08/07/2023 - PacketPLANNING COMMISSION FIELD TRIP AGENDA – August 7, 2023
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1
City of Tigard
Planning Commission Agenda
TIGARD “MADE” FIELD TRIP / BUS TOUR
(MAINTAIN, ADVANCE, AND DIVERSIFY EMPLOYMENT)
DATE: August 7, 2023 – 7:00 p.m.
STARTING LOCATION: Tigard City Hall
13125 SW Hall Blvd.
Assistant Community Development Director Tom McGuire, Associate Planner Hope Pollard, and Economic
Development Manager Lloyd Purdy will lead the Planning Commission on a bus tour of employment lands to
provide context for Tigard MADE (Maintain, Advance and Diversify Employment). Potential Quorum - No
deliberations will take place.
• 7:00 PM – MEET, GREET AND DEPART FROM TIGARD CITY HALL
• STOP 1 – CRYSTAL GREENS LANDSCAPE
(12700 SW Hall Blvd.)
• STOP 2 – POTSO DOG PARK
(7960 SW Hunziker St.)
• STOP 3 – OREGON BUSINESS PARK III
(15605 – 15999 SW 72nd Ave.)
• STOP 4 – JOHNSTONE SUPPLY TIGARD
(16650 SW 72nd Ave. #100)
• STOP 5 – SPRINGROCK GUTTERS
(15717 SW 74th Ave. Suite 450)
• STOP 6 – PORTLAND COMPRESSOR
(7440 SW Bonita Rd.)
• 9:00 PM RETURN – TIGARD CITY HALL
August 7, 2023 Page 1 of 2
CITY OF TIGARD
PLANNING COMMISSION
Action Minutes – August 7, 2023
Tigard MADE Bus Tour of Employment Lands
Meeting Location: Tigard MADE Bus Tour started and ended at City Hall
13125 SW Hall Blvd., Tigard
Present: President Jackson
Vice President Miranda
Commissioner Brandt
Commissioner Choudhury
Commissioner Roberts
Commissioner Schuck
Absent: Commissioner Bowerman; Alternate Commissioner Murphy;
Commissioner K7 Tiruvallur; Commissioner Watson
Staff Present: Tom McGuire, Assistant Community Development Director; Hope
Pollard, Associate Planner; Lloyd Purdy, Economic Development Manager;
Doreen Laughlin, Confidential Executive Assistant
Assistant Community Development Director Tom McGuire, Associate Planner Hope Pollard,
and Economic Development Manager Lloyd Purdy lead the Planning Commission on a bus tour
of employment lands to provide context for Tigard MADE (Maintain, Advance and Diversify
Employment).
There was a quorum present; however, no deliberations took place.
• 7:00 PM – MEET, GREET AND DEPART FROM TIGARD CITY HALL
• STOP 1 – CRYSTAL GREENS LANDSCAPE
(12700 SW Hall Blvd.)
• STOP 2 – POTSO DOG PARK
(7960 SW Hunziker St.)
• STOP 3 – OREGON BUSINESS PARK III
(15605 – 15999 SW 72nd Ave.)
• STOP 4 – JOHNSTONE SUPPLY TIGARD
(16650 SW 72nd Ave. #100)
August 7, 2023 Page 2 of 2
• STOP 5 – SPRINGROCK GUTTERS
(15717 SW 74th Ave. Suite 450)
• STOP 6 – PORTLAND COMPRESSOR
(7440 SW Bonita Rd.)
• 9:00 PM RETURN – TIGARD CITY HALL
OTHER BUSINESS – None.
_______________________________________
Doreen Laughlin, Planning Commission Secretary
__________________________________________
ATTEST: President Nathan C. Jackson
ADJOURNMENT
The bus tour/field trip ended at 8:45 PM.
First Student Charter Center Normal Business Hours
Number 800-309-1421 Printed on Jul 24, 2023 at 11:23:27 AM EDT
Notice of Trip Confirmation Customer #Order Date Trip Date Trip Number
1532929 Jul 21, 2023 Aug 7, 2023 00039376
City of Tigard
13125 SW Hall Blvd
Portland, OR 97223
ATTN: Joe Patton
Event
MultiStop Bus 1
Comments
Your trip will be handled by our West Linn branch. For changes prior to
your trip, call the charter center at 800-309-1421. Concerns on the day of
the event, call 503-570-8604
Phone Number Fax Number PO/Contract Amount Paid Payment Method Payment Due Date Vehicle Special Needs
5037182714 $0.00 Credit Card Aug 2, 2023
Thank you for booking with First Student. Please review your confirmation for accuracy
This notice of Trip Confirmation in conjunction with the attached Terms and Conditions govern your trip
DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT. KEEP UPPER PORTION FOR YOUR RECORDS.
First Student Inc.
22157 Network Place
CHICAGO, IL 60673-1221
Please make check or money
order payable to First Student
Inc. and return your payment to
the address provided.
LOCATION NUMBER:22009
CUSTOMER NUMBER:1532929
TRIP NUMBER:00039376
INVOICE TOTAL:$595.50
TRIP DETAILS Order#
00039376
Bus #Type Name Address Comments Arrival Departure
1 Pickup Tigard City Hall 13125 SW Hall Blvd
Tigard, OR 97223
DOTC: Joe Patton- 503-718-2714
PAX: kids/ 16 adults
Aug 7, 2023
07:00 PM
Aug 7, 2023
07:15 PM
1 Stop 1 Crystal Greens Landscape 12700 SW Hall Blvd G2
Tigard, OR 97223
Aug 7, 2023
07:15 PM
Aug 7, 2023
07:30 PM
1 Stop 2 Potso Dog Park 7960 SW Hunziker St
Tigard, OR 97223
Aug 7, 2023
07:33 PM
Aug 7, 2023
07:45 PM
1 Stop 3 Oregon Business Park III 15605 - 15999 SW 72nd Ave
Tigard, OR 97224
Aug 7, 2023
07:48 PM
Aug 7, 2023
08:00 PM
1 Stop 4 Johnstone Supply Tigard 16650 SW 72nd Ave #100
Portand, OR 97224
Aug 7, 2023
08:00 PM
Aug 7, 2023
08:15 PM
1 Stop 5 Springrock Gutters 15717 SW 74th Ave Suite 450
Tigard, OR 97224
Aug 7, 2023
08:18 PM
Aug 7, 2023
08:30 PM
1 Stop 6 Portland Compressor 7440 SW Bonita Rd
Portland, OR 97224
Aug 7, 2023
08:33 PM
Aug 7, 2023
08:45 PM
1 Return Tigard City Hall 13125 SW Hall Blvd
Tigard, OR 97223
Aug 7, 2023
08:50 PM
Aug 7, 2023
09:00 PM
Charter Service Terms and Conditions
First Student
USE OF OR PAYMENT FOR THE SERVICES SHALL BE DEEMED ACCEPTANCE OF THIS CONTRACT
These Terms and Conditions, including any addendums and documents referred to therein, along with the Notice of Trip
Confirmation (collectively, the "Contract") govern provision of the transportation services by First Student, Inc. ("First
Student") described in the attached Notice of Trip Confirmation (the "Services"). This Contract shall remain in effect for a
period of one (1) year after the date it is signed by ___________ ("Customer").
1.Scope of Services:
Unless otherwise stated, transportation will be provided using a non-air conditioned, large conventional, yellow school
bus. The driver will follow itinerary as shown in the Notice of Trip Confirmation. No changes to the scope of Services will
be guaranteed unless provided in writing by First Student.
2.Payment:
First Student requires payment at the time of booking, unless otherwise agreed in writing. First Student accepts only the
following forms of payment: MasterCard, Visa, American Express, Cashier's Check, Money Order, ACH, or Check made
payable to "First Student". If Customer pays by check, the reservation will be confirmed upon receipt and clearance of the
check. Checks returned from a bank (insufficient funds, stop payment, etc.) will result in a ($30.00) fee. If payment is
made by credit card, the transaction will be done by a third-party PCI compliant vendor.
3.Notice of Cancellation:
Customer shall give First Student notice of cancellation not less than five (5) business days prior to the scheduled
departure time to receive a full refund.
(a)FAILURE TO GIVE SUCH NOTICE SHALL RESULT IN CHARGE OF A ONE HUNDRED AND FIFTY DOLLAR
($150.00) CANCELLATION FEE FOR EACH BUS RESERVED.
(b)CANCELLATIONS OCCURRING 24 HOURS OR LESS FROM THE SCHEDULED ARRIVAL OF THE BUS WILL
RESULT IN CANCELLATION FEES EQUAL TO THE FULL QUOTED TRIP PRICE.
4.Change Fees:
ANY CHANGES MADE TO AN EXISTING RESERVATION LESS THAN FIVE (5) BUSINESS DAYS WILL INCUR A
($50.00) CHANGE FEE. CHANGES TO THE ITINERARY IN THE NOTICE OF TRIP CONFIRMATION ARE NOT
GUARANTEED UNTIL CONFIRMATION IN WRITING BY FIRST STUDENT.
5.Taxes; Additional Charges:
Customer shall be charged for and pay any and all taxes, including, but not limited to federal, state, local, goods and
services taxes and airport taxes, if applicable ("Taxes"). Taxes are subject to change without notice to Customer. Prices
include Taxes. Unless specified, prices do not include parking fees, tolls, or additional charges for (i) changes in the
scope of Services that result in additional mileage or driver hours; (ii) unidentified permits or fees as required by venue or
local jurisdictions; (iii) damage to equipment caused by passengers; (iv) extra cleaning of the equipment due to the
nature of Services or the conduct of the passengers, or (v) Taxes in respect of such additional charges (collectively, the
"Additional Charges"). Customer shall be charged for and pay any and all Additional Charges.
CUSTOMER AUTHORIZES FIRST STUDENT TO INVOICE ANY OF THE ABOVE REFERENCED ADDITIONAL
CHARGES TO THE CREDIT CARD ON FILE OR OTHER MEANS OF PAYMENT USED BY CUSTOMER OR INVOICE
THE CUSTOMER FOR SUCH ADDITIONAL CHARGES IF THE CUSTOMER HAS PAID BY CHECK.
6.First Student's Responsibilities:
(a)To use appropriately trained personnel to perform the Services safely and in a professional manner subject to the
terms and conditions of this Contract.
(b)To issue a full refund to the Customer when the Services are cancelled by First Student.
(c)To notify the Customer of any Taxes, parking fees, tolls and Additional Charges that have been incurred and
assessed to Customer in connection with the Services.
7.Customer's Responsibilities:
(a)To comply with all rules, regulations and instructions, including but not limited to the COVID-19 Guidance, of First
Student relating to the Services and all applicable laws.
(b)To promptly pay all Taxes, parking fees, tolls and Additional Charges incurred or assessed in connection with the
Services.
(c)To give notice of cancellation to First Student not less than five (5) business days prior to the scheduled
departure time.
(d)To sign a trip sheet upon the request of the driver when the Services have been completed.
(e)Driver gratuities are not included and should be paid directly to driver at the time of Services.
(f)Provide a primary point of contact for driver and other First Student personnel through duration of event.
(g)Ensure all passengers conduct themselves in an orderly manner and leave the bus or other First Student vehicle
in the pre-trip condition.
(h)To indemnify, defend and hold harmless First Student from and against all claims, damages and expenses
(including reasonable attorney's fees) arising out of, or related to, the conduct, including but not limited to negligence, of
the Customer or any passengers, during the performance of, or relating to, the Services provided by First Student
pursuant to this Contract.
8.DISCLAIMER:
THE SERVICES PROVIDED BY FIRST STUDENT ARE PROVIDED ON AN "AS IS", "WHERE IS" BASIS. FIRST
STUDENT MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY ARISING
BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
9.LIMITATION OF LIABILITY:
IN NO EVENT SHALL FIRST STUDENT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE OR
PROFITS) OF ANY KIND EVEN IF FIRST STUDENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR FIRST STUDENT COULD HAVE REASONABLY FORESEEN SUCH DAMAGES. FIRST STUDENT'S
AGGREGATE LIABILITY SHALL NOT EXCEED FOR ANY REASON WHATSOEVER THE AMOUNT OF FEES
RECEIVED FROM THE CUSTOMER UNDER THIS CONTRACT.
10.Force Majeure:
First Student shall not be liable to Customer for any delays or non-performance resulting from mechanical failure, road,
traffic or weather conditions, labor difficulties, or any other causes or circumstances beyond First Student's control. All
arrival and departure times are approximate and cannot be guaranteed.
11.Passenger Conduct:
First Student may refuse to transport the Customer or any of the passengers, or may remove any of the passengers from
the bus or other First Student vehicle at any point, in the driver's sole discretion, for one or several reasons, including
without limitation:
(a)A passenger's conduct is disorderly, abusive or violent;
(b)A passenger appears to be intoxicated or under the influence of alcohol or drugs,
(c)A passenger attempts to interfere with the driver or the operation of the bus or other First Student vehicle;
(d)A passenger refuses to obey instructions from the driver;
(e)A passenger engages in any action, voluntary or involuntary, that might jeopardize the safety of the bus or other
First Student vehicle or any of the vehicle's occupants.
12.Prohibited Items:
The following items and activities are prohibited at all times on a bus or other First Student vehicle unless you have
received prior written permission from First Student: (a) smoking; (b) decorations; (c) glass containers or kegs; (d)
alcohol, drugs or other intoxicating substances; (e) flammable materials; butane operated grills or other combustibles; (f)
guns, knives or any other weapons; and (g) animals.
13.Governing Law:
The laws of the State of Ohio govern all matters, claims or causes of action (whether in contract or tort) arising out of this
Contract, the transactions contemplated under this Contract, the actions or omissions of the parties arising from or
related to this Contract, the rights and obligations of the parties under this Contract or the negotiation, execution or
performance of this Contract without consideration of Ohio's conflicts of laws principles. The courts located in Hamilton
County, Ohio shall have exclusive jurisdiction and venue over any suit or action against First Student arising out of or
relating to this Contract. Customer hereby consents to the personal jurisdiction of such courts and waives any objections
to such venue.
14.Dispute Resolution:
The parties shall negotiate in good faith to resolve any dispute that may arise under this Contract. Disputes that cannot
be resolved by negotiation may be submitted to mediation using a mutually agreed upon mediator. If mediation is not
successful, the parties may pursue their remedies as they choose.
15.Attorney's Fees:
The undersigned agrees that First Student shall be entitled to all attorney's fees and other costs associated with
recouping any amounts owed under this Contract.
16.Open Alcohol Containers:
First Student will operate all charter trips in accordance with and limited by all governing state laws and regulations
pertaining to open alcohol containers in vehicles. If governing state law permits open alcohol containers on buses or in
any other First Student vehicles and Customer requests a charter with open alcohol containers and First Student grants
permission for open alcohol containers on its buses or other First Student vehicles in accordance with paragraph 12 of
this Contract, then all of the following shall apply:
(a)Only adults of legal drinking age may consume alcohol on the bus.
(b)Customer may be charged a non-refundable clean up fee, in addition to a refundable damage deposit. The
damage deposit refund amount will be determined by the condition of the vehicle upon return. Dollar amount and details
of the refundable damage deposit may vary by location; and will be communicated upon acceptance of agreement.
(c)No kegs or glass containers are permitted under any circumstances. As stated in paragraph 12 above, First
Student reserves the right to refuse to permit open container alcohol on any bus or in any other First Student vehicle at
any time.
17.Social Distancing:
In the event that there are applicable laws or regulations in existence at the time of the Services that require social
distancing, such applicable laws or regulations may dictate a need to alter capacity allowances. Any such capacity
changes may result in the need for additional buses, which may result in a change of price and will be subject to the
availability of any additional buses. Customer acknowledges receiving First Student's social distancing guidance
information (the "COVID-19 Guidance") referred to in Addendum A hereto.
18.Miscellaneous:
THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. IT IS THE COMPLETE AND
EXCLUSIVE EXPRESSION OF THE PARTIES' AGREEMENT ON THE MATTERS CONTAINED IN THIS CONTRACT.
ALL PRIOR AND CONTEMPORANEOUS NEGOTIATIONS AND AGREEMENTS BETWEEN THE PARTIES ON THE
MATTERS CONTAINED IN THIS CONTRACT ARE EXPRESSLY SUPERSEDED BY THIS CONTRACT. THE
PROVISIONS OF THIS CONTRACT MAY NOT BE EXPLAINED, SUPPLEMENTED OR QUALIFIED THROUGH
EVIDENCE OF TRADE USAGE, COURSE OF PERFORMANCE OR A PRIOR COURSE OF DEALINGS. IN ENTERING
INTO THIS CONTRACT, NEITHER PARTY HAS RELIED UPON ANY STATEMENT, REPRESENTATION, WARRANTY
NOR AGREEMENT OF THE OTHER PARTY EXCEPT FOR THOSE EXPRESSLY CONTAINED IN THIS CONTRACT.
THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS CONTRACT, OTHER THAN
THOSE EXPRESSLY STATED IN THIS CONTRACT.
In the event of a conflict between the terms of the Contract and any other document or agreement between Customer
and First Student, the terms and conditions of this Contract shall control. If any portion of this Contract is found to be void
or unenforceable, the remaining portions of this Contract shall remain in full force and effect.
19.Waivers:
The parties may waive any provision in this Contract only by a writing executed by the party or parties against whom the
waiver is sought to be enforced. No failure or delay (i) in exercising any right or remedy, or (ii) in requiring the satisfaction
of any condition, under this Contract, and no act, omission or course of dealing between the parties, operates as a waiver
or estoppels of any right, remedy condition. A waiver made in writing on one occasion is effective only in that instance
and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against
any other Person.
20.Amendments:
The parties may not amend this Contract except by written agreement that each party executes and that is identified as
an amendment to this Contract.
21.No Jury Trials:
THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL ON ANY AND ALL PROCEEDINGS RELATED TO OR
ARISING FROM THIS CONTRACT, THE SERVICES THAT FIRST STUDENT PERFORMS PURSUANT TO THIS
CONTRACT, THE PERFORMANCE OR NON-PERFORMANCE OF EITHER PARTY'S OBLIGATIONS UNDER THIS
CONTRACT OR ANY OTHER MATTER ARISING FROM OR RELATED TO THIS CONTRACT.
22.Personal Information
When the California Consumer Privacy Act ("CCPA") does not apply, First Student shall not use, retain, or disclose a
consumer's Personal Information (as defined in applicable law) except to perform the services hereunder for Customer
and/or for the following of First Student's own internal business purposes such as auditing related to a current interaction
with the Customer and concurrent transactions, detecting security incidents, debugging to identify and repair errors,
short-term, transient use, performing services on behalf of the Customer, undertaking internal research, or undertaking
activities to verify or maintain the quality or safety of a service.
The following provision governs the responsibilities of the parties when the CCPA applies: "CCPA" means the California
Consumer Privacy Act and regulations implemented under it. "Aggregate Consumer Information", "Business", "Business
Purpose", "Collects", "Consumer", "De identified", "Personal Information" (PI) and "Service Provider" shall have the
meanings given to such terms in the CCPA.
Customer PI Collected in the course of performing the Services is Customer's property, which Customer owns and
controls. Contractor shall not retain, use, or disclose Customer PI for any purpose other than performing the Services for
Customer as specified in the Agreement(s), unless for a reasonable Business Purpose related to the Services (e.g., fraud
prevention, accident and personnel investigations, and security), or as otherwise required under applicable law or court
order ("Permitted Purposes"). Customer authorizes and directs Contractor to retain, use and disclose Customer PI for the
Permitted Purposes, but for no other purposes. It is understood and agreed that Contractor may itself independently
Collect PI ancillary to the Services as a Business, as opposed to as a vendor (e.g., by managing our personnel and their
conduct and activities), which data shall be Contractor's property, solely owned and controlled by Contractor, and
Contractor shall be solely responsible for compliance with the CCPA and applicable laws regarding such data. In
addition, Contractor is authorized as part of the Services to create Aggregate Consumer Information or DE identified data
from the Customer PI, which upon such creation shall no longer be Customer PI and shall be Contractor's property,
solely owned and controlled by Contractor, and Contractor shall be solely responsible for compliance with applicable laws
regarding such data; provided, however, that Contractor commits not to attribute you as the source of such data except to
the extent required under applicable law or court order.
Contractor shall reasonably cooperate with Customer to assist Customer in meeting its obligations regarding Customer
PI under the CCPA and other applicable laws, including, without limitation deleting specific Customer PI; provided,
however, that if the cooperation requested would result in any material expense or expenditure of time or resources,
Contractor shall be entitled to charge on a time and materials basis. In such case, Contractor shall first provide a cost
estimate to Customer and the parties shall mutually agree upon the scope of assistance and the cost thereof.
First Student shall comply with Canadian privacy laws applicable to it in its handling of any personal information (as
defined in those privacy laws). To the extent that First Student collects, uses, discloses, and/or retains such personal
information on behalf of Customer: (a) it will only do so where reasonably necessary to perform the Services, or as
otherwise permitted or required by applicable law; (b) it will protect such personal information from loss, theft or
unauthorized disclosure (an “Incident”) using commercially reasonable safeguards; (c) it will promptly notify Customer of
any Incident involving such personal information; and (d) it will promptly refer to Customer any access or correction
requests made under privacy laws for such personal information. In addition, First Student shall be entitled to retain
de-identified versions of any such personal information, provided that the personal information is not reasonably
identifiable to either Customer or the applicable individual. To the extent that Customer provides any personal information
to First Student, it represents and warrants that it has the authority to do so to enable First Student to provide the
Services or make such other uses or disclosures as are identified to Customer in advance
DATE: