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City Council Packet - 05/22/2001€TT#sZ~7:l TIGARD CITY COUNCIL MEETING MAY 22, 2001 COUNCIL MEETING WILL E TELEVISED H yeannleWocSlCCPW3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 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 two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 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: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - May 22, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MAY 22, 2001 6:30 PM • STUDY MEETING > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor relations under ORS 192.660(d) 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. > PREVIEW CITY SPONSORSHIP RESOLUTIONS AND AGREEMENTS i Staff Report: City Administration Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) i Webelo Boy Scout Troop 7:40 PM 3. PROCLAMATION: DECLARE WEEK OF MAY 20-26, 2001 AS EMERGENCY MEDICAL SERVICES WEEK • Mayor Griffith Presentation by Metro West Ambulance COUNCIL AGENDA - May 22, 2001 page 2 7:40 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an Item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: April 10, 2001 4.2 Receive and File: • Apprise City Council of Expenditure of Far fciture Funds - Clandestine Lab Equipment 4.3 Make a Reimbursement Declaration and Authorize Subsequent Reimbursement Actions - (City of Tigard Library) - Resolution No. 01- Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 5. LIBRARY SUMMER UPDATE a. Staff Report: Library Department b. Council Discussion 7:55 PM 6. COUNCIL LIAISON REPORTS 8:05 PM 7. NON AGENDA ITEMS 8. CITY MANAGER REVIEW 9. 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. ADJOURNMENT \\TIG333\USMDEPTS ADWCATHY\CCA\010522.DOC COUNCIL AGENDA - May 22, 2001 page 3 Agenda Item No. 3. Meeting of 1- 24- b/ TIGARD CITY COUNCIL MEETING MINUTES MAY 22, 2001 STUDY SESSION ➢ Council Present: Mayor Griffith; Councilors Dirksen, Moore, and Patton. ➢ The meeting was called to order at 6:30 p.m. ➢ Administrative Items: City Manager Monahan advised that there might be visitors during the "Visitors Agenda" portion of the meeting who will want to speak about right-of-way maintenance and also members of Tigard staff who will want to inquire about health insurance. City Manager Monahan noted that a correction to the April 10, 2001, meeting minutes was submitted to the City Council. On Page 6, Consideration by Council for Resolution No. 01-14, should read: "Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Resolution No. 01-14. Additional information was distributed to the City Council on "Take the Time Washington County," which is a School District program for which the District is asking for endorsement by the City Council. - Metro Councilor Carl Hosticka has requested a meeting with Tigard officials. Also expected to attend would be Jeff Roach (Trust for Public Lands), Tom Brian (Commission Chair for Washington County), Dick Shouton (Commissioner for Washington County), John Griffith (Tualatin Hills Parks 8E Recreation), and Bill Gaffi (Unified Sewerage Agency). After discussion, it was determined that Councilors Moore and Dirksen could meet either on June 6 or June 18, 2001. > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:35 p.m. to discuss labor relations, real property transaction, and pending litigation under ORS 192:660(1)(d)(e) and (h). Executive Session adjourned at 7:30 p.m. Note: Council continued discussion of Study Session agenda items after the Business Agenda. COUNCIL MEETING MINUTES - May 22, 2001 page 1 1. BUSINESS MEETING 1.1 Mayor Griffith called the Council and Local Contract Review Board meeting to order at 7:37 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, and Patton 1.3 Pledge of Allegiance 1.4 Council Communications 8s Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: City Manager Monahan noted that several study meeting topics will be continued for further discussion after the business meeting agenda items are reviewed by the Council. 2. VISITOR'S AGENDA Paul Hunt, 10320 SW Century Oak Drive, Tigard, Oregon 97224 testified with regard to City regulations on maintenance of the rights-of-way and sidewalks on major collectors in the City of Tigard. Mr. Hunt requested that he be allowed to use the time of others who have signed up on this subject to submit comments, advising he was speaking as a representative of the Summerfieid Civic Association and its members. A written copy of Mr. Hunt's comments is on file with the City Recorder. Brief Council discussion followed. Mr. Hunt was advised that this item was scheduled for further Council review on June 12, 2001. Webelo Boy Scout Troop--Scott Boysen of a local Webelo Boy Scout Troop advised that he and several members were present at the City Council meeting as a requirement to earn a citizenship badge. Mayor Griffith welcomed the Troop members and presented them with a City of Tigard logo pin. Michael Smith, 11645 SW Cloud Court, Tigard, Oregon, advised he represented Tim Roth who was negotiating a real estate transaction with the City of Tigard. City Attorney Ramis advised Mr. Smith that the Council has given instructions to City staff with regard to the City's position on this transaction. He told Mr. Smith that it is not the normal process to negotiate across the bench. City Manager Monahan advised Mr. Smith that staff would be contacting him tomorrow. 3. PROCLAMATION: COUNCIL MEETING MINUTES - May 22, 2001 page 2 4. 4. 6. Mayor Griffith declared the week of May 20-26 as Emergency Medical Services e noted the e of been has Week. Mr. D. Fuiten of Met W~ 27mncHe present d the City Counc lrwith Metro West to serve Tigard for the years. a plaque. CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Moore, to approve the Consent Agenda: 4.1 Approve Council Minutes: April 10, 2001 4.2 Receive and File: Apprise City Council of Expenditure of Forfeiture Funds - Clandestine Lab Equipment 4.3 Make a Reimbursement Declaration and Authorize Subsequent Reimbursement Actions - (City of Tigard Library) - Resolution No. 01-25 The motion was approved by a unanimous vote of Council present. Library Director Margaret Barnes up a e programs, including: Technology classes for adults Cultural pass program Classes for parents and caregivers Teen's and children's summer reading program Fridays by Request (The Library is now open until 9 p.m. on Fridays. During ]une, there will be musical entertainment on Fridays sponsored by the Friends of the Library.) LIBRARY SUMMER UPDATE d t d the City Council on the Library Summer There was brief discussion on the use of the Internet at the Library. Ms. Barnes noted for children there is one "filtered" workstation. In addition, there are privacy screens on computer stations, so patrons walking behind computer users cannot easily view what is on the computer screen. COUNCIL LIAISON REPORTS The Mayor, City Manager Monahan, and Assistant to the City Manager Newton will attend an upcoming VisionWest event. s A Washington County Cooperative Library Association (WCCLS) event will occur on Friday, May 25, 3-5 p.m., featuring musician/dancer Chata Addy at Fanno Creek Park. ® Announced that there will be a Tri-Met event on Thursday, May 24, 1-1:30 p.m. at the Tigard Transit Center at SW Main and Commercial Streets. This ceremony selection of Ride will recognize the American national Welfare-to-Work laAward. Connection and Tn-Met for a page 3 COUNCIL MEETING MINUTES - May 22, 2001 • Announced that the Tualatin Hills Park 8t Recreation District Is holding a public celebration for the Fanno Creek Trail (which nuns from Garden Home Recreation Center to 9211 and Allen Boulevard) on Saturday, June 2, 2001, 10 a.m. - Noon. 7. NON AGENDA ITEMS: None Study Meeting items were continued at this time (8:20 p.m.) > Olympic Torch Run - After brief discussion, Council directed the City Manager and City Recorder to determine how to select a judge(s) for the Olympic Torch Run applicants. Judges will be needed to review applications for Torch Bearers in our region, the Columbia River Region. > Memorial - On Friday, May 25, there will be a dedication of a memorial bench in honor of Jo Hayes, past City of Tigard employee who passed away in January 2001. The service will be held at 8:30 a.m. at the front of City Hall. > Preview City Sponsorship Resolutions and Agreements O City Recorder Wheatley reviewed the staff report for this agenda item. The staff report is on file with the City Recorder. After brief discussion, it was determined that the agreements for the three events should be more specific to the event (i.e., Balloon Festival, Broadway Rose and 41 of July). Councilor Patton offered to assist with reviewing language for the 4' of July organization. This item will return to Council for further review. > TAKE THE TIME WASHINGTON COUNTY Mayor Griffith updated Council on the recent meeting he attended with regarded to this "asset" assessment survey, which may be administered to selected School District students (6t', 80' and 101 grades). Information was previously distributed to the City Council for review. Lengthy discussion followed. It was noted that the assessment would be used to determine programming for students. Several Council members expressed concern about endorsing the survey. They expressed reservations about whether this was within the ai.,hority/expertise of the City Council. After discussion, City Manager Monahan was directed to advise the School District that the City Council did not want to be listed on the endorsement letter. However, the Council will support the School District's decision since the Council is confident in the District's leadership on these kinds of educational issues. The Council is not comfortable in making a decision on the merits of the survey since it is beyond the Council's authority. If the District chooses to administer the survey, the Council will be anxious to learn the results and will support programs identified as a result. COUNCIL MEETING MINUTES - May 22, 2001 page 4 ➢ The Council briefly reviewed with City Attorney Ramis a letter received from City County Insurance Services (CIS) regarding personal liability exposure for public elected officials. The letter serves to remind Council members of the parameters of authority allowed through their elected status as outlined within said letter. A copy of the CIS letter is on file with the City Recorder. ➢ City Manager Monahan reviewed the ICMA/USAID Program (further described in a May 18, 2001, memorandum from the City Manager to the City Council, which Is on file with the City Recorder). Consensus of Council was that it favored further consideration. City Manager advised a proposed resolution would be presented for formal approval at the ]une 12, 2001, City Council meeting. 8. CITY MANAGER REVIEW (Discussed in Executive Session; criteria of the review will be based upon the provisions of the City Manager's employment agreement.) 9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:10 p.m. under the provisions of ORS 192.660 (1) (1) to review and evaluate the employment-related performance of the chief executive officer. 10. AD]OURNMENT: 9:26 p.m. City Recorder, Catherine Wheatley Attest: L 1, - W, a-- -C-) a or Ci f i Date: A), Qc»a I:WDM\CATFMCCM\010522.D0C COUNCIL MEETING MINUTES - May 22, 2001 page 5 AGENDA TIGARD CITY COUNCIL STUDY MEETING MAY 22, 2001 - 6:30 p.m. The Study Meeting is held in the Red Rock Creek Conference Room. Enter at the back of Town Nall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Meeting to the Town Nall. > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor relations and real property transaction negotiations under ORS 192.660 (d) and (e). All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any Information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. Executive sessions are closed to the public. > ADMINISTRATIVE ITEMS: 0 Tonight's Meeting: -Visitor's Agenda: Potentially there may be visitors to speak about Right-of-Way Maintenance (Sidewalks) and Tigard Staff about Health Insurance. - Correction to Minutes: Page 6, Consideration by Council for Resolution No. 01- 14, should read: "Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Resolution No. 01-14." Distributed Information for "Take the Time Washington County." s Update on Youth Forum Request for a Meeting with: Carl Hosticka (Metro), Jeff Roache (Trust for Public Lands), Tom Brian (Wash. Co.); Dick Shouten (Wash. Co.); John Griffith (Tualatin Hills Parks 9 Recreation); Bill Gaffi (Unified Sewerage Agency) and representative(s) from the City of Tigard. Suggested meeting dates: June 6 in the afternoon; June 8 any time; June 14 in the morning at Tigard Discussion topic will be on the following potential park properties: Gage Grove, Stanley Trust Property, Conklin Property. o Update: Balloon Festival o Fanno Creek Trail Opening Ceremony - Ask if a Council member will attend: Saturday, 7475 SW June 2, 2001 - 10 a.m. -Noon. at the Garden Home Recreation Center, Oleson Road, Portland OR 97223. 0 Olympic Torch Run - Judges will be needed to review applications for Torch Bearers in our region (the Columbia River Region). Four cities (Portland, Tigard, Vancouver and Longview), so far, have been asked to think about developing a list of people who would like to judge the applications. It looks as if the Torch Relay Committee is recommending one judge per 33 applications. To date, 367 nominations for the region have been received. Information is still developing. June 8 (afternoon) is the tentative date for the judging - it's anticipated it will take four hours and will occur at the Multnomah Athletic Club. Drew Mahalic of the Portland Oregon Sports Authority is coordinating. WCCCA Event on Friday, May 25, 3 - 5 p.m., musician/dancer Chata Addy @ Fanno Creek Park. Tri-Met -American Public Transit Association selected Ride Connection and Tri-Met for a national Welfare to Work award. - Thursday, May 24, 2001, 1-1:30, Tigard Transit Center @ SW Main and Commercial Streets. ➢ Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (a) - Employment of public officers, employees and agents, if the body has satlsfied certain prerequisites. 192.660 (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (e) - 192.660 (1) - Real property transaction negotiations. Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon 192-060 (g) - Revised Statutes. Trade negotiations - involving matters of trade or commerce in which the governing body Is competing with other governing bodies. 192.660 (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (k)- Relates to health professional regulatory board. local government grants as a means of providing needed park and recreation improvements and enhancements. b. Consideration by Council: Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Resolution No. 01-14. RESOLUTION NO. 01-14 - A RESOLUTION AUTHORIZING THE SUBMITTAL OF LOCAL GOVERNMENT GRANT PROPOSALS FOR COOK PARK AND WOODARD PARK FACILITY IMPROVEMENTS TO THE OREGON PARKS AND RECREATION DEPARTMENT. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Council meeting recessed at 8:50 p.m. Council meeting reconvened at 9:00 p.m. 9. CONSIDER ADOPTION NORTHVIEW PARK MASTER PLAN a. Public Works Director Ed Wegner introduced this agenda item. Property Manager John Roy presented the Staff Report which is on file with the City Recorder. Mr. Roy reported that the only controversy with the Master Plan related to the landscaping in the park. Four property owners whose property abutted the park were against any trees being planted in the park that would Interfere with their view. The City's Urban Forester made contact with these property owners by mail and by telephone to try to develop a solution to satisfy their concerns. The staff was not able to find an agreeable compromise with these four residents. Therefore, staff recommended that approval be given to allow staff to landscape the park as determined by the Urban Forester and parks staff. Discussion followed on the problem with regard to the planting of trees near the four property owners who were not in favor of these plantings. Mr. Wegner noted that the staff would continue to work with the homeowners on a compromise, but some plantings would be needed. It was noted that the other property owners in the neighborhood were in favor of the tree plantings. COUNCIL AGENDA - April 10, 2001 page 6 `Y by do soiree h;ds ,row tip with case, Willie otllel's sfruftle? Why do some Rids get involved in dangerous activities, while others spend their time contributing to society? Why do some youth beat the odds" in difficult situations, while others get trapped? Many factors influence why some young people have successes in life and why others have a harder lime. Eco- nornic circumstances, genetic:, trauma, and many other fac- tors play a role. But these factors-which seem difficult, if not impossible. to change-aren't all that matters. Research by S,.-arch Institute has identified 40 concrete. positive expe- riences and (lualities-"developmental assets -dial have a tremendous influence on young peoples lives. And they are things that people from all %.•alhs of life can help to nurture. Research shows that the 40 developmental assets help young people maize wise decisions, choose positive paths, and grow up competent, caring, and responsible. The assets (see page 2) are grouped into eight categories: ) Support-Young people need to experience support. care, and love from their families and many others. They need organizations and institutions that pro- vide positive, supportive environments. 1 Empowerment-YOun~ people need to be valued h)• their community and have opportunities to con- tribute to others. For this to occur, the%. must he safe and feel secure. 1 Boundaries and expectations-Young people need to Iznow what is expected of diem and whether activities and behaviors are min bounds" or -out of bounds- Constru'd;vcuseoft;me-Yount people need constructive, enrichin( opportunities for growth through creative activities, youth programs, congre- gational invoh,cmcnt, and (fualily time at home. ) Commitment to learning-Young people need to develop a lifelong commitment to education and learning. ) Positive values-Youth need to develop strong values that guide their choices. / Social competencies-Young people need shills and competencies that equip them to make positive choices, to build relationships, and to succeed in life. Positive identity-Young people need u strong sense of their own power, purpose, worth. and promise. The asset Framework is a framework that includes every- one. Families, schools. neighborhoods, congregations. and all organizations, institutions. and individuals in a commu- nity can play at role in building assets for youth. -[-his brochure introduces the assets. shows their power and presence in young peoples lives, and yivcs concrete subges- tions for what you can do to build assets. ot,*& 77..•.1,,.•r . tra.. ".6 ( : K J, lt'L..r I b. .I r" J 6r • ,Inr- k S- -h L,. r i,.i.• ;.,n S I'6:..I ~i„ ® '~i 3nr y I;., .,,..L, y I\ :.~r:.\II ...Li. „I l .,I,• ..r L, .n. d , , rl„ i,•.r. . ,.,,.(.d r6„ r„dd.,,.r~. ,.I,:;,,... .1..,1.,.i.,,,', .I....; I;,,...~,,. .r l 1...;1, il.. ,.,.I.I::I... ,',..".r . A....... ..I . I'. ..L1.,, :.I HEALTHY YOUTH ,,.,i, I ,.....I, I.,., r,.i. AO Developmental Assets Search Institute has identified the following building blocks of healthy development that help youn[ pevaple grow up healthy. caring, and responsible. Percentages of young people who experience cuch asset represent alloosl 100.000 Gill- to 12th-grade youth surveyed in 213 to,vns and cities in the United Stutcs. ASSET TYPE ASSET NAME AND DEFINITION Support 1. Familysupport-Jy life provides high levels of love and support. :T 0 i% . IT) 2. Positive family couununicaGon-Youn person and her or his parent s) communicate • 26% positively, and young person is wiling to seek advice and counsel from parenl(O. X 3. Other adult relationships-Young person receives support from three or more 4196 nonparent adults. h. Caring neighborhood-Young person experiences caring neigkbors . 5. Caring school climate-School provides a caring encouraging environment T 1096 , . ( 7 6. f arent involvement in schooling-Parent(s) are actively involved in helping oung 24% 2900 y person succeed in school. N Fmpo,yerment i. Communitvvalues vouth-),oung person percei%es that adults in the community out It 20% . z N. Youth as resources-loun6 people are 6i,•en useful rules in the communih • 9. Service to of hers-Youn6 person set, c.% in Ile communih' one hour or mure per „eel 231x/ 509 . 10. Safrty-)oung person feels wfe at home. schuul. and in the neihUcarhood ri ' . Boundaries and It. family boundaries-Family has clear rules and consequences and monitors the oun6' 55 x, 43 y Expectations person's whereabouts. % p 12. S •houl boundaries-School provides clear rules a d ' n consequences. 13. tXei5hborhood boundaries-Neighbors lake responsibility for monitoring oun 46% y g A people c behavior. 1696 x Ii. Adult role models-Parent(s) and other ndulls model posit;ee, responsible beta, ior . l1 15. Positive peer influence-young persons best friends mudel responsible behavior 27% . 16. I ligh expectations-Both parcnt(s) and teachers encoura6e Ile young person to do %yell 6096 . :!1 Cunst rod ive 17. CrenGve act i,';I;cs-)oun6 person pcnd% Ilrce or more hours er „rek i l • 41% p n e saio, air m UseofTin,c practice in music. I6ii1 •r. or other alts. 1906 IR. Youth pro6rams-11 Ciung person spends Ilree or more hours per wech in spurts. club.. 991x, ,..1 or orgllnitat;uns al schcnll and/or in Ile rtmmunily. 19. Relit';ouscommun;(v- loun6 per-ra spends one or mure• hour% cr,ceeh in acli,;Ii . 1 p , t in it reh6;oux institulion. N 6.i -r 20. t irneat home-Young person is out „it It friends ,with nothing special to do two or 3096 Fewer nights per week. Commitment 21. Achievement motivation-Young person is motivated to do well i s h l n c oo . to Learning 22. School engagement-Youn6 person is actively engaged in learnin6 6390 . 23. Homeworh-young person reports doing rd least one hour of homework eve , school d 6496 9 ry ay. 24. Bonding to school-Young person cares about her or his school 45 6 . 25. Reading for pleasure- loun6 person reads for pleasure three or more hours er ,veeh .5 196 24% p . Positive Values x 26. Caring-Young person places high .slue on helping other people . 27. E ualih• and social juxlicc-`Iounb person places k4 value on promo!in6 equality and J ;396 1 5 0 r ucin6 hunger and paved,. 1 ) 4, 2h. lnlrgrily_)oung person acts on con, iclinns and wands up fair her or his hcl;cle. 6:06 291 lonesty-1;1un6 person -Idle Ile Irulh v%e'n „hen it is not cne` . i :31). Rraponsih;I;h•-)oun6 pvrsl/n arct'1,Is and lales personal respun,ihil;l,. 6:314, 60'4. :11. RvxIra;ail-)oong per5un helit',cs it ;s ;n,pm-farll nail Io hr s1•,un1l, acti,r air lu ust. 2 'of alcohol or other drugis. , Soc;ad :12. Planning and decision mala;nh-`Ioun6 person hno,ve Lai- to plan ahead and malac• choices •2$)'4 . Competencies :3:3. 1nlcrpersonalcorn pele•ore--)oun6 person fins cn,pally. scneil;,il, and fri hi d till 1 ' 1 . en s p , s. :01. (ollural competence--)oun6 perwm has hno„ Ie•d6e u1 and Contort ,v ill, eo le of M i3 , 135'1 p p dillrrenl t'ullural/raci:d~t'llnie hachA,r'nunds. , RI•,; I;, nct•Jai 11,- `Youn6 pt•1',1,it 1„ 1'1•, I,I ot-el11;,t' peel' pri-tire ;Ind 11111161'1'1 ltle ;l tact it In 36. Pcacrl aI (-oil llict resoltit ion-`Iuun*, person ,celrs lu resol, l) i i 1 1 3711„ e con d non, n rn1 P-i1nt• ldvolit, :11 1'l'1',1111i111111„t•r-`lino". 111.1•,,,1, lt•,•l, 111.1,1' X111• Im, 1'I i1711't,l 11, 1'I' Ih111 Ih:ll !I ' I ' 11 tt4, ' :Ippl n t11111 . tiell.ea 1't'11l-II,Un~ per,ain 1','pt1, t, l:,, III ;1111X11 ,ell-e.la-vol 15 % . :311 ticn,1'afpnrpnae-1„Iln r,.m ,1.11,.x1, 111,11 n„ IJ*V It.., I'm ll I' „ 17 a 11,ili,e , i1•„ 11fpr1 e1111:111111„1 ..1„11,1:1,1,,.111 ,.pI......h. u1, 11 Is, r 1.. ! !ii1 .1• -I t 1.1..1.111 1,1.1. 1.,.,...1.1...1 L., ..11..3.. ..11 1 ~ .1..11.11n1ni1 ...1 n1•. t .-I•I 1.1 1.- 1., n 1, .1 , , , , . I l • l ~ e . „ .u, I1..1 nd. • .,..L. ~ 1.\ ;c. ,111...1. 1 111 „ i.., . . ..1.1, 11.0 111,... . The Power ofAsseus On one level, the 40 developmental assets represent everyday wisdom about positive experiences and characteristics for young people. In addition, Search Institute research ha- found tint these assets are powerful influences on adolescent behavior-both protecting young people from ninny different problem behaviors and promoting positive attitude- and behaviors. This power is evident across all cultural and socioeconomic groups of youth. There is also evidence front other research that assets may have the same kind of power for younger children. Protecting Youth from High-Pisi2 Behaviors Assets have tremendous power to protect youth from many different harmful or unhealthy clioices. To illustrate, these charts show that youth with the most assets are least likely to engage in four different patterns of high-risk behavior. (Fordernitians ofearh problem behavior, see poge7.) The same kind of impact is evident with many other problem behaviors, including tobacco use, depres- sion and attempted suicide, antisocial behavior, school problems, driving and alcohol, and ~nmbling. 0-10 11-20 21-30 31-40 Assets Assets Assets Assets Promoting Positive Attitudes and Behaviors In addition to protecting youth from negative behaviors, having more assets increases the chances that young people ,vill have positive attitudes and bebaviors, as these charts show. (For definitions oreocb tbrioing bebooior. see page Z) 5:395 :35% 19% S- rrd, in ti, 87% r 69% lam ;L 88% 69%4:} 72% Val-. Ui.rr.ily ~;nnl;nn, n,..d 1 Irnllh 1~rlu.. t .rul,ln:d6.n Challenoe Faciong Communities While the assets tire powerful shapers of young peoples lives and choices, too few young people experience many of these assets. Twenty-five of the 40 assets are experienced by less than half of the young people surveyed. Average Number of Assets by Grade and Gender The average young person surveyed experiences only 16 of the 40 assets. In general. older youth have lower overage levels of assets than younger youth. And 6oys experience fewer assets than girls. 21.5 Youth with Different Levels of Assets, Ideally. all youth would experience at least :11 of these 410 assets. let. its Ibis c•h+u•l aktms. only R percent of youth experience this level of assets. Sixty-two percent experience fexyer than 20 ul the nssels. 31-4o A-ct s 0- 11) As.yls 20% 21-30 ,assets 30% fat .,tlal wc►tlld vc>u sc l If .24) A-0, ror vollm" people, In vUUr 4296 r, cctmmunily, ol-61kniztttivn. 01 F ~ ncle'll whood. trI• lttmilvl total 611, 7th 8th 9th 1016 1116 1218 boys girls trade trade grade grade trade grade grade An Asset Chechlist Many people find it helpful to use a simple checklist to reflect on the assets young people experience. This checklist simplifies the asset list to help prompt conversation in families, organizations, and communities. N07TS 'Ais chce Ost is not intended norappropriate as a scie-ntifcoraccuratemeasurementofdevel'opmentolassets. O 1. I receive high levels of love anti support from O family r1lCrnbers. O 2. 1 can to to my parent(s) or guardian(s) for advice and support and have frequent, in-depth conversations with them. O 3. 1 know some nonparent adults I can to to for advice and support. O A. My ncig1,6ors encourage and support me. O 5. My school provides a caring, encouraging environment. 0 G. My parents) or guardians) kelp me succeed in school. O 7. 1 feel valued 6y adults in my community. O 8. I am given useful roles in my community. O 9. 1 serve in (lie conunurlity one hour or more each "'Cell. O 10. 1 feel safe at honk, at school, and in the neighborhood. O If. My family sets standards for appropriate conduct and monitors my wherett6outs. O 12. My school bas clear rules and consequences for behavior. O 13. Neighbors talte responsibility for monitoring my behavior. j 14. 111rcillf.f :Ind other adults model positive. responsible kcha" ior. 15. Idly best fricnls model responsible behan'ior. 16. 1\1v p:n•rn11s)~ a:n'dian(s) acid Irot-htrs ent'oura6e mr Io do "CH. 17. 1 11)t111d I Ilya'"' illltll•s III' ,Malt 'a' t•.111'1 cJ? in It-,s1117\ Vr 1)1.nl1ivv in music. tilvalt'r. III- 1,(1cr arts. 1~. f spend 11rrt- hmjrs or nim,v e.1ll1 roll in seloul m' t-llnlnnnnl" .parts, t-lu1.. 1rr ur:uuzalirnts. W. 11111-Ild -W lllur n1- 111,11-1• -;it 11 11"I'1, in rt-li 11MI, ]rl'111 I'♦ I. 11... 11111):111116 Ill .1,11 1111.11 m 111 0 1cti. O Q n 0 O 1 J n U 10 0 20. 1 go out with friends "with nothing special to do" two or ewer nights each weelt. 21. 1 want to do %vell in school. 22. 1 am actively engaged in learning. 23. 1 do an hour or more of komeworh each school day. 24. 1 care about my school. 25. 1 read for pleasure three or more hours each .veeh. 26. 1 6clie"e it is really important to kelp other people. 27. 1 leant to kelp promote equality and reduce world poverty and hunE,,cr. 28. 1 can stand up for what 16clieve. 29. 1 tell the truth even N% lien it*s not easy. 30. 1 can accept and tulle personal responsibility. 31. 1 6clie"'c it is important not to 6e sexually active or to use alcohol or other drugs. 32. 1 am Good at plannin6 ahead and malting decisions. r- 0 33. 1 am good at making and keeping friends. 34. 1 hno„ and am comfortable "'itk people of different cult ural/racial/etlnic 6acherounds. 35. 1 can reslsl nc6ul eve pt•er prt-ssure and dan~c•rous situations. 36. 1 try to rrsol"e t•onflict non" W1,nlly. :37. I I,tlit"t 1 Im,v t-llolr,A I,"tr many lkinr,% dial llappvll to mv. :3ti. I It-,! 1,1,d about r„"all. 39. 1 1t-1c11- nl1 lilt- 1:1%;1 purpI 90. 1 :nn 111)linli.lIv a1ou1 111" iIaIIII Dear Parents: <School Name> is participating in a very important county-wide survey of the strengths, needs, concerns and attitudes of students in grades 6, 8 and 10. This survey is sponsored by the Washington County Commission on Children and Families. Your child's class may be asked to participate in the survey. We will use the information compiled from the survey in the following ways: to develop strategies to see that students get the support they need, to set program priorities, and to share the results with other organizations that serve young people in order to improve programs and services in our community. We are using a questionnaire called the Profiles of Student Life survey. The survey was developed by the Search Institute, a non-profit organization that has been doing research for over 30 years on the things that young people need to grow up to be healthy, caring, and competent. The surveys have been used successfully with over 500,000 students throughout the country. The main purpose of the survey is to measure the level of support for children and young people provided by their schools, families, neighborhoods, churches, and by their own attitudes and behaviors. However, there are also questions about involvement in risky behaviors, including alcohol and drug use, tobacco use, sexual behavior and suicide attempts. A copy of the questionnaire is available for your review in the central office of our school. If you have any questions about the survey, please call Colleen Reed at (503) 846-4547. Please know that while student participation is encouraged, this survey is voluntary. The information is collected anonymously, and the survey procedure is designed to protect students' confidentiality. If you do not wish your child to take this survey, please return this form to <location> by <date>. You need only return this form if you do NOT wish your child to take this survey. Sincerely, <principal> Students Name Grade: have read and understood this form concerning the Profiles of Student Life survey. [ ] My child does not have my permission to participate Signature of Parent or Guardian Date Administering the Search Survey The Washington County Commission on Children and Families (WCCF) will: Hire a survey administrator • Work with the Search Institute to assure survey integrity • Support the cost of the survey and specific reports • Coordinate the survey in each school, with each principal • Prepare informational letters and consent forms to send home to parents • Prepare packets for the test administrators • Collect surveys and return them to the Search Institute for analysis • Distribute survey results, with explanation, to the schools The School District will: • Agree to participate in the survey • Communicate with teachers, administrators, counselors and parents about the survey and the results we can expect. • Distribute parental informational letter and consent form. • Select a date for the survey. • Designate a school survey coordinator (teacher, counselor or administrator). This person will be the primary contact for WCCF staff. • Communicate with students about the survey. • Administer the survey in classrooms next fall. It takes about 50 minutes for students to complete the survey, including giving instructions and handing out the survey. A SEARCH INSTITUTE PROFILES OF STUDENT LIFE Attitudes and Behaviors Your answers on this questionnaire will be kept siriiif~y can;identiz"[-~ NOT ptit your name on this form. It has no code numbers, so no one will be able to (Ind out flow you or anyone else answered. Your school will receive a report that combines many students' answers together. Therefore, no one will be able to connect your answers with your name. This is not a test you lake for school grades. You are just being asked to tell about yourself, your experiences, and your feelings. Please be as honest as you can. IMPORTANT MARKING DIRECTIONS - Use black lead pencil only (No. 2)- - Do NOT use Ink or ballpoint pens. Make heavy black marks that fill the circle. - Erase cleanly any answer you wish to change. - Do not make any stray marks on the questionnaire. EXAMPLES Proper Mark improper Marks O®00 Q) 0®(y -n 1996 Sea, ch tnStiltit e 11"C"tnc. Saul a west, 100 South Thud 51, cc I. Suite 210. FAmneapoliS, M" 55415 _--.ng0 1 How old are you? 0 1 1 pl younger 0 16 012 017 013 0 18 014 0 19 or older 015 2. What is your grade In school? 0 51h 0 9th 0 61h 0 10th 0 7th 0 11th 0 81h 0 121h 3. What is your sex? 0 Mate 0 Female 4. How do you describe y?ljrselr_?.11 r*more ~!~rt end, mark each that applles to you.' ' 0 American Indian 0 Asian or Pacific Islander (for example, Cambodian, Hmong, Japanese. Korean, Laotian, Vietnamese) 0 Black or Alrican American 0 Hispanic, Latino or Latina (lot example, Cuban American, Mexican American, Puerto Rican, or other Latin American) 0 Whde Some of the questions in this survey ask about your parents. In this survey, "parents' (and "father" or "mother-') reler to the adults who are now most responsible for raising you. They could be foster parents, step-parents, or relatives/guardians. If you live in a one- parent family, answer for that adult. 5. Which one of the following best describes your family? 0 1 live with two parents. 0 1 live in a one-parent family with my mother. 0 1 live in a one-parent family with my father. 0 Sometimes I live with my mother and sometimes with my father. liow Imporlant Is each of the following to you In your life? Marie one answer for each. Not som tut Not Ouhe EX--tr lmporrJnt tmpo ua t Sure Important U,irKxunt 6. Fielping other people. 0 0 . 0 0 0 7. Helping to reduce hunger and poverty in the world 0. 0 0 8 helping to make the world a better place In v,htch to live I Not mporlJnl Some.+h J1 ImporlJnl Not Sute Ouile ImporlJnl ~ 9. Being religious or ImDOr spiritual......... 0 . 0 0 0 . 10. Helping to make - sure that all people are treated fairly . 0... ..0 , • . , 0 11. Gelling to know people who are of a different race than lam .0... ..0... ..0_....Q... ..0 12. Speaking up for equality (everyone should have the same rights and opportunities) . 0 0... ..0 . Q . O 13. Giving time or money to make life better for other people . . ; 0:.; Q... Q.... . n . 14. Doing what believe Is right even 11 my friends make fun of one 0 . 0 Q Q - 0 15_ Standing up for what I believe, even when it's unpopular to do so . 0 - . 0. , 0 0.... .0 16. Telling the truth. even when it's not easy 0.... 0 . 0:..' 0. f 17. Accepting responsibility for my actions when 1 make a mistake or get in trouble Q.... . 0.... . 0:;. Q.... . 0 18. Doing my best even when I have to do a jobIdon'llike 0.... . Q.... . Q... 0..,. .0 ABORT SCHODL 19. On an average school day, about how much time do you spend doing homework outside of school? 0 None 0 1 hour 0 Hall hour or less 0 2 hours 0 Between hall an hour and 0 3 hours or more an hour 20. What grades do you earn in school'? 0 Mostly As 0 Mostly Cs 0 About I'All As and hall Bs 0 About hall Cs and hall Os 0 Mostly f3s ( ) Mostly Os Q Abotlt hall Bs and hall Cs ) t.lostly below C)s :'or cacti of the following, mark one response. How often does one of your parents ? Very Some. often Often times Seldom Never Reminder: In this survey, "parents" (and "lather" o "mother") refer to the adults who are now rnos responsible for raising you. 2 t. Help you with your school work 0 0 0 0 0 22. Talk to you about what you - are doing in school 0 0 0 0 0 23. Ask you about homework 0 0 0 0 0 24. Go to meetings or events at your school 0 0 0 0•- 0 ABOUT ME How much do you agree or disagree with the following? Mark one answer for each. Strongly Not Dis• Strongly Agree Agree Sure agree Disagree 25. At school I try as hard as I can to do my best work 0 . , 0 0 0 0 26. My teachers really care about ' 27. It bothers rre when I don't do something well........... . 0. , . 0 0 0 0 28.1 get a lot of encouragement at my school . 0 0 0 . , 0 O 29. Teachers at school push me to be the best 1 can be . 0.. 0 0 0 0 30. My parents push me to be the best I can be . 0 0 0 0 0 31. During the last four weeks, how many days of school have you missed because you skipped or -ditched?". 0 None 0 4 - 5 days 0 1 day 0 6 - 10 days 0 2 days 0 11 or more days 0 3 days For each of the following, mark one answer. How often do you 7 Usually Someumes Never 32. Feel bored at school 0 0 0 33. Come to classes without bringing paper or something to write with 0 . - 0 0 34. Come to classes without your homework finished 0 0 • 0 35. Come to classes without your books 0 0- - 0 How much do you agree or disagree with the following? Choose one answer for each. Strongly Vol Dis- Stroi Agree Agree Sure agree Visa,. 36. On the whole, I like myself. 0 0 0.. 0 C 37.11 Is against my values tb drink alcohol while I am a teenager 0._ 0 0 0 C 38.1 like to do exciting things even It they are dangerous. . 0 0 _ , 0 • . 0 - - C 39. At times, 1 think 1 am no good al all. - . . 0 . _ 0 • : 0 C,)--c 40.1 get along well with my . parents....... ..0 0 0.. 0 C 41. All in all, l am glad i am me.. O . - O • - O • - O • • C 42.1 feel I do not have much to be proud of . 0 0 0 0 C 43. If I break one of my parents* rules. I usually get punished. 0 - - 0 - • 0 - • 0 - - C 44. My parents give me help and support when 1. need it. . 0 0 0 0 • C 45. It is against my values to have sex while I am a teenager 0 0 0.. U - 0 46. In my school there are clear rules about what students t can and cannot do.......... 0 0 0 0 0 47. 1 care about the school I go to 0 0 0 0 0 48. My parents often tell me they love me.................... 0 0.. 0.. 0 0 49. In my family, 1 feel useful and Important 0 0 0 - • 0 • - 0 50. Students In my school care about me . .-0 0 0.- 0 0 51. In my family, there are clear rules about what I can and cannotdo 0 0 C).. 0 0 52. In my neighborhood, there are a lot of people who care 0 about me 0 0 0 0 53. At my school, everyone knows that you'll get In trouble for using alcohol U C or other drugs 0 0 O 54 11 one of my neighbors saw me do something wrong. tic or she would tell one of my G O 0 parents O 0 I in we WON0000 • During the last 1 2 months, how many times have you . ? _ So( 3 . 4 More Neer Onte l.+ice limes fimeS 55. Been a leader in a group or organization 0-0-0-0 -0 56. Stolen something from a store ........................0•.. O O 0 . . 0 57. Gotten into trouble with the police 0 0 _ . O 0 0 58: Hil or beat up someone 0.. 0.. 0.. 0 • - 0 59. Damaged property just for fun (such as breaking windows, scratching a car, putting paint on walls, etc.) . . 0.. 0.. 0. - 0 . . 0 During an average week, how many hours do you spend 7 Number of Hours I l or i GO. "Playing on or helping o '1 2 - 5 s - 10 More with sports teams at school or In the community 0 _ . 0 O O 0 . _ 0 61. In clubs or organizations (other than sports) at school (for example, school newspaper, student government, school plays, language clubs, hobby clubs. drama club, debate, etc.). 0.. O 0.. O 0, 0 62. In clubs or organizations (other than sports) outside of school (such as 4-H, Scouts, Boys and Girls Clubs, YWCA, YMCA) 0 - • 0 - • 0 - • 0 • - 0 • • 0 63. Reading just for fun (not part of your school work). O . _ O O . • 0 0.. O 64. Going to programs, ° groups, or services at a church, synagogue, mosque, or other religious or spiritual place 0 0 0 0 0 0 65. Helping other people without getting paid (such as helping out at a hospital, daycare center, food shelf. youth program, community service agency, or doing other things) to make your city a better place for people to live .0-0-0 0 - Q 0 66. Helping friends or ^ neighbors Q Q Q ^ 67 Practicing or taking lessons in music. art. drama- or dance. alrer school or on weekend-, 0 ( ) ( ) ( ) ( 1 1 ) Think about the people who know you well. Flow, do you think they would rate you on each of these? People who know me would say that this is Not A Some. 31 311 Little what Qulle Much like Me Like Me Like Me Like Me like M 68. Knowing how to say "no" when someone wants me to do things I know are wrong or dangerous . 0 O O O O 69. Caring about other people's feelings 0 0..- ..o 0 0 70. Thinking through the possible good and bad results of different choices before 1 makia-•=•• - - 71. Saving my money for something special rather than spending it all right away 0.-• •-0--- 0•. .--0.. 0 72. Respecting the values and beliefs of people who are of a different race or culture than I am 0 0 0_ . 0 73. Giving up when things get hard for ,.me O 0... ..0.. ...0.. ...0 74. Staying away from people who might get me in trouble O . ..0... ..0 0. -.0. 75. Feeling really sad when one of. my friends is unhappy. O O , O 0.. ...0 76. Being good at making and keeping friends 0 0 , - . 0 0 • • 0 77. Knowing a lot about people of other races........ O O 0 0.. 0 78. Enjoying being. with people who are of a different 0 race than l am 0- 0 0 0.. . 79. Being good at J planning ahead.. Q , . - 0 60. Taking good care of my body (such as. eating foods Thal are good for me, exercising regulariv and cat.ng Ittwe yood meats a day) r,) C) t H H a C3 N In this section we ask you about alcohol and other drugs. Please answer honestly. Remember, you arc not asked to put your name on this form, so no one will ever be able to tell flow you answered. flow many times, if any, have you had alcohol to drink. - - ? Number of Times 0 1 2 3-5 t:9 10-19 20-39 40- 8 1. In your liletime ......0 0-- 0.- 0--0-- 0-- 0.- 0 82. During the last 12 months 0.. 0.. 0.. O • . 0.. Q.. 0.. 0 63. During the last 30 days.. 0.. 0.. 0.. O O•- - 0 - • 0 - - 0 84. Think back over the last two weeks. How many times have vpu had five.orCE Ore drloks In.a row? (A "drink". Isis glass of wine; a bottle or 686 of beer; a shot glass of liquor, or a mixed drink.) 0 None 0 3 to 5 times 0 Once 0 6 to 9 times 0 Twice 0 10 or more times 65. If you came home from a party and your parents found out that you had been drinking, how upset do you think they would be? 0 Not at all upset Q Very upset 0 A little upset 0 Extremely upset 0 Somewhat upset How many times, It any, have you smoked cigarettes... ? Number of Times 0 1 2 3•s 6-9 10-19 20-39 40• 86. In your lifetime ......0 0. 0 0 0 Q 0 0 87. During the last 12 months...... 0.. 0. O--O•-0 0-•0•-0 88. During the last 30 days. -0..0.-O--O..O..O--C.-O 89. During the last two weeks, about how many cigarettes have you smoked? 0 None 0 About 1 pack per day 0 less than 1 cigarette per day 0 About 1 - 12 parrs per day 0 1 to 5 cigarettes per day Q 2 or more paces per day 0 About 12 pack per (Jay flow many times, it any, have you used marijuana (grass.. pot) or hashish (hash, hash oil) 7 Number of Times 0 1 2 3-5 6.9 10.19 20.39 < 90. In your lifetime 0..0..0-•0-•C-.C._Q..t 91. During the last 12 months 0 O 0 C O C C < How many times, If any, have you used cocaine (crack, cok snow, rock) 7 Number of Times 0 1 2 3-5 G,9 10.19 20-39 4t 92. In your lifetime...... 0•• O•. 0..O•.C•. C.. O..C 93. During the last 12 _ months 0.- 0.- During the last 12 months, how many times have you... ? 5c 3.4 1,10, Neves once Twice Tirnes Tim. 94. Been to a party where other kids your age were drinking... 0 0 0 0 - - C 95. Driven a car after you had been.drinking Q 0.. 0 0 C 96. Ridden in a car whose driver had been drinking 0 0 0 - • C • C tiow many times, if any, have you sniffed glue, breathed the contents of aerosol spray cans or Inhaled other fumes In order to get high 7 Number of Times 0 1 2 3.5 6-9 10.19 20-39 40- 97. During the last 12 months C).. 0.. 0. O 0-- 0-- 0-- O 98. During the ' last 30 days.. 0 0 . _ 0 0 0 0 - • 0 0 99. In an average week, how many times do all of the people in your family who live with you eat dinner together? 0 None Q 4 times a week 0 Once a week Q 5 times a week 0 Twice a week Q 6 times a week 0 Three times a week 0 7 times a week -"a no - 100 Clow often did you feet sad or depressed during the last ( - month? Q All of the time Q Once in a while O Most of the time Q Not at all Q Some of the time 101. Have you ever tried to kill yourself? Q No Q Yes, once Q Yes. twice Q Yes. more than two limes ^ ^ 102. Have you ever had sexual Intercourse ("gone all the way,- - made love")? ^ Q No -SKIP TO OUESTION 104 ^ Q Once - ^ . Q Twice - O 3 limes Q 4 or more times ^ 103. When you have sex, how often do you and/or your partner use a birth control method such as birth control pills, a condom (rubber), loam, diaphragm, or IUD? O Never Q Often Q Seldom Q Always Q Sometimes How many times, it any. in (tie last 12 months have you used ? _ ^ Number of Times ^ 0 1 2 3•s 6.9 1419 20-39 40. 104. Chewing . tobacco or snulf........Q Q.-Q..Q..Q•..Q. Q Q ^-r 105. Heroin (smack, horse, skag) or other ^ narcotics like ^ opium or morphine Q Q 0 Q Q Q Q Q 106.Alawan...... O-.Q--Q.-O_.Q..Q.-.Q--Q ^ 107. PCP or Angel Oust 0••0..0..Q..Q.-Q_.O..Q 108. LSD (-acid") . O O Q Q O Q - - Q Q 109. Amphetamines (for example, uppers, ups, ^ speed. bennies. dexies) without a prescription IrUm a doctor Q Q O 0 Q Q Q How much do you agree or disagree with the following? Mark one answer for each. Strongly Nol Agree Agree Sure ois• Strongll 110. Sometimes I feel like my life agree r 'el has no purpose . Q Q Q Q Q 111. Adults in my town or city make me feet important. 0.-0..0.. 0_0 112. Adults in my town or city listen to what 1 have to say. Q Q . _ O Q O 113. I'm given lots of chances to help make my town or city a better place in which to live. Q Q , Q Q Q 114. Adults In my town or city don'( care about people my age..... Q O , • Q Q Q 115. fn my town or city. I feel like 1 matter to people......... _ _ Q „ O . Q Q Q 116. When things don't go well for- me. I am ge?,j aL 1 (Ddlr>%.16_ . . way to make M1ri4"s'6etter::::: Q Q „ Q , Q : `Q 117. When I am an adult. I'm sure l wilt have a good life. ...__O.- Q Q Q Q Reminder: In this survey, -parents- (and "lather- or mother") refer to the adults who are now most responsible for raising you. During the last 12 months, how many times have you - ~ or 3.4 More Never Once Twice Times Times 118. Taken part in a fight where a group of your friends fought another group Q Q... Q Q Q 119. Hurl someone badly enough to need bandages or a doctor . Q _ • Q Q Q - . Q 120. Used a knife, gun or other weapon to get something froffLa person Q Q • • Q • • Q " Q 121. It you had an Important concern about drugs,-alcohot, sex, or some other serious issue, would you talk to your parent(s) about 11? O Yes Q Probably not Q Probably Q No Q I'm not sure 122. Flow much of the time do your parents ask you where you are going or with ovhom you will be? O Neer Q Most of the time Q Seldom Q All of the Irme 0 Some of the Irme Among the people you consider to be your closest friends. how many would you say ? A None few Some Most All 123. Drink alcohol once a week or more........ .....0 0-0-0-0 124. Have used drugs such as marijuana or cocaine O . C) 0.. 0_0 125. Do well in school 0-0-0- 0-0 126. Get into trouble at school O Q 0.. Q O How often do you feet afraid of Once in a Some- 127. Walking around your Never While times Often Always neighborhood?......... Q O - , O - , Q O 128. Getting hurt by someone at your school?......... Q O O Q Q 129. Getting hurt by someone In your home? . O Q Q Q O 130. On the average, how many evenings per week do you go out to activities at a school, youth group, congregation, or other organization? 00 03 06 Of 04 07 02 05 131. On the average, how many evenings per week do you go out just to be with your friends without anything special to do? _ 00 03 06 Of 04 07 02 05 132.:magine that someone at your school hit you or pushed you for no reason. What would you do? Mark one answer. Q 1'd hit or push them right back. Q I'd try to hurt them worse than they hurt me. Q I'd try to talk to this person and work out our differences. Q I'd talk to a teacher or other adult. Q I'd just ignore it and do nothing flow much do you agree or disagree will, Il,e lotl Mark answer for each. owin~. Strongly Agree Agree Not Sure 133. Students help decide what ,gree goes on in my school. 4 ' . 13 . 1 don t care how 1 do in school 135. I have lots of good . conversations with my parents.... _ _ O Q Q 136. 11 1 break a rule at school. 1-M " sure to get In trouble.......... O Q " 137. M y parents spend a lot of time helping other people.......... Q Q Q O 138.1 have little control over the things that will happen In my file Q O O 0. During the last 1hs, how malty tlmrs;havt; yc,rr F,. 3- Never Once Twice Times n 139. Carried a knife or gun to protect yourself . Q O O Q 140. Threatened to physically hurt someone . Q O O O 141. Gambled (for example, bought lottery tickets or tabs, bet money on. sports teams or card games, etc.) 0.. O - • 0.. 0.. C The following questions ask about the adults you know. When answering these questions, don't count your parents or relatives. How many adults have you known for two or more years who...? 3or 4o 0 1 2 6 mor 42. Give you lots of encouragement whenever they see you Q Q 0.. 0.. O 43. You look forward to spending time with O O O O O 44. Spend a lot of time helping other people 0.. 0.. 0.. O O 45. Do things that are wrong or dangerous 0.. 0.. 0.. O 0 16. Talk with you at least once a month ...........Q..O..Q. O O 0 0 of0190a1 On an average school day. how many hours do you spend . less 401 Than 1 2 3 Mori r None 1 Hour flour flours flours Hour ^ ^ 147. Watching TV or videos... Q Q - - Q Q , . Q - , Q 148. At home with no adult there with you Q Q Q Q Q Q 149. Have you ever been physically harmed-(that Is, where someone caused you to have a scar. black and blue marks, wells, bleeding, or a broken bone) by someone in your family or someone living with you? Q Never Q 4 - 10 times Q Once Q More than 10 times Q 2 - 3 times 150. How many times In the last .2 years have you been the. victim of physical violence where someone caused you physical pain or Injury? Q Never Q 3 limes Q Once Q 4 or more times ^ Q Twice 151. Where does your family now live? ^ Q On a farm Q In the country not on a farm ^ Q On an American Indian reservation Q In a small town (under 2.500 in population) Q to a town of 2.500 l0 9-999 Q In a small city (10.000 to 49.999] Q In a medium size city (50.000 to 250.000) ^ Q In a large city (over 250,000) 152. How many years have you lived In the city where you " now live? ^ Q All my life Q 10 years or more, but I've lived in at least one other place Q5-9years Q 3 - 4 years ^ Q 1 - 2 years Q less than I year A ~r ~ I 153. flow often do you binge eat (cat a lot of food in a Shot, period of time) and then make yourself throw up or tsc laxatives to get rid of Iftc food you have eaten? Q Never Q Once in a while Q Sometimes Q Often 154. Have you ever gone several months where you cut down on how much you ate and lost so much weight or became so thin that other people became worried about you? Q Yes Q No 155. What Is the highest level of schooling your lather (or step-father or male foster parenUguardian) completed? . , Q,Completed lade.school or less 0 Some high school'" Q Completed high school Q Some college Q Completed college Q Graduate or professional school after college Q Don't know. or does not apply 156. What is the highest level of schooling your mother (or step mother or lemale foster parent/guardian) complelert' Q Completed grade school or less Q Some high school Q Completed high school Q Some college ,Q Completed college Q Graduate or professional school after college Q Don't know. or does not apply r;qara'(-Fes6va(o f galloons. Jane 1j, 16, and q rFrida , 9une t5 6 to 9 a.m. Launch Window 6 to 10 a.m. Pancake Breakfast 7 a.m. to 10 P.M. Carnival Rides 3 to 11 p.m. Restaurants & Beer Garden 5 to 6:00 p.m. Tirzah on stage 6:00 to 7.30 p.m. The Patrick Lamb Band on stage 7.30 to 9 P.M. The All Star Band on stage 9 to 11 P.M. Johnny Limbo and the Lugnuts on stage 9:15 P.M. Night Glow All You Can Eat! Pancake & Sausage Breakfast! WHEN: June 15, 16, 17 6 a.m. to 10 a.m. WHERE: Cook Park Picnic Area PRICE: $5 (includes free raffle ticket) Children under 4 are free nn►ri~ir~nrrasrij Safar, Sane t6 Safura(ay, cont. " 6 to 9 a.m. 9 to 9 P.M. Launch Window The Moes on stage 6 to 10 a.m. 9 to 11 P.M. Pancake Breakfast Johnny Limbo and The Lugnuts 7 a.m. to 10 P.M. on stage Carnival Rides '3 • 9:15 P.M. 9 a.m. to 4 p.m. Night Glow 8th Annual Charity Car Cruisc- In gune "7 11 a.m. to 11 P.M. 6 to 7 a.m. Restaurants & Beer Garden Launch Window 11 a.m. to 2 p.m. Rocket 88 on stage 2 to 3 p.m. Dizzy Elmer on stage 3 to 4 P.M. Loose Cannons on stage 4 to 5 P.M. Stephanie Schneiderman Band on stage 5 to 5.30 p.m. Tirzah on stage 5:30 to 7 p.m. McQueen on stage Festival Fundraiser Each year, the Balloon Festival strives to help local groups in need. This year support will be offered to the Pat Stark Foundation. Pat, who is a se- nior in the Tigard-Tualatin School District and attends Tualatin High school, was paralyzed last winter in a snowboarding accident. The Festival will ask for a one-dollar donation from adults attending the Night Glow shows. All donations will go to the Foundation. The Young Life Group will help on the evenings of June 15 and 16 with the donation collection. I-or more information, please contact Bruce Ellis at (Iba//non0(clcpnrl.cc~n:) or 503-590-1828. 6 to 10 a.m. Pancake Breakfast 7 a.m. Carnival Rides (REMEMBER: No pets allowed on the fields. For more information call 503-590-1828 or 503-639-4171, ext. 735. 8th Annual Charity Cruise Rose City t Classic Chevys pres- ents the 8th Annual Charity Cruise at the Tigard Festival of Balloons, June 161 9 a.m. - 4 p.m. at Cook Park. This is an open cruise-in/show and shine for all classic, special in- terest, street rod and custom vehi- cles. Awards, dash plaques, and raffle prizes will be available. The $10 entry fee can be paid the day of the event and this year's proceeds will be donated to the Washington County Families for Independent Living. Bring the family for a fun day after the balloons lift off. If you're inter- ested in donating or need more in- formation, contact Larry Anderson at 503-639-6036. T O D { it Lti... a,_. :3 c"I -s ::s Q r W (p n = s b C Z C7 3 -1 co VD rL co < m c o Q N z 3 N v S v • ® H d { O N n p Aft Q 6-f . T CL WA Q + CIA n IL -a C ~ O o n C7 70 O D O m M Q N 3 p IA (O Q ~ p N o ~ fl ®o O ~ Q ~ O "17 N O m ~ m Z Or ~ e i r M M K' 10 Ll Nr E O O O O ' ~ O o O c } J o i- D C 4- E y O s O a. O - fl ~ c ° 4- V a - o o 4- _ C O M O O O O O d d O K/ d! N Vf d N ' C N V ice- N ^ 0~1 Y O 7 L O N 7 d C3 40- V o~ 0 V N CL a Ln %n ti o d°° 0 o d = a 3 N a E 'dO d LO G u i =3 + o d L L n UL UL H aC I M O LO v O d u 0 L O Q o' v d S t d C C 0 0 0 C d 0 d ~ t S t LL 3 ~ 3 The American Public Transit Association (A PTA) has selected Ride Connec- tion and Tri-Met for a national Welfare to Work award. Please join Tri-Met General Manager Fred Hansen and Ride Connection's Executive Director Elaine Wells to celebrate this prestigious award. Thursday, May 24, 2001 1-1:30 p.m. Tigard Transit Center at S. W. Main and Commercial streets The AP TA award recognizes Ride Connection for its innovative Washington County U-Shuttle service. The goal of the APTA award program is `io bring attention to the importance of effective public transportation as a key component in welfare to work. " Tor more information please call Claudia Steinberg, Tri-Met Community Outreach, at 503-962-4860. AGENDA ITEM # Study Session FOR AGENDA OF Mgy 22, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Review the proposed resolutions establishing a procedure to grant City sponsorship to community events and acknowledge the current three sponsored events. STAFF RECOMMENDATION Review the proposed resolutions and direct staff whether to proceed with scheduling the resolutions on a future Council agenda. The resolution establishing a procedure to grant City sponsorship to community events (and replacing Resolution No. 00-01) could be scheduled for Council adoption at its June 12, 2001, meeting. If so directed, staff could then begin working with representatives of the three sponsored events to place the resolutions with the attached sponsorship agreements on future Council agendas. INFORMATION SUMMARY This matter is placed before the Council for its first discussions with regard to formalizing the relationship between the City of Tigard and the organizers of the three sponsored events (Tigard Balloon Festival; Old Fashioned 41h of July; Broadway Rose Theater). The proposed resolutions have been forwarded to representatives of all three events that the City now sponsors. OTHER ALTERNATIVES CONSIDERED a. Modify the resolution or agreement language. b. Decline to take action on the resolutions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character & Quality of Life Target Area Goal for Community Events, which states that an overall approach is developed "...for sponsoring community events..." ATTACHMENT LIST Attached are four proposed resolutions, which 1. Establish a procedure to grant City sponsorship to community events (replacing Resolution No. 00-01, which is attached), and 2. Acknowledges the Tigard Festival of Balloons is a sponsored event (with an attached agreement), and 3. Acknowledges the Broadway Rose Theater is a sponsored event (with an attached agreement), and 4. Acknowledges the Old Fashioned 41h of July is a sponsored event (with an attached agreement). FISCAL NOTES N/A I:\ADM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIES\SPONSORSHIP DISCUSSION.DOC CITY OF TIGARD, OREGON RESOLUTION NO. 01- A RESOLUTION ESTABLISHING A PROCEDURE TO GRANT CITY SPONSORSHIP TO COMMUNITY EVENTS AND REPLACING RESOLUTION NO. 00-01. WHEREAS, various groups organize and put on community and cultural events for the benefit of the citizens of Tigard; and WHEREAS, the City of Tigard from time to time offers support for some privately organized and operated events in the form of cash payments, in-kind services, fee waivers, and/or access to City facilities or insurance; and WHEREAS, it would be appropriate for the City to support certain privately organized and operated events as a sponsor due to the number of Tigard citizens participating or volunteering for the event, the role of the event in creating a greater sense of community in Tigard, and the economic, artistic, and cultural benefits of the event to Tigard residents and businesses; and WHEREAS, City sponsorship, with a commitment for long term participation, improves the ability of event organizers to plan for the long term and to obtain other sponsors and financial support; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The procedure for City Sponsorship of Cultural Events, included in this Resolution as Attachment A, is hereby adopted. The procedure adopted by Resolution No. 00-01 shall no longer be in effect. Section 2: The standardized agreement form, included in this resolution as Attachment B, is hereby adopted as the agreement form that the City shall use for agreements with organizers of sponsored events. The standard form may be modified on a case- by-case basis to fit the particular circumstances of a sponsored event. PASSED: This day of 12001. ATTEST: Mayor, City of Tigard City Recorder - City of Tigard I:\ADM\CATHY\EVENTS\SPONSOR\RESOLUTIN - SPONSOR.DOC Page I - RESOLUTION NO. 01- ATTACHMENT A CITY SPONSORSHIP OF CULTURAL EVENTS The City of Tigard will formally recognize by Council resolution those community and cultural events that it wishes to sponsor. Sponsorship will continue until terminated under the terms of the sponsorship agreement. All sponsored events shall remain the responsibility of the event organizer and are not official City events. 2. City sponsorship may include City support (cash payments, in-kind services, fee waivers, and/or access to City facilities or insurance), as identified in the sponsoring resolution. If City sponsorship includes cash payments, the sponsoring resolution will identify a target funding amount. A target amount may be adjusted, however, during the City's annual budget process. City sponsorship may include coverage by the City's insurance policies only with the written approval of the City's Finance Director and Risk Manager. 3. In identifying events for City sponsorship, the City will consider the following factors: a. The number of City residents participating in the event. b. The number of City residents volunteering for the event. C. The role of the event in creating a greater sense of community and Tigard identity. d. Economic, artistic, and cultural benefits of the event to Tigard residents and businesses. e. The level of support for the event raised from other sources. f. The event is held within the corporate limits of the City of Tigard. 4. The City may require events sponsored by the City to list the City as a sponsor in publicity and promotional materials that list sponsors. The City may require the event to include the City's logo on any materials or displays that display other sponsors' logos. 5. Non-sponsored events may be considered for funding during the City's annual budget process on a year-to-year basis. 6. The organizer of a sponsored event shall be required to enter into a sponsorship agreement with the City. 7. The sponsored event and the organizer of the sponsored event are independent of City control and have no authority to act for the City. The sponsored event and organization are not agents, employees or officers of the City for any purpose. 8. The City may review sponsored events and the actions of the organizers of sponsored events at any time to determine continued compliance with agreements, sponsoring resolutions, and applicable code provisions and may take appropriate action, including termination, for noncompliance. I:1ADMICATHY\EVENTS\SPONSOR\RESOLUTION - ATTACMENT A.DOC ATTACHMENT B SPONSORSHIP AGREEMENT This sponsorship agreement is between the City of Tigard, an Oregon municipal corporation (ACity_) and , a (AOrganizer_). RECITALS a. Organizer is the organizer of the (the AEvent-) and has asked the City to be a sponsor of the Event. Although open to the public, the Event put on by Organizer is a private event and not an official City event. a. City has passed a resolution which provides procedures and policies for City sponsorship of events. b. City has passed a resolution which authorized City sponsorship of the Event, subject to execution of this Sponsorship Agreement. C. City and Organizer have agreed to the scope of the City sponsorship and the relationship between the City and Organizer as set forth below. AGREEMENT 1. (OPTIONAL - to be used if the City requires Organizer to provide insurance. Not applicable if City provides insurance.) This agreement shall be effective when Organizer provides certificates of insurance as required by Section - below. 2. This agreement shall remain in effect until terminated as provided in Section _ below. 3. City shall reimburse (pay) Organizer up to for fiscal year , for costs incurred to put on the Event, as provided for in Resolution . Payment shall be made only after Organizer provides proof that the costs have been incurred and paid by the Organizer and were costs of the Event. (Payment shall be made no more than 60 days prior to the Event to pay costs of the Event.) The amount of funds, if any, that the City will provide for future fiscal years shall be determined by the Tigard City Council in its sole discretion. SPONSORSHIP AGREEMENT Page 1 4. A. (OPTIONAL) City shall make the following City facilities available for use by Organizer: The dates and times of use of the City facilities shall be specified in a permit that must be applied for at least days before the Event. All fees for the permit may be waived. B. (OPTIONAL - PROBABLY FOR BALLOON FESTIVAL ONLY) Organizer shall have the right to use the following areas of Cook Park for the duration of the Event: (attach map) During the period that Organizer has the right to use these areas, Organizer may determine who may engage in commercial activities within these areas. For all other areas Organizer shall have no right to exclude persons or prevent them from engaging in commercial activity. To provide security for equipment, goods and other property of Organizer during the Event, camping within the exclusive area is permitted to Organizer and those permitted to camp by Organizer. This section constitutes the camping permit authorized by TMC 37.80.020. 5. (OPTIONAL) City shall provide the following in-kind services to the Organizer: (FOR BALLOON FESTIVAL) City shall police Cook Park during the Event. Organizer shall have no right to control or direct City police operations and City employees. Nothing in this section relieves Organizer from responsibility for damage to City property or other property resulting from the Event. City shall provide litter clean up for the Event within Cook Park. Organizer shall have no right to control or direct City employees. Nothing in this section relieves Organizer from responsibility for damage to City property or other property resulting from the Event. 6. (REIMBURSEMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, the City may reimburse SPONSORSHIP AGREEMENT Page 2 Organizer for expenses incurred by Organizer prior to the cancellation up to the amount stated in Section 2. If the Event is canceled by Organizer for reasons within Organizer=s control, the City shall not pay any funds to Organizer and Organizer shall return to the City all funds paid by the City to Organizer in connection with the canceled Event within ten (10) business days of the cancellation. (PAYMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, Organizer shall repay the City the amount paid pursuant to Section 2, provided however, that Organizer shall not be required to refund any amount actually expended for the Event before cancellation. In determining whether proceeds from the City have been expended, Organizer shall balance expenditures for the Event against revenue related to the Event, and all excess income up to the amount stated in Section 2 shall be used to repay the City. If the Event is canceled for any reason, the City shall not provide any in-kind services after the date of cancellation. If the Event is canceled for any reason, the City=s facilities shall be available to the Organizer on the same basis that they are available to any other person or entity. If the main location of the Event moves outside the City limits of the City of Tigard for a given year, the City may terminate or reduce payments and/or the provision of services as it determines appropriate. The termination or reduction shall be decided by the City Council in its sole discretion. 7. Organizer shall identify City as a sponsor of the Event and Organizer shall provide the following rights to City: (Include as appropriate) A. The right to have a booth at the Event. B. The right to have banners at the following locations: , (list) such banners to be provided by Organizer and to be of a size and design chosen by City and placed in accordance with City--s directions. C. The right to have (number) additional signs at locations specified by City and at a distance of at least (number) feet from other signage, such signs to be provided by Organizer. D. The right to signage on all courtesy vehicles, if any, used by Organizer in connection with the Event. SPONSORSHIP AGREEMENT Page 3 E. The right to credit as follows in all print advertising of a size larger than _ (number) square inches placed by Organizer in connection with the Event: inclusion of City as listed sponsor. F. The right to be named in all press releases issued by Organizer. A. The right to be listed in any list of sponsors or to be included in any acknowledgment of sponsors. H. The right to (number) pages of advertising in the official program produced by Organizer. The right to have the City logo displayed on an equal basis with other sponsors. The right to use photographs and film of this Event generated by the City, its employees, agents or volunteers. K. The right to erect a courtesy tent or host a similar area at the Event at a location designated by Organizer. L. The right to make public address announcements during the Event. Nothing in the identification of the City as a sponsor shall state or imply that the Organizer is an agent of the City or that the City is responsible in any way for the Event. Organizer shall provide sufficient means by which the public may obtain information about the Event, including but not limited to adequate phone lines to handle inquiries about the Event. The information phone lines shall be answered by a person or by a message that includes Event location, schedule and pricing information. Organizer shall provide City a written public information and communication plan at least 90 days before the Event. The City may require revisions to the plan. If Organizer fails to provide a plan or to comply with the plan, the City may terminate this Agreement, suspend or reduce payments, or deny Organizer the use of City facilities or services. City=s only obligation to provide information about the Event shall be to provide the Event=s information telephone number and/or web site address. 9. Food and Beverage Service. A. Warranty. Organizer represents and warrants that it will cause all food and beverage vendors to represent and warrant, as a condition of their participation in the Event, that they will comply with all food service, sanitation and other regulations applicable to their services at the Event. SPONSORSHIP AGREEMENT Page 4 B. Alcohol. If alcohol is served at the Event, Organizer will use its best efforts, and will cause its vendors to use their best efforts, to comply with all applicable laws and regulations, including City regulations, regarding the service of alcohol to intoxicated or underage persons, and to encourage the safe use of alcohol. C. Proof of Liquor Liability Coverage. If alcohol is served at the event, Contractor shall provide proof of Liquor Liability coverage required by Sections 13 and 15 of this Agreement. D. Music. Organizer represents and warrants that all music played at the Event, whether live, recorded or publicly broadcast, will be duly licensed for public performance by ASCAP, BMI, SESAC or such other performing rights societies or copyright owners as may be required by law, or else in the public domain. Organizer will indemnify and hold City harmless from and against any liability arising out of the performance of music at the Event. 10. The City and Organizer enter into this agreement at arms-length and their only relationship is contractual. Neither party is an employee, agent, partner, or co-venturer in relationship to the other. Organizer is and remains an independent entity and has no authority whatsoever to act for the City. Organizer is not an officer, employee or agent of City as those terms are used in ORS 30.265. Organizer=s officers, employees and agents are not the officers, employees, or agents of City those terms are used in ORS 30.265. Organizer, its employees and officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of City for any purpose whatsoever, nor are they authorized to do so. Organizer shall include a provision that it is not an agent of the City in all contracts it enters into with third parties. SPONSORSHIP AGREEMENT Page 5 11. Organizer is solely responsible for the organization and operation of the Event and accepts responsibility and liability for all personal injury, property damage, and other damages arising from or related to the Event. The City has no responsibility for the organization or operation of the Event. To the fullest extent permitted by law, Organizer agrees to fully indemnify, hold harmless and defend the City, its elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental to damages or injuries to persons or property, in any way related to the Event, or any activity associated with the Event, except for claims, damages, losses and expenses that are solely attributable to the actions of the City. Organizer=s agreement to indemnify, hold harmless and defend the City extends to all claims damages, losses and expenses caused by or alleged to be caused by the fault or negligence in whole or in part of Organizer=s agents, contractors, sub-contractors, employees or any third-parties that are in any way related to the Event. This provision is essential to the City=s agreement to sponsor the Event and may not be severed from this agreement. [OPTIONAL This indemnity extends to but is not limited to all claims, damages, losses and expenses relating to operation of hot-air balloons, the operation of any carnival rides or games, and the sale or consumption of food or drink in connection with the Evert.] [OPTIONAL X This indemnity extends to but is not limited to all claims, damages, losses and expenses relating in any way to fireworks, including injuries or damage resulting from explosion, fire, noise, shock or other direct or indirect effects of fireworks whether or not the damage or injury occurred from a planned or unplanned use or explosion.] [OPTIONAL - FOR CITY INSURED EVENTS X Nothing in this paragraph shall be interpreted or applied to reduce or limit in any way the insurance coverage provided by the City under Section 14. 12. Organizer shall include in all Event-related contracts with third parties a provision requiring the third party to defend, hold harmless, and indemnify the City as to any claim arising from the actions or negligence of the third party and shall include in those contracts a provision requiring the third parties to maintain adequate liability insurance naming the City as an additional insured. Organizer shall require written contracts of all third parties that provide food or beverage service, rides, fireworks displays, or that operate balloons and shall require that the insurance match that required of Organizer and be appropriate to the type of service or goods provided. Organizer shall require any third party serving alcohol at the event to obtain Liquor Liability coverage. Limits for Liquor Liability coverage must match the limits required of Organizer for Commercial General Liability coverage. The Liquor Liability endorsement must be attached to the certificate of insurance provided to the City. Organizer shall provide City with the name, address and phone number of all third parties with which it contracts, a general description of the work the contractor will perform, a copy of each contract, and a certificate of insurance. Organizer shall also provide City with the name, address and phone number of all other sponsors of the Event. 13. (If applicable). Organizer has chosen to use City property and facilities for the Event based on Organizer=s inspection of the property and facilities and determination that the property and facilities are appropriate for the Event. Organizer accepts that the City is SPONSORSHIP AGREEMENT Page 6 not responsible for any defects, imperfections, or lack of suitability of the City property and facilities. 14. During the term of this sponsorship agreement, Organizer shall purchase and maintain insurance of the types and in the amounts specified in this section. Organizer shall furnish acceptable certificates of insurance to City at least 60 days before commencement of the Event, or within ten (10) days after execution of this agreement if this agreement is executed less than 70 days before the Event. Certificates of insurance must be provided to the City prior to any payment or furnishing of facilities or services by City. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer=s failure to purchase or maintain any required insurance. Organizer shall be responsible for the payment of all premiums and deductibles. Organizer shall maintain insurance of the types and in the amounts described below. A. General Liability Insurance (Not applicable to Events for which City provides insurance) Organizer shall obtain, at Organizer=s expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an Aoccurrence= form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this agreement. The following limits of insurance will be carried: Coverage General Aggregate Products - Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (Any one Fire) Medical Expense (Any one Person) Employers Liability Limit $1,000,000 2,000,000 1,000,000 1,000,000 50,000 5,000 500,000 SPONSORSHIP AGREEMENT Page 7 B. Liquor Liability Coverage If alcohol is to be served at the event, Liquor Liability coverage will be endorsed to the Commercial General Liability coverage. Limits for Liquor Liability coverage will match the limits provided for the Commercial General Liability coverage. The endorsement must be attached to the certificate of insurance provided to the City. C. Commercial Automobile Insurance Organizer shall also obtain, at Organizer=s expense, and keep in effect during the term of this agreement, ASymbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. This requirement applies if the Organizer provides transportation to or from the event for participants. D. Workers Compensation Insurance Organizer shall provide coverage for all employees coming under the scope of State Workers Compensation laws. This shall include Employers Liability Insurance with coverage of not less than $500,000 per accident. E. Additional Insured Requirement The City of Tigard, its officers, directors, employees, and volunteers shall be added as additional insured with respect to the Event. All Commercial General Liability insurance policies will be endorsed to show this additional coverage. F. Insurance Carrier Acceptability An insurance company acceptable to the City of Tigard must underwrite coverages provided by the Organizer. G. Evidence of Insurance As evidence of the insurance coverage required by this agreement, the Organizer shall provide a certificate of insurance to the City. No use of City facilities, payment or other benefit will be provided by the City to the Organizer until the required certificates have been received and approved by the City. The certificate will specify and document all provisions required by this agreement. A renewal certificate will be sent to the City 10 days prior to coverage expiration. SPONSORSHIP AGREEMENT Page 8 H. Cancellation Provisions Coverage may not be canceled or materially changed without 30 days=s written notice to the City. The notice of cancellation provision shall be physically endorsed on the Commercial General Liability policy. Failure of City to demand such certificate or other evidence of full compliance with these insurance requirements or failure of City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Organizer=s obligation to maintain such insurance. (FOR 4T" OF JULY FIREWORKS ONLY) The City agrees to include the Event as an insured activity under its existing liability insurance policies. The insurance required under this Paragraph shall require the insurer to give City not less than thirty (30) days notice prior to termination or cancellation of coverage. Organizer shall require all entities it contracts with to provide service at the Event to provide insurance with the same limits required of Organizer. 15. Organizer shall adhere to all applicable federal, state, and local laws, regulations, executive orders and ordinances and obtain all required permits. Required permits may include but are not limited to: Park Reservation Permit Parade Permit Noise Limit Permits Liquor Licenses Food Handler Permits Public Assembly Permits Fees for permits for the Event may be waived. 16. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by prepaid certified or registered mail or fax: If to Organizer, to: (Address) (Fax) If to City, to: (Address) (Fax) or such other address as either party may designate in writing to the other party for this purpose. SPONSORSHIP AGREEMENT Page 9 17. Other Warranties. Organizer represents and warrants that: A. Organizer has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person; B. Organizer=s trademarks do not infringe the trademarks or trade names or other rights of any other person; C. Organizer has all government licenses, permits or other authorizations necessary to conduct the Event as contemplated under this Agreement; and D. Organizer will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event. B. Organizer will ensure that all persons and entities it contracts with to provide services or goods at the Event shall have the knowledge, experience and capacity to provide the goods and services. 18. Records and Reporting A. Organizer shall maintain a complete set of records relating to the Event, in accordance with generally accepted accounting procedures. The records must be maintained for at least three years from the date they are generated. Organizer shall permit the authorized representatives of the City to inspect and audit all work, materials, payrolls, books, accounts, and other data and records of Organizer relating to the Event while this Agreement is in effect and for three years after termination of this Agreement. The obligations imposed by this section shall survive termination of this Agreement. B. Organizer shall request funding on an annual basis for future years within the City--s established budget cycle. The request for funding shall include: i. Financial statements from the previous year=s Event. ii. The budget for the Event to the year for which funding is requested. iii. An Event schedule. iv. A list of events associated with the Event. V. The amount of funds requested and the purpose for which the funds will be used. vi. A list of all other services, facilities, or other benefits, that Organizer is requesting from City. C. Failure to comply with subsections A or B of this section shall constitute cause for termination of this Agreement by the City. SPONSORSHIP AGREEMENT Page 10 19. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be construed in accordance with the laws of the State of Oregon, except for choice of law provisions. City and Organizer both consent to jurisdiction in the state and federal courts located in Oregon. Organizer shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS 279.312, 279.314, 279.316 and 279.320, which are hereby incorporated by reference. 20. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party, except that City may assign this Agreement to any successor entity. 21. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Organizer has made and makes no representations of any kind except those specifically set forth herein. 22. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns. 23. This agreement may be terminated by mutual agreement of the parties. Either party may terminate this agreement for no reason by providing notice of termination one year prior to termination. Either party may terminate this agreement for default by providing 30 days= notice. If the other party may cure the default and does so within 30 days, the agreement shall not terminate. City may terminate this agreement without notice by vote of the City Council if the City Council determines that it is in the public interest to do so. Any breach of this agreement shall be considered a default. The indemnification provisions shall survive termination. 24. Except for those responsibilities expressly reserved to the City Council, all rights and duties of the City may be exercised by the City Manager or designee. ORGANIZER SPONSOR [Name] [Signature] City of Tigard [Signature] [Date] [Date] I:\ADM\CATM'\EVENTS\SPONSOR\RESOLUTION - ATTACHMENT B.DOC SPONSORSHIP AGREEMENT Page 11 CITY OF TIGARD, OREGON RESOLUTION NO.00- 0 ) A RESOLUTION ESTABLISHING A PROCEDURE TO GRANT CITY SPONSORSHIP TO COMMUNITY EVENTS. WHEREAS, various groups organize and put on community and cultural events for the benefit of the citizens of Tigard, and WHEREAS, the City of Tigard from time to time offers support for some events in the form of direct cash grants, in-kind services, and/or access to City facilities or insurance, and WHEREAS, it would be appropriate for the City to join certain events as an official sponsor due to the number of Tigard citizens participating or volunteering for the event; the role of the event in creating a greater sense of community in Tigard; and the economic, artistic, and cultural benefits of the event to Tigard residents and businesses, and WHEREAS, official City sponsorship, with a commitment for long term participation, improves the ability of event organizers to plan for the long term and to obtain other sponsors and financial support, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the procedure for City Sponsorship of Cultural Events, included in this Resolution and Attachment A, is hereby adopted. PASSED: This OJ _ day of 2000. -Mayer--4C4) -e -T4gar-i Council President, City of Tigard ATTEST: ~ Ulm City Recorder - City of Tigard RESOLUTION NO. 00- Ul Page I Attachment A City Sponsorship of Cultural Events 1. The City of Tigard will formally recognize by Council resolution those community and cultural events that it wishes to sponsor. Sponsorship will continue until terminated by Council resolution, which will provide one year notice of termination. 2. City sponsorship will include City support (direct cash grants, in-kind services, access to facilities or insurance coverage, or a combination of the above) as identified in the sponsoring resolution. If City sponsorship includes direct cash grants, the sponsoring resolution will identify a target fundingamount. A target amount may be adjusted, however, during the City's annual budget process. 3. In identifying events for City sponsorship, the City will consider the following factors: a. The number of City residents participating in the event b. The number of City residents volunteering for the event c. The role of the event in creating a greater sense of community and Tigard identity d. Economic, artistic, and cultural benefits of the event to Tigard residents and businesses e. The level of support for the event raised from other sources 4. Events sponsored by the City will be required to list the City as an official sponsor in all publicity and promotional materials. 5. Dion-sponsored events may be considered for funding during the City's annual budget process on a year-to-year basis. RESOLUTION NO. 00-01 Page 2 CITY OF TIGARD, OREGON RESOLUTION NO. 01- A RESOLUTION ACKNOWLEDGING THAT THE BALLOON FESTIVAL IS A CITY OF TIGARD SPONSORED EVENT AND ESTABLISHING THE INITIAL FUNDING LEVEL BY THE CITY OF TIGARD. WHEREAS, the City of Tigard Vision Task Force and Action Planning Committee Strategy for Community Character and Quality of Life calls for development of an overall approach for sponsoring privately owned and operated community events, including long-standing events and new events, and development of a philosophy for event sponsorship; and WHEREAS, City of Tigard Resolution No. (Exhibit 1), established procedures and policies for City Sponsorship of Community Events; and WHEREAS, on April 25, 2000, the Tigard City Council approved the designation of the Balloon Festival as a City of Tigard Sponsored Event. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Balloon Festival is a City of Tigard sponsored event with the length of sponsorship to be automatically renewed from year-to-year, unless terminated as provided in the sponsorship agreement. Section 2: The amount of funding for the Balloon Festival shall not exceed $ for Fiscal Year 200_/200_. This amount shall be the target amount for future years, but the funding for future years shall be determined by the City Council in its sole discretion based on an annual review. Section 3: The funding shall be to reimburse the organizers of the Balloon Festival for costs incurred to put on the Balloon Festival. No payments shall be made by the City without proof of the expenditures in a form acceptable to the Finance Director. (ALTERNATIVE) The funding shall be to pay some of the costs to put on the Balloon Festival. In the event the Balloon Festival does not take place within the City of Tigard, payments shall be refunded as specified in the sponsorship agreement. Section 4: The sponsorship of the Balloon Festival does not give the Balloon Festival any authority to act for the City. The Balloon Festival is an independent entity and not an employee, officer or agent of the City of Tigard for any purpose. Section 5: This resolution shall be effective upon execution of a Sponsorship Agreement in the form of the attached Exhibit 2 by the Balloon Festival. Page 1 - RESOLUTION NO. 01-. Section 6: Resolution No. is hereby repealed. (Specific resolution for each event). PASSED: This day of , 2001. ATTEST: Mayor, City of Tigard City Recorder - City of Tigard I:WDM\CATHY\EVENTS\SPONSOR\RESOLUTION - BALLOON FEST.DOC Page 2 - RESOLUTION NO. 01- EXHIBIT 2 SPONSORSHIP AGREEMENT This sponsorship agreement is between the City of Tigard, an Oregon municipal corporation ("City") and the Balloon Festival, a ("Organizer"). RECITALS a. Organizer is the organizer of the Balloon Festival (the "Event") and has asked the City to be a sponsor of the Event. Although open to the public, the Event put on by Organizer is a private event and not an official City event. b. City has passed a resolution which provides procedures and policies for City sponsorship of events. C. City has passed a resolution which authorized City sponsorship of the Event, subject to execution of this Sponsorship Agreement. d. City and Organizer have agreed to the scope of the City sponsorship and the relationship between the City and Organizer as set forth below. AGREEMENT 1. This agreement shall be effective when Organizer provides certificates of insurance as required by Section 12G below. 2. This agreement shall remain in effect until terminated as provided in Section 23 below. 3. City shall reimburse (pay) Organizer up to for fiscal year , for costs incurred to put on the Event, as provided for in Resolution . Payment shall be made only after Organizer provides proof that the costs have been incurred and paid by the Organizer and were costs of the Event. (Payment shall be made no more than 60 days prior to the Event to pay costs of the Event.) The amount of funds, if any, that the City will provide for future fiscal years shall be determined by the Tigard City Council in its sole discretion. 4. City shall make the following City facilities available for use by Organizer: Those portions of Cook Park marked on the attached Exhibit A. The dates and times of use of the City facilities shall be specified in a permit that must be applied for at least days before the Event. All fees for the permit may be waived. SPONSORSHIP AGREEMENT - Balloon Festival Page 1 During the period that Organizer has the right to use these areas, Organizer r. --y determine who may engage in commercial activities within these areas. For all other areas Organizer shall have no right to exclude persons or prevent them from engaging in commercial activity. To provide security for equipment, goods and other property of Organizer during the Event, camping within the exclusive area is permitted to Organizer and those permitted to camp by Organizer. This section constitutes the camping permit authorized by TMC §7.80.020. 5. City shall provide the following in-kind services to the Organizer: City shall police Cook Park during the Event. Organizer shall have no right to control or direct City police operations and City employees. Nothing in this section relieves Organizer from responsibility for damage to City property or other property resulting from the Event. City shall provide litter clean up for the Event within Cook Park. Organizer shall have no right to control or direct City employees. Nothing in this section relieves Organizer from responsibility for damage to City property or other property resulting from the Event. 6. (REIMBURSEMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, the City may reimburse Organizer for expenses incurred by Organizer prior to the cancellation up to the amount stated in Section 2. If the Event is canceled by Organizer for reasons within Organizer's control, the City shall not pay any funds to Organizer and Organizer shall return to the City all funds paid by the City to Organizer in connection with the canceled Event within ten (10) business days of the cancellation. (PAYMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, Organizer shall repay the City the amount paid pursuant to Section 2, provided however, that Organizer shall not be required to refund any amount actually expended for the Event before cancellation. In determining whether proceeds from the City have been expended, Organizer shall balance expenditures for the Event against revenue related to the Event, and all excess income up to the amount stated in Section 2 shall be used to repay the City. If the Event is canceled for any reason, the City shall not provide any in-kind services after the date of cancellation. If the Event is canceled for any reason, the City's facilities shall be available to the Organizer on the same basis that they are available to any other person or entity. If the main location of the Event moves outside the City limits of the City of Tigard for a SPONSORSHIP AGREEMENT - Balloon Festival Page 2 given year, the City may terminate or reduce payments and/or the provision of services as it determines appropriate. The termination or reduction shall be decided by the City Council in its sole discretion. 7. Organizer shall identify City as a sponsor of the Event and Organizer shall provide the following rights to City: A. The right to have a booth at the Event. B. The right to have banners at the following locations: , (list) such banners to be provided by Organizer and to be of a size and design chosen by City and placed in accordance with City's directions. C. The right to have (number) additional signs at locations specified by City and at a distance of at least (number) feet from other signage, such signs to be provided by Organizer. D. The right to signage on all courtesy vehicles, if any, used by Organizer in connection with the Event. E. The right to credit as follows in all print advertising of a size larger than (number) square inches placed by Organizer in connection with the Event: inclusion of City as listed sponsor. F. The right to be named in all press releases issued by Organizer. G. The right to be listed in any list of sponsors or to be included in any acknowledgment of sponsors. H. The right to (number) pages of advertising in the official program produced by Organizer. 1. The right to have the city logo displayed on an equal basis with other sponsors. J. The right to use photographs and film of this Event generated by the City, its employees, agents or volunteers. K. The right to erect a courtesy tent or host a similar area at the Event at a location designated by Organizer. L. The right to make public address announcements during the Event. Nothing in the identification of the City as a sponsor shall state or imply that the Organizer is an agent of the City or that the City is responsible in any way for the Event. SPONSORSHIP AGREEMENT - Balloon Festival Page 3 Organizer shall provide sufficient means by which the public may obtain information about the Event, including but not limited to adequate phone lines to handle inquiries about the Event. The information phone lines shall be answered by a person or by a message that includes Event location, schedule and pricing information. Organizer shall provide City a written public information and communication plan at least 90 days before the Event. The City may require revisions to the plan. If Organizer fails to provide a plan or to comply with the plan, the City may terminate this Agreement, suspend or reduce payments, or deny Organizer the use of City facilities or services. City's only obligation to provide _nformation about the Event shall be to provide the Event's information telephone number and/or web site address. 9. Food and Beverage Service. A. Warranty. Organizer represents and warrants that it will cause all food and beverage vendors to represent and warrant, as a condition of their participation in the Event, that they will comply with all food service, sanitation and other regulations applicable to their services at the Event. B. Alcohol. If alcohol is served at the Event, Organizer will use its best efforts, and will cause its vendors to use their best efforts, to comply with all applicable laws and regulations, including City regulations, regarding the service of alcohol to intoxicated or underage persons, and to encourage the safe use of alcohol. C. Proof of Liquor Liability Coverage. If alcohol is served at the event, Contractor shall provide proof of Liquor Liability coverage required by Sections 12 and 14 of this Agreement. D. Music. Organizer represents and warrants that all music played at the Event, whether live, recorded or publicly broadcast, will be duly licensed for public performance by ASCAP, BMI, SESAC or such other performing rights societies or copyright owners as may be required by law, or else in the public domain. Organizer will indemnify and hold City harmless from and against any liability arising out of the performance of music at the Event. 10. The City and Organizer enter into this agreement at arms-length and their only relationship is contractual. Neither party is an employee, agent, partner, or co-venturer in relationship to the other. Organizer is and remains an independent entity and has no authority whatsoever to act for the City. Organizer is not an officer, employee or agent of City as those terms are used in ORS 30.265. Organizer's officers, employees and agents are not the officers, employees, or agents of City those terms are used in ORS 30.265. Organizer, its employees and officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of City for any purpose whatsoever, nor are SPONSORSHIP AGREEMENT - Balloon Festival Page 4 they authorized to do so. Organizer shall include a provision that it is not an agent of the City in all contracts it enters into with third parties. 11. Organizer is solely responsible for the organization of the Event and accepts responsibility and liability for all personal injury, property damage, and other damages arising from or related to the Event. The City has no responsibility for the organization or operation of the Event. To the fullest extent permitted by law, Organizer agrees to fully indemnify, hold harmless and defend the City, its elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental to damages or injuries to persons or property, in any way related to the Event, or any activity associated with the Event, except for claims, damages, losses and expenses that are solely attributable to the actions of the City. Organizer's agreement to indemnify, hold harmless and defend the City extends to all claims damages, losses and expenses caused by or alleged to be caused by the fault or negligence in whole or in part of Organizer's agents, contractors, sub-contractors, employees or any third-parties that are in any way related to the Event. This provision is essential to the City's agreement to sponsor the Event and may not be severed from this agreement. This indemnity extends to all claims, damages, losses and expenses relating to operation of hot-air balloons, the operation of any carnival rides or games, and the sale or consumption of food or drink in connection with the Event.] [OPTIONAL - This indemnity extends to all claims, damages, losses and expenses relating in any way to fireworks, including injuries or damage resulting from explosion, fire, noise, shock or other direct or indirect effects of fireworks whether or not the damage or injury occurred from a planned or unplanned use or explosion.] 12. Organizer shall include in all Event-related contracts with third parties a provision requiring the third party to defend, hold harmless, and indemnify the City as to any claim arising from the actions or negligence of the third party and shall include in those contracts a provision requiring the third parties to maintain adequate liability insurance naming the City as an additional insured. Organizer shall require contracts of all balloon owners and operators, and third parties that provide food or beverage service, rides or other entertainment at the site and shall require that the insurance covers the type of service or goods provided. Organizer shall require any third party serving alcohol at the event to obtain Liquor Liability coverage. Limits for Liquor Liability coverage must match the limits required of Organizer for Commercial General Liability coverage. The Liquor Liability endorsement must be attached to the certificate of insurance provided to the City. Organizer shall provide City with the name, address and phone number of all third parties with which it contracts, a general description of the work the contractor will perform and a copy of each contract. Organizer shall also provide City with the name, address and phone number of all other sponsors of the Event. 13. Organizer has chosen to use City property and facilities for the Event based on Organizer's inspection of the property and facilities and determination that the property SPONSORSHIP AGREEMENT - Balloon Festival Page 5 and facilities are appropriate for the Event. Organizer accepts that the City is not responsible for any defects, imperfections, or lack of suitability of the City property and facilities. 14. During the term of this sponsorship agreement, Organizer shall purchase and maintain insurance of the types and in the amounts specified in this section. Organizer shall furnish acceptable certificates of insurance to City at least 60 days before commencement of the Event, or within ten (10) days after execution of this agreement if this agreement is executed less than 70 days before the Event. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer's failure to purchase or maintain any required insurance. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer's failure to purchase or maintain any required insurance. Organizer shall be responsible for the payment of all premiums and deductibles. Organizer shall maintain insurance of the types and in the amounts described below. A. General Liability Insurance Organizer shall obtain, at Organizer's expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this agreement. The following limits of insurance will be carried: Coverage Limit General Aggregate $1,000,000 Products - Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one Fire) 50,000 Medical Expense (Any one Person) 5,000 Employers Liability 500,000 SPONSORSHIP AGREEMENT - Balloon. Festival Page 6 B. Liquor Liability Coverage If alcohol is to be served at the event, Liquor Liability coverage will be endorsed to the Commercial General Liability coverage. Limits for Liquor Liability coverage will match the limits provided for the Commercial General Liability coverage. The endorsement must be attached to the certificate of insurance provided to the City. C. Commercial Automobile Insurance Organizer shall also obtain, at Organizer's expense, and keep in effect during the term of this agreement, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. This requirement applies if the Organizer provides transportation to or from the event for participants. D. Workers Compensation Insurance Organizer shall provide coverage for all employees coming under the scope of State Workers Compensation laws. This shall include Employers Liability Insurance with coverage of not less than $500,000 per accident. E. Additional Insured Requirement The City of Tigard, its officers, directors, employees, and volunteers shall be added as additional insured with respect to the Event. All Commercial General Liability insurance policies will be endorsed to show this additional coverage. F. Insurance Carrier Acceptability An insurance company acceptable to the City of Tigard must underwrite coverages provided by the Organizer. G. Evidence of Insurance As evidence of the insurance coverage required by this agreement, the Organizer shall provide a certificate of insurance to the City. No use of City facilities, payment or other benefit will be provided by the City to the Organizer until the required certificates have been received and approved by the City. The certificate will specify and document all provisions required by this agreement. A renewal certificate will be sent to the City 10 days prior to coverage expiration. SPONSORSHIP AGREEMENT - Balloon Festival Page 7 H. Cancellation Provisions Coverage may not be canceled or materially changed without 30 days's written notice to the City. The notice of cancellation provision shall be physically endorsed on the Commercial General Liability policy. Failure of City to demand such certificate or other evidence of full compliance with these insurance requirements or failure of City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Organizer's obligation to maintain such insurance. 15. Organizer shall adhere to all applicable federal, state, and local laws, regulations, executive orders and ordinances and obtain all required permits. Required permits may include but are not limited to: Park Reservation Permit Parade Permit Noise Limit Permits Liquor Licenses Food Handler Permits Public Assembly Permits Fees for permits for the Event may be waived. 16. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by prepaid certified or registered mail or fax: If to Organizer, to: If to City, to: (Address) (Fax) or such other address as either party may designate in writing to the other party for this purpose. 17. Other Warranties. Organizer represents and warrants that: A. Organizer has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person; B. Organizer's trademarks do not infringe the trademarks or trade names or other rights of any other person; (Address) (Fax) SPONSORSHIP AGREEMENT - Balloon Festival Page 8 C. Organizer has all government licenses, permits or other authorizations necessary to conduct the Event as contemplated under this Agreement; and D. Organizer will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event. E. Organizer will ensure that all persons and entities it contracts with to provide services or goods at the Event shall have the knowledge, experience and capacity to provide the goods and services. 18. Records and Reporting A. Organizer shall maintain a complete set of records relating to the Event, in accordance with generally accepted accounting procedures. The records must be maintained for at least three years from the date they are generated. Organizer shall permit the authorized representatives of the City to inspect and audit all work, materials, payrolls, books, accounts, and other data and records of Organizer relating to the Event while this Agreement is in effect and for three years after termination of this Agreement. The obligations imposed by this section shall survive termination of this Agreement. B. Organizer shall request funding on an annual basis for future years within the City's established budget cycle. The request for funding shall include: i. Financial statements from the previous year's Event. ii. The budget for the Event to the year for which funding is requested. iii. An Event schedule. iv. A list of events associated with the Event. V. The amount of funds requested and the purpose for which the funds will be used. vi. A list of all other services, facilities, or other benefits, that Organizer is requesting from City. C. Failure to comply with subsections A or B of this section shall constitute cause for termination of this Agreement by the City. 19. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be construed in accordance with the laws of the State of Oregon, except for choice of law provisions. City and Organizer both consent to jurisdiction in the state and federal courts located in Oregon. Organizer shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS 279.312, 279.314, 279.316 and 279.320, which are hereby incorporated by reference. 20. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party, except that City may assign this Agreement to any successor entity. SPONSORSHIP AGREEMENT - Balloon Festival Page 9 21. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Organizer has made and makes no representations of any kind except those specifically set forth herein. 22. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns. 23. This agreement may be terminated by mutual agreement of the parties. Either party may terminate this agreement for no reason by providing notice of termination one year prior to termination. Either party may terminate this agreement for default by providing 30 days' notice. If the other party may cure the default and does so within 30 days, the agreement shall not terminate. City may terminate this agreement without notice by vote of the City Council if the City Council determines that it is in the public interest to do so. Any breach of this agreement shall be considered a default. The indemnification provisions shall survive termination. 24. Except for those responsibilities expressly reserved to the City Council, all rights and duties of the City may be exercised by the City Manager or designee. ORGANIZER SPONSOR [Name] City of Tigard [Signature] [Signature] [Date] [Date] I:\ADM\CATHY\EVENTS\,SPONSOR\RESOLUTION - BALLOON FEST - EXH 2.DOC SPONSORSHIP AGREEMENT - Balloon Festival Page 10 AP-11 ~ c DI CITY OF TIGARD, OREGON RESOLUTION NO. 01- A RESOLUTION ACKNOWLEDGING THAT THE BROADWAY ROSE THEATER IS A CITY OF TIGARD SPONSORED EVENT AND ESTABLISHING THE INITIAL FUNDING LEVEL BY THE CITY OF TIGARD. WHEREAS, the City of Tigard Vision Task Force and Action Planning Committee Strategy for Community Character and Quality of Life calls for development of an overall approach for sponsoring privately owned and operated community events, including long-standing events and new events, and development pf a philosophy for event sponsorship; and WHEREAS, City of Tigard Resolution No. (Exhibit 1), established procedures and policies for City Sponsorship of Community Events; and WHEREAS, on April 25, 2000, the Tigard City Council approved the designation of the Broadway Rose Theater as a City of Tigard Sponsored Event. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Broadway Rose Theater is a City of Tigard Sponsored Event with the length of sponsorship to be automatically renewed from year-to-year, unless terminated as provided in the sponsorship agreement. Section 2: The amount of funding for the Broadway Rose Theater shall not exceed $ for Fiscal Year 200_/200_. This amount shall be the target amount for future years, but the funding for future years shall be determined by the City Council in its sole discretion based on an annual review. Section 3: The funding shall be to reimburse the organizers of the Broadway Rose Theater for costs incurred to put on the Broadway Rose Theater. No payments shall be made by the city without proof of the expenditures in a form acceptable to the Finance Director. (ALTERNATIVE) The funding shall be to pay some of the costs to put on the Broadway Rose Theater. In the event the Broadway Rose Theater does not have its major performance venue within the City of Tigard, a refund to the City will be required as specified in the sponsorship agreement. Page 1 - RESOLUTION NO. 01- Section 4: The sponsorship of the Broadway Rose Theater does not give the Broadway Rose Theater any authority to act for the City. The Broadway Rose Theater and its organizer, employees and agents are independent entities and not employees, officers or agents of the City of Tigard for any purpose. Section S: This resolution shall be effective upon execution of a Sponsorship Agreement in the form of the attached Exhibit 2 by the Broadway Rose Theater. Section 6: Resolution No. is hereby repealed. (Specific resolution for each event). PASSED: This day of , 2001. Mayor, City of Tigard ATTEST: City Recorder - City of Tigard I:VADM\CATHY\EVENTS\SPONSOR\RESOLUTION - BROADWAY ROSE.DOC Page 2 - RESOLUTION NO. 01- EXHIBIT 2 SPONSORSHIP AGREEMENT This sponsorship agreement is between the City of Tigard, an Oregon municipal corporation ("City") and the Broadway Rose Theater, a ("Organizer"). RECITALS a. Organizer is the organizer of the Broadway Rose Theater season (the "Event") and has asked the City to be a sponsor of the Event. Although open to the public, the Event put on by Organizer is a private event and not an official City event. b. City has passed a resolution which provides procedures and policies for City sponsorship of events. C. City has passed a resolution which authorized City sponsorship of the Event, subject to execution of this Sponsorship Agreement. d. City and Organizer have agreed to the scope of the City sponsorship and the relationship between the City and Organizer as set forth below. AGREEMENT 1. This agreement shall be effective when organizer provides certificates of insurance as required by Section I IG below. 2. This agreement shall remain in effect until terminated as provided in Section 21 below. 3. City shall reimburse (pay) Organizer up to for fiscal year , for costs incurred to put on the Event, as provided for in Resolution . Payment / shall be made only after Organizer provides proof that the costs have been incurred and paid by the Organizer and were costs of the Event. (Payment shall be made no more than 60 days prior to the Event to pay costs of the Event.) The amount of funds, if any, that the City will provide for future fiscal years shall be determined by the Tigard City Council in its sole discretion. 4. (REIMBURSEMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, the City may reimburse Organizer for expenses incurred by Organizer prior to the cancellation up to the amount stated in Section 2. If the Event is canceled by Organizer for reasons within Organizer's control, the City shall not pay any funds to Organizer and Organizer shall return to the City all funds paid by the City to Organizer in connection with the canceled Event within ten (10) business days of the cancellation. SPONSORSHIP AGREEMENT - Broadway Rose Theater Page I (PAYMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, Organizer shall repay the City the amount paid pursuant to Section 2, provided however, that Organizer shall not be required to refund any amount actually expended for the Event before cancellation. In determining whether proceeds from the City have been expended, Organizer shall balance expenditures for the Event against revenue related to the Event, and all excess income up to the amount stated in Section 2 shall be used to repay the City. If the Event is canceled for any reason, the City shall not provide any in-kind services after the date of cancellation. If the Event is canceled for any reason, the City's facilities shall be available to the Organizer on the same basis that they are available to any other person or entity. If the main location of the Event moves outside the City limits of the City of Tigard for a given year, the City may terminate or reduce payments and/or the provision of services as it determines appropriate. The termination or reduction shall be decided by the City Council in its sole discretion. i. Organizer shall identify City as a sponsor of the Event and Organizer shall provide the following rights to City: A. The right to have a booth at the Event. B. The right to have banners at the following locations: , (list) such banners to be provided by Organizer and to be of a size and design chosen by City and placed in accordance with City's directions. C. The right to have (number) additional signs at locations specified by City and at a distance of at least (number) feet from other signage, such signs to be provided by Organizer. D. The right to signage on all courtesy vehicles, if any, used by Organizer in connection with the Event. E. The right to credit as follows in all print advertising of a size larger than _ (number) square inches placed by Organizer in connection with the Event: inclusion of City as listed sponsor. F. The right to be named in all press releases issued by Organizer. G. The right to be listed in any list of sponsors or to be included in any acknowledgment of sponsors. SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 2 H. The right to (number) pages of advertising in the official program produced by Organizer. 1. The right to have the city logo displayed on an equal basis with other sponsors. J. The right to use photographs and film of this Event generated by the City, its employees, agents or volunteers. K. The right to erect a courtesy tent or host a similar area at the Event at a location designated by Organizer. L. The right to make public address announcements during the Event. Nothing in the identification of the City as a sponsor shall state or imply that the Organizer is an agent of the City or that the City is responsible in any way for the Event. 6. Organizer shall provide sufficient means by which the public may obtain information about the Event, including but not limited to adequate phone lines to handle inquiries about the Event. The information phone lines shall be answered by a person or by a message that includes Event location, schedule and pricing information. Organizer shall provide City a written public information and communication plan at least 90 days before the Event. The City may require revisions to the plan. If Organizer fails to provide a plan or to comply with the plan, the City may terminate this Agreement, suspend or reduce payments, or deny Organizer the use of City facilities or services. City's only obligation to provide information about the Event shall be to provide the Event's information telephone number and/or web site address. 7. Food and Beverage Service. A. Warranty. Organizer represents and warrants that it will cause all food and beverage vendors to represent and warrant, as a condition of their participation in the Event, that they will comply with all food service, sanitation and other regulations applicable to their services at the Event. B. Alcohol. If alcohol is served at the Event, Organizer will use its best efforts, and will cause its vendors to use their best efforts, to comply with all applicable laws and regulations, including City regulations, regarding the service of alcohol to intoxicated or underage persons, and to encourage the safe use of alcohol. C. Proof of Liquor Liability Coverage. If alcohol is served at the event, Contractor shall provide proof of Liquor Liability coverage required by Sections 10 and 11 of this Agreement. SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 3 D. Music. Organizer represents and warrants that all music played at the Event, whether live, recorded or publicly broadcast, will be duly licensed for public performance by ASCAP, BMI, SESAC or such other performing rights societies or copyright owners as may be required by law, or else in the public domain. Organizer will indemnify and hold City harmless from and against any liability arising out of the performance of music at the Event. The City and Organizer enter into this agreement at arms-length and their only relationship is contractual. Neither party is an employee, agent, partner, or co-venturer in relationship to the other. Organizer is and remains an independent entity and has no authority whatsoever to act for the City. Organizer is not an officer, employee or agent of City as those terms are, used in ORS 30.265. Organizer's officers, employees and agents are not the officers, employees, or agents of City those terms are used in ORS 30.265. Organizer, its employees and officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of City for any purpose whatsoever, nor are they authorized to do so. Organizer shall include a provision that it is not an agent of the City in all contracts,it enters into with third parties. 9. Organizer is solely responsible for the organization of the Event and accepts responsibility and liability for all personal injury, property damage, and other damages arising from or related to the Event. The City has no responsibility for the organization or operation of the Event. To the fullest extent permitted by law, Organizer agrees to fully indemnify, hold harmless and defend the City, its elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental to damages or injuries to persons or property, in any way related to the Event, or any activity associated with the Event, except for claims, damages, losses and expenses that are solely attributable to the actions of the City. Organizer's agreement to indemnify, hold harmless and defend the City extends to all claims damages, losses and expenses caused by or alleged to be caused by the fault or negligence in whole or in part of Organizer's agents, contractors, sub-contractors, employees or any third-parties that are in any way related to the Event. This provision is essential to the City's agreement to sponsor the Event and may not be severed from this agreement. 10. Organizer shall include in all Event-related contracts with third parties a provision requiring the third party to defend, hold harmless, and indemnify the City as to any claim arising from the actions or negligence of the third party and shall include in those contracts a provision requiring the third parties to maintain adequate liability insurance naming the City as an additional insured. Organizer shall require contracts of all third parties that provide food or beverage service, rides or other entertainment at the site and shall require that the insurance covers the type of service or goods provided. Organizer shall require any third party serving alcohol at the event to obtain Liquor Liability coverage. Limits for Liquor Liability coverage must match the limits required of Organizer for Commercial General Liability coverage. The Liquor Liability endorsement SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 4 must be attached to the certificate of insurance provided to the City. Organizer shall provide City with the name, address and phone number of all third parties with which it contracts, a general description of the work the contractor will perform and a copy of each contract. Organizer shall also provide City with the name, address and phone number of all other sponsors of the Event. 11. During the term of this sponsorship agreement, Organizer shall purchase and maintain insurance of the types and in the amounts specified in this section. Organizer shall furnish acceptable certificates of insurance to City at least 60 days before commencement of the Event, or within ten (10) days after execution of this agreement if this agreement is executed less than 70 days before the Event. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer's failure to purchase or maintain any required insurance. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer's failure to purchase or maintain any required insurance. Organizer shall be responsible for the payment of all premiums and deductibles. Organizer shall maintain insurance of the types and in the amounts described below. A. General Liability Insurance Organizer shall obtain, at Organizer's expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this agreement. The following limits of insurance will be carried: Coverage General Aggregate Products - Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (Any one Fire) Medical Expense (Any one Person) Employers Liability Limit $1,000,000 2,000,000 1,000,000 1,000,000 50,000 5,000 500,000 SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 5 B. Liquor Liability Coverage If alcohol is to be served at the event, Liquor Liability coverage will be endorsed to the Commercial General Liability coverage. Limits for Liquor Liability coverage will match the limits provided for the Commercial General Liability coverage. The endorsement must be attached to the certificate of insurance provided to the City. C. Commercial Automobile Insurance Organizer shall also obtain, at Organizer's expense, and keep in effect during the term of this agreement, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. This requirement applies if the Organizer provides transportation to or from the event for participants. D. Workers Compensation Insurance Organizer shall provide coverage for all employees coming under the scope of State Workers Compensation laws. This shall include Employers Liability Insurance with coverage of not less than $500,000 per accident. E. Additional Insured Requirement The City of Tigard, its officers, directors, employees, and volunteers shall be added as additional insured with respect to the Event. All Commercial General Liability insurance policies will be endorsed to show this additional coverage. F. Insurance Carrier Acceptability An insurance company acceptable to the City of Tigard must underwrite coverages provided by the Organizer. G. Evidence of Insurance As evidence of the insurance coverage required by this agreement, the Organizer shall provide a certificate of insurance to the City. No use of City facilities, payment or other benefit will be provided by the City to the Organizer until the required certificates have been received and approved by the City. The certificate will specify and document all provisions required by this agreement. A renewal certificate will be sent to the City 10 days prior to coverage expiration. SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 6 H. Cancellation Provisions Coverage may not be canceled or materially changed without 30 days written notice to the City. The notice of cancellation provision shall be physically endorsed on the Commercial General Liability policy. Failure of City to demand such certificate or other evidence of full compliance with these insurance requirements or failure of City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Organizer's obligation to maintain such insurance. The insurance required under this paragraph shall require the insurer to give City not less than thirty (30) days notice prior to termination or cancellation of coverage. Organizer shall require all entities it contracts with to provide service at the Event to provide insurance with the same limits required of Organizer. 12. Organizer shall adhere to all applicable federal, state, and local laws, regulations, executive orders and ordinances and obtain all required permits. Required permits may include but are not limited to: Liquor Licenses Food Handler Permits Fees for permits for the Event may be waived. 13. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by prepaid certified or registered mail or fax: If to Organizer, to: If to City, to: (Address) (Fax) or such other address as either party may designate in writing to the other party for this purpose. 14. . Other Warranties. Organizer represents and warrants that: A. Organizer has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person; (Address) (Fax) SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 7 B. Organizer's trademarks do not infringe the trademarks or trade names or other rights of any other person; C. Organizer has all government licenses, permits or other authorizations necessary to conduct the Event as contemplated under this Agreement; and D. Organizer will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event. E. Organizer will ensure that all persons and entities it contracts with to provide services or goods at the Event shall have the knowledge, experience and capacity to provide the goods and services. 15. Records and Reporting A. Organizer shall maintain a complete set of records relating to the Event, in accordance with generally accepted accounting procedures. The records must be maintained for at least three years from the date they are generated. Organizer shall permit the authorized representatives of the City to inspect and audit all work, materials, payrolls, books, accounts, and other data and records of Organizer relating to the Event while this Agreement is in effect and for three years after termination of this Agreement. The obligations imposed by this section shall survive termination of this Agreement. B. Organizer shall request funding on an annual basis for future years within the City's established budget cycle. The request for funding shall include: i. Financial statements from the previous year's Event. ii. The budget for the Event to the year for which funding is requested. iii. An Event schedule. iv. A list of events associated with the Event. V. The amount of funds requested and the purpose for which the funds will be used. vi. A list of all other services, facilities, or other benefits, that Organizer is requesting from City. C. Failure to comply with subsections A or B of this section shall constitute cause for termination of this Agreement by the City. 16. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be construed in accordance with the laws of the State of Oregon, except for choice of law provisions. City and Organizer both consent to jurisdiction in the state and federal courts located in Oregon. Organizer shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS 279.312, 279.314, 279.316 and 279.320, which are hereby incorporated by reference. SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 8 17. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party, except that City may assign this Agreement to any successor entity. 18. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Organizer has made and makes no representations of any kind except those specifically set forth herein. 19. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns. 20. This agreement may be terminated by mutual agreement of the parties. Either party may terminate this agreement for no reason by providing notice of termination one year prior to termination. Either party may terminate this agreement for default by providing 30 days' notice. If the other party may cure the default and does so within 30 days, the agreement shall not terminate. City may terminate this agreement without notice by vote of the City Council if the City Council determines that it is in the public interest to do so. Any breach of this agreement shall be considered a default. The indemnification provisions shall survive termination. 21. Except for those responsibilities expressly reserved to.the City Council, all rights and duties of the City may be exercised by the City Manager or designee. ORGANIZER SPONSOR [Name] City of Tigard [Signature] [Signature] [Date] [Date] I:\NDM\CATHY\EVENTS\SPONSOR\RESOLUTION - BROADWAY ROSE - EXH 2.DOC SPONSORSHIP AGREEMENT - Broadway Rose Theater Page 9 -lpf' 1 01 CITY OF TIGARD, OREGON RESOLUTION NO. 01- A RESOLUTION ACKNOWLEDGING THAT THE 4T" OF JULY FIREWORKS IS A CITY OF TIGARD SPONSORED EVENT AND ESTABLISHING THE INITIAL FUNDING LEVEL BY THE CITY OF TIGARD. WHEREAS, the City of Tigard Vision Task Force and Action Planning Committee Strategy for Community Character and Quality of Life calls for development of an overall approach for sponsoring privately owned and operated community events, including long-standing events and new events, and development of a philosophy for event sponsorship; and WHEREAS, City of Tigard Resolution No. (Exhibit 1), established procedures and policies for City Sponsorship of Community Events; and WHEREAS, on April 25, 2000, the Tigard City Council approved the designation of the 4"i of July Fireworks as a City of Tigard Sponsored Event. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section i : The 4' of July Fireworks is a City of Tigard sponsored event with the length of sponsorship to be automatically renewed from year-to-year, unless terminated as provided in the sponsorship agreement. Section 2: The amount of funding for the 40' of July Fireworks shall not exceed $ for Fiscal Year 200_/200_. This amount shall be the target amount for future years, but the funding for future years shall be determined by the City Council in its sole discretion based on an annual review. Section 3: The funding shall be to reimburse the organizers of the 4`' of July Fireworks for costs incurred to put on the 4' of July Fireworks. No payments shall be made by the City without proof of the expenditures in a form acceptable to the Finance Director. (ALTERNATIVE) The funding shall be to pay some of the costs to put on the 4`' of July Fireworks. In the event the 40' of July Fireworks do not take place within the City of Tigard, a refund shall be paid to the City as specified in the sponsorship agreement. Page 1 - RESOLUTION NO. 01- Section 4: The sponsorship of the 4' of July Fireworks does not give the 4' of July Fireworks any authority to act for the City. The 4'h of July Fireworks is an independent entity and not an employee, officer or agent of the City of Tigard for any purpose. Section 5: This resolution shall be effective upon execution of a Sponsorship Agreement in the form of the attached Exhibit 2 by the 4' of July Fireworks. Section 6: Resolution No. is hereby repealed. (Specific resolution for each event). PASSED: This day of 92001. ATTEST: Mayor, City of Tigard City Recorder - City of Tigard I:\ADM\CATHY\EVENTS\SPONSOR\RESOLUTION - 4TH JULY.DOC Page 2 - RESOLUTION NO. 01- EXHIBIT 2 SPONSORSHIP AGREEMENT This sponsorship agreement is between the City of Tigard, an Oregon municipal corporation ("City") and the 4th of July Fireworks, a ("Organizer"). RECITALS a. Organizer is the organizer of the 4th of July Fireworks (the "Event") and has asked the City to be a sponsor of the Event. Although open to the public, the Event put on by Organizer is a private event and not an official City event. b. City has passed a resolution which provides procedures and policies for City sponsorship of events. C. City has passed a resolution which authorized City sponsorship of the Event, subject to execution of this Sponsorship Agreement. d. City and Organizer have agreed to the scope of the City sponsorship and the relationship between the City and Organizer as set forth below. AGREEMENT 1. This agreement shall be effective when Organizer provides certificates of insurance as required by Section 14 below. This agreement shall remain in effect until terminated as provided in Section 23 below. City shall reimburse (pay) Organizer up to for fiscal year , for costs incurred to put on the Event, as provided for in Resolution . Payment shall be made only after Organizer provides proof that the costs have been incurred and paid by the Organizer and were costs of the Event. (Payment shall be made no more than 60 days prior to the Event to pay costs of the Event.) The amount of funds, if any, that the City will provide for future fiscal years shall be determined by the Tigard City Council in its sole discretion. 4. City shall make the following City facilities available for use by Organizer: Those portions of Cook Park marked on the attached Exhibit A. The dates and times of use of the City facilities shall be specified in a permit that must be applied for at least days before the Event. All fees for the permit may be waived. SPONSORSHIP AGREEMENT - 4th of July Fireworks Page 1 During the period that Organizer has the right to use these areas, Organizer may exclude others from these areas in order to ensure public safety. For all other areas Organizer shall have no right to exclude persons or prevent them from engaging in commercial activity. 5. (OPTIONAL) City shall provide the following in-kind services to the organizer: City shall include the event as a covered event under its general liability policy as provided in Section 14. 6. (REIMBURSEMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, the City may reimburse Organizer for expenses incurred by Organizer prior to the cancellation up to the amount stated in Section 2. If the Event is canceled by Organizer for reasons within Organizer's control, the City shall not pay any funds to Organizer and Organizer shall return to the City all fu►ids paid by the City to Organizer in connection with the canceled Event within ten (10) business days of the cancellation. (PAYMENT ALTERNATIVE) If the Event does not take place because of weather or other reason outside the control of the Organizer, Organizer shall repay the City the amount paid pursuant to Section 2, provided however, that Organizer shall not be required to refund any amount actually expended for the Event before cancellation. In determining whether proceeds from the City have been expended, Organizer shall balance expenditures for the Event against revenue related to the Event, and all excess income up to the amount stated in Section 2 shall be used to repay the City. If the Event is canceled for any reason, the City shall not provide any in-kind services after the date of cancellation. If the Event is canceled for any reason, the City's facilities shall be available to the Organizer on the same basis that they are available to any other person or entity. If the main location of the Event moves outside the City limits of the City of Tigard for a given year, the City may terminate or reduce payments and/or the provision of services as it determines appropriate. The termination or reduction shall be decided by the City Council in its sole discretion. 7. Organizer shall identify City as a sponsor of the Event and Organizer shall provide the following rights to City: A. The right to have a booth at the Event. B. The right to have banners at the following locations: , (list) such banners to be provided by Organizer and to be of a size and design chosen by City and placed in accordance with City's directions. SPONSORSHIP AGREEMENT - 4th of July Fireworks Page 2 C. The right to have (number) additional signs at locations specified by City and at a distance of at least (number) feet from other signage, such signs to be provided by Organizer. D. The right to signage on all courtesy vehicles, if any, used by Organizer in connection with the Event. E. The right to credit as follows in all print advertising of a size larger than _ (number) square inches placed by Organizer in connection with the Event: inclusion of City as listed sponsor. F. The right to be named in all press releases issued by Organizer. G. The right to be listed in any list of sponsors or to be included in any acknowledgment of sponsors. H. The right to (number) pages of advertising in the official program produced by Organizer. The right to have the city logo displayed on an equal basis with other sponsors. J. The right to use photographs and film of this Event generated by the City, its employees, agents or volunteers. K. The right to erect a courtesy tent or host a similar area at the Event at a location designated by Organizer. L. The right to make public address announcements during the Event. Nothing in the identification of the City as a sponsor shall state or imply that the Organizer is an agent of the City or that the City is responsible in any way for the Event. 8. Organizer shall provide sufficient means by which the public may obtain information about the Event, including but not limited to adequate phone lines to handle inquiries about the Event. The information phone lines shall be answered by a person or by a message that includes Event location, schedule and pricing information. Organizer shall provide City a written public information and communication plan at least 90 days before the Event. The City may require revisions to the plan. If Organizer fails to provide a plan or to comply with the plan, the City may terminate this Agreement, suspend or reduce payments, or deny Organizer the use of City facilities or services. City's only obligation to provide information about the Event shall be to provide the Event's information telephone number and/or web site address. 9. Food and Beverage Service. SPONSORSHIP AGREEMENT - 4"' of July Fireworks Page 3 A. Warranty. Organizer represents and warrants that it will cause all food and beverage vendors to represent and warrant, as a condition of their participation in the Event, that they will comply with all food service, sanitation and other regulations applicable to their services at the Event. B. Alcohol. If alcohol is served at the Event, Organizer will use its best efforts, and will cause its vendors to use their best efforts, to comply with all applicable laws and regulations, including City regulations, regarding the service of alcohol to intoxicated or underage persons, and to encourage the safe use of alcohol. C. Proof of Liquor Liability Coverage. If alcohol is served at the event, Contractor shall provide proof of Liquor Liability coverage required by Sections 13 and 15 of this Agreement. D. Music. Organizer represents and warrants that all music played at the Event, whether live, recorded or publicly broadcast, will be duly licensed for public performance by ASCAP, BMI, SESAC or such other performing rights societies or copyright owners as may be required by law, or else in the public domain. Organizer will indemnify and hold City harmless from and against any liability arising out of the performance of music at the Event. 10. The City and Organizer enter into this agreement at arms-length and their only relationship is contractual. Neither party is an employee, agent, partner, or co-venturer in relationship to the other. Organizer is and remains an independent entity and has no authority whatsoever to act for the City. Organizer is not an officer, employee or agent of City as those terms are used in ORS 30.265. Organizer's officers, employees and agents are not the officers, employees, or agents of City those terms are used in ORS 30.265. Organizer, its employees and officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of City for any purpose whatsoever, nor are they authorized to do so. Organizer shall include a provision that it is not an agent of the City in all contracts it enters into with third parties. 11. Organizer is solely responsible for the organization of the Event and accepts responsibility and liability for all personal injury, property damage, and other damages arising from or related to the Event. The City has no responsibility for the organization or operation of the Event to the extent the liability is not covered in the City's insurance as provided in Section 14. To the fullest extent permitted by law, Organizer agrees to fully indemnify, hold harmless and defend the City, its elected and appointed officials, and employees from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental to damages or injuries to persons or property, in any way related to the Event, or any activity associated with the Event, except for claims, damages, losses and expenses that are solely attributable to the actions of the City or that are covered by the City's insurance as provided in Section 14. Organizer's agreement to indemnify, hold harmless and defend the City extends to all claims damages, losses and expenses caused by or alleged to be caused by the fault or negligence in whole or in part of Organizer's agents, SPONSORSHIP AGREEMENT - 41h of July Fireworks Page 4 contractors, sub-contractors, employees or any third-parties that are in any way related to the Event. Nothing in this paragraph shall be interpreted or applied to reduce or limit in any way the insurance coverage provided by the City under Section 14. 12. Organizer shall include in all Event-related contracts with third parties if any, a provision requiring the third party to defend, hold harmless, and indemnify the City as to any claim arising from the actions or negligence of the third party and shall include in those contracts a provision requiring the third parties to maintain adequate liability insurance naming the City as an additional insured. Organizer shall require contracts of all third parties that provide food or beverage service, rides or other entertainment at the site and shall require that the insurance covers the type of service or goods provided. Organizer shall provide City with the name, address and phone number of all third parties with which it contracts, a general description of the work the contractor will perform and a copy of each contract. Organizer shall also provide City with the name, address and phone number of all other sponsors of the Event. 13. Organizer has chosen to use City property and facilities for the Event based on Organizer's inspection of the property and facilities and determination that the property and facilities are appropriate for the Event. Organizer accepts that the City is not responsible for any defects, imperfections, or lack of suitability of the City property and facilities. The City agrees to include the Event as an insured activity under its existing liability insurance, workers compensation and other relevant policies. Persons involved in putting on the event shall be considered volunteers for purposes of insurance coverage. 14. Organizer shall adhere to all applicable federal, state, and local laws, regulations, executive orders and ordinances and obtain all required permits. Required permits may include but are not limited to: Park Reservation Permit Parade Permit Noise Limit Permits Food Handler Permits Fees for permits for the Event may be waived. 15. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by prepaid certified or registered mail or fax: If to Organizer, to: (Address) (Fax) If to City, to: (Address) (Fax) SPONSORSHIP AGREEMENT - 41h of July Fireworks Page 5 or such other address as either party may designate in writing to the other party for this purpose. 16. Other Warranties. Organizer represents and warrants that: A. Organizer has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person; B. Organizer's trademarks do not infringe the trademarks or trade names or other rights of any other person; C. Organizer has all government licenses, permits or other authorizations necessary to conduct the Event as contemplated under this Agreement; and D. Organizer will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event. E. Organizer will ensure that all persons and entities it contracts with to provide services or goods at the Event shall have the knowledge, experience and capacity to provide the goods and services. 17. Records and Reporting A. Organizer shall maintain a complete set of records relating to the Event, in accordance with generally accepted accounting procedures. The records must be maintained for at least three years from the date they are generated. Organizer shall permit the authorized representatives of the City to inspect and audit all work, materials, payrolls, books, accounts, and other data and records of Organizer relating to the Event while this Agreement is in effect and for three years after termination of this Agreement. The obligations imposed by this section shall survive termination of this Agreement. B. Organizer shall request funding on an annual basis for future years within the City's established budget cycle. The request for funding shall include: i. Financial statements from the previous year's Event. ii. The budget for the Event to the year for which funding is requested. iii. An Event schedule. iv. A list of events associated with the Event. V. The amount of funds requested and the purpose for which the funds will be used. vi. A list of all other services, facilities, or other benefits, that Organizer is requesting from City. SPONSORSHIP AGREEMENT - 41h of July Fireworks Page 6 C. Failure to comply with subsections A or B of this section shall constitute cause for termination of this Agreement by the City. 18. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be construed in accordance with the laws of the State of Oregon, except for choice of law provisions. City and Organizer both consent to jurisdiction in the state and federal courts located in Oregon. Organizer shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS 279.312, 279.314, 279.316 and 279.320, which are hereby incorporated by reference. 19. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party, except that City may assign this Agreement to any successor entity. 20. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Organizer has made and makes no representations of any kind except those specifically set forth herein. 21. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns. 22. This agreement may be terminated by mutual agreement of the parties. Either party may terminate this agreement for no reason by providing notice of termination one year prior to termination. Either party may terminate this agreement for default by providing 30 days' notice. If the other party may cure the default and does so within 30 days, the agreement shall not terminate. City may terminate this agreement without notice by vote of the City Council if the City Council determines that it is in the public interest to do so. Any breach of this agreement shall be considered a default. The indemnification provisions shall survive termination. 23. Except for those responsibilities expressly reserved to the City Council, all rights and duties of the City may be exercised by the City Manager or designee. ORGANIZER SPONSOR [Name] City of Tigard [Signature] [Signature] [Date] [Date] i:\ADM\CATHY\EVENTS\SPONSOR\RESOLUTIN - 4TH JULY - EXH 2.DOC SPONSORSHIP AGREEMENT - 4`h of July Fireworks Page 7 AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : May 22, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda 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 Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED /y Gtr/ r ~ _ ~l ~S✓ Pi ~~~L✓' !/r'¢~L 6-Af /TIC 112""5 SC2 '40 6"W,37 PA7Y?1C1,-' A. FUY~NS' PORHH1--t Rol. /oSSS SW IGHLIIIVO p~2, I`1~1d~2 cpLe-if (--roe up tEp -J i M 64'L a r- 1 L{J f L"~ J 1/1 C~~~ v W C \ - ULA v r "fib I ~ RSocil f~zEa1 TWA n J60t7 W4 e- S'1 ""5 I-x350 ScJ z~l'e ~ ~3L~ ScU f~ ~✓r ddl~ ~.iC~ L~. f rTF~ZS ~ (Y) ' 6 W 1=1r% UX~ oh L VISITOR'S AGENDA Page 1 AGENDA ITEM NO.2 . VISITOR'S AGENDA DATE : May 22, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda 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 Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED Clil/`-6 VISITOR'S AGENDA Page 2 My name is Paul Hunt, 10320 SW Century Oak Dr., Tigard Or. 97224. Mr. Mayor, city council and staff : Having recently retired after serving eight years on the Tigard city council I am sure I will enjoy much more being on the giving end of the comments than on the receiving end where you are. I believe it is the policy of the city council to set a time limit on each speaker speaking under the "Visitors Agenda". If a group of residents are speaking on the same subject it has been the council's policy to allow one spokesman to used the combined time of the group if the group so requests. I would like permission to use the combined time of the members signed up on the sign up sheet regarding maintenance of right of way on major collectors. I am here tonight to speak as a representative for the Summerfield Civic Assn. and its members. We first planned to attend the meeting tonight because we were under the impression you would be discussing an ordinance regarding the maintenance of the right of ways and sidewalks on major collectors of Tigard city streets. We have learned this will not be the case since the budget committee did not approve the necessary expenditure. I have some comments and some questions. First I would like to discuss the additional expenditures to maintain Durham road as given to the budget committee. It is my understanding that expenditures included the cost to plant a lawn on the right of way and a sprinkling system. When the city improved Durham road Summerfield was told that they must maintain the right of way. They were not told they were liable for the sidewalks. Summerfield Civic Association hired someone to mow the grounds on a periodic basis. Due to the unevenness of the ground and foreign material it was very difficult to mow with mowers not designed to handle this type of ground. The man hired quit and the association could not find a replacement. Some of the residents mowed adjacent to their homes. After considerable discussion with the city, the city agreed to maintain the right of way. They have done this for the last four or five years without a charge to cummerfield Civic Association. The residents of Summerfield are not suggesting or asking the city to either plant a lawn or install a sprinkling system. The are asking for two things: 1. The city mow and/or spray weeds in the right of way on major collectors. 2. The city change the existing ordnance making the city responsible for repairing the sidewalks and assume all liability for the right of ways, including the sidewalks. Other circumstances should also be considered in a changing the ordnance. I believe this policy will lead to a more consistent policy than now is in force. Just west of Cook park is a parcel of land used as a green space and owned by the city. A year or two back one of the land owners adjacent to this green space planted roses and other flowers on the green space, put a split rail fence around it, and made an attractive flower bed. He was told that since it was on city property and the city was liable for any accident that might cccur there that he must remove it. The city's current law on the right of way on streets is saying just the opposite. The home owner next to the right of way must maintain the right of way. I assume the city could make me remove the flowering cherry trees I planted on the right of way adjacent to my house. I installed a sprinkling system, planted a lawn, mowed it and beautified the area. When the home owner, by the green space, was told he could not beautify the property adjoining his property I felt, being a council member, I should, and did cease to maintain the land near my property except that I did not remove the flowering cherry trees I had planted. I tried to follow the policy established by the city. Either I don't understand the city's policies or the city does not have a consistent policy. Another area bothers me about the current ordinance. In recent years the courts made the city pay A Boy well over a million dollars for what they called a "takeings" when the city took land to build a walking path without adequate compensation. Is there a corresponding legal precedence for a "giving"? Can the city own property and require (give) the adjacent property owner the responsibility of maintaining the property. 5urnmerfield is on the North side of Durham, where a brick wall approximately four feet high is in place. This requires residents in some cases to go a block or two to find an opening in the wall where they can go onto Durham, carrying tools, to maintain the right of way. I believe it would be illegal for me to load my mower and tools in my golf cart and go on Durham road or the sidewalk to do the maintenance. My property line is fifteen feet from the brick wall to the side walk, which is eight feet wide - thus it is twenty three feet from my property line to the street - or twenty three feet of right of way. Under the current law it appears to me the city could require me to maintain it if it was five hundred feet. If there is a "takings" law is there a "givings" law that protects the tax payer against the city acquiring the right of way but telling the tax payer that he must maintain it. The cost for the city to maintain the right of way with the equipment and manpower they have is negligible to the total cost for each resident to maintain it. Most of the residents are not physically capable of performing the maintenance but would have to hire it done. Durham road is not a typical city street. I believe it is the only major collector that is completely developed to city standards. I would question if there are any other city streets that carry the volume of traffic that it does. The council discussion in the past was that the aesthetic beauty of the street should be enhanced since so many people see it. The citizens of Summerfield are very proud of the appearance of Summerfield, including its streets, and have a landscape committee to assure that the beauty is maintained. The entrance off Durham on Summerfield Drive is an attractive entrance which is always well maintained. We would like very much for the city's property to be equally well maintained. We would very strongly recommend the city review their decision regarding a ordnance whereby the city would be responsible for maintenance of the right of way, and liability there of, for all major collectors that are fully developed. Summerfield is taking a neutral position as to the planting of grass and installing a sprinkler system. We ask that you maintain the right of way as you have in the past but also assume all responsibility for repair and up keep of the sidewalk. We ask that the city be responsible for all liability on the right of way, including the sidewalk. It is my understanding the city council will be reviewing the budget committee's action on this matter in the near future. The Summerfield Civic Association would appreciate notification of the date and time of this review in order that we could attend and have input in the deliberations. In summary the residents of Summerfield takes no position on planting lawns on Durham right of way or installing sprinkling systems. They do request two things from the city: 1. An agreement, in writing, to continue maintaining the right of way on Durham road. 2. An agreement in writing, whether in the form of an ordinance or other document, stating the city is liable for maintaining the side walk and is liable for all damages related to the sidewalk or right of way. I, and other Sumumerfield Civic Association members present, would be happy to attempt to answer any questions you might have of us. 0 R Agenda Item No. Meeting of I-rIQ~ ate, 1 POCLAWTIO Emergency Medical Services Week WHEREAS, emergency medical services are a vital public service and the members of emergency medical services teams are ready to provide life-saving care to those in need 24 hours a day, seven days a week; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system and access to quality care dramatically improves the survival and recovery of those who experience sudden illness or injury; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers and the members of emergency medical services teams whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals and it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and appropriate use of the EMS system will help reduce national health care costs. NOW THEREFORE BE IT RESOLVED THAT I, Jim Griffith, Mayor of die City of Tigard, Oregon, do hereby proclaim the Week of May 20 - 26, 2001 Emergency Medical Services Week in Tigard, Oregon and urge our citizens, businesses and organizations Is encouraged to observe this week with appropriate programs, ceremonies and activities. Dated this day of , 2001. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. ]im Griffith, Mayor City of Tigard Attest: Recorder AGENDA ITEM # 14. a. FOR AGENDA OF Mgy 22 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Expenditure of Forfeiture Funds - Clandestine Lab Equipment PREPARED BY: Chief Ron Goodpaster DEPT HEAD OK CITY MGR OK ]6~ ISSUE BEFORE THE COUNCIL The purpose of this item is to inform Council of this expenditure from the forfeiture fund. STAFF RECOMMENDATION Accept advisement. INFORMATION SUMMARY The expenditure of approximately $2700 from the forfeiture fund is to purchase equipment necessary to search and investigate clandestine labs. Federal and State laws require that a minimum of four officers with the proper training and equipment be on the scene at clandestine labs being searched or investigated. The Oregon law and Tigard Municipal Code allows monies from the forfeiture fund to be used for these expenses. Pursuant to TMC 7.78.080 the purpose of this information is to advise you that forfeiture funds are going to be used to purchase this equipment. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Investigating clandestine labs is necessary to reduce crime and meet our goals and strategies in the public safety section of Tigard Beyond Tomorrow in the Visioning Plan FISCAL NOTES The forfeiture fund balance currently is approximately $56,000. After this payment, there will be approximately $53,000 remaining in the forfeiture fund. i:\c itywiae\surn.aot Memorandum TO: Honorable Mayor and City Council FROM: Ronald D. Goodpaster Chief of Police DATE: April 27, 2001 SUBJECT: Forfeiture Fund Purchases In keeping with the Tigard Municipal Code, the purpose of this memorandum is to advise you that we are spending approximately $2700 out of our criminal forfeiture fund to purchase equipment necessary to investigate and search clandestine labs. There is an approximate balance of $56,000 in the fund. Safety is the biggest concern in searching and investigating clandestine laboratories; and no one agency in Washington County has enough personnel who are trained and equipped. However, between the agencies, since we all will train the same and have the same equipment, we will be able to have adequate personnel to search and investigate these types of problems. Federal and State law require that a minimum of four officers with the proper training and equipment be on the scene at any clandestine labs we investigate. This is a growing problem in the area, and this equipment will make our officers safe as they investigate these situations. 14 AGENDA ITEM # H ~ 3 FOR AGENDA OF May22, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution making a reimbursement declaration and authorizing subsequent reimbursement declarations. &C-13 CITY MGR. OK 12~ PREPARED BY: Craig Prosser DEPT HEAD OK ISSUE BEFORE THE COUNCIL Shall the Tigard City Council preserve the City's option to reimburse itself for the expenses of developing the new library project from the proceeds of any tax-exempt bonds to be issued for this project? STAFF RECOMMENDATION Staff recommends approval of this resolution. INFORMATION SUMMARY The City is currently in the process of developing a new library project. The City is incurring expenses for architectural and engineering services, and may incur expenses for land acquisition costs (such as an option to purchase land.) Once the project is fully developed, the City is likely to ask voters for approval to issue general obligation bonds to finance all or part of the project. Under federal bond regulations, the City may recover some expenses (such as architectural and engineering) from the proceeds of a subsequent bonds. Some time limits apply, however. In addition, federal regulations prohibit recovery of other expenses (such as land costs and informational materials) unless the municipality first declares its intent to reimburse itself for these costs. This resolution declares that intent. Federal regulations also require the municipality constrain how much will be reimbursed so that the resolution is not an open-ended authorization. The resolution places an upper limit on the reimbursement of $5,000,000. The City does not yet have a firm timeline for when it might go to the voters for authorization to issue bonds, nor can it predict the pace of any negotiations for property acquisition. The $5,000,000 figure was therefore selected to maintain the City's flexibility should the time schedule be delayed or should property acquisition pace accelerate. It is important to note that this resolution does not commit the City to seeking this reimbursement; it merely preserves this option for the City. A firm decision on reimbursement will not be made until the project is fully developed and the complete financial structure is known. OTHER ALTERNATIVES CONSIDERED Do not pass this resolution. The City may still be able to recover some architectural and engineering fees, but would forego the opportunity to obtain reimbursement for other costs. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST Reimbursement resolution FISCAL NOTES The City expects to spend approximately $50,000 in FY 2001-02 on this project. In addition, the FY 2001-02 CIP includes an additional $750,000 for development, legal, and preliminary land costs. AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 5 Ma22,2001 ISSUE/AGENDA TITLE Library Summer Update 4~9 CITY MGR OK L/ V PREPARED BY: Margaret Barnes DEPT HEAD OK ISSUE BEFORE THE COUNCIL Update on the Summer Activities at the Library STAFF RECOMMENDATION No action necessary INFORMATION SUMMARY In response to the recent community survey, the Library will be implementing new expanded hours. Beginning on Friday, June 1, 2001, the Library will remain open until 9:00 p.m. In addition to the expanded hours, the Library will be hosting a series of musical programs on Fridays from 6:00 to 8:00 p.m. The Friends of the Library are sponsoring these programs. The annual Summer Reading for Children will begin on Monday, June 18, 2001. The theme this year is Read a Wild Tale!" There will also be a Teen Summer Reading Program. Each of these programs begin on June 18 and a wide variety of events are planned for each program. Many of the programs are scheduled to take place in Fanno Creek Park behind the Library. OTHER ALTERNATIVES CONSIDERED NONE VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #2 A wide array of opportunities for life-long learning are available in a variety of formats and used by the community ATTACHMENT LIST None FISCAL NOTES None # ~ I~idn A~e,-)cL Y sess~o~ C-On:L, FAX TRANSMITTAL Date May 14, 2001 Number of pages including cover sheet 3 To: Tim Ramis From: Cathy Wheatley Co: Ramis Crew, et al Co: City of Tigard Fax Fax 503-684-7297 Ph (503) 639-4171. Ext. 309 SUBJECT: Letter from CIS - Personal Llability Exposure for Elected Public Officials MESSAGE: The letter accompanying this transmittal will be distributed to the City Council tomorrow night. There may be discussion or questions during the Study Meeting on May 22, 2001. Thanks! 1.%ENW,kX 0T Copies to: Mayor/Council O City Manager Council File Date: May 8, 2001 P.O. Box 311 0 Salem, OR 97308 (503) 585-1121 0 1-800-922-2684 FAX 585-1140 or 375-7996 To: Mayors Chairs of County Commissions Leaders of Other Governing Bodies I I From: Noel J. Klein, CIS Executive Dire Re: Personal Liability Exposure for Elected Officials Earlier in the year, CIS Chair, Loran Wiese, wrote to CIS members expressing our concern about the high level of employment-related claims filed against local governments in Oregon. As you know, higher claims result in higher costs that in turn require increased contributions from members. By and large, members now seem to be paying more attention to employment issues and current claims activity appears to have tapered off somewhat. Please convey our appreciation to your staff for their continued efforts and encourage them to call us for advice before they take any significant actions in this area. This letter also requests your assistance in sharing a related issue with the elected members of your government body. There have been some recent examples where individual elected officials, more often those newly-elected to office this year, may be inappropriately involved in staffing and employment issues. Candidates who are elected on a platform of change are nonetheless required to follow the law in implementing desired changes once they get into office. The authority of an individual elected official derives from the authority of the entire governing body. The actions of an individual elected official who uses his/her position on the governing body to harass, intimidate or seek favors from any employee, if found to be outside the scope and course of their authority, may also be outside your entity's liability coverage. Property, Casuaity and Employee Benefit Services RFCEiVS p C Q. T MqY 10 2001 '4dmi7istration Since this letter is being mailed to all our members, please be assured that these concerns are not directed specifically towards your governing body. Rather it is intended as a general reminder to all elected officials that liability arising from these kinds of actions has the potential for personal repercussion. ASSOCIATION OF OREGON COUNTIES A Membership Service Of CIS is asking local government leaders across the state to include this letter in the agenda packet for your next meeting to advise members of your governing board that CIS protects them while they are acting in the course and scope of their duties. However, elected officials whose zeal to address staffing issues leads them to engage in individual initiatives that might be construed as creating a hostile work environment, may also be creating a personal exposure as well. Through CIS, you have access to a number of training and other resources. We will gladly make these available to your governing body and staff so that transition and change can be facilitated in an orderly and fair manner. Please call at 1-800-922-2684 or email me at nklein ceiscrvices.com if you need any assistance in this regard. cc. City\County Manager, Administrator, Recorder or Clerk Dick Townsend, Executive Director, LOC Bob Cantine, Executive Director, AOC Local Agents MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Bill Monahan, City Manager DATE: May 18, 2001 RE: ICMA/USAID Program Last Tuesday evening, I mentioned to the Council the opportunity that Tigard has to participate in the international City/County Management Association (ICMA) Resource Cities Program, which is funded through the United States Agency for International Development (USAID) Program. Tigard and Washington County have been selected as partners to serve as "resource cities" for the program. ICMA approached us, asking if we would be willing to serve in the export of local government expertise to a locality that needs and desires assistance in building a strong democratic organization. Jon Bormet, Director of the Resource Cities Program, has invited us to work with the community of Bekasi, Indonesia, a community located in the Jakarta metropolitan area. Bekasi has been undergoing change recently as it has been assigned major municipal responsibilities and a corresponding number of former national government civil servants. The entire country is experiencing decentralization of government. Bekasi is in need of establishing basic human resource/employment policies, transportation planning/funding, and international relations and protocol. As I mentioned to Council last Tuesday evening, I believe that participation in this program is of great benefit to the community and the managers who will participate. I first became aware of the program over a year ago, when Jon Bormet, former City Manager for the City of Sherwood, became the Executive Director. I have learned that the program not only benefits the communities assisted by the program, but also the U.S. city managers and their staff members. U.S. managers benefit greatly by sharing their expertise with a community that is in need of assistance. If we get involved in the program, our participants will better recognize the skills that they have and be given an opportunity to develop their problem-solving skills in a foreign environment. The Resource Cities Program is funded by the USAID program. All expenses are paid (travel, lodging, etc.) by the program. The City and County would donate the staff time involved in providing service in Bekasi as well as in hosting representatives of Bekasi who would travel to Tigard. Mr. Bormet has advised that the Program would involve about four trips for our staff members to Indonesia for a total twelve trips. In addition, there would be three Indonesian trips to the United States over the next 18 months or so. In order for the City to participate in the Program, the Council needs to adopt a resolution formalizing participation of Tigard in the ICMA/USAID Resource Cities Prog.-am. I am preparing a resolution for the June 12 City Council meeting. Prior to that, however, I want to provide Council with as much information as is available so that Council can better understand the Program and be comfortable with allowing our participation. Attached for your information are the following: 1. Information about the ICMA International Municipal Programs. 2. A description of the Resource Cities Program. 3. A recent notice that West Carollton, Ohio has become the 40' U.S. city to be paired with an international community, Vidin, Bulgaria. 4. An article entitled Kettering Officials to Visit Bulgaria illustrating the positive elements of the Program. 5. An article on Akron, Ohio, describing its participation in the Program, partnering with Subotica, Yugoslavia and Szeged, Hungary. 6. An article written by Douglas J. Watson, City Manager for the City of Auburn, Alabama, describing Auburn's collaboration with the Bulgarian City of Blagoevgrad. As you can see, Auburn is approximately the size of Tigard. Auburn's experience illustrates the activities and time commitments required of both the U.S. and foreign participants. I would be happy to discuss this program with you further. At this time Charlie Cameron, County Administrator for Washington County, and I are requesting additional information from ICMA regarding the Program. Charlie has advised me that he has briefed the County Board of Commissioners on his interest in participating in the Program and has received a positive response. He is developing an agenda item for the Board of County Commissioners to consider in the next few weeks, authorizing County participation in the program. Attachments IAADM\BILL\MEMOS\BEKASI - COUNCIL INFO MEMO.DOC International City/County Management Association (ICMA) Page 1 of 2 }•,.,,N about omi. UD I NEW news issue B events intersections information resources members' bookstore Icma corner & more university a,~ ~ <rr,,:1+i:Y. ,•.:~.:.:,lfr,: 1•t;.:~;;,•. i.•.arr:i.:.;.r~.:'fflik:r. ,;tit:c7::•%~~=~.•:~.:: ' ~ . - :fr y r .:iTITr kt .`rr F,]:.C•'. I:.l : i .q IU:•l ~ P,+wf Back to Programs and Capabilities ICMA► International Municipal Programs Numerous U.S. agencies and international organizations have awarded ICMA contracts, grants, and cooperative agreements to produce practical solutions for increasingly complex urban issues in more than 40 countries around the world. Since 1989, ICMA has combined the Resource Cities Program experience of local government practitioners with that of seasoned international Decentralization consultants to design, implement, and and Democratization evaluate municipal development and urban management projects worldwide. ICMA has Honduras Project completed over 300 project activities and has developed a strong reputation for its International Forum unique hands-on approach using for Cooperation on experienced local government managers, Local GovernmTnt_%; finance directors, economic development Latin America and Yra ribbean C directors, and public works directors. a Numerous United States agencies and City Managers' international organizations have awarded Association Provides ICMA contracts, grants, and cooperative Earthquake Relief: agreements to produce practical solutions for More Help Needed increasingly complex urban issues in more than 40 countries around the world. ICMA is Housing Market a registered Private Voluntary Organization Development with the U.S. Agency for International r i in Development. ICMA headquarters is located in Urban Environmental Washington, D.C., and field offices are Management maintained in Arizona and California. ICMA also has established field offices in Staff Latin America, Central and Eastern Europe, and the New Independent States to support ICMA Hosts New programs overseas. In addition to staff in Indonesian Staff field offices, ICMA headquarters includes Members 25 full-time professionals working on loyment Em international development programs. p Opportunities For additional information, contact Jon Bormet at jbormet@icma.org. http://icma.org/go.cfm?cid=l&gid=3&sid=l 14 5/16/01 International City/County Management Association (ICMA) Page 1 of 2 about ICMA sum, i ham news Issue int•ormatlon members' bookstore icma & more university & events intersectlons resources corner .i~ ,;.j.,,:a ;i> :.~•f•..••.: . It;ra:,•.rvar[? ;:v'.i:ria:"(Ili.k:~• •:~)tusrit,r'a~•:~•~: ' I I ' M V . . :df-'~ i f11YSl -:Y."Ci.~I'll~ t~i•t.' I:a:~•I~I'ItI I~.~i•.: :'.ITI ~f •.L:.. 'ti. ) +~~•1.~ Back to Programs and Capabilities !'►3 Back to IntematIonal Municipal Programs ' 4 Resource Cities Program what Is Resource Internationa! Resource Cities Program rte:. r*• Cities? Global Challenges.....Local Solutions Current Resource Cities Partnerships nations are turning to local Around the world , government as the most efficient and effective Resource Cities way to meet the challenges that face citizens. Application ICMA, through its work with USAID, has established itself as an organization with an active and skilled membership that is uniquely prepared to help. US cities, working through ICMA's International Resource Cities Program (IRCP), have partnered with over 30 different cities in Bulgaria, India, South Africa, Vietnam, Serbia, Nigeria, Guatemala, Paraguay, Zimbabwe, Russia, Swaziland, Jordan, Mexico, Kazakhstan, Kyrgyzstan, El Salvador, Montenegro, and Indonesia. Most partnerships formally last 18-24 months, though the friendships and respect developed between the partners often result in ongoing contact long after the initial projects are completed. Both cities in the partnership donate staff time, but costs for all travel and accommodations for each city are covered by the IRCP. For more information about the 1RCP, browse through this Web site. For more information about how you and your city can get involved in the IRCP, contact: Jon Bonnet, Director 202/962-3508 jborme @icma.org http://icma.org/go.cfin?cid=l&gid=3&sid=229 5116101 ' International City/County Management Association (ICMA) Page 1 of 2 qj ' abcut iz ICMA news issue information members' bookstore icma & events Intersections resources corner & more university I .,:?:7+i:. `::~r.fr.: IL, r. ,:v~ir•nrr:1::+,:rif:711i.ka .}t:K7; It;?I•4-K: ~ ' ,...:dr:, ta: n: •.x>"i `.1~1•(r':a:.. l•.•:c..'~•~:~ i"~:,4:•.'. I:.`t•iivq !"~]J,li~. ~..1 Back to Programs and Capabilities W Back to Resources Cities Main Page Resource Cities Program What Is Resource West Carrollton, Ohio, Joins ICIMA's Cities? Resource Cities Program Current Resource The City of West Carrollton, Ohio (pop. 14,000; Cities Partnerships Tracy Williams, City Manager) is the 40th U.S. city to be paired with an international community Resource Cities Application. under ICMA's Resource Cities Program. West Carrollton's partner is Vidin, Bulgaria, a community of 60,000 that is isolated in the northwest corner of the country along the Danube River, approximately 30 miles from Serbia. The partnership will focus on economic development in Vidin and will also create a model for citizen participation by encouraging Vidin residents to become involved in the rehabilitation of that city's long-neglected riverfront park. A March 31 Dayton Daily News article highlights the West Carrollton/Vidin partnership. Visit ICMA's Web site to learn more about the association's Resource Cities Program. Copyright 2001 International City/County Management Association (ICMA) 777 North Capitol Street, NE Suite 500 Washington, DC 20002 Main phone number. 202-289-4262 Member services: 202-962-3680 Main fax number: 202-962-3500 Order processing center: 1-800.745-8780 Future Annual Conference Dates Contacting lCMA by e-mail icma.glg privacy oolicv http://icma.org/go-cfin?cid=l&gid=3&sid=229&RID=1072 5/16/01 Page 1 of 3 New Page 1 - go to best part Dayton Daily I - printer format News - results list j - new search News Local -sports Business Livin opinion Classifieds Archives Kettering officials To Visit Bulgaria BYLINE: John Bruning FOR THE DAYTON DAILY NEWS -DATE: 07-06-2000 PUBLICATION: Dayton Daily News EDITION: KETTERING/ SECTION: Neighbors PAGE: 9 Exchange is part of International Resource Cities Program KETTERING - A city that prides itself on being responsive to citizens expects to share some of its administrative expertise with a city in Bulgaria, a Balkan country that is one of the former Soviet bloc nations learning to govern themselves as democracies. Top officials of Kettering and Silistra, a city of similar size to Kettering, plan to exchange visits as part of the International Resource Cities Program of the U.S. Agency for International Development, a federal agency of international assistance. Kettering is one of 14 cities in Ohio expected to participate, all with more than 50,000 in population and including Springfield and Akron. Kettering City Manager Steve Husemann; Al Fullenkamp, public service director/city engineer; and Jim Garges, director of parks, recreation and cultural arts, would make the initial visit for fact gathering in late July. Bulgarian officials would return the visit in September. The exchange is not yet finalized, with paperwork still to be completed, Husemann said. "I think it's a pretty good program. I have talked with others in this program who said it was the most stretching thing they did," Husemann said at the June 27 meeting of City Council. "The staff and community will gain from it." Husemann said Silistra has a large, downtown park in need of repair, and Kettering's experience with improving Hills and Dales Park was one example of an area in which Kettering might be able to provide useful advice. "I basically think it's the right thing to do," Husemann said of the exchange, which he said was a different kind of thing than the sister cities program, although both are friendship-building opportunities. "It's a tribute to Kettering that we're asked to do this," Mayor Marilou Smith said. "It's not a fluke that Kettering gets invited to these kinds of things," Councilman Bruce Duke said. "Our own city manager has been elected president of the Ohio City 5/16/01 file://C:\WINDOWS\TEMP\Kettering%20Silistra%207.6.0.htm New Page 1 Managers Association." Page 2 of 3 In other matters, the council authorized improvements to Overland Trail, West David Road and Ivycrest Terrace. The upgrades will include resurfacing, sidewalks, gutters, drive approaches and storm sewers. Husemann said last week that the project includes the improvement of a West David Road curve, a potential public safety problem that has been the subject of neighborhood meetings. As much as the natural setting permits, Husemann said, the roadway will be widened and flattened. "The residents and I have been waiting a long time for this improvement," Councilman Ray Wasky said. "This is an example of good legislation based upon a good public meeting," said Councilman Don Patterson, who also praised the public input and the work of Fullenkamp. The council agreed to accept a U.S. Department of Justice grant of $26,117 for the purchase of electronic access locks for the police department and compact, hand- held computers for bicycle and motorcycle officers. City Prosecutor John Blake headed the list of city employees and volunteers receiving retirement resolutions of appreciation. "The council wishes to acknowledge the many years of personal sacrifice in the giving of time and talent to the betterment of the community to the benefit of all the resolution for Blake said. "The honor and privilege was all mine, Blake told the council to a standing ovation. He completed 28 years as prosecutor on June 30. Also honored upon their retirements were Carol Weaver of the parks department, Harry Misel of the planning commission and C. Pat McClelland of the arts council. Thomas Hangartnevl and Erin Schmitz were appointed to the Board of Community Relations. In the audience-participation segment at the end of the meeting, resident Joseph Koussa addressed the council about the need for drivers to stop using drive-up windows, where waiting in line can waste gasoline, during this time of high fuel prices. Wasky read aloud into the meeting record a one-page statement by Koussa about the issue, and Koussa distributed copies of the statement to those at the meeting. Council members invited military veterans to attend the veterans' memorial dedication that was held in Delco Park prior to the city's Fourth of July celebration. file:HC:\WINDOWS\TEMP\Kettering%20Silistra%207.6.0.htm 5/16/01 , 7 Day News Archive Business News Cars Classifieds Commentary Entertainment Features Forums Homes Internet Access Jobs Ncws NcwsLibrary Obituaries Ohio Lotter Ohio Radio Player Projects Site Man Sports Technology Weather 7 Day Archive 7 Day News Archive: Monday I Tuesday I Wednesday I 'flursd;iy Fri ,iSaturday Sunday MAKING CITIES WORK AKRON SHARES ITS MOST VALUABLE RESOURCE: KNOWLEDGE Friday, December 8, 2000 Sections: EDITORIAL Page: A12\ This isn't sister-city stuff in which Akron and Subotica, Yugoslavia, and Szeged, Hungary, are embarked. Those relationships - Akron has them with such cities as Chemnitz, Germany, and Kiryat Ekron, Israel - tend to be built around cultural exchanges and gaining a better understanding of one another. This relationship is grittier, more elemental. Though public officials from Subotica and Szeged who visited Akron last week took in the sights and the culture (Riverdance got good reviews), city officials were able to offer Imre Kern and his Subotica colleagues something more useful: examples of and insight into how public institutions work. This relationship, sponsored by the U.S. Agency for International Development and administered by the International City/County Management Association, is the first that involves three cities and is turning out to be a model on which others are designed. Subotica has to relearn how to take care of itself, how to take the garbage out on a citywide scale, how to provide heating and lights for business and home, how to, for that matter, just incubate businesses. Once, before Slobodan Milosevic and his repressive, centralized government, Subotica knew how to do Pagel of 2 file://C:\WINDOWS\TEMP\Akron%20Editorial%20Final%20Version.htm 5/16/01 . 't 7 Day News Archive these things. The city was, in fact, a model for Szeged. Now, after a decade of budding democracy and self-sufficiency, it is Szeged that serves as Subotica's mentor. The cities lie only about 30 miles apart. In the middle, at least figuratively, is Akron, providing advice, offering a blueprint of a city that works. Not everything in Akron is applicable to Subotica or even to Szeged. But the experts - the planners and engineers - understand one another and have been able to translate the differences. After Serbia's Dec. 23 elections, Kern expects the decentralization of government to begin in earnest. Akron cannot provide the money. What the city and Mayor Don Plusquellic do offer Subotica is the know-how to use its resources and freedom. All content © 2000 The Akron Beacon Journal and may not be republished without permission. Page 2 of 2 file://C:\WINDOWS\TEMP\Akron%20Editorial%20Fina1%20Version.htm 5/16/01 r Douglas J. Watson City of Auburn, Alabama The International Resource Cities Program: Building Capacity in Bulgarian Local Governments Since 1989, the transformation of municipal govern- ments in Bulgaria to democratic, participatory practices has been a difficult one after 45 years of Communism. Leaders and bureaucrats accustomed to the highly central- ized administration of government have found it challeng- ing to deal with concepts such as citizen participation and public accountability. The Communist system stripped lo- cal officials of initiative and authority to attempt innova- tive solutions to their problems. As a result, the munici- palities of Bulgaria are suffering from antiquated infrastructure and lack of citizen participation, caused largely by a central government that is still hesitant to grant resources and control over most government functions to local officials. In an effort to empower local governments in Bulgaria, the United States Agency for International Development (USAID) contracted with the International City-County Management Association (ICMA) in May 1997 to fund ICMA's International Resource Cities Program (IRC). The IRC was designed to expose municipal leaders in devel- oping and transitional countries to the best practices of American city managers through staff exchanges. The IRC program began with six partnerships in Asia, Africa, and Latin America and expanded to 31 partnerships by late 1998. ICMA and USAID had identified four program goals: 1. To provide technical expertise to enable cities in developing and transitional countries to address pressing urban management issues. 2. To establish substantive professional relationships between U.S. municipal governments and their counterparts in developing and transitional coun- tries. 3. To establish new professional development op- portunities for urban managers in the United States and overseas. 4. To facilitate greater understanding of the mutual benefits that can be derived when community leaders in the United States and their overseas partners achieve sustainable solutions that en- hance the capacities of democratic local govern- ment. USAID identified 12 Bulgarian mayors elected in 1995 who were committed to democratic and free-market re- form. USAID invited these mayors to participate in the Local Government Initiative technical assistance program. An outgrowth of USAID's work with the reformist may- ors was the formation of the nonprofit Foundation for Lo- cal Government Reform (FLGR). The FLGR has two im- portant roles: 1) it disseminates to its municipal members literature on the best practices in public administration, with emphasis on information from Western countries, notably the United States and the United Kingdom; and 2) it links Bulgarian cities with one another and with other national and international organizations devoted to munici- pal issues. The ICMA invited the FLGR to partner with it to es- tablish a pilot technical "twinning" program between three pairs of Bulgarian and American cities. Based on the successes of the initial pairings, USAID expanded the twinning program by four cities in 1998. The pro- gram has both long-range and short-range goals. In the short term, the American partner assists its Bulgarian counterpart with specific management problems, with emphasis on economic development, community par- ticipation, and public-private relationships. In the long term, Bulgarian cities build capacity to address prob- lems with innovative solutions based on citizen input and professional management. Douglas J. Watson has been the city manager of Auburn, Alabama for the past 18 years and also teaches in the MPA program at Auburn University. He holds a B.A. from the University of Maryland, an M.P.A. from the Univer- sity of Georgia, and a Ph.D. from Auburn. He has published nearly 30 ar- ticles and four books on city management, economic development, and pub- lic administration. He was honored with the National Public Service Award in 1997 and the L.P. Cookingham Award in 1993. Email: dwatsong aubumalabama.org Reflective Practitioner 457 Auburn, Alabama and Blagoevgrad, Bulgaria Auburn, Alabama, applied to participate in the IRC pro- gram in June 1998 and was paired with Blagoevgrad, Bul- garia. Home to Auburn University, the city of 42,000 is located in east central Alabama. Its population is diverse, with residents representing all states and more than 55 for- eign countries. Auburn utilizes council-manager govern- ment with nine elected council members, including the mayor. The city government is known nationally for its innovative programs and management practices, evidenced by awards from the ICMA, the American Society for Pub- lic Administration, the United States Conference of May- ors, and the Government Finance Officers Association. In its application for inclusion in the IRC program, city staff stated that it "has a wealth of talent and expertise in its management team that would be of value to an over- seas city." Specifically, the Auburn application touted the city's successful economic development efforts that have included a revolving loan fund, industrial retention and recruitment, and an industrial incubator. The application also described the city's annual citizen survey and its long- range strategic planning process, known as "Auburn 2020." Blagoevgrad was recognized by USAID as receptive to democratic and market reform because of the election of Mayor Kostadin Paskalev, an intellectual and a former mathematics professor. Mayor Paskalev dedicated his ad- ministration to improving the lives of Blagoevgrad's citi- zens through reform, and he sought help through his in- volvement with the Local Government Initiative and the FLGR. He felt the twinning relationship with an Ameri- can city would demonstrate to his staff and citizenry the value of citizen participation and market reform. Blagoevgrad is the major economic center in southwest- ern Bulgaria and is also close to the ski resorts of the Rila Mountains. Its major industries are tobacco, machine build- ing and electronics, food, and alcohol. The city govern- ment consists of a mayor with administrative authority and a 45-member city council. The mayor appoints three deputy mayors who administer the functions of the municipality. Seven political parties were represented on the city coun- cil in 1998, with the Bulgarian Socialist Party holding 20 of the seats. The other members of the council select the chairman of the council. Three chairmen served during 1998-99, reflecting the unsteady political climate in Bul- garia and specifically in Blagoevgrad. The Process Begins in October 1998, the first of several exchanges took place when I traveled with the director of economic develop- ment and the assistant city manager to Blagoevgrad for one week. The purpose of the first exchange was to famil- iarize us with the governmental structure, key players in the Blagoevgrad government, problems faced by the com- munity, and the resources of the community to address those problems. ICMA and FLGR representatives met us on our arrival in Sofia, Bulgaria's capitol, and traveled to Blagoevgrad with us the following day. The mayor of Blagoevgrad arranged for his driver to transport us from Sofia to Blagoevgrad. This was the first of many courtesies extended by the Bulgarians, such as accommodations in the best hotel in the city, lavish meals at fine restaurants, and excellent seats at a performance of the Pirin Folk Dancers. Each evening, the Bulgarians spon- sored a dinner for us, often with entertainment, with a dif- ferent community group. On the first morning of our visit, Mayor Paskalev greeted the three of us in the main conference room at City Hall, a modern structure located on the downtown pedestrian square. He explained in great detail (through an interpreter) how the municipal government is organized, the roles of the mayor and city council, and the problems facing his city. In response, I told the mayor, three deputy mayors, and other key staff about the city of Auburn and council- manager government. Mayor Paskalev and I agreed that we would meet again at the end of the week to sign a memo- randum of understanding that we and our staffs would de- velop during the week. Immediately after the initial meeting with the mayor and his aides, we began an intensive week of visits to key facilities and discussions with numerous groups and indi- viduals. We spent one day visiting industries, such as the largest cigarette factory in Bulgaria. Another day was de- voted to education, with tours of Southwestern University, a Bulgarian university of 20,000 students, and the Ameri- can University of Bulgaria, where all classes are taught in English. One afternoon we engaged in discussions with representatives of newly-formed non-government organi- zations (NGOs), groups dedicated to worthwhile social and community endeavors. Under Communism, there was little opportunity for citizens to be involved directly with pri- vate nonprofit organizations concerned with the welfare of needy citizens or with causes such as environmental awareness or family violence. The NGOs were struggling to fund their worthwhile community endeavors and to es- tablish a proper relationship with the municipal govern- ment. At each stop, the local media interviewed us about our impressions of their city and country. In addition to the cordial hospitality and the intense work schedule, the mayor arranged for a visit one morning to the Rila Monastery, a fourteenth-century structure deep in the Rila Mountains. Much of the history of the Bulgarian oppo- sition to Turkish occupation is found at the monastery. It became obvious that the Bulgarians are a very proud and deeply religious people with a long and interesting history. 458 Public Administration Review • September/October 2000, Vol. 60, No. 5 By the end of the week, our two management teams met once again in the City Hall conference room. The pur- pose of our final work session was to finalize a memoran- dum of understanding, which would outline the plan for the following year's work. The mayor invited me, on be- half of my colleagues, to identify the major challenges fac- ing Blagoevgrad. Following my presentation, the mayor expressed surprise that the needs presented by the Auburn team mirrored his own list of priorities. We sensed that we had gained credibility with Mayor Paskalev and his deputy mayors by correctly identifying the major needs of the Blagoevgrad community. While Mayor Paskalev is con- sidered a progressive leader, he had never dealt with Ameri- cans before, and he was anxious to be assured certainty that the Auburn managers could assist him in addressing the needs of his city. With a basic agreement about the needs of the munici- pality, Mayor Paskalev and I, with our staffs, were able to complete the details of the memorandum of understand- ing that morning. Specifically, the memorandum stated that the two cities had "indicated their desire to form partner- ships for an exchange of technical information, manage- ment practices, and technical expertise regarding method- ology for preparation of a long-range development plan and solid waste collection, disposal, and recycling." Fur- ther, the agreement recognized the need for citizen and institutional involvement in the strategic planning process and in the government of the municipality: "[E]ach part- ner is committed to pursuing opportunities to build link- ages for, and actively engage a broad array of participants, including citizens, community-based organizations, edu- cational institutions, and the private sector with the frame- work of municipal activities, and in the exchange of mu- nicipal development expertise." The Bulgarians Come to America The following month, Blagoevgrad officials, including two deputy mayors and the city secretary, arrived in Au- burn for a week-long visit. Since the meetings in Blagoevgrad had identified areas of technical assistance to be offered by the Auburn staff, the schedule for the week was developed to expose the Bulgarians to people and places that demonstrated how the city was addressing the same issues that Blagoevgrad faced. For example, the memorandum of understanding identified solid waste col- lection and disposal as a serious problem in Blagoevgrad, so one day was dedicated to visits to the regional landfill, the city's recycling center, and collection vehicles in Au- burn neighborhoods. Another critical need that we had iden- tified in Blagoevgrad was economic development, a result of Bulgaria's high unemployment and underemployment problems. The local governments in that country had little or no experience working with the private sector in the creation of jobs and taxes. The Bulgarian officials spent one day discussing Auburn's revolving loan fund and in- dustrial recruitment/retention program, touring our indus- trial incubator and technology parks, and visiting with Ala- bama state officials responsible for international trade. It was obvious during our visit to Blagoevgrad that Bulgaria's infrastructure had been neglected for many years. Streets and roads, water and sewer systems, parks, and other public spaces required maintenance and upgrad- ing. The reality is that Bulgaria is suffering economically and does not have the resources to invest in its infrastruc- ture. Included on the Bulgarian team visiting Auburn was the deputy mayor in charge of Blagoevgrad's infrastruc- ture. He was anxious to visit Auburn's modern water and wastewater facilities, as well as to inspect the current and future street and road network. The deputy mayor's knowl- edge of state-of-the-art practices impressed our professional engineers. They realized that Blagoevgrad lacked modern facilities because of a shortage of resources, not a lack of technical knowledge. As the Bulgarians had done for us, we extended the community's hospitality to our visitors from Blagoevgrad. The city council sponsored a reception in City Hall and invited numerous community activists to meet the Bulgar- ians. A cake with the city logos ofAuburn and Blagoevgrad was prepared and gifts were exchanged. Each evening, we hosted a dinner for the visitors with different community groups and leaders, including representatives of local in- dustries and Auburn University. In addition, we invited the visiting officials to a string quartet performance and a col- lege basketball game. At the end of the week, both delegations met to finalize an action plan, a more specific document that identified three areas in which Auburn would assist Blagoevgrad- economic development; urbanization, infrastructure, and transportation; and environment and solid waste manage- ment. These areas would become the focus of a strategic- planning process in Blagoevgrad, facilitated by the Au- burn staff based on their experiences in developing "Auburn 2000" in the early 1980s and "Auburn 2020" in 1998. Both strategic-planning efforts in Auburn had involved hundreds of citizens working closely with the city govern- ment to establish goals for the community in all areas of public and civic life. For example, broadly representative citizen groups studied public education, family and com- munity life, growth and development, utilities and infra- structure, and intergovernmental questions. From the sec- ond effort, the city council adopted "22 Goals for 2020," a summary of specific actions the city agreed to take over the next 20 years. For their short-range planning and bud- geting, Auburn's elected leaders use "Auburn 2020" as the basis for their decisions. All of the Auburn staff members assigned to work on the Blagoevgrad project had been in- Reflective Practitioner 459 timately involved with "Auburn 2020," and all had pro- fessional credentials that gave them credibility with the Bulgarians. In a document presented to USAID, Blagoevgrad offi- cials later wrote: Our partners from Auburn have a rich and extremely valuable experience in the area of long-term plan- ning with citizen participation. They have already successfully implemented a long-term development plan for their city-the "Auburn 2000" plan. Based on the results and success of that plan, they have developed their current long-term development plan "Auburn 2020." Using the experience of our Auburn counterparts, we adapted a process to meet our needs given the reality in Blagoevgrad. We had to consider the short time for the implementation of the project which was one year. We decided to develop a common vision for the future of our municipality. Development of the Strategic Plan In March 1999, five Auburn city staffers traveled to Blagoevgrad for two weeks to work with the committees that had been formed based on the "Auburn 2020" model. Prior to their arrival, leaders of the Blagoevgrad strategic- planning effort created a steering committee consisting of representatives of the following: • Municipal administration, including the mayor's ap- pointed team, department heads, and technical experts who worked for the municipality. • Municipal council, including the chairman, committee chairs, and council members. • Local, national, and regional agencies, including public company managers and the regional agency for envi- ronmental protection. • Private businesses, the chamber of commerce, and in- dustrial leaders. • Universities. • NGOs. The municipality advertised the formation of the steer- ing committee and its plans to develop the strategic plan and announced that the meetings would be open to the public. By the time the Auburn staff arrived, the steering com- mittee had created three work groups to address the three major concerns agreed upon during the Auburn visit. Auburn's economic development director, a senior depart- ment head who was well known for his innovative work, headed the Auburn delegation. Two members of his staff, both with master's degrees in community planning, were among the team members, along with the city engineer and the environmental services director. The Auburn staff members were assigned to work with the committees that matched their areas of expertise. In its report to USAID, the Blagoevgrad officials re- ported: The steering committee was charged with develop- ing a mission statement, identifying key issues to be examined, reviewing the reports of the work groups, emphasizing commonalities between reports and reconciling differences among them, and then com- bining them into a final report for submittal to the Municipal Council. The three work groups also created mission state- ments, identified key issues to be examined, and rec- ommended policies, programs, and projects that could be adopted and effected by the Municipal Council. Upon completion of group discussions, each work group was charged with creating a final document outlining its mission statement and group recommendations, which was presented to the steer- ing committee. The Auburn staff spent the first several days discussing the strategic-planning process with the committees. They reported that they had met with skepticism from commit- tee members who remembered the long-range plans pro- mulgated by Communist leaders in the past. The Bulgar- ians wondered how this would be different from the way it was treated by their municipal government, although they admitted they had not been involved in the top-down plan- ning of the Communist era. The Auburn staff members also had to establish their technical credibility with the members of the committees. After a few days of intensive meetings, the Bulgarians' enthusiasm for the process in- creased and the Americans were accepted as experts who could assist them. The Bulgarians reported later that "the meetings primarily focused on the democratic planning process and the exchange of technical information." During the meetings, the committees decided that the following problems should be addressed in Blagoevgrad: 1. The necessity of restoring long-term planning at all governmental levels. 2. The lack of consensus between major political forces on the issue of future development. 3. The lack of a mechanism for actual participation of citi- zens and citizen groups in government. 4. The need to develop a process to effectively tap the talents of existing NGOs. 5. The requirement of the municipal administration and staff to adopt new techniques for communications with citizens. Following the two-week visit by the Auburn team, the steering committee and the three work groups met exten- sively. By July 1999, the steering committee had completed 460 Public Administration Review • September/October 2000, Vol. 60, No. 5 its summary report and presented it to the municipal coun- cil the following month. The document, "Strategic Plan for the Development of the Municipality of Blagoevgrad through 2015," was made available to the public and was assigned to a council committee for study and approval. Blagoevgrad officials concluded in their report to USAID: "A strategic plan for the three focus areas was developed in one year. The model strategic plan (Auburn 2020) included detailed development of all areas of public life. We are aware that we need to continue our work dur- ing the next year in order to have a complete strategic docu- ment for Blagoevgrad's future development that is based on consensus among all groups in the community." The Benefits for the Parties Involved The IRC program has been successful for all of the en- tities involved. The USAID, for a small investment in travel and related expenses, has been able to implement a quality consulting program through the use ofAmerican city man- agers and their staffs. It has been able to meet many of its program goals in Bulgaria at a fraction of the cost of full- time staff or consultants performing the same functions. Without the IRC program, the return visits for Bulgarian officials to the United States would have been difficult to duplicate, since there would have been no host communi- ties involved. ICMA benefits from its involvement in the IRC by broadening its reputation as the premier organization for local government management professionals in the world. Many of the ICMA's members have an interest in international matters. IRC provides an opportunity for ICMA to offer a program that allows city managers to fulfill their desire to be involved in comparative local government. The Foundation for Local Government Re- form also benefits from its involvement as ICMA's part- ner in the administration of IRC. First, FLGR receives funds to assist in administering the program and has hired capable staff to coordinate with the Bulgarian cities. Second, because there has been no similar organization in Bulgarian history, FLGR uses IRC as a vehicle to in- crease its credibility with elected officials in the country's municipalities. The mayors and other officials of the Bulgarian cities in the IRC program have been unanimous in their enthusi- asm and praise for the program. All have developed pro- fessional and personal relationships with the American cit- ies' staffs with whom they have worked. More importantly, most of the twinning relationships have resulted in capac- ity building for the Bulgarian cities. For example, in Olagoevgrad, city leaders have expressed their intentions to continue the strategic-planning process with strong citi- zen participation, even after the official relationship with Auburn has ended. The Mayor of Blagoevgrad noted in a report to USAID: The Bulgarian Technical Twinning Program is an extremely useful, innovative initiative providing support to the democratization of governance pro- cesses in the complex transition from totalitarian to civil society It is well known thin the selection of a twin city is most often based on random, sub- jective factors. The Technical Twinning Program is using a differ- ent approach. The City of Auburn was proposed as a twin city of Blagoevgrad not only because of the general similarities of the two cities, but primarily because of its successful experience in the areas that we wanted to develop and improve [I]n our work with Auburn we found that there are other areas, different from those identified initially, in which our counterparts have experience that can be successfully replicated in our city. In addition, key officials in Bulgarian cities have had the opportunity to travel to the West, where they can see modern society, examine new approaches to addressing their infrastructure and service problems, and understand principles and practices of democracy and the market economy. American cities have benefited from their involvement in the IRC program as well. Most city managers and their staffs do not have many opportunities to apply their exper- tise overseas. City managers involved in the IRC who were in attendance at a seminar held in Albena, Bulgaria, in September 1999 were unanimous that they and their staffs had grown professionally through this experience. American city governments must make a sizable finan- cial commitment to the IRC program in the form of paid staff time to work in a foreign city. City councils must believe there is a benefit to their communities in order to support the work of their staffs overseas. Most of the city managers working in Bulgaria came from communities they had served for extended periods of time, and most expressed strong support from their elected officials. At the end of first year of the program, Auburn's mayor stated: Auburn's selection and participation in the Intema- tional Resource Cities program was a point of pride for the City government and for the entire commu- nity. Auburn is the only city in Alabama to partici- pate in the program so our selection was noted by several of the major media in the State. Numerous citizens were curious about the program and asked members of the Council and the staff about their experiences. Auburn is a diverse community with residents from over fifty-five countries and every state in the union. Our residents were proud that the Auburn City government volunteered to participate Reflective Practitioner 461 in the IRC. The City Council attended the functions honoring the visiting dignitaries from Bulgaria. Members of the City Council publicly expressed pride in the selection of their professional staff to be involved in this exchange. Our participation in the IRC has broadened our staff's horizons, heightened our appreciation for democracy and citizen participation, and created a bond between two cit- ies far away from each other. Seven of the Auburn staff have spent at least a week each in Blagoevgrad during the past two years, but the impact of the program has extended far beyond the staffers who were directly involved. The city council made staff participation possible by allowing time and money to travel to Blagoevgrad during our in- volvement with the IRC. The elected officials also whole- heartedly supported the events of the three separate weeks when the city hosted officials from Blagoevgrad. Of the seven Auburn staff members who traveled to Blagoevgrad to participate in the twinning program, only one had significant European experience. The economic development director has traveled extensively in Europe during the past several years, recruiting industries for Au- bum. His European travel experience was very helpful to the rest of the team in many ways, and his enthusiasm for the twinning program is reflective of the other team mem- bers who took their roles very seriously. The city has received recognition in the local press and among the citizenry for being selected to participate in this important program. The collaboration between the Auburn and Blagoevgrad professional staffs on the identified work areas produced a quality product that should prove to be of long-term value to Blagoevgrad. Most importantly, we have developed close friendships with people that, a de- cade ago, geopolitics dictated were our adversaries. Final Thoughts City management is a demanding profession, in that cit- ies are dynamic places that present constant challenges. Thousands of residents, hundreds of employees, elected officials, and the media spend time thinking about the job that a city's professional staff is or should be doing. It is difficult to get away from the demands of city government if you are to be successful as a local government adminis- trator. It is unusual to be able to leave the demands of the job in your city and not have them follow you via tele- phone. The International Resource Cities program requires you to remove yourself from your normal environment and to immerse yourself in the situation of your twin city. Because they care deeply about their professional re- sponsibilities in Auburn, several of our staff who partici- pated in the program expressed concern over leaving Au- burn for an extended stay, out of reach of the usual modes of communication. We discovered that the opportunity to involve ourselves--without distraction-in the challenges of Blagoevgrad was an incomparable professional growth experience. The ability to think through problems similar to the ones we face at home with people with a different set of life experiences is challenging and rewarding. We realized that local government professionals in Bulgaria are really not much different than we are, in that they face the same pressures and problems that we do. Finally, friendships between the cities and among the participants have been formed that are expected to endure for many years. The exchanges provided opportunities for both groups to experience the culture and history of the country they visited and to gain an appreciation for the problems each confronts. An important part of the exchange was the social occasions at which the participants got to know each other on a personal basis. We have continued the partnership by holding a week- long "Bulgaria Days" communitywide celebration. The Pirin Folk Dancers, a Bulgarian national dance ensemble, came to Auburn to present concerts for the community and for school children in December 1999. Auburn's school children studied Bulgaria in the weeks prior to the danc- ers' visit, and the Bulgarians held discussions with Au- bum University faculty and students. Auburn University has indicated its interest in a relationship with Southwest- ern University and with the American University of Bul- garia in several disciplines. Blagoevgrad sponsored "Au- burn Days" in May 2000, which was highlighted by a band consisting of Auburn University students performing for the high school graduation and in the city center in the Bulgarian city. A photo exhibit of Auburn was on display in Blagoevgrad's City Hall. In April 2000, the city of Auburn hosted a three-day conference for the IRC program with seven Bulgarian mayors, their counterpart city managers, ICMA, and FLGR staff. The Bulgarians and the Americans expressed their appreciation for the opportunity to be involved in this re- warding experience. Much of the conference centered on citizen participation and extending democratic practices in the seven Bulgarian cities. It was gratifying for us to hear of the remarkable efforts being made to embrace poli- cies and practices of citizen involvement in local govern- ment in Bulgaria. Citizen surveys, citizen-based strategic planning, information booths in city halls, press confer- ences, and neighborhood meetings are now commonplace in the seven Bulgarian cities that have twinning relation- ships with American cities. In summary, the twinning relationship with Blagoevgrad has been most gratifying and productive for Auburn. The professional staff has had the opportunity to expand its horizons, the city government has received recognition for our involvement, Blagoevgrad has created a useful strate- 462 Public Administration Review - September/October 2000, Vol. 60, No. 5 gic plan with strong citizen participation, and we have de- veloped a strong bond between our communities and among the participants. The primary criticism of the IRC is its short time frame. Most of the mayors and city managers expressed frustra- tion that they had experienced real progress but were dis- appointed that the official relationship ended after a little more than a year. At the Albena seminar, the American and Bulgarian officials were unanimous in appealing to USAID to extend their partnerships for two to three years. They argued that efforts by American city managers and their staffs have improved the capacity of local govern- ments in Bulgaria to address the problems they face with the active involvement of their citizens. Because of the success of the program in Bulgaria, USAID has commit- ted to extending the time period for the partnerships for another year. The strategic plan produced in Blagoevgrad with as- sistance from the Auburn staff demonstrates that signifi- cant progress was made in promoting democracy on the local level in that city. One of the primary purposes of the International Resource Cities program is to build ca- pacity in the countries the American cities are assisting. The commitment of Blagoevgrad's leaders to broaden efforts to involve citizens and groups in developing the strategic plan for the municipality may be the most sig- nificant outcome of the twinning relationship. Bulgarian cities do not have a history of citizen participation, but this experience demonstrates the value of democracy on the local level of government. Reflective Practitioner 463