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CITY OF TIIGAR D,OREGON
]PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 10th of Ma, 2010, by and between the CITY OF TIGARD, a
municipal corporation of the State of Oregon, hereinafter called City, and Cogan Owens Cogan, LLC,
hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional services as City
does hereinafter require, under those terms and conditions set forth:
Therefore, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services on 10th of May, 2010 upon receipt of City's notice to proceed, together with an
executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A— Scope of
Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon 10th of May, 2010 and shall expire, unless otherwise terminated or
extended, on 30th of June, 2011. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed thirty-five thousand dollars ($35,000) for performance of
those services described in this Agreement. Payment will be made based on Contractor's invoice, subject to the
approval of Ron Bunch, Community Development Director, and not more frequently than monthly. Payment
shall be payable within thirty(30) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax.
Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and
contacts shall be used to transmit notices, bills, payments, and other information:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: Cogan Owens Cogan, LLC
Attn: Darren Wyss Attn: Kirstin Greene
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 813 SW Alder St., Suite 320, Portland, OR
97205
Phone: 503-718-2442 Phone: 503-278-3453
Fax: 503-718-2748 Fax: 503-225-0224
Email Address: darren@tigard-or.gov Email Address: Kirstin.greene@coganowans.com
CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an
independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of
any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency
to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand
repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits
or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent
of any payments that City is required to make(to Contractor or to a third party) as a result of said finding.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer, employee, or
agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this
Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local laws, it being
understood that acceptance of a contractor's work by City shall not operate as a waiver or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and employees and
hold them harmless from any and all liability, causes of action, claims, losses, damages,judgments or other costs or
expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or
appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's acts (or
failure to act when action is appropriate)that may be asserted by any person or entity which in any way arise from
or relate to this Agreement or the performance of obligations under this agreement, except liability arising out of
the sole negligence of the party being indemnified. The indemnification by Contractor of the City shall also cover
claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity
shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract.
Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that
Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than$1,000,000. Said insurance shall name City as
an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are either
subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage that satisfies Oregon law for all their
subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any
employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than$500,000 each accident.
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Contractor shall famish a Certificate
of Insurance to the City. No contract shall be effected until the required certificates have been received
and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either parry to terminate this Agreement before 30th of June, 2011 shall
be accompanied by sixty (60) days written notice to the other party prior to the date termination would take
effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph,
it shall pay Contractor for services rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which
result from this Agreement, including any computations, plans, correspondence or pertinent data and information
gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of
the work pursuant to this Agreement.
GOVERNING LAW
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on non-
discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age,
medical condition or disability. The provisions of this Agreement shall be construed in accordance with the
provisions of the laws of the State of Oregon. All provisions required by ORS Chapter 279 to be included in a
contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits
involving any question arising under this Agreement must be brought in the appropriate court of the State of
Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or materials
for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from
Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any
lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be
famished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both
parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for
the specific purpose given. There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF T GARID CONTRACTOR
By: Aut4kized City staff B : Authorized Agent of Contractor
ho
Date Date
Exhibit A
Scope of Work
1. Goals and Objectives
The overall purpose of the project is to improve the chances that Tigard can get the type and quality of
economic development desired by its citizens, achieve the goals of the Tigard Comprehensive Plan, and create
opportunities to meet the aspirations that have been developed during Metro's Making the Greatest Places
process. Additionally,an updated Economic Opportunities Analysis will ensure the City of Tigard remains in
compliance with Oregon Statewide Planning Goal 9 as the City goes through the Periodic Review process. This
project will be completed during one-biennium and will help to meet objectives outlined by Tigard citizens and
recently adopted into the Tigard Comprehensive Plan. These objectives include:
• The City shall establish strategies to retain and encourage the growth of existing
businesses.
• The City shall actively encourage businesses that provide family-wage jobs to start up,
expand or locate in Tigard.
• The City shall provide appropriately zoned lands and development regulations to
accommodate a contemporary mix of economic activities.
• The City shall engage with state and regional economic development organizations and
agencies to sustain and expand its current economic activities and be prepared for future
economic trends.
2. Products and Outcomes
The outcome of the grant will be an adoption ready Economic Opportunities Analysis(EOA). The EOA will be
developed in compliance with OAR 660 Division 9 and be performed as part of the City's periodic review work
program under the Economic Development task.
The anticipated significant effect of the project is to help focus the City's efforts to grow its economy and
maintain its quality of life. This will happen by ensuring an adequate supply of appropriately zoned land is
available for existing businesses to expand and thrive and for new employers to utilize within the City of
Tigard.
3. Work Program, Timeline, and Payment
Task 1.Preparation
Purpose:Reduce cost and delay, anticipate obstacles,prevent surprises and keep planning activities aligned
with local policy.
Deliverables: 1.A locally approved Statement of Carmnunity Economic Development Objectives. 2.Evidence
of support and coordination from key cooperating organizations and agencies.
Schedule:May 2010 to June 2010-
Activities will include.
A. Review Oregon's land use program with DLCD staff to understand key concepts. Review
will include:
i. OAR 660, division 9, Economic Development;
ii. 660-009-0005(10) - Short-term supply of land;
iii. 660-009-0010(5) -Adequate planning effort;
iv. 660-009-0020(1)(a) - Economic development objectives;
v. OAR 660, division 24, Urban Growth Boundaries (UGB);
vi. 660-024-0040(5) -Employment land need; and
vii. 660-024-0040(8) - Safe harbors.
B. Prepare an informal draft Statement of Community Economic Development Objectives
looking back at the economic history of the area and changes affecting that tradition,looking
forward at new opportunities, and defining a series of actions to be taken to achieve a
desired and sustainable result.
C. Define a study area to analyze for economic and land use trends,which is typically a region
sharing inter-dependent economic activity. Describe why the area was chosen and include a
brief narrative about current conditions and activity.
D. Define a planning area,which is typically the existing UGB and may include potential
expansion and urban reserves. It is useful to describe why the area was chosen, and include a
brief narrative about current conditions and activity.
E. Gather and review any available regional economic development, employment data,real
estate market data and area context information that has been published by entities such as:
state and local governments, economic development agencies,ports and other development
districts, the regional Business Development Officer for the Oregon Economic and
Community Development Department, and Oregon's interagency Economic Revitalization
Team.
F. Meet with federal, state, regional and local economic development agencies to discuss
cooperation,participation and possible sources of funding for planning and implementation
activities.
G. Identify typical planning and implementation policies, activities and tools, and gather
evidence of support from key cooperating organizations (especially municipal and county
boards and commissions, and Oregon's Economic Revitalization Team).
Task 2. Trends Analysis
Purpose:Identify economic development opportunities likely to expand or locate in the study area within the
planning period.Determine the percentage of that employment growth reasonably expected within the planning
area.
Deliverable (milestone): An estimate of job growth associated with the economic development opportunities
likely to expand or locate in the planning area within the planning period consistent with OAR 660-024-0040(5)
-Employment Land Need. It will be based on review of employment forecasts from the Oregon Department of
Employment,and a custom employment forecast prepared by a competent professional.
Schedule:May 2010 to July 2010
Activities will include:
A. Review OAR 660-009-0005—Definitions, to understand key concepts and terms, and OAR
660-009-0015(1) —Review of Economic Trends.
B. Meet with Oregon Department of Employment staff to discuss employment trends in the
Economic Opportunities Analysis study area.
C. Review an employment forecast provided by the Oregon Department of Employment and
have consultant produce a customized estimate of job growth to supplement the state data.
D. Review national, state, regional, county, and local economic trend data including,but not
limited to,population and job forecasts by sector over the planning period.
E. Assess economic development potential by analyzing factors such as location, size and
buying power of local and export markets for goods and services;workforce training
opportunities; availability of transportation facilities for access and freight mobility; access to
suppliers and utilities,including telecommunications;and other service infrastructure.
F. Meet with local and state economic development professionals regarding local economic
development potential for industrial and other employment opportunities in the study area.
Incorporate results from interviews or consultations into the EOA.
G. Acquire and incorporate information published by the Oregon Economic and Community
Development Department documenting demand for sites in the study area that may not be
reflected in the current employment data.
Task 3. Site suitability analysis
Purpose:Understand the types of sites needed to successfully implement the Statement of Community
Economic Development Objectives.
Deliverable(milestone): Catalog of the range of site types suitable for the employment uses likely to expand or
locate in the study area.
Schedule:June 2010 to August 2010
Activities will include:
A. Identify the employment land uses appropriate for the study area, based on results of the
trend analysis. Include specific site sizes, special site requirements or other characteristics
affecting the needed land supply such as a mixture of site sizes or sites with proximity to
facilities.Also identify land needs that may arise from the expansion of existing businesses
and the recruitment or location of new businesses into the study area.
B. Acquire and incorporate information published by the Oregon Economic and Community
Development Department that documents specific market-based development practices and
site requirements that may affect the current inventory and need for additional suitable
employment land.
Task 4.Inventory of suitable sites
Purpose:Determine the current availability of sites suitable for employment uses likely to expand or locate in
the planning area.
Deliverable(milestone):Inventory of available sites suitable for employment uses likely to expand or locate in
the planning area within the planning period.
Schedule:August 2010 to November 2010
Activities will include:
A. Inventory and analyze the planning area's existing supply of industrial and other employment
lands for development constraints which may include:wetlands,habitat areas, environmental
contamination, topography, cultural resources,infrastructure deficiencies,parcel
fragmentation, natural hazard areas, ownership patterns, and other suitability and availability
criteria in order to determine the readiness of the current land supply for industrial and other
employment development.
The inventory will examine opportunities for redevelopment of existing sites,including sites
in the core areas of cities. It will consider the cost of preparing land for the designated use as
part of an EOA byincluding a residual value analysis as part of the analysis of development
constraints.
B. As part of any adjustment to an UGB for employment land,review employment land need
and associated policies in OAR 660, division 024. OAR 660-024-0040(5) requires a
determination of the need for a short-term supply of land. OAR 660, division 9, encourages
local governments to include policies relating to the short-term supply of land. Designation
of short-term supply is described in OAR 660-009-0025(3).
Task 5.Assessment of potential
Purpose:Understand the process,and reduce the cost and risk associated with designating the amount of the
employment land.
Deliverable(milestone):An estimate of the need for employment land within the planning area for the planning
period by category of site type.It will include a brief narrative of any identified process, cost or risk factors;and
describe the community's ability to manage those factors.
Schedule:November 2010 to December 2010
Activities will include:
A. Estimate the total number of sites needed in the study area for the planning period by
categories of sites, based on information collected in the previous tasks. Include a minimum,
maximum and most likely number of sites needed for each identified category within the
planning period.
B. Estimate the types and amounts of industrial and other employment uses likely to occur in
the planning area. Refer to Assessment of Community Economic Development Potential in
OAR 660-009-0015(4). Include a brief narrative that explains the factors that determine the
planning area's capture of employment growth in the study area.
C. Identify pertinent planning,implementation, specific site, financial and real estate market
process, cost and risk factors associated with the designation of additional employment land.
D. Analyze the information gathered to estimate total number of sites by the various categories
defined by the local government needed within the planning area for the planning period.
Task 6.Develop detailed implementation policies based on completion of previous stens
Purpose: Provide specific guidance to community leaders and staff.
Deliverables(milestone):A list of recommended economic development implementation policies to be included
in the comprehensive plan that were identified by the EOA process.
Schedule:December 2010 to January 2011
Activities will include:
A. Identify local government activities that will be needed to successfully implement the
Statement of Community Economic Development Objectives. Include changes to the land
supply,updates to comprehensive plans, additions to infrastructure facilities, new
intergovernmental agreements, updated management practices,public-private partnerships,
workforce training and adjustments to real estate economic factors. Include techniques to
increase the community's ability to respond to economic development opportunities with
speed and flexibility.
B. Identify appropriate local government actions and investments of leadership, capacity, staff
time,public finance tools and statutory authority needed to successfully implement the
Statement of Community Economic Development Objectives.
C. Identify available methods to fund local government activities that will be needed to
successfully implement the Statement of Community Economic Development Objectives.
D. Identifyinvestments in infrastructure,workforce, amenities and other community
improvements necessary in order to attract job growth. Demonstrate that methods are
available and there is local commitment to fund the improvements.
E. When using residual value analysis to justify an adjustment to the current supply of suitable
sites,apply the same analysis to all sites proposed for changes of designation,including all
proposed expansion sites outside the current UGB. Identify policies to correct residual value
development constraints within the planning period, or reasonably demonstrate that
correction is not possible. Residual value analysis is intended to remove from the short-term
inventory, those industrial sites with a persistent negative residual value. These sites have
development constraints that can't be resolved for the designated use by reasonable local
government action.
Task 7.Prepare final Economic Opportunities Analysis
Purpose:Have an adoption ready EOA that satisfies the requirements of Statewide Planning Goal 9.
Deliverables(milestone):Final adoption ready City of Tigard Economic Opportunities Analysis.
Schedule:January 2011 to March 2011
Activities will include:
A. Present the draft EOA to the EOA Project Team and the regional Business Development
Officer for the Oregon Economic and Community Development Department;receive and
incorporate comments into final product.
B. Formulate final EOA to satisfy DLCD grant requirements in accordance with the
procedures provided in Oregon Administrative Rule 660-009-0015—Economic Opportunity
Analysis.
Task 8.Final Adoption
Purpose:Advise/participate in legislative process as budget allows.
Deliverables(milestone):Final adoption of EOA and recommendations.
Schedule:March 2011 to May 2011