City Council Packet - 04/17/2001 L}~-1G~r'~'"
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Item No.
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Revised 4/11 /01
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PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please
call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
e 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 dateby calling:
503-639-4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for
the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA -April 17, 2001 page 1
" s
AGENDA
TIGARD CITY COUNCIL WORKSHOP MEETING
April 17, 2001
Note: This portion of the meeting will be held at:
Hibbard Administration Center
6960 SW Sandburg Street
Tigard, OR
6:30 PM
1. JOINT MEETING WITH THE TIGARD TUALATIN SCHOOL BOARD
a. Youth/ Recreation Options - Progress
b. Communication with the Public; Broadcast Cable Programs
C. Volunteer and School-to-Work Opportunities
d. Availability/Use of School Facilities
e. The Search Institute's Developmental Assets Survey
f. Water Reservoir Sites
e. Non-Agenda Topics
Note: This portion of the meeting will be held at:
Tigard City Hall
131 25 SW Hall Blvd
Tigard, OR
8:00 PM
2. TIGARD CITY COUNCIL WORKSHOP MEETING
2.1 Call to Order - City Council
2.2 Roll Call
2.3 Pledge of Allegiance
2.4 Council Communications 8T Liaison Reports
2.5 Call to Council and Staff for Non Agenda Items
Discuss Potential Grant Application Assistance by Contracting with Randall
j Funding and Development, LLC - carried over from the April 10, 2001
meeting
COUNCIL AGENDA -April 17, 2001 page 2
8:05 PM
3. JOINT MEETING WITH THE NEW TIGARD LIBRARY CONSTRUCTION
COMMITTEE
a. Staff Report: Library Staff
b. Council Discussion, Questions, Comments
9:00 PM
4. JOINT WATER COMMISSION/RESERVOIR FEASIBILITY STUDY
a. Staff Report: Public Works Staff
b. Council Discussion, Questions, Comments
10:00 PM
5. COUNCIL LIAISON REPORTS
10:05 PM
6. NON-AGENDA ITEMS
6.1 Discuss Potential Grant Application Assistance by Contracting with Randall
Funding and Development, LLC - carried over from the April 10, 2001
meeting
10:10 PM
7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statue. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
10:15
8. ADJOURNMENT
\\TIG3331USR\DEPTSW DMICATHY\CCA\0104 7 7.DOC
COUNCIL AGENDA - April 17, 2001 page 3
Agenda Item No. `I I
Meeting of (v I a D I
Meeting Minutes
TIGARD CITY COUNCIL WORKSHOP MEETING
April 17, 2001
6:30 PM
1. JOINT MEETING WITH THE TIGARD TUALATIN SCHOOL BOARD - (Note:
This portion of the meeting was held at the Hibbard Administration Center, 6960
SW Sandburg Street, Tigard, Oregon. Minutes to be submitted separately for Council
review and approval. The following lists items to be discussed by the Council and
School Board:
a. Youth/Recreation Options - Progress
b. Communication with the Public; Broadcast Cable Programs
C. Volunteer and School-to-Work Opportunities
d. Availability/Use of School Facilities
e. The Search Institute's Developmental Assets Survey
f. Water Reservoir Sites
e. Non-Agenda Topics
Note: This portion of the meeting was held at:
Tigard City Hall
13125 SW Hall Blvd
Tigard, OR
2. TIGARD CITY COUNCIL WORKSHOP MEETING
2.1 Mayor Griffith called the meeting to order at 8:01 p.m.
2.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla.
2.3 Pledge of Allegiance
2.4 Council Communications at Liaison Reports: Mayor Griffith noted a
commuter rail function that was to occur tomorrow at 8:30 a.m.
2.5 Call to Council and Staff for Non Agenda Items (See Item No. 6 for more
information.)
Discuss Potential Grant Application Assistance by Contracting with Randall
Funding and Development, LLC - carried over from the April 10, 2001
meeting
Tri-Met Meeting - Thursday, April 19.
m Tigard-Tualatin School District - Long-range facility planning.
TIGARD CITY COUNCIL MEETING MINUTES -April 17, 2001 Pagel
3. JOINT MEETING WITH THE NEW TIGARD LIBRARY CONSTRUCTION
COMMITTEE
New Library Construction Committee (NLCC) Members Present: David Chapman,
Lonn Hoklin, Curt Tigard, Elaine Heras, Brian Douglas, Sue Carver.
Library Director Margaret Barnes introduced the Committee members and gave a
brief overview of what the Committee has accomplished so far. (For more
information, see the Staff report, which is on file with the City Recorder.)
Committee Member Hoklin gave an overview of the history of the efforts for a new
library. Some of the points reviewed by Mr. Hoklin included:
• In the last 10 years, the Library's circulation numbers have tripled.
• Growth rate for the area is projected to be 43%.
• It has been determined that an expansion is not a feasible alternative
because of needs for parking and to accommodate needs for 15-20
years.
• Reviewed the past attempt for voter approval, which was unsuccessful.
Committee Member Tigard's comments included the following highlights:
• His sister, Grace Houghton Tigard donated more than $800,000 to the
Library.
• Recalled how his sister was a strong library supporter and believed that
libraries are an educational stepping stone.
• Noted his support of the Library to benefit present and future residents of
Tigard.
(Lonn Hoklin also referenced a $40,000 donation from Neva Root.)
A new committee was formed in 1998 to review the library situation for the City of
Tigard. At first the focus was on expansion, but it was determined that a new
library would be the best route to pursue.
City Council viewed a PowerPoint presentation. A copy of the presentation is on
file with the City Recorder.
The Needs Analysis report recommended that the City acquire property and build a
new library of 47,000 square feet to serve Tigard for the next 15-20 years.
TIGARD CITY COUNCIL MEETING MINUTES -April 17, 2001 Page 2
Council reviewed information on "space adjacencies," which was in the form of a
diagram showing spatial relationships, workflow and circulation patterns, and an
overview of the major functional areas of the library.
The Council also reviewed preliminary site criteria. Members of the NLCC identified
three potential sites and reviewed the pros and cons of each site:
1. Committee Member Douglas reviewed Site B. (See PowerPoint
presentation slide for summary of pros/cons on this site.) This site is
located on Burnham Street, intersected by Ash Avenue.
2. Committee Member Heras reviewed Site D. (See PowerPoint
presentation slide for summary of pros/cons on this site.) This site is
located at Main/Scoffin Streets.
3. Committee Member Carver reviewed Site E. (See PowerPoint
presentation slide for summary of pros/cons on this site.) This site is
located on Hall Boulevard, east and south of the Tigard City Hall, along
Fanno Creek.
After the presentations, Council discussed with the NLCC members and staff the
timeline for education and promotion to the public if the matter is to be placed before
voters in May, 2002.
Consensus of the City Council was that the NLCC should proceed with the next steps
as presented in the PowerPoint presentation.
City Manager Monahan advised within the next two months, property owners would
be contacted to determine if the identified sites might be available. A report to the
Council will be scheduled in mid- to late- June.
In August, enough information should be gathered so that the Council can direct the
NLCC members whether to proceed toward placing the matter before Tigard voters
{ at either the May or November 2002 ballot.
i Council meeting recessed at 9:27 p.m.
Council meeting reconvened at 9:38 p.m.
4. JOINT WATER COMMISSION/RESERVOIR FEASIBILITY STUDY
Public Works Director Wegner reviewed this agenda item. The staff report is on file
with the City Recorder.
TIGARD CITY COUNCIL MEETING MINUTES - April 17, 2001 Page 3
Mr. Wegner reviewed several water supply alternatives to be considered to meet
future water needs. The goal is to identify opportunities to increase the raw water
improvement within the Tualatin Basin. Tigard has requested to purchase water and
eventually become a partner in the Joint Water Commission.
One option is to expand existing storage at Henry Hagg Lake. The Bureau of
Reclamation will be the lead agency to develop a draft scope of work for a feasibility
report to expand the lake.
Mr. Wegner advised that Tigard's share of the cost for the feasibility study is
$150,000, and about 12 agencies would be participating. A resolution proposing
that Tigard participate will be on the April 24, 2001, Council agenda.
Discussion followed about other water resources and potential intermediate long-term
improvements. If Tigard does not partner with the Joint Water Commission as the
primary water source, this may represent a good option for a secondary source.
Mr. Wegner commented on the water availability outlook for this summer. Tigard
will ask citizens to use water wisely and voluntarily conserve. The City of Portland will
have water available, but Tigard needs to be concerned with the costs associated with
this source and the fact that supply pipes to Tigard are capable of delivering 10
million gallons per day. Lake Oswego will not have water to sell to Tigard this
summer. Staff will educate Tigard citizens by issuing press releases, feature articles in
the Cityscape, announce at Citizen Involvement Team meetings, and other means.
5. COUNCIL LIAISON REPORTS: None
6. NON-AGENDA ITEMS
• D.A.R.E. Program: City Manager distributed letters drafted for Council members'
signatures supporting the D.A.R.E. program.
• Tri Met Meeting: Council discussed the special meeting of the Council and
representatives of Tri Met. No formal agenda has been prepared; the purpose of
the meeting is to discuss bus service to the City of Tigard.
• Tigard-Tualatin School District - Long-Range Facility Planning Committee:
Councilor Moore said he would continue to serve as the primary representative
from the City Council. Councilor Dirksen offered to serve as alternate.
• Discuss Potential Grant Application Assistance by Contracting with Randall
Funding and Development, LLC (carried over from the April 10, 2001 meeting):
City Manager Monahan introduced this agenda item. The staff report is on file
with the City Recorder. There is a need to stretch City funding resources and
evaluate other ways to secure alternate funding sources. One source of additional
funding could be through successful bids for grants.
TIGARD CITY COUNCIL MEETING MINUTES -April 17, 2001 Page 4
Mr. Monahan noted that the Purchasing Rules provide that a Request for Proposal
(RFP) must be prepared and sent out to seek this type of service. The Randall
Corporation would have an opportunity to submit a proposal.
Council discussed concerns, such as tailoring which grants would be sought. There
was agreement that issuing an RFP would provide the opportunity for the City of
Tigard to shape the manner of grant assistance best suited for Tigard's needs. Also
of concern was the amount of employee time this program may take. Consensus
of Council was that staff should proceed with developing and issuing the RFP.
Budget Committee Meeting: The Budget Committee will meet April 30, 6:30
p.m. at the Tualatin Valley Fire and Rescue Meeting Room on Burnham Street.
7. EXECUTIVE SESSION: Canceled.
8. ADJOURNMENT
City Recorder, Catherine Wheatle
Attest:
ty f T
410"r,-
Date: l2 . A,01 /
TIGARD CITY COUNCIL MEETING MINUTES - April 17, 2001 Page 5
CITY OF TIGA
NOTICE OF LOCATION OF
APRIL 17, 2001
COUNCIL MEETING J06 a
To: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-620-3433)
❑ Lee Douglas, Regal Courier (Fax No. 503-968-7397)
❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
School Board will be held at:
HIBBARD ADMINISTRATION CENTER
6960 SW SANDBURG STREET
TIGARD, OR
8:00 p.m.
Tigard City Council meeting and Local Contract Review Board will
be held at:
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
For further information, please contact City Recorder Cathy Wheatley by
calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon 97223.
cif Lk)
City Recorder
Post: City Hall Lobby
Date of Notice: April 10, 2001
1:1ADNACATHY\CCA\MTG LOCATION NOTICE.DOC
CITY OF TIOARD
NOTICE OF LOCATION OF
APRIL 17, 2001
COUNCIL MEETING
To: E"Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-620-3433)
❑ Lee Douglas, Regal Courier (Fax No. 503-968-7397)
❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
. School Board will be held at:
HIBBARD ADMINISTRATION CENTER
6960 SW SANDBURG STREET
TIGARD, OR
8:00 P.M.
Tigard City Council meeting and Local Contract Review Board will
be held at:
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
For further information, please contact City Recorder Cathy Wheatley by
calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon 97223.
r
City Recorder
Post: City Hall Lobby
Date of Notice: April 10, 2001
1:=&ACATHYICCAXMTG LOCATION NOTICEAOC
04/10/2001 10:15 FAX 5036847297 City of Tigard IM 001
TX REPORT
TRANSMISSION OK
TX/RX NO 2041
CONNECTION TEL 5036203433
SUBADDRESS
CONNECTION ID Tigard Times
ST. TIME 04/10 10:14
USAGE T 00'27
PGS. SENT 1
RESULT OK
CITY OF TIGARD
NOTICE OF LOCATION OF
APRIL 17, 2001
COUNCIL MEETING
To: 'Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-620-3433)
❑ Lee Douglas, Regal Courier (Fax No. 503-968-7397)
❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
School Board will be held at:
HIBBARD ADNMSUSTRATION CENTER
6960 SW SAN~IDBURG STREET
TIGARD, OR
8:00 p.m.
Tigard City Council meeting and Local Contract Re-view Board. will
be held at:
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
CI'T'Y OF TIGA.RD
NO'T'ICE OF LOCATION OF
APRIL 17, 2001
COUNCIL MEETING
To: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-620-3433)
B"tee Douglas, Regal Courier (Fax No. 503-968-7397)
❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
. School Board will be held at:
HIBBARD ADMINISTRATION CENTER
6960 SW SANDBURG STREET
TIGARD, OR
8:00 p.m.
Tigard City Council meeting and Local Contract Review Board will
be held at:
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
For further information, please contact City Recorder Cathy Wheatley by
calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon 97223.
City Recorder
Post: City Hall Lobby
Date of Notice: April 10, 2001
1AA0WCATH11CCA1MTG LOCATION NOTICE.DOC
04/10/2001 10:13 FAX 5036847297 City of Tigard [a 001
xc~~:&x:x<:t:k*xc:k*x:x:~Bx::kx:~*:~
xxc TX REPORT x xc
TRANSMISSION OK
TX/RX NO 2040
CONNECTION TEL 5039687397
SUBADDRESS
CONNECTION ID Regal Courier
ST. TIME 04/10 10:12
USAGE T 00'45
PGS. SENT 1
RESULT OK
CITE' OF TIGARD
NOTICE OF LOCATION OF
APRIL 17, 2001
COUNCIL MEETING
To: ❑ Barbara Sherman, Newsroom., Tigard Times (Fax No. 503-620-3433)
Rtee Douglas, Regal Courier (Fax No. 503-968-7397)
❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
. School Board will be held at:
HIBBARD ADMMSTRATION CENTER
6960 SW SANDBURGr STREET
TIGARD, OR
8:00 P.M.
Tigard City Council meeting and Local Contract Review Board will
be held at:
TIGt. RD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
CITY OF TIGARD
NOTICE OF LOCATION OF
APRIL 17, 2001 `
COUNCIL MEETING
To: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-620-3433)
❑ Lee Douglas, Regal Courier (Fax No. 503-968-7397)
Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
. School Board will be held at:
HIBBARD ADMINISTRATION CENTER
6960 SW SANDBURG STREET
TIGARD, OR
8:00 P.M.
Tigard City Council meeting and Local Contract Review Board will
be held at:
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
4
For further information, please contact City Recorder Cathy Wheatley by
i calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon 97223.
H
H /
H Y
City Recorder
Post: City Hall Lobby
Date of Notice: April 10, 2001
I:\ADMICATHI1CCAWITG LOCATION NOTICE.DOC
04/10/2001 10:01 FAX 5036847297 City of Tigard Q001
TX REPORT x
TRANSMISSION OK
TX/RX NO 2038
CONNECTION TEL 5039686061
SUBADDRESS
CONNECTION ID Oregonian
ST. TIME 04/10 10:01
USAGE T 00'26
PGS. SENT 1
RESULT OK
CITY OF TIGARD.
NOTICE OF LOCATION OF
APRIL 17, 2001
COUNCIL, MEETING
To: ❑ Barbara. Sherman, Newsroom, Tigard Times (pax No. 503-620-3433)
O Lee Douglas, Regal Courier (Fax No. 503-968-7397)
KKEmily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061)
6:30 p.m.
Joint meeting of the Tigard City Council and the Tigard Tualatin
School Board will be held at:
HIBB.ARD ADMINISTRATION CENTER
6960 SW SANDBURG STREET
TIGARD, OR
8:00 P.M.
Tigard City Council meeting and Local Contract Review Board will
be held at:
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
Agenda Item No.•
Meeting of (`7 O
Joint School Board/Tigard City Council Meeting
TIGARD-TUALAT;N SCHOOL DISTRICT 23J
6:30 p.m.
April 17, 2001
Hibbard Administration Center
6960 SW Sandburg Street
Public participation on agenda items occurs at the discretion of the chair. Please indicate your interest by signing the
sheet provided at the agenda table. Non-agenda items and public hearings are governed by the policy found at the
agenda table. At 9:00 p.m., the Board may take a five-minute recess, and the chair will review the agenda for possible
rescheduling of items. The public meeting will not go beyond 10:00 p.m. For assisted listening/speech call 431-4002
(voice) or 431-4047 (FAX) no later than 24 hours prior to the meeting.
6:30 p.m.
Joint School Board/Tigard City Council Meeting
MEMBERS OF THE SCHOOL BOARD:
Rich Carlson (Chair); Al Hieb (Vice-Chair); Pat Biggs, Merrily Haas, Tom Sharp (Members)
MEMBERS OF THE TIGARD CITY COUNCIL:
Mayor Jim Griffith, Councilors Craig Dirksen, Brian Moore, Joyce Patton, Ken Scheckla,
City Manager Bill Monahan.
AGENDA
1. Youth/Recreation Options - Progress
2. Communication with the Public; Broadcast Cable Programs
a
i
3. Volunteer and School-to-Work Opportunities
4. Availability/Use of School Facilities
5. The Search Institute's Developmental Assets Survey
6. Water Reservoir Sites
7. Other Issues That May Arise
AGENDA ITEM # 3
FOR AGENDA OF Z4. 1-7 01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Joint Meetin of City Council and New Tigard Library Construction Committee
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Presentation by the New Tigard Library Construction Committee to update the City Council on the status of the
work of the Committee.
STAFF RECOMMENDATION
The staff recommendation is for the City Council to provide the Construction Committee further direction to
continue its work.
INFORMATION SUMMARY
In early 2000, the City Council and Budget Committee met and concluded that rather than expansion of the existing
facility, a new Library was needed in a location other than at the present civic center property. The firm BML
Architects was retained by the City to study the need for a new Library. In April of 2000, citizen focus groups met
with BML and Cynthia Ripley Architects to discuss the components of a new Library. As a result of these
meetings the "Needs Analysis Report for a new Tigard Library" was published. In August of 2000 the Construction
committee was renamed by the City Council (New Tigard Library Construction Committee). The Committee is
given the charge to meet on a regular basis, and forward recommendations to the Tigard City Council so the
Council may consider placing a bond measure on the ballot in 2002. The "Needs Analysis" report was distributed
to Council in September. In both September and November of 2000 staff gave a brief update of the Committee's
work to the Council. In November the Committee began the preliminary review of potential sites with the
architects. In the fall of 2000 the architects and the consultant met with the staff to articulate the programming
needs for a new Library. As a result of these meetings the "Building Program for the new Tigard Library" report
was published. The Committee is prepared at this time to give a preliminary report to Council on the work of the
Committee
OTHER ALTERNATIVES CONSIDERED
Continue with this process and look at placing a bond measure on the ballot in May or November of 2002.
Complete the current process and wait until a later date for the question to be placed before the voters.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #3 Adequate facilities are available for efficient delivery of life-long learning programs and services for all
ages.
Strategy #1 Form a construction committee to explore the feasibility of new library space.
Action items:
Construction Committee reviews possible sites for new library space.
Construction Committee recommends to the City Council a short list of potential sites.
Strategy#2 Construction Committee reviews the "Needs Analysis Report" and the "Building Programming Report"
and presents recommendations to City Council.
ATTACHMENT LIST
Set of PowerPoint Slides
FISCAL NOTES
Donations have been received from the Grace T. Houghton estate and the Neva Root estate. $816, 585 was
received from the Houghton estate and $40,00 from the Root estate (for children's services). The preliminary
estimated cost for this project is between $14,000,000 and $17,000,000.
April 17, 2001
New Tzg,
p7: Constr z tYOn
April 17, 2001
IIItTOC~UCt10
F!~~w
Committee members
' :MHIs$ory
eds Analysis Report
ding Program Report
e iminary Site Review
Su Mary
History ':,',;::o.City Facilities Committee 1996-1998
o Bond Measure November 1998
us'rl
F ®G_qlydce T. Houghton Bequest 1999
ansion Committee 1999
sF
New Tigard Library Construction
Committee Update 1
April 17, 2001
Iistory Q, ( p f
`4,6ML Architects/Ripley Architects
:.1a„~uary 2000
C tizen Focus Groups Spring 2000
o p'ds Analysis Report Summer 2000
• struction Committee established
ust 2000
Needs, Ari Jy 2
t... . .a
Assessment of current and future services
,,;needs
yard Community
Demographics
Service Population of about 50,000 people
Registered borrowers
Circulation
~~EXlsling library services
Comparison with library standards
'.i - Technology
- Space
- Books
Needs Andiysi-
e;Projection of appropriate size and V
"`"staffing for next 15 years
+ F,itidings of Ripley Architects
U►~dersized facility
3?k~%
Present building too small for efficient
fr Raff functions
New Tigard Library Construction
Committee Update 2
April 17, 2001
ecommendation
Icquire property and build a new library
o 47,000 square feet, which would
rve Tigard's service area for the next
-20 years, based on population
p ejections and foreseeable needs
t' o Building program and service needs
Moficommunity
-Building size considerations
terior design criteria
Sxterior design criteria
e
Building>Pi ogra
i? ,iP.Space adjacencies
Spatial relationships
.Work flow and circulation patterns
w' `Overview of major functional areas of
a; e library
a:
New Tigard Library Construction
Committee Update 3
April 17, 2001
f """B; 'Id'
w.~s Accommodate library services for
r'ra7~
munity
ecial requirements for major areas
Preliipiriay'; ~'Q J
+ CrI.Wria'`f&VSite
"'`Accommodates building--one or two
story
_pcommodates needed parking
Adequate street access
dequate circulation
topography consideration
Views from library/nature
Prelimiriary,5' r V
s Criteria continu
=Site preparation needed
k ^Future expansion potential
+ `Potential to add other uses
usual costs to develop site
x.~"Access to public transportation
Wetland issues
toning issues
V
J
New Tigard Library Construction
Committee Update 4
April 17, 2001
Representat~'~ fil 'i i
F~,q,COnS
p: ~IM1h,Street issue
tion of some businesses
trialized area
ms about safety in area after dark
sition cost
lition of existing buildings
own potential environmental hazards
extended time due to street vacation and
five land review
Repreme its afiv~e,
s Pros
U-"9 AcCOmmodates 1 story building plus expansion
~rT;t"•. r,sSl7
~.,;Wr antial for additional parking
o e rate employee parking at back of site
~*s, r
lmity to rest of City complex
r`"amity to Central Business District
c Transportation access
!fit o2 ning issues
"~08K ilopment avoids floodplain
sx' ~"r; r~',n
e Eomic benefit to Central Business District
i G potential for natural views and outdoor space
avings
Representative=S'i
e, Cons
:Access to parking lot/Access from street to building
`No'Aatural views
o 'Commercial Area
r .pit::
"Acgt~isition cost
- : t~•s"yyg
rDemplition of existing buildings
okftelocation of some businesses
o;AW" and traffic pattern
New Tigard Library Construction
Committee Update 5
i
April 17, 2001
Representative
° f ,ccommodates 1-story building plus expansion
e 9 equate parking
grPOj, inent location
nfrastructure costs
• ro mity to Central Business District
p ning issues
a etiands/ffoodpfain issues
b c transportation access
omit development for Central Business District
amount of time for approvals
Representative
e Cons
x, Potential wetlands/floodplain buffer issue
"i_yRequires "fill" for proper grading
zoning issue
°•j%U k, own potential environmental hazards
•f 'PtIntial ODOT issues
~n
Would take the longest time for approvals
gym.
__Xyy
"L4?S
Representative
• Pros
J
eAccommodates lstory building & expansion
h,,;q.Polential for additional parking
y r' e`Fublic transportation access
e`Pfozimity to the rest of the City complex
e',,,Potential for views and outdoor space
;s `Access to Fanno Creek trail network
3 m4 Potential for other cultural/outdoor activities
p L•Ik~ly to have reasonable acquisition cost
44Cmmunications cost savings
New Tigard Library Construction
Committee Update 6
April 17, 2001
a ds Analysis
mmunity need
commended size: approximately
,000 square feet
ding Program
e of space
iminary Site Review
alysis of representative sites
Sunm~ k~~
~'Nezt Steps
'`Decision on site
Informing the community
Estimated cost for project
$14,000,000...17, 17,000,000
nding for project
stions
~f
i I
i
3
New Tigard Library Construction
Committee Update 7
AGENDA ITEM #
FOR AGENDA OF April 17.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Joint Water Commission/Reservoir Feasibility Study
PREPARED BY: Ed Wegner DEPT HEAD OR L- CITY MGR OK
ISSUE BEFORE THE COUNCIL
The City Council and Intergovernmental Water Board members will hear a presentation on the Joint Water
Commission and the Hagg Lake Dam Raise Feasibility Study.
STAFF RECOMMENDATION
Staff recommendations are to continue investigating in connection with the Joint Water Commission and other
agencies, the Feasibility Report for the water supply policy objectives of the IRWM Strategy.
INFORMATION SUMMARY
The City of Tigard has requested to purchase water and eventually became a partner in the Joint Water
Commission. Based on initial discussions between the City and JWC, the lack of a raw water source at this time
precludes the JWC from allowing the City to become a partner. However, the City and the JWC along with the
Unified Sewerage Agency, through the Integrated Water Resources Management Strategy, are pursuing
opportunities for increasing the raw water improvement within the Tualatin basin.
Increased needs for water to meet instream, municipal and agricultural water demands are anticipated. The Water
Managers group has recommended that several water supply alternatives be considered to meet future needs. One
of these options is an expansion of existing storage at Henry Hagg Lake. The Bureau of Reclamation will be lead
agency as the dam falls undemeath their jurisdiction. Attachment #1 is the Bureau's Draft Scope of Work elements
for a Feasibility Report.
4 The Feasibility studies are detailed investigations specifically authorized by law to determine the desirability of
seeking congressional authorization for implementation. They require acquisition of primary data and participation
of public agencies and entities as well as the general public to develop a preferred plan from a range of alternative
c courses of action to meet needs, problems and opportunities within the planning area of concerns.
M
There are at least three alternatives to evaluate. The build alternative, the Willamette River alternative and the no
build alternative. Of the build alternative, there are three separate options. For a 40 foot lift there is an estimated
cost of $112,000.00
a
The draft envisions an expenditure of $834,120 to be spread over two or three fiscal years. Current allocations for
the project from the Bureau could be $100,000, with the hope that the Bureau participates for as much as 25% of
these elements which would reduce the amount accordingly.
OTHER ALTERNATIVES CONSIDERED
At this time, the City should continue working with the three existing options available to the Tigard Water
service area.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Securing a long term supply is a Vision Task Force Goal. The goal includes "actively participation in regional
development of drinking water sources" and the Action Committee Strategy to "investigate developing partnership
or contracts with other jurisdictions on developing a long tern source of water".
ATTACHMENT LIST
Integrated Water Resources Management - Draft Scope of Work Elements for a Feasibility Study
FISCAL NOTES
If we wish to continue to pursue the option of partnership with the Joint Water Commission, based on a formula
agreed to by the Manager, Tigard's share would be $145,000 over three fiscal years. We will bring this
Resolution to City Council on April 24, 2001.
Integrated Water Resources Management QWRM)
Water Supply Policy Objective
Draft Scope of Work Elements for Feasibility Report
The following are draft reviews of the Planning Process elements for a Feasibility Report for the
Water Supply Policy Objective of the IRWM Strategy. The first is a summary of the Planning
Process which is based on Federal Water Resources Planning Document - "Economic and
Environmental Principles and Guidelines for Water and Related Land Resources Implementation
Studies (March 10, 1983) The Bureau of Reclamation uses this Principle and Guidelines
(P&G) document for water resources project planning. The second draft outline lists the study
components needed to develop the Scope of Work elements for a Planning Report/Environmental
Statement based on the "Tualatin Project Phase H - Planning Report and Draft Environmental
Statement (May 1983)
Summary of Planning Process
1. Specification of Problems and Opportunities Associated with Federal Objectives and State
and Local Concerns
2. Inventory and Forecast of Water and Related Land Resources Conditions
a. Resource Conditions
b. Problems and Opportunities
3. Formulation of Alternative Plans
a. Develop Action Alternatives that meet identified needs
b. Describe No-Action Plan
4. Evaluation of Effects of Alternative Plans
a. Assess Effects of Alternative Plans
b. Evaluate Technical Information Based on Environmental, Regional, and
Social Considerations
c. Display Results of Evaluation
5. Comparison of Alternatives Plans
a. National Economic Development (NED) Account
b. Environmental Quality (EQ) Account
c. Regional Economic Development (RED) Account
d. Other Social Effects (OSE) Account
6. Selection of a Recommended Plan Based upon the Comparison of Alternative Plans
The following is a draft planning process outline based on the information from the BOR's P&G
document and "Tualatin Project - Phase II Planning Report (May 1983):
1;VRM December 8. 2000
Draft Scope Elements 1
1. Introduction
Location and Setting of Potential Project
Authority
Purpose
Public Involvement
Integrated Water Resources Management Strategy
Previous Water Resources Investigations - (RSWP, WAMCO)
2. Need for Action
Functional Needs -(IWRILI Strategy - Final Report)
Water Quality
Fish and Wildlife
Irrigation
Municipal and Industrial Regional Water Supplies
Flood Control
Recreation
Hydroelectric Power
3. Resources Capability
Water Supply Potential
Water Uses, Rights, Withdrawals, and Restrictions
Land Resources
4. Formulation and analysis of Alternatives Plans
Formulation Process
Nonstructural Potentials
No Action Alternative
Structural Alternatives
Evaluation of Alternatives
Recommended Plan
Accomplishments
Municipal and Industrial Water Supply
Water Quality Control
Irrigation
Flood Control
Recreation
Fish and Wildlife
Power
Detailed Plan
Economic and Financial Analysis
Evaluation of Alternatives - cont.
Project Costs
Project Benefits
fWRAf December 8, 2000
Draft Scope Elements 2
Cost Allocation and Repayment
Actions and Permits
Other Viable Alternatives
Alternative Plan 1
Alternative Plan 2
No Action Alternative
5. Affected Environment and Environmental Consequences
Recommended Plan
Air Quality and Noise
Water Quality
Vegetation and Plant Communities
Fisheries
Wildlife
Cultural and Historical Resources
Land Use
Recreation
Social and Economic Considerations
Indian Trust Assets
Environmental Justice
Unavoidable Adverse Effects
Short and Long- term Environmental Uses
Irreversible and Irretrievable Commitments of Resources
Alternative I
Same as areas of Recommended Plan
Alternative 2
Same elements as Recommended Plan
No Action Alternative
Same elements as Recommended Plan
6. Consultation and Coordination
Public Involvement
Coordination with Fish and Wildlife Agencies
Cultural Resources Consultations
Indian Trust Assets
Recreation Consultations
Regulatory Compliance
IWRbf December 8, 2000
Draft Scope Elements 3
Agenda Item No. 6.1
For Council Agenda 4/17/01
Item carried over from the
4/10/01 Council Meeting
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Discuss Potential Grant Application Assistance by Contracting with Randall
Funding
PREPARED BY: C Wheatley Caw DEPT HEAD OK _ W'~~°L"ITY MGR OKL ww
ISSUE BEFORE THE COUNCIL
Discuss proposal to enter into an agreement with Randall Funding and Development, LLC, for grant application
assistance.
STAFF RECOMMENDATION
Provide direction to staff whether the City should pursue entering into an agreement with Randall Funding and
Development, LLC, for grant application assistance.
INFORMATION SUMMARY
City Council members were sent a *March 26, 2001, memorandum from City Manager Monahan describing the
need to stretch City funding resources and the need to evaluate other ways to secure alternative funding sources.
One source of additional funding could be through successful bids for grants that are available. The City has
received a proposal from Randall Funding and Development, LLC, to discuss working with the City of Tigard to
explore funding opportunities. The City Manager has requested that the Council discuss this proposal and provide
direction to the City staff.
*Contact City Recorder Cathy Wheatley (503) 639-4171, Ext. 309, if you would like a copy of this memorandum.
OTHER ALTERNATIVES CONSIDERED
1. Do not pursue the proposal from Randall Funding and Development LLC.
+ VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Potential funding for programs identified in the Tigard Beyond Tomorrow goals might be available through grant
funding.
+ ATTACHMENT LIST
f
I
None.
FISCAL NOTES
The proposed contract calls for a two-year commitment at the cost of $3,000 per month. Randall commits to obtain
grant funding for the City, which over a 12-month period would exceed the City's prior year funding level by at
least $500,000, if the City pursues a minimum of $1,750,000 in funding opportunities. If we are successful in
securing more funding than $500,000, Randall would receive payment equaling eight percent of all monies secured
over the initial $500,000. If Council's questions are answered and the City Manager is authorized to move forward
to engage Randall, the City could begin a contract as early as April 15, 2001, with appropriate budget adjustments.
Information would also be provided through the budget process for the upcoming fiscal year.
I:IADMICITY COUNCIOCOUNCIL AGENDA ITEM SUMMARIESIRANDALL FUNDING AND DEVELOPMENT.DOC
.'04/05/2001 12:58 4154582340 RANDALL FUNDING P 01
Item No.
For Council Newsletter dated
;-att~~0 sl
RANDALL FUNDING ~ DE L.OPMEi1 T9 LLC
FACSIMILE TRANSMITTAL SHEET
TO: BILL MONAHAN FROM: DON DUNCAN
CI'T'Y: TIGARD DATE: APRIL 6, 2001
FAX NUMBER: 503-684-7297 TOTAL NO. OF PAGES INCLUDING
COVER: 3
PHONE NUMBER: 503-639-4171 SENDER'S REFERENCE NUMBER:
RE: PRESS RELEASE REFERENCE NUMBER:
❑ URGENT X FOR REVIEW 0 PLEASE COMMENT PLEASE RPPLY
Confidentiality Notice: The information contained in this facsimile transmission is legally privileged, confidential
and may also contain proprietary information. It is intended far the individual(s) named above exclusively. If the
reader of this message is not the intended recipient, please be advised that any disclosure, distribution, use or
copying any portion of the information contained in this communication is strictly prohibited. Ifyou have received
this communication in error, please notify us immediately at (415) 458-2330 and return the original docuntent to us
by ntail. Thank you for your cooperation.
Mr. Monahan:
Enclosed is a press release from the State of New Jersey, Office of Commissioner Kenny. I
thought you might Evid it interesting. I am looking forward to the opportumty to respond to any
questions or provide any information needed on April 10th, If there is there anything which you
would specifically like for me to prepare, please advise.
Best Regards,
Don Duncan
~j
1
TEL (415) 458-2330 FAX (415) 458-2340
min
1
04/06/2001 12:58 4154582340 RANDALL FUNDING PAGE 02
State of New Jens(
Department of Community Affai;
a ivs
nny, Commission( Nil
LAffl= Jane M. Ke
For Immediate Release
April 3, 2001
For Further Information, Contact:
Tom Daram, 609-292-6055
National ]Firm to Draw Grants to Camden
Million Dollar Result Guaranteed in Contract, Track Record Suggests Much More
• A national firm with a track record of generating millions of dollars in grant funds
for client cities and counties has been bared by the state to boost grant dollars by a
miaimum of $1 million in the City of Camden.
Acting Gov. Donald T_ DiFrancesco and State Community Affairs Commissioner
Jane M. Kenny announced today that the state has contracted with Randall Funding &
Development, LLC, of San Rafael, California, to bring the firm's grant-soliciting
expertise to Camden.
"This is another significant step in our efforts to aid in. Camden's recovery," said
Acting Gov. DiFraucesco. "We need to be sure that the city takes advantage of every
grant dollar available."
Randall Funding & Development has helped major cities and counties in the U.S.
obtain millions of dollars in grant fiends within two-year periods, including the cities of
Providence ($11.3 million) and Hartford ($6.8 million) and the counties of Oakland,
Michigan ($17.8 rnillion) and Prince Georges, Maryland ($12 million).
"We know there's a potential gold mine in federal and foundation grants that has
gone untapped by the City of Camden. We're hiring some of the best prospectors in the
business to locate these resources on behalf of the city," said Commissioner Kenny.
Commissioner Kenny said the firm would meet with city officials and community
groups to assess the city's funding needs before developing a strategic plan to solicit
available grant fiords.
Commissioner Kenny has requested that the company give priority to public
safety and economic development grants that could quicKy benefit Camden. The firm is
also expected to seek grants for recreation, transportation, public works, infrastructure,
housing and other facets of government operations.
Under terms of the two-year contract, Randall Funding & Development will
assign a full time "senior project officer" to work w;t'h Camden officials and the city's
grant office in lining up new grants, maximizing existing ones and ensuring compliance
with grant requirements.
- more -
,84/06/2001 12:58 4154582340 RANDALL FUNDING PAGE 03
"We believe there are a wealth of federal and foundation femads available for a city
with socio-economic conditions like those in Camdeu," said Commissioner Kenny. "The
hiring of Randall Funding & Development will allow us to pursue these funds in a
focused, professional and highly-structured manner_ The firm will do an assessment of
funding needs, put together a strategic plan and use its staff of professionals to compile
information for a variety of grant applications. The state, as well as professional
consultants and city and community leaders have identified the need for assistance in
soliciting every possible grant opportunity. We are addressing that treed with the hiring
of this firm."
A multi-year recovery plan prepared for Camden at state expense last year by
Public Finance Management recommended a more aggressive approach in pursuing
available grant dollars.
Randall Funding & Development will help the city meet its strategy by taking
advantage of giant opportunities that can arise on almost a we:eldy basis.
The Senator Walter Rand lxrstitute of Public Affairs at Rutgers University-
Camden will aid the city and state in the won of the Randall contract.
The contract calls for Randall Funding & Development to be paid $100,000 to.
obtain a minimunn of $1 million in grant funds. no firm is also entitled to a 10 percent
commission, capped at $300,000, for grants funds it generates beyond $1 uullxom_ Tim
funds will be paid by the state Department of Community Affairs (DCA).
In another move to help the City of Camden, state officials announced today that
a licensed planner from the New Jersey Office of State Planning would be loaned to the
city to help with key planning projects.
Ed Fox will be working on apart tame basis with the, city's Department of
Planning and Development on a number of recently announced initiatives, including two
DCA smut growth planning grants, a community schools planning grant and
implementation of the city's Master Plan. Fox, a former bistmic preservation specialist
in the Camden planning department, will work two days a week in the city for six
months.
MEMORANDUM
TO: The Honorable Mayor & City Council
FROM: Bill Monahan, City Manager
RE: Grant Application Assistance
DATE: March 26, 2001
Over the past few months, the members of the City Executive Staff and I discussed the
need for stretching our funding resources. We have historically focused on the general
fund and our dedicated funds (gas tax, water fund, sewer fund, building fund, etc.) for all
City program activities. Occasionally we have been able to supplement these funding
sources with grant funds from the State of Oregon or the Federal government.
The Executive Staff and I feel that it is necessary that we evaluate ways to secure
alternative funding sources. Over the past several years, our efforts to secure bonding
for new facilities have failed to gain voter approval. Presently, we are evaluating how to
proceed to address the need for a new library, road improvements, intra-city bus
service, youth programs, park land, and recreational activities, to name a few.
I believe that the time is right to place a greater emphasis on applying for State and
Federal grant programs to supplement some of the programs that we have underway, to
fund new facilities, and to enhance our delivery of services. Unfortunately, we are not in
a position to merely apply for more funding without taking some steps to better position
the City to be successful in the grant application process.
Since we have not received a large number of grants in the past, we do not have
extensive grant writing expertise in-house, plus we lack some of the administrative and
tracking expertise required. For instance, our level of grants received has been limited
by the resources that we can spare from existing budgets. Our grant writers have been
fairly successful, except each time we apply for a grant, we are forced to assign a staff
member to the task, taking them from their normal duties. In addition, we have not
coordinated our grant writing. One department may apply for a grant, which when
combined with other grants applied for, results in the need for the City to conform to a
Federal or State reporting requirement previously not applicable to Tigard.
For instance, once a City receives a certain level of grant awards, Federal law requires
that an Affirmative Action Plan be developed for new hires. In other cases, auditing
requirements or other rules and regulations are triggered. In fact, the recent report to
management prepared by our auditing firm as part of the audit of financial statements
Grant Application Assistance - Page t
for the year ending June 30, 2000, suggest that we consider modifications to grant
procedures. Attached is a copy of the report. Please note on Page 2 that the auditors
suggest that if the City expends over $300,000 in Federal funds in a year, it is subject to
more stringent examination by them as required by the Federal government. The note
goes on to cite some minor issues require attention.
In recent years, we have successfully applied for Federal funds to supplement police
staffing and technology. We have applied for funds to assist in the preparation of a plan
for Washington Square. Funds for a demonstration bus program were approved last
year. While we have had some level of success, we have only applied for specific
programs once the program qualifications and fund availability became known to us.
An opportunity is before us now to work with a firm to build our grant application
capacity. Randall Funding and Development, LLC, is a California-based company,
which approached the City to discuss working together to enhance the City's funding of
City service delivery. Randall has a proven track record working with cities and
counties larger than Tigard. Recently, Randall decided to approach a select group of
Oregon communities to offer its services within Oregon and to smaller communities.
Tigard is one of the communities approached.
I met with Don Duncan, a principal in the firm, to discuss Randall's program. Randall
would work with us to explore funding opportunities and, once we chose which grants to
apply for, would package our applications for us.
While talking with Mr. Duncan, I suggested we could have an interest for applying for
grants for the following purposes:
• New library construction - although we have focused on the idea of seeking
voter approval of bonds supplemented by bequests and possibly general fund
dollars, grants may be available for some portion of the construction,
furnishings, technology upgrades, collection, etc., associated with the Library.
A Transportation improvements - funds for improving, expanding, extending our
roads, building trails, or seeking alternative modes of transportation
demonstration projects could be possible.
Youth or recreation programs - programs, facilities, operating funds, staffing
a are possible.
Park acquisition/environmental improvements - additional funds for acquiring
or developing our parks, playgrounds, and natural areas.
Downtown redevelopment/economic development - funds could be available
from sources to supplement the activities of the Tigard Central Business
District Association.
Utilizing an outside consultant at this time has certain advantages over utilizing existing
City staff to apply for new grants or hiring new staff. First, Randall has a proven track
record. They have trained personnel who know what is available, how to prepare
applications, and how to impress funding agencies that a project is eligible and meets
Grant Application Assistance - Page 2
the funding agencies' objectives. Second, they could start assisting us now. The
Federal government has undergone a dramatic change. President Bush is changing
programs; thus new funding opportunities are opening up. Those communities ready to
submit fundable, qualified, and needed projects likely will be most successful. Cities,
such as Tigard, may not be able to package grant'applications which are fundable,
innovative and complete if there is a short turn-around period following grant availability
announcement. Third, Randall can teach us their successful formula for grant
attainment. By working with a company such as Randall, staff assigned by us to assist
in data gathering, need identification, and program monitoring, likely will learn valuable
skills. If we choose later to "go it alone" after a contract with Randall expires, we would
be better prepared to do so.
believe we can learn a lot from Randall while benefiting from their proven track record
and commitment to advocate on our behalf. We can upgrade our grant application
methods from merely applying for those we happen to become aware of as possibilities
to an actual grant system where all grant opportunities are assessed and we select
which programs to apply-for. We will also learn to package innovative grants that would
combine more than one funding source to make a proposal more appealing to funding
reviewers.
I have attached a copy of a proposal submitted by Randall. It calls for a two-year
commitment at the cost of $3,000 per month. Randall commits to obtain grant funding
for us, which over a 12-month period would exceed our prior year funding level by at
least $500,000 if we pursue a minimum of $1,750,000 in funding opportunities. If we
are successful in securing more funding than $500,000, Randall would receive payment
equaling eight percent of all monies secured over the initial $500,000.
This information is provided to you in advance of the discussion that I would like to have
with Council on April 10. If Council's questions are answered and I am authorized to
move forward to engage Randall, we could begin a contract as early as April 15, 2001,
with appropriate budget adjustments. We would provide information through the budget
process for the upcoming fiscal year.
Should Council agree with the proposal, there is the need for devotion of City staff
resources. As the attached memo, prepared by Ron Goodpaster, shows, when we
contacted three clients of Randall, we were told that to be successful, we need to
devote sufficient staff to assist. Initially, I would propose to assign lead responsibility to
Liz Newton to be our contact person with Randall and to coordinate a team of
individuals selected from City departments to pull together information needed to
support applications. Department Heads would be involved in reviewing funding
opportunities and recommending which grants are needed by City departments. Finally,
additional program tracking, report preparation and submittal, program fund monitoring
and disbursement, and accountability will all require staff attention.
The program has been discussed with the Executive Staff. We believe it is a very
opportune time to work with Randall. We can explore alternative funding sources or we
Grant Application Assistance - Page 3
1
can funds to supplement our other resources, we can prove that we have explored all
opportunities to make decisions to ask the voters for bond funds to build a library, roads,
or parks. We can also decide at the end of the contract term with Randall whether
continuing the relationship or building our own program, modeled after their successful
operation makes the best sense for the community.
I look forward to discussing this proposal with you on April 10. If there is any additional
information that you would like us to obtain, or if you would like to have Mr. Duncan
present at the April 10 meeting, please let me know.
Thank you for your consideration of this request.
Attachments
11Th;3331USRIDEPTSIADMOILLIMEMOSV2ANDALL - MEMO TO COUNCIL.DOC
t
1
I
I
I
I
Grant Application Assistance - Page 4
:x
1 Randall Funding & Development, LLC
2
3
4 THIS AGREEMENT FOR PROFESSIONAL, SERVICES ("Agreement"
5 herein), effective April 16, 2001, is made and entered into by and between the City of
6 Tigard, OR ("City" herein), located at 13125 S.W. Hall Blvd., Tigard, OR 97223, and
7 Randall Funding & Development, LLC (RF&D) ("Contractor" herein), located at 824 E
8 Street, San Rafael, CA 94901, for a period of twenty-four (24) months or until terminated
9 in accordance with this Agreement.
10
11 RECITALS
12
13 WHEREAS, City desires to engage Contractor to perform, and Contractor agrees
14 to undertake, carry out and complete certain professional services as hereinafter set forth:
15
16 NOW, THEREFORE, the parties agree as follows:
17
18 1. Parties to the Agreement
19
20 The parties to the Agreement are:
21
22 A. City: City of Tigard
23 13125 S.W. Hall Blvd.
24 Tigard, OR 97223
25
26 B. Contractor: Randall Funding & Development, LLC
27 824 E Street
28 San Rafael, CA 94901
29
30 11. Representatives of the Parties and Service of Notices
31
32 The representatives of the parties who are primarily responsible for the
33 administration of this Agreement, and to whom formal notices, demands and
34 communications shall be given, are asfollows:
35
36 A. The principal representative of City shall be:
37
38 , or his/her designee
39 City of Tigard
40 13125 S.W. Hall Blvd.
41 Tigard, OR 97223
42
43
. 1
1 B. The principal representative of Contractor shall be:
2
3 Daniel J. Randall, Managing Partner
4 Randall Funding & Development, LLC
5 824 E Street
6 San Rafael, CA 94901
7
8 C. Formal notices, demands and communications to be given hereunder by i
9 either party shall be made in writing by personal delivery or mail,
10 registered or certified, postage prepaid.
11
12 D. If either party changes its representative or the address at which to receive
13 notice, demand or communication hereunder, it shall give notice of such
14 change within five (5) working days of said change. (Working days shall
15 be defined as Monday through Friday for purposes of this Agreement.)
16
17 III. Objective
18
19 A. The objective of this Agreement is for Contractor to raise new grant funds
20 for the City.
21
22 B. Both parties agree that the professional services to be provided in this
23 Agreement shall be directed to one or more of the following priority areas
24 (hereinafter, collectively, the "priority areas"):
25
26 1. Criminal Justice Technology and Programs;
27 2. Other Technology;
28 3. Housing and Housing Programs;
29 4. Transportation;
30 5. Infrastructure;
31 6. Social Services;
32 7. Health Services;
33 8. Other areas/departments, as mutually agreed upon by both parties.
34
35 IV. Description of Work
36
37 A. City hereby engages Contractor, and Contractor accepts such engagement,
38 to perform the services set forth in the "Scope of Services" in Section V
39 below. Contractor shall perform and complete, in a manner satisfactory to
40 City, all work and services described herein. City Representative, or the
41 Representative's designee, shall have the right to review and inspect the
42 work during the course of its performance at such times as may be
43 specified by the Representative.
44
45
. 2
I V. Scope of Services
2
3 A. General Description
4
5 Contractor agrees to provide general grant writing services to make and
6 submit complete grant applications on City's behalf. Contractor agrees to
7 provide any and all services required to effectively achieve the objective of
8 this Agreement. Any work conducted outside the scope of this Agreement
9 is subject to additional fees and no such additional work shall be
10 undertaken except pursuant to an amendment to this Agreement signed by
11 both parties.
12
13 B. Research & Grants Alert
14
15 Contractor will research potential funding sources for City to identify
16 potential grant funds for City. Contractor shall advise the City of potential
17 funding'sources via a weekly "Federal Grants Alert."
18
19 C. Research, Assessment and Funding Plan
20
21 1. Within thirty (30) days before or after execution of this Agreement,
22 Contractor agrees to facilitate and conduct an assessment meeting
23 for the priority areas.
24
25 2. Within forty-five (45) days of the assessment meeting or within
26 forty-five (45) days of the execution of this agreement, whichever
27 comes later, Contractor agrees to generate and provide City an
28 "initial" report of potential funding sources for specified projects
29 within the priority areas.
30
31 3. City agrees to discuss this "initial" report to determine the most
32 effective funding sources for each specified project and priority
33 area.
34
35 4. Contractor agrees to cull out those sources that are deemed not
36 effective. Contractor shall then generate and deliver a Final
37 Funding Report listing funding sources mutually agreed upon.
38 Such Final Funding Report shall be considered for grant
39 application authorization for the duration of this Agreement,
40 subject to the availability of, and appropriations to, each source
41 identified in the Final Funding Report. Contractor agrees to
42 deliver the Final Funding Report within ten (10) working days of
43 the discussion provided for in Section V.C.3.
44
45 5. City agrees to provide Contractor access to its staff for the
46 Assessment meeting and Initial Funding Report review described
3
1 above. City's failure to provide this access may cause delays,
2 resulting in delay in completing the resulting Final Funding Report.
3
4 D. Grants Alert
5
6 1. Both parties understand and agree that other funding sources not
7 set forth in the Final Funding Report may be identified or become
8 available.
9
10 2. Contractor agrees to conduct continued research during the term of
11 this Agreement and to compile a report of grant funding sources as
12 they become available or are announced.
13
14 3. Contractor agrees to provide this information weekly to City in the
15 "Federal Grants Alert."
16
17 4. City agrees to review and contact Contractor if any sources listed
18 in the "Federal Grants Alert" address any of the priority areas.
19
20 5. City shall elect to receive the "Federal Grants Alert" via facsimile
21 transmission or electronic mail. One copy of said alert shall be
22 furnished to City's Representative each week.
23
24 E. Information Provision
25
26 1. As soon as possible, and in all cases prior to City's authorization to
27 prepare an application for funding, Contractor shall notify City
28 whether, and the amount of, any matching funds which may or
29 shall be required from City in order to qualify for award of
30 funding, or which may or shall be required to complete tasks
31 identified in the objectives of a specific application.
32
33 2. The parties shall discuss the potential funding sources and identify
34 sources of particular interest to City.
35
36 3. Contractor shall have first opportunity to write the grant
37 applications for all sources identified to City by Contractor based
38 on the Funding Reports and "Federal Grants Alert."
39
40 4. Upon written request by City, Contractor shall provide it a copy of
41 the Request for Proposal ("RFP") for each funding source specified
42 by City, such copy to be provided within five (5) working days of
43 said request and subject to the availability of the RFP.
44
4
1 F. Conditions of RFPs
2
3 1. City understands that the RFPs contain all conditions, regulations,
4 and requirements associated with the grant for use of any funds
5 awarded by the funding source. City accepts responsibility for
6 understanding the terms and conditions and for complying with
7 said terns and conditions.
8
9 2. City shall review the requested RFPs within five (5). working days,
10 or by a time mutually agreed upon by both parties, from the date of
11 the City's receipt of RFPs.
12
13 G. Authorization of Proposals Identified
14
15 1. Following City's review, and before Contractor prepares any
16 application, City shall authorize Contractor in writing to prepare
17 and submii such application. City reserves the right to review and
18 approve any application that Contractor prepares. City shall not
19 unreasonably withhold approval for submission.
20
21 2. City's authorization to apply for $1,750,000 in potential grant
22 sources under this clause shall be constitute City's fulfillment of its
23 obligation to provide Contractor a "Reasonable Opportunity" as
24 defined in Section VI.
25
26 H. Program Design for Authorized Proposals
27
28 1. For any application authorized to be prepared by Contractor,
29 Contractor shall meet with the City to develop a program design
30 for the parameters of such grant application.
31
32 a. Contractor shall provide at this meeting a written list of all
33 information reasonably necessary to submit the application.
34
i 35 b. City agrees to use its best efforts to provide Contractor
36 requested materials within seven (7) working days of the
37 program design meeting, or by a time mutually agreed upon
38 by both.
a 39
40 (i) Any time other than seven (7) working days
3 41 mutually agreed upon shall be determined during
a 42 this meeting, initialed by a department
43 representative at the program design meeting, and
44 returned to Contractor.
45
5
On!
I (ii) "Provision of information" or "provision of
2 requested materials" shall include, but are not
3 limited to, the reasonable provision of complete and
4 accurate disclosure of financial, programmatic or
5 other information Contractor requests to complete
6 authorized applications.
7
8 c. Where both parties agree, Contractor may pursue
9 applications with short deadlines by using teleconferencing
10 to develop program design.
11
12 (i) Upon faxed and initialed approval by City,
13 Contractor shall request that all requisite supporting
14 information be provided it either orally or in
15 writing.
16
17 (ii) City agrees to provide Contractor all such requisite
18 supporting information within seven (7) working
19 days from the date of the request or within such
20 other time mutually agreed upon by both parties.
21
22 I. Grant Writing
23
24 1. Contractor shall be responsible to write grant applications
25 identified by, and in cooperation with City, and within the twenty-
26 four (24) month duration of this Agreement, to obtain at least
27 $500,000 in grant approvals allocated to the priority areas.
28
29 2. Contractor agrees to review all potential funding opportunities with
30 City and to receive written approval to submit applications from
31 City, prior to any solicitation efforts by Contractor. City's approval
32 to proceed shall not unreasonably be withheld. As Contractor
33 requests requisite supporting information from City, City agrees to
34 use its best efforts to provide requested materials within seven (7)
35 working days, or within such other time mutually agreed upon by
36 both parties.
37
38 VI. Reasonable Opportunity
39
40 A. City shall provide Contractor a reasonable opportunity to solicit grant
41 funding identified by Contractor in order to permit Contractor to achieve
j 42 the objective of this Agreement.
43
44 B. "Reasonable Opportunity" means City's authorization to apply for a
45 minimum of $1,750,000 in grant funding sources identified to City by
6
I Contractor through the Funding Reports and "Federal Grants Alert" and
2 addressing the priority areas, within ten (10) months from the date of
3 execution of this Agreement.
4
5 C. The Guarantee defined in this Agreement is subject to City providing
6 Contractor a reasonable opportunity as defined herein.
7
8 VII. Guarantee and Definitions
9
10 A. Contractor agrees to guarantee that as a result of its services hereunder
11 City shall "receive" a minimum of $500,000 in "funding" for the priority
12 areas within the term of this Agreement ("the Guarantee").
13
14 B. Contractor agrees to work in good faith and to continue to solicit funding
15 until City "receives" this threshold amount of "funding".
16
17 C. For purposes of this Agreement, "received" and "funding" shall include
18 notification-of-award letters, or other equivalent notifications that City
19 receives from funding sources solicited by Contractor pursuant to this
20 Agreement, and shall include multi-year funding awards.
21
22 D. In determining if the Guarantee has been attained, multi-year awards shall
23 be included in calculating funds "received," to include any and all grant
24 funding sources authorized by City and solicited by Contractor under this
25 Agreement. For example, a grant award of $200,000/year for a two-year
26 period shall be considered an award of $400,000, and this $400,000 shall
27 be applied toward the Guarantee and incentive amounts under this
28 Agreement.
29
30 E. If Contractor is not successful in attaining a minimum of $500,000 in City
31 approved grant funding for City, and City has provided a Reasonable
32 Opportunity to Contractor within ten (10) month period, Contractor shall
33 continue to provide grant research and writing services until the $500,000
34 Guarantee amount is attained.
35
36 F. Both parties agree that, should City not provide the Reasonable
37 Opportunity to Contractor, Contractor, at its discretion, may elect to
38 calculate a pro-rated guarantee based on 10% of the dollar amount of grant
39 applications authorized by City during the applicable ten (10) month
40 period.
41
42 G. If the sources for which the City authorizes application be made have
43 previously been funded through City's efforts within twelve (12) months
44 prior to the date of execution of this Agreement, only funding in excess of
45 City's previous award within that twelve (12) month period, shall be
7
ins 1111~ 111
I attributed to the Guarantee. The value of previous awards shall not
2 include matching funds, but only those funds from the granting
3 agency(ies).
4
5 H. "Previous award" shall mean any funding that the City received from the
6 funding source during the twelve (12) months immediately prior to the
7 date of execution of this Agreement.
8
9 I. Where (i) there is a mutually-identified source, (ii) City successfully
10 received a previous award, and (iii) Contractor feels its efforts are not
11 likely to result in exceeding this previous award amount, Contractor
12 retains the right to decline to solicit the source and agrees to permit City to
13 solicit the source outside the terms of this Agreement.
14
15 VIII. Compensation, Costs, and Method of Payment
16
17 A. Payment Schedule
18
19 1. City shall pay Contractor a fee of $3,000 per month with the initial
20 payment due upon execution of this Agreement. The payments
21 shall be due the I" of each month for a period of twenty-four (24)
22 months.
23
24 2. City, at is option, may cancel this Agreement after month twelve
25 (12). City and Contractor agree that if the City elects to cancel this
26 Agreement after month twelve (12), the monthly payments would
27 cease effective the following month of cancellation.
28
29 3. City and Contractor agree that the Guarantee is contingent upon
30 City meeting the Reasonable Opportunity and the full twenty-four
31 (24) month term of this Agreement.
32
33 B. Incentive Structure
34
35 1. If Contractor's services under this Agreement result in City
36 receiving grant awards in excess of $500,000, Contractor shall
37 receive an incentive payment in an amount equal to 10% (8% due
38 and payable by City and 2% provided by Contractor to City pro-
39 bono/no charge) of all such funding that City is awarded above
40 $500,000. Upon notification of funding approval by the granting
41 agency incentive payment shall be due within thirty (30) days of
42 receipt of invoice.
43
44 2. Incentive payments shall not exceed $350,000 for the duration of
45 this Agreement.
8
1
2 3. Both City and Contractor understand and acknowledge that any
3 grant funds City receives cannot and will not be used to pay
4 Contractor any fees or other amounts under this Agreement.
5
6 4. City shall make such incentive payment(s) to Contractor, subject to
7 the termination provisions of Section XI, for all funding for which
8 Contractor has made application and which are still pending upon
9 termination hereof and which thereafter result in such funding
10 approvals in excess of $500,000. Total incentive payments shall
11 not exceed $350,000.
12
13 IX. Obligations of Contractor
14
15 A. Tools and Instruments
16
17 Contractor will supply all necessary tools and equipment associated with
18 performing its services under this Agreement. These include, but are not
19 limited to, word processing and spreadsheet software; computer, printer,
20 paper, supplies; telephone, fax machine, typewriter, modem, floppy disks,
21 research materials, and any other instruments required. City shall provide
22 all information pertinent to the Contractor's performance both hard copy
23 and computerized format using appropriate P/C software formats
24 (including Word for Windows, Microsoft Access, Excel, or other mutually
25 agreed upon formats).
26
27 B. Workers' Compensation
28
29 Contractor shall provide Workers' Compensation Insurance in amounts
30 prescribed by Section XII.M.1A for its own employees and agrees to
31 defend, hold harmless, and indemnify City for any claims including but
32 not limited to claims arising out of injury, disability, or death of any of
33 Contractor's employees, subcontractors or agents in connection with any
34 tasks or duties in performing this Agreement.
35
36 C. State and Federal Taxes
j 37
i 38 1. Contractor shall be responsible for paying all required state and
i 39 federal taxes and insurance.
40
41 2. City will not:
3 42
a 43 a. Withhold FICA;
44 b. Make state or federal unemployment insurance
45 contributions on behalf of Contractor;
9
I c. Withhold state or federal income tax from Contractor's
2 payments;
3 d. Make disability insurance contributions on behalf of
4 Contractor;
5 e. Obtain Workers' Compensation Insurance on behalf of
6 Contractor.
7
8 B. Employee Benefits
9
10 Contractor is an independent Contractor with respect to the City'and none
11 of Contractor's employees, subcontractors or agents shall be entitled to any
12 benefits typically associated with employee -status, such as health
13 insurance, sick leave or vacation benefits.
14
15 E. Reporting of Activities
16
17 Contractor agrees to provide City monthly written reports, at City's
18 request, documenting all efforts undertaken that month, including but not
19 limited to grants targeted, actual grants and other funding sources
20 solicited, and grants received.
21
22 X. Obligations of City
23
24 A. Cooperation of City Staff, Agents, Employees and Sub-Contractors
25
26 1. City agrees to comply with all reasonable requests of Contractor
27 and to provide access to pertinent documents necessary for
28 Contractor to provide services under this Agreement.
29
30 2. Such pertinent documents include but are not limited to budget
31 information, previously written proposals, background, research
32 and other source documents, demographic data, and review of
33 proposal drafts.
34
35 3. City understands the services offered and described in this
36 Agreement are time-sensitive, and City will comply with all
37 Contractor's informational requests by ensuring Contractor receives
38 all reasonable requests for information within the time period, as
39 specified in this Agreement.
40
41 B. Place of Work
42
43 City does not guarantee Contractor's personnel a place of work for work
44 on authorized applications. However, City may provide temporary
10
1 workspace for Contractor's personnel for work gathering pertinent data for
2 authorized applications.
3
4 XI. Termination of Agreement
5
6 A. Termination by City
7
8 1. City, at its option, may terminate this Agreement upon ten (10)
9 days prior written notice to Contractor if Contractor defaults in
10 providing services under this Agreement or materially breaches any
I 1 of its provisions.
12
13 2. Contractor shall have the right and opportunity to cure any such
14 material breach within the ten (10) day period.
15
16 3. Notwithstanding termination of this Agreement for Contractor's
17 default, Incentive Fees shall be paid to Contractor for City
18 authorized applications that Contractor has already submitted by
19 Contractor to a granting agency, provided Contractor proves that
20 no default is related in any way to said pending application.
21
22 B. Termination by Contractor
23
24 1. Contractor, at its option, may terminate this Agreement by giving
25 ten (10) days written notice to City if City, its staff, employees,
26 agents and/or representatives default in performing this Agreement
27 or materially breach any of its provisions.
28
29 2. City shall have the right and opportunity to cure any such material
30 breach within the ten (10) day period.
31
32 C. Miscellaneous
33
34 Both parties agree that in the event the funding source requires
35 modifications to a pending application, Contractor will make the required
36 modifications.
37
38 XII. General Provisions
39
40 A. Entire Agreement of the Parties
41
42 1. This Agreement supersedes any and all prior proposals,
43 Agreements, understandings, or other Agreements, either oral or
44 written, between the parties regarding the rendering of services in
45 any manner whatsoever.
' 11
1
2 2. This Agreement contains all the covenants and agreements
3 between the parties and any modification of the Agreement shall
4 not be effective unless in writing and signed by both parties.
5
6 D. Severability
7
8 If a court of competent jurisdiction holds any provision of this Agreement
9 to be invalid, void or unenforceable, the remaining provisions shall
10 nevertheless continue in full force without being impaired or invalidated in
11 any way.
12
13 C. Government Documents
14
15 1. Contractor agrees to file all necessary governmental documents,
16 including appropriate tax returns, reflecting its status as an
17 independent Contractor of City hereunder.
18
19 2. Should any governmental agency audit the files of either party and
20 request information on Contractor or City, Contractor and City
21 agree immediately to furnish such party with any records, including
22 tax returns, relating to such party's services rendered hereunder.
23
24 D. Non-Discrimination
25
26 Contractor shall comply with all applicable federal, state and local laws
27 and regulations with regard to its services rendered hereunder and shall
28 not discriminate on the basis of age, ancestry, color, gender, marital status,
29 medical condition, national origin, physical or mental disability, race, or
30 religion.
31
32 E. Recommendations
33
34 Both parties understand that Contractor may recommend vendors,
i 35 methodologies and other related matters during the course of this
36 Agreement. Both parties agree that such recommendations are based
37 solely on its knowledge or evaluations derived from its Contractor
a 38 experience. City accepts full responsibility for accepting or rejecting such
i 39 recommendations throughout the grant application and award process, and
40 shall only take such action having independently verified the
41 appropriateness of such vendors, methodologies or other matters for its
1 42 own needs.
43
12
1
2 E. Independent Contractor
3
4 1. All acts of Contractor, its agents, officers, subcontractors or
5 employees and all others acting on behalf of Contractor relating to
6 the performance of this Agreement, shall be that of independent
7 Contractors and not of agents, officers, subcontractors or
8 employees of City. This Agreement confers or. Contractor no
9 authority to bind or obligate City. Contractor has no authority or
10 responsibility to exercise any rights or power vested in City. Both
11 City and Contractor understand that this Agreement shall not under
12 any circumstances be construed or be deemed to create an
13 employer-employee relationship or joint venture.
14
15 2. Contractor, its agents, officers, subcontractors and employees shall
16 represent and conduct themselves as independent Contractors and
17 not as employees of City at all times during the term of this
18 Agreement.
19
20 3. Contractor shall determine the method, details and means of
21 performing its work and services under this Agreement.
22 Contractor shall be responsible to City only for the requirements
23 and results specified in this Agreement, and, except as expressly
24 provided in this Agreement, shall not be subject to City's control
25 with respect to the means or methods Contractor shall employ to
26 fulfill its obligations hereunder. Contractor shall have full control
27 over the manner and means of performing its services hereunder.
28
29 4. As an independent Contractor, Contractor hereby indemnifies and
30 holds City harmless from any and all claims that may be made
31 against City based on any other party's contention that an
32 employer-employee relationship exists by reason of this
33 Agreement.
34
35 G. Exclusivity
36
37 1. Contractor retains the right to provide services for others during the
38 term of this Agreement and is not required to devote services
39 exclusively to City.
40
41 2. City agrees not to use any other outside contractor or consultant to
42 research, target and write grants or related funding applications
43 during the term of this Agreement.
44
13
1 3. City retains the right to use City staff to write grant proposals and
2 pursue funding sources that City staff shall have researched,
3 targeted or solicited independent of this Agreement.
4
5 4. Where City and Contractor have identified potential grants directly
6 related to funding priority areas, City and Contractor agree that
7 Contractor shall have the first opportunity to solicit these sources.
8
9 H. Materials
10
11 l . All reports, drawings, designs, graphics and other incidental work
12 or materials Contractor furnishes hereunder shall become and
13 remain the property of City, and may be used by City without any
14 additional cost to City.
15
16 2. If, as part of this Agreement, Contractor is required to produce data
17 such as, but not limited to, drawings, plans, diagrams
18 specifications, calculations, models, flow diagrams, visual aids,
19 and other related materials, Contractor shall deliver the originals of
20 all such materials shall to City.
21
22 3. Contractor will return all copies of materials borrowed or
23 reproduced hereunder. Contractor agrees that all materials, data or
24 information obtained from City in performing this Agreement shall
25 at all times remain City's property.
26
27 4. City agrees that all materials, data and information produced or
28 used in the execution of services associated with this Agreement
29 may be reproduced or used outside this Agreement, for any reason,
30 without prior written consent of City.
31
32 I. Conflict of Interest
33
34 1. Contractor warrants that it presently has no interest and shall not
35 acquire any interest which would conflict with its performance or
36 services hereunder. Contractor further warrants that, in performing
37 this Agreement, it shall not employ any person having such an
38 interest. This clause shall in no way prohibit Contractor from
39 performing similar services for other Cities.
40
41 2. No member, official or employee of City shall be personally liable
42 to Contractor, or any successor in interest, in the event of any
43 default or breach by City, or for any amount which may become
44 due to Contractor or successor or on any obligations hereunder.
45
14
1 3. Contractor warrants that it has not paid or given, and will not pay
2 or give, any third person any money or other consideration for
3 obtaining this Agreement.
4
5 4. No member, official, or employee of City shall have any personal
6 interest, direct or indirect, in this Agreement, nor shall any such
7 member, official, or employee participate in any decision
8 hereunder which affects their personal interests, or the interests of
9 any corporation, partnership or association in which. they are
10 directly or indirectly interested.
11
12 J. Assignment
13
14 Neither this Agreement nor any portion thereof may be assigned without
15 the express prior written consent of City. City understands and agrees that
16 Contractor uses and has maintained relationships with subcontractors who
17 perform research and writing services.
18
19 K. Waiver
20
21 If any party waives any breach of any provision of this Agreement, such
22 waiver shall be in writing and shall not operate or be construed as a waiver
23 of any other provision or subsequent breach of this Agreement unless so
24 specified in such waiver.
25
26 L. Headings Not Controlling
27
28 Headings used in this Agreement are for reference purposes only and shall
29 not be considered in construing this Agreement.
30
31 M. Insurance
32
33 1. Contractor shall provide, at its own expense, and maintain at all
34 times the following insurance, with an insurance company rated
35 A-VIII or better, and shall furnish original certificates and
36 amendatory endorsements affecting coverage.
37
38 a. Workers' Compensation
39
40 (i) Workers' Compensation coverage shall be
3 41 maintained as required by law, including employer's
42 liability limits of at least $1,000,000 per occurrence.
43
44 (ii) The Workers' Compensation insurer shall agree to
45 waive all rights of subrogation against City, its
15
MIJ
I agents, officers, employees, and volunteers for
2 losses arising from work performed by Contractor
3 for City.
4
5 b. Professional Liability Insurance
6
7 (i) Contractor shall maintain professional liability
8 insurance (errors and omissions) in an amount not
9 less than $1,000,000 for any damages which may
10 arise, directly or indirectly, out of any errors and
11 omissions committed by Contractor in performing
12 this Agreement.
13
14 c. Comprehensive General Liability
15
16 (i) Insurance with a minimum limit per occurrence of
17 $1,000,000 for bodily injury and $100,000 for
18 property damage, or $2,000,000 combined single
19 limit.
20
21 (ii) This insurance shall indicate on the certificate of
22 insurance the following coverages and indicate
23 policy aggregate limit applying to: premise and
24 operations, broad form Agreement, independent
25 contractors and subcontractors, products and
26 completed operations, and/or professional liability.
27
28 d. Automobile Liability Insurance
29
30 (i) Contractor shall maintain motor vehicle liability
31 insurance (including non-owned and hired motor
32 vehicles) and excess liability insurance against all
33 claims for injuries against person or damages to
34 property which may arise from or in connection
35 with the operation of motor vehicles by Contractor,
36 Contractor's agents, representatives, employees or
37 subcontractors in the course and scope of providing
38 services to City. Liability insurance shall provide at
39 least for coverage in amounts of up to $75,000
40 property damage, $100,000 personal injury per
41 person, and $300,000 personal injury per incident.
42
43
16
1 N. Non-Liability of Officials and Employees of City
2
3 No member, official, or employee of City or City shall be personally liable
4 to Contractor or any successor in interest, in the event of any default or
5 breach by City or for any amount which may become due to Contractor, its
6 successors, or on any obligations under the terms of this Agreement.
7
8 O. Governing Law
9
10 This Agreement shall be governed by the laws of the State of Oregon.
11
12 P. Hold Harmless and Indemnification
13
14 The parties agree to the following hold harmless agreement:
15
16 Contractor shall defend, indemnify and hold harmless the City, its officers,
17 officials, employees and agents from and against all losses, claims,
18 demands, payments, suits, actions, recoveries and judgments of every
19 nature and description brought, threatened or recoverable against it or
20 them by reason of any negligent or willful act of Contractor, its agents or
21 employees during the term of this Agreement, whether or not there is
22 concurrent negligence on the part of City, but excluding liability due to the
23 active negligence or willful misconduct of City.
24
25 Q. Effective Date
26
27 Unless otherwise specified herein, this Agreement shall become effective
28 as of the date on which the last of the parties, whether City or Contractor,
29 executes it.
30
31 R. Legal Proceedings/Dispute Resolution
32
33 The parties shall, to the extent reasonably feasible, use good faith efforts to
34 resolve disputes regarding the interpretation or application of any
35 provision of this Agreement.
36
37
17
1 XIII. Signatures:
2
3 City of Tigard, OR Randall Funding & Development, LLC
4 By: By:
5
6 Don Duncan, General Pailner
7
8
9
10 Signature Signature
11
12
]3
14 Date of Execution Date of E ecution
15
16
17 Attest to Legal Form
18
19
20
21
22 City Attorney
23
24
25 Attest to Form:
26
27
28
29 Clerk to the Council
30
31 Seal of City:
32
7
i
i
i
i
i
18
3-1-01
Reference: Telephone contact with Don Duncan
Randall Funding and Development
I talked on the telephone with Don on 3-1-01. He gave me a general overview of
how the process works and some general info on them their success rate for
grants they apply for is 65% to 70%.
We talked about the current COPS grant opportunities
I called three of their references:
#1 James Edwards, Budget Director, Fort Bend County, TX
1-281-344-3937
He advised the Co was extremely hard working and quite successful, very
aggressive and had gotten them several grants. Their grants were for 16 police
officers, an electronic service delivery system to get info out to all the County
residents, for transportation and environmental areas. He estimated they have
received about $3 to 4 M.
He said they come in a do a thorough needs assessment and then they keep in
constant contact, advising of grant opportunities and new information.
Not a down side but something he said you need to keep in mind that if you go
this route be prepared they call constantly, they need a contact person that can
get them the info they need (which sometimes can be voluminous and short
turnaround, and then make sure you have adequate personnel to monitor the
grants (the reporting that is required and also have match money available).
Be prepared to get what you want and be very aware of the strings that are
attached to all grants.
#2 Mr. Andy Atkinson, Deputy Manager, New Hanover County, No Carolina.
1-510-341-7184
He said they were very please with the company and had been very successful.
They have received 4 out of the 5 grants they applied for - about $3.5 M. The
grants were in the COPS for more officers, a homeless Veterans grant, mental
health, social services and transportation.
He says each week they receive alerts about grants and information and then
you decide what you want to pursue - the Co. assigns a contact person and then
you are off - they are very aggressive.
He also stated their contract stated there was a 10% cost for grants received
over a certain amount and in mid-term he call the CO, and negotiated a gradual
rate. He felt the 10% was too high. Even with them being on the East Coast the
Co. has no problem in contacting them.
#3 Lt. Doug Kingery, Bell Garden, Calif. PD
10562-806-7693
He said they are in a 2 year contract and his advise was hire them, excellent
service and very aggressive. They applied for 5 grants, received 2 for $250,000
and one for is pending. Their grant areas were for Beverage control and some
kind of a first aid grant. Their PW is in the process of applying for 2 grants (total
$1 M) and they feel very good about their chances of getting it. He said they
don't leave you alone, they are constantly calling. They are in the first year of a
2-year contract.
Summary: They all made reference to making sure you have personnel
for them to readily contact that can get them all the info (tons of info they
will want) and that you have someone that will oversee the grants and that
you have hard or soft match available.