowed to read such material.
Any employee upon his/her request shall have access to his/her personnel files
and shall have the right of reproduction of his personnel files in full or in part. No portion of
an employee's files shall be transmitted without the explicit consent and request of the
employee, other than to those authorized within the Tigard Police Department, the City
ana er or his/her staff, or a court of competent jurisdiction. The off cial personnel file shall . . Deleted Adtnnustrator .
be maintained in fhe uman Resources De a rt ment.
Deleted..PorsonnelIhvisioq
ARTICLE~9 - WAGES pe!etiid'3o
- Formatted; Une spaang:. Exactly
29.1 Salary Schedules
~orioa. ed 61ets and.Numbering
X.ffective July 1,2006,-increase wages across the board by the amount of the Deleted: Effective July 1, 2004,
increase in the CPI-W1 West Index (annual average) minimum 2.5 percent, maximum 5 increase wages across theboardbythe
percent. amount of 2.2%.1
Deleted: 2005
Effective July 1, 2007, increase wages across the board by the amount of the
increase in the CPI-W, West Index (annual average) minimum 2.5 percent, maximum 5
percent.
Either party may reopen this Section for the purposes of negotiating on a wage
increase for fiscal year 2008-09. In the event one of the parties opens for negotiations, the
parties will commence negotiations on or before January 5, 2008. Deleted: 2006
City of Tigard and TPOA - Expiration Date: June 30, 200
22
Each employee shall be paid at one of the steps in the range prescribed for
his/her classification.
Normally, an employee will be appointed or reinstated at the first step of the
range established for his/her classification. The Chief may make an appointment or
reinstatement above the first step.
Delelit ti; 30
X29.2 Schedule Movement
A new employee or promoted employee is eligible for consideration for
advancement to the next step of the salary range for his/her classification at the beginning of
the next pay period following completion of the equivalent of six (6) months of service.
Advancement of employees to higher pay steps shall not be automatic, but may be made to the
next pay step in the employee's classification, effective on the first day of the next pay period
following the completion of each 12 months of satisfactory work performance. Such
advancement shall be subject to a written employee evaluation by the department head to the
City Manager certifying that the employee had been making normal improvement in the Deiete$: Aaniuistrator
ability to carry out his/her job assignment.
Advancement may be withheld or postponed in the event the employee is not
performing his or her job assignment satisfactorily.
x,93 Promotions - oeaetea 30
II oe>etea carporals'and sergeants
Upon promotion, m to ees will move to the next highest slept minimum S%--
pay increase, computed on the basis of the base rate of pay exclusive of premium, special
assignment, or incentive/longevity pay.
Deletied:;3o
29.4 Demotion
,bel2bed3:`Administrator
Unless a lesser sanction is provided by the City ana er, an employee--------------
voluntarily demoted or demoted as a result of a disciplinary action shall be paid at the same
step of the lower range as he/she occupied before being promoted, with consideration of
length of service of the employee in the higher range. A demoted employee shall retain the
same salary increase date.
Deleted: 30
X9.5 Salary Range Changes
When a range is changed, the employee's pay is based upon the same step of
the new range as in the old. Such changes shall not alter the employee's eligibility for salary
increases.
Deleted: 30
.29.6 Pay Periods
The City shall pay employees once every two weeks.
iDeletigda.31
ARTICLE 0 - NCENTiVE PAY
VeIe0ed."EDU..CA'r1ON
INCF,NriVE 14GEVrTYMERrr
0.1. Certification/Ed....... ucation - . - . . . D.elebed 31
.
.
.
.
Certification pay increments will begin as of the date of issuance shown on the
certification. Educational achievement pay increments will begin as of the date of written Oeleti:d: 2006
City of Tigard and TPOA -Expiration Date: June 30, 2009
23
notice to the City of a degree or equivalent hours. Members of the bargaining unit shall be
eligible for educational and training incentive increments to be applied to their current salary
after meeting the following requirements:
(a) Completion of probation.
(b) Accrual of the necessary education and training oints for the intermediate or
advanced certificate as set forth by Addendum E.'
Incentive premiums and education requirements are as follows:
Sworn Personnel
Premium BPST Certification Educational Achievement
2.5% a. Intermediate
b. A.A./A.S. or equiv. Hours
5% a. Intermediate A.A./A.S. or equiv. Hours
b. Advanced
7.5% a. Advanced A.A./A.S. or equiv. hours
See Addendum E, Sworn Personnel certification Standards.
X0.2 Deleted: 31
Longevity
Longevity merit incentive shall be paid in accordance with the following
schedule only to those employees with five (5) or more years of service with the City on or
before ratification of this Agreement, who elect to be grandfathered into the longevity
premium program in lieu of eligibility for advancement to a sixth (6th) step at five percent
(5%) above Step 5. The one-time election must be made by an eligible employee during the
window period established by the City following ratification of this Agreement:
2% after 5 years
3% after 6 years
4% after 7 years
5% after 8 years
6% after 9 years
7.5% after 10 years
10% after 15 years
Employees with less than five (5) years of service with the City on or before
ratification of this Agreement, will not be eligible for longevity under this section; but will be
eligible for advancement to Ste 6 consistent with Article 9 Section 29.2 ovemin schedule
p g . .....g.. peieted:3o
movement.
The above percentages shall be applied to the individual employee's base salary
but not to exceed a maximum of the top step of the police officer classification salary. These
percentages shall be applied to the base pay step, not including educational incentive pay to
previous longevity increases (i.e., shall not be compounded). Formatted:, sub., wyht: -0.01 Line
spas , g: Exactly q 'pt
30.3 Special Assignment Pay Formatted Buitetsand:Numberi ng
Deleted: 2006
City of Tigard and TPOA - Expiration Date: June 30,2009-
-
24
Recognizing the right of the City to transfer and assign as determined by the Deleted: Effective July 1, 2001, r
Chief, special assignment_pay will bepaid per an employee's current assignment as follows:......
Motorcycle, 5%
K-9' 5%
Detectives 3-5%
Narcotics 3-5%
TNT 3-5%
SRO 3-5%
Gang Enforcmentz 2.5% Formatbed::Font Times New
Transit Police (PPB)3 2.5% Formatted: Font: Times New
Except in the case of Motorcycle and K-9 assignments, employees will receive
3% for the first year in any assignment and will be eligible for an increase to 5% after serving
in the assignment for one year.
Formatted: sub, Right: -0.01, Une
30.4 Bilingual Incentive spacing:. Exactly apt
Fortnatted:.BWets and Numbering
Forifati ed. Fant:
Times New
. an.d.Motor.Cycle Officer activities shall be conducted on-... Fotfnat
i. Canin. .e.Hpndler.
.
.
,du ted Font:; Times 1Vew
ty. Acceptance of . the assignment is based.upon willingness to. care for the animal or the
otorc cle Font: nines New
krm
off dut Em as Canine Handlers or Motorc cle Officers shall
I??......Y ..............Y..EMpt...Y...._o ees-- wh-o serve e a -Y..-
jreceive apay_d ifferenhal of fivepercent (5%) of their base salary while serving in that Formatted: Font:. Times Neal
capac}ty, and shall not receive overtime wages for off-duty are of the an>mal or motorcycle: Formatted:' New
The parties intend to coin. -pensate d..... for any off duty care, cleaning, fueling, feedipg<or groomin
g Formattgdi Font Mmes New.
pt the overtime rate computed based, upon the FLSA or Oregon minimum wage (whichever is
greater). The fivepercent (5%0) differential compensates for approximately 45 minutes per _ Fortgatited Font: Times;New
day. The parties agree that not more than 45 minutes per day- j_ required for off-duty -care of For'i4tted Toni: Times!New
the motorcycle or animal . This agreement is based in part upon the Letter Ruling of
- for
cS matted Font: Times New
e tember 25. 1985 of the Dep.ut...Adm-inistrator Waga and Hour Division . .Un . .ited . . . . . . . ForrriatLed. F,onfc TimStates . h
P.......
es.New
ent of Labor. The arties a ee that commut' to work with the motorc cle or the
pe .part ......m p....-•--- mg - - Y. - .
dog does not constitute"hours of work"_ solely because of being on the bike or because the Formattied: runt: Times New
.
dog is m the vehicle Motorcycle Officers and Canine Handlers shall not be e . . . .ntitled to a call
mrattaediFont: T1mes.New.
~backpremium when duty concems maintenance of the motorc cle or emer enc care of their
g Y Formatted: Font: Times New
nimal Such lime shall be treated as overtime.
Formatted: Font: Times New
2 The Gang Enforcement Officer special assignment pay is in recognition and Forriatteds.Font: Times New
consideration of the more directed patrol mission, the greater likelihood of becoming involved
Forinatted:;FOnt: Times; New
in more complex investigations and the need to address mission schedule flexibility. The Formatted:f66t:jlmesNew
Gang Enforcement Officer Position has a regular work schedule as defined in Section 12.2(a)
and (b). It is agreed that the hours worked by the Gang Enforcement Officer may be flexed. Forma ttetlS Font: Times:New
Formatted: Font: Times New
3 The Transit Police Division special assignment pay is in recognition and Formatted: Font:.Times,N
consideration of the more directed patrol mission, the greater likelihood of becoming involved
in more complex investigations and the need to address mission schedule flexibility and the fO^"at Font T1mesNew
prerequisites of the IGA (Intergovernmental Agreement) between TriMet and the City of Formatted:Fort: TimesNew.
Tigard. The Transit Police Position has a regular work schedule as defined in article 12.2(a) Oman
and (b). It is agreed that the hours worked by the Transit Police Officer may be flexed. When
a Transit Police Officer's shift assignment is changed with the Transit Police unit, this shift
change shall be completed pursuant to Sections 25.3 (Overtime Waiver) and 25.4 (Adjustment
of Schedule at Rotation) of the contract. Deleted: 2006
City of Tigard and TPOA - Expiration Date: June 30, 2002
25
An employee shall be eligible to receive a $50/month Spanish language
premium if they provide the City with proof on an annual basis that they meet standards
acceptable to the City.
Deleted: 31
20.5 Standby
Any employee required to be on standby will be compensated one dollar
($1.00) for every hour so acting.
. Forin;itb* sub, Une spadng:
30.6 Acting Supervisor E,,,actiy 12 pi
Appointment of non-supervisory personnel to a supervisory position may be
made on an acting basis to fill a temporary vacancy. An employee holding an acting
supervisory position shall be entitled to a five percent (5%) premium for all time so assigned.
30.7 Coaching
Non-supervisory personnel assigned to coach newly hired or promoted police
department employees shall be entitled to a pay increase of 5% of the top-step base pay, for
the classification acting as a coach for each day or part of a day.for.the duration of their
acting assignment.
30.8 Hi her Classification
Employees assigned to work in a higher classification, other than what is
described in Sections 30.6 & 30.7 of this Article, shall be entitled to a five percent (5%)
premium for all time so assigned.
Deleted: 3z
ARTICLE ~.-.SAVINGS CLAUSE
If any article or section of this Agreement or any amendment thereto should be
held invalid by operation of the law, or by any lawful tribunal having jurisdiction or if
compliance with or enforcement of any article or section should be restricted by such tribunal,
the remainder of this Agreement and addenda shall not be affected thereby, and the parties
shall enter into immediate collective bargaining negotiations for the purpose of arriving at a
mutually satisfactory replacement for such article or section. The parties agree that the labor
agreement will not serve to restrict the City's obligation to comply with the federal and state
law concerning its duty to accommodate individuals with disabilities.
;Ogleted:33
ARTICLE 2-2.-.TERMINATION
This contract shall be effective as of the date of its signing by both parties or as
I otherwise specified herein and shall remain in full force and effect until June 30, 2009: Deleted s2oD6
eleted 2M6
The parties agree to commence negotiations on or before January 5, 2.O09,_for a d
successor Agreement. This contract shall remain in full force and effect during the period of
negotiations.
ooletedi 2996
City of Tigard and TPOA -Expiration Date: June 30, 2009- .
26
The parties agree to administer this contract and negotiate for a successor
agreement in accordance with ORS 243.650, et. seq.,_the Oregon Public Employee Collective
Bargaining Law. '
oetececi: Zoos
Signed this day of , 2006.
CITY OF TIGARD, OREGON TIGARD POLICE OFFICERS'
ASSOCIATION
City Manager TPOA President
Date: Date:
Peietied zoob
City of Tigard and TPOA - Expiration Date: June 30, 2009
27
ADDENDUM A
CITY OF TICARD, OREGON
TPOA CROUP SALARY SCHEDULE
rotmatto: Left
7/1/06-7/1/07
Deleted' mm-7/lros
Range Classification title Ste 1 Ste 2 Ste 3 Ste 4 Ste 5 Ste i .Del¢6ed;range,:.
Deleted: Ctas~ifieation;T'idg
47 DeletedPi
450 Police Records Specialist Monthly 2,719 2,857 3,000 3,150 3,305 3,47..'
I <eted' step z
Detective Secrets Ho
url 15.69 16.48 17.31 18.17 19.07 Annuall 32 628 34 284 36 000 37 800 39 660 4eted Step k-.
Nlet6d
4 Pro a /Evidence Clerk Monthl 3 010 3 160 3 319 3 486 3 661 3 8 RetordaSpedalut:
45
Deleted Monthly
Senior Records Specialist Hourly 17.37 18.23 19.15 20.11 21.12 22..-:*
Deleted: 3
~ Deleted z 700
I Community Service Annually 36,120 37,920 39,828 41,832 43,932 46
Deleted: 2;836
Officer
Deleted: ,2,978
Deleted: 3,125
Deleted: 3,281
350 Police Officer Monthly 3,761 3,859 4,061 4,272 4,500 412: Deteted: Detective Secretary
' ~ ` Deleted Hourly
Hourly 21.70 22.26 23.43 24.65 25.9b
Deleted 14 83. .
Annually 45,132 46,308 48,732 51,264 54,00 0 5 Deleted 1s §8,
Deleted 16.36
Delete8 1718 -
Deleted 18 03.
. - Deleted'18 93
D.e.,Ad:. A mainly
Vii: ~IEted;!30,852 _
Deleted 32 40Q
Deleted 34 031
Deleted:_35;736
Deleted: 37,500
Deleted: 39,372
let ed: 2006
City of Tigard and TPOA - Expiration Date: June 30, 200
28
Deleted: - ----Page freak -
Deleted; a54 1
Senior Records Clerl(
Delett?d:.Community Service Q` 3 -
DBletedd 350 41
1 %
Deleted: Aoiirly I S
peleted: Annually ti
Deletad:2oo6.
City of Tigard and TPOA -Expiration Date: June 30, 200
.
29
ADDENDUM B
Any request for information by the Tigard Police Officers Association shall be
addressed to the City's Human Resources Director in writing.
The request shall state specifically the information being sought and a
statement as to why the Association believes it is entitled to such information.
The City shall within thirty (30) days either provide the information requested
or object to providing the information. Objections shall be in writing addressed to the
Association President and shall state specifically either why the City believes it is not
obligated to provide the information or what additional information the City believes it needs
to assess whether it should provide the information. Failure to object to the request within
thirty (30) days constitutes a waiver by the City of its right to claim it is not obligated to
provide the information.
The Association has fifteen (15) days from the date of any objection to provide
further clarification or restate its request. Failure of the Association to respond within fifteen
(15) days constitutes a waiver of its right to claim it is entitled to the information.
The City has fifteen (15) days from the date of any clarification or restatement
of the request to provide the information. If the City fails to provide the information at the
end of this period, the Association may seek recourse with the Employment Relations Board.
De3e:Ced: 2tN16
City of Tigard and TPOA -'Expiration Date: June 30, 2009
30
ADDENDUM C
For purposes of determining whether training is mandatory for purposes of
Article &8, Section 18.3(b),_the following guidelines.will. apply- D kftd: i9
Training necessary to certify an employee to perform their specific job duties
and functions, keep an employee certified to perform their job duties and functions, or
required of an employee by the Department to perform their job duties and functions shall be
considered assigned mandatory training.
The following are examples regarding the interpretation of this language:
An employee wants to go to a school to be certified but is not assigned by the
Department and the training is not required for their current assignment, not mandatory.
An employee is assigned as a firearms training officer and needs to get
certified as a firearms instructor before he/she can fulfill their job duties and functions as an
instructor, mandatory.
A motor officer goes to training and is certified. He/she requests to go to the
Annual Motor Training Conference as mandatory training, not mandatory.
neieoed: zoob
City orTigard and TPOA - Expiration Date: June 30, 2004
31
ADDENDUM D
DISCIPLINARY INVESTIGATION PROCEDURES Del? ivtnivAr
A. Advance Notice.
.
Prior to any isci linar investigation which could result in suspension or
discharge, the employee concerned shall be notified not less than twenty-four(24) hours
before the interview or such time as written reports are required, except when, in the opinion
of the City, a delay will jeopardize the success of the investigation or when criminal conduct
is at issue. If the employee is advised in writing that the interview will not be used against
him or her for disciplinary purposes, then the 24 hour notice will not be required. An
employee may voluntarily waive the above twenty-four hour (24-hour) notice. The notice
shall include the specific reasons for the interview, a statement of whether the employee is a
witness or a suspect, and any other information necessary to reasonably inform him/her of the
nature of the investigation. The employee shall be notified of the right to and afforded an
opportunity and facilities, subject only to scheduling limitation, to contact and consult
privately with an attorney and/or a representative of the Association, and to have that
representative and/or attorney present at any interview.
B. The Interview
1. Interview shall be conducted in the Department Office unless mutual
agreement of the parties or the particular circumstances of the situation require another
location.
2. Any interview of an employee normally shall be when he/she is on
duty, unless the serious nature of the investigation dictates otherwise.
3. Parties to the interview shall be limited to those reasonably necessary to
conduct a thorough and fair investigation. The employee shall be informed as to the name,
rank and command, or other similar information of all persons present, if they are unknown to
him/her, and may have an Association or other representative present to witness the interview
and assist him/her.
4. The interview shall be limited in scope to acts, events, circumstances
and conduct which pertain to the subject investigation and shall be conducted in a manner
devoid of intimidation or coercion. The employee shall be granted reasonable rest periods,
with one (1) intermission every hour if so requested. Interviews exceeding two (2) hours shall
he continued only by mutual consent.
5. If the interview is recorded, the employee shall be provided with a copy
of the recording upon request, or he/she may record the interview himself/herself at his/her
own expense, and the City shall be provided with a copy. If any portion of the recording is
transcribed, the employee shall be given a copy. Interview proceedings shall be kept strictly
confidential by all concerned.
Dele*: 2006
City of Tigard and TPOA -Expiration Date: June 30, 2009
32
C. Investigation Findings:
1. When the investigation results in sustained charges of violation of
department policy the employee and the Association upon request, shall be given,a copy of Deleted: bd g filed
the investigation, including all material facts of the matter. If available. such information will
be provided in an electronic format (i.e. PDF or other protected format).
2. When the investigation results in discharge or suspension, the
employee shall be notified immediately of the nature of the action to be taken, the reasons
therefor, and the effective date of such action. Copies of the notice and summary report of the
investigation shall be placed in the employee's personnel file and made available for his/her
inspection.
3. An employee may protest any suspension or discharge through the
regular contract grievance procedure.
Deleted: loos.
City of Tigard and TPOA - Expiration Date. June 30, 2009
33
ADDENDUM E
SWORN PERSONNEL
INTERMEDIATE CERTIFICATION
Minimum 8 yrs 7 yrs 6 yrs 5 yrs. 4 yrs 3 yrs 2 yrs
Years of
Experience
Minimum 15 23 30 38 45 BPST BPST
Training (300 (460 hrs.) (600 hrs.) 760 hrs.) 900 hrs.) Basic Basic
Points, hrs.) Course Course.
Including
BPST Basic
Course
(Equivalent
hours in
parentheses)
Minimum 15 23 30 38 45 Assoc. Bach.
Education Degree Degree
Points
ADVANCED CERTIFICATION
Minimum 12 11 - 10 9 8 9 6 4
Years of
Experience
Training 30 35 40 45 60 BPST BPST BPST
Points, (600 (700 hrs.) (800 hrs.) (900 hrs.) (1200 Basic Basic Basic
Including hrs.) hrs.) Course Course Course
BPST Basic
Course
(Equivalent
hours in
parentheses)___
Minimum 30 35 40 45 60 Assoc. Bach. Mast.
Education Degree Degree Degree
Points
Deleted: 2004
City of Tigard and TPOA -'Expiration Date: June 30, 2
34
ADDENDUM F
SIDE LETTER
Effective with the pay period commencing March 30, 1997, the City agrees to
increase the salary of each sworn officer and each step of the current salary schedule by six
percent (6%). From that time forward, the TPOA agrees that swom officers shall contribute
six percent (6%) of salary to PERS. The City shall withhold from the salary of swom officers
the employee's PERS contribution, with other required withholdings, and shall pay the
amount withheld for PERS to PERS in lieu of payment to PERS by the employee. Sworn
officers shall have no option to receive the amount withheld and contribute directly instead of
having it paid by the City to PERS. For the limited purposes of Internal Revenue Code
Section 414(h)(2) and related tax statutes, the employee's contribution to PERS will be picked
up by the City as a pre-tax contribution as the term "picks up" is used in the Internal Revenue
Code.
This change is not applicable to any employee until they become eligible and
qualified for membership in PERS.
Effective January. 1, 2002, this provision will no longer be in effect and the
City will begin paying the employee six percent (6%) pickup in lieu of a wage increase on
July 1, 2001, in accord with Article 17, Section 6 and Article 30, Section 1.
Deleted: 1006
City of Tigard and TPOA - Expiration Date: June 30, 2009
35
1
Memorandum of Understanding
The parties agree that the Chief reserves the right to reinstate an 18 month
rotation for records clerk if he identifies an operational issue with remaining on fixed shifts
[ieleted: ztioi;
City of Tigard and TPOA -Expiration Date: June 30, 2009
36
Page 29: [1] Deleted Ken Bemis 4/25/2006 7:40 AM
454
Page 29: [1] Deleted Ken Bemis 4/25/2006 7:40 AM
Property Evidence Clerk
Page 29: [1] Deleted Ken Bemis 4/25/2006 7:40 AM
Monthly
Page 29: [1] Deleted Ken Bemis 4/21/2006 6:33 PM
2,846
Page 29: [1] Deleted Ken Bemis 4/21/2006 6:33 PM
2,987
Page 29: [1] Deleted Ken Bemis 4/21/2006 6:33 PM
3,138
Page 29: [1] Deleted Ken Bemis 4/21/2006 6:33 PM
'3,296
Page 29: [1] Deleted Ken Bemis 4/21/2006 6:33 PM
3,460
Page 29: [1] Deleted Ken Bemis 4/21/2006 6:33 PM
3,633
Page 29: [2] Deleted Ken Bemis 4/25/2006 7:40 AM
Senior Records Clerk
Page 29: [2] Deleted Ken Bemis 4/25/2006 7:40 AM
Hourly
Page 29: [2] Deleted Ken Bemis 4/21/2006 6:33 PM
16.42
Page 29: [2] Deleted Ken Bemis 4/21/2006 6:33 PM
17.23
Page 29: [2] Deleted Ken Bemis 4/21/2006 6:33 PM
18.10
Page 29: [2] Deleted Ken Bemis 4/21/2006 6:33 PM
19.02
Page 29: [2] Deleted Ken Bemis 4/21/2006 6:33 PM
19.96
Page 29: [2] Deleted Ken Bemis 4/21/2006 6:33 PM
20.96
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Community Service Officer
Page 29: [3] Deleted Ken Bemis 4/25/2006 7:40 AM
Annually
Page 29: [3] Deleted Ken Bemis 4/21/2006 6:33 PM
34,152
Page 29: (3] Deleted Ken Bemis 4/21/2006 6:33 PM
35,844
Page 29: (3] Deleted Ken Bemis 4/21/2006 6:33 PM
37,656
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39,552
Page 29: [3] Deleted Ken Bemis 4/21/2006 6:33 PM
41,520
Page 29: [3] Deleted Ken Bemis 4/21/2006 6:33 PM
43,596
Page 29: [4] Deleted Ken Bemis 4/25/2006 7:40 AM
350
Page 29: [4] Deleted Ken Bemis 4/25/2006 7:40 AM
Police Officer
Page 29: [4] Deleted Ken Bemis 4/25/2006 7:40 AM
Monthly
Page 29: [4] Deleted Ken Bemis 4/21/2006 6:33 PM
3,555
Page 29: [4] Deleted Ken Bemis 4/21/2006 6:33 PM
3,648
Page 29: [4] Deleted Ken Bemis 4/21/2006 6:33 PM
3,839
Page 29: [4] Deleted Ken Bemis 4/21/2006 6:33 PM
4,039
1
Page,29: [4] Deleted Ken Bemis 4/21/2006 6:33 PM
4,254
Page 29: [4] Deleted Ken Bemis 4/21/2006 6:33 PM
4,466
Page 29: [5] Deleted Ken Bemis 4/25/2006 7:40 AM
Hourly
Page 29: [5] Deleted Ken Bemis 4/2112006 6:33 PM
20.51
Page 29: [5] Deleted Ken Bemis 4/21/2006 6:33 PM
21.05
Page 29: [5] Deleted Ken Bemis 4/21/2006 6:33 PM
22.15
Page 29: [5] Deleted Ken Bemis 4/21/2006 6:33 PM
23.30
Page 29: [5] Deleted Ken Bemis 4/21/2006 6:33 PM
24.54
Page 29: [5] Deleted Ken Bemis 4/21/2006 6:33 PM
25.77
Page 29: [6] Deleted Ken Bemis 4/25/2006 7:40 AM
Annually
Page 29: [6] Deleted Ken Bemis 4/21/2006 6:33 PM
42,660
Page 29: [6] Deleted Ken Bemis 4/21/2006 6:33 PM
43,776
Page 29: [6] Deleted Ken Bemis 4/21/2006 6:33 PM
46,068
Page 29:16] Deleted Ken Bemis 4/21/2006 6:33 PM
48,468
Page 29: [6] Deleted Ken Bemis 4/21/2006 6:33 PM
51,048
Page 29: [6] Deleted Ken Bemis 4/21/2006 6:33 PM
53,592
Agenda Item #
Meeting Date May 23, 2006
COUNCIL AGENDA ITEM SummARY
City Of Tigard, Oregon
Issue/Agenda Title Name the Cook Park Baseball Fields the "John Anderson Baseball Fields"
Prepared By: Dan Plaza Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
* Council is being asked to consider naming the Cook Park baseball fields the "John Anderson Baseball Fields" in
honor of John Anderson.
* John Anderson was an avid supporter of Tigard youth.
* John Anderson was a community activist who worked tirelessly on the improvements made at Cook Park including:
land acquisition, installation of new athletic fields, rehabilitation of existing fields, and the construction of a
concession/restroom building.
STAFF RECOMMENDATION
Approve the naming of the Cook Park baseball fields as the "John Anderson Baseball Fields."
KEY FACTS AND INFORMATION SUMMARY
* John Anderson served as the Secretary of the Atfalati Recreation District (ARD) until his death last year.
* John Anderson was instrumental in putting together the cooperative agreement between the City and ARD.
* Honoring John Anderson will be positively received throughout the community.
* A plaque, reading "John Anderson - A man who cared about kids and worked tirelessly on their behalf - June 18,
2006," will be placed near the baseball fields.
* A ceremony, similar to the naming of the Nicoli Fields, will be held during the Balloon Festival on June 18, 2006.
* In accordance with Resolution No. 99-37, the Council has the authority to name City facilities.
OTHER ALTERNATIVES CONSIDERED
The Council could choose not to name the baseball fields in honor of John Anderson.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow, Community Character and Quality of Life
Goal #1 Volunteerism - The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest
good for our community.
Planned Action - Recognize Volunteers through events and communication with the community at-large.
ATTACHMENT LIST
1. Resolution
2. Resolution No. 99-37 with Exhibit A
FISCAL. NOTES
The cost of the sign will be $600 to $800 and the cost of the plaque will be $150 to $200. The funds to cover these
costs will come from the parks operational budget.
Attachment 2
CITY OF TIGARD, OREGON
RESOLUTION NO.99- 7 _
A RESOLUTION ESTABLISHING A POLICY OF THE CITY COUNCIL ON PLACING
MEMORIALS. IN CITY PARKS.
WHEREAS, the Tigard City Council desires to have a policy for designating memorials within City park
facilities, City-owned properties and with the naming of building and park properties; and
WHEREAS, the City Council recognizes that over the past several years, various park lands have been
acquired by the City of Tigard and various facilities have been built at City parks and properties which
could appropriately be named in memory of individuals who have provided service to the community; and
WHEREAS, in the past the City has named properties or facilities in memory of individuals without the
benefit of an established City policy; and
WHEREAS, the Council wishes to have a formal policy to apply for official naming of City parks, facilities
and features within parrs.
NOW,-THEREFORE, BE IT RESOLVED by the Tigard City Council thax:
SECTION 1: The City Council hereby adopts the Memorial Policy described in Exhibit "A' attached
hereto.
PASSED: This Q day of 1999.
or - City of Tigard
ATTEST:
City Recorder - City of Tigard
i ladm\cathybouncil\resolutioa memorial policy.dot
RESOLUTION NO.99-,3 ?
Page 1
EXHIBIT "A'!
TIGARD MEMORIAL POLICY FOR NAMING CITY PARK FACILITIES;
DISTINCT ELEMENTS WITHIN CITY-OWNED PROPERTIES, AND CITY
BUILDINGS
PURPOSE:
To outline the policy, criteria and process for designating memorials within City
park facilities, distinct elements within City-owned properties and naming of
buildings and park properties.
BACKGROUND:
As the City adds parks, open spaces and public facilities by acquisition and
donation, the City has found that there is a need for a process to honor
individuals or groups by naming City parks, distinct elements within City-owned
properties or City buildings and to place memorials to advise the public of the
recognition. In addition, the City has been the recipient of bequests which have
required that the. City recognize the financial contributions by memorializing the
gift in some way. Finally, in the past, the City has accepted as a term of
purchase of park land a requirement that' the City acquired property be
developed into a park with a specified park name.
1 1 '
In order that the City Council and staff have guidefines to. follow when
considering requests that memorials be placed within City park facilities or that
City parks or buildings be named after individuals, a policy should be in place.
POLICY:
Land, facilities and features within property owned by the City of Tigard will be
named through an administrative. process in accordance with established criteria
that emphasize community identity and service to the community.
Criteria for naming City park facilities, distinct elements within City-owned
properties, and City buildings:
9. Memorials within City park facilities - Memorials included within this category
are memorials which would be placed on or near basic park amenities, such
as benches, picnic tables, trees, shrubs and plaques. If the memorial meets
park standards for construction and materials, the Parks Division will. assume
maintenance responsibility for the useful life of the memorial. Replacement of
the memorial shall be at the discretion of the Parks Division staff. Interested
parties must submit a written request to the Parks Division regarding the type
of memorial, proposal occasion and significance of the memorial.
Parties interested in placing memorials shall be financially responsible for the
purchase of the memorial. An extensive review process is not necessary for .
these types of memorials. These requests shall be-handled administratively
by the Parks Division to ensure that City standards are met. The Parks
Division has the right to adjust the location of the proposed memorial. The
Parks Division shall notify the City Council of any actions taken to accept and
place new memorials within City parks.
The standards that the Parks Division will follow in regard to park memorials
are:
a) Benches - benches must be made of wood, contoured or flat-styled
pedestal, outdoor benches unless an alternative material is approved
by the Parks Division upon a finding that there are circumstances that
exist that make it appropriate to use the alternative material. Any
bench to be contributed as a memorial and to be placed within City
park facilities shall be purchased through a Parks Division approved
manufacturer. A brass plaque may be attached to the bench but shall
be no larger than 2 '/2 x 6 inches in size. Prior to purchasing any .
bench for display in City parks, an interested party must contact City
staff and review the example of approved benches maintained by the
City staff.
b). Trees - trees planted at City facilities as memorials must be at least 2
inches caliper, native to the area and fit into the existing landscape
scheme of the park area or fit into the adopted plan for tree planting in
that area.
c) Plaques - plaques may be placed. in conjunction with a shrub or tree
which are donated to the City as a memorial. Plaques shall not be
placed as stand alone features. Plaques must be made of bronze and
be no larger than 8 Yx 11 inches in size. Plaques must be set.in
concrete, aggregate rock, or a boulder. City staff shall review the
design of plaque and setting: Examples of the type 'of plaques
approved by the City shall be made available by Parks staff.
2. Distinct elements within City-owned parks - Memorials can be placed at
distinct elements. of City-owned properties, such as shelters, sports fields,
gardens, wetlands, tennis courts, rooms, fountains, ponds, paths, art, etc.
Individuals interested in having a distinct element named in honor of an
individual are required to submit a written request to the Tigard City Council
regarding the particular type of amenity in which they are interested in
sponsoring. Applications shall be made through the Parks Division.
Requests for such amenities may be made to honor an individual who has
passed away or as an honorarium for someone who is living and has made a
contribution to the City, either financially or through civic duty. Review of
such requests shall be made by the City Council. Council approval is
needed. Guidelines regarding signage shall be adopted by Council based on
recommendations made by the Parks Division.
The standards that the Parks Division will follow in regard to signage will.be
kept on record at the Public Works office. Examples of suitable signage will
be available for public viewing.
3. Naming of buildings and park properties - City buildings and park properties
may be named to honor individuals or groups. Interested parties shall submit
a written request to the Tigard City Council regarding the property or building
which they are interested in having Council name in honor of an individual or
group. In addition, the City Council on its own.motion, may consider naming
a building or park. This type of memorial requires extensive review and
Council approval in the form of a resolution. City staff will deal with guidelines
for Council consideration.
The standards that the Parks Division will follow in regard to signage will be
kept on record at the Public Works'office. Examples of suitable signage will
be available for public viewing.
l:ladmlmemorial policy.doc
Agenda Item # 9
Meeting Date ME 23, 2006
COUNCIL AGENDA ITEM SummARY
City Of Tigard, Oregon
Issue/Agenda Title City Acceptance of Dedicated Open Space from Venture Properties, Inc.
Prepared By: Dan Plaza Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
• The City Council has directed staff to acquire park and open space.
• Venture Properties, Inc. wishes to dedicate a one-acre parcel for use as open space.
• The property is located on Solistice Drive, within the Summit Ridge Subdivision, in the City of Tigard just south of
Alberta Rider School.
STAFF RECOMMENDATION
By motion, accept the dedicated property and authorize the City Engineer to sign the dedication deed on behalf of the
City.
KEY FACTS AND INFORMATION SUMMARY
* The City Council has directed staff to acquire park and open space.
• The parcel offered by Venture Properties, Inc. would be conveyed to the City via a dedication deed that has been
prepared by the City Attorney.
• The property, located on Solistice Drive, is within the Summit Ridge Subdivision, in the City of Tigard just south of
Alberta Rider School.
• It is possible to construct a trail on the property that, in the future, could link to other trails and/or subdivisions
in the area.
OTHER ALTERNATIVES CONSIDERED
Not to accept the dedicated property.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
* 2005 City Council Goal #3 - Addressing Growth
Identify and acquire parks and open space.
* 2006 City Council Other Important Goals
Consider opportunities for major greenspaces purchases.
* Tigard Beyond Tomorrow, Parks and Greenways
Goal #2, Open space and greenway areas shall be preserved and protected.
Strategy # 1, Acquire and develop parkland.
ATTACHMENT LIST
1. Dedication Deed
FISCAL NOTES
Other than yearly maintenance, there are no costs related to the acceptance of this property.
City Council Document Transmittal
CITY OF TIGARD
To: OREGON
From:
Date:
I'm sending you:
Document Type: ❑ IGA ❑ Contract
tether c?
Document Name: PL~'a t'm
Approved at the Council Meeting of: 5/,;~-3 /0L,-)
Number Copies Included: 1 c ~c~j; ~a
:~f ak .t `FGA, l
C(/
❑ ,d
Y 4\:)
Agenda Item #
Meeting Date May 23, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Regional Water Contract with the City of Portland
Prepared By: Dennis Koellermeier Dept Head Okay City Mgr Okay CX
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Consider a Regional Water Sales Agreement with the City of Portland
■ The Tigard Water Service Area's (TWSA) current contract is set to expire June 30, 2007.
■ The TWSA is exploring several long-term water supply options which will take years to develop.
■ The TWSA needs to secure an interim water supply until these long-term water sources are online.
■ The Intergovernmental Water Board (IWB) has unanimously endorsed the 10 year agreement.
STAFF RECOMMENDATION
Authorize the City Manager to execute the 10-Year Regional Water Sales Agreement with the City of Portland subject
to final rates falling within 10 percent of the estimated unit price of $1 per one hundred cubic feet.
KEY FACTS AND INFORMATION SUMMARY
■ Due to issues surrounding system ownership, both the IWB and the City Council have consistently stated that
Portland would not serve as the TWSA's long-term, primary water source.
■ Though relatively expensive, the City of Portland is a reliable drinking water supplier.
■ Although the TWSA is actively pursing the development of alternate water sources, this process could take up
to 10 years.
■ Until alternate sources are online, purchasing water from the City of Portland is necessary in order to meet the
TWSA's water demand
■ The City of Portland is offering a 10 year and 20 year agreement. The terms of both agreements are essentially
the same, other than duration and rate of return.
■ Execution of this agreement will result in cost savings over the existing contract.
■ At its May 10, 2006, meeting the Intergovernmental Water Board (IWB) unanimously endorsed the 10 year
agreement. The Board also determined that each Commissioner should present the agreement to their
corresponding city or water district. These presentations have taken place or will take place on the following
dates:
Durham May 23, 2006
King City May 17, 2006
Tigard May 23, 2006
Tigard Water District May 22, 2006
The attached memo provides further details on the following topics related to the agreement:
■ Introduction
■ History
■ Significant Contract Provisions
■ Other Wholesale Customers
■ Side Agreement on the Washington County Supply Line
■ Other Wholesale Customers
■ Cost
■ Process
■ Recommendation
OTHER ALTERNATIVES CONSIDERED
Instead of the 10 year agreement, the Council could decide to endorse the 20-year agreement. This would offer
some short-term savings, but would also eliminate the TWSA's ability to partner in other water supply projects. The
Council could also decide not to endorse either contract, but it is unlikely the TWSA could meet water demand
without Portland water.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Other Important City Council Goals: Secure Long Range Water Source(s)
Urban & Public Services Goal 1, Water and Stormwater, Strategy 1: Investigate developing partnership or contacts
with other jurisdictions to develop a long-term source of water.
ATTACHMENT LIST
1. Memo from Dennis Koellermeier on the Portland Wholesale Water Contract
Exhibit A - Comparison of Current and Proposed Model Wholesale Agreement
Exhibit B - Proposed 10-Year Portland Water Contract
FIscAL NOTES
The initial cost of water from this agreement is anticipated to be $1 per one hundred cubic feet (cc fl. Staff estimates
future cost increases at 5 percent annually. Staff has also assumed that Tigard will continue to operate our ASR
wells at maximum capacity and plans to increase ASR volume to a total of 6 million gallons per day within the next
four years. Based on these assumptions the total cost of this contract over a 10 year period is approximately $26
million.
MEMORANDUM
TIGARD
TO: Mayor and City Councilors
IWB Commissioners
TWD Commissioners
FROM: Dennis Koellermeier, Public Works Director
RE: Portland Wholesale Water Contract
DATE: May 9, 2006
Introduction
The Tigard Water Service Area (TWSA) purchases much of its drinking water from the City
of Portland and is one of Portland's larger wholesale water customers. The TWSA took over
a 25 year contract from the Tigard Water District (TWD) in 1996 when the TWSA was
formed. That contract is set to expire June 30, 2007. The purpose of this memo is to explain
what was done to negotiate a new contract, to evaluate that contract and its impact on the
TWSA, and to make a recommendation on the current Portland Wholesale Water Contract.
History
The TWSA has purchased water from Portland for 24 years. Originally, water was purchased
through a contract negotiated and signed by the TWD. In 1996, when the Cities of Tigard,
King City, and Durham withdrew from the district, the contract was assumed by Tigard as
the service provider for the newly formed Intergovernmental Water Board (IWB). Both the
IWB and the Tigard City Council have expressed their dissatisfaction with the terms of the
existing agreement based on the following issues:
■ No Equity
Portland has never been willing to offer its wholesale customers equity, or ownership,
in its water system. Since system development charge (SDC) monies can only be
invested in capital improvements this non-equity position means that Tigard is forced
to pass the entire cost of wholesale water onto its customers.
■ Penalty Clauses
The TWSA is assessed a substantial financial penalty when water use has exceeded
the negotiated daily maximum.
■ No Cost Control
The existing wholesale pricing methodology does not follow water industry
standards, with several aspects of the methodology clearly slanted in Portland's favor.
Wholesale customers have no input or complaint mechanism.
I:\PW\GREER\DK CorrespondenceTM Water Contract.doc
■ Minimum Purchasing Requirements
The TWSA is required to purchase a minimum of 60 percent of total water used from
Portland
■ Tigard Subsidizes Portland Water Customers
Portland subsidizes costs to its ratepayers with revenues from suburban wholesale
customers. This practice has kept water rates below the industry standard and lower
than the cost of service methodology would support for Portland ratepayers.
Alternately, rates to suburban wholesale customers, like Tigard, are artificially high.
In the hope of securing a more workable contract, Tigard joined forces with fellow
wholesale customers and negotiated collectively with the Portland Water Bureau. This
negotiation process has taken four years, but ultimately resulted in two contract options, a
10 year or 20 year agreement. The terms of both agreements are essentially the same, other
than duration and rate of return.
Significant Contract Provisions
TWSA was an active participant in the negotiations leading to this contract proposal. As is
typical with negotiations, compromise on both sides was required in order to reach an
"acceptable" agreement. The wholesale customers retained two different financial
consultants and an attorney to assist them in the negotiation process. Major issues for the
wholesale customers were cost, rate making methodology, and predictability. Portland
sought to maintain a consistent revenue stream and retain control of the Bull Run system. I
believe each side accomplished most of these objectives. Highlights of the contract terms are
as follows:
■ Term
Two options exist, a 20-year term and a 10 year term. These agreements are identical
with the exception of the rate of return. The 20-year and 10 year contracts have a rate
of return set by the Bond Buyer Revenue Bond Index and the Bond Buyer Revenue
Bond Index plus one percent respectively.
■ Nature of Service
This is a "take or pay" agreement in which the TWSA agrees to pay annually for a
specific quantity of water, whether or not it is used. In exchange, Portland is
obligated to have the water available. The existing agreement is for surplus water,
whereby Portland is not obligated to have water available and is also not obligated to
sell it. Portland was adamant about the "take or pay" condition, asserting it is
necessary to maintain a consistent revenue stream.
I:\PW\GREER\DK CorrespondenceTM Water Contract.doc
■ Conservation
A conservation plan was added to the new agreement in order to comply with state
requirements.
■ Water Quantity
Under the proposed contract, wholesale customers will commit to purchase a certain
amount of water, known as the "guaranteed purchase quantity." For the TWSA, staff
is proposing this quantity be initially set at an annual average of 4 million gallons per
day (mgd). Tigard must pay for this water whether or not it is used and although the
guaranteed purchase quantity can be increased, it can not be decreased.
■ Water Quality
Portland is obligated to deliver water that "meets all applicable drinking water
regulatory requirements" and be from the same source as the water provided to its
own customers.
■ Interruptible Water
The new agreement allows the TWSA to purchase water above the guaranteed
purchase quantity. This water is called "interruptible." Portland is not obligated to sell
interruptible water, and may discontinue its availability with little notice.
In winter, interruptible water rates are 80 percent lower than the regular water rates.
This is critical to the TWSA's water strategy, whereby the discounted interruptible
water is used to fill or "recharge" aquifer storage and recovery (ASR) wells. Currently
we are anticipating the need to purchase approximately 200 million gallons of water
annually for ASR recharge. Tigard's water purchasing strategy is to commit to a low
guaranteed purchase quantity in order to maximize the use of inexpensive
interruptible water.
■ Rate Setting
This is unquestionably the most complicated part of the agreement. The wholesale
customers made significant headway in moving to a more traditional AWWA
sanctioned rate setting model. Other gains were made in:
• cost containment in operations and maintenance
• cost allocation between retail and wholesale customers
• capital cost allocation
• audits
• depreciation
• the methodology for return on investment
These gains will provide greater control over the cost of water throughout the life of
the contract.
I:\P\MGREER\DK CorrespondenceTM Water Contract.doc
■ Dispute Resolution
The current agreement did not have a dispute resolution process. The new agreement
includes a traditional three step process including negotiation, mediation and
arbitration/litigation.
A comparison of the proposed and current contracts is summarized in the attached table
(Exhibit A).
Other Wholesale Customers
Portland continues to be one of the most expensive source options being considered. Not
surprisingly, Tigard and most other westside water providers are exploring the development
of alternate sources. Other large wholesale customers have either taken action or are likely to
take the following action:
Rockwood PUD sign a 20-year agreement
Gresham si a 0-year agreement
Tualatin Valley, Water District sign a 10-year agreement
Tualatin si a 0-year agreement
West Sloe sign a 20-year agreement
Side Agreement on the Washington County Supply Line (WCSL)
TWSA's rates for Portland water average about 30 percent more than Tualatin Valley Water
District (TVWD) and City of Tualatin rates. In the 1980s, both TVWD and Tualatin
participated in the construction of a gravity fed water transmission pipeline called the
Washington County Supply Line (WCSL). At the time, the TWD elected to not participate,
because most of the TWSA's water was being supplied by Lake Oswego. Later, when TWSA
needed to switch to Portland water, the City had no alternative but to take water from a
supply system which pumps the water to a useable elevation. Since there is no energy cost
associated with the gravity fed water, it is substantially cheaper than pumped water.
Staff has convinced the WCSL partners that surplus capacity existed in the line and has
inquired whether Tigard might use this excess capacity. This would involve the construction
of a TWSA connection to the WCSL. Subsequent engineering analysis has confirmed that
for the next 10 year period, surplus capacity will exist during the winter months. The current
partners in the WCSL, Portland, TVWD, Tualatin, and the Raleigh Water District, agree in
principal that Tigard should use this extra capacity to conserve energy and reduce costs.
Details of this side agreement have not been concluded as of this date. Staff estimates the
cost to build the connection at about $500,000 and the potential savings to be as high as $3
million over the life of the 10 year agreement. Additional work is needed to complete this
analysis and side agreement.
Cost
The initial cost of water from this agreement is currently anticipated to be $1 per one
hundred cubic feet (cco. Staff estimates future cost increases at 5 percent annually. This
I:\PW\GREER\DK Correspondence\PDX Water Contract.doc
assumption is consistent with assumptions made by other westside wholesale customers.
Staff has also assumed that Tigard will continue to operate our ASR wells at maximum
capacity and plans to increase ASR volume to a total of 6 mgd within the next four years.
Based on these assumptions the total cost of this contract over a 10 year period is
approximately $26,053,359.
Process
The 1993 Intergovernmental Agreement (IGA) executed between each of the members of
the IWB has specific language relating to the approval process for "long-term" water
contracts. Section 5E of the IGA states:
"Long-term water supply contracts shall be entered into in accord with the best interests of
the water customers within the original District, ignoring city boundaries. Long-term water
supply contracts must be approved by the governing bodies of one less than the number of
jurisdictions holding an ownership interest in the water system. A governing body may not
unreasonably withhold consent to a contract if the contract is supported by sound
engineering analysis, is in the best interests of water customers within the original District
and consistent with the goal of working together to provide all the residents and property in
the original District with a clean, economical water supply. If a proposed long-term water
supply contract is not approved as provided for in this subsection, then the governing bodies
of any two jurisdictions may request mediation under the provisions of ORS Chapter 36 to
determine if approval of the contract has been unreasonably withheld"
Staff proposes, for the purposes of this issue, the 10-year contract is not a long-term
contract, and that action by the IWB and the Tigard City Council is sufficient to enter into
the 10-year contract.
Recommendation
As a result of Portland's position on ownership, both the IWB and the City Council have
consistently stated that Portland would not serve as the TWSA's long-term, primary water
source. Since long-term water sources will take years to develop, the 10-year agreement is
necessary to bridge the gap between Portland and the TWSA's ultimate long-term water
source.
Staff recommends the Intergovernmental Water Board and the City Council approve the 10-
Year Regional Water agreement and authorize the Tigard City Manager to execute this
agreement, subject to final rates falling within 10 percent of the estimated unit price of $1
ccf.
Attachments:
Exhibit A - Comparison of Current and Proposed Model Wholesale Agreement
Exhibit B - Proposed 10-Year Portland Water Contract
I:\PW\GREER\DK CorrespondenceTM Water Contract.doc
Exhibit A
• 1 rison Table Between Ctirrent and Proposed Model Wholesale Agreement
- • - • . •
~ 2005
Provisions Agreement Proposed Agreement
Nature of service Water sold by Portland to wholesalers • Water sold by Portland to wholesalers described
considered "surplus" and defined as "firm supply"
Length of agreement 25 years with automatic 25-year renewal • 20 years with automatic 10-year renewal
3-year notice for non-renewal • 5-year notice for non-renewal b either party
Joint operational guidelines (how the Determined solely by Portland Guidelines established jointly by Portland and
wholesale customers and Portland wholesalers through Water Managers Advisory
cooperate in operating their respective Board, reviewed, amended (if necessary) and
water systems) adopted b Water Bureau Administrator
Water Managers Advisory Board Review of budget and CIP Establish joint operational and data guidelines
• Participate in budget and CIP
development/review processes, input to City
Council
Water quantities Minimum purchase based on percentage of Guaranteed purchase quantity-- a specific,
overall water supply, five-year average committed volume to be purchased from
Portland
• Can buy out of agreement over five years by May be increased but not decreased except
paying minimum purchase "penalty" under special circumstances
• No buy out
Sale of water to other entities Prohibited unless authorized by Portland U Allowed, unless it creates undue risk to the
Portland waters stem
Reliability of supply • No obligation If Portland fails to meet supply needs more than
once in 10 years, purchaser may reduce
purchase commitment b u to 10% per year
Interruptible water No provisions Available at Portland discretion
• Summer and Winter interruptible water priced at
45%, 20% of regular rate respectively if
available
Rates Rate methodology not described in complete • Specific methodology based on American Water
detail Works Association M1 Manual and Cost of
Service Principles
• Costs allocated based on customers' use of
water system
• O&M cost control mechanism
Water conservation No reference Water management and conservation plans to
conform to State regulations
Joint funding for capital improvements Allowed through agreement in which purchaser • Allowed for new facilities or for major
pays its portion of bonded debt for new asset improvements to existing facilities by separate
agreement
• All terms related to joint funding arrangements
determined b separate agreement
Dispute resolution None Three steps: 1) Negotiation, 2) Mediation, 3)
Arbitration/litigation
* The 10-year contract was not available when this
table was prepared, but all terms aside from
duration are identical to the 20-year contract.
EXhiliit B
Regional Water Sales Agreement
10 Year
Presented to
City of Tigard
April 3, 2006
REGIONAL WATER SALES AGREEMENT
(10 YEAR)
TABLE OF CONTENTS
Page
SECTION 1 -NATURE OF SERVICE 2
SECTION 2 - WATER REGULATIONS 3
SECTION 3 - DURATION OF AGREEMENT AND RENEWAL 4
SECTION 4 - WATER MANAGERS ADVISORY BOARD 6
SECTION 5 - GUARANTEED PURCHASE WATER QUANTITIES 10
SECTION 6 - INTERRUPTIBLE WATER 19
SECTION 7 - RATES AND CHARGES FOR GUARANTEED PURCHASE WATER
QUANTITY 20
SECTION 8 - RATES AND CHARGES FOR INTERRUPTIBLE WATER 31
SECTION 9 - WATER SYSTEM PLANNING AND COOPERATION 32
SECTION 10 - RESERVATION OF SYSTEM CAPACITY 33
SECTION I I - CONNECTIONS AND METERING 34
SECTION 12 - PURCHASER-SUPPLIED WATER TO CITY RESIDENTS 35
SECTION 13 - WATER RESOURCE CONSERVATION 36
SECTION 14 - WATER CURTAILMENT AND PROTECTION OF THE WATER SYSTEM.. 39
SECTION 15 - BILLING AND PAYMENT 41
SECTION 16 -JOINT FUNDING OF CAPITAL IMPROVEMENTS 43
SECTION 17 - DISPUTE RESOLUTION 44
I
EXHIBITS
EXHIBIT I - GUARANTEED PURCHASE QUANTITY, SEASONAL PEAKING FACTOR,
DAILY PEAKING FACTOR, AND PRESSURES
EXHIBIT 2 - DEFINITION OF WATER SERVICE CHARACTERISTICS
EXHIBIT 3 - RATE BASE ASSETS
EXHIBIT 4 - FUNCTIONAL ASSET GROUPS
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 1
THIS AGREEMENT is entered into by and between City of
Tigard , herein called "Purchaser," and the CITY OF PORTLAND, a
municipal corporation of the State of Oregon, herein called "City."
The parties recite:
A. Purchaser is a municipal corporation of the State of Oregon and is authorized by its
charter or by state law or both to operate a municipal water system.
B. City is a municipal corporation of the State of Oregon and is authorized by Chapters 2
and 11 of the Charter of the City of Portland to maintain water works for the furnishing of water
to the city, its property, its inhabitants, and to non-inhabitants. The Council of the City is further
authorized to enter into contracts for the supply of water by the city and to sell water to persons,
public and private, outside the city, on terms and conditions the Council finds appropriate.
C. City is further authorized by Section 2-105(a)4 of its Charter to enter into agreements,
without limitation as to term, as the Council finds appropriate for cooperation, consolidation and
maintenance of services with any other public corporation or unit of government.
D. ORS 190.003 to 190.110 authorize units of local government. to enter into
intergovernmental agreements for the performance of their duties or for the exercise of powers
conferred upon them.
E. The service and commodity provided by City pursuant to this Agreement are a special
contract service and are, not provided by City as a common utility service.
Regional Water Sales Agreement (10 Year)
April 3 2006
Page 2
SECTION 1- NATURE OF SERVICE
A. Subject to the terms and conditions contained herein, City agrees to furnish and sell, and
Purchaser agrees to purchase a firm supply of potable water on an annual basis for the life
of this Agreement. The City further agrees to furnish and sell an interruptible supply of
water to be made available for purchase at the City's discretion subject to terms of this
agreement.
B. Water is to be delivered to the purchaser at the place or places, at such pressure or
pressures, and at such flow rate or flow rates as are set forth on Exhibit 1. Provided that
the City is not obligated to meet Purchaser's demands for water during any period of time
that Purchaser operates its system not incompliance with operational rules established
pursuant to Section 4.1).1.
C. The City shall deliver water to the purchaser from the same source or sources of water
that City delivers to City inhabitants. The City shall meet all applicable drinking water
regulatory requirements up to the purchaser's point of delivery.
D. Purchaser's supply of water shall be reduced or terminated only in accordance with the
terms of this agreement.
E. Purchaser recognizes and agrees that no liability for damages shall attach to the City on
account of any failure of supply or changes in pressure, flow rate, or water quality due to
circumstances beyond the reasonable control of the City acting in accordance with
standards of care common and usual in the municipal water supply industry. Examples of
such circumstances include, but are not limited to, natural events such as earthquakes,
landslides and floods, and human-caused events such as terrorism, malevolent acts,
contamination of the water supply, and acts of war.
F. The parties agree and acknowledge that the City of Portland is the owner and operator of
the water supply, storage, transmission, and treatment system, and all facilities and
infrastructure associated with the storage, treatment, transmission, and distribution
systems used in its utility operations. The purchase of water or any other commodity or
service under this agreement shall not constitute purchase of ownership rights to water or
any portion of the water system owned and operated by the City, except as may be
specified herein or may be established by separate agreement. Nothing in this agreement
shall preclude the parties from entering separate agreements involving joint ownership or
joint operation of system elements.
Regional Water Sales Agreement (10 Year)
April 3 2006
Page 3
SECTION 2 - WATER REGULATIONS
A. Purchaser hereby agrees to abide by and be bound by the terms and provisions of Chapter,
21.28 of the Code of the City of Portland, Oregon, as it presently exists or as may be
amended to comply with federal and state law, during the life of this agreement, to the
extent to which such terms and provisions do not conflict with any material provisions of
this agreement.
Regional Water Sales Agreement (10 Year)
April 3 2006 1
Page 4
SECTION 3 - DURATION OF AGREEMENT AND RENEWAL
A. Initial Term
This agreement shall become effective on July 1 of 2006 and shall continue in effect thereafter,
under the terms of this section, unless terminated as provided herein. Each "contract year" shall
run from July 1 through June 30.
B. Initial Five Year Non-Renewal Notice
At any time during the five-year period from July 1, 2011, through June 30, 2016, either party
may give a written notice of non-renewal. If such notice is issued, the contract will terminate on
the next June 30 at least five years but not more than six years from the date of the notice.
C. First Renewal in 2016
If neither party gives notice of non-renewal on or after July 1, 2011, and prior to July 1, 2016, the
contract shall continue for another ten years, through. June 30, 2026.
D. Subsequent Renewals After June 30, 2026
If this contract is renewed pursuant to Subsection 3.C. above, then the contract shall also be
repeatedly renewed for ten year intervals after June 30, 2026, and every ten years thereafter,
unless one of the parties gives a notice of non-renewal underothe terms of Subsection E below.
E. Five-Year Non-Renewal Notice
Either party may provide a written non-renewal notice any time during the second five years of
each ten-year renewal period. If either party gives a notice of non-renewal during the non-
renewal notice period, the contract will terminate on the next June 30 at least five years but not
more than six years from the date of the notice.
For example, if this contract is renewed through June 30, 2026, pursuant to Subsection C above,
then the non-renewal notice period during that term of the contract shall run from July 1, 2021,
through June 30, 2026. If either party gives written notice of non-renewal during that period of
time, the contract shall terminate on the next June 30 five years or more but less than six years
from the date of the notice. If no party gives notice of non-renewal during that period, the
contract will be automatically extended through June 30, 2036. If the contract is extended to
June 30, 2036, the next non-renewal notice period would then run from July 1, 2031, through
June 30, 2036.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 5
SECTION 3 - (Continued)
F. Effect of Renewals on Cost Cap and Supply Reliability
The five-year period used to judge the City's compliance with the cost cap established by
Subsection 7.1. shall be restarted at each renewal of this contract. The ten-year period used in'
calculating the City compliance with its reliability obligations described in Section 5.F.2 shall be
restarted at each renewal of this contract.
Regional Water Sales Agreement (10 Year)
April 3 2006
Page 6
SECTION 4 - WATER MANAGERS ADVISORY BOARD
A. General
A Water Managers Advisory Board (WMAB) shall be established no later than thirty (30) days
after five or more Purchasers have approved a Water Sales Agreement with the City that includes
this provision, and will continue during the term of this agreement. Purchaser is eligible for
participation in the WMAB. The WMAB shall consist of two representatives of the City Bureau
of Water Works, to be named by the Administrator, and one representative of each participating
entity that has signed a contract to purchase water from the City containing a provision allowing
its participation on the WMAB. The City of Portland Water Bureau will provide staff support to
the WMAB and will be. responsible for keeping the official records.
B. Meetings and Bylaws
The WMAB shall meet regularly to communicate with and make recommendations to the
Administrator regarding matters relating to the City's sale of water to participating purchasers.
The WMAB may adopt such bylaws concerning its--.organization and governance as-a majority of
the membership shall see fit. The role of this Board is advisory in nature and, except as specified
herein, no rule, bylaw, or action of the WMAB may alter any term of this agreement.
C. Committees
The WMAB shall be responsible for establishing committees as needed to address ongoing
needs, which may include: ,
1. Water Resource Conservation - Possible responsibilities for such a committee are
outlined in Section 13 - Water Resource Conservation;
2. Operations Coordination - Possible responsibilities for such a committee may
include coordinating supply system routine and emergency operations among the
City and its wholesale Purchaser with the goal of providing efficient and cost-
effective system operations; and
3. Other committees, as identified by the WMAB.
D. Creation of Operating and Information Standards
1. The WMAB shall recommend to the Administrator standard water system
operating practices necessary or advisable to enhance the efficiency, reliability,
and cost-effectiveness of the supply, transmission, and storage of water provided
under this agreement. These standard operating practices will address issues such
as, but not necessarily limited to, forecasting seasonal demands, forecasting peak
demands, managing the system to minimize the impact of peak demand periods,
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 7
SECTION 4 - (Continued)
security and emergency management, use of storage, and timing of deliveries of
water. Pending recommendations from the WMAB, the Administrator shall adopt
interim operating practices and upon receipt of the recommendations, the
Administrator shall adopt the recommendations, with such alterations as he or she
deems necessary or advisable. The Purchaser agrees to operate its system in a
manner consistent with such established operating practices and in keeping with
responsible use of the City's water supply system.
2. The WMAB shall recommend to the Administrator what information and data he
or she shall require each participating Purchaser to provide, in order to allow
efficient, reliable, and cost-effective provision of water under this Agreement.
The Administrator shall adopt these recommended information requirements, with
such alterations as he or she deems necessary or advisable. Such information may
include, but is not necessarily limited to:
(a) System maps with mains, pump stations, tanks, and suPP1Y conne o s•
(b) Connections and usage from other supply sources;
(c) Total existing and new service connections by category; -
(d) Key benchmarks to be identified by the Operations Group such as but not
limited to standards for operational norms, notification deadlines,
protocols for communication;
(e) Water quality data;
(f) Purchaser facilities' standards for operation to minimize peak and
emergency events; and
(g) Emergency contact information for each provider and any agreements that
have been signed by individual providers to address emergency response.
3. The WMAB shall periodically evaluate Purchasers' compliance with the
information requirements and standard operating procedures and shall provide the
Water Bureau Administrator with findings and recommendations to assure
ongoing compliance.
Regional Water Sales Agreement (10 Year)
April 3, 2006 1
Page 8
SECTION 4 - (Continued)
E. Rate Review
In order to provide timely notification to Purchaser of proposed changes in rates, charges, and
rate design and an opportunity for Purchaser to evaluate such proposalsaand be heard before the
City Council, City agrees that the following steps shall be taken annually.
1. Capital Improvement Program.
(a) On an annual basis, Purchaser, through the WMAB, shall be invited to
participate in development of that portion of the Water Bureau's Capital
Improvement Plan addressing capital improvements used to serve
Purchaser or other participating Purchasers;
(b) Capital planning will take place in a mariner sufficiently timely to ensure
Purchaser. effective participation in the City's capital budget deliberations
each year;
(c) City and WMAB will identify criteria to be considered in prioritizing
capital improvement projects. City will also share its proposed ranking of
projects for funding and completion and its proposed schedule for such
capital improvements. Purchaser will be provided reasonable opportunity
to present suggestions and recommendations for changes to the proposed
Capital Improvement Plan, specific capital projects, and for improvements
in the capital planning and financing process;
(d) At a minimum, the City will host at least one meeting a year to discuss the
Water Bureau's Capital Improvement Plan on a schedule sufficient to
allow Purchaser participation in the City's capital budget deliberations
each year.
2. Operation & Maintenance Budget
(a) On an annual basis, Purchaser, through the WMAB, shall participate in
review of the Water. Bureau's Operations and Maintenance budget for the
water supply system used to serve Purchaser or other participating
Purchasers;
(b) Water Bureau O & M budget development and review will take place in a
manner sufficiently timely to ensure Purchaser effective participation in
the budget deliberations each year;
(c) The WMAB will be provided the opportunity to participate in the budget
development and review process, including steps such as:
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 9
SECTION 4 - (Continued)
(i) The Administrator will report to WMAB at the commencement of annual
financial plan and budget preparation, and report each month to the WMAB on
progress in the budget preparation and any particular budgetary issues or concerns
related to that part of the water supply system used to serve the Purchaser and
other members of the WMAB. Reports may be in writing or at WMAB meetings.
(ii) A reasonable time, but no less than two weeks, prior to submission of the
Water Bureau budget to the Mayor, the Administrator shall report to'the WMAB
on the current state of budget and financial plan preparation and provide his or her
best estimate of the final budget for submission to the Mayor related to that part of
the water supply system used to serve the Purchaser and other members of the
WMAB and shall consult with the WMAB about the budget to be proposed to the
Mayor.
(iii) The Administrator will provide WMAB a presentation concerning the Water
Bureau budget request to the Mayor and the Water Bureau financial plan'fo `ihe
'following* fiscal year and provide copies of the budget request and financial plan
'for review and comment. The budget request and the financial plan will be made
available to WMAB on or as soon as reasonably possible after the date they are
submitted to the Mayor.
(iv) The City will advise Purchaser in writing of significant changes in the
proposed Water Bureau Budget after its submission to the Mayor.
(v) When the City Bureau of Water Works files its annual rate ordinance with the
City Council Clerk, a copy of said ordinance will be forwarded to Purchaser,
accompanied by a letter giving the dates on which the City Council is scheduled to
consider rates.
3. Purchaser, through. the WMAB, may offer comments on the annual rate ordinance
in writing or in personal testimony before the City Council.
F. Protection of Confidential Information
Information submitted to or produced by the WMAB or otherwise exchanged by the
parties to this Agreement and similar wholesale water agreements may include documents related
to the vulnerability or security of water.supply systems. The parties agree that if either receives a
public document request for such information, the party receiving that request shall, prior to
release of any documents, expeditiously notify the entity about whose system information is
sought and shall, in addition, assert all applicable exemptions to release of the documents
available under the Oregon Public Records Law.
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 10
SECTION 5 - GUARANTEED PURCHASE WATER QUANTITIES
A. General Guaranteed Purchase Payment Obligation
s
Unless excused by some other provision of this Contract, Purchaser agrees to pay City each year
a sum of money (its "guaranteed purchase payment") equal. to the annual water rate applicable to
Purchaser for that year times the Purchaser's "guaranteed purchase" quantity of water. Payments
shall be made as provided in Section 15, Billing and Payment.
B. Guaranteed Purchase Ouantities And Peakiniz Factors
1. Guaranteed Purchase Quantity. For purposes of calculating annual rates and
determining Purchaser's minimum payment, Purchaser's guaranteed purchase
quantity (expressed in annual average daily demand and in total nionthly
demands) shall be.the quantity identified in Exhibit 1 to this contract, unless
changed pursuant to the terms of this contract.
2. Seasonal Peaking Factor.
a. Except as.otherwise provided in this agreement, for purposes of calculating
monthly demands and annual rates and determining Purchaser's minimum
payment, Purchaser's "seasonal peaking factor" shall be the seasonal peaking
factor identified in Exhibit.1 to this contract unless changed pursuant to the terms
of this contract. "Seasonal peaking factor" is the ratio of the Purchaser's
guaranteed purchase average daily demand.placed on the City system during the
"peak season" to the Purchaser's guaranteed purchase annual average daily
demand. For this calculation "peak season" is the period of time from July 1
through September 30. For purposes of ratemaking and calculating monthly
demands, the seasonal peaking factor excludes purchases of interruptible water.
b. For purposes of Section 5 of this agreement, the Purchaser's "actual seasonal
peaking factor" shall be the ratio of the Purchaser's actual average daily demand
placed on the City system during the peak season (as'determined from City water
supply data) to the Purchaser's guaranteed purchase annual average daily demand.
3. Daily Peaking Factor.
a. Except as otherwise provided in this agreement, for purposes of calculating
annual rates and determining Purchaser's minimum payment, Purchaser's "daily
peaking factor" shall be the daily peaking factor identified in Exhibit 1 to this
contract unless changed pursuant to the terms of this contract. "Daily peaking
factor" is the ratio of the daily average derived from the Purchaser's highest three
consecutive days of purchases to its annual average daily demand for the contract
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page I 1
SECTION 5 - (Continued)
year. For purposes of ratemaking and calculating monthly demands, the daily
peaking factor excludes purchases of interruptible water.
b. For purposes of Section 5 of this agreement, the Purchaser's "actual daily
peaking factor" shall be ratio of the daily average derived from the Purchaser's
actual highest three consecutive days of purchases (based on City data) to-its
guaranteed purchase annual average daily demand for the contract year.
C. Changes In Guaranteed Purchase Quantities
1. Reductions In Guaranteed Purchase Quantities
Except as specifically provided for in this contract, Purchaser's guaranteed purchase quantity
may not be reduced during the term of this contract except by a contract amendment.
2. Increases in Guaranteed Purchase Quantities
On any March 15 during the term of this contract, Purchaser may request that its guaranteed
purchase quantity be increased. The Administrator may accept or reject such request, in whole or
in part. The Administrator shall respond to any request for an increase in guaranteed purchase by
May 1 of the same year the request is made. Unless otherwise agreed by Purchaser and the City,
any increases in guaranteed purchase agreed to under this provision shall be. effective for the
remaining term of the contract.
If on any. March 15, more than one Purchaser under a similar wholesale water agreement requests
an increase in guaranteed purchase and the Administrator determines that he or she can prudently
approve some increase in guaranteed purchases, but cannot approve all pending requests in total,
then the Administrator may grant such overall increase in guaranteed purchase as he or she.
deems prudent, provided that when granting partial approvals of more than one request, the
Administrator shall grant such approvals in proportion to the then existing guaranteed. purchase
quantity of each requesting Purchaser compared to the total of then existing guaranteed purchase
quantities of alt requesting Purchasers. If the Administrator cannot grant Purchaser's original
request in total, the Purchaser may elect to withdraw its requested increase in guaranteed
purchase quantity. All increases in guaranteed purchase quantities shall be confirmed in writing
and signed by both parties.
3. Transfers of Guaranteed Purchase Quantities
With approval of the Administrator; which shall not be unreasonably withheld, Purchaser may
alter its guaranteed purchase quantity (and its guaranteed purchase obligation) by transferring all
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 12
SECTION 5 - (Continued)
or some of its guaranteed purchase quantity to another municipal entity with a valid similar
wholesale water agreement with the City. Withholding approval shall be deemed reasonable in
the following circumstances only: the Administrator determines that the transfer would require
changes in the City water system infrastructure or reduce the reliability of the water supply
system. In these two circumstances, nonetheless, the Administrator shall endeavor to approve
transfers with such conditions as he or she deems necessary or advisable to avoid the need to
make changes in the City water system infrastructure or reduction in the reliability of the water
supply system.
4. Sale of Guaranteed Purchase Water
Purchas er may sell water purchased from the Cityas part of its guaranteed purchase quantity to
other water suppliers, upon approval of the Administrator, which will not be unreasonably
withheld. Withholding approval shall be deemed reasonable in the following circumstances
only: the Administrator determines that the transfer would require changes in the City water
system infrastructure, or reduce the reliability of the water supply system. In these two
circumstances, nonetheless, the Administrator shall endeavor to approve sales of water with.such
conditions as he or she deems necessary or advisable to avoid the need to make changes in the
City water system infrastructure, or reduction in the reliability of the water supply system.
D. Changes in Seasonal Peakin Factor
1. Requested Changes to Seasonal Peaking Factor
Subject to limitations of Section 5.D.2(a) below, at any time prior to December 1 of each year of
the second through fifth year of this contract, Purchaser may request in writing that its seasonal
peaking factor for Years 3 through 6 of this Contract be changed from that identified for Year 1,
as set out in Section 5.B.1(b) above. Purchaser's requested seasonal peaking factor shalt be no
less than the average of the Purchaser's actual seasonal peaking factor for the previous years
under this contract.
Prior to December 1 of Contract Year 6 and every year thereafter, Purchaser may request in
writing a change in Purchaser's seasonal peaking factor. Any requested change shall take effect
on the first day of the next contract year and shall continue as Purchaser's seasonal peaking
factor thereafter unless changed pursuant to the terms of this contract. Purchaser's requested
seasonal peaking factor shall be no less than the average of the Purchaser's actual seasonal
peaking factor for the five previous years under this contract.
Upon receiving such a request, the City shall adjust the Purchaser's seasonal peaking factor
unless the Administrator determines that, to do so would reduce the reliability of the water supply
system.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 13
SECTION 5 - (Continued)
2. Excess Seasonal peaking factors
(a) Except as provided in Section 5.D.2(b) below, if in any year Purchaser's
actual seasonal peaking factor exceeds by more than 10% the seasonal
peaking factor set by the terms of this contract for the purposes of
calculating rates in that year, the Administrator shall recalculate' the year's
rates and in the next available contract year shall impose on the Purchaser
a surcharge equal to the difference in the Purchaser's guaranteed purchase
payment under the original rates and the Purchaser's guaranteed purchase
payment under the rates as recalculated using the Purchaser's actual
seasonal peaking factors. When calculating rates for the year in which the
surcharge is to be collected, the City shall treat the surcharge as an offset
to the otherwise estimated annual revenue requirements for all wholesale
and retail customers of the system. The Administrator may also increase
the Purchaser's seasonal peaking factor to the actual excessive seasonal
peaking factor for the purpose of calculating rates for a period of7~-Years
and the Purchaser shall not be entitled to reduce its seasonal peaking factor
as described in Section 5.D.1 during this same five year period. Ifahe
Administrator determines that honoring Purchaser's actual excessive
seasonal peaking factor for the five year period would reduce the reliability
of the system or threaten the water supply of any other wholesale
purchaser of water from the City, he or she may refuse to honor the:
increased seasonal peaking factor and take steps he or she deems necessary
or advisable to protect the system and other Purchasers, as provided in
Section 5.F, Excess Demand.
(b) The provisions of Section 5D.2(a) shall not apply if the excess seasonal
peaking factor resulted from the direct result of Acts of God, malevolent
acts, contamination of the water supply, or events beyond the Purchaser's
control if the consequences of any such circumstance or event could not
have been avoided through the exercise of the standards of care common
and usW in the municipal water supply industry.
E. 'Changes In Daily Peaking Factor
1. Daily Peaking Factors For Contract Years 2 Through 5
(a) Except as it is changed upon Purchaser's request as provided in Section 5. E. I (b), for
rate-making purposes in the second through fifth contract year, Purchaser's peaking factor shall
be the average of its actual daily peaking factor for all previous contract years, based on demand
data collected by the City.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 14
SECTION 5 - (Continued)
(b) At any time prior to December I of the first through fourth contract years, Purchaser
may request that its daily peaking factor for the next year, as "calculated in Section 5.E. L(a), be
altered up or down by no more than 20 percent. Except as provided in Section 5.E.3, for
ratemaking purposes in the next year, the City shall use the daily peaking factor identified by the
Purchaser consistent with this section, unless the Administrator determines that honoring the
requested peaking factor would reduce the reliability of the system or threaten the water supply
of any other wholesale purchaser of water from the City.
2. Daily Peaking Factors For Contract Years 6 And Thereafter
(a) Except as it is changed upon Purchaser's request-as provided in Section 5.E.2.(b), for
rate-making purposes in the sixth and.subsequent contract years; Purchaser's peaking factor shall
be the average of its actual daily peaking factor for the five preceding years, based on demand
data collected by the City.
(b) By December 1 of the fifth contract year and-each year thereafter, Purchaser may
request that its daily peaking-factor, for the next,year,; as calculated in..Section.5.E.2.(a);.,. be.
altered up or down by no more than 10 percent. Except as provided in Section. 5.E.3., for
ratemaking purposes in the next year, the City shall use the. daily peaking factor identified by the
Purchaser consistent with this section, unless the Administrator determines that honoring the
requested peaking factor would reduce the reliability of the system or threaten the water supply
of any other wholesale purchaser of water from the City.
3. Excess Daily Peaking Factors
(a) Beginning in contract year 3, and for each year thereafter, except as
provided in Section 5.E.3(b) below, if in any year Purchaser's actual daily peaking
factor exceeds by more than 20% the daily peaking factor set by the terms of this
contract for purposes of calculating rates in that year, the Administrator shall
recalculate the year's rates and in the next available contract year shall impose on
the Purchaser a surcharge equal to the difference.in the Purchaser's guaranteed
purchase payment under the original rates and the Purchaser's guaranteed
purchase payment under the rates as recalculated using the Purchaser's actual
daily peaking factors. When calculating rates for the year in which the surcharge
is to be collected, the City shall treat the surcharge as an offset to the otherwise
estimated annual revenue requirements for all wholesale and retail customers of
the system. In addition, for five years after the year in which the Purchaser's
actual daily peaking factor exceeds by more than 20% the daily peaking factor set
by the terms of this contract for purposes of calculating rates in that year, the
Administrator need not honor any request by Purchaser to alter the Purchaser's
calculated daily peaking factor pursuant to Sections 5.E. I (b) or 5.E.2(b).
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 15
SECTION 5 - (Continued)
(b) The provisions of Section 5E.3(a) shall not apply if the excess daily
peaking factor resulted from the direct result of Acts of God, malevolent acts,
contamination of the water supply, or events beyond the Purchaser's control if the
consequences of any such circumstance or event could not have been avoided
through the exercise of the standards of care common and usual in the municipal
water supply industry.
F. Release Of Purchaser From Guaranteed Purchase.Obli ations
1. Changes in Guaranteed Purchase Quantities In Case Of Short-Term Curtailment
(a) Reduction or Shift of Guaranteed Purchase Quantity
Purchaser's guaranteed purchase quantity (and, as appropriate, its
guaranteed 'purchase annual payment) shall be altered, at Purchaser's
request, for any year in which the Purchaser acts on a request by pity
to reduce or curtail demand below its established guaranteed pure g
quantity for more than five consecutive days. Any request must be riade
in writing to the City within 30 days after the Purchaser is no longer
reducing or curtailing demand upon the City's request. At Purchasdi's
option, the quantity of water it did not purchase during a reduction or
curtailment period of more than 5 consecutive days shall either: (a)"be
excluded from that year's guaranteed purchase quantity or (b) be shifted to
another time of the year when curtailment is not in effect. Provided,
however, that the Administrator need not honor a request to shift
quantities to other times if he or she determines that to do so would
threaten the reliability of the water system.
(b) Quantification of Reduction or Shift in Guaranteed Purchase Quantity
For purposes of Section 5.F.1, the Administrator shall calculate the
reduction in water used by the Purchaser (and, therefore, the amount of the
guaranteed purchase quantity reduction or shift) by considering the
difference between the Purchaser's actual water usage during the period of
curtailment or water use reductions and the Purchaser's guaranteed
purchase demand projections for the same period and such other
information available to the Administrator that he or she determines can be
used to assist in making the calculations.
(c) Seasonal Peaking Factor Effects
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 16
SECTION 5 - (Continued)
Reductions or shifts of guaranteed purchase quantities pursuant to Section
5.F:1 shall not alter the Purchaser's seasonal or daily peaking factors for
purposes of future ratemaking.
2. Changes in Guaranteed Purchase Quantities In Case of Failure of Supply
(a) Except as provided in Section 5.F.2(d) below, if the City fails to supply
Purchaser's guaranteed purchase demand for more than 30 consecutive
days more than one time in any period of ten consecutive years, the
Purchaser may declare its intention to reduce its guaranteed purchase
quantity pursuant to this Subsection.
(b) For purposes of Section 5.17.2, the Administrator shall determine if there
has been a failure to meet guaranteed purchase obligations by considering
the difference between the Purchaser's actual water usage during the
....period of curtailment or. reduced water supply and the Purchaser's
.guaranteed purchase demand projections and. such other information'
available to the Administrator that he or she believes can be used to assist
in making the determination.
(c) Procedure to Reduce Guaranteed Purchase Quantities
L To reduce its guaranteed purchase quantity under this Subsection,
Purchaser must give written notice to the City of its intent to. do so.
The notice must be given any time after the 31 st day of the failure
of supply, but not more than 60 days after supply has been fully
reestablished.
ii. Having given notice under Subsection 5.F.2(c)i, Purchaser may
thereafter reduce its guaranteed purchase from the City by up to
10% of the guaranteed purchase quantity in effect the day before
the failure of supply each year for the remaining years of the then
current contract term and the next ten year term if the contract is
renewed. To reduce its guaranteed purchase for any contract year,
Purchaser must provide written notice of the reduction to the City
no later than December 31 of the preceding contract year.
Provided that to continue reducing its minimum quantity after any
contract renewal, Purchaser must give written notice to the City of
its intent on or before the date of renewal.
a
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 17
SECTION 5 - (Continued)
iii. If Purchaser elects to reduce its guaranteed purchase quantities
pursuant to the terms of this Subsection, all other terms .of the
contract shall continue in effect.
(d) Purchaser shall not have the option to reduce its guaranteed purchase
obligation under this Subsection if the City's failure to supply Purchaser's
guaranteed purchase was caused by Acts of God, malevolent acts,
contamination of the water supply, or event's beyond the City's control if
the consequences of any such circumstance or event could not have been
avoided through the exercise of the standards of care common and usual in
the municipal water supply industry.
(e) The ten year period for judging this obligation shall restart at each renewal
of this contract. (See Section 3.F.)
G. Excess Demands
1. Reduction in Supply
Should Purchaser place demands on the system in excess of that agreed to between City and
Purchaser or not in compliance with the Operating Standards adopted pursuant to Section 4,
WMAB, in a manner that jeopardizes the reliability and safety of the Portland water system or
compromises the City's ability to meet its obligations to other customers, the Administrator may
take such steps as are necessary or advisable to protect the system. Such actions may include, but
are not limited to reducing the supply of water flowing to the Purchaser. If the water. system
infrastructure does not allow the Administrator to make such supply reductions, the
Administrator may construct control devices as may be needed to suitably control Purchaser's
demands. The cost of such improvements shall be fully recovered through a surcharge billed.to
Purchaser and added in equal installments to the Purchaser's monthly invoices during the four
months following completion of construction.
2. Calculation of Excess Demands
For purposes of Section 5.G, the Administrator shall determine whether Purchaser has imposed
excess demands on the system using any information available to the Administrator that he or she
determines can be used to assist in making the determination. The Administrator's determination
shall be subject to review and comment by the VRAAB.
H. Increased System Capacity To Meet Increased Guaranteed Purchase Quantities
1. If Purchaser requests an increase in its guaranteed purchase quantity pursuant to
Section 5.C.2 that, in the judgment of the Administrator, cannot prudently be granted
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 18
SECTION 5 - (Continued)
because it exceeds the capacity of the system to deliver water to Purchaser, the Purchaser
may request that the City undertake a study to determine what, if any, enhancements or
alterations to the system, would produce sufficient system capacity to meet the increased
guaranteed purchase quantity.
2. Upon Purchaser's written agreement to fund such a study of system enhancements
or alterations, the City shall undertake the study. Provided that the City's obligation shall
be contingent on the negotiation of a mutually satisfactory intergovernmental agreement
between the City and Purchaser establishing the nature, timing, and funding of the study.
3. Upon completion of any system study provided for in this subsection, the
Purchaser funding the study may request the City to undertake system enhancements or
alterations sufficient to meet the increased Purchaser's proposed increased guaranteed
purchase quantity.
4. Upon request for system enhancements or alterations, the City., may agree to
undertake the enhancements or alterations requested, under such terms and conditions as
the City and Purchaser (or others) in writing mutually agree. The parties may utilize joint
funding agreements, as provided for under Section 16 of this Agreement, or such other
arrangements as are determined to be mutually beneficial at the time.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 19
SECTION 6 - INTERRUPTIBLE WATER
A. In General
Purchaser may purchase water over and above its guaranteed purchase quantities under the terms
and conditions set forth herein. Such water shall be termed interruptible water.' Except as
provided herein, the City is not obligated to sell interruptible water to Purchaser. Further, City
may cease providing interruptible water at any time under procedures of Section 6.F below, even
after the Administrator has accepted an offer to purchase interruptible water under procedures of
Sections 6.13, 6.C and 6.1) below.
B. Winter Interruptible Water
From October 1 through May 31, Purchaser may offer to purchase winter interruptible water on
one day's verbal or written notice to the City. The City may provide interruptible water to
Purchaser if the Administrator determines it is prudent to do so and if the Administrator accepts
the Purchaser's offer either verbally or in writing. -
C. Summer Interruptible Water
1. From June 1 through September 30, Purchaser may request to purchase summer
interruptible water using the procedures established in this Section 6.C.
2. No later than March 15 of each year, Purchaser may submit to the City, in writing,
its offer to purchase summer interruptible water supplies. The offer must identify
the quantities of water to be purchased, by month, for the next June through
September period.
3. No later than April 15; City of each year shall respond in writing to Purchaser's
request for interruptible water, based on the Administrator's prudent estimates of
system capacity and operational requirements. If the Administrator accepts
Purchaser's offer without changes, then the Purchaser is obligated to purchase and
the City is obligated to sell the designated quantity of summer interruptible water
under the terms of this contract.
4.. If the Administrator determines that it would not be prudent to agree to meet all
timely requests for summer interruptible water from all Purchasers, he or she shall
offer the total quantity of interruptible water he. or she deems to be prudent to all
requesting Purchasers as follows: each Purchaser shall be offered a quantity of
interruptible water proportional to its guaranteed purchase quantity in comparison
to the total of the guaranteed purchase quantities of all requesting Purchasers.
Regional Water Sales Agreement (10 Year)
April 3, 2006 1
Page 20
SECTION 6 - (Continued)
5. If the Administrator offers to supply Purchaser less than the full amount of
summer interruptible water requested by the Purchaser, Purchaser must, within 15
days of the Administrator's offer, accept or reject the offer. If Purchaser accepts
the offer, then Purchaser is obligated to purchase and the City is obligated to sell
that quantity of summer interruptible water under the terms of this contract.
D. Additional Sales of Interruptible Water
Notwithstanding the other provisions of Section 6, each contract year after the Administrator has
confirmed sales of summer interruptible water under Subsection 6.C. above, the Purchaser may
buy and the City, acting through the Administrator, may sell additional interruptible water at that
year's summer season interruptible rate and on such other terms as are mutually agreeable.
E. Confirmed Summer Interruptible Water Payment
1. Purchaser's Obligation to Make Payment
Once Purchaser and the City have agreed on a quantity of interruptible water
under the terms of this section, and subject to the billing provisions of Section 15
of this Contract, except as provided in Section 6.E. 2 below, the Purchaser shall
pay the City for that quantity of water agreed to at the price established by Section
8 of this Contract. The amount due shall be termed the confirmed interruptible
water payment.
2. Reduction in Confirmed Interruptible Water Payment
If the City fails to deliver any of the confirmed quantity of interruptible water, the
Purchaser shall be excused from paying a portion of its confirmed interruptible
water payment equal to the quantity of water not delivered times the price of
interruptible water.
F. Reduction or Elimination of Interruptible Water
In the event of an emergency or other condition under which continued supply of
interruptible water jeopardizes the reliability of the water system, the City may cease
providing interruptible water at any time on one day's written or verbal notice.to the
Purchaser. Under all other circumstances, the City may cease providing interruptible
water at any time on 21 days written or verbal notice to the Purchaser.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 21
SECTION 7 - RATES AND CHARGES FOR GUARANTEED PURCHASE WATER
QUANTITY
A. Rate Makinl In General
1. The rate structure for Purchaser's guaranteed purchase quantity of water shall .
consist of (a) a fixed monthly charge calculated using the cost of service of typical
non-volumetric services such as, but not limited to, meter reading, billing, meter
purchases, meter maintenance, and relevant overhead and (b) a volume charge
calculated using volumetric rates established as provided herein times the
Purchaser's guaranteed purchase quantity.
.2. The City shall annually establish rates and charges for the Purchaser's fixed
monthly charge and guaranteed purchase quantities that do not exceed charges
calculated using .the principles and standards of this Section 7.
(a) Determination of revenue requirements using the utility basis.of revenue
requirements and cost of service'.principles as described in Manual of
Water Supply Practices _ M1.'Principles of Water Rates, Fees and
Charges. Fifth Edition. Denver: 2000 published by the American Water
Works Association (hereafter "AWWA Manual M1").or.in such updates
as may occur from time to time, except. for such deviations from AWWA
Manual M1 as are described or permitted by this contract. A cost of
service computer model will be used to calculate the revenue
requirements, cost allocations, and resulting rates.
(b) The components. used to determine the revenue requirements under the
utility basis shall be:
1. Operation and Maintenance (hereafter "O & M") costs;
2. Return on Investment; and
3. Depreciation.
(c) Purchaser shall not be charged for the costs incurred by the City that are
incurred for the sole purpose of serving the:City's retail customers. For
the costs incurred serving both the Purchaser and the City's retail
customers, Purchaser shall be charged an amount'that equals its
proportionate share of the cost, using standard cost-of-service principles,
as generally described in AWWA Manual M1, unless stated otherwise
herein.
(d) The parties understand that the City may enter into similar wholesale water
sale agreements with other water utilities. If the City does so, the charges
to Purchaser shall continue to be based on the Purchaser's proportionate
Regional Water Sales Agreement (10 Year) •
April 3, 2006 1
Page 22
SECTION 7 - (Continued)
share of the cost to serve the Purchaser, based on the Purchaser's
proportionate share of total demand on the system, including demand of
other purchasers under similar wholesale water agreements and the City's
retail customers.
(e) The City shall treat surcharges collected. under Section 5.D.2 of this
agreement as an offset to the otherwise estimated annual revenue
requirements for all wholesale and retail customers of the system.
B. Cost Allocations-In General
1. Costs shall be allocated to the Purchaser in accordance with generally accepted
ratemaking practices and procedures, as described in AWWA Manual M1, as it
may be updated from time to time, except to the extent that the procedures
specified herein may deviate from the practices-and procedures of AWWA
Manual M 1. In general, unless specified otherwise in the agreement, costs shall
be allocated based on the proportionate share: of costs of the assets and other
revenue requirements, as provided in AWWA Manual M1.
2. Cost allocation for purposes of this contract shall be based on the "commodity
demand" methodology, as defined in AWWA Manual M1, unless otherwise
agreed to by Purchaser and the Administrator.
C. O & M Cost Allocation
1. Definition
For purposes of this agreement O & M expenses include the operations, maintenance, and
associated overhead expenses of the City's water supply system as adopted in the City's annual
budget process for the year for which the rate will be in effect except that costs for water
planning studies that are expensed rather than capitalized shall be included in the O & M
expenses at their actual cost rather than budgeted or anticipated costs. When use of actual costs
for such studies results in a delay of recovery of costs associated with such studies, Purchaser
shall also be charged interest on the funds expended from the time the costs were incurred by the
City until the start of the following contract year. The interest rate shall be equivalent to the rate
earned on the City's internal investment pool managed by the City Treasurer.
2. Allocations
The City shall allocate O & M costs to cost functions applied in accepted cost of service rate-
making contemplated by AWWA M-1, such as commodity, peak season demand (referred to as
.the seasonal peaking factor under this contract), peak three days system-wide demand (referred to
as the daily peaking factor under this contract), customer, and equivalent meter service based on
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 23
SECTION 7 - (Continued)
the City's best professional engineering judgment. The City shall then allocate O & M costs
allocated to these respective cost functions to the Purchaser based on the Purchaser's
proportionate share of retail demand and non-retail guaranteed purchase quantities for annual
average demand, peak season demand, total annual non-retail bills, meters, and size of meters
respectively. Allocations may also be based on peak day or peak three day demands, but for
those purposes the City may include Purchaser's total demands on the Portland water system,
including guaranteed purchase quantities and actual purchases of interruptible water. Definitions
of allocation factors are found in Exhibit 2, which is hereby incorporated and made part of this
Agreement.
3. Special Allocation to Avoid Cost Cap
In any year that the Administrator determines that standard allocation of the O & M expenses .
contained in the City Budget will cause specified O & M expenses to exceed the O & M,cost cap
as defined in Section 71, the Administrator may alter the O & M component of Purchaser'::s rates
in a manner that avoids that result.
D. Capital Cost Allocations
1. Capital costs are those expenditures that result in the acquisition of or addition of
fixed assets that become part of the rate base.
2. Except as specifically provided herein, capital costs shall be allocated based on
Purchaser's guaranteed purchase quantity in a five-step process using best
professional judgment. First, system assets included in the rate base shall be
allocated to functional asset groups. Second, the resulting system assets by
functional asset group shall be allocated to water service characteristics: Third,
the assets allocated to each water service characteristic shall be allocated to
customer classes based on their. respective percentages of the water demands
related to each water service characteristic. The City shall classify. customer
classes as retail and wholesale and shall treat each wholesale customer that serves
more than 200 service connections as an individual customer class. Fourth, the
asset costs allocated to each customer shall be multiplied by the rate of return to
determine the return on investment for each customer class. Fifth, the working
capital component of the rate base shall be allocated to customer classes in
proportion to the allocation of all other rate base assets.
3. In performing these allocations, items that solely serve the City's retail customers
shall be allocated to retail customers. Items that solely serve the Purchaser and
other wholesale customers shall be allocated to wholesale customers. Items that
serve the City and any wholesale customers shall be allocated proportionately to
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 24
SECTION 7 - (Continued)
the City, based upon its retail water demand, and the respective wholesale
customers, based upon each customer's guaranteed purchase amount.
4. For the purposes of these allocations, functional asset groups are collections of
common water system assets or facilities that are used to provide water service to
customers. The City's functional asset group designations shall be specific
enough that customer classes are not allocated costs to support assets or facilities
that do not provide service or benefit to them. Definitions of functional asset
groups and their allocations to customers shall be consistent with the findings -
contained in a document entitled Functional Asset Groups unless circumstances
change, in which case the allocations will also be changed to reflect the use or
benefit of assets and facilities under normal operating conditions: Any changes in
definitions of functional asset groups shall be presented to the WMAB for review
and comment. The Administrator shall provide a written explanation if WMAB
recommendations are not implemented and consult with WMAB regarding his
determination.
5. For the purposes of these allocations, water service characteristics may include
such things as commodity, peak season demand, peak three days demand,
customer, equivalent meter, and fire. For purposes of peak day and peak three day
analysis, the City may include Purchaser's total demands on the Portland water
system, including guaranteed purchase quantities and Purchaser's actual purchases
of interruptible-water. Definitions of these water service characteristics are
provided in Exhibit 2.
6. The allocations of assets to functional asset groups and subsequently to water
service characteristics `may vary from time to time as changes to the system and its
operation may occur. The revised allocations, if any such revisions occur, shall be
used in the annual rate setting process, and if no revisions occur, then the
previously adopted allocations shall be used for annual rate setting. The entire set
of these allocations, including the initial allocations and any subsequent changes,
shall be reviewed in the Cost Allocation Audits, as described in Section 7.E.
below.
E. Cost Allocation Audits
1. In Contract Year 5 and every five years thereafter during the term of this contract
and any extensions, an independent third.party shall be retained to conduct an
audit of all steps of the then-currently employed process to allocate assets and O
& M to customer classes. The expert shall be instructed, as the result of its audit,
to recommend any changes necessary to ensure the.continued accuracy of the cost
allocations consistent with the terms of this contract and the AWWA M-1 manual.
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 25
SECTION 7 - (Continued)
The expert shall be selected by a majority vote of the WMAB and the auditor
expense shall be included in O & M expenses and allocated accordingly. The
expert's report shall be completed by December. I of the contract year in which '
the expert is hired.
2. Expert recommendations for cost allocations shall be reviewed by the WMAB and
shall be implemented by the Administrator in the contract year following receipt
of the recommendations unless: (1) a majority of the WMAB and the
Administrator concur that the recommendations should not be implemented or (2)
the Administrator determines that it would be imprudent to adopt any or all of the
recommendations. In case the Administrator reaches a determination of
imprudence, he or she shall explain his or her determination in writing to the
WMAB and consult with WMAB concerning his or her determination.
F. Depreciation of Capital Assets
1. Depreciation expense shall be the annual depreciation expense on assets that are
used, in total or in part, to serve the Purchaser, either directly or indirectly.
Depreciation shall be calculated on the original cost of the assets and on a
straight-line basis, using City accounting estimates of the useful lives of the assets
in accordancewith Generally Accepted Accounting Principles, which may differ
from the actual useful lives of those assets.
2. The parties understand and agree that the assets being depreciated for these
purposes may include backup facilities and other redundant facilities that may be
idle for long periods.of time, but which the City has determined still provide a
service function to the system and the Purchaser by virtue of their backup and
redundancy functions.
3. Depreciation shall not be charged for assets that are no longer able to provide
service to the Purchaser or whose accounting life has expired, unless otherwise
agreed to by the parties.
G. Return On Investment
Return on investment shall equal the rate of return multiplied by the value of system assets (the
rate base) that serve the Purchaser.
1. Rate of Return
The rate of return for each year shall be the percentage rate of the Bond Buyer Revenue Bond
Index as published by the newspaper The Bond Buyer on the previous December I or the City
Water Bureau's embedded cost of debt on the previous December 1, whichever is higher, plus
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 26
SECTION 7 - (Continued)
one percentage point (1.0%). If the Bond Buyer Revenue Bond Index ceases to be available, the
Administrator shall notify the Purchaser and consult with WMAB regarding identification of a
substitute index. The substitute index shall be selected by the Administrator, in consultation with
the WMAB, and shall be widely available to dealers in municipal securities, and measure the
interest rate of high quality, long-term, fixed rate municipal securities. If available, an index
measuring the interest rates on high quality, long-term, fixed rate municipal revenue bonds will
be selected by the Administrator over a comparable general obligation bond index. Upon
identification of a substitute index, the rate of return on this contract shall be the percentage rate
of a substitute index plus one percentage point (1.0%).
2. Rate Base
The rate base shall equal:
(a) Working capital, consisting of an amount equal to an average of 45 days of
operation and maintenance costs for the water system supply,
transmission,-storage and. pumping facilities that are incurred to provide,
service directly or indirectly to non-retail customers.
(b) The. remaining un-depreciated value, i.e., book value, of all assets that
provide service, directly or indirectly, in whole or in part, to the Purchaser,
including water system supply, transmission, storage, and pumping
facilities, equipment, and appurtenances and any other water system assets
that provide service directly or indirectly to the general water supply and
transmission portion of the water system, thereby providing water supply
to non-retail water customers of the City. These assets may include
backup facilities and other redundant facilities that may be idle for long
periods of time, but which the City has determined still provide a service
to the system and Purchaser. For such assets providing water supply
benefit to both retail and non-retail customers, the assets included in the
rate base shall be allocated proportionately as previously described herein.
(c) The assets initially included in the Rate Base, as of the date of this
agreement, are listed in Exhibit 3. Each year, the City shall produce a new
Rate Base asset list and provide it to Purchaser during the rate-making
process as provided in Section 4, WMAB.
(d) After the first year of this contract, the assets included in the Rate Base
assets shall be updated each year to include all water system capital assets
listed and valued in Water Bureau documents used to produce the City's
most recent Comprehensive Annual Financial Report and its supporting
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 27
SECTION 7 - (Continued)
documentation, which may include capitalized interest on some or all of
the relevant assets.
3. Rate Base Exclusions
The Rate Base shall exclude the following items:
(a) Construction work in progress.
(b) Assets that are fully depreciated, even though such assets may be still in
service.
H. Prepayment of Capital Cost Share
The Purchaser may elect to pay its share of capital cost allocations for new water. system Assets in
a lump sum cash payment or other mutually agreed upon payment terms in lieu of paying
annualized' rates for depreciation and rate of return for the new facilities. If Purchaser ,nines'
such cash payment, the portion of the asset cost being prepaid by the Purchaser shall be deducted
from the value of the specified assets in the rate base used to calculate the Purchaser's rates. By
making such cash payment, Purchaser does not obtain an ownership interest in the specified
assets unless Purchaser and the City have entered into a supplemental joint ownership agreement
as specified in Section 16, Joint Funding of Capital Improvements.
1. Operations And Maintenance Cost Control
To help ensure stability and predictability of wholesale rates and to permit recovery of costs of
service, increases in specified O & M expenses shall be subject to limitations described below.
These limits do not apply to capital costs, recovery on investment, or O & M expenses that are
not specified O & M expenses.
1. O' &_M Cost Cap
The O &M Cost cap is the prior year's specified O & M expense any portion of which was
allocated to Purchaser or any other wholesale purchasers under similar water sale agreements
increased by the sum of two percentage points (2%) plus the annual rate of change of the selected
CPI.
(a) Selected CPI shall mean the CPI-Urban, West Urban (ref
CUUR0400SAO) for January 1 of the year new rates are calculated, e.g.,
CPI of January 1, 2006, will be used to assess O & M increases in rates for
July 1, 2006. If this referenced index ceases to be available, the
Administrator shall notify the Purchaser and. consult with WIvIAB
regarding identification of a substitute index.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 28
SECTION 7 - (Continued)
(b) Specified .0 & M expenses are those City O & M expenses defined in
Subsection 1.3 below, Specified O & M Expenses and Exclusions.
2. Cost Cap Limitation
The City may not more than once in any consecutive five year period include in the calculation of
Purchaser's rates, specified O & M expenses that exceed the O & M cost cap. If, however, the
City's actual O & M spending (including, but not limited to specified O & M expenses) is 90%
or less than the City's budgeted O & M expenses for each of the prior four years, the increase in a
the fifth year shall be limited to the formula of 7.1.1 above. A new five year period shall
commence at each renewal of this contract.
3. Specified O & M Expenses And Exclusions
Specified O & M expenses shall be those O & M expenses, including associated overhead,
incurred by the City's water system to serve directly or indirectly, in whole or in part, the
Purchaser and other purchasers under similar wholesale water agreements and. any portion of
which is, properly allocated to Purchaser or any other purchasers under similar wholesale water
agreements under. the terms of their contracts, except for expenses or classes of expenses
excluded.by this Section 7.1. The Administrator shall make a determination of specified O & M
expenses. and exclusions in consultation with the WMAB each year during the ratemaking
processes.
4. Specified O & M expenses shall not include and shall therefore, exclude, the
following expenses or classes of expenses:
(a) Pass-Through Costs. These are costs that the parties agree are generally
beyond the reasonable control of the City water system to influence. For
purposes of this contract, pass through costs are those listed here.
i. Utilities, including electricity, water, sewer, natural gas, garbage
and telephone.
ii. Equipment rental, such as hoists, excavators, tools and other
miscellaneous equipment not included in the City's fleet.
iii. Operating supplies, such as treatment chemicals, lubricants and
consumables related to system operation and maintenance.
iv. Communication Services, including but not limited to telephone,
radio, microwave and fiber-optic transmission of data, voice, video
and related information.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 29
SECTION 7 - (Continued)
V. Insurance or the expenses of self-insurance, other than workers
compensation, including but not limited to costs for general
liability, property, casualty and fleet coverage.
vi. Additional costs identified by the Administrator from time to time
that are beyond the control of the City to influence in a manner
similar to the specific costs listed in this subsection. Provided that
the City may not exempt any such additional costs from the cost
cap without first presenting proposed additions to the WMAB for
review and comment.
(b) The costs of PERS Pension Obligation Bonds (POBs) paid by the City of
Portland Water Bureau.
(c) Costs In Response to Unexpected Events or Circumstances
i. These are costs that arise unexpectedly or as the result of Acts.of
God, malevolent acts, contamination of the water supply, ofevents
beyond the City's control, the consequences of which events or
circumstances could not have been avoided through the exercise of
the standards of care common and usual in the municipal water
supply industry. '
ii. The City and Purchaser shall, within 120 days of the onset of such
unexpected costs commence good faith negotiations to determine
what, if any, of the costs of responding to the event or
circumstances, which are otherwise excluded, should be included
within the Specified O & M expense.
(d) Costs Associated With Planning Studies
These are costs to pay for City planning studies related to the
Water Supply System including those studies in the City's Water
Bureau Capital Improvement Program that are expensed rather
than capitalized.
(e) Costs Associated With New Facilities Or Programs,
L These are first time or initial increases to O & M expenses (which
may affect more than one fiscal year) associated with operation and
maintenance of new facilities or the functioning of new programs.
New programs may include such things as responses to new state
or federal mandates or regulations, or activities to improve the
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 30
SECTION 7 - (Continued)
efficiency, reliability, security or quality of the water supply. The
WMAB will be consulted regarding initial O & M costs of new
facilities and new programs. The parties understand and agree that
O & M costs*may increase in any given year in order to implement
new programs.or to operate or maintain new facilities without
exceeding the cost cap.
ii. Once O'& M expenses for new programs or facilities are
established and have become a routine part of the City's water
system budget, however, those of the expenses that are not
otherwise excluded from "specified O & M costs," (pass through
costs, PERS expenses listed in Subsection 2 above, costs in
response to unexpected events or circumstances, or costs
associated with planning studies) shall be included in future
calculations of the increase in specified O & M expenses.
iii. As,.O &.M expenses for new facilities or new programs arise, the
Administrator shall consult with WMAB concerning the expenses
and then determine which of those expenses should be excluded
from cost cap calculations as "new O & M" and which expenses
..should be included within the cost cap on what schedule. The
Administrator shall advise Purchaser and WMAB of his
determination.
(f) Costs Incurred on Behalf of the Purchaser or WMAB
These are costs to be paid by the City by mutual agreement of the
City and Purchaser or the City and the WMAB.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 31
SECTION 8 - RATES AND CHARGES FOR INTERRUPTIBLE WATER
A. Winter Interruptible Water
The price of winter interruptible water shall be twenty percent (20%) of the Purchaser's rate for
that year for its guaranteed purchase water quantity, plus any extra delivery costs (such as extra
pumping) incurred by the City to deliver the water that are not included within the rate for the
guaranteed purchase quantity..
B. Summer Interruptible.Water.
The price of summer interruptible water shall be.forty-five percent (45%). of the Purchaser's rate
for that year for its guaranteed purchase water_quantity, plus any extra delivery costs (such as
extra pumping) incurred by tbe.City to deliver the water that are not included within the rate for
the guaranteed purchase quantity.
t
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 32
SECTION 9 - WATER SYSTEM PLANNING AND COOPERATION
To facilitate regional water planning and resource development, Purchaser and the City agree as
follows:
A. Purchaser Projected Water Usage
1. Each five years, at a minimum, starting on July 1 of Contract Year 5, Purchaser
shall provide to the City estimates of the Purchaser's water-demand to be
purchased from the City by year, annual seasonal peaking factor, and daily
peaking factor for a period of ten years including any anticipated increases in
guaranteed purchase quantity.
2. In addition, in any other Contract Yeariri which unforeseen developments;have '
significantly altered Purchaser's five year estimates,' Purchaser shall provide the
City with its revised estimates of it preferred use of Portland water for a ten 'year
period.
3. The estimates provided for in this provision are for planning purposes only and do
not commit the City or the Purchaser to either buy or supply any particular
quantities of water.
4. The City shall provide WMAB a summary of the City's projected demands for all
wholesale and retail demands by no later than May 1 of each year.
B. City Evaluation of Capacity of Portland Water System
I . Whenever it receives revised demand and peaking factor estimates from the
Purchaser, the City shall provide the Purchaser with estimates of the capacity of
the Portland water system to meet all projected system loads over the ten year
planning horizon.
2. If the City determines that the Portland water system cannot meet the projected
demands Purchaser and others have proposed to place on it over the ten year
planning horizon, the City and Purchaser (together with other Purchasers who may
wish to join the discussions) may initiate negotiations to determine if and how the
Portland water system could meet the projected loads, either through reduction in
demand or development of additional water system capacity.
3. In no case, however, does this contract obligate the City to sell, or Purchaser to
pay for, water beyond the guaranteed purchase quantities established herein.
0
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 33
SECTION 10 - RESERVATION OF SYSTEM CAPACITY
At any time during the term of this contract, Purchaser and the City may enter a separate reserve
capacity agreement. A reserve capacity agreement would enable Purchaser to take a specified
amount of additional water from the system at a specified future time. At a time to,.be specified
in the reserve capacity agreement, the quantity of water reserved will be added to the Purchaser's
guaranteed purchase quantity under this contract and will be used to calculate the Purchaser's
guaranteed purchase payment thereafter.
Unless specified otherwise in the reserve capacity agreement, costs for reserve capacity shall be
charged at a rate equivalent to the rate of return on the proportionate share of the capital, assets
that would be used to make.such capacity available, and shall be billed to the Purchaser. in equal
monthly installments.
Purchaser will possess no right to use the additional capacity identified in its reserve agreement
.until the specified future time. The City may use any or all of the reserve capacity prior to the
specified future time.
Unless specified otherwise in the reserve capacity agreement, Purchaser shall provide the.City
written notice at least 90 days prior to the specified future time identifying if the Purchaser will
(a) exercise its option to use the additional system capacity after the specified future time, (b)
allow the reserve capacity agreement to expire without further action, or (c) request a new or
amended reserve capacity agreement with a new specified future time.
If a request for reserve capacity can only be met by. adding new assets to the system, the City will
not reserve capacity for the Purchaser until the parties have reached an agreement on the method
for financing and the schedule for adding the assets to the system.
Regional Water Sales Agreement (10 Year):
April 3, 2006
Page 34
SECTION 11- CONNECTIONS AND METERING
A. Meter Ownership and Responsibility
Upon execution of this agreement, all existing water meters used to measure the water
supplied by the City to the Purchaser, and associated facilities such as vaults, shall become
the property of the City. In addition, when a new meter or meters are required, the City shall
install on Purchaser's main, at a point near the connection with the City's main, a water meter
or meters that will at all times measure the water supplied by City to Purchaser. City shall
maintain the meter or meters in proper working condition, including periodic testing, _
calibration, maintenance and replacement of the meter(s) based on generally accepted
industry standards. City agrees to notify Purchaser prior to repairing the meter.
B. Meter Costs
The cost of replacing the meter or meters and their operations and maintenance shall be
included by the City in calculating Purchaser's rates.
C. Meter Access
The Purchaser shall be allowed reasonable access to meters and facilities for purposes of
installing and maintaining telemetry equipment or other equipment related to the metering
function.
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 35
SECTION 12 - PURCHASER-SUPPLIED WATER TO CITY RESIDENTS
A. Water Supplies To City Residents
To the extent permitted by law, Purchaser agrees, when requested by the Administrator, to
provide water supply to City residents in areas adjacent to Purchaser's water mains subject to
limitations of the available capacity of Purchaser's water distribution system. Water so
delivered shall be metered by the City at its residents' individual services.
B. Master Metering
The City and Purchaser shall review each situation where such arrangements exist and
attempt to reach agreement on the need and feasibility of installing a master meter or master
meters to register the volume of water delivered to City residents.. The Purchaser agrees the
water delivered to City residents will be from the same source or sources as water that
Purchaser delivers to its customers and shall meet all applicable drinking water regulatory-
requirements. The Purchaser may-request the City install a master meter if the local .
distribution system is shown to have demonstrated leakage or unaccounted water lossm.in..
excess of 10% of the average day demand of the City residents served by system or by mutual
agreement of the parties. Improvements to the local distribution system shall be made*by
mutual agreement of the parties.
C. Charges For Water
1. The Purchaser may charge the City up to one hundred twenty-five percent (125%) of the
guaranteed purchase wholesale water rate the City charges the Purchaser. The City will
credit this amount to Purchaser. Such water will not be included in the calculation of total
water purchases made by the Purchaser from the City.
2. Notwithstanding the foregoing, the Purchaser may conduct a cost-of-service study to
determine the cost of serving City residents. If the cost-of-service exceeds the 125% of the
wholesale water rate, Purchaser may adjust the charge to the City accordingly, but not above
the actual cost of service.
A
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 36
SECTION 13 - WATER RESOURCE CONSERVATION
A. General
1. The obligations in this Section will apply to both the City and Purchaser. Both
parties to this agreement intend that water to which the City holds water rights
shall be used beneficially, efficiently, and without waste.
2. The parties encourage the development of joint conservation programs where such
partnerships are of mutual benefit and produce increased efficiencies in program
costs or water savings. Provided, however, that funding for joint conservation
programs will be established by separate agreement between the interested parties.
B. Water Managers Advisory Board
The WMAB will foster and promote efficient use of water and best management practices as
outlined further in this Section. It will also be the role of the WMAB to implement the
provisions of this Section. In doing so; W1vIAB may assign tasks to a.WMAB committee or to
staff of participating purchasers' subject in all cases to WMAB review and approval.
C. Water Conservation Obligations and Submission of a Water Conservation Plan
1. The Purchaser must operate water systems that are fully metered at the individual
customer level or have an implementation program to complete installation of
such meters by the end of the fifth contract year.
.2. Unless Purchaser serves a population. of 1,000 or less, Purchaser shall, on or
before the end of the second contract year, and every five years thereafter, submit
a Water Conservation Plan for its water system to the WMAB.
3. If Purchaser is a participant in the ORS 190 Agreement for the Regional Water
Providers Consortium, it may submit the regional conservation programs as part
of its Conservation Plan, but the Consortium programs, by themselves, do not
constitute a Conservation Plan for the individual Purchaser.
4. Each Conservation Plan submitted must include programs specified in State of
Oregon Water Resource Department Water Management and Conservation Plan
Rules, as they are from time to time amended.
D. Review of Conservation Plan
1. The WMAB may, if it deems it advisable, adopt guidelines for the submission of
water Conservation Plans.
Regional Water Saes Agreement (=Year)
April 3, 2006
Page 37
SECTION 13 - (Continued)
2. Upon receipt of a Purchaser Conservation Plan, the WMAB will review the plan
pursuant to the standards of this Section. In reviewing a Conservation Plan, the
WMAB shall consider, at a minimum, the following factors:
(a) Whether the. program contains the following mandatory programs
i. Leak detection and repair programs, if required by State Rule, that
meet Oregon Administrative Rule (OAR) 690-86-150(4)(e) and, if
applicable, Subsection (6)(a).
ii. Education and outreach programs required under OAR 690-86-
, 150(4)(f).
iii. Rate structures based on the quantity of water metered at the.
service connection as required by OAR 690-86-150(4)(d).
iv. A meter testing and maintenance program as required by OAR
690-867156(4)(c).
V. An.annual water audit as required by OAR 690-86-150(4)(4).
(b) Whether the Plan includes the following discretionary programs or a
showing that a particular discretionary program is neither feasible nor
appropriate to the Purchaser's service area.
i. Technical and financial assistance programs to encourage and aid
residential, commercial and industrial customers.
ii. Supplier financed retrofitting or replacement of existing inefficient
water using fixtures, including distribution of residential
conservation kits and rebates for customer investments in water
conservation.
iii. Adoption of rate structures, billing schedules, and other associated
programs that support and encourage water conservation.
iv. Water reuse, recycling, and non-potable water opportunities.'
V. Other measures identified by the water supplier that would
improve water use efficiency.
vi. Operation measures to reduce peak event impacts on the Portland
system.
Regional Water Sales Agreement (10 Year) 1
:L
Apri 13 ' 2006
Page 38
SECTION 13 - (Continued)
3. Within 180 days of receipt of the Purchaser's Conservation Plan, the WMAB
shall approve or disapprove the Plan and advise the Purchaser in writing of its
decision.
(a) A Water Management and Conservation Plan approved by and updated as
required by the State of Oregon pursuant to the Department of Water
Resources Water Management and Conservation Plan Rules will in all
cases be deemed sufficient to meet the requirements for a Conservation'
Plan' under this agreement.
(b) If the. WMAB disapproves the Purchaser's Water Conservation Plan, it
shall notify the Purchaser and provide the .Purchaser with comments on the
Plan's deficiencies. Within 180 days thereafter, Purchaser shall submit a
revised Planfor review by the WMAB.
E. Periodic Conservation Plan Reporting
1. Purchaser shall report annually to the WMAB regarding the implementation of
its Conservation Plan.
2. Each five years after approval of its Conservation Plan, Purchaser shall report
to the WMAB the estimated actual water savings from its Conservation Plan.
Regional Water Sales Agreement (10 Year)
April 3, 2006
Page 39
SECTION 14 - WATER CURTAILMENT AND PROTECTION OF THE WATER
SYSTEM
A. During times when water supplies are not adequate to meet the aggregate of all demands
placed upon the Portland water system, the City and participating Purchasers need to have
a plan in place to reduce .or curtail demands so that fire, life, safety and other high priority
needs are met. It is to the benefit of all of the users of the Portland water system that
plans for curtailment be agreed upon in advance and that plans for curtailments be
coordinated among water providers.
B. By signing this agreement, Purchaser and City acknowledge that unforeseen or
unavoidable circumstances may limit the amount of water available to City for sale and
distribution, whether temporarily or permanently.* Should the available supply fall below
the aggregate of all demands placed on the City system, or should it be reasonably
predicted that supply will fall below demands before other supplies are available, the
Administrator of the Bureau of Water Works may declare that a water shortage is in
effect.
C. WMAB shall develop and recommend to the Administrator a Curtailment Plan. The
Administrator shall adopt the recommended Curtailment Plan with such alterations as he
or she deems necessary or advisable. The Curtailment Plan shall be designed to
accomplish reductions in demand necessary, in the event of a water shortage, to protect
the system's capacity to supply water for fire, life, safety, and other high priority needs.
The curtailment plan shall establish procedures, as well, whereby two or more
participating Purchasers may coordinate their demand reductions to accomplish, jointly,
total necessary system demand reductions imposed on them, even if one or more
Purchasers individually do not meet the reductions required of its separate system.
D. Whenever the Administrator has declared a water shortage, any adopted Curtailment Plan
shall be in effect. If there is no adopted Curtailment plan, the Administrator shall require .
implementation of measures he or she deems necessary or advisable to reduce all
demands, retail and wholesale, proportionally based on annual, retail usage for the
previous contract year and on annual guaranteed purchase quantities (excluding
interruptible water) furnished under this agreement for the previous contract year.
E. If the Administrator declares a water shortage, Purchaser shall implement measures
sufficient to meet the requirements of the Curtailment Plan (or other requirements of the
Administrator for proportional reduction in demand if no Curtailment Plan has been
adopted). Purchaser may do this through implementation of measures contained in the
Curtailment Plan, similarly effective measures found in Purchaser's own plan adopted
under OAR Division 86 or required as part of a State declared drought under ORS
536.720-740, or through agreements with other Purchasers of water under similar
wholesale water agreements that result, jointly among the agreeing Purchasers, in a total
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 40
SECTION 14 - (Continued)
reduction in system. demand equivalent to that required in the Curtailment Plan or, if there
is no Plan, the Administrator's order for proportional reductions.
F. The City shall monitor compliance with Curtailment Plan on a schedule established in the
Plan or at least every two weeks throughout the duration of the declared water shortage.
G. If, after the Administrator declares a water shortage, Purchaser is unable individually, or,
in cooperation with other purchasers as contemplated by Subsection E. above, to achieve
the required reductions in the use of water supplied under this contract, the Administrator
may act to reduce the amount of water supplied to the purchaser so that it does not exceed
that amount specified under curtailment measures.
i
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 41
SECTION 15 - BILLING AND PAYMENT
A. Guaranteed Purchase Payment
1. Monthly Billing
The City shall bill Purchaser its fixed monthly service charge plus a portion of its annual
guaranteed purchase volumetric payment obligation each month. The monthly volumetric charge
shall be the product of the monthly usage estimates, as determined in Sections 15.A.2(a) or (b)
below, times that year's rate per unit of water.
2. Monthly Usage Estimates
(a) No later than March 15 of each year, Purchaser shall submit to the City a projection of
its demands for the next year, by month, which demands must total to the Purchaser's guaranteed
purchase quantity and must be consistent with the Purchaser's seasonal peaking factor. It is
recognized these.demand projections will be estimates and actual demands may vary from,
projected demands but such departures from estimates do not relieve the Purchaser from
obligations such as guaranteed purchase quantity and adherence to seasonal peaking factor, as
specified elsewhere in this agreement.
(b) If the Purchaser has not by March 15 of each year submitted its projected demands for
the next year or if a timely submission is inconsistent with the Purchaser's then current
contractual guaranteed purchase quantity and seasonal peaking factor, the Administrator shall
consult with Purchaser to obtain new or revised projected demands. If thereafter the Purchaser
does not submit projected demands that are consistent with its then current contractual
guaranteed purchase quantity and seasonal peaking factors, the Administrator may use the
previous year's demand projections or other projections that are consistent with Purchaser's
contractual guaranteed purchase quantity and seasonal peaking factors, to make rates and to
operate the system.
B. Summer Interruptible Water
If the Purchaser and City have agreed to the sale of summer interruptible water, the City shall bill
the Purchaser for the total confirmed interruptible water payment in four equal amounts for the
months of June, July, August, and September. Provided, that if the City fails to deliver
interruptible water requested by the Purchaser, the Purchaser shall be excused from paying the
portion of its confirmed interruptible water payment equal to the quantity of water not delivered
times the price of interruptible water.
Y
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 42
SECTION 15.- (Continued)
C. Billing for Water Purchases Above Guaranteed Purchase Amounts and Above Confirmed
Peak Season Interruptible Water Quantities
Within 62 days of the end of each contract year (that is, by September 1), the City shall review
the Purchaser's meter records for the previous contract year under this agreement. If the
Purchaser has taken water above either its guaranteed purchase amount or its confirmed peak
season interruptible water quantities, the City shall bill Purchaser for those water deliveries no
later than September 30. Charges shall be calculated as follows:
If the Purchaser has taken at least its annual guaranteed purchase quantity over the full contract
year, then water supplied to Purchaser from October l to May 31 in excess of its estimated
monthly guaranteed purchase quantity for those same months shall be charged the appropriate
rate for winter interruptible water times the quantity of excess water taken.
If the Purchaser has taken at least its annual guaranteed purchase quantity over the full contract'
year,.then water supplied to Purchaser from July 1 through September 30 and from the
subsequent June 1 through June 30 in excess of the total of its estimated monthly guaranteed
purchase quantity for those same months and its confirmed summer interruptible water quantities
(if any) for those same months shall be charged the appropriate standard rate applicable to its
guaranteed purchase quantity times the quantity of excess water taken.
D. Payment Schedule,
Bills are due upon receipt, and subject to a collection fee if not paid on or before the thirtieth day
following the billing date. Collection fees shall be established each year in the annual City
ordinance establishing rates.
E. Charges In Case of Meter Failure
Should any meter fail to measure accurately the water passing through said meter, the charge for
water used during the time the meter is out of service shall be based on the City's estimates of the
volume of water supplied based on usage patterns and statistics for prior periods.
F: Disputes
In the case of disputes over billings for water; Purchaser shall pay the undisputed amount when
due and the disputed amount shall be resolved through Dispute Resolution. The Purchaser shall
pay interest at. a rate equivalent to the rate earned on the City's internal investment pool managed
by the City Treasurer on any disputed amounts found through dispute resolution or litigation to
be due the City.
Regional Water Sales'Agreement (10 Year) 1
April 3, 2006
Page 43
SECTION 16 -JOINT FUNDING OF CAPITAL IMPROVEMENTS
The City. and Purchaser or group of Purchasers may enter into separate agreements for the
purpose of mutually funding capital improvements where such improvements are determined to
be in their mutual interest. The City and Purchasers or others involved in mutually funding
capital improvements may also enter into separate agreements for the conditions and pricing of
sale for water supplies derived from such mutually funded improvements. Such separate
agreements may include provisions for acquisition of ownership of assets and/or capacity by
Purchaser. If provided in the joint funding agreement, Purchaser may include its proportionate
ownership share of such assets in its calculation of system develop charges and rates.
E
Regional Water Sales Agreement (10 Year) 1
April 3, 2006
Page 44
SECTION 17 - DISPUTE RESOLUTION
In case of disputes arising out.of this agreement, including disputes regarding the interpretation {
of any provision of the agreement, subject to the terms of this Section, either party may seek all
remedies available at law or in equity. The parties agree, however, prior to commencement of
any suit, they shall first engage in dispute resolution as provided in the Section. '
Step 1. Notice of Dispute
Prior to commencement of litigation of a dispute, either party must first provide the other with a
written notice describing the dispute and submitting the dispute to resolution under this Section.
Such notice shall commence the dispute resolution process..
Step 2. Negotiation
Each party shall designate a person or persons to negotiate the dispute on its behalf, shall make a
good faith effort to exchange information and data related to the dispute, and shall meet to
negotiate a dispute resolution. If the dispute is resolved at this step, the parties will memorialize
the agreement by a written determination of such resolution, signed by the designated
representatives of the parties.
Step 3. Mediation
If the dispute has not been resolved within 45 days of the date of the notice of dispute, or such
longer time as is mutually agreed by the parties, the parties shall submit the matter to mediation.
The parties shall attempt in good faith to agree on a mediator. If they cannot agree, they shall
request a list of five mediators from an entity or firm providing mediation services. The parties
shall attempt in good faith mutually to agree on a mediator from the list provided, but if they
cannot agree, each party shall select one name. The two selected shall select a third person and
the dispute shall be heard by a panel of three mediators.
Any common costs of mediation, including the cost of mediation, shall be borne equally by the
parties. Each party shall bear its own individual costs therefore. Mediation shall not continue
more than 105 days past the initial notice of dispute unless mutually agreed by the parties. If the
dispute is resolved at this step, a written determination of such resolution shall be signed by the
designated representatives of the parties.
Step 4. Arbitration
If the dispute has not been resolved through negotiation or mediation with the time set by this
agreement, within 15 days of the end of mediation, or such other time as is mutually agreed, the
parties may submit the dispute to arbitration under mutually .agreeable terms. In the absence of
Regional Water Sales Agreement (10 Year) 1
April3 2006
Page 45
SECTION 17 (Continued)
such an agreement, the dispute resolution process under this agreement shall be deemed ended
and the parties shall be free to pursue other remedies.
Any litigation between the parties arising under or, regarding this agreement shall be conducted in
the Multnomah County Circuit Court of Oregon. In any litigation, each party shall bear its own
costs and attorney's fees.
Regional Water Sales Agreement. (10 Year)
April 3, 2006
IN WITNESS WHEREOF, Purchaser has, pursuant to official action of its governing body on
the day of , 20 , duly authorizing the same, caused its proper
officers to execute this instrument on its behalf and its corporate seal to be affixed hereto, and
City has caused this instrument to be signed by its Mayor and Commissioner-in-Charge of the
Bureau of Water Works, all of which is in triplicate.
PURCHASER:
Purchaser
By
Approved as to form:
(Title)
Attest
Purchaser's Attorney (Title)
Date
CITY OF PORTLAND:
By
Mayor
Approved as to form:
By
Commissioner-in-Charge
City Attorney
Date
Regional Water Sales Agreement
Exhibits
City of Tigard
April 3, 2006
1
Exhibit 1
Water District Usage Characteristics
City of Tigard
Guaranteed Purchase Quantity 4.5 MGD
Peak Season Purchase 6.5 MGD
Seasonal Peaking. Factor 1.44
Highest Three Consecutive Days 9.1 MGD
Daily Peaking Factor 2.02
Purchase Quantities by Month by Fiscal Year
Monthly demand data Illustrative only will be refined by purchaser
Ci of Tigard
Daily Month Total - Daily Month Total
Average Average -
Month MGD MG Month MGD: - MG
July 6.5 200.9 January 3.5 108.5
August 6.5 200.9 February 3.5 98.0
September 6.5 194.4 March 3.5 108.5
October 4.0 124.0 April 3.5 105.0
November 3.5 105.0 May 3.5 108.5
December 3.5 108.5 June 6.0 180.0
Meter data will be available prior to signing contract
Existing Meter Connections
Location Size Meter # Pressure
Regional Water Sales Agreement (20 Year) 1
April 3, 2006
Exhibit 2.
Defmitions 'of allocation factors
Allocation to Water Service Parameters
The functionalized items shall be allocated to the water service parameters listed below by the
retail customer, wholesale customer and specific groups following the CommodityDemand
method described in the AWWA's Manual M1.
Commodity Items
Commodity items shall be identified as described in the AWWA Manual M1. These are items
whose cost varies almost entirely directly with the amount of water supplied.
Peak-Season Demand
Items that are designed to meet the peak season needs of the system shall be allocated as Peak
Season Demand.
Peak Day or Peak Three-Day Deman
d
Items that are designed to meet the peak day or peak three-day needs of the system shall be
allocated as Peak Day or Peak Three-Day Demand.
Customer
Items allocated to customer shall be allocated based on the number of accounts for each customer class.
Equivalent Meter
Items allocated to equivalent meter shall be allocated based on the number of equivalent meters.
The equivalent meter ratios used to relate meters by size to the number of equivalent meters shall
relate to the City's estimated costs of owning and maintaining the meters. Whenever possible, the
values listed in the AWWA Manual M1 shall be used.
Fire
Any cost related to fire (either direct fire or indirect fire) shall be allocated to the parameter of fire.
Since fire-related costs are incurred solely for the City, no fire related costs, except for the cost of
water passing through the purchaser's meter, shall be included in the cost of water for the
purchaser.
bran
Regional Water Sales Agreement (20. Year) 1
April 3, 2006
Exhibit 3
Fixed Assets as of June 30, 2005
Fixed Asset Cost Pools Rate Base Value Annual Depreciation
Arlington Heights 329,363 22,258
Arnold 1,510,800 52,514
Burlingame 643 1,081,402 72,778
Burlingame Regulated 117,331 9,180 -
Calvary 278,239 9,125
Council Crest 240,711. 16,391
Indirect 7,633,800 1,039,261
Joint 117,679,576 5,555,781
Mt. Tabor 411 3,229,474 229,372
Parkrose 261 912,239 32,239
Pipe 176;262,331 4,893,188
Portland Heights 195,271 10,503
Portland Retail 103,610,826 4,277,385
Sam Jackson PS 107,265 6,679
Washington Park 229 763,432 31,804
Washington Park 299 1,911,795 98,048
Washington Park Common 2,229,103 192,106
Washington Park PS 585,406 57,830
Totals 418,678,362 16,606,439
DraIN
Regional Water Sales Agreement (20 Year)
April 3, 2006
Exhibit 4
Functional asset groups include the following general categories (see also Cost PoolTable below):
• Source of Supply
• Terminal Storage and Conduits
• Treatment
• Treatment Chemicals and Power
• Burlingame 643 Pumping and Storage / Power
• Arnold Pumping and Storage / Power
• Arlington Heights Pumping and Storage / Power
• Tabor 411 Storage
• Parkrose 261 Storage
• Portland Heights Pumping and Storage / Power
• Washington Park 229 Storage, Pumping, and Treatment / Power & Chemicals
• Council Crest Pumping and Storage / Power
• Calvary Pumping and Storage / Power
• Burlingame Regulated Pumping and Storage / Power
• Washington Park 299 Pumping and Storage / Power
• Joint Equivalent Meters
• Washington County Supply Line- Portland Only
• Retail Direct and Indirect
• Indirect Storage / Pipe
• Indirect
DraIR
Regional Water Sales Agreement (20 Year)
April 3, 2006
Exhibit 4 - continued
City of Portland - Wholesale Rate Model
CustChar 7 - Percenla a of Customer's. Demand Throu h,.Cost Pools old Table:14
Arlington Burlingame Burlingame Council Tabor
Customer Heights Arnold 643 Regulated Calvary Crest Joint 411
Service Area 1 Water Cos. 1000/0
City of Gresham 1000/0
Lusted Water District 100°/Q.
Pleasant Home Water
District 1000/0
Rockwood Water PUD 100% 3%
Palatine Hill Water District 1000/0 1000/0
Burlington Water District 100% 100%
Lake Grove Water District 100% 100% 1000/0 100%
City of Tigard 100% 1000/0 100%
Valley View 22% 22% 78% 100% 1000/0
West Slope Water District 100% 1000/0 1000/0
TVWD 6% 1000/6 6%
Raleigh Water District 2% 100% 2%
City of Tualatin 2% 100% 2%
City of Portland 3.80% 1% 8% 2% 3% 0% 100% 95%
Parkrose Portland Portland Sam Jackson Washington Washington Washington
Customer 261 Heights Retail PS Park 229 Park 299 Park PS WCSL
Service Area I Water Cos.
City of Gresham 3%
Lusted Water District
Pleasant Home Water
District
Rockwood Water PUD
Palatine Hill Water District 1009/0 1000/0
Burlington Water District 100% 1000/0
Lake Grove Water District 2%
City of Tigard 2%
Valley View 78% 70% 100% 30%
West Slope Water District 100% 1000/0
TVWD 96%
Raleigh Water District 1000/0
City of Tualatin 100%
City of Portland 3% 1% 49% 10% 21% 5% 1%
DD raft
Agenda Item # _ I
Meeting Date May 23, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title An Ordinance Amending the Tigard MuniciualT Code by Adding a Definition of "City
Engineer."
Prepared By: Craig Prosser Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Should the Council amend the City Code to define "City Engineer" to mean the person designated by the City Manager
to perform that function?
4
STAFF RECOMMENDATION
Adopt the ordinance amending the City Code to define the term "City Engineer."
KEY FACTS AND INFORMATION SUMMARY
City Code and State Statutes contain numerous references to the term "City Engineer." In Tigard, the City Engineer
has traditionally been the head of the Engineering Department. This may not always be the case, and there may be
some specific functions from time to time that would more appropriately be performed by other professional
engineering staff.
The proposed Code amendment defines "City Engineer'' as the person designated by the City Manager to fulfill the
responsibilities of City Engineer, and it allows the City Engineer responsibilities to be delegated. This change allows the
flexibility to meet organizational needs and clarifies responsibilities.
OTHER ALTERNATIVES CONSIDERED
Do not amend Code.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
This change adds flexibility to the City's ability to organize itself and the work it performs in support of City Council
and Tigard Beyond Tomorrow Goals.
ATTACHMENT LIST
None.
FIscAL NoTEs
There is no cost to this change.