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City Council Packet - 06/25/1996_ CITY OF TIGD' OREGON I. TIGARD CITY COUNCIL ®err-ri®atv IVi C C 1 111 v JUNE 25, 1996 0 TIGARD CITY COUNCIL E3Ub1Ni SS JEETING JUNE 25, 1596 6:30 P.h1. TIGAR D CITY HALL 13125 SW HALL BLVD TIGArRD, OREGON 97223 CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the { Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be j two minutes or less. Longer matters can he -et for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are gatimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda ' items can be heard in any order after 7.30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA j J COUNCIL AGENDA- JUNE 25, 1996 - PAGE 1 i f AGENDA 6:30 P.M. STUDY MEETING > Agenda Review > Ethics Training 7:30 P.M. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance '.A CouncH -omit nunicationsiLiaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request _ that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes - May 28, 1996 3.2 Receive and File: Award of Certificate of Achievement in Financial Reporting for 1994195 3.3 Approve Inter-Governmental Agreement Accepting Block Grant Funds for Senior Center Improvements 3.4 Authorization for Acquisition of Easements - Three Mountain Estates I - Subdivision 3.5 Local Contract Review Board a. Approve Modification of Existing Contract for Engineering Design Services to Include Construction Management Services for the Construction of the 130th e;en:. AN; t -lake Bridge b. Approve Modification of Existing Contract for Engineering Design Services to include Construction Management Services for the Reconstruction of the Grant and Tiedeman Bridges C. Award Contract to Parker NW Paving for Construction of 130th Avenue 3.6 Approve Washington County Cooperative Library Service (WCCLS) Inter-Governmental Agreement for Washington County Inter-Library Information (WILI) Agreement i I i COUNCIL AGENDA - JUNE 25, 1996 - PAGE 2 i. I 4. ADOPT POLICY RELATING TO THE USE OF CITY PROPERTY FOR WETLANDS. • Community Development Department 6. NON-AGENDA ITEMS f I 6. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss j labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this j session. 7. ADJOURNMENT i 19adm1cathytccai960625.doc j. COUNCIL AGENDA -JUNE 26, 1996 - PAGE 3 - i i I L 0 Agenda Item No. 3 f is Meeting of -7/331q(p TIGARD CITY COUNCIL MEETING MINUTES -JUNE 25, 1996 • STUDY MEETING > Meeting was called to order at 6:30 p.m. by Council President Hunt. > Council Present: Council President Paul Hunt, • Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Administrator Bill Monahan; Asst. to the City Administrator Liz Newton; City Recorder Catherine Wheatley; Community Development Director Jim Hendryx; Finance Director Wayne Lowry; and Legal Counsel Pam Beery. > Councilor Scheckla asked if anyone was going to appeal the decision on Measure 8. Liz Newton, Assistant to the City Administrator, said that the Attorney General's office would make a decision within the next month on whether or not they would file an appeal. i Wayne Lowry, Finance Director, reviewed his memo outlining the City's j possible responses to the decision overturning Measure 8. (see memo on file in the Council packet). He noted the four groups of City employees affected by Measure 8: OPEU, management, management employees I hired since January 1, 1995, and the police lieutenants promoted out of TPOA since April 15, 1996. He pointed out that no TPOA employees have paid the 6% because their contract wasn't up until June 30, 1996. Mr. Lowry reviewed the details of each employee group's situation since the passage of Measure 8. He noted how the City's 8% and 6% plan applied in each case. Mr. Lowry stated that staff has assumed in the next payroll calculations that they would not take the 6% deduction from employees' and that they would restore the City's retirement contribution for that same pay period. r" He said that OPEU was already receiving 14% toward retirement so this change would simply stop the 6% deduction. He said that a decision ; needed to be made by the Council on whether or not the 6% deduction of the management employees hired since January 1, 1995 should cease. Bill Monahan, City Administrator, reviewed the two questions facing 111 Council 1) Did the City want to do one retirement plan where no employees paid the 6% or did they want to have some employees pay the 6% because they preceded the January 1, 1995 date? 2) Should the City's retirement contribution be uniform for all employees prior to January 1, 1995? 5 ✓ CITY COUNCIL MEETING MINUTES - JUNE 25, 1996 - PAGE 1 f; Councilor Scheckla asked about consequences should the Measure 8 decision were overturned, Mr. Monahan said that it depended on what Council did. He explained that if they continued to take the 6% from employees (awaiting a final decision on Measure 8), they might have to consider an appeal by OPEU and individual management employees in addition to complicating negotiations with TPOA. If the City stopped taking the 6%, they faced some exposure should the decision be overturned in favor of Measure 8. Mr. Monahan noted other questions for consideration of this issue: Did the Council want to have a certain percentage of contribution? Did the Council want to have employees make a contribution? Did the Council want uniform contribution or grandfather some people in at a given level with the intention of equalizing contributions over time? Councilor Moore supported bringing new hires up to 14%. Without Measure 8, those employees would have been hired with a 14% retirement benefit. Council President Hunt asked for clarification on what could be discussed now and what should be left to Executive Session. Mr. Monahan said that the questions for now were should the City stop requiring all employees to make the 6% contribution and should the City take the necessary steps to return the 6% set aside to those employees who have made it. The Council agreed by consensus that the new and old employees should be treated equally, that the City should no longer require employees to make a 6% contribution and that the set aside should be returned to those employees who made it. Mr. Monahan noted the issue regarding the new employees and the retirement fund contributions would be discussed in Executive Session. ~ I Mr. Lowry confirmed to Councilor Scheckla that the money that was set aside was already in place in the 95/96 budget. - Mike Mills, OPEU President, reviewed the union's position that Measure 8 only required employees to contribute 6% and that the Council went above and beyond what Measure 8 required when the City reduced its contribution to the retirement fund by 6%. He said that giving back the 6% was good but that from his perspective the employees lost 6% in retirement contribution and another 6% in salary. He commented that the employees had filed a grievance because they saw this as a violation of their contract. In response to Councilor Scheckla's request, Mr. Lowry clarified that OPEU had 14% going into retirement throughout this period of time; 8% came from the City and 6% from the employees. Employees couldn't get the 6% back from the plan that they paid in, but the City, by returning the 6% set aside, would restore their "take home" pay. CITY COUNCIL MEETING MINUTES - JUNE 25, 1996 - PAGE 2 I I i L Mr. Lowry reviewed the contract negotiations with OPEU, noting that they agreed to contributions of 14% from April 1 through June 30, at which time the rate dropped to 12%. They were not entitled to set asides for the period from April 1 through June 30. Mr. Monahan added that from April { 1 until now, OPEU members were having 20% placed into their retirement # accounts. I > Ethics Training Mr. Monahan distributed packets of information to the Council containing the City of Tiqard personnel rules; the Government Standards and Practices Statute, and the outline staff used to train City employees and Planning Commission and Library Board members. He noted the additional sections on conflicts of interest and land use hearings. Mr. Monahan stated that staff conducted this training because they were w concerned that people were not aware of the law or how it applied in day to day situations. Mr. Monahan reviewed the history of the Government Standards and Practices Commission. Mr. Monahan reviewed definitions, noting in particular that a public official was any person serving the State of Oregon or one of its political subdivisions or any other public body in the state as an officer, employee, agent or otherwise, whether or not that person was compensated for 3 jt services. He said that staff interpreted that to include Board & Commission i members and library volunteers (CIT members were not considered to be public officials). Mr. Monahan reviewed the main criteria of the statute. The first criteria was that public officials (including relatives) could not use their official _ position or their office to obtain financial gain or to avoid a financial i d t h e r ment t at would not otherwise be available but for the officials holding _ of the position or office. He noted the exceptions: officials could accept an r- official salary, honoraria, reimbursement of expenses and an unsolicited award for professional achievement. He pointed out that "relatives" was defined broadly and included parents and siblings as well as spouse and children, i Mr. Monahan noted the second major criteria of the statute: no public official, candidate or relative shall solicit or receive directly or indirectly any _ gift or gifts with an aggregate value of $100 from any single source which _ could reasonably be known to have legislative or administrative interest in any governmental agency, and in which the official would have an official position. This meant that if someone who had a legislative or administrative interest which the official could influence gave the official gifts, then the official could only accept the gifts if they totaled less than $100 for the entire year. ' , CITY COUNCIL MEETING MINUTES - JUNE 25, 1996 - PAGE 3 t E f ~ i e I Mr. Monahan explained through example how the two main criteria functioned, interacted and what they did not mean. It did not mean campaign contributions. He noted that anyone who offered an official gift of over $100 was subject to the penalties also. Mr. Monahan noted other criteria. Officials could not solicit or receive employment in return for official action, they could not misuse confidential E information, and they could not represent paying clients before a board on which the person was a member. RA, Monahan the stated that the Council could as'- i~ - .,....n i~n or the City Attorney or the Government Standards and Practices Commission staff for advice. He noted the procedure used by the GSPC staff for handling requests for opinions and complaints filed. ~e Pam Beery, Legal Counsel, reviewed the difference between actual conflicts of interest and potential conflicts of interest. An actual conflict of interest was a situation where it was certain that an official or his/her f fzw, a relative would benefit. A potential conflict of interest was a situation where the benefit was only a possibility. She noted exceptions to actual conflict of interest, including allowance to take action on something that benefitted a whole class of people, rather than one individual. Ms. Beery reviewed examples of the application of the statute. She reiterated that Council could call the City Administrator, her staff or the *f GSPC staff for advice. f Ms. Beery advised the Council that, when faced with an actual conflict of r T interest, it was best to state the nature of the conflict and step down from the decision, preferably leaving the room for the duration of the discussion. She explained that in land use decisions, the Council functioned as sort of a court, and that the participants were entitled to a fair hearing. She emphasized that they had to declare any conflict of interest and/or explain why they thought they could make a fair decision. 1. BUSINESS MEETING F 1.1 Call to Order - City Council & Local Contract Review Board Council President Hunt called the business meeting to order at 7:35 P.m. 1.2 Roll Call a k > Council Present: Council President Paul Hunt; Councilors Brian Moore , Bob Rohlf, and Ken Scheckla. > Staff Present: - City Administrator Bill Monahan; Asst. to the _ City Administrator Liz Newton; City Recorder Catherine Wheatley; Community € i Development Director Jim Hendryx; Finance Director Wayne Lowry; and i ' 1.3 Pledge of Allegiance 1.4. Council Communications/Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA: None 3. CONSENT AGENDA a Councilor Rohif asked if the additional contribution in cash and services for the Senior Center (Item 3.2) had been included in the budget. Mr. Monahan said that this was in addition to the contributions made in the budget. Mr. Monahan verified for Council President Hunt that Item 3.2 did include irrigation for the planters. Motion by Councilor Scheckla, seconded by Councilor Moore, to remove 1 Item 3.4 for discussion during Executive Session and approve the Consent ,k A d gen a. Motion passed by a unanimous roll call vote of the Council present. (Councilors Rohlf, Scheckla, Councilor President Hunt, and Moore voting "yes.") , 3.1 Approve City Council Minutes: May 28, 1996 3.2 Receive and File: a. Award of Certificate of Achievement in Financial Reporting 3.3 Approve Inter-Governmental Agreement Accepting Block Grant Funds for Senior Center Improvements [3.4 Authorization for Acquisition of Easements - Three Mountain Estates Subdivision - Removed for separate consideration.] 3.5 Local Contract Review Board: a. Approve Modification of Existing Contract for Engineering Design Services to Include Construction Management Services for the Construction of the 130th Avenue/VVinterlake Bridge ,y b. Approve Modification of Existing Contract for Engineering Design Services to ' Include Construction management Services for the Reconstruction of the Grant and Tiedeman Bridges I t c. Award Contract to Parker NW Paving for Construction of 130th € Avenue 3.6 Approve Washington County Cooperative Library Service (WCCLS) Inter- Governmental Agreement for Washington County Inter-Library Information ' jjj (WILT) Agreement 4. ADOPT POLICY RELATING TO THE USE OF CITY PROPERTY FOR WETLANDS Jim Hendryx, Community Development Director, presented the staff report. He reviewed the background of this policy request, noting that it arose from a • request made by Mr.' Bowen to utilize city-owned wetlands for mitigation for private development. He stated that the policy was designed to provide guidance CITY COUNCIL MEETING MINUTES - JUNE 25, 1996 - PAGE 5 ' II I r E E k- r: while giving the Council the flexibility to consider individual circumstances. He 1 reviewed the specific provisions of the policy and recommended Council adoption. Councilor Scheckla asked several questions for clarification. Mr. Hendryx explained that the City did not previously have a policy on wetland mitigation. He j commented that as the UGB filled in; the City would probably recei ,e requests such as this because fewer sites would be available. He said that it was a positive benefit to the public to have the wetlands enhanced. He agreed that if lands outside the UGB ever came to the City, they would have more lands available; however, having this policy in place would give them a way to evaluate 40. mitigation requests. He said that he had not researched whether other jurisdictions had similar policies in place. Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution No.96-42. RESOLUTION NO. 96-42, A RESOLUTION TO ESTABLISH CITY POLICY FOR THE USE OF THE CITY OWNED WETLANDS FOR PRIVATE MITIGATION. Motion passed by a unanimous voice vote of the Council present. (Council President Hunt, Councilors Rohlf, Scheckla, and Moore voting "yes.") > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:55 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor 4 E relations, real property transactions, current and pending litigation issues. Council President Hunt reconvened the regular meeting at 8:10 p.m. > Consideration of Consent Agenda Item No. 3.4 - Authorization for Acquisition of Easements - Three Mountain Estates Subdivision Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution No. 96-41. k RESOLUTION NO. 96-41, A'RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF INTEREST IN CERTAIN REAL E PROPERTY FOR AND AUTHORIZING THE CONDEMNATION OF THE REAL ! PROPERTY INTEREST. Motion passed by unanimous voice vote of the Council present. (Councilors Rohlf, Scheckla, Council President Hunt, and Moore voted ..yes:,) 5. NON-AGENDA ITEMS Councilor Scheckla noted the passing away of Clayton Nyberg, a citizen who was instrumental in the Tigard Senior Center and other functions. ~--j CITY COUNCIL MEETING MINUTES - JUNE 25, 1996 - PAGE 6 ( S k; t. ~J ~s ~~x M6' Mow, womm i pa:, - _J- COMMUNITY NEWSPAPERS INC , . L egal P.O.BOX370 PHONE(503)684.0360 Notice TT 8542 BEAVERTON. OREGON 97075 i F IJ - Legal Notice Advertising )(1N r 4 1y9k City of Tigard • ❑ Tearsheet Notice . 13125 SW Hall Blvd. '".TTY OF TIGARD &Tigard,Oregon 97223-8199 • ❑ Duplicate Affidavit • _ - Accounts Payable:Terry _ AFFIDAVIT OF PUBLICATION , STATE OF OREGON, ) as COUNTY OF WASHINGTON, ) - Kathy SIIyd~r being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tig,3rd-Tna 1 at; n mimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the afgresaid county and state; that the C1tV Council Bus,ng,, f1e tang a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: - - June 20,1996 Subscribed and sworn t~Jl ~t hday of .7nne,1 }tea OFF!G-X SEAL _ ROE! X nUPLESS Notary blic for Oregon K' « NOTA!' - OREGON COW 0.024552 My Commission Expires:- SIC,.. at2SMM16,1997- AFFIDAVIT The following meeting highlights arc published for your information. Full 29cndas may N: obtained f•em the C t 13125 S Hall W . , . . Boulevard, Tigard, Oregon 97223, or by calling 6394171. y CITY COUNCIL BUSINESS MEETING June 25, 1996 _ HA I 13125 S.W. LL OULEVARD,, 71GARD OREGON Study Meeting (Red Rock Creek Room) (6:30 P.M.) • Executive Session: The Tigard City Council may go into Execu- tive Session under the provisions of ORS 192.660 (1) (d), (c), & ! (h) to discuss labor relations, real property transactions, current and pending litigation issues. Ethics Training Agenda Review Business Meeting (Town }Tall) (7:30 P.M.) - Council Updatc/Discussion: Consider IGA With Washington County Regarding Areas in Tigard's Urban Growth Boundary • Consider Ordinance - Transfer of Durham Road TTS542 -Publish June 20, 1996. _ ' " 'hf„ c.,' 'yy sas`• _ , : e7,, ti- ; r - F - ,,;r .r, - - fi s M AE[AITEi11 NO.' VISITOR'S"AGENDADATE :_.ume~ 761996-= (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agendas items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME, ADDRESS & PHONE g TOPIC CONTACTED ~m s. - i SUBJECT: Implementation of Measure 8 - t Given the Supreme Court's decision on Measure 8, We have explored the implementation of the Court's decision. Tigard employees can be grouped into four categories for discussion of this issue. Note that TPOA employees are not affected by this because they have not been required to pay their 6% and their contract is currently under negotiation. OPEU: Opeu employees are currently paying 6% to their plan, the City is contributing 14%. Members have a 6% set aside for 1/1/96 to 4/1/96. Mgmt: Management employees hired prior to 1/1/95 are currently paying 6%o to their plan, the City is contributing 8%. Employees have been accumulating a set aside of 6% since 1/1/96. Mgmt/New: Management employees hired since 1/1/95 are currently paying 6% to theirs plan, the City is contributing 8%. No set aside has been discussed for these employees. c Police Lts: - Four Police Lieutenants came out of TPOA effective 4/15/96. They are { currently paying 6% to PERS, the City is contributing 9.8%. These employees have the k, i expectation that if measure 8 is invalid, they will have their deductions offset by payment of a set aside. Looking Forwo-l Our next payroll is this Thursday 6/27/96, which includes the two week payperiod ending p 6/22/96. With the State Supreme Court opinion effectively voiding measure 8, it seems .I logical to assume that the 6% employee deduction should cease immediately and the City's full contribution should be restored from this point forward. We are prepared to do this with the 6/27196 payroll. Ending the deduction and restoring the City contribution from this point forward is fairly easy and straightforward, however there is one exception that may need council direction. l o' i°. L_ c. Management employees hired since 1/1/95 began with a deduction of 6% and an employer contribution of 8%. Should the deduction cease as • ith other employees and should the employer contribution be resLor d to the ley ive th gL er n o g management employees? Looking Back l We anticipate paying the set aside amounts with interest to members of OPEU and to Management employees hired prior to 1/1/95 and Police Lieutenants in a special pay run prior to July 12. We are currently requesting an opinion on the tax treatment of the payments and would like to be able to give employees several options including 401A, 457 or cash. We will also be giving employees information o th n e tax consequences of each option. Because Management employees hired since 1/1/95 do not have a set aside, they would not be entitled to a refund unless the co il I unc grants them a set aside. There are nine Management employees in this group with six currently eligible for the retirement plan . The 1995/96 budget assumed a 14% City contribution to all Management employees ti re rement plans. i .v should h set aside begin 1/1196 or when the wplom began the S% d d ction? Through our last payperiod, the amounts set aside for management amount to $41,350 OPEU $31 932 if , , , and a set aside were calculated for newly hired management employees back to the date of their eligibility, it would amount to $8 914 If i , . t was calculated back to 1/1/96, it would amount to $6,790. The set aside for the Police Lieutenants amounts to $2,044. 5 I believe the questions noted in bold and underlined are those that council needs t o answer for us to fully implement the Supreme Court's decision.. If you have any questions about these issues, please let me know. ly, i j ~ fY F F7]a F ~ 7 1 f I f MEMORANDUM I I CITY OF TIGARD OREGON a ' , - - TO: Bill Monahan, City Administrator f FROM: Greg Berry, Utilities Engineer 'e?22 DATE: June 21, 1996 SUBJECT: Proposed Neighborhood Sewer Extension Program Projects Request for Review Following public notice of the initiation of this program, three projects have been identified which appear to have sufficient interest from property owners to justify proceeding to final design. The first two projects are described on the attached maps and are proposed to be constructed by early fall of this year. The next step for these projects is to propose a method of sharing the cost ~i among the owners so that each owner will have a better idea of the total anticipated costs of the sewer. Once property owners have had an opportunity to review these costs they will be offered an r x? , opportunity to meet with City staff to discuss options and ask questions. If sufficient interests fy' remains, staffwill proceed with final design. z 1 In addition to sharing in the estimated cost of the public sewer shown on the maps, each owner is f also expected to abandon their existing septic system provide required private plumbing to connect to the public line and pay a connection fee. Also shown on the maps is a summary of re sp uses }r o received to a survey of property owner interest. f A third project in the SW 100th Ave. and Inez St. area is also being considered but a specific } Fl project has not yet been identified. t N Before the first two projects (shown on the maps) are proposed to the property owners, your review ' and comments are requested. Please let me know if you have questions. _ L`EtiGGegJJrighbaDoc - t f_ ,J S Yk ~ z j ~"t« .J - _ - rw-• e;r .tip ~'r. 47.~ e.... - ~T " ,~-_....~.r __.~^'T SW TIGARD STREET NEIGHBORHOOD SEWER EXTENSION SCALE: i" = 60' PROJECT INFORMATION NUMBER OF LOTS = 4 -INTERESTED = 4 - NOT INTERESTED = 0 APPROX. LENGTH OF PIPE = 350 FT. ESTIMATED PROJECT COSTS = $30,000 ..i a v 3 E%ISTING SEWER W T ~ ~ 06125196 Study Session loft EDGE OF PAVEMENT E%ISTING SEWER ~T a FITZGERALD 10835 SW TIGARD ST: (INTERESTED). ROBERT EVANS 10905 SW TIGARD ST. WILL HOOK UP IN BACK ON SW 108TH AVE. PROJECT AREA r-- I I I `BURGHARDT I N0:`ADDRESS I PROPOSED`HOUSE I (INTERESTED) I I I BURNHART I I 10895 SW`TIGARD ST. I : ' - .(INTERESTED) , I I I I. I BURGHARDT I 10805'SW TIGARD ST:' I (INTERESTED) I I ri_r. sw TICnR~ sT. 5, ~ t L t „t I , t l: t I. i u i ~ J I ti` , MAI a, I . ~ ' ~ 10755 SW TIGARD ST." t - HOOKED-UP ~ ~ F ~ • TO SAN. SEWER'- ~ ~ I t ~ -i_ . .3 t ~ _ N I i~ r ~ I' S~r~ I • t t . f I t 1 t E%ISTING SEWER'. -.e nl` PROPOSED SEWER - ' CONNECT TO E%ISTING ~SANITARY.SEWER-;. EDGE OF PAVEMENT 'e'r ,,i~ ~t 4 P.":~ r [f this notice nppeats clearer thnn the AUG 2 ¢ 1995 ' _ .document, the document is of marginal qu.ulty. ~ MICROFILMED ~ ' i [i~1~~11~~~~ I I~tt~l~~if~lil~,:r~rfi~?lr~tl I~J~r~r~ rlll~iii1'~~ .:~i~T►~'T 1~~~(! ~~~I~I} INCH ~ NAOE IN CHIMA c _ t - _ .r;' . ,acs c + ~°~t s s s -a i to n It u = w, is tc tT to , to m° a :F n u ~llIIIIIIIIIillfll(IIIIIHI(fIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIII~UIIIIIIIIIIIIIIIIIIIIIIIIfI(~I~IIIIfIlllllll(IIIIIIIIIIIIIIIIIIIIII1IIiIIIIIIIIIIIIIIIIIIfIIIUIU~IIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIiIIm lillilml Im~fllf~fijllfl~Illl1f111IIll11111i1lllWl Illy iIIIIII1111W : •i . vl~nvl I r mnr I `i~'~fi ~Tyh AI ' SW FAIRHAVEN STREET WAY NEIGHBORHOOD SEWER EXTEN ON SI NOT TO SCALE oun6r ~1 u, t PARK Si IL N j CONNECT TO ~ R ~ EIOSNNC SEWER ' w~ . i . - ~ 70965 10915 IOB65 10815 ~~~10765 tO6BB fOfiAS ~~~~106C8 ' 1]BIB ~ - - FAIRHAVEN 6T. FAIRHAVEN ST. FAIRHAVEN ST. FAIRHAVEN ST, FAIRHAVEN ~ FAIRHAVEN ST. ~ 3 N0 INi R STEO ST• o ~ P FAIRHAVEN SE~~~~fAIRHAVEN•ST,~-~FMRHAYENSL - CAN ONLY ( RESPONSE). ( E E ) (NO RESPONSE) (INTERESTED) n HOOKED U (INTERESTEOf. (INTERE81Fp) NOT.¢ilEI1ESTED HOOK UP o ~ a WEST OF 1101H - ii ~ N SW FAIRHAVEN ST: , z s ~ ~ ~.'."PROPOSED~SEMER ~ ••'PROP,OSEp SEWER : X c Z~ PROPO r 4 . Q ~d~ 10960 ~ CM Q FAIRHAVEN SL i-. - HOOK UPY 10910. - IOB60 10820. ~ 10770 ' ~ 10730. .10690 ~~~10650 10600 ~ 1:0608 3 VICINITY AP WEST OF IIO7H FAIRHAVEN Si. FAIflHAYEN Si. FAIRHAVEN Si. FAIRHAVEN ST: FAIRHAVEN ST FAIRHRYER ST FMRHAVEN'ST: FARHAVEN BE WAMINS S1,' N M NO flE5PON5E)(NO RESPONSE) (INTEflE5TE0) (INTERESTED) (INTEFESiEDf ~(INTEflESTED) C (NO RESPONSE) (Nb RESPONSEf (W1EpE8TEOf 13620 i~'.. SW ItO1H AYE. ~ C ' CAN ONLY ~ ~ HOOK UP O Q WEST OF 1107H $ ~ PROJECT INFORMATION a - FuA a,~ 5T , ~.".10725 (N0. RESPONSE) _ " 10885 IOB55 10828 "70795 'FAIRHAYEN.ST' NUMBER OF LOTS = 29 O 10918 10915 FAIRHAVEN ST. FAIRHAVEN ST. FAIRHAVEN SL FAIRHAVEN ST. ,:(UNCERTAIN)' 1~ FAIRHAVEN ST. FAIRHAVEN ST, (NO RESPONSE) (INTERESTED) (INTERESTED) (IN7EpES7EDf ~ ' I~--~' - INTERESTED = 15 " ' HOOKED UP (NO RESPONSE) I,1. - NOT INTERESTED = 1 s~ ~ iu9fu_ I_ - (n ..~.'FAIRHAVEN"ST - UNCERTAIN = 1 Pfloaos WER SW FAIRHAVEN WAY (pORESp.OrtsE) ED SE - NO RESPONSE = 12 - " APPROX. LEN T - Ep59NG SE'+Ap• G H OF PIPE - 1900 FT. CONNECT TO 1 ~ Ex1571NG SEWER - ~ ~ 10740 ~ ' ESTIMATED PROJECT COSTS = $160,000 f.. ~ FaRHA~rsT... OUTLE 10890 IOB60 toB30 IOBOD ~ 90770 ~,~,(INTERESIEO); 1 10950 10920 FAIRHAVEN ST, FAIRHAVEN ST. FAIRHAVEN ST FAIRHAVEN ST. ~FAIRNAYEN ST ~ ~ { ~ i FAIRHAVEN ST. FAIRHAVEN ST. HOOKED UP (INTERESIEO) (NO RESPONSE (INTERESTED) -(NO, RESPONSE). IF HOOKED UP~ HOOKED UP~ ~ ` i~ :1:: i W E%ISTING SEWER - I ti{±'~ PROJECT AREA 06125/96 Study Session 2of2 - ~ _ _ ' If this notice app~;us clemel than the AUG 2 1998 ' _ ~ 4 :I ;document, the document is of marginal ,uaiity, MICROFILMED I'. ~i 1~1~1Ji l~!(la i~i(I~f I(i~l{J 117(1 . ~~l ~ 1' l 1~'f.C; 1~tll i . . l.1 1):~ ~ L ~~,Y ~ INCH ('MADE D/ CHINA ac. _,.yc.... 1 s ~~~.'a °A"_ -'.'Y' ~ 1 -'-5.19 11 1.:.J2 'b ~.:-K'-. '15 :.,aP ❑ =11._ 1t ;'29y _ tL'r, Y6 °2 _ . .=21 >0. ~~llIIIIIIIIIIIIIIIICIIIIIHIIIIiIlI11111111~1fiIhIII~IVdlllil1111({IIIIIIIIIIIIIIIIIIIfII~((IIIIIf(IIIIIIIIIIIIIIIIIIIiIh( I i 1iI1111I11 II( 111111(11111111111111!)IIIIIIIIIiIIIIIIIIIIIIifIIIfilillilf~Ill~hli iiPliill lfiltdlf IUQIIII~I➢ll(IIIIIUIItI(1 WtllUt ~I IpIIIIIIIlW , • - AGENDA ITEM # 3 a For Agenda of June 25, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUNWARY ISSUE/AGENDA TITLE Award of Certificate of Achievement for Excellence in Financial Reporting for 1994/95_ a K CITY ADMIN OK - 4" _ -DEPT HEAD O PREPARED BY: Wayne_ TSSUF BEFORE THE COUNCIL The 1994/95 Comprehensive Annual Financial Report submitted to the Government Finance Officer Association in December 1995 has been reviewed and awarded the Certificate of Achievement for Excellence in Financial Reporting. STAFF RECOMMENDATION i Receive and file the award INFORMATION SUMMARY j The City of Tigard has participated in the GFOA certification program for many years. It's submission of the 1994/95 CAFR was one of thirty three Cities in Oregon receiving the award {t O'T'HER Ai TRRNAT1VES CONSIDERED N/A ' n c _ FISCAL NOTES t N/A i j k` xN ; - 1 i yW 1 ~ 1 . k 1 ~ 1 1 ~ 1 1.1 n.. s t•?.: arr =xi' 1Kz,a'~!'dF~' .e,'.'y-ws"at7Lr r. .E. _ GOVERNMENT FINANCE OFFICERS ASSOCIATION 160 North Michigan Avenue. Suite 800. Chicago. Illinois 60601 312/977-9700 • Fax: 312/977-4606 May 10, 1996 The Honorable James Nicoli Mayor City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223-8199 Dear Mayor Nicoli: We are pl_____ to notify you that your comprehensive annual finan- cial-report for the fiscal year ended June 30, 1995 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of. Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Wayne Lowry, Finance Director. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that, you will arrange for a°formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be givento this notable achievement. To assist with this, a sample news release and the 1995 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate f standard of excellence in financial reporting. it Sincerely, I GOVERNMENT FINANCE OFFICERS ASSOCIATION 1 t / LG6e.reu,eJ Z Stephen J. Ga ier j Director/Technical Services Center 1 SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650. Washington, OC 20006 202/429-2750 • Fax: 202/429-2755 I t I ~ t GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800. Chicago. Illinois 60601 - 312/977-9700 . Fax: 312/977-4806 May 10, 1996 For information contact: NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: CITY OF TIGARD by the Government Finance Officers Association of the United States - and Canada (CFO,_) _L for ics comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant li accomp shment by a government and its management. An Award of Financial Reporting Achievement has been awarded - to the individual designated as primarily responsible for I ; preparing the award-winning CAFR. This has been presented to: WAYNE LOWRY, FINANCE DIRECTOR i The CAFR has been judged by an impartial panel to meet the high `standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user ou s gr p to read the CAFR. The GFOA is a nonprofit professional association serving j 12,625 government finance professionals with offices i Chi n cago, Illinois, and Washington, D.C. 30 - WASHINGTON OFFICE 1750 K Street. N.W. Suite 650. Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 - _.zz_ MORE 'r..-s ~ K. ~tv .'~A• ""+n;v'~'t•-"C .r _l: .T ?~t"~. ~ -.~r~edS.«~' .'.w a ~.a-"'~~` fit;. . i t C. CU~tvIG~ l f t-L t: Secretary of State Audits Division Auditing/or a Bette, Oregon - j May 1, 1996 CITY OF TIGARD 13125 HALL BLVD SW MAY 1. 3 18("6 I" TIGARD, OR 97223 II`; -.:3 Members of the City Council: n re....:..: •h- 1 Congratuiatinnc to vnur Municipal rnrnnratinn n - . Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for fiscal years ended in 1994. This is a significant accomplishment that has helped raise the quality of financial reporting statewide. We would also like you to know that quality annual reports such as yours are a valuable resource to our office in administering Municipal Audit Law. Again, let us offer our congratulations to you and your staff for a job well done. Sincerely, OREGON AUDIT DIVISION I Don aggoner, P 4 State Auditor r 1 j DW:jag f, 255 Capitol Street NE • Suite 500 • Salem. Oregon 97310 • (503) 936-2255 f FAX (303) 373.6767 • INTERNET: Audits.hotline a.state.or.us - - C _ I I C V. V. Q c R E E a IIIIII~ i 0 1~1 bl o U r 3 ti 0 v c° Q v ti O a a o ~ N e o r v 0 -A 44 r_ 0 1-4 ~ V U _z ~ w w a O y `A w p~ o 1111111 LIIII { ISSUE BEFORE THE COUNCIL Should the City enter into an inter-governmental agreement with Washington County accepting Community Development Block Grant (CDBG) funds for Tigard Senior Center improvements, which include paving the back parking lot and creating a raised bed flower and vegetable garden area. STAFF RECOMMF,NDATION Authorize the Mayor to sign the agreement accepting block grant funds. INFORMATION SUMMARY Many senior citizens who used to enjoy gardening have moved into apartments and no longer have an opportunity f to engage in this healthy outdoor activity. Many other senior citizens are confined to wheelchairs or walkers or are otherwise physically unable to perform the bending and crouching required to plant and tend a traditional ground- level flower or vegetable garden. The CDBG grant is intended to address this problem by providing funding for j converting a portion of the Senior Center's lower-level parking lot to a raised bed garden area. Low-cost manhole cones and donated planter boxes (procured by Council Hunt) filled with drain rock and top soil are proposed to be used for the planters. Concrete sidewalks through the area will provide access to the cones. This project is expected to be popular with the current patrons of the Tigard center and to draw new seniors with green thumbs to the facility. The planters also will be an aesthetic enhancement and will provide an attractive outdoor space for seniors to visit and enjoy. The grant also includes funds for paving the adjacent, lower-level parking area and the two driveways leading to this area. This improvement will alleviate the problem of dust and poor walking surface. - I The agreement has been reviewed and approved by the City Attorney's' office. Copies of die agreement are available in the City Recorder's Office. OTHER ALTERNATIVES CONSIDERED Do not authorize the Mayor to sign the agreement. { FISCAL. NOTES The total project cost is estimated at $22,335. The grant will provide $17,645. ` This City's contribution is proposed to include $3,290 in cash and $1,400 in in-kind services or staff time. If needed, additional grant funds, based on the existing CDBG percentage contribution, will be requested to cover any potential budget shortfall. i:kitywideUbgxn 6/12/96 4:00 NN - t E t v L-1 lC ` to ~ ' 111 '~tr\~. oc AGREEMENT between WASHINGTON COUNTY and CITY OF TIGARD This Agreement entered into this day of 199~n between Washington , County, a municipality of the State of Oregon reinafter referred to as the "County"), and the City of Tigard, (hereinafter referred to as the "City"): RECITALS i A. i no County is an urban county applicant for Block Grant funds under the Housing and Community Development Act of 1974 (the Act), 42 USC 301 at seq as amended, and the National Affordable Housing Act of 1990, and will receive Block 4 - c Grant funds for the purpose of carrying out eligible community development and € housing activities under the Acts and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570; - B. The County and various cities within the County, including the City, have agreed to cooperate in the undertaking of essential community development and housing t activities; C. The County desires to have certain services performed by the City as described PR r within this Agreement for the purpose of implementing eligible activities under the F Act and HUD regulations; D. It is appropriate and mutually desirable that the City be designated by, the County i to undertake the aforementioned eligible activities, so long as the requirements of i the Act, HUD regulations, state law and local law are adhered to, as provided for r f ' ' herein I ' E. The purpose of this Agreement is to provide for the cooperation between the f r County and the City, as the parties in this Agreement, in implementing such eligible activities in the manner described above; t F. The parties are authorized and empowered to enter into this Agreement by ORS 190.010 et sea., by the Constitution of the State of Oregon; and G. Therefore, in consideration of the payments, covenants, and agreements F - hereinafter mentioned and to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Agreement. C' j wfir3196 C Page 1 of 27 . c- i mum ci 4 I INDEX TO CONTRACT AGREEMENT ~ PART 1, QFNERAL CONDITIONS f 1. Scope of Agreement and Applicability to Terms and Conditions of this Agreement 2. Scope of Services 3. Commencement and Termination of Projects a 4. Administration 5. Operating Budget j 6. Compensation and Method of Payment f 7. Interest in Property _ f 8. Funding Alternatives and Future Support { 9. Amendments 10. Assignment and Subcontracting 11. Hold Harmless and Indemnification 12. Conflict of Interest 13. Default and Suspension 1 14. Enforcement 15. . Appeal j 16. ` Termination i 17. Prohibition on the Use of Debarred Contractors 18. Attorney Fees and Costs 19. Extensions 1 cchAW v Page 3 of 27 f I F t r ? - PART IL FEDERAL STATE AND LOCAL PROGRAM REQUIREMENTS - 1. Procurement Standards s 2. Environmental Review 3. Nondiscrimination 4. Property Management 5. Labor Standards 6. Acquisition and Relocation 7. Architectural Barriers 8. Nonparticipation in Political Activities 9. Nonsubstitution for Local Funding 10 Public Information . J~ 11. Applicability of Laws Under This Agreement 3- 12. Certification Regarding Lobbying 13. Certification Regarding Use of Excessive Force - C 14. Certification Regarding A Drug-free Workplace Part Ili. EVALUATION AND RECORD KEEPING f L Evaluation 2. Audits and Inspections 3. Records 4. Retention of Records _ ~ o-r l r a. ` ~ a area Page 4 of 27 a { r i. k< PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS OF THIS AGREEMENT A. Thin Anroumnnt shall consist of a le siyi aaturef page, the general and special ' conditions; the federal, state and local program requirements; the evaluation and record keeping requirements; each and every project exhibit incorporated in the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects. attached as exhibits to this Agreement. B. Depending upon the specific nature of the project, services or purposes for which Block Grant funds are being provided pursuant to this Agreement, certain terms and conditions contained herein may be made inapplicable by their express citation in Part IV, Special Conditions. Except as so expressly excluded, all terms and conditions contained herein have full application, force and effect. 2. SCOPE OF SERVICES A. The City shall perform and carry out in a satisfactory and proper manner the services set forth in Exhibit A attached hereto which specifies work to be performed. The Agreement may be amended from time to time in accordance with the general conditions for the purpose of amending the scope of work or for any other lawful purpose. B. Any conflict or dispute that may arise with regard to any aspect of CDBG activities for the project shall be resolved by the County's interpretation of the specifications contained in the original project proposal, the current Program Policies, and the County's Office of Community Development CDBG Procedures Manual Any such determination made by the County shall be . final. 3. COMMENCEMENT AND TERMINATION OF PROJECTS A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58.70, the County shall furnish the City with written notice to proceed. No work on the nroiect shall occur prior to the receipt of written notice to proceed from the County. J amr.Qe Page 6 of 27 I Ail p--: t I ds shall be obligated and expended within the Pf01eCt year N y.., _ I unless the County and the City agree to an amendment extending project activities beyond the Project Year. For the purposes of this Agreement, "Project Year" shall mean the period from July 1, 1996 through June 30, 1997 i C. Any property acquired or improved in whole or in part with CDBG funds shall be used to meei one c f th e national objectives set forth in 24 CFR 570.208 for a period of twenty (20) years or until June 30, 2016 unless otherwise modified in writing by the parties to this contract. 4. ADMINISTRATION A. The City shall appoint a liaison person who shall be responsible for overall administration of Block Grant funded project(s) and coordination with the County's Office of Community Development. The name of the liaison person shall be specified in writing and submitted to the County's Office of Community Development. The City shall also designate one or more representatives who shall be authorized by the City to sign the Voucher Request and any other forms which may be required. The names of these representatives shall be specified in Exhibit B. B. This Agreement is subject to and supplemental to the Agreement of Intergovernmental Cooperation entered into between the County and participating municipalities. i 5. OPERATING BUDGET A. The City shall expend the funds received from the County under this Agreement in accordance with the budget summary submitted by the City to, and approved by, the County.- Such budget summary is attached to this Agreement as Exhibit C. No line item expense in the approved budget shall 1 be changed without a budget revision approved by the County's Office of Community Development. The budget revision shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in another tine item. Budget revision(s) must be approved by OCD before any costs are incurred by the City. B. The difference between the approved budget amount on a budget line item and a lower bid or quote, in any line item, shall be reported to the County as surplus. The City may submit a budget revision requesting the use of any f such surplus. a Page 7 of 27 { r z Matching funds identified in Exhibit C shall mean all funds from non-CDBG sources, including in-kind contributions of staff and materials, other grant sources, charitable contributions, volunteer labor, donated materials and services, and similar items of value to the project. Matching funds shall be used for project purposes, and shall be included within the scope of Audits and Inspections conducted under Part III, Section 2 of this Agreement. D. No later than 90 days from the date the County approves the proposed list of activities, which includes this project, the City shall submit to the County's Office of Community Development, written evidence that substantiates the matching funds pledged by the City are available. The availability of pledged funds means all approvals, guarantees, or third party commitments from subrecipients or cosponsors, have been received and will enable the City to officially obligate those matching funds. In the event the City fails to submit i such evidence or the evidence is deemed by the County to be unacceptable, the County may exercise its termination options under Part I Section 14 of this agreement. 6. COMPENSATION A - j ND METHOD OF PAYMENT i f A. Subject to the availability of funds from HUD, the County shall reimburse the City for the services specified in Exhibit A. Reimbursement shall be requested by the City by submitting a Community Development Voucher Request (OCD Form 2) and a Program Accomplishments reporting form (OCD Form 3); the forms are to be signed by the City's authorized representatives in a manner prescribed by the County. i B. The County will make payment to the City within two (2) weeks or as soon as practicable after said invoice is received and approved by the Washington County Office of Community Development. 7. INTEREST IN PROPERTY A. Real Property - in accordance with HUD Regulation 24 CFR, 570.503(b)(8), j upon expiration of this agreement the City shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Real property under the City's control that was acquired or improved in whole or in part in excess of $25,000 will be used to (1) meet its original national objective for the time period specified in Part I Section 3.C of this j agreement; or (2) disposed of in a manner that results in reimbursement to the County in the amount equal to the current fair market value less any portions attributable to expenditure of non-CDBG funds for acquisition of, or improvement f to, the property. ~ amf3r96 Page 8 of 27 .-emu- I d v B. Personal Property - Any personal property on hand at the time of the expiration of the project year of this Agreement shall be disposed of in accordance with 24 CFR 65.32. C. Program Income (1) The City shall record the receipt and expenditure of program income as defined in 24 CFR 570.500(a) of the financial transactions of the project(s) funded under this Agreement. Program income shall be reported with each voucher request and substantially disbursed for the benefit of the project(s) funded by this Agreement in accordance with the principles of 24 i CFR 570.504 (b)(2)(i) and (ii). Program income which is not used to continue or benefit such project(s) shall revert back to the Block Grant Fund for reallocation by the County. (2) The City may retain program income provided it is used in accordance with regulations in 24 CFR 570.504, and pursuant to adopted local CDBG program policies. The County shall determine whether income is being - used to continue or benefit a project or projects authorized by this Agreement. s' (3) Program income on hand when the Agreement expires and received after the Agreements expiration must be used by the subrecipient to meet its i original national objective for the time period specified in Part I Section 3.C. of this Agreement. The County may transfer the program income to the City, upon its termination of urban county participation provided the City t has become an entitlement grantee and agrees to use the program income i in its own CDBG entitlement program. j j D. Appraisals, Promissory Note and Trust Deed (1) For any real property acquired, constructed or rehabilitated with CDBG; funds, the City shall provide the County with an appraisal of the property. f The appraisal shall be conducted by a certified appraiser whose services shall be paid for by the City. The purpose of such an appraisal is to: (a) conform to any federal real property acquisition requirements, and/or (b) to establish a baseline figure for the purpose of entering into a promissory note and trust deed as specified below. The appraisal shall be conducted within 45 days of notification to do so by the County. (2) City shall execute a Promissory Note and Trust Deed for any facility I constructed, acquired or rehabilitated with Community Development Block xr~,ru~s Page 9 of 27 i i ~ F i- i Grant funds. The Promissory Note and Trust deed shall be executed at - such time as required by the County. (3) City agrees to comply with aii agreements, covenants and restrictions contained in the Promissory.Note and Trust Deed, and all applicable - federal, state and local regulations during the terms of the Promissory Note and Trust Deed. 8. FUNDING ALTERNATIVES AND FUTURE SUPPORT A The County makes no commitment to future support and assumes no obligation '^r future support of the activitiec contracted for herai^ except as - expressly set forth in this Agreement. B. Should anticipated sources of revenue not become available to the County i ~ for use in the Community Development Program, the County shall immediately notify the City in writing, and the County will be released from all contracted liability for that portion of the Agreement covered by funds not ` received by the County. - 9. AMENDMENTS f~ This Agreement shall be modified by the parties only upon written amendment. T 10. ASSIGNMENT AND SUBCONTRACTING , i A The City shall not enter into any contracts under this Agreement without the G F written approval of the County. Such consent shall be requested 15 days prior to the date of proposed assignment. B. The County shall assume no liability for acts and omissions of contractors I r or subcontractors employed by the City. i 11. HOLD HARMLESS AND INDEMNIFICATION M _ The City agrees to defend, save, hold harmless and indemnify the County, its commissioners, employees and agents for any and all claims, damages losses , and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its own negligence, performance of or failure to perform the E ; t obligations of any agreement resulting from this Agreement. i conam Page 10 of 27 ~k r t r t E. { z 12. CONFLICT OF INTEREST A Interest of Officers, Employees, or Agents - No officer, employee, or agent of the Couniy or Ctty who exercises any functions or responsibilities in connection with the planning and carrying out of the Block Grant Program, or any other person who exercises any functions or responsibilities in connection with the Program, shall have any personal financial interest, direct or indirect, in this Agreement and the City shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Employees - The City agrees that it will i-nmprato infn ovary ci jhrrnntrart ranuir ri to he in writing and made pursuant to this Agreement the following provision: r~~a I l The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently l has no interest and shall not acquire any interest, direct or indirect, - which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in - the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the City or the County. l 13. DEFAULT AND SUSPENSION f ~ i ' A Each of the following events shall constitute a default on the part of the j City: (1) Material noncompliance with the terms of this contract, the Award, - any and all applicable state or federal laws and regulations; j l (2). Mismanagement or improper use of Award funds; - ' - I ; (3) Failure to obligate required funds or to provide work or services expressed by this Agreement; { (4) Failure to submit reports, supplying incomplete or inaccurate reports required by Part III herein. js Page 11 of 27 , A r D B. Each of the following events shall constitute a default on the part of the County: I _ (1) Material noncompliance with the terms of this contract, the Award, gift any and all applicable state and federal laws and regulations; (2) Failure to provide funding for services rendered as required by this contract and law.' 14. ENFORCEMENT i A in 'he event the City is found in default under the terms of this agreement the County may: (1) Withhold any or all of any pending or future payments until the default is cured; (2) Suspend all or part of this Contract or Award herein; (3) Prohibit the City from incurring additional obligations of funds until the County notifies the City in writing that the default is cured; (4) Disallow or deny both the use of funds and matching credit of the activity or action not in compliance; I VLT r (5) Take any and all other legal or equitable remedies available. B. Any costs attributed to the program which were lawfully incurred prior to any suspension or termination will be considered properly incurred. Any i costs attributed to the program during or after any suspension or termination are specifically not allowed without express written consent by ti the County.r 15. _ APPEAL I In the event the County takes an action to enforce the terms of this Contract, the Award or to enforce compliance with applicable state and federal law, the City may appeal such action in the manner provided in this section as follows: (1) The County shall provide the City with written notice of the default and the¢¢ VI-1 J right to cure, if any; 6 tCtr1(.fRJ6 C Page 12 of 27 r (2) The City may pursue an informal appeal by contacting the Manager of the Office of Community Development. (3) The City (nay appeal the informal decision of the Manager by submitting a written objection of the enforcement action directly to the Community Development Policy Advisory Board (PAB). (a) The PAB may consider oral argument, written testimony and any other such evidence it considers relevant to a determination. (b) The PAB shall consider all information and reach a determination based upon the record submitted and prepare a written finding. (c) (ire City shaii have the opportunity to provide oral testimony if a hearing is conducted. If a formal hearing is not held the City shall have the opportunity to submit written objections, arguments and other material relevant to its position. 0 I ~ f f (d) The findings of the PAB are final and no further appeal is allowed. _ 16. TERMINATION A. This contract shall terminate upon any of the following events: (1) Termination following default as defined previously; I (2) The failure by the County to provide funding for services rendered as required by this Agreement; i (3) The unavailability of Block Grant funds from either the federal government or through the County. - t B. This Agreement will terminate upon thirty days written notice by the County in the event funding is no longer available. C. Upon termination of this Agreement, any unexpended balance of Agreement i 4 funds shall remain with the County. The regulations relating to [ reimbursement of Block Grant funds shall be applicable to the City for i _ - expended funds. D. The City shall reimburse the County for any and all funds expended in violation of the terms of this Agreement, state or federal law. amr~e ~ F u S -y } Page 13 of 27 II p F ' J, 4 17. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the cervices of, or fund any contractor or subrecioient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. The City shall not make any award at any tier to any party which is debarred, suspended or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 18. ATTORNEY FEES AND COSTS i This Agreement shall be governed by the laws of the State of Oregon and federal law. i Any action or suit commenced in connection with this Agreement shall be in the Circuit Court of Washington County. The prevailing parry, eRher In. Circuit Court or an appeal, _ shall be entitled to reasonable attorney fees and costs and disbursements as awarded by the Court. 19. EXTENSIONS _ f r If in the determination of the Office of Community Development (OCD) a time extension r is necessary or appropriate, an extension of the term of agreement for an additional period may be granted to the City by the County's Office of Community Development ` provided the City requests such an extension, in writing, at least two (2) weeks prior to the last expiration date contained in this Agreement. Additional extension(s) may be granted by the OCD Program Manager in case of extenuating circumstances. _ rr 7 f i_ «mcvae f .w Page 14 of 27 f E t M 1 _j r; Yr 4 'c ~p}T3p3~3' ' r ~ ~ . l I y i j i PART 9. FEDERAL. STATE AND LOCAL PROGRAM REQUIREMENTS 1. PROCUREMENT STANDARDS A. In awarding contracts pursuant to this Agreement, the City shall comply with f all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the City shall comply with the requirements of the 24 CFR Part 85.36 and Part 85.37, relating to bonding, insurance and procurement standards; and with Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination bid conditions for projects over $25,000. D. es of a!! contracts. agreements plans, 111v VIIY ayleOJ to submit i copies ' specifications and change orders related to the project to the County's Office t j of Community Development in a timely manner. No plan specification or change order shall be used or implemented if it increases the total project i cost without approval from the Office of Community Development. _ C. The City shalt make available to each contractor bidding on any activity l under this Agreement a listing of minority business enterprises (MBEs). 1 f 2. ENVIRONMENTAL REVIEW ~ A. The County retains environmental review responsibility for purposes of k fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58). The County shall require the City to furnish data, information and assistance for the County's review and assessment in fulfillment of the County's responsibilities under 24 CFR, Part 58. B. The City shall not proceed with the acquisition of real property or any construction activities under this Agreement until satisfaction of all k applicable requirements of the National Environmental Policy Act. i C. Other Environmental Compliance Requirements: (1) Historic Preservation. The City shall meet the historic preservation requirements of the National Historic Preservation Act of 1966 (Public Law 89-665) and the Archeological and Historic Preservation Act of 1974 (Public Law 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR Part cckw3 s 'j Page 15 of 27 .j ;i i I~ fi.. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review j Procedures at 24 CFR Part 58. (2) National Flood Insurance. The City shall not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood f hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) and 202 (a) of the Flood Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the regulations thereunder (44 CFR Chapter 1, Subchapter 8, and 24 E CFR, Section 570.605. ! i (3) Air and Water Pollution. The City shall comply with the provisions of - the Clean Air Act, as amended (42 USC Section [1857] 7401 et sea.) 1 and the regulations issued thereunder (40 CFR Part 15) and the Water Pollution Act, 33 U.S.C. 1251 et. seq. - j i (4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City shall comply with the HUD Lead-Based Paint Regulations (24 CFR i Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC Sections 4831 at seg.) requiring prohibition of the use of lead-based paint whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or E modernization; elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards in residential r structures; and notification of the hazards of lead-based paint F poisoning to purchasers and tenants of residential structures constructed prior to 1978. 3. NONDISCRIMINATION A General, The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, familial status, race, creed, color, national origin, or disability. These requirements are specified in Section 109 of the 4 Housing and Community Development Act of 1974 "as amended"; Civil Rights Act of 1964, Title V1(42,USC 2000d et seq.); Civil Rights Act of 1968, Title Vill (42 USC 3601 et seq.); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11246 and the regulations issued pursuant thereto (41 i CFR Chapter 60); Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 u); and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans 4sth Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination «n,w3se Page 16 of 27 i f i ! Act of 1975 (42 USC 6101 et seq.). Specifically, the City is prohibited from taking any discriminatory actions defined in the HUD regulations at 24 CFR 570.602(b)(1)-(3) and shall take such affirmative and corrective actions as required j ! by the regulations at CFR 570.602(b)(4). These requirements are summarized in I the following paragraphs: (1) Program Benefit. The City shall not discriminate against any resident of the project service area by denying benefit from or participation in any Block Grant funded activity on the basis of race, color, sex, national origin, ? disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil 1 Rights Act of 1968, Title Vlll; Section 109, Housing and Community Development Act of 1974; Age Discrimination Act 1975; Americans With Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of 1973.) (2) Fair Housing. The City shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the Federal Government. (Civil + Rights Act of 1968, Title VIII, as amended; Executive Order 11063, as amended by Executive Order 12259.) (3) Employment. (a) In all solicitations under this Agreement the City shall state that all qualified applicants will be considered for employment. The words, "Equal Opportunity Employer" in all advertisements shall constitute R compliance with this Section. (b) The City shall not discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, familial status, disability, race, creed, color or national origin, except when there is a bona fide occupational limitation.' The City shall not refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote, or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of f pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended; and Section 504 of the - E xrnf398 ' i Page 17 of 27 ! l r i Rehabilitation Act of 1973; Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975.) I (c) This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the funding approval. (4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall I conduct a self-evaluation and take corrective action to ensure reasonable accommodation in programs and services to persons with disabilities. The City shall provide County with a completed self- evaluation checklist, in the - form set fo wh in County's CD-1G Procedures Manual. ~ i (5) Contractors and Suppliers t i (a) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, familial status, race, I creed, color, or national origin. No contractor, subcontractor, union or ✓ vendor engaged in any activity under this Agreement shall refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended; and Section 504 j of the Rehabilitation Act of 1973; and the Age Discrimination Act of 1975.) i (b) To the greatest extent feasible, the City shall purchase supplies and services for activities under this Agreement from vendors and i contractors whose businesses are located in the area served by the Block Grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act I} of 1968, as amended.) B. In the event of noncompliance by the City with any nondiscrimination provisions of III this Agreement, the County shall have the right in whole or in part to cancel this Agreement in accordance with Part 1, Section 14. f Page 18 of 27 i 0 4. PROPERTY MANAGEMENT j Ttig City. ~~.r, as a suograntee, agrees that any property, equipment, or supplies purchased t wholly or in part with program funds shall be managed under the same guidelines applicable to the County, pursuant to 24 CFR Part 85. 5. LABOR STANDARDS A. The City shall require that project construction and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5), and that they comply with v ' the Copeland ' Anti-Kickback" ct as comply • I ~ amended (40 U.S.C. 276(c) arid the e Contract M; Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by less than eight units, or to rehabilitation of rental property consisting of less than twelve units. B. A copy of the current Davis-Bacon wages must be included in all construction bid _ specifications and/or contracts over $2,000. ~6. ACQUISITION AND RELOCATION I J A. Any acquisition of real property by a unit of government for any activity assisted ,F under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amended as Title IV of the C Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter r referred to as the Uniform Relocation Act) (42 USC 4601 et se E• q.) and the r Regulations at 24 CFR Part 42 as amended effective April 2, 1987. e.° B. Any displacement' of persons business, nonprofit organizations or farms as a result , i of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the regulations at 24 CFR Part 42. The City shall comply y' with the regulations pertaining to costs of relocation at 24 CFR Section 570.600 and the Washington County CDBG Program Policies. 7. ARCHITECTURAL BARRIERS Any facility constructed or altered pursuant to this Agreement shall comply with design requirements of the Uniform Federal Accessibility Standards (UFAS). i 8. NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15), Page 19 of 27 F` f,' a r W a. _ w ...c m. In -J l l 0 9. NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 10. PUBLIC INFORMATION A. All written materials (report- brochures, promotional or informational items), news releases, and other public notices produced by or for the City shall acknowledge the source of funding as being derived from the Department of Housing and Urban Development and provided through the Washington County Community Development Block Grant Program. B. For all construction projects exceeding $50,000, the City shall erect a durable and adequately visible sign at the construction site, identifying the source of funds. Any signage placed on a sponsored sight shall conform to the specifications detailed in the County's Office of Community Development Procedures Manual 071 11. APPLICABILITY OF LAWS UNDER THIS AGREEMENT To the extent applicable to the City's acceptance and use of funds under this Agreement, the City shall comply with the policies, guidelines and Uniform Administrative Requirements of OMB Circulars A-87, A-128, (implemented at 24 CFR, Part 44), and 24 CFR, Part 85 (implemented at 24 CFR, Part 570.502). ! 12. CERTIFICATION REGARDING LOBBYING The City certifies, by affixing its authorized signature(s) to this agreement that, to the best of the City's knowledge and belief: A No Federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the entering into this cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or f employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this i ecmrs'ss Page 20 of 27 I E a8t cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (Available through the Office of Community Development.) C. The City shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agr=~~~~ a----ncts su!+re^i^i^_, ~j and that all a~ ~ ,nail certify and disclose accordingly. 13. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE The City in accordance with Section 519 of Public Law 101-144,1990 HUD Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that the City will not use excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 14. CERTIFICATION REGARDING A DRUG-FREE WORKPLACE A. The City certifies, by affixing its authorized signature(s) to this agreement that as a condition of receiving Community Development Block Grant funding, the City ! will provide a drug free workplace for its employees and ensure: i (1) The City shall establish or have in effect policies and procedures that prohibit the manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace, and specify what actions will be taken against employees for violation of such prohibitions. (2) Policies and procedures established by the City shall provide for the establishment of a drug-free awareness program, and require that each of the City's employees be given a copy of the City's policy regarding the drug-free workplace. (3) The City shall also require its employees, as a condition of employment, to ! abide by the terms of the City's policy, and that the employees will notify the City of any criminal drug statute conviction fora violation no later than five (5) days after such conviction, and that the City will notify the County's Office of Community Development within ten (10) days after receiving notice, or otherwise receiving actual notice of such conviction. (4) The City agrees that it will take appropriate personnel actions, within thirty (30) days of receiving notice with respect to any employee who is convicted, up to and including termination; or requiring employee(s) to participate in a drug abuse or rehabilitation program. [ ftw3M Page 21 of 27 1 ~ B. Failure to make a good faith effort to maintain a drug free workplace through the implementation of this section shall constitute a breach to this agreement and will 111 j result in termination of this agreement in accordance with Part I, Section 16. s =3 z i r T ti yc t it Y Y j 1 i 1 (f ~ u Page 22 of 27 f F ~ 6 PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION The City agrees to participate with the County in any evaluation project or ~ performance report, as designed by the County or the appropriate federal agency, + and to make available all information required by any such evaluation process. 2. AUDITS AND INSPECTIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the County, federal or state officials so authorized by law during the performance of this Agreement and during the period of records retention specified in this Part III at paragraph 4. ~.r~ wad B. The City shall be responsible for meeting the audit requirements established in the U.S. Office of Management and Budget Circular A-128 and 24 CFR, Part 44. A copy of the project or program audit shall be made available to - i _ the County's Office of Community Development for review and acknowledgment no later than 60 days after completion of the audit. 3. RECORDS i In the event the City sponsors multiple projects, each project shall be maintained ` > r J under a separate file system and kept in a manner recommended by the County. t r -71 As required by HUD regulations, the City shall compile and maintain records as indicated: A. Financial Management - Such records shall identify adequately the source ! and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR Part 85.20. These records shall contain information j - j pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. , B. Citizen Participation - Narrative and other documentation describing the , process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded Block Grant projects. C. Relocation - City recordkeeping must comply with the Uniform Act implementing regulations at 24 CFR Part 42. Indication of the overall status of the relocation workload and separate relocation record for each person, business, CChW3W - Page 23 of 27 I ~ 1 1 - Lill' = Aft DO W, org anization, and farm operation displaced or in the relocation workload must ba kepL D. Real Property Acquisition - If the City acquires real property by exercising ~ q 3 its power of eminent domain, City acquisition files must contain the following records: (1) Identification of property and property owners. ~ y ' (2) Official Determination to Acquire - A citation of the action that constitutes 4 the official determination to acquire, the date of the action, and the IJ applicable CDBG project number. j f { (3) Notice of Intent to Acquire the Property -A copy of the notice (including At? . owner's rights), citation of the date of transmittal to owner and evidence of , receipt by the owner. If tenants are involved, then a general notice must also be issued to all affected tenants. (4) Preliminary Acquisition Notice - A citation of the date of transmittal to the - ~ s J owner and evidence of receipt by owner. a ' y (5) Invitation to Accompany Appraiser -Evidence that owner was invited to i i accompany each appraiser on his inspection of the property. (6) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of just compensation was based. f (7) Determination of Just Compensation - A copy of the resolution; t ce uuc:auon, motion or other document constituting the determination of just j compensation. (8) ` Purchase Offer - A copy of written purchase offer of just compensation , including all basic terms and conditions of such offer and a citatio of the ' , n date of delivery to the owner. This date is the initiation of negotiations and triggers the relocation requirement of making a "Notice of Displacement". { i 1 F (9) Statement of the Basis for the Determination of Just Compensation- A r copy of the statement and an indication that it was delivered to the owner 4 with written purchase offer. 1 (10) Purchase Agreement, copy of recorded Deed, Declaration of Taking Title , Report, Title exceptions - A copy of each such document and any similar or related document utilized in conveyance. J xmr3M 4 Page 24 of 27 t i . r t ' ~ 1 ! 4 _~iK.~i - rr.~s'" F~ '1'."° ~-wJJ.n~ ...~1 `~'~•_~1...:~ ~^11 - u._ ~ ....~T .y_+C rT-_ ..c .th ~J fl i i (11) Settlement Cost Reporting Statement -A signed copy of the statement. (12) Purchase of Price Receipt -Evidence of owner receipt of purchase price payment. (13) Copy of any appeal or complaint and City response. i E. Equal Opportunity - The City will maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The City shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor j standards made applicable by 24 CFR Part 570.605. - G. Miscellaneous Records - The City shall maintain such other records as may be required by the County and/or HUD. ~4. RETENTION OF RECORDS As required in 24 CFR 85.42, required records shall be retained for a period of three (3) years following the date of the submission of the final grantee performance report in which the activity is covered, except as follows: A Records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. B. Records for Real Property and Equipment shall be retained for three years after i its final disposition. The retention period starts from the date of disposition, replacement, or transfer at the direction of the County. Equipment is defined in 24 CFR Part 85.32 and real property is defined in 24 CFR Part 570.505. C. Records for any displaced person shall be retained for three years after such person has received final payment. i Page 25 of 27 f i i 1 1 - PART IV I - . SPECIAL CONDITIONS I 1. The City shall execute this agreement no later than 30 days following the date of j the County's letter of transmittal. 2. Fifteen days prior to soliciting bids the City shall make available to the County's Office of Community Development, in writing, a schedule of proposed activities to include at least: the date of bid solicitation; date of bid opening or final date of phone solicitations, as applicable; anticipated award date; and date of anticipated construction. In addition, the City will provide a construction cost estimate. 3. 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'r~,••r. ng = ~ ;",~;-*w P• s ~ , =fir , •'a„_M , .P -na* 5, ,'•-f.4 `s'' e ~ `~`-P+' x 'fir, a A': .g"', •~,,,f v,•+i.rr, z . +e ,;x,. ' "z+ ' .~`r.~= ~^M' - M p". HE '"w"n 14r,~ qq,, A. . R1 "Ja .,,,•t l.: ".t='~ ,.'c , ' ~',,'u. ~u~P Y':,' .fr~w . 'e~wv s~ ~ i:~' 'mst w Ci ~'dY,l •.+~'2.sr.a : ,.,.s..`" „zk .~.,5 , {t ~ 6<. .r~§ 4 s„ . - 5 tk€ :h-...•~ r+, 'tp ,c ?AY'' rC a~` fa ,fi=x,. ~fi' +2:,, .7,~ "r.': .k"~', ';aa'.,,., -g2 "•F' ...,,.%,~',•a•; b., , ,.,~7eE:._'.,..~«,~s~nS,:z 4r„s r:,€ ~'~ir~•. M~.].-;..M r, ...i..i ..,t..,. -.,.,5.~..4a<#:x~•~.~",'lyxa.>m ,4,W .r7,.~ry,riy2~.v,~„7{i„~'n~i.~r'u ~^-r. ^..,.>A.§,.dM .e,2,.,,.5~''e+~,.*.wr,~e„a`E,.i:~'e`.'4:.->rCtx'..~:. i.C.""xst~,°. ,~-x~...~zr`~ai7wi 4~~x.~,°a,i~,sn.,-~~~^a,,.e4?:,..~vV,:Y4.:v.'~.:C'~.ea~«It~.o,_.. _ PROJECT DESCRIPTION, SCOPE OF ACTIVITIES, r . i AND ANTICIPATED ACCOMPLISHMENTS loiect Number and Title: I j I I . CDBG Project #8232, Tigard Senior Center, Exterior improvements I - - 90 II. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or Other Target Group Beneficiaries. r , A. Nature and Purpose of the Project: t Eliminate uneven and potentially hazardous gravel rock surface along two driveways and a parking area, and create raised flower beds and vegetable _ gardens to be tended by elderly and disabled persons. B. Proposed Location or Impact Area(s): u Tigard Senior Center r ' 8815 S.W. O'Mara Tigard, OR 97223 g r ~ r C. Durationffiming of the Project: ~ July 1, 1996 and June 30, 1997 I D. Number of Low and Moderate Income or Target Group Beneficiaries: ' 2,100 low and moderate income elderly beneficiaries , - E. Component Activities (CDBG vs Others): CDBG = $17,645 City = $4,690 I EXHIBIT A p t' F ; I r ; ,T~. Project Name Applicant's Name Address City, State, Zip Telephone Number Project No. Project Year 1996 (funded) AUTHORIZATION SIGNATURE CARD Tigard Senior Center Extension Tmnrovement_w Duane Roberts 13125 SW Hall Blvd. Tigard, OR 97223 639-4171 SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: Any TWO signatures required to sign any financial document f` NAME (Typed) SIGNATURE Wayne Lowry William Monahan l i James Hendryx 4 Greg Berry J") &4A1, E i Duane Roberts I i I certify that the signatures above are of the individuals authorized to execute financial documents. i X/2 S- Z IF Date Signature of Authorized Official Ci I`~~ryr,rr is >aA7<o2 ~ `J Title f Authorized Official OCD X-C, 3/85 (rev.) 30 EXHIBIT B 4 { Project 'No. 8232 ; . Project Year (funded) 1996 e~ BUDGET SUMMARY Community Development Block Grant Project Title Tigard Senior Center Exterior. Irmrovements Legal Name of Entity _City of Tigard Address 13125 SW Hall Blvd. City Tigard State OR Zip 97223 3 1. BUDGET LINE ITEMS: A. PERSONNEL SERVICES: - 1. No. of Em o ees 2. Job Title 3. Total Salary 4. Portion Chargeable to Community Develop- e Black Grant 1 City Planner 200 -0- City Engineer 600 -0- City Inspector 600 -0- 5. Subtotal 1400 -0- 6. Extra Help/Overtime 7. in a Benefits 8. TOTAL PERSONNEL COSTS 1400 --0- MATERIALS & SERVICES: Materials & Services Portion Chargeable to Community Development Block Grant 9. ' Office Su ies 50 -0- 10. Operating Su lies - - 1. Communications 12. Travel and Training 3. e a & Public Notices 150 -0- . o esssional services -0- -0- 5. Construction Contracts 20,735 17.645 6_ Other: Specify 17. TOTAL MATERIALS & SERVICES 22,335 17,645 MIT- _a C. ` CA -PIT AL OUT LAY: Portion Chargeable To + 18. Capital outlay: Total Community Development 1 uantit item Capital Outlay Black Grant 9. Real Property c s'tion: -0- _ 20. TOTAL CAPITAL OUTLAY 21. Total j 22. Total Housing & Pro ect Cost Comm.Deve ooment ward r t ._0_ II. SOURCES O O CT D NG j ,r y 1. Federal 17,645 I 2. State -O- I 3. Local Cash 3,290 County -0- w x j In-Kind Service & SuMolv 1,400 6. Other (detail) -0- u~ _ k~L, I 7. Subtotal 22,335 8. Housing & _Comm. bev. 17,645 , 9. TOTAL PROJECT COS 22,335 III. AUTHORIZATION Date Authoriz Signature for Project ¢,Z Date Auth ized gnature for Project - - - - - - - - - - - - - - - - - - - - - - - - - - - COUNTY USE ONLY y . Reviewed and approved by Washington County Office of Community Development an . 19 by Signature j (OCD Form 1-A, 2/88 rev, p.2) 35 k•~ E CCC 1 y u _ AGENDA ITEM # 3"l For Agenda of June 18. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorization for acquisition of easements for Three Mountain Estates Subdivision PREPARED BY: Greg Berrv DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE.. THE. COUNCIL Acquisition of a sanitary sewer easement serving the Three Mountain Estates Subdivision, t STAFF RECOMMENDATION I Adopt the attached Resolution. INFORMATION SUMMARY As a result of the bankruptcy of the developer of Three Mountain Estates Subdivision and its surety, the City did not receive an easement for a sewer line serving the subdivision where is crosses a parcel immediately north of the subdivision. The easement requested here is as shown on the approved construction plans for the subdivision and is required for City access to and maintenance of the sewer. Approval of the attached Resolution would authorize acquisition of the required easement. OTHER ALTERNATIVES CONSIDERED I . Adopt the attached Resolution authorizing acquisition of the easements. 2. Withhold authorization. FISCAL NOTES L.- 371 AGENDA ITEM # 36 A. For Agenda of June 25. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Construction Management services for the Construction of the 130th Avenue/Winterlake Bridge PREPARED BY: GAll'son --DEPT HEAD OK CITY ADMIN OK ISSUE BEFO F TH O JN t[ Approval of modification of the existing contract for Engineering design services to include Construction Management Services. STAFF RECOMMENDATION Approve the Contract modification and authorize the City Administrator to sign the modification to the existing Purchase Order i INFORMATION CiJMMARY ^On September 27, 1994 Council approved the contract with OBEC Consulting Engineer's for engineering design and construction management services for the 130th Avenue/Winterlake bridge. The current budget was adequate "Jonly for the design, environmental review and neighborhood meetings. Their fee for construction management is $62,000. The Council summary sheet indicated that contract modifications would be necessary when the design is complete and projects are ready for construction. Design of the project has been completed and the bid for construction awarded to the contractor on June 1 I th. t _ - 1 I j AGENDA ITEM 1 i For Agenda of June 25. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Construction Management cervices for the Reconstruction of the Grant and Tiedeman Bridges PREPARED BY: G Alfson 6-!`i DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Approval of modification of the existing contract for Engineering design services to include Construction Management Services. STAFF RECOMMENDATION I 1 Approve the Contract modification and authorize the City Administrator to sign the modification to the existing Purchase Order INFORMATION SUMMARY i On September 27, 1994 Council approved the contract with OBEC Consulting Engineer's for engineering design _ services to design the Grant Avenue and Tiedeman Avenue bridges. The bridges are being reconstructed as part of the HBRR program. The cost of the bridges reconstruction is funded 80% by the Federal Government, 10%o by the State and 10% by the City. Their fee for construction management is $114,022. The Council summary sheet C indicated that contract modifications would be necessary when the design is complete and projects are ready for l construction. Design of the projects has been completed and they are currently scheduled for bid opening on June 27th. OTHER ALTERNATIVES CONSIDERED t t FISCAL NOTES The Capital Improvement Program budget includes the City's share of the cost of design and construction. i i i t AGENDA ITEM 5 C • ' For Agenda of June 25. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A rd contract construction of 130th Avenue vY'^ n PREPARED BY: Garv Alfson 411~__DEPT HEAD OK CITY ADMIN OK 1 ISSUE BEFORE THE COUNCIL 4 Award contract for construction of the 130th Avenue improvements and authorize the City Administrator to sign the contract. STAFF RFC OMMFNDATION a~ Award the contract to the low bidder, Parker NW Paving. INFORMATION SUMMARY On June I Ith, 3 bids were opened for the 130th Avenue improvements. This project includes construction of a full !"-width, minor collector street, except for sidewalks on the west side of the road, from Hawks Beard Street to Scholls r a Ferry Road The project also includes modifications to the signal at Scholls Ferry Road, construction of traffic islands on Hawks Beard, 130th and Eschman, and the installation of street trees along 130th Avenue. Sidewalks will be constructed on the east side as a condition of negotiations for acquisition of right of way with the church. The low bid exceeded the engineer's estimate by approximately $10,000 for the Islands, $20,000 for the traffic f. signal modifications, $9,000 for the water line installation and $8,000 for the storm and sanitary sewer work, for a F r total of $47,000, Due to the nature of this project and the construction of the 130th/Winterlake bridge I recommend we proceed with the project. The bids are as follows: Parker NW, Oregon City, OR $337,148.55 NW Earthmovers, Tualatin, OR $343,829.00 jj Kerr & Assoc, Tualatin, OR $403,240.50 t r 1 The Engineer's estimate was $290,000. r, OTHER ALTERNATIVES CONSIDERED t FISCAL NOTES Funding for this project is designated in the 1995/96 Capital Improvement Program from Traffic Impact Fees. The ; cost of construction and right of way acquisition has exceeded the budgeted amount of $300,000 by $50,000.1 = s t ---)recommend this amount be deducted from the $507,000 Traffic Impact Fee reserve amount shown in the 1996/97 Capital Improvement Program. r.; t`F`.'CfM~I36Audss t I 1 14 [ t 1., F s - at t AGENDA ITEM # /Q5 /q For Agenda of 10 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approve Washington County Cooperative Library Service (WCCLS) Inter- Governmental Agreement for Washington County Inter-Library Information (WILI) Agreement " PREPARED BY: C. Wheatley DEPT HEAD OK CITY ADMIN OK 'A /b' ISSUE BEFORE THE COUNCIL Should the City renew its agreement with Washington County to participate in the integrated, automated library - svstem known as WILL y STAFF RECOMMENDATION Approve the Agreement as written. I INFORMATION SUMMARY i Attached is a co of the Washington County Inter-Library Information WILI Agreement which was negotiated through the Cooperative Library Advisory Board (CLAB). Ki OTHER ALTERNATIVE CONSIDERED I ' FISCAL NOTES Agreement is for member jurisdictions to comply with policies and guidelines for use of the WILI system; no fiscal impact. •rny,.~won mn I k Washington County I ; Coopehatwe ltbgahy qeAweg MEMORANDUM TO: Ed Ohlmann, Banks _ Rob Drake, Beaverton Sherry Kam, Cedar ;fill John Greiner, Cornelius Ivan Burnett, Forest Grove Carl Dyess, Garden Home Tim Erwert, Hillsboro _ Jon Bormet, Sherwood ✓Bill Monahan, Tigard 1 Steve Wheeler, Tualatin FROM: Peggy Forcier, Cooperative Library Services Manager 1Ct~ I RE: Washington County Inter-Library Information (WILD Agreement DATE: June 5, 1996 Enclosed are three copies of the Washington County Inter-Library Information (WILI) Agreement which was negotiated via the Cooperative Library Advisory Board and includes all the changes from the previous three-year contract agreed to by that group. Please initiate the contract review for these documents in your city or association i and, assuming you are in agreement, return all three signed copies to me at your ' z LL earliest convenience. E. 1. When I receive copies from you I will start the Agreement through the County's contract review process and will schedule them to be considered for approval by the Board' of Commissioners.' If you have any questions about the Agreements or the process, feel free to contact f me. r . h1aiF PO Boy ho, OR 9/006 • Location: 17860 SW Blanton St., Aloha, OR Y (503) 641.- .:.t FOK 591-0445, TDD# 642-2724 F~ jF ~t; c. <<~ v r (f Yom. r,,.o i I'Zj , J i ~ (~a C G L S - ~-.a t Washington County Inter-Library Information (WILI) Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS" and the Cities of Banks, , Besvs .on, Cuuteiius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Cedar Mill Community Library Association, Garden Home Community Library Association, Tuality Healthcare and Oregon College of Art and Craft, hereinafter referred to as "WILI Users". WHEREAS, the parties hereto are currently participants in the WCCLS Network; WHEREAS, the parties are either units of local government empowered by ORS 190.010 i to enter into an intergovernmental agreement; or are private non-prof it agencies operating libraries, and gg • F . 3: j WHEREAS, WCCLS has purchased and installed an automated integrated library system and is desirous of making this system available for use by libraries in Washington County; ' NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS x~ r } fir, The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A. WC LS (Washington County Cooperative Library Services) - An agency of f- county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Nebr;,rk - The consortium of public, academic, special and school i libraries in Washington County which exists to provide county-wide library service. C. Professional Advisory Boar d- The executive body of the WCCLS Network, advisory to the Cooperative Library Advisory Board and the WCCLS Manager. D W II.I (Washington County Inter-Library Information) - An integrated, automated ~ library system including but not limited to on-line circulation g access catalog, public acquisitions and cataloging software other databases central site hardware and i telecommum canons equipment. { r E. WILI User Groum -A committee of the WCCLS Network which advises WCCLS ` on the operation of the automated library system as defined in the WILI User Group by- r Agreement -page 1 W111 E a i f ' i laws dated January 1991 and updated. The Committee is composed of one representative from each WILI User. F. Public Library Services Agreement - The contract between Washington County and library service providers to provide services to all county residents, which c ;n mires a - - 6rcal-ou,cimbursement formula under which WCCLS makes payments to public libraries. ~ a G. Cooperative Library Advisory Board - The board appointed by the Washington County Board of Commissioners to develop, review and recommend library service policies, representing Public Library Services Agreement contractors and the county-at- v «r w - large. _ 2. TERM OF AGREEMENT This agreement shall be in effect from execution by both parties through June 30, 1999. 3. OWNERSHIP AND MANAGEMENT OF WILI zr A. The Washington County Board of Commissioners, as the governing body of - WCCLS, retains final authority for decision-making related to WILL and its operation. x } zt B. WCCLS shall have full ownership of all system hardware, software, central site j peripherals, and communications equipment and shall make the system available to the s j WILI User according to EXHIBIT B "Equipment Schedule". All central site system upgrades will remain the property of WCCLS. C. EXHIBIT B "Equipment Schedule" lists peripheral equipment owned by User and currently connected to the system and maintained by WCCLS. Connection of any r additional peripheral equipment must be approved by WCCLS. EXHIBIT B will be _ updated annually. " D. WILI User's collection database, borrower records and circulation records shall be y considered the property of that User. However,' borrower and circulation records are deemed to be exempt from public disclosure as described in Section 9. CONFIDENTIALITY OF DATA of this Agreement On termination of this Agreement by either party these files shall be provided to the WILI User by WCCLS in machine-readable form ata reasonable cost. t- _ a 4. SERVICE AVAILABILITY A. WILI shall be available for use by WILL Users twenty-four (24) hours a day except for weekly routine maintenance and when maintenance or software upgrades /changes make the system unavailable. WCCLS staff shall be available to service WILI and support member libraries 8.00 am - 9:00 pm; Monday; Thursday, 8:00 am - 5:30 pm Friday, 8:00 am - 6:00 pm Saturday, and 11:45 am - 5:45 pm Sunday. WCCLS, through WIIdAgremnent -page2 r --;'-nom - . ? - - I' I its contracts for hardware and software maintenance, shall maintain the equipment to provide for minimal downtime excluding communications lines. No liability shall be assumed by WCCLS, however, if WILI experiences downtime. I B. The parties recognize that on occasion it may be necessary to temporarily suspend WILI availability because of operational or maintenance requirements. WCCLS agrees to provide WILI Users with prior notice of WILI unavailability except for unavoidable downtime due to WILI failure, if it will affect library operations and/or business hours, and further agrees to make every effort to schedule maintenance when libraries are not open. Such temporary suspension of WILI availability shall not be deemed an unreasonable prevention or postponement of System use by WILI Users. 5. CONTINUITY OF SERVICE A. Communication Links - The WILI Users recognize that WCCLS does not control, therefore cannot warrant, the telecommunication links used to communicate from a remote site to the central computer. B. Interruptions of Service or Loss of Data - WCCLS will duplicate at least weekly, all data maintained in the W LI database and store such duplicate tapes in a location physically apart from the site of the central system. Furthermore, WCCLS will maintain a tape transaction log so that circulation transactions can be reconstructed if a system J malfunction occurs that requires restoring or rebuilding the databases, in whole or in part, from backup tapes. j 6. DUTIES AND RESPONSMILITIES OF WCCLS With the advice of the WII,I User Group, WCCLS shall: i A. Provide or contract for the provision of hardware maintenance service on behalf of the MnLl User for all remote site equipment purchased by or through WCCLS including terminals, printers, light pens, telxon units, laser readers, communications equipment and other necessary equipment as well as central site equipment. i 1 B. Provide or contract for the provision of central site software maintenance. C. Manage WILI pursuant to the terms and conditions of this Agreement. k D. Regularly review the operations of the system, evaluate system performance, and develop plans for modifications, upgrades and new services. E. Purchase all central system hardware and software, house such equipment in a suitable environment and maintain said equipment in good operating condition. { F. Purchase and maintain all communications equipment, both central site and i remote sites, in good operating condition. WILI Agreement -page 3 ;s G. Administer contracts with all service vendors relating to WILL H. Provide reports to WILI Users on the status and performance of WILL 1. Enforce rules and regulations adopted by the WILL User Group and the WCCLS Network to coordinate orderly use of the system. J. Coordinate purchases of WILI User peripheral equipment. K. Purchase central site services and supplies and utilities connecting Users to WILI, and barcodes and patron cards to be used by WILI Users. L. Employ personnel needed to maintain and operate the central site utility. i M. Maintain equipment listed in EXHIBIT B "Equipment Schedule". Equipment not purchased centrally through WCCLS will not be maintained by WCCLS or included in EXHIBIT B. N. Provide specifications to Users for installation of peripheral equipment. 7. DUTIES AND RESPONSIBILITIES OF WILI USERS The User shall: A. Participate in the use and operations of WILI under the terms and conditions of this contract and the rules and regulations adopted by the WCCLS Network and the WILI Users Group. B. Provide written authorization for WCCLS to purchase peripheral equipment on their behalf. Purchase and installation of equipment shall be paid for and owned by WrLI Users. j C. Obtain permission from WCCLS before attaching any peripheral equipment not purchased through WCCLS to the system to ensure compatibility and follow WCCLS guidelines for installing such equipment. WILI Users may add terminals or use ports not to exceed those specified in EXHIBIT C "Port Allocation". D. Input and delete all User's collection data, borrower and circulation information, and other non-bibliographic data into WILI according to the WILI User Group Policies and Procedures. { E. Comply with the WILI User Group by-laws. F. Keep records and statistics when required by WCCLS to document system performance. E. i WILIAgreement -page 4 ` I I' r i 0 .7 G. Lend library materials subject to interlibrary loan procedures and policies of the WCCLS Network. H. Be responsible for protecting equipment in User's Library from abuse, theft or misuse, and assume financial responsibility for repairing or replacing equipment damaged by such acts. 1. Be responsible for system security by limiting access to non-public accounts to trained, authorized staff. J. Pay costs incurred by WCCLS for non-standard reports as defined by the WILI User and WCCLS. K. Provide site preparation, access and space as determined by WCCLS for all on site equipment, including without limitation, furniture, data cabling from WILI communications equipment to terminals, and AC wiring. L. Have a minimum of one paid staff person in each library. WCCLS shall provide initial training for each User for each module, including but not limited to Patron Access Catalog, Circulation, Cataloging, Acquisitions, Community Resource, and Homebound. Responsibility for training of subsequent staff belongs to the WILI User or will be provided by WCCLS at cost. J M. Designate at least one staff member whom WCCLS may contact concerning use of the system. t~ N. Reimburse WCCLS on a quarterly basis for the cost of printing and mailing patron notices. 8. STANDARDS FOR BIBLIOGRAPHIC RECORDS A. WCCLS is responsible for maintaining Machine Readable Cataloging (MARC) records and for author and subject authority control in the WILI data base. WILI Users are responsible for inputting the necessary information, as defined by the WII.I User Group and WCCLS cataloging staff, in their Bibliographic Short Entries. WCCLS will utilize several bibliographic services to obtain MARC records. Bibliographic services will be monitored and evaluated by WCCLS in order to maintain the most appropriate and highest quality bibliographic database. B. WILL Users shall have full resporsibility for linking item information (barcode number, library location, volume number, call number, copy number, type of material, publishing information, etc.) for their holdings to title information contained in the bibliographic database._ WILI Agreement -page 5 v4s. 9. CONFIDENTIALITY OF DATA The patron and circulation records in the WILI database shall be deemed to be exempt from public disclosure pursuant to ORS 192.502(21). All parties agree that they will not disclose patron and circulation information. All parties also agree that only library staff and designated library volunteers shall have access to such records in the course of operating the system. All parties may use patron name and address information for library purposes as long as it is used in accordance with the WILI Policies and Procedures Manual. i" 10. COST ALLOCATION FORMULA A. If funding for the operation of WILI is not appropriated and the Users choose to continue operation using other sources of funds, all WILI Users shall share proportionally in annual System costs, not to exceed those specified in EXHIBIT A "Cost Allocation Formula", which is updated annually. The cost to each WILI User, as specified in EX 031T A "Cost Allocation Formula" will be determined by the composite - percentage, among all WILI Users, of that WILI User's number of ports, annual circulation, number of patrons, number of items, number of titles, and number of annual acquisitions from the previous calendar year. i B. Libraries which are full participants in WILI and which are not signatories to the k Public Library Services Agreement, shall be responsible for their share of the cost allocation on an annual basis even if WILI is funded for operation. These Users shall be notified of their share of WILI operating costs by May 1 as determined by the cost allocation formula used in EXHIBIT A "Cost Allocation Formula". These Users shall receive an invoice from WCCLS by April 1 for the annual cost which shall be paid by June 30. One year after becoming a full participant, WILI Users described in this section may petition the Cooperative Library Advisory Board by December 31 to have all or part I of their annual cost allocation fee waived for the term of this Agreement. 11. EQUIPMENT ADDITIONS WCCLS shall solicit written requests from Users for purchases of additional peripheral equipment in the fall and spring of each year. WCCLS staff shall coordinate purchase of said equipment and invoice WILI Users for cost plus 10% to cover costs of ordering, testing, inventorying and training. For peripheral equipment costing more than $5000, an amount less than 10% may be charged. Invoices will be issued to Users at the time items are delivered to the User or no later than June 1 of the year in which the equipment was purchased. WCCLS staff will install said peripheral equipment at no cost to W1LI User but installation of data cabling between WILI communications equipment and terminals shall be the responsibility of the WILI User. wu,t Agreement -page 6 i r_ ~i 5J _ S WHIG D l2. ADMISSION OF NEW USci .....,.I-i ARE NOT SIGNATORIES TO THE PUBLIC LIBRARY SERVICES AGREEMENT WCCLS shall have the option of admitting other libraries to WILL provided that any necessary system modification shall be undertaken to insure the response times specified in the contract between WCCLS and the vendor are maintained. Conditions of admission include but are not limited to those listed in EXHIBIT D, "New User Price Policy". Admission of New Users shall require unanimous approval of present WILI Users and the Cooperative Library Advisory Board. 13. DEFAULT A. Each of the following shall constitute a default: 1. Material noncompliance with the terms of the Agreement; 2. Improper use of WILI system operating software, hardware, or peripherals. B. In the event of a default by a User or by WCCLS, WCCLS of the Users, respectively, shall: 1. Advise the party in writing of the alleged default and any action required to cure the default, 2. Set forth a time by which the default must be cured, a minimum of thirty (30) days. 14. ENFORCEMENT j A. In the event a User shall be found to be in default under the terns of this Agreement, WCCLS may, following written notice to the User: 1 Terminate the Agreement with the User, 3 2. `Prohibit User from the use of the WILT system; 1 3. Take any action to cure or stop the default; 4. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default. B. In the event of an emergency involving, but not limited to, system damage or the breach of security or confidentiality of the database, WCCLS may lock out the User from 5~~N 211-412k 'WE IM- 1 ' C. In the event of default by WCCLS, the Users may declare this agreement ` terminated and may pursue any remedies available to them and each of them under the law. 15. TERMINATION A. The County shall have the right to terminate this Agreement upon sixty (60) days written notice, if it determines, in good faith, through an open, public process, that: 1. The public interest would be served by such termination; j 2. Adequate funds are not available. -t B. Each Contractor shalt have the right to terminate this Agreement upon sixty (60) days written notice, if the Contractor determines, in good faith, that the public interest in L its jurisdiction or area of service would be served by such termination. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. D. On termination by either party, the WILI User shall be responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to remove or otherwise mask r User's data from WILL , 16. INSURANCE A. All parties to this Agreement shall maintain comprehensive general liability t insurance or adequate reserves in a program of self-insurance covering personal injury , and property damage for the User, their employees and agents. The insurance coverage 1 shall be fora minimum of $100,000 per person, $500,000 per occurrence and $50,000 property damage. For Users which are not units of local government, certification of i insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County Commissioners, employees and agents as additional insured. B. The County shall maintain insurance adequate to cover the replacement of the central site equipment including but not limited to the central processing unit uninterruptible power supply and communicaticns equipment. The insurance coverage shall be for a minimum of $600,000. C. User shall maintain insurance adequate to cover the replacement of the telecommunications equipment owned by WCCLS and housed at User's library. V ; L ~ . Wnd Agreement - page 8 - - G Contractor agrees that it snau compry wuu au aee„"- • but not limited to those referenced in this Section. A Fnual Qoyortunity County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor hereby agrees that its employees (and applicants for employment) shall not be discriminated against because of race, color, national origin, religion, physical or mental handicap, sex or age, except in the case of bona fide occupational qualifications as defined and provided by applicable federal or state law. B. Compliance with Applicable Provisions of ORS Chapter 279 Contractors which are community libraries further agree that they shall comply fully with all applicable provisions of ORS 279.310 through 279.430. These include: ORS 279.310, ORS 279.312 relating to payment of labor, materialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished; ORS 279.314 authorizing County to pay said claims on behalf of Contractor; ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. `J 19. HOLD HARMLESS Each party to this Agreement agrees to hold harmless the other parties, their elected and l appointed officials, employees, agents, and officers for any and all claims, losses, damages, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from its own negligence, performance of or failure to perform the obligations of this Agreement. 19. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 20. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any parry. WILL Agreement .-page 9 - - i f i 21. AMENDMENT P This Agreement may only be amended in writing and with the agreement of all parties. " Cost Allocation Formula (updated annually) EXHIBIT A - EXHIBIT B - Equipment Schedule (updated annually) - EXHIBIT C - Port Allocation - . EXURB I - l u ^ - iv Price Pnlicv New va... Use= _ For the Contractor For Washington County Signature Signature i c i A + P c~ u n - s i ,t ' Title Title L Colas(~c~ Date Date f I APPROVED AS TO FORM: Sr. Assistant County Counsel r V F Y'.r s, a. !f I---- Exhibit A: Cost Allocation Formula page 1 Shared Operating Cost: $662,874 r t Composite Total Annual Percentage Cost Share 1.76 Outreach $11,639 Banks 1.05 $6,956 - Beaverton 25.87 $171,493 Cedar Mill 12.54 $83,122 Cornelius 1.61 $10,693 Forest Grove 8.05 $53,387 - - Garden Home 0.54 $3,610 Hillsboro 13.61 $90,191 Tanasboume Branch 8.71 $57,720 a t,„ OR Sch. of Arts & Crafts 0.55 $3,616 Sherwood 2.20 $14,556 " Tigard 12.85 $85,179 Tualatin 7.16 $47,474 Tuality Health Ctr. 0.58 $3,825 [ y A West Slope 2.93 $19,413 ` Total 100.00 $662,874 NOTES: i j Operating cost: Total WCCLS Automation Program budget as i requested 2/96 MINUS cost-recovery senices (purchase of r peripherals for member libraries, postage/printing of notices). 1 F + I' f E'3 n n Q O w V= w a O O b~ 8 O 1O N n O n n b h o0 00 In . 1£ O ~ - £ Q tJ Exhibit A: Cost Allocation Formula page 2 3 N N M p 00 N a Q ~O ao 00 N n b£ O y N N N N^ O Q ~O O~ OO N T N O G r N y N .r.. O .M.. O N E t` r O M 00 V N r N~ ..i .r ~ O~ y O~ f~ O ri £ O _ - [L O 1 O E M O\ n O~ M M~ N N N DD ^ 00 00 ~ a O T t~ O O n P N N Q a0 N b O\ i~ ~ ~ O O O\ ,O N £`O •O ^ N n d M r M M a T N N M , U W C% 't P ~O ~O `O O W N ~O Q£ N C O~ ^ Q N Q^ Q M 'O N 't --t r %i A O 00 Q\ ~ N~ h Q r N 00 N O: N v N ,D ^ Q7 ^ N N~^ 00 r et E r a a ~ ~ u U t~ DO D\ 07 00 Q O: QO = N O .N.n a t~ Q f p C r0.. N N 00 O DD N V a0 M n.~ n N? OO N Q N N N O Q n O b£ S ?2 OG IO m N + V' M ~O N r r pp r O£ S i"" r O N .Qr O h G .M-•i O r .N-•i Q O f-i 00 4 O O C M 00 ~C O O i n ao O N O O r £ 5 I a a0 N t~ N n N n Q O T r T O P N T W M D\ M Q n O~ N Q p i N N 00 N Q h ~O ONO O_ N N M Ono 00 i M A U O N N h b •Q-i n M b O CL 000- b? O l: b •O y vi 00 M h p pp M N b' R W N Q O N vi N O 00 ^ V : CO N y Q7 ^ N M 'C O O~ H Q I M C Q oo N M M^ Q N N N N N Q r 0 O £ N W f a M o f ` io t N O pp t- w os T ~O M Nipp Cy Q b O O% .0.. N. N ^ r n 00 0 Q N N OR IR N Q N 1 O Uy p ~O N n! t'1 N ~O N rn O N n .(T O~ : O ep - O l O y 1 N r.~.N.. 16 C .r ^ r eO N£8 O. O O N O.N y n n O N W ~O M a.O Q 10 O Q M M N m .n. b[N O aD eO+f O NOS ~D NN M 00 N Q ? M' Qf O~ - - N M M M : M Oi eG M n V O O D` , IO 1 f~ O% O~ C N N N i 1 V iYi U : N ip U ao N i0 O r OM NO i I - W j W Q o oo of Cr ri Q oo Q o: r ri ~o oo . N• t~ E CQ 'o C D O N a O O .~O Nx oo C pp U U U U E .e o.~ t; S o.4 app p~ x o s c ° 5 0 < x' o. 3 C C O` L O L L -7 h C C g u b B L~ C y L N u u u dS o o A= d s o 3 o 0 9`v - C u$ R u o z -0 W M U U wC7x0 rn FE- F F F O a© U U wt.7 S O A F F F F 3 F - WILIAgreetnent -page 12 I i Exhibit B: Equipment Schedule F Peripheral equipment connected to WILI, owned and in use by WILI Users and maintained by WCCLS as of 1/1/96. - Terminals Barcode Printers Telxon Readers units { Banks 3 0 1 0 Beaverton 54 29 18 7 - - - Cedar Mill 21 14 12 1 Cornelius 4 1 3 0 Forest Grove 19 3 10 1 Hillsboro 31 18 18 4 Tanasbourne 15 7 6 2 OSAC 2 1 1 0 ' Sherwood 5 4 4 1 Tigard 20 18 10 3 Tualatin 21 B 15 2 Tuality HC 1 1 1 0 West Slope 9 4 5 0 - Totals 205 108 104 21 - 18-Mar-96 Fi le: C:\WILI\EXHIB95.WKI } i i - WIId Agre=ent - page } v r - ..z - mum n - I Exhibit C: Port Allocation' m r - WILI PORT ALLOCATION FOR THE CURRENT COMPUTER Allocation Method: 1. The computer is licensed for 397 users. The following ports were subtracted from the 397 available before allocation: Fifteen (15) ports: one port for each library and Outreach (so no library/program could get r fewer than one workstation), Forty-seven (47) ports: for use by the WILI program (WILI staff workstations, public and non-WILI library dial access, other networking needs, and WCCLS Administration r; workstations). v _ k3 2. Each library's Composite Percentage (Exhibit A) from the Cost Allocation Formula (excluding the "Ports in Use as of 31Dec 95" percentage) was applied to the 335 remaining ports to arrive at the allocation. - Library/Program 1993 Allocation Revised Allocation Banks 5 4 Outreach 11 6 ~c Beaverton 90 88 Cedar Mill 37 43 Cornelius 8 6 Forest Grove 32 29 Garden Home* 0 3 Hillsboro & Tanasbourne 73 46+31=77 Oregon School of Arts & Crafts 3 3 € Sherwood 7 9 Tigard 43 43 Tualatin 28 25 - Tuality Health Information Resource Ctr. 3 3 € West Slope 11 it , WILUAdministration Pro¢ram Use 47 47 £ Total number of ports 397 397 NOTES: ti 1. The Allocation will need to be recalculated in 1998 when a new WILI computer (with 1 j additional user licenses) is slated for installation. Also, the addition of a new WILI member _ library would require recalculation of the all ti oca on. 2. The 1993 Port Allocation was recommended by the WILI User Group, and approved by the Professional Advisory Board on 3/25193, Garden Home Community Library not previously pan of WILto join in July 1996. i- WILI Agreement..- page 14 j r i I E-.- Y Exhibit D: New User Price Policy New Users Price Policy New WILI Users that are not signatories to the Public Library Services Agreement are responsible for the following costs: ONE-TIME START-UP COSTS 1. Peripheral equipment: (including but not limited to term inals,printers, lightpens, laser { E readers and their installation) 2. Communications equipment: (including but not limited to modems and multiplexers or ethernet bridges and terminal servers and their installation) j 3. Supplies and services: (including but not limited to training, Dynix branch sign-on fees j - , port/user licensing fees and supplemental programming, barcodes, patron cards) 4. System entryfee: The purpose of this fee is (1) to cover WILI costs incurred for legal s n fees, administration and clerical support for conversion processes and, (2) to cover =1 immediate and anticipated system upgrade costs necessary to maintain system response f ~N>; time. € b r, The System Entry Fee will be negotiated on a case by case basis between the new User and WCCLS depending upon the anticipated cost to WCCLS and benefit to WILI Users, for the admission of the New User to the system. This includes without limitation, tapeloading and conversion fees, purchase of additional accounts and software modules for the New User, central site hardware and central site peripheral equipment purchases, j . s and programming costs to facilitate the installation. This is in addition to the staff ti other me start-up costs listed above. The System Entry Fee shall apply to all use of W ILI by a New User during their first two years with the system. The extended period would serve to protect system integrity and C response time for other WILI Users from a rapid demand for system resources required by a single orsmall group of New Users. After the two year initiation period, New Users would continue to purchase their owri l peripheral equipment, but WCCLS would pay for communications equipment, supplies [ and services. ONGOING OPERATING COSTS New Users will be assessed a o share of WILI operaun~ costs based on Exhibit A "Cost Allocation - Formula." The Cost Allocation Formula would be applicable during the second year, r ; WIL[Agreemen( -page 15 i F I ~ [ ( _tank AGENDA ITEM # For Agenda of AD o~574- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Policy Wetland i PREPARED BY: Dick B. DEPT HEAD OK CITY ADMIN OK k,-d_ft- ISS J . BEFORE THE OUNCIL i Should the City Council adopt the attached policy relating to the use of City property for wetlands? STAIR nrnn~ - _ _...vNILViENDATI )N It is recommended that the Council adopt the attached resolution and policy. INFORMATION SUMMARY As a result of a request to use City-owned wetland area for mitigation for a private development adjacent to SW 135th Avenue (Bowen), it became apparent that the City had no policy guidance with which to judge similar requests. The Bowen request was approved in isolation as a one time circumstance because the previous owners had dedicated the wetlands to the City to facilitate development of their property. The Council requested that policy language be drafted to facilitate the future review of any similar requests. A J draft policy was included with the Bowen consideration. The Council requested the opportunity to review the draft at a study session. At the study session of 6-11-96, the Council directed staff to revise the draft policy to allow a case by case evaluation of any proposed use of City owned wetlands for private mitigation. The draft policy attempts to provide simple, straightforward guidance while giving the Council the flexibility to consider individual circumstances. It recognizes that there may be instances where the enhancement of City owned wetland would be beneficial to the City. Duane Roberts estimates that there are approximately.78 acres of medium quality and 11 acres of low quality wetland that would be candidates for restoration or enhancement. While not having a definitive number of acres, Duane indicates that a good portion of those wetlands are owned by the City. The draft policy suggests that requests for use of City property for private wetlands mitigation would have to demonstrate to the Council that there was a benefit to the City of Tigard and the general public. The Council would judge the benefit. There would also have to be documented physical enhancement of the wetland. The revised draft policy does not limit new wetland creation. The draft suggests compensation through payment or benefit to the City as judged by the City Council. The form and amount of compensation would be up to the Council. The draft requires a demonstration of no cost maintenance to the City unless acceptable to the City Council. The revised draft would not limit mitigation to the area within Tigard's Urban Growth Boundary. OTHER ALTERNATIVES CONSIDERED 1. Alter the draft language. 2. Adopt a policy to not allow City property for mitigation. C t. t: r FISCAL. NOTE Independent estimates by the City and the Unified Sewerage District indicated that wetlands can be valued at $10,000 per acre. Compensation for the use of such property would have to be determined. - { c` u esi o di NI i ` + R /4 r trro Y t " Y E, i E - _a._.rt ~~~P r :.y v.s.. - 11,. , ~ u~ ~ ,i _ l_.Y.__ .r__.._~)".~ _ ._r si ~-~(c~arv r•~~. _ _