City Council Packet - 10/09/2001
CI OF GI-owmAr'suRftDow
OREGON
TIGARD CITY COUNCIL
MEETING
OCTOBER 9, 2001
COUNCIL MEETING WILL BE TELEVISED
H: W EANNIE\DO CS\C C PKT1
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
AG EN'DA
TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW
OCTOBER 9, 2001
The Study Session Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The
Council encourages Interested citizens to attend all or pan: of the meeting. If the number of attendees exceeds
the capacity of the Conference Room, the Council may move the Study Session to the Town Hall.
> 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 statute. Representatives of the news media are allowed to attend
Executive Sessions, as provided by ORS 192.66U(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.
> ADMINISTRATIVE ITEMS:
0 Discuss December/January Meeting Schedule
- Third Tuesday in December (12/25) falls on Christmas
- Suggest changing December 18 to a Business Meeting
- First Meeting In January (1 /8) has been ceremonial
0 Distribute Study Session Memos/Brochure
- Library Site p5 SS t Qz(
- Metro Greenspaces
0 Input regarding the Appointment of Washington County Cities Alterna to Metro's Policy
Advisory Committee (MPAC)- letter distributed. Nominations by November 2 for
alternate.
0 Distribute Brochure for Recruitment of Police Captain
0 Menu Selections for Meeting with Tualatin City Council on Monday, October 15
0 LOC Voting Delegate - information distributed
0 Letter from Paul Hunt regarding Cook Park and the Library - letter distributed
0 All resolutions In tonight's packet have the following added wording: "This resolution Is
effective immediately upon passage." The legislature recently passed a law requiring
resolutions to state an effective date.
0 Revised per diem resolution excluding the transportation expenses from the per diem.
(Consent Agenda 3.7.) - resolution distributed
0 Laptop purchase agreement revised to indicate end date of October 11, 2006. (Consent
Agenda 3.8c.) - material distributed
0 Potential Visitor's Agenda topic - church parking waiver request
0 Rail Volution has been rescheduled to November 29 through December 2 - Information
distributed
Executive Session -
The Public Meetings Law authorizes governing bodies to meet In executive session In certain
limited situations (ORS 192.660). An liaxecutive session" is deflned 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 (1) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660 (1) (b) - Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (1) (d) - Labor negotiations. (News media can be excluded in this Instance.)
192.660 (1) (e) - Real property transaction negotiations.
192.660 (1) (f) - Exempt public records - to consider records that are `'iexempt by law from
public inspection." These records are specifically Identified In the Oregon
Revised Statutes.
192-660 (1) (g) - Trade negotiations - involving matters of trade or commerce in which the
governing body is competing with other governing bodies.
192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
litigation likely to be flied.
192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy
directives adopted by the goveming 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 (1) 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 (1) (k)- Relates to health professional regulatory board.
J``~~O OR~C
\ CITY of BEAZIERT ON
4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076 TELi 526.2481V/TDD Fax 526.2571
NT EN
ROB DRAKE RECEIVED C.O.T.
MAYOR September 28, 2001
OCT 0 2 2001
Mayor Jim Griffith Administration
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mayor Griffith:
Mayor Lou Ogden is stepping down from his position as the Washington County cities'
representative to Metro's Policy Advisory Committee (MPAC). Unfortunately, Lou has
numerous time commitments that prevent him from attending every MPAC meeting.
Therefore, Richard Kidd (current alternate) will move into the representative position,
leaving the alternate position vacant.
This letter is to formally solicit your city's input regarding the appointment of a
Washington County cities' alternate to Metro's Policy Advisory Committee (MPAQ.
Metro has asked me to coordinate the nomination process. Nominees must be elected
officials. Once i have collected nominations, Metro will send each city a ballot to vote
on its choice for the MPAC alternate representative. The member and alternate need to
be from different cities. Nominations need to be returned to my office by 5:00 p.m.
on Friday, November 2, 2001.
MPAC meetings are held the second and fourth Wednesday each month, at Metro,
starting at 5:00 p.m. They usually last about two hours.
Mayor Ogden has indicated that his schedule would allow him to participate as the
alternate and I will be sending Lou's name forward as Beaverton's nomination.
Please contact me if you have questions.
Sinc eiy,
Rob Drake
Mayor
cc: Bill Monahan, City Manager
,Bill MonaHan - Bylaws 092401.doc Page 1
METRO POLICY ADVISORY COMMITTEE (MPAC) BY-LAWS
Approved March 13, 1996; Revised March 26, 1997; May 1998; September, 1999; October,
2000; November, 2000; June, 2001
Article I
This Committee shall be known as the METRO POLICY ADVISORY COMMITTEE (MPAC)
created by Section 27 of the 1992 Metro Charter.
Article II
Mission and Purpose
Section 1. The MPAC shall perform the duties assigned to it by the 1992 Metro
Charter and any other duties the Metro Council prescribes.
Section 2. The purposes of MPAC are as follows:
a. MPAC shall perform those duties required by the Charter, including:
1. Providing consultation and advice to the Council on the Regional
Framework Plan (Section 5 (2));
2. Providing consultation and advice to the Council on the passible inclusion in
the Regional Framework Plan of other growth management and land use
planning matters, determined by the Council to be of metropolitan concern,
which will benefit from regional planning, other than those specifically
identified in Charter Section 5 (2) (b);
3. Providing consultation and advice to the Council on any amendments to the
Regional Framework Plan (Section 5 (2) (d);
4. Approve or disapprove the authorization for Metro to provide or regulate a
local government service, as defined in Charter Section 7 (2), in those
cases in which Metro does not seek or secure such approval directly from
the voters;
5. Providing advice to the Council before it adopts an ordinance authorizing
provision or regulation by Metro of a service which is not a local government
service as defined by the Charter (Section 7 (3)); and
6. Providing advice to the Council on a study of the Portland Metropolitan Area
Local Government Boundary Commission (Section 7 (5)).
b. Other duties prescribed by the Council.
Article III
Committee Membership
Metro Policy Advisory Committee Bylaws - Page 1
10!I Monahan By_Iaws 092401.doc_. .?age_?
Section 1. Membership
a. The Committee will be made up of representatives of the foliuwing:
Multnomah County Commission 1
Second Largest City in Multnomah County 1
Other Cities in Multnomah County 1
Special Districts in Multnomah County 1
Citizen of Multnomah County 1
City of Portland 2
Clackamas County Commission 1
Largest City in Clackamas County 1
Second Largest City in Clackamas County 1
Other Cities in Clackamas County 1
Special Districts in Clackamas Ccunty 1
Citizen of Clackamas County 1
Washington County Commission 1
Largest City in Washington County 1
Second Largest City in Washington County 1
Other Cities in Washington County 1
Special Districts in Washington County 1
Citizen of Washington County 1
Tri-Met 1
Governing body of a school district 1
State Agency Growth Counci! 1
Clark County 1
City of Vancouver 1
Port of Portland 1
Total 25
b. Members representing jurisdictions shall be appointed from among members of
the governing body. All jurisdictions represented by members, including cities
within each county, shall have territory within Metro boundaries.
c. Alternates qualified to be members shall be appointed to serve in the absence of
the regular members.
d. Metro Councilors will participate with the Committee membership with three non-
voting liaison delegates appointed by the Metro Council.
Metro Policy Advisory Committee Bylaws - Page 2
Bill MonaFian -Bylaws 092401.doc Page 3
e. Clark County, Washington, and City of Vancouver, Washington membership
includes all duties of MPAC except approving or disapproving authorization for
Metro to provide or regulate a local service, as defined in Charter section 7(2), in
those cases in which Metro does not seek or secure such approval directly from
the voters.
f. The composition of the MPAC may be changed at any time by a vote of both a
majority of the MPAC members and a majority of all Metro Councilors (Section
27(2)).
Section 2. Appointment of Members and Alternates
a. Members and alternates will be initially appointed to serve for two years.
Members and alternates from the City of Portland, the counties of Multnomah,
Clackamas, and Washington, the largest cities of Multnomah, Clackamas, and
Washington Counties, excluding Portland, and the second largest cities of
Clackamas and Washington counties shall be appointed by the jurisdiction.
Members and alternates may be removed by the appointing jurisdiction at any
time.
b. Members and alternates from the cities of Multnomah, Clackamas, and
Washington Counties, other than those directly entitled to membership, will be
appointed jointly by the governing bodies of those cities represented. The
member and alternate will be from different jurisdictions. The member and
alternate will be appointed to designated terms of a length to be determined by
the appointing authority, but for a period of not less than two years. The
member and alternate may be reappointed. Terms of the member and alternate
will be staggered to ensure continuity. In the event the member's position is
vacated, the alternate will automatically become the member and complete the
original term of office.
c. Members and alternates from the special districts with territory in Multnomah,
Clackamas, and Washington Counties will be appointed by special district
caucus. The member and alternate will be appointed to designated terms of a
length to be determined by the appointing authority, but for a period of not less
than two years. The member and alternate may be reappointed. Terms of the
member and alternate will be staggered to ensure continuity. In the event the
member's position is vacated, the alternate will automatically become the
member and complete the original term of office.
I
d. Metro Council delegates will be appointed by the Presiding Officer of the Metro
Council and will represent each county in the region. The delegates may be
removed by the Presiding Officer of the Metro Council at any time.
e. Members and alternates representing citizens will be appointed by the Metro
Executive Officer and confirmed by the Metro Council consistent with Section
27(1)(m) of the 1992 Metro Charter and will represent each county in the region.
Members and alternates will be appointed to designated terms of a length to be
determined by the appointing authority, but for a period of not less than two
years. Members and alternates may be reappointed. Terms of the members
and alternates will be staggered to ensure continuity. In the event the member's
Metro Policy Advisory Committee Bylaws - Page 3
Bill Monahan - Bylaws 092401.doc Page 4
position is vacated, the alternate will automatically become the member and
complete the original term of office.
f. Members and alternates from the Tri-County Metropolitan Transportation District
of Oregon (Tri-Met) will be appointed by the governing body of that District. The
member and alternate will serve until removed by the governing body.
g. Members and alternates from the State Agency Growth Council will be chosen
by the Chairperson of that body. The member and alternate may be removed by
the Chairperson at any time. The member and alternate will serve as non-voting
members.
h. Members and alternates from the Port of Portland will be appointed by the
governing body of that organization. The member and alternate will serve until
removed by the governing body.
L The member and alternate from the school boards in the Metro Region will be
appointed by a caucus or organization of school boards from districts within the
Metro region. If there is no caucus or organization of school boards within the
region, the Executive Officer will facilitate the appointment by the school boards.
The member and alternate will be appointed to designated terms of a length to
be determined by the appointing authority, but for a period of not less than two
years. The member and alternate may be reappointed. Terms of the member
and alternate will be staggered to ensure continuity. The member and alternate
will be from different school districts in the Metro Region. In the event the
member's position is vacated, the alternate will automatically become the
member and complete the original term of office.
j. Appointments of all members and alternates shall become effective upon the
appointing authority giving written notice addressed to the Chair of MPAC and
filing the notice with the Clerk of the Metro Council. The determination of the
relative size of cities shall be based on the official population estimates for
Oregon issued by the Center for Population Research and Census, School of
Urban and Public Affairs, Portland State University. If the official population
estimates result in a change in the relative population of a city entitled to
membership, then the term of membership of the affected city or cities shall
terminate 90 days after the release of the official estimate and new member(s)
shall be appointed as provided by these by-laws.
Article IV
Meetings, Conduct of Meetings, and Quorum
a. A regular meeting date, time and place of MPAC shall be established by the
MPAC Chair. Special or emergency meetings may be called by the Chair or a
third of tha members of MPAC.
b. A majority of the members (or designated alternates) shall constitute a quorum
for the conduct of business. The act of a majority of those voting members
present at meetings at which a quorum is present shall be the act of MPAC,
except in exercising the duty of authorizing Metro to provide or regulate a local
Metro Policy Advisory Committee Bylaws - Page 4
Bill Monahan
Bylaws 092401.doc Page 5
government service as described in Section 7 (2) of the 1992 Metro Charter. In
these cases a majority vote of all voting MPAC members is required.
c. Subcommittees or advisory committees to develop recommendations for MPAC
may be appointed by the Chair and ratified by MPAC. At a regularly scheduled
meeting MPAC shall approve subcommittee membership and MPAC members
and/or alternates and outside experts. The Chair of any citizen advisory
committee shall neither be the Chair of MPAC nor be an MPAC member, except
upon the agreement of a majority of the advisory committee membership.
MPAC members of any citizen advisory committee of MPAC shall participate on
a nonvoting basis.
The Metro Technical Advisory Committee (MTAC) is an advisory committee to
MPAC. Its purpose shall be to provide MPAC with technical recommendations
on growth management subjects as directed by MPAC. MTAC shall have the
following representation:
1 representative from each county government,
1 representative from the City of Portland,
1 representative from the largest city in each county (not counting Portland),
1 representative from the second largest city in Washington County,
1 representative from the second largest city in Clackamas County,
1 representative from the other cities in each county,
1 citizen representative from each county to be represented by the respective
county's Committee for Citizen Involvement,
1 representative from Tri-Met,
1 representative from the Oregon Department of Land Conservation and
Development,
1 representative from the Oregon Department of Transportation,
1 representative from the Port of Portland,
1 representative from a commercial and industrial contractor association (AGC),
1 representative from a residential contractor association (HBA),
1 representative from a private economic development association,
1 representative from a public economic development association,
1 representative from a land use advocacy organization,
1 representative from an environmental organization,
1 representative from a school district,
1 representative from the Water Resource Policy Advisory Committee (WRPAC),
1 representative from a sanitary sewer and/or storm drainage agency (WRPAC),
1 representative from a architect association (AIA),
1 representative from a landscape architect association (ASLA),
1 representative from the electric utilities,
1 representative from natural gas utilities,
1 representative from the telecommunication utilities,
1 Metro representative from the Planning Department who shall serve as chair
(non-voting)
1 Metro Council Department staff representative (non-voting),
1 representative from an affordable housing advocacy organization,
1 representative from Clark County, Washington,
1 representative from Vancouver, Washington,
a
Metro Policy Advisory Committee Bylaws - Page 5
Bill Monahan - Oylaws 092401 doc Pa e 6
Each jurisdiction or organization named shall annually notify MPAC of their
nomination. MPAC may approve or reject any nomination. Revision of the
membership of MTAC may occur consistent with MPAC bylaw amendment
procedures. If any membership category (member and alternate) is absent for
three (3) consecutive MTAC meetings, the representatives shall lose their voting
privilege. MTAC members who acquire non-voting status may regain their voting
status after attending three (3) consecutive MTAC meetings. A quoru,a for
MTAC meetings shall be a simple majority of voting MTAC members. MTAC
shall provide MPAC with observations concerning technical, policy, legal and
process issues along with implementation effects of proposed growth
management issues, including differing opinions, with an emphasis on providing
the broad range of views and likely positive and negative outcomes of alternative
courses of action. MTAC may adopt its own bylaws provided they are consistent
with MPAC bylaws and are approved by a majority vote of MTAC members.
d. All meetings shall be conducted in accordance with Robert's Rules of Order,
Newly Revised.
e. MPAC may establish other rules of procedure as deemed necessary for the
conduct of business.
f. Unexcused absence from regularly scheduled meetings for three (3) consecutive
months shall require the Chair to notify the appointing body with a request for
remedial action.
g. MPAC shall make its reports and findings, including minority reports, public and
shall forward there to the Metro Council.
h. MPAC may receive information and analysis on issues before it from a variety of
sources.
L MPAC shall provide an opportunity for the public and the Metro Committee for
Citizen Involvement (Metro CCI) to provide comment on relevant issues at each
of its regularly scheduled meetings.
j. MPAC shall provide a minimum of seven days notice to members of any regular
or special meetings.
k. MPAC shall abide by ORS Chapter 192, which provides for public records and
meetings.
Metro Policy Advisory Committee Bylaws - Page 6
Bi11 Monahan -,Oy aws 092401.doc page 7
Article V
Officers and Duties
a. A Chair, 1°' Vice-Chair, and 2"d Vice-Chair shall be elected by a majority of the
voting members for a one year term of office ending in January of each year. A
vacancy in any of these offices shall be filled by a majority vote of MPAC, for the
remainder of the unexpired term.
1. Nominations shall be received at the first meeting in January for chair,
first vice chair and second vice chair.
2. The first Vice-Chair shall become Chair following the completion of the
Chair's term.
3. The second vice chair shall be a rotating position to keep balance for a)
county/geographic representation; and/or b) city/county/special district
representation after the previous year's first vice chair moves up to
chair and the first vice chair is selected.
b. The Chair shall set the agenda of and preside at all meetings, and shall be
responsible for the expeditious conduct of MPAC's business. Three members
can cause a special meeting to be called with a minimum of seven days notice.
c. In the absence of the Chair, the 1st Vice-Chair, and then the 2nd Vice-Chair
shall assume the duties of the Chair.
Article VI
Amendments
a. These by-laws may be amended by a majority vote of the MPAC membership,
except that Article III related to the MPAC membership may not be amended
without the concurrence of the majority of the Metro Council.
b. Written notice must be delivered to all members and alternates at least 30 days prior
to any proposed action to amend the by-laws.
C.
I:\gm\gmadm\staff\paulette\old_I\PAULETTE\MPAC\new mpac bylaws 092401.doc
Metro Policy Advisory Committee Bylaws - Page 7
RECEIVED " 1.
-UU i
U G 1 U b
Administration
September, 2001
TO: City Managers, Administrators and Recorders
FROM: JoAnn Ghelfi, Conference Manager
Enclosed are the vesting delegate and equipment exchange forms for
the League's annual conference. "i hese forms should be completed and
returned to the League office by Friday, October 26.
The equipment exchange provides you the opportunity to advertise for
sale any surplus equipment, autos, etc. you may have, as well as to make
known your interest in purchasing a specific item. Responses received
r will be displayed on a bulletin board near the League's registration desk
' during the conference.
The voting delegate form, when returned to the League, tells us who will
be voting for your city during the Annual Business Meeting on Sunday,
November 11. Please note that delegates may not vote without a
voting card, and voting cards will be issued only to the person listed
on the voting delegate form. Voting by proxy will not be permitted. The
y.
voting cards will be available the morning of the 11", just prior to the
business meeting.
4
Thanks!
Enclosures
JG/jlg
i
1
h1.\L0C\U0CC0NF%2001\egwp•ch deieg ❑r 'rm wpd
IV o r! i u 1 o r l Ii c' r fur i i i•: t h/ c' 0 r e g o it r o n i in it it i i i e s
League of Oregon Cities
76' ANNUAL CONFERENCE and BUSINESS MEETfNG
November 9 -11, 2001- Hilton Eugene & Conference Cente,,Designati®n of Voting Delegate
at Annual Business Meeting
The annual business meeting will be held Sunday, November 11, at 8:30 a.m. Each
city is entitled to cast one vote at the business meeting; however, all city officials are
encouraged to attend.
Use this form to indicate those persons who will represent your city as a voting delegate
and alternate delegate. The voting delegate or alternate should pick up a voting card at
the Conference Registration Desk on Sunday morning prior to entering the business
meeting. NOTE: Delegates may not vote without a voting card, and voting cards will
be issued only to a person indicated on this form Voting by proxy will not be permitted.
FOR THE CITY OF
VOTING DELEGATE
Name
Title
ALTERNATE
Name
Title
Submitted by
(Signature)
Return by October 26 to: Name
League of Oregon Cities Title
P.0. Box 928
Salem, OR 97308 Telephone Number
MAL0C%L=0NFV00i%equ1pnh del®y hr frmmpd
gue of Oregon Cities
Lea
76!h ANNUAL CONFERENCE and BUSINESS MEETING
November 9 -11, 2001 Hilton Eugene & Conference Center
Equipment Exchange
1. 1 would like to advertise the following used vehicles, equipment, or other surplus
items on the equipment exchange display board at the League Conference
(include brief description and asking price):
2. We are interested in purchasing the following used equipment or vehicle(s):
Submitted by
Please complete and Title
return by October 26 to: City/Dept.
Address
League of Oregon Cities
PO Box 928 City' Zip
Salem, OR 97308 Phone 1 ) FAX
P-Mail
TIGARD TMIES SOAPBOX
MONEY WELL SPENT FOR TIGARD YOUTH
To those of you who do not know who Paul Hunt is I am a casualty, or some would say a
blessing, of political term limits after having served 8 years on the Tigard city council.
Each council person is given one or more assignments to work with different areas of
concern within the city. A few years back I had suggested to the council that the city
proceed to purchase some land adjoining Cook Park, which the city referred to as the Gray
property. The council voted to purchase the land and I was assigned to work on the plans
to expand the park. This was a very challenging and enjoyable assignment. Since the park
is in the flood plain and an endangered species area there were considerable state and
federal restrictions. We did come up with a plan that met our desires and the various
regulatory limitations. Since this was one of my prime areas of interest I have followed it
closely since retiring from the council.
This letter is to call the public's attention to various ramifications of this project and to give
recognition to the many accomplishments and to recognize those most directly for these
accomplishments. I walk a lot and nearly every week walk through the park to see what
progress is being made. I was extremely pleased to see that the development not only
follows the original plan but in many ways improves on it.
Portable restrooms, that can be relocated when there is any chance of flooding, with
running water, electric lights, and all the conveniences and sanitation that are contained in
permanent structures, is in place near the new picnic facility located on the Tualatin River.
A new and very beautiful and functional gazebo serves not only as a band stand but can be
used for a picnic area or meeting facility. It is centrally located and is enjoyed evenings
during summer months for numerous band concerts.
Under construction is a large parking area, a nature area which includes a butterfly area , a
gazebo for nature studies and viewing the wild life in the wet lands, and an additional large
picnic area. In conjunction with the city's expansion the baseball leagues and the soccer
leagues are constructing a number of additional fields. Adjacent to their fields will be a
concession stand and rest rooms. There will be a small play field and rest rooms for small
children when their parents are attending the games.
{ I would encourage all citizens to visit the area. It is extremely well done and is an example
of how well the city is spending your tax dollar for the good of the families, and especially
children. I would like recognize a few of the individuals who worked most closely with
s these projects. Ed Wegner (Director of public works) and John Roy (Property manager)
were those in charge of the park area and helped with the design. The portable restrooms
that could be relocated during flood season was their idea. The parking area impressed me
very much. I envisioned a rectangular, nondescript black top eye sore. The curbs are in
place for a very attractive parking area with planting area and other features that add to the
beauty of the area. The sidewalks and paths are curved area that are more restful and not
just a way to get from on place to another. Everything has a flow to it that adds to the
beauty and encourages relaxation and enjoyment.
Dave Nicholi and his organization, Atfality, have done a great job working with the city to
promote a youth athletic area. The concession stand will be a great addition. One feature I
have not seen in other areas is a play area designed specifically for small children to play
while their parents are attending the athletic functions - even to restroom facilities for them.
As a part of Atlality's interest in promoting youth activities they are assuming the payment
of the purchase of the land used for these new fields, the construction of the fields, their
maintenance, and the facilities that relate directly to their use.
Craig Prosser's (finance director) efforts paid of in two ways. He was able to obtain a loan
from the state at a very advantageous rate so the majority of the expansion could be done
in the next two years. Also through his efforts the city received a $250,000 grant from the
state lottery fund. Not only was the interest rate a savings to the tax payer but a substantial
cost savings was realized by doing a large amount of the construction in a limited time, as
opposed to carrying the project over for a number of years. The loan will be repaid by
"Park System Development Charges" and therefore will not compete for property tax
dollars with other capital expense projects. System development charges are paid by
developers and builders as a part of the fee they pay for building permits.
In the near future you will have the opportunity of voting on a bond levy to construct a
new Tigard city library. What is being done at Cook Park, the quality of work being done,
and the dedication of the staff and others involved is an example of how your money is
being spent. Nothing is as important as the youth of today. I encourage you to visit the
park. I feel very strongly that the city will show the same amount of good judgment, fiscal
responsibility of your money, and dedication to having a facility that is critical for the
citizens of Tigard and especially the youth.
Paul Hunt
10320 SW Century Oak Dr.
Tigard, Or. 97224
Phone 503-620-2969
REAMM
WIN!
,
tt4.,`'' programs and information.
The Organization...
qy>r„,yl.s
,
9 There are three divisions ~ .19
Y \
c ri The City of Tigard is a friendly, Informal, moderately-sized
within the Police
rhf£
organization that values its employees and is committed to
A The Community Department, including
;rr:,3ti the highest standards of public service to its residents.
•
ss. Tigard is a city of more than 42,260 residents located Operations, Support Tigard Police gets Involve In the
x--=rn People who work here can see the visible impact of their community
southwest of Portland in Services and Administration.
r{fir ~x _ tip; efforts. The City employs approximately 260 employees in
rapidly growing Washington Operations is the uniform and traffic branch and
the departments of Finance, Public Works, Library,
County. It is situated in the Administration Includes the public information and crime
jF ;l Engineering, Community Development, Police and City
Tualatin Valley 80 miles east prevention functions. Support Services consists of records,
Administration. The City is led by a five-member elected City
acrommunirythatcares... of the Pacific Ocean and 70 detectives, property control, street crimes unit, school
Council and an appointed City Manager. The adopted
miles west of Mt. Hood and the Oregon Cascades. officers, youth services and training. Regional
operating budget for 2001-2002 is $25,759,059. Tigard
Washington County and the Portland metro-area are development has resulted in significant growth in daytime
;za citizens are involved in the organization with approximately
populations within the City of Tigard, The average daytime
nationally recognized as one of the most livable areas in
300 volunteers helping with projects in various city
? the country. Often referred to as the "Silicon Forest" for its population at the popular Washington Square shopping
departments.
continuing growth in the area of high technology, the mall is over 50,000, thus creating a service daytime
county is home to renowned companies such as population for the Police Department of approximately
Tektronics, Intel and NEC, as well as work headquarters of The Department... 87,000, plus other regional retail growth.
Nike, Inc. As a community, Tigard strives to manage The Tigard Police Department is a progressive and
x.
growth and blend the amenities of a modern city with the professional Police organization. It employs 75 personnel =°"t
x R,,.
:ma
CITY OFTIGARD
friendliness and spirit of a small town. Located close to with an operating budget of $6.6 million dollars. The
A pr,,.
POLICE DEPARTMENT
k~n~ r
Portland, Tigard offers its residents the best of big city department is currently going through the State of Oregon E!
Ronald D. Goodpastor, Chletot Police
culture and events and a wealth of opportunity for activity accreditation process. The Tigard Police Department is j h 13126 D. Hall Blvd.
• Tigard, OR 91223
503.839.6188
ry Phone:. 3.61
and recreation, committed to a community policing philosophy and works Phane:
~z Web: www.cl.dgard.or.us
very closely with the public providing a wide range of,
IMUM ;Z r,
Emma=
III! Im! 1 ROE
~,®GID
3"hn Position... pll Inn Process... I CE D 09
If you are interested in this career opportunity,
Under the direction of the Chief of Police, this top law
enforcement management position is responsible for the candidates must submit a City of Tigard application form
i and a Supplemental Questionnaire. These may be
administration and management of the Support or
Operations Divisions within the department. At this time, obtained in the lobby at Tigard City Nall, 13125 SW Hall
the position would oversee the Operations Division Blvd., Tigard, OR, 97223; or you may download them
from our web site at www.ci.tigard.onus; or request that
activities assisted by three lieutenants and seven
sergeants. The City is looking for an individual with they be mailed to you by calling (503) 624-9471.
exceptional management, communication, organizational,
a
leadership and interpersonal skills; solid background in APPLICATION MATERIALS MUST BE RECEIVED The C avy r Oregon
1.
police administration, organization and planning; BY OCTOBER 22,200 Is seeking an experienced professional
experience with fiscal/budget management; and the ability
to work successfully with staff and a diverse community, to seBYe as
Certification as a Police Officer in the State of Oregon or The City of Tigard
ability to obtain upon hire is also required. is an Equal Opportunity Employer CAPTAIN
t
Salary and Benefits... TIGARD LICE EP E
The annual salary for this position is $59,976 - $80,388.
The City offers an attractive and comprehensive benefit
package which includes:
F
• Three medical plan options, dental and vision insurance
• Retirement plan through the State of Oregon Public CITY OF TIGARD
Employees Retirement System (PERS)
POLICE DEPARTMENT
f
• Life and long-term disability insurance t
• City contribution towards deferred compensation Ronald D. Goodpaster, Chief of Police
13125 SVV Hall Blvd. r "
• Sick leave, vacation leave and administrative leave Tigard, OR 97223
Phone: 503.639.6168
• Flexible Spending Account, Employee Assistance Fax: 503.670.1561
Program, and Credit Union Services Web: www.ci.tigard.or.us
sun=
IN IIIIIIIN III Page 1 of I
Rail-Volution 2001
contact
1 s `
Building Livable Communities with Transit
I'M
l:~!ill!:I~om
MIN
:o •
~ ~ 55~~ yyyy T Y ~}:tc 'a i~Y `M~q~ h Cr'~ ~ ~
.ev Re fK a~n4' ki' y.7y a W h"Ty
Rail-Volution 2001
with Trans,
Communities
Building Livable
November 29-December 2, 2001 (New Date.
9 ?
9I W+>
r Rail--Volution Brochure
and we need it now
,We needed the railroad before,
tit E than ever.
New Yorl
u . Senator Charles E. Schumer,
10/8/01
http;//www.railvolution.com/main*htm
Themes
This year we've built the Rail-Volution program around four key themes - financing,
transportation development, land-use planning, and coalition-building.
Financing Your Vision workshops will focus on the art of the deal. Learn how to
leverage resources to construct projects and move your vision to reality. Examine
innovative financing solutions and opportunities.
Reforming Transportation
workshops will explore the latest examples of multimodal approaches that serve the
needs of people and communities. Discover how transportation supports the places
where citizens live and work. Experience innovative ways to design, fund, and
implement transportation improvements that enhance livability.
Planning for Smart "Growth
workshops will focus on creative land use. Delve into the world of the "new urbanist."
See examples in which public policy makers, developers, and transit agencies all ended
up on the winning team.
Coalition-Building workshops will help you envision a new formula for working
partnerships. Explore the intricacies, possibilities, and pitfalls of advocating for change
in your community. Learn how elected officials and grass roots citizens can build viable
relationships. See how legislators, developers, and high-tech companies have
successfully collaborated to create more livable neighborhoods.
Details About the Conference
Registration fee is $325. Please register now-- Space is limited. After August 24th, the
late registration fee is $375. Register by fax today or mail the adjacent form. You may
also register here
For discount airline tickets, travel questions, or arrangements, call Bethany Travel at
800-906-8747.
Amtrak has activated a special 10% discount fare code for Rail-Volution attendees
traveling between September 4th & September 24th. (Restrictions Apply, see details
Errorl Hyperlink reference not valid..) The Hyatt Regency Embarcadero is located at 5
Embarcadero Center / San Francisco, California / 94111. There are several different
shuttle services from SFO, and they all provide service to the Hyatt Regency
Embarcadero. The cost is generally around $13.00 per person, each way. One other
option is to take a taxi from the airport. The cost is generally around $35.00 one way.
There will be a limited number of need-based scholarships available for Rail-Volution
2001. Special consideration will be given to citizen activists and citizen advocates
working on transportation and land use issues. Please call 800-788-7077 or visit our
website at www.railvolution.com for a scholarship application. Please return your
application by July 13th. You will be notified the week of July 23rd as to the status of
your application.
If you cancel your conference registration after August 24th, there is a $100 non-
refundable fee.
Rail-Volution 2001
P.O. Box 519 / Selbyville, Deleware / 19975
800-788-7077 / International: 302-436-4375
Fax: 302-436-1911 / Email: convene@aol.com
Web: www.railvolution.com
° Revised 10/4/01
fia ki 9i,r-8sr'- ar?:.~I err tex7?.n~ nlia r+ tS *'4b "C.+•~'T ta.tr r eTy
?5611UStNESSLMEETING
' ° ~~'October 9x `20 ,1 O~p:m. CITY OF TIGARD
y. P 4ryf dl 'JS ILL y' ' S
It.e > ` a~*tYC s3 ar1 < < 1 rY -i
jTIGARD'cITY HA1:L"
13>,25,SWHALL`.BLVD
- 4 J ~f/~ n ~ i f N'-Y ( t E
it. ~rr~~IGAXRD'yOR~~97223 i4 r
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 mm.
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 - October 9, 2001 page 1
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
OCTOBER 9, 2001
6:30 PM
• STUDY SESSION
> LIBRARY SITE DISCUSSION
> METRO GREENSPACES
■ Senn Property
® Other Properties Under Consideration
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss real property transaction negotiations under ORS 192.660(1 e). 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.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 81 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)
• Tigard High School Student Envoy Nathan Leamy
7:40 PM
3. CONSENT AGENDA: These items are considered to be routine and may be enacted
in one motion without separate discussion. Anyone may request that an item be
removed by motion for discussion and separate action. Motion to:
3.1 Receive at File:
a. Council Calendar
b. Tentative Agenda
3.2 Adjust the Fee for the Cost of Accounting and Processing of Checks Returned
by Banking Institutions for Non-Payment - Resolution No. 01-
COUNCIL AGENDA - October 9, 2001 page 2
3.3 Approve Budget Amendment #5 to the Fiscal Year 2001-02 Budget to
Transfer Funds to Pay an Assessment by the League of Oregon Cities for Legal
Costs Associated with Qwest Franchise Fees - Resolution No. 01-
3.4 Approve Budget Amendment #6 to the Fiscal Year 2001-02 Budget to
Transfer Funds from Contingency to Make a Contribution to Community
Partners for Affordable Housing for the Village at Washington Square Project -
Resolution No. 01-
3.5 Establish a Procedure to Grant City Sponsorship to Community Events and
Replace Resolution No. 00-01 - Resolution No. 01-
3.6 Approving an Amendment to the Non-exclusive Cable Television Services
Franchise Agreement Granted to TCI of Tualatin Valley, Inc., by Extending
the Deadline for Construction of the Required System Upgrade - Resolution
No. 01-
3.7 Approve a Policy on Per Diem Allowances for the City Council and Executive
Staff when Attending National Conferences - Resolution No. 01-
3.B Local Contract Review Board
a. Award a Personal Services Contract to Precision Graphics for Cityscape
Newsletter Printing Services
b. Award Contract to Provide Fuel at Captive Sites and Foreign Sites
through the Use of Commercial Automated Fuel Systems to Bretthauer
Oil Company
C. Award Contracts for Laptop Computers to ESP Technology, Sterling
Computers, and Alsea Computers
Y 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
4. TIGARD BEYOND TOMORROW VISION UPDATE
a. Staff Report (Introduction) - Administration Staff
8:00 PM
➢ DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE
REPRESENTATIVE MAX WILLIAMS
COUNCIL AGENDA - October 9, 2001 page 3
8:20 PM
5. PUBLIC HEARING - CONSIDER A RESOLUTION APPROVING A
SUPPLEMENTAL BUDGET TO FISCAL YEAR 2001-2002 FOR THE PARKS
SYSTEM DEVELOPMENT CHARGE FUND AND THE UNDERGROUND UTILITY
FUND
a. Open Public Hearing
b. Staff Report: Finance Staff
C. Public Testimony
d. Staff Recommendation
e. Council Discussion, Questions, Comments
f. Close Public Hearing
g. Council Consideration: Resolution No. 01 -
8:30 PM
6. CONSIDER AN ORDINANCE AMENDING CHAPTER 2.16 OF THE TIGARD
MUNICIPAL CODE TO UPDATE STATUTORY REFERENCES AND CLARIFY
THE POWERS OF THE MUNICIPAL JUDGE AND PRO TEMPORE MUNICIPAL
)UDGE
a. Staff Report: Finance Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01-
8:40 PM
7. CONSIDER:
7.1 AN ORDINANCE AMENDING SECTION 12.10.180 AND ADDING
NEW SECTIONS 12.10.300, 12.10.310, 12.10.320, 12.10.330, AND
12.10.340 OF THE TIGARD MUNICIPAL CODE
a. Staff Report: Public Works Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01-
7.2 A RESOLUTION AMENDING THE RULES, RATES, AND
REGULATIONS GOVERNING WATER SERVICE HANDBOOK
a. Staff Report: Public Works Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Resolution No. 01-
8:50 PM
8. CONSIDER AN ORDINANCE AMENDING SECTION 2.28.020 OF THE
TIGARD MUNICIPAL CODE TO REMOVE THE REQUIREMENT THAT
RESERVE OFFICERS MUST BE UNDER THE AGE OF 60
a. Staff Report: Police Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01-
COUNCIL AGENDA - October 9, 2001 page 4
11 1 ij
J
9:00 PM
9. CONSIDER AN ORDINANCE AMENDING SECTION 10.50.080 OF THE
TIGARD MUNICIPAL CODE CHANGING SUBSECTION 10.50.080 (6)
PROHIBITING MOVEMENT OF OVERSIZE LOADS ON CITY STREETS
BEFORE 9 AM AND AFTER 3 PM
a. Staff Report: Police Staff
b. Council Discussicn, Questions, Comments
C. Council Consideration: Ordinance No. 01-
9:10 PM
10. CONSIDER AN ORDINANCE AMENDING CHAPTER 14.20 OF THE TIGARD
MUNICIPAL CODE REGARDING MOVING OF BUILDINGS
a. Staff Report: Community Development Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01-
9:20 PM
11. CONSIDER AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE TIGARD
MUNICIPAL CODE BY ADDING NEW SECTIONS AND AMENDING EXISTING
SECTIONS PERTAINING TO GENERAL GOVERNMENT AND
ADMINISTRATION AND PERSONNEL
a. Staff Report: Administration Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01-
9:30 PM
12. COUNCIL LIAISON REPORTS
9:40 PM
13. NON AGENDA ITEMS
9:50 PM
14. 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.
10:00 PM
15. ADJOURNMENT
\\T I G 333\U S R\D E PT S W D M\CAT HY\C CA\011009. D OC
COUNCIL AGENDA - October 9, 2001 page 5
Agenda Item No. 3. /
Meeting of
MINUTES
TIGARD CITY COUNCIL MEETING
OCTOBER 9, 2001
STUDY SESSION
The study session was called to order by Mayor Griffith at 6:35 p.m.
Councilors Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla
(arrived at 6:37 p.m.)
> ADMINISTRATIVE ITEMS
City Manager Monahan reviewed several administrative items with the City
Council:
Council agreed that the workshop meeting of December 18, 2001, would
become a business meeting. The Council meeting of December 25, 2001,
is canceled. The first meeting in 2002 is on January 8 and business items
for the Council will be scheduled.
(Note: "Administrative Items" discussion continued after the Metro Greenspaces
discussion.)
> LIBRARY SITE DISCUSSION
Information on the library site was distributed to the City Council. A copy of
this information is on file in the City Recorder's office. Mr. Fred Fields owns
the property identified as the favored site for the new library. Mr. Fields is
waiting for appraisal information on the property before discussing the site with
the City. Attorney Dom Colletta of the City Attorney's office also is obtaining
information on the property. Wetlands and land use issues need to be resolved
to determine what process the City should follow. An Executive Session
discussion item on this matter will likely be scheduled at the October 16,
2001, City Council meeting. The City Manager recommended the model
being constructed for the new library building be completed with the Fields'
property as the anticipated location. Mr. Monahan noted that the building
location might change.
The School District has been discussing long-term facility needs and, rather
than expanding Tigard High School, the idea of a magnet school is being
considered. It was suggested that the potential new library might be a good
COUNCIL MINUTES - October 9, 2001 page 1
MENNEN=
site for the magnet school. Mr. Monahan updated the City Council with some
of the needs of such a facility, which would include an area for students to be
involved in media production and an environmental course of study.
Discussions are still at the "germination" stage. This site is only one of several
sites being discussed as potential locations for a magnet school. The estimated
amount of building space needed for a magnet school is 13,000 square feet.
At this point, a magnet-school concept has not been that well received.
Councilor Moore advised that he did not think it would be appropriate for the
City to consider adding any suggestion of such a school to the library bond
measure until the School District presents the City with something more
formal. Councilor Patton noted how the concept has grown from what was
initially was envisioned and, in addition, many details still need to be worked
out. It was noted that this was not a proposal that was brought forth by the
City - it is the School District's concept. Another consideration is that there
will be costs to maintain the facilities needed for this school. Councilor Patton
noted she was hesitant to "get on the bandwagon" with the still-vague magnet
school concept.
More discussion followed with regard to the School District's review of a
potential magnet school. The School District has been reviewing options for
some time. Councilor Moore noted that the City might decide to consider the
magnet school as a joint venture in the future.
There was discussion on the need to address the wetland issues and to
determine the capability for future library expansion. Mr. Monahan noted that
he would report back to the Council with more information with regard to
wetland impacts at the October 16 meeting.
> METRO GREENSPACES
Mr. Monahan reviewed information distributed to the City Council with regard
to Metro Greenspaces. This information is on file in the City Recorder's office.
Metro representative Jim Desmond has advised the City that there may be no
consideration of properties (by Metro) for greenspace funding that were not
on the original list of potential greenspace properties. Properties proposed by
consideration through activities by citizens and other groups with regard to
Senn, Gage, Conklin, and Stanley properties were discussed. Senn is an eligible
Metro greenspace property. The Conklin and Stanley properties may have a
chance to be considered for funding if proposed separately. The Gage
property is not considered to be of a regional benefit and does not appear to
qualify for consideration.
COUNCIL MINUTES - October 9, 2001 page 2
19
Mayor Griffith noted he received a call from Steve Kafoury representing
Friends of Open Space of Tigard, which was supporting the Gage, Conklin, and
Stanley properties. At this point, Mr. Kafoury was looking for support from
the City of Tigard for his group to urge Metro to consider these three
properties. City of Tigard has not been asked for any monetary contribution.
The Conklin and Stanley properties are not in the City of Tigard and the
Mayor indicated that the City would possibly support (as the City usually does)
parks in general. Mr. Monahan noted that the Stanley and Conklin properties
are located in the City's "area of interest" and the City could be supportive of
the efforts for park land acquisition, but at this time, the City would have no
ability to offer financial support.
Mr. Monahan reviewed the Senn property, which is near the Metzger area.
Information was distributed to the City Council for its review. There is a
community effort underway to raise funding and the Council may be
approached by individuals for contributions. In addition, the City may be
asked if it would be willing to maintain the property if the property was
purchased for greenspaces. Public Works Director Wegner noted that he has
looked at the property, which is wooded and has a stream. Mr. Wegner said
that funds might be available from Clean Water Services to help with the
purchase. At first the site will require minimal maintenance. If a parking lot
were to be built, then a site plan would need to be developed. Current plans
are that the property will only offer trails. There would be some expense for
maintenance of the stream and the stream corridor.
There was discussion on potential City of Tigard interest in the Senn property
for maintenance or an interest in an ownership stake in the property. In
addition, information is needed on how much Clean Water Services would be
willing to contribute for the purchase of the property.
Consensus of the Council was that staffs approach has been appropriate with
regard to their response to inquiries received about the possibility of
proceeding with the above-mentioned greenspace areas.
> ADMINISTRATIVE ITEMS (continued discussion)
- All resolutions now need to have the following wording added (if no
specific effective date is cited): "This resolution is effective immediately
upon passage." The Legislature recently passed a law requiring resolutions
to state an effective date. All resolutions for this meeting have been revised
to indicate an effective date.
COUNCIL MINUTES - October 4, 2®O1 page 3
- Mr. Monahan briefly reviewed that a policy on per diem allowances was
proposed by resolution and submitted for Council approval on this
meeting's Consent Agenda. He asked If discussion was needed separately or
if the item could remain on the Consent Agenda. There was no request for
a separate discussion.
. The Laptop Purchase Agreement submitted to the City Council for review
at this meeting has been revised to indicate the end date of October 11,
2006. Material was distributed to the City Council ;or review.
- Mr. Monahan noted that there may be a potential Visitor's Agenda topic
brought forward concerning the St. Anthony's Church parking waiver
request. The proposed parking standards do not meet what is required.
Father Sleg has suggested that the City consider waiving the fees to proceed
with addressing the parking issues. Staff will review and determine whether
the Code should be amended and report back to the City Council. This
issue arose during a preapplication conference with representatives from the
church.
Rail Volution has been rescheduled for November 29 - December 2.
Information was distributed to the Citv Council. Mr. Monahan noted that
the Commuter Rail, at this point, is on the "back burner." He suggested
that the City Council wait before it considers sending representatives to
conferences such as the Rail Volution.
- Councilor Moore advised he would not be traveling to the National League
of Cities Conference.
Mr. Monahan referred to a brochure that was distributed to the City
Council for the recruitment of a police captain.
- Mr. Monahan noted that he would be attending the League of Oregon
Cities Conference. No City Council members planned to attend.
Information on the "voting delegate" was distributed to the City Council.
- Mr. Monahan reported that Paul Hunt has submitted a letter regarding his
high regard for what the City has done to improve Cook Park. Mr. Hunt
also indicated his support for the proposed new library. A copy of Mr.
Hunt's letter is on file in the City Recorder's office.
- Council discussed that Tualatin Mayor Lou Ogden is no longer the primary
representative for the Metro Policy Advisory Committee (MPAC). Richard
COUNCIL MINUTES - October 9, 2001 page 4
*Kidd from the City of Hillsbere Forest Grove will now be the primary
representative. There will be an opening for the alternate position.
® EXECUTIVE SESSION: No Executive Session was held.
Study meeting concluded at 7:34 p.m.
1. BUSINESS MEETING
1.1 Mayor Griffith called the business meeting to order at 7:40 p.m.
1.2 Roll Call: Mayor Griffith and Councilors Dirksen, Moore, Patton, and Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications ex Liaison Reports: None.
1.5 Call to Council and Staff for Non-Agenda Items: None.
2. VISITOR'S AGENDA
Tigard High School Student Envoy Nathan Leamy
Information was distributed to the City Council and Mr. Leamy reviewed highlights
of recent activities of Tigard High School students.
e lack Polans, 16000 SW Queen Victoria, King City, Oregon, raised issues with
regard to "mixing" of drinking water from several sources. He was concerned
about what percentage is mixed. Councilors Patton and Scheckla noted that
supplies that are received from the City of Portland are "mixed" from its
resources. Public Works Director Wegner confirmed that the City of Tigard blends
water and that the system cannot isolate one source from another. How much the
water is blended depends on where the City buys the water and the time of year.
In response to Mr. Polans' question about whether wells are located near
earthquake faults, Mr. Wegner noted that the Portland Water Bureau is responsible
for well location.
® Patrick Burns requested the City Council consider an amendment to the Tigard
Municipal Code, Chapter 10.32.079, which would require that a parade on
public property be preceded by a color guard. Mr. Burns has talked to Assistant
to the City Manager Liz Newton on this subject. The City, when it requires to
' parade permits, is concerned with public safety. With regard to flag displays, the
City relies on state or federal laws. Mr. Monahan cautioned that if the City does
establish a color guard requirement as suggested by Mr. Burns, thought must be
given about how this requirement would be enforced. After discussion, it was
determined that staff would review the issue and report back to the City Council.
(Note: The discussion with State Representative Max Williams was held next; see Page 7.)
*Corrected 12/11/01
COUNCIL MINUTES - October 9, 2001 page 5
i
3. CONSENT AGENDA:
It was noted that all resolutions had been modified to indicate an effective date;
agenda item 3.7 relating to per diem allowances did not require a separate discussion;
and the laptop purchase agreement (item 3.7) has been revised to indicate an end
date of October 11, 2006.
Motion by Councilor Moore, seconded by Councilor Patton, to approve the Consent
agenda, as modified:
3.1 Receive 8z File:
a. Council Calendar
b. Tentative Agenda
3.2 Adjust the Fee for the Cost of Accounting and Processing of Checks Returned
by Banking Institutions for Non-Payment - Resolution No. 01- 55
3.3 Approve Budget Amendment #S to the Fiscal Year 2001-02 Budget to
Transfer Funds to Pay an Assessment by the League of Oregon Cities for Legal
Costs Associated with Qwest Franchise Fees - Resolution No. 01- 56
3.4 Approve Budget Amendment #6 to the Fiscal Year 2001-02 Budget to
Transfer Funds from Contingency to Make a Contribution to Community
Partners for Affordable Housing for the Village at Washington Square Project -
Resolution No. 01- 57
3.5 Establish a Procedure to Grant City Sponsorship to Community Events and
Replace Resolution No. 00-01 - Resolution No. 01- 58
3.6 Approving an Amendment to the Non-exclusive Cable Television Services
Franchise Agreement Granted to TO of Tualatin Valley, Inc., by Extending
the Deadline for Construction of the Required System Upgrade - Resolution
No. 01- 59
3.7 Approve a Policy on Per Diem Allowances for the City Council and Executive
Staff when Attending National Conferences - Resolution No. 01-60
3.8 Local Contract Review Board
a. Award a Personal Services Contract to Precision Graphics for Cityscape
Newsletter Printing Services
b. Award Contract to Provide Fuel at Captive Sites and Foreign
Sites through the Use of Commercial Automated Fuel Systems to
i Bretthauer Oil Company
C. Award Contracts for Laptop Computers to ESP Technology,
Sterling Computers, and Alsea Computers
3
The motion was approved by a unanimous vote of Council present:
COUNCIL MINUTES - October 9, 2001 page 6
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Sch,-~:kL... Yes
4. TIGARD BEYOND TOMORR9W VISION UPDATE
Assistant to the City Manager Newton introduced this agenda item.
Staff liaisons to each of the six target areas reviewed progress. A copy of the
PowerPoint presentation summarizing highlights is on file in the City Recorder's
office.
➢ DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE
REPRESENTATIVE MAX WILLIAMS
Senator Deckert was unable to attend the Council meeting.
Representative Max Williams's comments are highlighted as follows:
• The Legislative Session closed on July 7, 2001.
• School funding was increased.
• For the first time in a decade a transportation funding package was approved
($400 million).
• Commuter rail funding was approved (lottery bond) for $35 million.
• Funding was restored to higher education and community colleges.
• An improved, expanded childcare tax credit was approved.
• Food stamp program funding was approved.
$1.8 million was allocated to the domestic violence program fund.
• Oregon is entering into an economic recession. On September 1, the State was
down $300 million from previous ending fund balance estimates. There is the
possibility of a special session in January and Representative Williams said he was
uncertain about what will be cut. It is anticipated that it will be 2002 before the
economy "turns around" and 2003 before the State coffers will realize any
evidence of budget growth.
Y Representative Williams noted a Constitutional challenge to use of lottery funds,
and the outcome could affect the issuance of commuter rail bonds.
C Representative Williams commented on the Qwest lawsuit (local governments
3 collecting franchise fees) against the City of Portland and advised that he had
hoped for a legislative solution.
• Measure 7 remains unresolved and there is no indication when the court will issue
an opinion.
COUNCIL MINUTES - October 9, 2001 page 7
5. PUBLIC HEARING - CONSIDER A RESOLUTION APPROVING A
SUPPLEMENTAL BUDGET TO FISCAL YEAR 2001-2002 FOR THE PARKS
SYSTEM DEVELOPMENT CHARGE FUND AND THE UNDERGROUND UTILITY
FUND
a. Mayor Griffith opened the public hearing.
b. Finance Director Prosser presented the staff report, which is on file in the City
Recorder's office.
C. Public Testimony: None.
d. Staff Recommendation: Approval of the proposed ordinance.
e. Mayor Griffith closed the public hearing.
f. Council Consideration:
RESOLUTION NO. 01-61 - A RESOLUTION APPROVING A
SUPPLEMENTAL BUDGET FOR FY 2001-01 FOR THE PARKS SDC FUND
AND THE UNDERGROUND UTILITY FUND.
Motion by Councilor Moore, seconded by Councilor Patton, to adopt
Resolution No. 01-61.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
6. CONSIDER AN ORDINANCE AMENDING CHAPTER 2.16 OF THE TIGARD
MUNICIPAL CODE TO UPDATE STATUTORY REFERENCES AND CLARIFY
THE POWERS OF THE MUNICIPAL JUDGE AND PRO TEMPORE MUNICIPAL
JUDGE
Finance Director Prosser reviewed the staff report, which is on file in the City
i Recorder's office.
i ORDINANCE NO. 01-14 - AN ORDINANCE AMENDING CHAPTER 2.16
TO UPDATE STATUTORY REFERENCES AND CLARIFY THE POWERS OF
THE MUNICIPAL JUDGE AND PRO TEMPORE MUNICIPAL JUDGE
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance
No. 01-14.
The motion was approved by a unanimous vote of the City Council present:
COUNCIL MINUTES - October 9, 2001 page 8
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
7. CONSIDER:
7.1 AN ORDINANCE AMENDING SECTION 12.10.180 AND
ADDING NEW SECTIONS 12.10.300, 12.10.310, 12.10.320,
12.10.330, AND 12.10.340 OF THE TIGARD MUNICIPAL CODE
Utility Manager Dennis Koellermeier presented the staff report, which is on
file in the City Recorder's office. Mr. Koellermeier characterized the
proposed amendments as "housekeeping" in nature.
ORDINANCE NO. 01-15 - AN ORDINANCE AMENDING SECTION
12.10.180 AND ADDING NEW SECTIONS 12.10.300, 12.10.310,
12.10.320, 12.10.330, AND 12.10.340 OF THE TIGARD
MUNICIPAL CODE
Motion by Councilor Patton, seconded by Councilor Scheckla, ' to adopt
Ordinance No. 01-1 S.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Counci!or Patton - Yes
Councilor Scheckla - Yes
7.2 A RESOLUTION AMENDING THE RULES, RATES, AND
REGULATIONS GOVERNING WATER SERVICE HANDBOOK
RESOLUTION NO. 01-62 - A RESOLUTION AMENDING SECTION
19 OF THE RULES, RATES AND REGULATIONS GOVERNING WATER
SERVICE HANDBOOK
Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt
Resolution No. 01-62.
The motion was approved by a unanimous vote of the City Council present:
COUNCIL MINUTES - October 9, 2001 page 9
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
8. CONSIDER AN ORDINANCE AMENDING SECTION 2.28.020 OF THE
TIGARD MUNICIPAL CODE TO REMOVE THE REQUIREMENT THAT
RESERVE OFFICERS MUST BE UNDER THE AGE OF 60
Police Chief Ron Goodpaster presented the staff report, which is on file in the City
Recorder's office.
ORDINANCE NO. 01-16 - AN ORDINANCE AMENDING SECTION 2.28 OF
THE TIGARD MUNICIPAL CODE CHANGING SUBSECTION 2.28.020 TO
REMOVE THE REQUIREMENT THAT RESERVE OFFICERS MUST BE UNDER
THE AGE OF 60
Motion by Councilor Moore, seconded by Councilor Patton, to adopt Ordinance No.
01-16.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
9. CONSIDER AN ORDINANCE AMENDING SECTION 10.50.080 OF THE
TIGARD MUNICIPAL CODE CHANGING SUBSECTION 10.50.080 (6)
PROHIBITING MOVEMENT OF OVERSIZE LOADS ON CITY STREETS
BEFORE 9 AM AND AFTER 3 PM
Police Chief Ron Goodpaster presented the staff report, which is on file in the City
„ Recorder's office. He explained that the Police Department works closely with people
if there are problems. In response to questions regarding Code language for weekend
activity, Chief Goodpaster clarified how some flexibility must be maintained and that
the permit process protects the interests of the City.
a
ORDINANCE NO. 01-17 - AN ORDINANCE AMENDING SECTION
10.50.080 OF THE TIGARD MUNICIPAL CODE CHANGING SUBSECTION
10.50.080(6) PROHIBITING MOVEMENT OF OVERSIZE LOADS ON CITY
STREETS BEFORE 9:00 A.M. AND AFTER 3:00 P.M.
COUNCIL MINUTES - October 9, 2001 page 10
Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance
No. 01-17.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
10. CONSIDER AN ORDINANCE AMENDING CHAPTER 14.20 OF THE TIGARD
MUNICIPAL CODE REGARDING MOVING OF BUILDINGS
Building Official Gary Lampella presented the staff report, which is on file in the City
Recorder's office.
ORDINANCE NO. 01-18 - AN ORDINANCE AMENDING CHAPTER 14.20
MOVING OF BUILDINGS.
Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Ordinance No.
01-18.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
11. CONSIDER AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE TIGARD
MUNICIPAL CODE BY ADDING NEW SECTIONS AND AMENDING EXISTING
SECTIONS PERTAINING TO GENERAL GOVERNMENT AND
ADMINISTRATION AND PERSONNEL
City Recorder Cathy Wheatley presented the staff report, which is on file in the City
Recorder's office.
ORDINANCE NO. 01-19 - AN ORDINANCE AMENDING TITLES 1 AND 2 OF
THE TIGARD MUNICIPAL CODE BY ADDING NEW SECTIONS AND
COUNCIL MINUTES - October 9, 2001 page 11
AMENDING EXISTING SECTIONS PERTAINING TO GENERAL GOVERNMENT
AND ADMINISTRATION AND PERSONNEL.
Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Ordinance
No. 01-19.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
12. COUNCIL LIAISON REPORTS: None.
13. NON AGENDA ITEMS: None.
14. EXECUTIVE SESSION: No Executive Session was held.
15. ADJOURNMENT: 9:25 p.m.
CUC-
atherin Wheatley, City Rec der
Attest:
y o and
Date: la. 1 r
I:\ADM\CATHY\CCM\011009. D OC
COUNCIL MINUTES - October 9, 2001 page 12
CrrY OF TIGARD, OREGON
AFFIDDAdff OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I,
begin first duly sworn, on oath,
depose and y:
SMItk 1:1
That I posted in the following public and conspicuous places, a copy of Ordinance
is - t"B
Number (s) MI-144 01-11S,
which were adopted at the Council Meeting dated copy(s)
of said ordinance(s) being hereto attache and by reference made a part hereof, on the _
4 day of , 206 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
Subscribed and sworn to before me this day of 1` to ye- m 6Lr , 20_Q I
T
Notary Public for Oregon
A My Commission Expires: _ /6-10-03
NOTARY coana ss~2 a 2=]=
BEE
CITY OF TIGARD, OREGON
ORDINANCE NO.01- J~
AN ORDINANCE AMENDING CHAPTER 2.16 TO UPDATE STATUTORY REFERENCES AND
CLARIFY THE POWERS OF THE MUNICIPAL JUDGE AND PRO TEMPORE MUNICIPAL JUDGE
WHEREAS, the statutory reference in chapter 2.16 of the Tigard Municipal Code needs to be updated to
reflect current state law; and
WHEREAS, the duties of the pro tempore municipal judge may be more accurately defined; and
WHEREAS, the authority of the municipal judge to impose penalties when acting as a civil infraction
hearings officer need to be clarified;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 2.16 MUNICIPAL COURT is amended as indicated in the attached Exhibit
"A". Deleted working is struck through and added wording is underlined.
SECTION : This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By unapt 1 mOUS vote of all Council members present after being read by number and
title only, this. qMb day of 2001.
0 GD
Catherine Wheatley, City Reco er
APPROVED: By Tigard City Council this day of 2001.
antes E. G ' f i , r
~Approved as to form:
City Attorney
Zo I
Date
ORDINANCE No. 0 1-f
Page 1
EXHIBIT A
2.16.030 Pro tempore municipal judge.
The office of pro tempore municipal judge of the municipal court for the city is created. One or
more pro tempore municipal judges may be incumbent at any given time. The holder(s) of the office
shall be subject to appointment and removal in like manner as herein provided with respect to the
municipal judge. A pro tempore municipal judge shall act only when the municipal judge is unable to
perform his duties by reason of absence from the city, illness, vacation, disqualification as provided by
ORS 221.353 §221-347, or as specifically determined by the court administrator, and in such
circumstances the court personnel will assign one of the pro tempore judges to serve in lieu of the
municipal judge.
The pro tempore municipal judge shall have the same powers and be compensated in the same
manner as the municipal judge. (Ord. 87-36 §1, 1987: Ord. 85-26 §1(part), 1985).
2.16.050 Powers of municipal judge.
The municipal judge when acting as such,
vken-se-msti-xg; shall perform all the duties and have all the inherent and statutory powers of a justice of
the peace within the jurisdictional limits of the office of municipal judge, and such additional powers as
may be specifically conferred by the Tigard Municipal Code, and-shall have including the power to issue
search warrants and warrants to enter property and abate civil infractions. (Ord. 99-01; Ord. 85-26
§ 1(part), 1985).
ORDINANCE No. 01
Page 2
CITY OF TIGARD, OREGON
ORDINANCE NO. 01-,-L5
AN ORDINANCE AMENDING SECTION 12.10.180 AND ADDING NEW SECTIONS
12.10.300,12.10.310, 12.10.320,12.10.330 AND 12.10.340 OF THE TIGARD
MUNICPAL CODE
WHEREAS, the public interest is served by the City's ability to limit water usage during
an emergency; and
WHEREAS, amendments to the Municipal Code would clarify the process to be used to
curtail water usage when water shortages occur or are anticipated;
NOW, THEREFORE, the City of Tigard ordains as follows:
SECTION 1: Section 12.10.180 of the Tigard Municipal Code is amended to read as
follows:
Limitation on the Use of Water
(a) Limitation on the use of water as to hours, purpose, or manner may be
prescribed from time to time by order of the Public Works Director,
based on a finding that the limitation is reasonable given the available
and projected water supply and demand. Any order under this section
shall be reviewed by the City Council at its next session following
issuance of the order. The City Council may affirm, withdraw or
amend the order.
(b).The Public Works Director, the City Manager, or the City Council may
call for voluntary reductions in water use, including but not limited to
voluntary rotational watering plans.
SECTION 2: A new Section 12.10.300 is added to the Tigard Municipal Code to read
~
as follows:
Findings and Declaration of a Water Erinergency.
Upon a finding that the municipal water supply system is incapable of
providing an adequate water supply for normal usage due to a drought,
system failure, or any other event, the City Council may declare a water
emergency and require that water usage must be curtailed. The
declaration shall include the effective date, the reason for the declaration,
ORDINANCE No. 01-1
Page 1
and the level of prohibition declared. The City Council may include an
estimated time for review or revocation of the declaration.
SECTION 3: A new Section 12.10.310 is added to the Tigard Municipal Code to read as
follows:
Levels of Prohibition.
(1) Level I - Limited. The following activities or actions are prohibited
under a Level 1 declaration:
(a) Watering, sprinkling or irrigating lawn, grass or turf; exceptions:
(i) New lawn, grass or turf that has been seeded or
sodded 90 days prior to declaration of a water
shortage may be watered as necessary until
established;
(ii) High-use athletic fields that are used for organized
play.
(iii) If the Level 1 declaration so provides, a mandatory
rotational watering plan may be imposed rather than
an absolute prohibition on watering.
(b) Watering, sprinkling or irrigating flowers, plants, shrubbery,
ground cover, crops, vegetation, or trees except from 6:00 p.m.
to 10:00 a.m.
(c) Washing, wetting down or sweeping with water, sidewalks
walkways, driveways, parking lots, open ground or other hard
surfaced areas; exceptions:
(i) Where there is a demenstratable need in order to
meet public health and safety requirements, such as:
to alleviate immediate fire or sanitation hazards; for
dust control to meet air quality requirements
mandated by the Oregon Department of
Environmental Quality;
(ii) Power washing of buildings, roofs and homes prior to
painting, repair, remodeling or reconstruction, and not
solely for aesthetic purposes.
(d) Washing trucks, cars, trailers, tractors and other land vehicles or
boats or other water-borne vehicles, except by commercial
establishments or fleet washing facilities which recycle or reuse
the water in their washing processes, or by bucket and hose
with a shut-off mechanism; exception:
(i) Where the health, safety and welfare of the public is
contingent upon frequent vehicle cleaning, such as: to
clean garbage trucks and vehicles that transport food
and other perishables, or otherwise required by law.
Owners/operators of these vehicles are encouraged
ORDINANCE No. 0143
Page 2
to utilize establishments that recycle or reuse the
water in their washing process.
(e) Cleaning, filling or maintaining decorative water features, natural
or manmade, including but not limited to, fountains, lakes,
ponds and streams, unless the water is recirculated through the
decorative water feature. Water features that do not include
continuous or constant inflowing water are not included.
(f) Wasting water by leaving unattended hoses running.
(g) Water line testing and flushing in connection with construction
projects; exception:
(i) Testing and flushing of critical water facilities
(h) Other actions that the City Council determines should be
restricted, consistent with a Level I situation, including any
restriction or curtailment imposed on the city by water suppliers
or applicable law, regulation or order.
(2) Level 11- Moderate. The following activities or actions are prohibited
under a Level II declaration.
(a) Actions and activities prohibited in a Level I situation.
(b) Watering of any lawn, grass or turf, regardless of age or usage.
(c) Watering, sprinkling, or irrigating flowers, plants, shrubbery,
groundcover, crops, vegetation or trees.
(d) Washing of vehicles other than in establishments that recycle.
(e) Power washing of buildings, regardless of purpose, is
prohibited.
(f) Any additional actions that the City Council determines should
be restricted consistent with a Level II situation.
(3) Level III - Severe. In addition to the restrictions imposed under Level I
and Level 11, the City Council may impose any other restriction on
water use or activities that may require the need for water supplies,
consistent with the City water supply contracts. Activities that may
require the need for water supplies include fireworks displays and
other events that create a risk of fire. In imposing a Level III restriction,
the City Council shall consider any restriction recommended by the
Public Works Director or by any Fire District serving the City.
SECTION 4: A new Section 12.10.320 is added to the Tigard Municipal Code to read as
follows:
Enforcement.
(1) Warning. The City shall send a letter of warning for each violation of a
curtailment restriction if no previous letter of warning has been sent to
the person responsible for the violation. The letter of warning shall
specify the violation, may require compliance measures, and shall be
served upon the person responsible for the violation. Service may be
ORDINANCE No. 01- J5
Page 3
in person, by office or substitute service, or by certified or registered
mail, return receipt requested.
(2) Civil Infraction. After the person responsible for the violation has
received a warning letter, any subsequent violation shall be treated as
a civil infraction under Chapter 1.16.
SECTION 5: A new Section 12.10.330 is added to the Tigard Municipal Code and reads
as follows:
Penalties.
(1) First Violation - Warning letter.
(2) Second Violation of the same type - Class 3 infraction $50
(3) Third Violation of the same type - Class 2 infraction $100
(4) Fourth and subsequent violations of the same type - Class 1 infraction
$250.
SECTION 6: A new Section 12.10.340 is added to the Tigard Municipal Code to read as
follows:
Water Shut-Off.
After the third violation of a curtailment restriction, the Public Works
Director may order that the water service to the location where the
violation has occurred shall be shut-off or reduced. A shut-off notice shall
be posted on the property at least 48 hours prior to the scheduled shut-off
or reduction. The shut-off notice shall specify the reasons for the shut-off
or reduction. Any person wishing to avoid a shut-off must provide the
Public Works Director with evidence that the shut-off will create a health or
safety risk. All shut-offs imposed under this section shall be temporary,
not to exceed thirty (30) days, provided the applicable charges are paid
prior to reconnection. The reconnection charge and, if applicable, the
meter disconnection charge imposed under Section 12.03.030 shall be
paid before the reconnection.
SECTION 7: A new Section 12.10.350 is added to the Tigard Municipal Code to read
as follows:
Definition
As used in Sections 12.10.180 through 12.10.350:
"Rotational watering plan" means a plan for watering lawns and/or
gardens on specific days or at specific times and not on other days or
times. A rotational watering plan may be voluntary or mandatory.
ORDINANCE No. 0145
Page 4
e
SECTION 8: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City recorder.
PASSED: By UACLAintbu S votes of all Council members present after
being read by number and title only, this 10 day of 04.6a~ic1J 2001.
00-:&'Ak W
Catherine Wheatley, City Re order
APPROVED: By Tigard City Council this day of U(," , 2001.
LAWAd A
ames Griffl h, . r
Approved as to form:
City Attorney
10(g/D
Date
Wmuni llsgard\Waterord 051501
ORDINANCE No. 01-16
Page 5
NMI
~ CITY OF TIGARD, OREGON
ORDINANCE NO. 01- I LP
AN ORDINANCE AMENDING SECTION 2.28 OF THE TIGARD MUNICIPAL CODE CHANGING
SUBSECTION 2.28.020 TO REMOVE THE REQUIREMENT THAT RESERVE OFFICERS MUST BE
UNDER THE AGE OF 60.
WHEREAS, Sub section 2.28.020 - Membership - Revocation - Qualifications - of the Tigard Municipal
Code currently states "Members shall not be less than twenty-one years of age and not more than sixty
years of age," and
WHEREAS, restricting; the age to less than 60 years of age is discriminatory,
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sub section 2.28.020 is amended to read as follows: "Members shall not be less than
twenty-one years of age."
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By MYl11 M5 vote of all Council members present after being read by number and
title only, this q'ul day of CkA6WA-, , 2001.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this q6A day ofDCtb~- . 2001.
Tmes E. G 'd , or
Approved as to form:
City Attorney V
Date
ORDINANCE No. 01- i f
Page 1
d
TIGARD MUNICIPAL CODE
Chapter 2.28 POLICE RESERVE. member must take the oath of office as prescribed
by the city charter. (Ord. 68-49 §2, 1968).
Sections:
2.28.030 Equipment and uniform
2.28.010 Creation-Membership. requirements.
2.28.020 Membership-Revocation-
Qualifications. The city shall furnish and maintain uniforms
2.28.030 Equipment and uniform for reserve officers. All reserves will be required
requirements. to purchase their own protection vest, weapon,
2.28.040 Duty restrictions. duty belt and equipment. The protection vest will
2.28.050 Subject to call. be replaced when needed, as determined by the
2.28.060 Jurisdiction of police chief of police, at city expense. (Ord. 92-32 §1,
department. 1992; Ord. 68-49 §3, 1968).
2.28.070 City official cannot be member.
2.28.080 City property to be returned 2.28.040 Duty restrictions.
upon membership termination.
2.28.090 Appointment of lieutenant. Except when on duty by call of the chief of
2.28.100 Compensation provisions and police or other authority of the city, the members
contract services. of the police reserve shall perform no police
2.28.110 Powers and privileges of functions other than those granted to all citizens of
regular police while serving on the state of Oregon by the laws thereof. (Ord. 68-
active duty. 49 §4, 1968).
2.28.010 Creation-Membership. 2.28.050 Subject to call.
There is created an organization of police Members of the police reserve shall at all
officers in the city to be known as the "Tigard times be subject to call and the performance of
police reserve," to be composed of a voluntary such police duties as may be assigned to them and
membership of not to exceed fifteen members shall report for duty at such intervals and times
who shall be under the jurisdiction and subject to that shall be fixed or determined by order of the
duty on call of the chief of police. (Ord. 68-49 §1, chief of police. (Ord. 68-49 §5, 1968).
1968).
2.28.060 Jurisdiction of police
2.28.020 Membership-Revocation- department.
Qualifications.
Members of the organization shall be subject
Membership in the police reserve shall be for to the orders of the regularly constituted authority
an indefinite term. Such membership may be of the city and shall be directly responsible to the
revoked at any time by the chief of police for the chief of police and under his jurisdiction and that
good of the city or may be canceled at any time by of the other officers of the police department of
a member on written notification to the chief of the city and of the police reserve. Members found
police. Members shall be not less than twenty- guilty of insubordination or conduct unbecoming
one years of age an officer, or who shall have been convicted of
Their applications will be approved and any crime involving moral turpitude, or who for
confirmed by the chief of police, and each any reason shall be regarded as unsatisfactory as a
2-28-1 Reformatted 1994
TIGARD MUNICIPAL CODE
member of such organization, may be dismissed public or private entities for services provided by
from service in the police reserve by the chief of reserve police officers including, but not limited
police. (Ord. 68-49 §6, 1968). to, providing security and directing traffic, and
shall charge base police officer rate for such
2.28.070 City official cannot be member. services.
(c) While on duty as a reserve officer, each
No official of the city, whether appointed or individual will be covered by the city workers'
elected, may be a member of the police reserve. compensation insurance for work-related injuries
(Ord. 68-49 §7, 1968). and under the city's liability policy as long as they
are acting within the scope and responsibility of
2.28.080 City property to be returned their position, unless prohibited by a separate
upon membership termination. agreement. (Ord. 92-32 §2, 1992: Ord. 68-49 §10,
1968).
Upon termination of membership in the
police reserve for whatever reason, all property of 2.28.110 Powers and privileges of
the city in the possession of the retiring member regular police while serving on
shall be surrendered and delivered to such official active duty.
as the chief of police shall designate to receive the
same. (Ord. 68-49 §8,1968). When serving on active duty at the call of the
chief of police or other authority of the city,
2.28.090 Appointment of lieutenant. members of the police reserve shall be entitled to
all the powers and privileges of a regular police
There may be appointed by the chief of officer of the city and subject to all the duties and
police, a lieutenant of the police reserve who shall regulations and responsibilities thereof. The
not be an active member of the regular police responsibility of citizens to assist police officers
force of the city, but shall be a member in good in pursuit of their duties shall apply to the
standing of the police reserve and shall, subject to members of the police reserve while on active
regulations imposed by the chief of police, be the duty in the same manner as to any other police
executive officer of the police reserve. Additional officer. (Ord. 68-49 §11, 1968).0
lieutenants and sergeants may from time to time
be appointed by the chief of police from members
of the reserve to serve at his pleasure. (Ord. 68-49
§9, 1968).
2.28.100 Compensation provisions and
contract services.
(a) Members of the police reserve shall
receive no compensation for their membership
therein or while on duty as such unless the chief
of police declares an emergency and then they
would be paid based on police officer rate.
(b) However, subsection (a) of this section
shall not prohibit the city from contracting with
2-28-2 Reformatted 1994
P•
CITY OF TIGARD, OREGON
ORDINANCE NO.01-
AN ORDINANCE AMENDING SECTION 10.50.080 OF THE TIGARD MUNICIPAL CODE
CHANGING SUB SECTION 10.50.080 (6) PROHIBITING MOVEMENT OF OVERSIZE LOADS ON
CITY STREETS BEFORE 9:00 AM AND AFTER 3:00 PM.
WHEREAS, Subsection 10.50.080 (6) the Tigard Municipal Code currently states "no move shall take
place during the periods of seven a.m. through nine a.m., without approval of the chief of police", and
WHEREAS, movement of oversize loads after three p.m. causes severe traffic congestion at rush hour
rimes on weekdays, and
WHEREAS, public safety vehicles cannot move effectively through severely congested streets, and
WHEREAS, restricting movement of oversize loads will prevent this cause of traffic congestion,
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sub section 10-50.080 (6) is amended to read as follows: No movement shall begin
before nine a.m. on weekdays and must be completed by three p.m.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By lL (ll1'W vote of all Council members present after being read by number and
title only, this Q Y day of C7Gf-al~z_ , 2001.
Catherine Wheatley, City Record
APPROVED: By Tigard City Council this 4?6 day of 92001.
i
i
es E. riffi ayor
pproved as to form:
City Attorney
c--a -f ~ a i
Date
ORDINANCE No. 01-L-7
Page 1
MEN
r
TIGARD MUNICIPAL CODE
Chapter 10.50 MOVING OF OVERSIZE means the designee or designees appointed by the
LOADS director of community development who is
responsible for the building inspections and
Sections: enforcement of the building code.
10.50.010 Title. (3) City Engineer. "City engineer" means
10.50.020 Definitions. the city engineer or the city engineer's designee.
10.50.030 Permit required.
10.50.040 Permit application--Fee. (4) Street. "Street" means any highway,
10.50.050 Permit for moving or relocating road, street or alley as defined in ORS 487.005(1)
a building onto a lot. and (8).
10.50.060 Protection of public and private
property and utilities. (5) Structure. "Structure" means that which
10.50.070 Certificate of insurance. is built or constructed, an edifice or building of
10.50.080 Permit issuance conditions. any kind, or piece of work artificially built up or
10.50.090 Permit contents. composed of parts joined together in some
10.50.100 Permit revocation. definite manner.
10.50.110 Liability.
10.50.120 Protection of streets and (6) Chief of Police. "Chief c` police"
property. means the designee appointed by the city
10.50.130 Project to continue administrator who is responsible for the
uninterrupted. administration of the police department and may
10.50.140 Cleanup. also be referred to herein as "Chief."
10.50.150 State highway/county road use.
10.50.160 Moving oversize loads on same (7) Oversize Load. "Oversize load" means
property. any building, structure or commodity which is to
10.50.170 Violation-Penalty. be moved along any city street upon a flatbed
truck, trailer, dollies or similar vehicles, which has
10.50.010 Title. a loaded width exceeding eight feet and/or a
loaded length exceeding fifty feet total, and/or a
This chapter shall be known as the "moving loaded height exceeding fourteen feet pursuant to
of oversize loads ordinance" and may also be ORS 818.080. (Ord. 90-18 §l(part), 1990)
referred to herein as "this chapter." (Ord. 90-18
§1 (part), 1990) 10.50.030 Permit required.
10.50.020 Definitions. (a) No person shall move an oversize load
across or along a street without first applying for
For the purposes of this chapter, the and obtaining a permit under this chapter.
following mean:
(b) No person shall move an oversize load
(1) Building. "Building" means any across or along a street in violation of a provision
structure used or intended for sheltering any use of this chapter or of the provisions of the permit
or occupancy. issued under this chapter. (Ord. 90-18 §1(part),
1990)
(2) Building Official. "Building official"
10-50-1 Reformatted 1994
e
TIGARD MUNICIPAL CODE
10.50.040 Permit application--Fee. information for design review approval.
(a) Application for a permit to move an (c) An application shall be signed by the
oversize load shall be made to the building official owner of the oversize load to be moved or by the
on forms provided by the building official and person engaged to move the building.
shall include the following information:
(d) A fee of ten dollars shall be paid prior to
(1) The name and address of a person the issuance of a permit. Should it be necessary
who owns the oversize load; for the city to provide any assistance in the
moving of an oversize load, the applicant shall
(2) The name and address of a person pay an amount equal to the cost of labor and/or
engaged to move the oversize load; materials, or any other cost incurred by the city.
These fees, pursuant to this section may be
(3) The location from which the amended by the city council by resolution. (Ord.
oversize load is proposed to be moved; 90-18 § 1(part), 1990)
(4) The proposed new site of the 10.50.050 Permit for moving or relocating
oversize load and its zoning classification (if in a building onto a lot.
the city);
The movement or relocation of any building
(5) The proposed route for moving the or structure (which would otherwise require the
oversize load; issuance of a building permit), within or into the
city, to be placed on a lot within the city, shall in
(6) The dimensions, type of addition to the provisions of this chapter, comply
construction and approximate age of the oversize with Chapter 14.20. (Ord. 90-18 §1(part), 1990)
load;
10.50.060 Protection of public and private
(7) The use or purpose for which the property and utilities.
oversize load was designed;
(a) The issuance of an oversize load permit
(8) The use or purpose to be made of is not an approval to remove, alter, interfere or
the oversize load at its new location (if in the endanger any public or private property, or utility
city); without first having obtained in writing, the
permission of the property owner(s), utility, or
(9) The proposed moving date and public entity to do so.
hours of moving;
(b) The applicant shall have made
(10) Any additional information the arrangements to the satisfaction of the owner(s),
building official considers necessary for a fair utility or public entity for protecting the
determination of whether the permit should be installations or property, paying for whatever
issued. damage the moving causes them, and for
reimbursing the owner(s), utility or public entity
(b) In situations where the city's design for any costs of removal and reinstallation of the
review standards apply, the applicant shall also property that the move necessitates. (Ord. 90-18
make application and submit all necessary ( §1(part), 1990)
10-50-2 Reformatted 1994
TIGA RD MUNICIPAL CODE
10.50.070 Certificate of insurance.
The permit shall specify:
A permit shall not be issued until the (1) The route for moving the oversize load;
applicant furnishes proof of liability insurance
with a surety company authorized to do business (2) The dates and times within which the
in this state, for the purposes of moving oversize moving is to be completed;
loads, in an amount and form approved by the
building official. (Ord. 90-18 §1 (part), 1990) (3) Whatever additional conditions the
building official considers necessary to satisfy
10.50.080 Permit issuance conditions. ordinance requirements, to minimize the
obstruction of traffic to protect property, and to
The building official shall issue the permit protect the public safety and welfare. (Ord. 90-18
subject to any necessary conditions if: § 1(part), 1990).
(1) The application complies with the 10.50.100 Permit revocation.
requirements of this chapter;
The building official may refuse to issue a
(2) The moving can be accomplished permit or may revoke a permit issued under this
without damage to property, or in case of damage chapter if:
to the property, it is consented to by the owner of
the property or is to be paid for to the owner's (1) The permittee violates or cannot meet a
satisfaction; requirement of the permit or a section of this
chapter;
(3) The building at its new site, if within the
city, will conform to the requirements of the (2) Grounds, such as a misstatement of fact
community development code; exist for revocation, suspension or refusal to issue
the permit. (Ord. 90-18 § 1(part), 1990).
(4) All requirements of the building code
ordinance (Chapter 14.04) have been complied 10.50.110 Liability.
with;
The permit shall not constitute an
(5) The applicant shall be responsible for authorization for damaging property. The permit
notifying the police department, fire department, shall not constitute a defense against any liability
and all other affected agencies not less than that the permittee incurs for personal injury or
required by the agency, but not less than forty- property damage caused by the moving. (Ord. 90-
eight hours prior to commencement of the move; 18 § 1(part), 1990)
(6) No move shall take plaee dtHiag the 10.50.120 Protection of streets and
begin property.
before nine a.m. on weekdays and must be
completed by three p.m. on all days. without Equipment used to move oversize loads
(Ord. 90-18 along or across the public streets of the city shall
§1 (part), 1990) be equipped with pneumatic tires, which shall be
the only part of the equipment to come in to
10.50.090 Permit contents. contact with the surfaces of the streets, except
10-50-3 Reformatted 1994
TIGARD MUNICIPAL CODE
planking as required by the city engineer. The
city engineer may require the permittee to proceed
on planking of specified dimensions when the city
engineer considers the planking necessary to
prevent damage to a public street or other
property. (Ord. 90-18 §l(part), 1990)
10.50.130 Project to continue
uninterrupted.
Once an oversize load has been moved onto a
public street under a permit authorized by this
chapter, the person moving the oversize load shall
continue with the moving project without
interruption until it is completed, except as the
permit for the moving of the oversize load
specifically allows to the contrary. (Ord. 90-18
§ 1(part), 1990)
10.50.140 Cleanup.
A person moving an oversize load under a
permit authorized by this chapter shall promptly
remove from the public streets and private
property all litter produced by the moving. (Ord.
90-18 §l(part), 1990)
10.50.150 State highway/county road use.
The building official may waive any of the
requirements of this chapter regarding oversize
loads to be moved through the city upon a county
road or state highway from and to points outside
the city limits if:
(1) Movement will be made pursuant to a
permit issued by the appropriate state agency;
(2) Notice of the proposed movement and a
copy of the permit is submitted to the building
official before the movement; and
(3) The building official is satisfied that
adequate precautions have been taken to protect
the public safety and welfare. (Ord. 90-18
§ l (part), 1990)
10-50-4 Reformatted 1994
.r
.c
TIGA RD MUNICIPAL CODE
10.50.160 Moving oversize loads on same
property.
Section 10.50.030 shall not apply when an
oversize load is moved on the same or private
property, or along a private street not controlled or
maintained by the city, except that Section
10.50.050 shall apply in all cases. (Ord. 90-18
§ 1(part), 1990)
10.50.170 Violation-Penalty.
Violation of this chapter (except for Section
10.50.050) shall constitute a Class I infraction and
shall be processed in accordance with the civil
infractions ordinance, codified in Chapter 1.16 of
this code. (Ord. 90-18 §l(part), 1990)8
10-50-5 Reformatted 1994
f
11 ~
Attachment 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 01-- IS
AN ORDINANCE AMENDING CHAPTER 14.20 MOVING OF BUILDINGS
WHEREAS, THE DEFINITIONS IN CHAPTER 14.20 MOVING OF BUILDINGS WERE
INCONSISTENT WITH CHAPTER 10.50 MOVING OF OVERSIZE LOADS; AND
WHEREAS, THE LACK OF CONSISTENCY PROVED TO BE DETRIMENTAL TO ENFORCEMENT
OF THIS CHAPTER,
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: SECTION 14.20.020 OF THE TIGARD MUNICIPAL CODE SHALL BE AMENDED
AS SHOWN IN "EXHIBIT A".
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By nOWI 5 vote of all Council members present after being read by number and
title only, this - day of 0UDi -2A-- , 2001.
Catherine Wheatley, City Reco er
APPROVED: By Tigard City Council this CF7 day of 0CtbJ2?4> , 2001.
ames E. ri yor
Approved as to form:
Attorney
ID1q ~o t
Date
ORDINANCE No. 01- 8
Page 1
EXHIBIT A
TIGARD MUNICIPAL CODE
StFikOeut5 are deleted language and bold underline is
new language.
(3) City Engineer. "City 14.20 MOVING OF BUILDINGS means the city engineer or the city engineer's
Sections: designee responsible for enforcing this chapter.
(4) Oversize Load. "Oversize
14.20.010 Title. load" means anv building, structure or
14.20.020 Definitions. commodity which is to be moved along any city
14.20.030 Permit required. street upon a flatbed truck, trailer, dollies or
14.20.040 Permit application--Fee. similar vehicles, which has a loaded width
14.20.050 Plans required for permit. exceeding eight feet and/or a loaded length
14.20.060 Protection of public and private exceeding fifty feet total, and/or a loaded height
property and utilities. exceeding fourteen feet pursuant to ORS
14.20.070 Performance assurance. 818.080. (Ord. 90-18 41(part),1990)
14.20.080 Permit issuance conditions.
14.20.090 Permit revocation. (5) Street. "Street" means any
14.20.100 Liability. highway, road, street, or alley as defined in ORS
14.20.110 Cleanup. 487.005(1) and.(8). (Ord. 90-17 § 1(part), 1990)
14.20.120 Violation--Penalty.
(6) Structure. "Structure" means
14.20.010 Title. that which is built or constructed, an edifice or
buildine of any kind, or piece of work
This chapter shall be known as the artificially built up or composed of parts Wined
"moving of buildings ordinance" and may also be together in some definite manner.
referred to herein as "this chapter." (Ord. 90-17
§1 (part), 1993) 14.20.030 Permit required.
14.20.020 Definitions.
(a) No person shall move any
building within or into the city, to be placed on a
For the purposes of this chapter, the lot, without first applying for and obtaining a
following mean: permit under this chapter.
(1) Building. "Building" means a (b) No person shall move a building
b*ijdipg that °meeeds eight feet in width, across or along a public street or way without first
load`' f e g, extends upward tner-e than obtaining a permit to move an oversize load as
f ui4een feet f em the r-e nd, exeeeds fifty regulated in Chapter 10.50. (Ord. 90-17 §l(part),
feet leng4h pursuant QRS -818. any 1990)
structure used or intended for sheltering anv
use or occupancy. 14.20.040 Permit application--Fee.
(2) Building Official. "Building (a) Application for a permit to move
official" means the designee or designees a building on or onto a lot shall be made to the
appointed by the director of community building official on forms provided by the
development who is responsible for the building building official and shall include the following
inspections and enforcement of the building code. information:
14-20-1 Reformatted 1994
4 -
TIGARD MUNICIPAL CODE
the permit. (Ord. 90-17 §I(part), 1990)
(1) The name and address of
a person who owns the building; 14.20.050 Plans required for permit.
(2) The name and address of A minimum of two sets of plans shall be
a person engaged to move the building; submitted with each application for a building
permit. The plans shall be drawn to scale and
(3) The location from which shall indicate the location, nature and extent of the
the building is proposed to be moved; work proposed and show in detail that it will
conform to the provisions of the building code and
(4) The proposed new site of other relevant laws, ordinances and regulations.
the building and its zoning classification; (Ord. 90-17 §1(part), 1990)
(5) The dimensions, type of 14.20.060 Protection of public and private
construction, and approximate age of the building; property and utilities.
(6) The use or purpose for (a) The issuance of a permit to move
which the building was designed; a building is not an approval to remove, alter,
interfere, or endanger any public or private
(7) The use or purpose to be property or utility without first having obtained in
made of the building at its new location; writing, the permission of the property owner(s),
(8) The proposed moving utility or public entity to do so.
date and hours of moving;
(b) The applicant shall have made
(9) Any additional arrangements to the satisfaction of the owner(s),
information the building official considers utility or public entity for protecting the
necessary for a fair determination of whether the installations or property, paying for whatever
permit should be issued. damage the moving causes them, and for
reimbursing the owner(s), utility or public entity
(b) In situations where the city's for any costs of removal and reinstallation of the
design review standards apply, the applicant shall property that the move necessitates. (Ord. 90-17
also make application and submit all necessary § 1(part), 1990)
information for design review approval.
14.20.070 Performance assurance.
(c) An application shall be signed by
the owner of the building to be moved or by the (a) Performance assurance shall be
a person engaged to move the building. furnished to the city in the form of a bond
executed by the applicant with a surety company
' (d) The permit shall not be issued authorized to do business in this state and
until the applicant pays a permit fee to defray the approved as to form and amount by the building
costs of issuing the permit. The amount of the fee official, or a cash deposit with the city in an
shall be set pursuant to the state building code fee amount approved by the building official. The
f schedule. performance assurance shall guarantee that the
applicant shall, within three months after the
(e) All other applicable development building has been moved onto the property, have
fees and charges shall be paid prior to issuance of it placed and anchored on a permanent foundation
14-20-2 Reformatted 1994
MVE
TIGARD MUNICIPAL CODE
system, and within six months of moving the development code;
building onto the property, have all construction
on the building completed and ready for (4) All requirements of the building
occupancy in accordance with building and code ordinance (Chapter 14.04 of this code) have
zoning regulations. been complied with. (Ord. 90-17 §1(part), 1990)
(b) Failure to comply with subsection 14.20.090 Permit revocation.
(a) of this section will result in forfeiture of the
bond or cash deposit, and the city will use the The building official may refuse to issue a
funds to complete whatever work is necessary to permit or may revoke a permit issued under this
bring the building into conformance with chapter if.
applicable codes. Should there be insufficient
funds to complete the work necessary, to bring the (1) The permittee violates or cannot
building into conformance with applicable codes, meet a requirement of the permit or a section of
and the building official determines the building is this chapter; or
a dangerous building as described in Chapter
14.16, the building official may choose to (2) Grounds, such as a misstatement
demolish the building to abate the violation. of fact exist for revocation, suspension or refusal
to issue the permit. (Ord. 90-17 § 1(part), 1990)
(c) The building official may extend
the completion date up to an additional six 14.20.100 Liability.
months, where the applicant has requested an
extension in writing, and the building official The permit shall not constitute an
determines there is due cause for granting the authorization for damaging property. The permit
request, and no hazard exists. shall not constitute a defense against any liability
the permittee incurs for personal injury or
(d) No building shall be moved on or property damage caused by the moving. (Ord. 90-
onto a lot in the city for the purpose of storage of 17 §1(part), 1990)
the building. (Ord. 90-17 § 1(part), 1990)
14.20.110 Cleanup.
14.20.080 Permit issuance conditions.
A person moving a building under a
The building official shall issue the permit permit authorized by this chapter shall promptly
subject to any necessary conditions if: remove from the public streets and private
property all litter produced by the moving. (Ord.
(1) The application complies with the 90-17 §1(part), 1990)
requirements of this chapter;
14.20.120 Violation-Penalty.
(2) The moving can be accomplished
without damage to property, or in case of damage Violation of this chapter shall constitute a
to the property, it is consented to by the owner of Class I civil infraction and shall be processed in
the property or is to be paid for to the owner's accordance with the civil infractions ordinance,
satisfaction; codified in Chapter 1.16 of this code. (Ord. 90-17
§ 1(part), 1990)
(3) The building at its new site, will
conform to the requirements of the community
14-20-3 Reformatted 1994
CITY OF TIGARD, OREGON
ORDINANCE NO.01- I q
AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE TIGARD MUNICIPAL CODE BY ADDING NEW
SECTIONS AND AMENDING EXISTING SECTIONS PERTAINING TO GENERAL GOVERNMENT AND
ADMINISTRATION AND PERSONNEL
WHEREAS, the Tigard City Council has determined that certain sections of the Tigard Municipal Code (TMC) are
to be amended or new sections are to be added so that the TMC is internally consistent and reflects the intent of the
Council; and
WHEREAS, Chapter 1.01 should cite the official name and purpose of the TMC; and
WHEREAS, Chapter 1.01 should authorize the City Recorder to edit the TMC within prescribed parameters;
WHEREAS, Section 1.01.060 needs revision to remove unnecessary language relating to the Constitutionality of
the TMC;
WHEREAS, the Council finds that the lack of a deadline for collecting signatures on initiative petitions leads to an
abuse of the process, allowing petitions to continue to circulate long after some of the petition signers have ceased
to be registered voters within the City and that a need for a time limit for collecting signatures is therefore needed;
WHEREAS, Chapter 1.56.010 contains unnecessary language relating to the appointment and removal of the City
Recorder; and
WHEREAS, Chapter 2.60.010 contains unnecessary language relating to the appointment and removal of the City
Attorney and does not properly describe the responsibility of the Council;.
WHEREAS, the amendments proposed by this ordinance to Tigard Municipal Code Sections 1.01.010, 1.01.060,
2.56.010 and 2.60.010 are shown in a redline version of those sections attached hereto as Exhibit A.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Section 1.01.010 is revised to read as follows:
1.01.010 'T'itle
The Tigard Municipal Code is adopted as the official city code of the city of Tigard. The code
shall be cited as the "Tigard Municipal Code," published under general authority of the city
council and maintained as provided in this chapter by the city recorder.
SECTION 2: Tigard Municipal Code Chapter 1.01 is amended by adding a new section 1.01.080 to read as
follows:
1.01.80 Editing of Code
ORDINANCE No. 01-~
Page 1
_ t
In preparing the codified editions of ordinances for publication and distribution the City
Recorder shall not alter the sense, meaning, effect or substance of any ordinance, but, with such
limitations, may renumber sections and parts of sections of the ordinances, change the wording
of headings, rearrange sections, change reference numbers to agree with renumbered chapters,
sections or other parts, substitute the proper subsection, section or chapter or other division
numbers, strike out figures or words that are merely repetitious, change capitalization for the
purpose of uniformity, and convect manifest clerical or typographical errors.
SECTION 3: Tigard Municipal Code Section 1.01.060 is amended to read as follows:
1.01.060 Constitutionality.
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions
of this Code. The council declares that it would have passed this Code, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional.
SECTION 4: Tigard Municipal Code Chapter 1.12 is amended by adding a new section 1.12.040 to read as
follows:
1.12.040 FILING DEADLINE FOR INITIATIVE PETITIONS
(1) No later than the 90th day after the prospective petition for an initiative for a city
measure is filed with the City Recorder, the initiative petition shall be deposited with the City
Recorder for signature verification.. Within ten days after a duly prepared petition is
deposited with the City Recorder, the City Recorder shall verify the number and genuineness
of the signatures and the voting qualifications of the persons signing the petition by reference
to the registration information in the office of the Washington County Clerk. If the City
Recorder determines that there are an insufficient number of signatures, the petition shall be
returned to the sponsor or person offering the petition for filing. The petition may be refiled
at any time within 90 days of the filing of the prospective petition.
(2) No initiative petition shall be accepted for filing unless:
(a) It contains 100 percent of the required number of signatures;
(b) All signatures were obtained within 90 days after the dated the prospective
petition was filed;
(c) As circulated, it complies with the requirements of state statutes; and
(d) The initiative is for a legislative measure within the authority of the City.
SECTION 5: Tigard Municipal Code Section 2.56.010 is amended to read as follows.
2.56.010 Appointment and removal.
The office of recorder of the city of Tigard, as provided by Section 10 of Chapter III of the
Charter, shall be filled by appointment by the consent of the council and shall be upon the
ORDINANCE No. 01-j5
Page 2
6
L
1
J~
advice of the city manager. The recorder shall be appointed solely on the basis of qualifications
and experience avid without regard to political considerations. Appointment and removal of the
recorder shall be upon the advice of the city manager and require the prior consent of a majority
of the full council recorded at a public meeting. Cause shall not be required for removal of the
city recorder.
SECTION 6: Tigard Municipal Code Section 2.60.010 is amended to read as follows:
2.60.010 Appointment and removal.
The city attorney shall be appointed by the consent of the council. The attorney shall be
appointed solely on the basis of qualifications and experience and without regard to political
considerations. Appointment and removal of the attorney shall require the prior consent of a
majority of the full council recorded at a public meeting. Cause shall not be required for
removal of the city attorney.
SECTION 7: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor, and posting by the City Recorder.
PASSED: By A&Mpu5 vote of all Council members present after being read by number and title only,
this rt - day of Q c4-o bX-A- , 2001.
Catherine Wheatley, City Re rder
APPROVED: By Tigard City Council this G day of 0000 11 22001.
A. (RA
es E. Griffith,
Ap roved as to form:
ty Attorney
(1) -q /0 I
Date
I:WDWORDINANOTMCI AND2AND.DOC
ORDINANCE No. 01
Page 3
Exhibit A.
Ordinance No. 01-
Redline Version of Amended Sections
Deleted language is shown by strilrethrough, new language is bold and underlined.
1.01.010 Adoption. Title
put-iew-theree
The Tigard Municipal Code is adopted as the official city code of the city of Tigard. The code
shall be cited as the "Tigard Municipal Code." published under general authority of the city council and
maintained as provided in this chapter by he city recorder.
1.01.060 Constitutionality.
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The council declares
that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional, and if ~br- any r-easen this Code should be deelar-ed invalid er- , then the er-iginal erdineaee
er- rdinanees shall be in a.11 f -ee and of «
2.56.010 Appointment and removal.
The office of recorder of the city of Tigard, as provided by Section 10 of Chapter III of the Charter, shall be filled
by appointment by t ayer-nth the consent of the council and shall be upon the advice of the city admWstrete~
manager. The recorder shall be appointed solely on the basis of qualifications and experience and without regard to
political considerations. Appointment and removal of the recorder by-fl3e-eF shall be upon the advice of the city
administmteF manager and require the prior consent of a majority of the full council recorded at a public meeting. Cause
shall not be required for removal of the city recorder,
2.60.010 Appointment and removal.
The city attorney shall be appointed by themafer-with the consent of the council. The attorney shall be appointed
solely on the basis of qualifications and experience and without regard to political considerations. Appointment and
removal of the attorney by the m yer- shall require the prior consent of a majority of the full council recorded at a public
meeting. Cause shall not be required for removal of the city attorney.
1 AAD IMO R D I NAN CUM C 1 AN D2AN D. D OC
ORDINANCE No. 01- ~g
Page 4
MEMO
Agenda Item No. j+u d~ iDf)
Meeting of O I C7I o l
MEMORANDUM
TO: Honorable Mayor & City Council "
FROM: Bill Monahan, City Manager
RE: Library Site Discussion
DATE: October 2, 2001
Several activities are now taking place as we approach completion of the new library
model, scheduled for October 15, 2001. During the Study Session portion of the
October 9, 2001, City Council meeting, staff will bring City Council up to date on these
activities. They are:
1. The effort to obtain an option on the proposed site. We will give a
status report on the efforts to secure an option from Fred Fields. Some of
the discussion could take place In Executive Session if negotiations have
proceeded to that level.
2. Addressing the land use regulations and wetland regulations that
apply to the proposed site. The Community Development Department
and Engineering Department have been reviewing the regulations that
must be addressed to utilize the proposed site for a new library. Staff will
explain the process necessary to explore making the zoning suitable for
the proposed use and discuss the process and timelines required to
address the wetlands issues.
3. Assessment of site limitations. Staff will identify the limitations that
exist on the site, which dictate location of the building and improvements
(road right-of-way location, wetlands, setback from streams, etc.)
4. Suggestion by the Tigard-Tualatin School District that the City
consider the colocation of a magnet school at the site. The School
District Facility Planning Committee has been discussing the concept of a
magnet school. Last week, I attended a meeting of the Facility Committee
to bring them up to date on our efforts to site a new library. I requested
that the District provide a written proposal for City Council review and
consideration. The magnet school concept is one that I am somewhat
familiar with, based upon Information I have received over the last couple
of weeks. However, all of the components of the program are not clear. I
have asked the District to attempt to clarify the proposal within a memo
that I can bring to City Council on October 9, 2001.
Additional information will be sent to City Council in the Friday newsletter. Attached to
this memo is a memo from Jim Hendryx dated September 26, 2001, which clarifies
some erroneous information provided to the City Council by the project architect on
September 25, 2001.
Mine= 10-2-01.doc
CITY OF TIGARgD
Community (Development
ShVingA Better Community
E
UT OF TMAH, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503) 639-4171
Fax 684-7297
TO: Tigard City Council
FROM: Jim Hendryx /
/V Lg`
DATE: September 26, 2001
SUBJECT: Library Site
Staff has been working continuously with the LibraryArchitectural and Site Committee
regarding conceptual plans as planning for a new libraryhas progressed. It is important to
clarify some factors. During the September 25, 2001 City Council meeting, site specific
development questions came up which have not been fully evaluated. It is possible that
potentially erroneous information regarding the flood plain and the ultimate improvement of
Hall Boulevard were inadvertently provided.
Detailed analysis will be required before a final determination can be made of what public
improvements will be necessary or can be made on the site.
It should be noted that the project is in the early design phase. Discussions have been
centered on conceptual plans. It is important to keep the discussion to the conceptual
stage at this point because the City does not have sufficient information or a complete
application on which to answer technical site improvement questions.
1Acurp1nW1dc\memosVibrary site memo.doc
Agenda Item No. S C~ S2 y--, i Dyl
Mleeting of 1 DP ul
MEMORANDUM
TO: Honorable Mayor & City Council 1~lv
FROM: Bill Monahan, City Manager
RE: Metro Greenspaces
DATE: October 2, 2001
Further developments have occurred in the last couple of weeks regarding Metro's
efforts to acquire properties in the City of Tigard through the Greenspaces Program.
The activities involve:
1. The Stanley, Conklin, and Gage property, which have been promoted by
the Trust for Public Lands, and
2. The Senn property.
During the Study Session portion of the October 9, 2001, City Council meeting I will
provide City Council with an update on these properties.
The Stanley, Conklin, Gaye properties - On September 24, 2001, 1 provided City
Council with a memo along with !Dick Shouten's e-mail discussing these properties. On
September 25, 1 received a telephone call from Jim Desmond, Metro staff responsible
for the Greenspaces Program. Mr. Desmond advised me that through informal
discussions with members of the Metro Council, it was his opinion that acquisition of
these three properties through the Metro Greenspaces Program is unlikely. He advised
me that these properties are not presently on the list of eligible properties. In addition,
he shared with me the results of an informal poll that he has taken with Metro
Councilors, which indicated to him that there is not sufficient support within the Council
to add these properties to the list of eligible acquisitons.
It is possible that by October 9, 2001, the Metro Council will take a formal position on
these properties.
Senn property- The Senn property is located in Tigard in the Metzger area. Over the
past year, efforts have been underway through the Three Rivers Land Conservancy and
neighbors of the site to package acquisition of the property. Clean Water Services and
the City have also been consulted. Attached is a letter dated September 26, 2001,
where Jim Desmond lays out the framework of a deal that Metro is actively working.
The components of the deal include Clean Water Services and the City of Tigard
providing $200,000 in a local match to assist Metro in the acquisition. City staff has
consulted with Craig Dye of Clean Water Services to better understand the $200,000
commitment. It is our understanding that the City share of the local match can come
from funding that the City receives from Clean Water Services.
During the Study Session, staff will bring the City Council up to date on the components
of the potential purchase and seek City Council direction. Metro would like to receive a
response from Tigard by October 26. Please note that Three Rivers Land Conservancy
and the local neighborhood are attempting to raise $100,000 to contribute to the
purchase. It is our understanding that some funds have been raised, however, it is not
unlikely that the Conservancy and the neighborhood request that Tigard consider
providing some additional funding. Staff will update City Council on availability of City
funds. Finally, Metro is asking that the City consider assuming sole responsibility for the
maintenance, management, and operation of the Senn property. Staff will discuss the
implications of this with City Council and seek preliminary direction.
If additional information becomes available on any of these sites prior to October 9, that
information will be provided to Council.
Attachments
c: Jim Hendryx
Ed Wegner
IAADM\PACKET120011009\0000 METRO PROPERTIES STUDY SESSION MEMO.DOC
Y .
600 NORTNEP ST GRAND AVENUE I PORTLAND, OREGON 97737 7736
T E L 5 0 3 7 9 7 1 7 0 0 E A% S 0 3 7 9 7 1 7 9 7
11, III
September 26, 2001
M ETRO
William Monahan
City Manager
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Re: Senn Property
9750 SW 74 Ave
Dear Mr. Monahan:
As you know, Metro and Three Rivers Land Conservancy are currently negotiating to
acquire the above referenced property, commonly known as the Senn property. This is a
936-acre parcel located in Tigard near the headwaters of the south fork of Ash Creek. A
1994 City of Tigard Natural Areas Inventory described this site as a high quality natural
area and recommended its protection.
Metro's Fanno Creek Corridor refinement plan adopted following the passage of Metro's
Open Spaces, Parks and Streams bond measure in 1995 calls for Metro to acquire
properties along the main stem of Fanno Creek as well as within the upper Fanno Creek
watershed and within headwaters areas. An important difference between main stem and
upper watershed/headwaters sites is that Metro is only authorized to provide up to 75
percent of the acquisition cost of headwaters sites, with local jurisdictions and/or non-
profit partners required to provide the remaining 25 per cent match. In certain special
cases, Metro can provide up to 10% (but not more than $50,000), above appraised value.
The appraised value of the property is $755,000. The seller's asking price is $1,137,047.
However, Metro and Three Rivers Land Conservancy now believe that the owner may be
convinced to sell the property for approximately $905,000. Due to this site's high natural
resource value, in this case Metro is willing to provide up to $605,000 of the estimated
acquisition price (approximately 80% of the appraised value, thus utilizing our limited
authority to pay above appraised value in special cases). Three Rivers Land Conservancy
is working with the local neighborhood to raise up to $100,000 to contribute to the
purchase. This effort represents an extraordinary commitment from Three Rivers and the
community and we are extremely appreciative of their efforts. Metro is requesting that
Clean Water Services and the City of Tigard provide a total of $200,000 in local match
funds (approximately 27% of the appraised value and approximately 22% of the
estimated purchase price) to close the gap between the estimated $905,000 purchase
price and the $705,000 in acquisition funds that would be provided by Metro and Three
Rivers (and its donors).
Rea yeled Puprr
viwvv.metr oregion.org
7 DD 797 1804
William Monahan
September 26, 2001
Page 2
As a condition to closing this transaction, Metro is requesting that the City of Tigard
enter into an intergovernmental agreement providing that the City of Tigard will assume
sole responsibility for maintenance, management and operation of the property,
consistent with the Metro Open Spaces Bond Measure and implementing Resolutions,
and will add the property to the City of Tigard's natural area park inventory. In regard to
the City of Tigard's anticipated responsibilities under such an agreement, I would refer
you the existing IGA between Metro and the City of Tigard for the Lowery property,
executed in August, 1999. This document will serve as an example of the type and kind
of management responsibilities and obligations envisioned for the City of Tigard under
such an agreement.
Title to the property may be held in several ways. Clean Water Services and Three
Rivers Land Conservancy have indicated that they are not interested in holding any
portion of title to this property. Metro is willing to hold up to 100% of title to the
property if the City prefers. Or, the City may take title to the property as a tenant in
common with Metro, owning a fractional interest in the property proportionate to the
City's contribution to the purchase price. Assuming an estimated purchase price of
$905,000, Metro's minimum share of the title would be approximately 67 percent, with
the City eligible to share up to approximately 33% of the title.
The effort to purchase the Senn property represents a unique partnership involving
public, private, non-profit groups and citizens. With the exception of an existing single
family residence situated on a portion of the site (which can easily be razed) this property
represents one of the last remaining large blocks of undeveloped land available for
acquisition on any of the Fanno Creek tributaries. The parcel's size, sloping topography,
and natural vegetation directly contribute to the water quality and quantity of Ash Creek,
and consequently, to the water quality of Fanno Creek.
As we are anxious to conclude our negotiations on this property, it would be extremely
helpful if the City of Tigard and Clean Water Services could respond to this proposal
within the next 30 days. Thank you for your consideration. Please do not hesitate to
contact me with any questions or concerns that you may have.
Best reg ds,
Ji Desmond
ager
Open Spaces Acquisition Division
Regional Parks and Greenspaces
cc: Craig Dye, Clean Water Services
Jayne Cronlund, Three Rivers Land Conservancy
William Eadie, Metro
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Jim Hendryx
FROM: Bill Monahan
DATE: September 24, 2001
SUBJECT: Dick Schouten Memo - Metro Greenspaces
Attached is an e-mail that was sent to Councilors Moore and Dirksen last week. A copy
has been circulated to all council members. I expect there will be some discussion of this
during the city council study session of September 25.
Please review the information provided by Washington County Commissioner Schouten.
Commissioner Schouten is making a case that Metro should modify its list of Tigard
properties to include both the Stanley and Conklin properties. In addition, since the
package deal offered by the Trust for Public Lands includes the Gage property, it appears
that he also supports Gage. He also refers, on page 9 of his report, to the Senn property.
I expect the city council will be looking for direction from staff on how to proceed to work
with Commissioner Schouten, other Washington County Commissioners, and Metro to
push for Commissioner Schouten's proposal. In order for our city council to be prepared,
community development needs to prepare a memo in response to the issues raised. The
memo should include the following:
1. Status of the Stanley, Conklin, Gage, and Senn properties in Tiigard's master
plans.
2. What we know about the status of the Senn property. (For your information, 1
have yet to receive a letter from William Eade of Metro presenting the Metro
proposal for acquisition of this property.)
3. Any staff comments which would provide clarification or would correct
comments made by Commissioner Schouten in his report.
4. A recommended course of action to initiate discussions with Metro staff prior to
a meeting of elected officials. Such a meeting may help to identify the common
ground on which we and the county and Metro staff have agreed prior to elected
official discussions in preparation of a course of action.
MADMOLLSV..MO GREENSPACE ACOUSM NSAOC
L1~aL. _ aw _
<rclUly YVIlC3+~1G~[-Mt3l1 P'a..1
From: Dick Schouten <Dick Schouten@co.washington.or.us>
To: Tom Bran <Tom_Brian@co.washington.or.us>, Dennis Mulvihill
<Dennis_Mulvihill@co.washington.or.us>, "'chosticka@earthlink.netm <chosticka@earthlink.net>,
"'brian more@pgn.com'" <brian_more@pgn.com>, "'skafoury@telepori:.com"' <skafoury@teleport.com>,
mcraigd@ci.tlgard.or.us'" <craigd@ci.tigard.or.us>, Bill Gaffi <gaffib@usa-cieanwater.org>
Date: 9/20/01 4:12PM
<<Greenspaces.doc>> Ail:
Here is a draft memo I have prepared regarding possible Metro purchases of
Bull Mountain properties. I look forward to your responses.
Dick Schouten
CC: Charlie Cameron <Charlie Cameron@co.washington.or.us>
Copies to:
Mayor/Council V Other:
City Manager C
Council )rile _
COUVI
All:
A few months ago, Tom Brian asked a number of questions
regarding openspaces in Washington County. Three of those
questions are directly relevant to Metro's possible
purchase of three properties (Stanley Trust, Conklin and
Gage) in the Tigard area, all optioned by the Trust for
Public Land.
Tom's three questions are below in bold italics, with my
response following. For Tom's First Question, my answer is
broken down into two parts, namely acquisitions per Metro's
Website dated August 15th; and the latest updates I received
on September 14th, 17th and 18th from Metro Councilor
Hosticka, and/or the two principals in Metro's Openspaces
Department, Charlie Ciecko and Jim Desmond.
Question 1. What openspace purchases has Metro
currently made in Washington County under the 95
openspaces bond program?
The First part of my Answer to Tom's First Question
per Metro's web page, last updated on August 15:
Below you will see Metro's Openspace Bond Program
acquisitions as quoted from Metro's web site (last updated
August 15, 2001). I added the capitalized text. This
added text includes: what the regional acquisition areas
are under the 1995 Bond; and how much the purchase totals
are currently over or under the 1995 Bond targets.
i
"Regional natural areas
i
a "Numbers in parentheses indicate the acreage acquired in
each area as of August 15, 2001.
a
a "1. Gales Creek (606 acres) - south of Forest Grove,
acquired wetlands and riparian forests will offer wildlife
habitat near the Tualatin River and increase habitat
adjacent to Fernhill Wetlands."
1
THE 95 BOND ISSUE TARGET FOR GALES CREEK IS 775 ACRES. WE
ARE CURRENTLY SHORT 169 ACRES.
"2. Jackson Bottom/McKay and Dairy creeks (73 acres) -
acquisitions along these tributaries of the Tualatin River
will support water-quality enhancement efforts in the
Tualatin Basin and add wildlife habitat to the Jackson
Bottom Management Area."
THE 95 BOND ISSUE TARGET FOR JACKSON BOTTOM/ETC. IS 335
ACRES. WE ARE CURRENTLY SHORT 262 ACRES.
"3. Tualatin River access points (385 acres) - public
access in at least four locations along the Tualatin River
will provide opportunities for canoeing, kayaking, fishing,
picnicking and wildlife viewing."
THE 95 BOND ISSUE TARGET FOR THE TUALATIN RIVER ACCESS
POINTS IS 265 ACRES. HERE WE ARE OVER THE TARGET BY
120 ACRES.
"4. Cooper Mountain (256 acres) - forested and open space
areas.provide significant wildlife habitat. The stands of
oak and madrone trees that exist here are uncommon in
the metropolitan area."
THE 95 BOND ISSUE TARGET FOR COOPER MOUNTAIN IS 425
ACRES. WE ARE CURRENTLY SHORT 169 ACRES.
"5. Rock Creek (109 acres) - a tributary of the Tualatin
River, this creek flows through an area of rapid urban
growth. Acquisitions will protect some of the natural
features of the area, provide wildlife habitat, help
maintain water quality and offer recreational
opportunities."
THE 95 BOND ISSUE TARGET FOR ROCK CREEK IS 300 ACRES. WE
J ARE SHORT 191 ACRES.
r
2
"6. Forest Park buffer/ expansion (830 acres) - inholdings
and adjacent buffer areas will be purchased to protect the
future of Forest Park, a 5,000-acre park in urban
Northwest Portland."
THE 95 BOND ISSUE TARGET FOR FOREST PARK IS 320 ACRES.
WE ARE CURRENTLY 500 ACRES OVER TARGET HERE.
"7. Willamette River Greenway (898 acres) - acquisitions
along the greenway from Wilsonville to the Multnomah
Channel adjacent to Sauvie Island will be considered. Fish
and wildlife habitat protection, river access, scenic
values and water-quality protection will be among factors
used to purchase land along the greenway. Specific
Willamette River Greenway projects include Multnomah
Channel (326 acres), Willamette Cove (27 acres), Willamette
Narrows (439 acres) and Canemah Bluff (129 acres)."
THE 95 BOND ISSUE TARGET FOR THE ENTIRE GREENWAY IS 1,100
ACRES. WE ARE CURRENTLY SHORT 202'ACRES.
"8. Tonquin geologic area (448 acres) - this area near
Tualatin links to the Tualatin River National Wildlife
Refuge and contributes scenic value to the cities of
Wilsonville and Tualatin. It also features unique geologic
evidence of prehistoric glacial flooding."
THE 95 BOND ISSUE TARGET FOR TONQUIN IS 275 ACRES. WE ARE
OVER TARGET 173 ACRES.
1%9. Tryon Creek linkages (43 acres) - stream greenways
leading to Tryon Creek will help protect water quality in
the watershed as well as support the integrity of Tryon
Creek State Park."
THE 95 BOND ISSUE TARGET FOR TYRON IS 20 ACP.ES.
WE ARE CURRENTLY OVER TARGET HERE AT 23 ACRES.
"10. Newell Creek Canyon (145 acres) - located near Oregon
City, the creek flows through a forested canyon. The creek,
which originates on the campus of Clackamas Community
College and flows into Abernathy Creek, is relatively
short, but does support trout and salmon."
3
THE 95 BOND ISSUE TARGET FOR NEWELL CREEK IS 370 ACRES. WE
ARE CURRENTLY SHORT THERE BY 225 ACRES.
"11. Clear Creek Canyon (492 acres) - this creek flows into
the Clackamas River at Carver and supports a salmon
fishery.'The forest of conifers and hardwoods contributes
to high water quality."
THE 95 BOND ISSUE TARGET FOR GALES CREEK IS 345 ACRES. WE
ARE CURRENTLY EXCEEDING THE TARGET BY 147 ACRES.
"12. East Buttes/Boring Lava Domes (730 acres) - a group
of extinct volcanoes and lava domes in north Clackamas and
east Multnomah counties provide unique geographic character
to the region, wildlife habitat and panoramic vistas."
THE 95 BOND ISSUE TARGET FOR EAST BUTTES, ETC. IS 550
ACRES. WE ARE EXCEEDING THE TARGET BY 180 ACRES.
"13. Columbia River shoreline (271 acres) - riparian forest
and island habitat will be acquired west of the Sandy
River."
THE 95 BOND ISSUE TARGET THE COLUMBIA SHORELINE IS 95
ACRES. AGAIN WE ARE EXCEEDING THE TARGET'BY 180 ACRES.
"14. Sandy River Gorge (1,048 acres) - this wild and scenic
waterway will provide important fish and wildlife habitat.
Acquisitions along Sandy River tributaries will also offer
water-quality benefits."
THE 95 BOND ISSUE TARGET FOR THE SANDY RIVER GORGE IS 810
ACRES. WE ARE EXCEEDING THE TARGET BY 238 ACRES.
"Regional trails and greenways
A. Burlington Northern rails-to-trails (2 acres) - this
corridor was originally envisioned to provide public
access from Sauvie Island just north of the island
bridge, over the Tualatin Mountains to the Tualatin
Valley. At this time, a trail option [for Burlington
4
Mjjj!jj
Northern] is not likely, since the railroad company has
not abandoned the rail corridor as previously planned.
(Bold added for emphasis.]"
THIS TRAIL WOULD HAVE RUN FROM WESTERN MULTNOMAH COUNTY
(SAUVIE ISLAND) TO A POINT IN RURAL NORTHWESTERN WASHINGTON
COUNTY NORTHWEST OF CORNELIUS PASS ROAD. ABOUT 80%
OF THE TRAIL WOULD HAVE BEEN IN MULTNOMAH COUNTY. THE
BALLOT MATERIALS FOR THE 95 BOND ISSUE MEASURED THE TRAIL
TARGETS NOT IN ACREAGE BUT IN MILES. FOR THIS PARTICULAR
TRAIL THE TARGET WAS 7 MILES.
"B. Fanno Creek Greenway (30 acres) - additions to the
greenway from the Tualatin River to the Terwilliger Parkway
in Portland will add a touch of green in a highly urbanized
area as well as provide water quality protection."
THE 95 BOND MEASURE TARGET WAS FOR UP TO 12 MILES.
"C. Peninsula Crossing Trail (1 acre) - located in North
Portland, this 3.5-mile trail connects the Smith and Bybee
lakes area with the Willamette Greenway. The trail is now
open for public use."
THE 95 BOND MEASURE TARGET WAS FOR 3 MILES.
"D. OMSI to Springwater Corridor (44 acres) - a portion of
the Willamette Greenway, this east bank corridor will
provide a critical link to the regional trail system
and serve as a buffer to Oaks Bottom Wildlife Refuge."
THE 95 BOND MEASURE TARGET WAS 3 MILES.
"E. Clackamas River North Bank Greenway (608 acres) - a
greenway from Barton Park to Clackamette Park will offer
recreational opportunities and water quality benefits
through a developing area."
THE 95 BOND MEASURE TARGET FOR CLACKAMAS WAS FOR UP TO 8
MILES.
5
"F. Beaver Creek Canyon Greenway (47 acres) - near
Troutdale, this creek tributary of the Sandy River offers
an important fish and wildlife corridor. A section of
the trail project forms a portion of the 40-Mile Loop
system."
THE 95 BOND MEASURE TARGET WAS FOR UP TO 4 MILES.
For the readers' convenience, let me repeat Question 1:
What openspace purchases has Metro currently made
in Washington County under the 95 openspaces bond
program?
The Second part of my Answer to the First Question:
Below you will see the latest Metro's Openspace Bond
Program acquisitions since August 15, 2001. This
information is partly based on recent conversations with
Charlie Ciecko and Jim Desmond:
Metro has very recently acquired Kistner Wetlands. This is
a 373-acre former dairy farm between Banks and Forest
Grove. Mike Houck told me this property has outstanding and
unique natural resources, as well as being an excellent
bird watching site.
That purchase, along with two other purchases (Jensen and
McCallum)totally 25 acres and located in Jackson Bottom,
all recently closed. One other_ as yet undisclosed property
is "signed up but not yet closed" somewhere in the Jackson
Bottom/Dairy/McKay Creek target area.
The bottom line is that Metro will exceed its acreage goals
for the Dairy/McKay Creek/Jackson Bottom area by more than
135 acres.
a
In addition Metro had now closed on the 9 acre Kim
property. This property is located in a Hillsboro part of
the Rock Creek acquisition area. This means Metro is still
short 182 acres for the Rock Creek Greenway.
6
f
Three smaller properties in Washington County are also
signed up but not closed for the Fanno Greenway Trail.
Some simple arithmetic deductions tell us that these Fanno
properties total something less than 55 acres. In addition
a 2 acre piece just inside Portland/Multnomah County was
recently closed for the Fanno Trail. Portland and THPRD
strongly supported this purchase.
THPRD recently completed a new segment of the Fanno Trail
from roughly Allen/Scholls Blvd. to their Garden Home
Recreation Center. The Center is just west of the
County/Portland line on Garden Home Road.
A good number of the missing links for the Fanno.Greenway
Trail are east of the Garden Home Recreation Center, from
the western edge of Portland east to the Willamette River.
The Willamette will be the eastern terminus of the Fanno
Trail. When completed it would be more accurate to call
this trail the Willamette to Tualatin River Trail.
Since August 15th, Metro has brought 10 properties "under
contract" those I mentioned above for Washington County
and some others located elsewhere. These 10 properties
total 568 acres of which 428 acres or 75% of the total are
located in this County.
Question 2. Has Metro 95 Greenspaces Bond dollars been
equitably distributed - has Washington County
received its fair share?
The addition of Kistner Wetlands(Dairy/McKay Creek) and the
other pending or closed purchases for Fanno Creek and Rock
Creek Greenways make this a closer call than before.
However, looking at the target acreage for the 1995 bond
issue, and what Metro has accomplished since then (which is
(outstanding), I still see a serious inequity.
Three of the short falls for the 1995 target areas (Gales
Creek, Cooper Mountain and Rock Creek Greenway) are in
Washington County; Multnomah and Clackamas County share one
(Willamette River Greenway); and Clackamas County has one
alone (Newell Creek Canyon).
7
Moreover, two of the three short falls in this County are
by a factor of well over a 1/3. Specifically: Cooper
Mountain is 169 acres short of a 425 acre target; and Rock
Creek is 182 acres short of a 300 acre target.
The prospects in Cooper Mt. and Rock Creek are particularly
uncertain. And as for trails I think that this County
deserves more than the 2/3rd piece of the Fanno Creek
Trail, especially given the obvious no go status of the
Burlington Northern Trail. That Trail would have tied
northeast Washington County to west Multnomah County.
How is the above discussion relevant to whether Metro
should acquire the TPL optioned lands? Because the TPL
land is a sure way for Metro to meet its obligations to
Washington County under the 1995 Bond program, given the
uncertainties for further acquisitions at Rock Creek,
Cooper Mountain and the Burlington Northern Trail.
Question 3. What openspaces should or can be
acquired in Washington County?
I have heard no one disagree with the target areas set out
in the 1995 Greenspaces Bond issue for Washington County.
This is the so-called "A List" properties. I believe any A
List properties located in this County should be purchased.
However, it is highly unlikely that Metro can reach its
openspaces goals/obligations in Washington County from the
A List alone.
It is my best understanding, after speaking to Councilor
Hosticka, Charlie Ciecko and Jim Desmond, on September 18th
that roughly 12 million dollars is left from the 95
Openspaces Bond for further land purchases.
However, Councilor Hosticka also told me on the 19th that
on-going negotiations for further acquisitions (that is,
deals not yet signed and/or closed) could potentially
commit another 6 million dollars, should all those.
negotiations lead to land purchases. In short 6 of the 12
uncommitted million openspaces bond dollars could become
committed in the future, near or otherwise.
8
I know of one set of negotiations (recently featured in the
Oregonian), that is a part of the 6 million dollars
currently "in play." It is for Washington County property,
known as the Senn Property. Senn is located along Ash
Creek (a Fanno Creek tributary) in Tigard, and is part of
the Fanno Creek Greenway target area. It is my
understanding (again based on the above-referenced
Oregonian feature), that Metro is willing to put $600,000
towards an offered price of $900,000 for Senn. I believe
the balance may come from Clean Water Services, City of
Tigard and individual donors. However more donors are
needed to bridge a current $70,000 shortfall to pay for the
Senn Property.
However, unlike other target areas such as Fanno Creek-
Greenway, at both the Rock Creek and Cooper Mountain Metro
faces a large property owner - an owner that will either
enable Metro to meet its target or cause Metro to remain
far short. So far as I know these owners remain unwilling
to sell their properties to Metro, positions they have held
for some years.
In short, it may be a long time before Metro finds the
willing sellers it needs at Cooper Mountain, Rock Creek and
Burlington Northern. Meanwhile, common sense and my own
observations tell me that Metro will be under intense
pressure to continue buying properties in all acquisition
target areas including those over target.
There will always been some compelling in-holding property,
some missing link, some choice property in these over-
target areas, with passionate advocates pleading for
additional Openspace Bond funds to purchase them. It will
be hard for Metro to say no to those pleas. If there are
not enough "noes" the Openspace Bond money will be gone
before willing sellers (if any) are ever found at Cooper
Mountain, Rock Creek, etc.
It is useful to see the language of the voter approved
Openspaces Bond Measure to determine what courses of action
are open to solve this problem. Metro adopted the
Openspace Acquisition Bond Measure pursuant to Metro
Resolution No. 95-2074-A (the "Resolution"). This
Resolution adopted the language of the Bond Measure by
reference to an attached Exhibit "B". (See the Resolution
at the third resolve paragraph at page 3.)
9
The clear inference, based on the plain meaning of "retain"
in Exhibit B (at page 6), is that if Metro has an
obligation to "retain a regional balance of sites acquired"
should new target areas be selected, then Metro also has a
duty to regionally balance the sites it acquires in the
first place, what I am calling A List properties.
Metro clearly intended to meet that initial obligation by
purchasing openspaces frc,- the Resolution's list of 14
regionally significant natural areas and in the amount set
out in estimated acreages for each of those 14 areas. (See
Resolution at the top of page 6.)
The Resolution allows Metro Council to acquire other
"regionally significant" open spaces outside the 14 initial
acquisition areas from the 1995 Openspaces Bond if certain
circumstances arise. Among those circumstances are if
Metro Council determines it is "infeasible" to acquire A
List properties. (See the Resolution at the second from
the bottom paragraph, at page 6.)
I am only aware of two possible courses of action available
to Metro in order to meet its initial obligation to find a
regional balance, given that only 6 million dollars remain
truly uncommitted. Those courses of action are to either
resolve not to spend any more openspaces money in over
target areas until targets are met for all 14 acquisition
areas, or find that it unfeasible that all 14 targets and
select new target areas.
The above two actions are not mutually exclusive. I
believe Metro should do both. It should do the first
because of the regional balance duties imposed on Metro by
the Resolution. Metro Council should also add new
acquisition areas because that it has become infeasible for
Metro to meet its 1995 Bond obligations to the west-end of
i the Metro region from A List properties alone.
I have reached that conclusion given: the extremely strong
i pressures on Metro to purchase in over target areas,
pressure that will grow not lessen over time; the clear
1 intractability of key land owners at Cooper Mountain and
3 Rock Creek and the operating realities along Burlington
a Northern; and the relatively small balance of remaining
uncommitted openspaces funds.
10
I believe it follows that Metro will need to purchase
openspaces in new target areas since not enough A List
properties can be found to retain regional balance. For
purposes of this memo, I will call properties in new target
areas - B List properties.
I suggest that Metro select new acquisition target areas
based on the language found in the Openspaces Bond Measure,
i.e., whether they:
o Are located in infeasible first priority target areas;
® Are needed to gain or retain a regional balance of sites
acquired; and
Contain parcels that are identified as regionally
significant in the 1992 Metropolitan Greenspaces Master
Plan and more recently depicted as being "Most
Significant Ecological Greenspaces" and "Fits [Metro
Greenspaces] Criteria," on Metro's May 23rd, 2001 "Draft
Regional Greenspaces System" map or its successor.
Bull Mountain is located in an area, eastern Washington
County currently most short of openspaces per the 1995
Openspaces Bond. Specifically, this area contains two
infeasible first priority acquisition target areas (Cooper
Mountain and Rock Creek); and Metro needs to purchase more
land in this area to gain regional openspace balance. (See
the prior pages for the detailed discussion that lead me to
those conclusions.)
Bull Mountain also contains parcels that are identified as
regionally significant in the 1992 Metropolitan Greenspaces
Master Plan, and contain properties that are depicted as
I "Most Significant Ecological Greenspaces" and "Fits [Metro
Greenspaces] Criteria," on Metro's May 23rd, 2001 "Draft
Regional Greenspaces System" map.
I further suggest that Metro select properties in new
acquisition target areas based on whether they:
3
C Are identified as regionally significant in the 1992
Metropolitan Greenspaces Master Plan and more recently
depicted as being "Most Significant Ecological
lI
MIMI
Greenspaces" and "Fits [Metro Greenspaces] Criteria," on
Metro's May 23rd, 2001 "Draft Regional Greenspaces System"
map or its successor.
• Are of sufficient size by themselves or when added to
adjacent parks and/or greenspaces to maintain the on-
going integrity of their natural resources;
• Are on or near regional trails not currently on the 1995
Bond list, but which trails now are being considered by
Metro's Green Ribbon Committee as "potential sites" for
additional Metro funding outside of the 95 Bond;
• Are located in areas identified on park and/or
greenspaces Master Plans or other pertinent governmental
planning documents;
• Enjoy strong public support for use as parks and/or
greenspaces;
• Have willing sellers ready to sell to Metro;
• Have additional acquisition funding sources or which have
sellers willing to sell to Metro on a discounted basis;
• Have partners willing to build necessary improvements and
assume on-going maintenance and operational expenses.
• Are under a strong threat of development or other
activity that would destroy the natural resources on that
parcel;
• Are close to major population centers, and in particular
rapidly growing ones;
• Are in areas presently under served with respect to parks
and/or greenspaces;
• Are readily accessible; and
• Provide significant flood, storm water or other water
quality functions;
12
TPL's two Bull Mountain properties (Cache Creek Addition -
Stanley Trust and Conklin Property) meet nearly all of the
above criteria.
Both properties are located within "Most Significant
Ecological Greenspaces" and fit Metro "Greenspaces
Criteria," as depicted on Metro's May 23rd, 2001 Draft
Regional Greenspaces System map. These properties are also
located within areas identified as regionally significant
in the 1992 Greenspaces Master Plan. Moreover, Mike Houck
believes TPL's Bull Mountain properties continue to have
significant natural resources. He supports Metro's
purchase of these properties.
Conklin and Stanley are of sufficient size by themselves or
when added to adjacent parks and/or greenspaces to protect
the on-going integrity of the natural resources.
Conklin is over 22 acres and is immediately adjacent to a
new school site. Stanley is just less than 8 acres but is
immediately adjacent to Tigard's Cache Creek Park, a green
space park with excellent natural resources. Combining
Stanley and Cache Creek Park would create a natural
resource park of nearly 20 acres. Stanley and Cache Creek
Park are both adjacent to a City-owned reservoir site. So
there are potential green space opportunities on the
reservoir property as well. (See the Technical Memorandum
prepared by Mitchell Nelson, Re: Recreation Benefit
Analysis - Stanley Trust, Conklin Property and Gage Grove,
dated August 29, 2001, ("Technical Memorandum") at page 6.)
Adding the Stanley properties to Cache Creek Park is one of
Tigard's priorities per its 1999 Park System Master Plan.
The Conklin property is identified by that same 1999 Master
Plan "as a potential community park site."
These properties also enjoy strong public support - from
the residents in the area, many who have organized as the
"Friends of Tigard Open Spaces," as well as from many
elected leaders representing the area.
TPL's Stanley Trust, Conklin and a third the Gage Grove
property are all available for Metro purchase. TPL is
willing to sell the above three properties as a package on
a large discounted basis.
13
Moreover, the three parcels are located in prime
development areas, two (Stanley and Conklin) are on Bull
Mountain, a extremely expensive residential area near
Tigard and the other (Gage Grove) is located in the middle
of Tigard. Tigard is growing rapidly. These properties
will likely be developed not long after the TPL options
expire. Both Conklin and Stanley are zoned "Medium Density
Residential," and will accommodate a residential
subdivision.
The City of Tigard's goal for Level of Service (LOS) is 11
acres per 1,000. "The City's current LOS is 9. Future
population projections will only put increased pressure on
existing park and recreation facilities." (See Technical
Memorandum at page 2.)
The Stanley, Conklin and Gage properties are in areas
presently "undeserved" with respect to parks and/or
protected greenspaces. (See the Technical Memorandum at
pages 5, 6 and 8.)
All of the TPL properties are readily accessible for public
use. Indeed, among other access points, Conklin has an
existing 25-foot easement connecting it to a major street,
Beef Bend Road.
Finally, "a storm water containment area" is located along
the northern edge of the Stanley Property. "This feature
performs a necessary function as flood management for the
residential areas.
Summary and Conclusion:
There is 6 million dollars of uncommitted 1995 Openspaces
Bond money left. Metro can not for the foreseeable future
{ find enough willing sellers at Cooper Mountain and Rock
Creek to come any where close to meeting the acreage
targets for those areas as stated in the Bond measure.
3
a Metro has two courses of action to solve the above dilemma:
Either resolve not to buy more acreage in over target areas
until all under target areas are up to target; and/or add
new target areas in areas not meeting the acreage goals.
14
Given the strong pressures to buy more land in target areas
and the relatively small amount of uncommitted Bond funds
now left, Metro's best course is to take both actions.
Bull Mountain meets the criteria set out in the Bond
Measure for a new acquisition target area; and the two TPL
optioned properties on Bull Mountain (Stanley and Conklin)
meet nearly all relevant criteria for land purchase under
Metro's Openspaces Bond Measure.
Metro should purchase Stanley and Conklin at fair market
value, particularly if other discounted land can be
included in that purchase.
I strongly recommend that we move quickly. We have a lot
to do including: reconvening the Tigard group that met to
discuss openspace purchases on Bull Mountain; meeting with
other relevant parties such as TPL, and persuading Metro
Council to freeze additional purchases in over target
acquisition areas, open-up a new Bull Mountain target area,
and open negotiations for possible purchase of TPL's-Bull
Mountain properties. So we have a lot to do, not much time
and not much money left in the Openspaces Bond fund.
15
600 NORTHEAST GRAND AVE N U E PORTLAND, OREGON 97233 2736 ftm 140, -
T E L 5 0 3 7 9 7 1 700 F A X 5 0 3 7 9 7 1 7 9 7 For Counadi NOWsletter dated 10:,r-01
III
RECEIVED C.O.T
September 28, 2009
METRO OCT 0 5 2001
William Monahan Administration
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Bull Mountain
Dear Bill:
I know you have been talking to Jim Desmond regarding Bull Mountain and thought I
should bring you up to date on some recent actions by the Metro Council. Attached is a
copy of Metro Council resolution number 01-3106, adopted by Metro Council on
September 27, 2001. This resolution directs that the limited remaining Metro Open
Space bond funds be spent only in existing target areas and only on sites within those
target areas that meet the very limited criteria set forth in this resolution.
Prior to the adoption of this resolution, staff briefed the Council in great detail on all of
the remaining open space acquisition opportunities that we are aware of both in and out
of existing target areas, including Bull Mountain. The Council themselves put together
the language for this resolution following that presentation. Thus, it is now clear that
Metro will not be moving forward in the foreseeable future on acquisitions on Bull
Mountain or other areas outside of the specific target areas identified in the bond
measure.
Staff has identified (and briefed the Council on) about $24 million worth of sites that
would meet the criteria set forth in the resolution. Metro has $12 million remaining for
acquisition of regional sites and already has offers or early "feelers" out on sites in
excess of that amount. We expect the bond funds could be completely spent down
some time around June 30, 2002.
4 Please feel free to call me (797-1843) or Jim Desmond (797-1914) should you have any
questions regarding the foregoing.
H
c A ely,
Q
Charles Ciec , Directo
Regional Parks and Greenspaces
Enclosure
cc: Geoff Roach, The Trust for Public Land
Jim Desmond
Parks/longterm/openspaces/steinilcieckocorresp/Ciecko 8-28-01city tigard.doc
R,,yrred Paper
www.rtrtro-regim.org
TOO 797 1804
BEFORE THE METRO COUNCIL
FOR THE PURPOSE OF MODIFYING THE ) RESOLUTION NO. 01-3106
OPEN SPACES IMPLEMENTATION WORK )
PLAN AND OPEN SPACES ACQUISITION ) Introduced by:
REGIONAL TARGET AREA REFINEMENT ) Mike Burton, Executive Officer
PLANS TO DIRECT FUTURE ACQUISITIONS ) David Bragdon, Presiding Officer
OF PROPERTIES THAT SATISFY SPECIFIC ) Carl Hosticka, Chair of the
IDENTIFIED CRITERIA } Natural Resources Committee
WHEREAS, in May 1995 regional voters approved a $135.6 million Open Spaces, Parks
and Streams bond measure (Measure 26-26); and
WHEREAS, in 1996 the Metro Council approved 21 specific Target Area Refinement
Plans as identified in Exhibit A and hereby incorporated by reference, identifying particular
natural resource-based and related goals and objectives specific to each of the target areas and
trail projects;
WHEREAS, in Resolution No. 95-228A the Metro Council approved an Open Spaces
Implementation Work Plan, as amended by Resolution No. 96-2424, which provide the
framework within which implementation activities for the open spaces bond measure have
proceeded; and
WHEREAS, through wise stewardship of the bond measure funds and in adherence to
the Refinement Plans and Work Plan, Metro has purchased, to date, over 7,100 acres of open
spaces properties in 14 target areas, three greenways and two trails, thus surpassing the 6,000-
acre minimum acquisition goal identified in the 1995 bond measure, and has limited bond
measure funds remaining; and
WHEREAS, due to the "willing seller" nature of the bond measure acquisition program,
some potentially available properties important to fulfilling adopted target area priorities have not
yet been purchased and some minimum acreage goals in certain target areas remain to be met;
and
I:/parks/longtemn/nelsonVresoluti2001/rerinement modify res.doc Resolution 01-3106, page I
WHEREAS, numerous potentially available properties remain that satisfy the Refinement
Plan goals and objectives, the value of which far exceeds the amount of bond funds remaining;
and
WHEREAS, the Metro Council wishes to give further direction to the Executive Officer
and Metro staff in utilizing the remaining bond measure funds in addition to the direction
provided in the Refinement Plans and Work Plan, building on the objective biological,
geophysical and technical criteria set forth therein; and
WHEREAS, Metro Regional Parks and Greenspaces Department and Office of General
Counsel due diligence staff should concentrate its efforts on building upon existing acquisitions
that adhere to and best complete the Refinement Plan stated priorities, focusing on necessary
properties that provide needed or desirable public access points; fill gaps in existing trails,
corridors, and greenways; are large urban properties with important habitat features which
directly support endangered species; or are key remaining parcels adjacent to properties
already in public ownership and which fulfill high priority Refinement Plan objectives; and
WHEREAS, many of the minimum acreage goals set forth in the Refinement Plans have
been met or exceeded, and further acquisitions in these specific target areas are subject to
being authorized on a case by case basis; and
WHEREAS, within existing target areas and parcels that meet the objectives otherwise
set forth in this Resolution, particular emphasis should be given to acquisitions that would either
(a) have a significant financial contribution from a local government or other outside partner; or.
(b) complete or enhance the overall Metro (or other public) ownership in an area recommended
for potential future public access by the citizen Green Ribbon committee, currently reviewing a
list of 30 Metro acquisition parcels and areas; and
WHEREAS, sufficient funds should be reserved for stabilization of newly acquired
properties and other contingencies; now therefore,
BE IT RESOLVED,
I:/parks/longterm/nelsonVresoluti2001/refinement modify res.doc Resolution 01-3106, page 2
1. That the Open Spaces Implementation Work Plan and all specific Target Area
Refinement Plans adopted by Metro Council resolutions are hereby modified as follows:
A. Authorization for the Executive Officer to purchase property without
specific Metro Council approval within delineated Target Areas is further limited to the
acquisition of only such properties that satisfy at least one of the following criteria:
(1) Are located in existing identified gaps in public ownership in
critical wildlife corridors, trails or greenways identified in the bond measure; or
. (2) Are adjacent to existing Metro or other public ownership or
conservation group-owned properties, and are key remaining parcels necessary
to accomplish the assemblage of a regional scale natural area, consistent with
specific Target Area goals and objectives as set forth in existing approved
Refinement Plans for that target area; or
(3) Provide needed or desirable public access points to previously-
acquired parcels; or
(4) Are properties containing no less than sixty (60) acres located
inside the urban growth boundary, containing critical natural habitat features, the
loss of which could negatively impact species that have been listed or are likely
to be listed under the Endangered Species Act in the Metro region; or
(5) Properties that will help achieve, wherever possible, the minimum
acreage goals established in the bond measure for each target area; or
(6) Within existing target areas and parcels that meet the objectives
i otherwise set forth in this Resolution, particular emphasis should be given to
acquisitions that would either (a) have a significant financial contribution from a
local government or other outside partner; or (b) complete or enhance the overall
Metro (or other public) ownership in an area recommended for potential future
1:/parks/longterrn/nelsonVresoluti2001/refinement modify res.doc Resolution 01-3106, page 3
public access by the citizen Green Ribbon committee, currently reviewing a list of
30 Metro acquisition parcels and areas.
B. Furthermore, in addition to all other Work Plan requirements and those
priorities set forth herein, acquisitions in those Target Areas where minimum acreage goals
have already been met, and other Target Areas where acreage goals have been achieved after
the date hereof, may not be completed until after the Metro Council gives formal authorization
for the purchase pursuant to a duly adopted Council resolution. As of the date hereof, the
following are the target areas where minimum acreage goals have been met:
(1) Clear Creek Canyon;
(2) East Buttes/Boring Lava Domes;
(3) Forest Park Expansion;
(4) Sandy River Gorge;
(5) Tonquin Geological Area;
(6) Tryon Creek Linkages;
(7) Tualatin River Access Points;
(8) Willamette Cove; and
(9) Willamette Narrows.
C. The modifications set forth in sections A and B above do not apply to
acquisitions which are already subject to purchase and sale agreements, options, or other
contracts executed and effective as of this date.
i
i 2. The Metro Council states its intention to reserve $1.5 million from the Open
a
Spaces Acquisition Fund for stabilization and other contingencies; therefore no purchases may
be completed that would require depletion of the existing fund balance below the amount of $1.5
s
million without specific Council approval.
!:/parksllongtemVnelsonVresoluti200I/refinement modify res.doc Resolution 01-3106, page 4
ADOPTED by the Metro Council this day of , 2001.
David Bragdon, Presiding Officer
Approved as to Form:
Daniel B. Cooper, General Counsel
I
I:/park-Aongtem-dnelsont/resoluti2001/refinement modify res.doc Resolution 01-3106, page 5
LM
Exhibit A
Resolution 01-3106
Regional Target Area Refinement Plan Resolutions
Metro Council
Target Area Resolution # Approval Date
1. Beaver Creek Canyon Greenway 96-2359 July 11, 1996
2. Canemah Bluff 96-2306 April 11, 1996
3. Clackamas River Greenway 96-2308 April 11, 1996
4. Clear Creek Canyon 96-2332 May 23, 1996
5. Columbia River Shoreline 96-2341 June 13, 1996
6. Cooper Mountain 96-2275A February 15, 1996
7. East Buttes/Boring Lava Domes 96-2361 July 25, 1996
8. Fanno Creek Greenway 96-2331 May 16, 1996
9. Forest Park Expansion 96-2274A February 15, 1996
10. Gales Creek 96-2343 June 27, 1996
11. Jackson Bottom/Dairy/McKay Creeks 96-2342 June 27, 1996
12. Multnomah Channel 96-2357 July 11, 1996
13. Newell Creek Canyon 96-2309 April 11, 1996
14. OMSI to Springwater Corridor 96-2362 July 25, 1996
15. Rock Creek Greenway 96-2301 March 14, 1996
16. Sandy River Gorge 96-2358 July 11, 1996
17. Tonquin Geologic Area 96-2300 March 14, 1996
18. Tryon Creek Linkages 96-2330 May 16, 1996
19. Tualatin River Access Points 96-2299 March 14, 1996
20. Willamette Cove 96-2340 June 13, 1996
21. Willamette Narrows 96-2307 April 11, 1996
1.%longterm%nalsonrvesotu112ODlVRefinement resolutions 09/20/01
Tigard High Leadership
9000 SW Durham Road • Tigard • Oregon • 97224
(503) 431-5518 • FAX (503) 431-5410 • http:1/ths.ttsd.kl2.or.us/leadership/home.html
thsyrez(a,hotmail.com
~ufv0~or .
.3udy lvdtl
® OCTOBER 1OT"s
ent NHS BLOOD DRIVE
h9Atlean L 'MY
. ® OCTOBER 13TH AND 19TH:
YIaD Pra3idnn$
BethapyPlunb PARENT-TEACHER CONFERENCES
®CT®BER 19T~i
Paul Brems_..,
FOOTBALL V5. TUALATIN
AT TUALATIN
S ~F ® OCTOBER 25TH AND 27TN: s
` ordanTurine ANYTHING GOES
Numanltelat~ons ® OCTOBER 31sT'
.13orgm®n HALLOWEEN ROOMS
® NOVEMBER 1 sT, 2"D, AND 3"":
"ANYTHING GOES"
r8?uWld3y.; ".;;;•I:`. ® NOVEMBER 2":
7®aNeNQien' VETERANS DAY ASSEMBLY
bnnl9 Hd4ftn
' 1, }1 0 'f
J
"Together we can succeed...
by connecting the dots. "
THS Leadership '01- '02 Mission Statement
link.
e
AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : October 9, 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.
DAME, ADDRESS & PHONE TOPIC STAFF CONTACTED
J►~ DNS - ooa oFTr~ ~ MKS Nof
r
P^ ~ ~ 1C K A R u 2 N S C 6Z-6 a2 6-0-AK P
105S5 SW 441614C ANN D✓e I N PA2AJ~~E S
VISITOR'S AGENDA Page I
AGENDA ITEM #
FOR AGENDA OF October 9. 2001
MEMORANDUM
CITY OF TIGARD, OREGON
TO: City Council
FROM: Bill Monahan
DATE: October 2, 2001
SUBJECT: COUNCIL CALENDAR, October - December 2001
Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can
proceed and make specific adjustments in the Monthly Council Calendars.
October
*9 Tues Council Meeting - 6:30 p.m.
Study Meeting - Business Meeting
15 Mon Special Meeting with Tualatin City Council - 6-7:30 p.m.
Held at Tualatin City Hall
* 16 Tues Council Workshop Meeting - 6:30 p.m.
* 23 Tues Council Meeting - 6:30 p.m.
Study Meeting - Business Meeting
November
12 Mon Veteran's Day - City Offices Closed
* 13 Tues Council Meeting - 6:30 p.m.
Study Meeting - Business Meeting
* 20 Tues Council Workshop Meeting - 6:30 p.m.
22 & 23 Thurs/Fri Thanksgiving Holiday - City Offices Closed
* 27 Tues Council Meeting - 6:30 p.m.
Study Meeting - Business Meeting
December
*11 Tues Council Meeting - 6:30 p.m.
Study Meeting - Business Meeting
*18 Tues Council Workshop Meeting - 6:30 p.m.
25 Tues Christmas Holiday - City Offices Closed
1 Aadm\cnthy\cou nd1\ccca1.doc
Council Calendar - Page 1
HIRE
6m
Tigard City Council
Tentative Agenda
10115101 -Special Meeting 10/16/01 -Workshop 10/23/01 - Business TV Margaret -Greeter
Due: 1012/01 @ Noon Due: 10/9/01 @ Noon
Workshop Topics Study Session m
1. Senior Center Board - Jt Mtg - Loreen - 30 min Exec Session - Solid Waste -Loreen -10 min
2. WA County Vision West Update -Liz - 30 min
Mtg w Tualatin City Council in Tualatin 3. Model for New Libra & Public Participation °
z
6 - 7:30 p.m., Tualatin City Hall Plan from New Library Construction Comm
Margaret- 20 min Consent Agenda c
4. Communication Plan Update - Liz - 30 min Council Goal Update
5. Renewal of Contribution of Franchise Fees for City County Insurance Contractual Relationship -
PEG Access - Liz-10 min RES - Loreen 0
en ~
6. Internet Policy Discussion - Bill - 20 min Property Acquisition Gaarde St Improvements - @
GusNannie
Business Meeting
Approval Sorg Rhododendron Garden
Designation - RES - o n - min
Clear RRCCR Table for New Library Model Model for New Library & Public Participation
Plan from New Library Construction Comm
Margaret- 20 min
Water Update - BLUE SHEET
Solid Waste Rate Adjustment -
Tom I - 45 min
TMC Update - Public Assemblies (Balloon
Festival)-ORD & RES - Ron -10 min
TMC Update - Truck/Trailer Parking Restrictions -
ORD&RES-Ron-l0 min
TMC Update - Burglary & Robbery Alarm
Systems - ORD & RES - Ron - 10 min
TMC Update - Residency Requirements - Liz -
BLUE SHEET
Law Enforcement Local Block Grant - PH -Ron -
10 min
ll:iadm/greer/tentatv ag/tentative.xis
0
10/2/2001 Page 1
Tigard City Council
Tentative Agenda
11I27101 - Business N -Greeter
-Greeter 11120101 -Workshop
11/13!01- Business N Due: 11/13101 @ Noon
@ Noon
Due: 10130101 @ Noon Due: 1116101 Study session
workshop Topics TMC Update - LCRB - Tom & Tent' - 20 min
Study Session
Sidewalk Maintenance - Howard - 30 min
Sponsorshi Agreements for 4th of Jul , Balloon
Festival, & Broadway Rose- Cathy - 20 min
TSP Adoption Work Session - Julia - 45 min
Tri-Met Action Update - Julia -10 min Consent Agenda
Consent Agenda
Business Meeting
Business Meeting Financing Strateg w WA Square- Jt MI w
TMC Update -Abandoned, Found, Seized & Beaverton Council and County Board of
Stolen Property -Ron & Tim - BLUE SHEET Commissioners -Jim -BLUE SHEET
TMC U date -Cable Communication -Liz &
raig -
New Library Construction Comm Bond
Measure -Margaret -BLUE SHEET
Fanno Creek Ambassadors - Duane - 25 min
oan or o a -
Craig -10 min
1.1adm/greerlte11taty agltentative.xls
° Page 2
10/2/2001
1 mammon
AGENDA ITEM #
FOR AGENDA OF October 9, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A resolution adiusting the fee for the cost of accounting and processing of checks
returned by banking institutions to the City for non-payment.
PREPARED BY: Michelle Wareing DEPT HEAD OK_ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Tigard City Council adjust the fee that is currently charged to customers whose checks are returned by
banks for non-payment?
STAFF RECOMMENDATION
Staff recommends adjusting the current fee of $10.00 per returned check to $20.00 per returned check effective
immediately.
INFORMATION SUMMARY
The City of Tigard receives check payments from customers on a daily basis. The majority of the payments are
processed by the banks with no difficulties. However, some of the checks are returned by the banks due to non-
payment. The City's bank charges a fee for each check that is returned. The City also incurs administrative costs
for processing and collecting on returned checks.
It has been eighteen years since the returned check fee has been adjusted to cover current costs. Through a survey
of surrounding cities, it was determined that fees range from $10.00 to $25.00 per returned check. Tigard
Municipal Codes, Section 3.32 requires that fees and charges be reasonable, recover costs associated with providing
a service, and be approved by resolution. Staff has concluded that a fee of $20.00 per returned check would
provide cost recovery for City staff time and bank fees.
i OTHER ALTERNATIVES CONSIDERED
i
No fee adjustment
i
+ VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
a
Does not apply
s
ATTACHMENT LIST
Resolution adjusting the returned check fee.
MW
h
FISCAL NOTES
Estimated revenue increase of approximately $900 to $1,000 per year.
i
}
AGENDA ITEM # 3. 3
FOR AGENDA OF October 9.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution ap rn oving budget amendment #5 to the FY 2001-02 Budget to transfer
funds to pay an assessment by the League of Oregon Cities for legal costs associated with Owest franchise fees.
PREPARED BY: Craig Prosser DEPT HEAD OK Qst CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City of Tigard contribute $12,607 towards legal costs incurred by the League of Oregon Cities in its
efforts to defend cities' right-of-way management and franchise rights challenged by Qwest Communications Corp.
in the case of Qwest vs. the City of Portland?
STAFF RECOMMENDATION
Approve Budget Amendment #5.
INFORMATION SUMMARY
This summer, Qwest Communications Corp. filed suit against the City of Portland claiming that Portland's
franchise fees violate provisions of the Telecommunications Act of 1996. Qwest also sent letters to 30 cities in
Oregon, including the City of Tigard, informing those cities that Qwest will no longer pay local franchise fees,
pending a resolution of Qwest vs. the City of Portland. In August, Verizon sent the City of Tigard a letter
informing the City that it was paying its scheduled franchise fees under protest and that it would request a
refund should Qwest prove successful in its suit.
The City of Tigard budgeted to receive $420,240 in franchise fees from Qwest, Verizon, and all other
telecommunications providers. Telecommunications companies represent the second largest source of franchise
fee revenues to the City of Tigard. (Electricity fees are the largest source.) The City anticipates a total of $2.3
million in franchise fees from all utilities in FY 2001-02.
If Qwest is successful in its suit against Portland, this could result in a drastic limiting (if not total elimination)
of franchise fees paid by all telecommunications companies to cities.
City Attorneys from cities across the state have been working with the League of Oregon Cities (LOC) on this
issue. Together, they have determined that six additional cities should intervene in Qwest vs. the City of
Portland. The six intervening cities are Happy Valley, Keizer, North Plains, Pendleton, Redmond, and Salem.
LOC has retained legal counsel to represent the intervening cities and the interests of all cities in Oregon. LOC
is requesting a voluntary payment from all cities equal to 3% of their anticipated revenue from
telecommunication franchises. For the City of Tigard, this contribution would be $12,607. This payment was
not anticipated in the FY 2001-02 budget.
This is a crucial issue for Tigard and all cities in Oregon. The city attorneys working with LOC feel that
Qwest's case is resting oil a faulty interpretation of the Telecommunications Act of 1996 and a faulty
interpretation of a case in the State of Washington (Auburn vs. Qwest).
This resolution amends the FY 2001-02 City of Tigard Budget to transfer $12,607 from the General Fund
Contingency to the Policy and Administration Program to allow payment of Tigard's assessment.
OTHER ALTERNATIVES CONSIDERED
Do not authorize this payment. The lawsuit and LOC's defense of the rights of cities will proceed, but other
cities in Oregon would have to pick up Tigard's share of these legal costs.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Resolution
FISCAL NOTES
This resolution transfers $12,607 from the General Fund Contingency.
AGENDA ITEM # ~I
FOR AGENDA OF October 9, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution approvina Budget Amendment #6 to the FY 2001-02 Budget to
transfer funds from contingency to make a contribution to Community Partners for Affordable Housing for the
Village at Washington Square project.
PREPARED BY: Craig Prosser DEPT HEAD OK^ CITY MGR OK_
ISSUE BEFORE THE COUNCIL
Should the City of Tigard contribute $8,000 to Community Partners for Affordable Housing to offset increased
parks SDC fees for the Village at Washington Square project?
STAFF RECOMMENDATION
Approve Budget Amendment #6.
INFORMATION SUMMARY
Community Partners for Affordable Housing (CPAH) owns and operates low income housing within the City of
Tigard. CPAH is in the process of building an additional affordable housing project, to be known as the Village at
Washington Square. That project has been charged and has paid for various building and development fees,
including Systems Development Charges (SDC).
On April 10, 2001, the City of Tigard increased the Parks SDC. The increased parks SDC fee cost CPAH an
additional $8,000. CPAH had not anticipated this increased fee in the Village at Washington Square pro forma.
This increase, therefore, created difficulties for the project.
The City of Tigard Vision Statement and Council Goals include encouragement of affordable housing within the
City. The efforts of CPAH and other affordable housing organizations help the City to achieve these goals.
OTHER ALTERNATIVES CONSIDERED
3
Do not offset fees.
a
i VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth & Growth Management, Goal #3 - Partnerships for advocacy and preservation of affordable housing are
s encouraged and supported by the City and the community.
ATTACHMENT LIST
Resolution
FISCAL NOTES
The Resolution transfers $8,000 from General Fund contingency to make this payment.
Y
1
AGENDA ITEM # 3, 5
FOR AGENDA OF October 9.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Approve Resolution Revising the Procedure to Grant City Sponsorship to
Community Events and Replacing Resolution No. 00-01
PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Council approve a resolution that revises the procedure to grant City sponsorship to community events
and replaces Resolution No. 00-01.
STAFF RECOMMENDATION
Adopt the proposed resolution.
INFORMATION SUMMARY
On May 8, 2001, the City Council reviewed a draft resolution to revise the procedure to grant City sponsorship to
community events. This resolution would replace Resolution No. 00-01. Council did not indicate concerns or
issues with the resolution that defined the procedure for sponsored community events. However, Council directed
staff to tailor the agreements to each of the events' needs and concerns. Therefore, the item before City Council at
this time is only for the approval of the revised procedure to grant City sponsorship to community events. City
Recorder Cathy Wheatley is working with each of the three event organizers to draft agreements (based on a
standardized agreement). These three draft agreements will be presented to the City Council for review and
discussion at its November 20, 2001, workshop meeting. For additional detail, please see the attached
memorandum from Ms. Wheatley.
OTHER ALTERNATIVES CONSIDERED
Modify the proposed resolution or agreement form.
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
1. Memorandum from City Recorder Cathy Wheatley dated September 25, 2001
2. Proposed Resolution with Attachments A (City Sponsorship of Cultural Events) and Attachment B
(Sponsorship Agreement)
3. Resolution No. 00-01
FISCAL NOTES
N/A
I:ADM\CATHY\EVENTSGSPONSORISPONSOR - GENERAL - 10-9-01.1130C
MEMORANDUM
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder
RE: City Sponsorship - Community Events
DATE: September 25, 2001
Attached is a proposed resolution to update the procedure to grant City sponsorship to
Community Events and replacing Resolution No. 00-01.
Individual sponsorship agreements will be reviewed with the event organizers for the 4t'
of July, Balloon Festival and Broadway Rose Theatre Company and submitted to the
City Council for final approval prior to the release of funds for this upcoming fiscal year.
The 4t' of July, Inc. has submitted proposed changes to the "boilerplate" language to the
agreement and enacting resolution. A similar review will be done for the Broadway
Rose and the Balloon Festival Agreements. Draft agreements for the three currently
designated sponsored events will be scheduled for Council review, discussion and
approval at the City Council workshop meeting of November 20, 2001.
I:\ADM\CATHY\EVENTS\SPONSORIMEMO - COUNCIL PACKET INFO FOR 10-8-01.DOC
I
I
CITY OF TIGARD, OREGON
RESOLUTION NO.00-01
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 day of 2000.
-M-ayerr-C-i" -%afd
Council President, City of Tigard
ATTEST:
tit UV
City Recorder - City of Tigard
RESOLUTION NO. 00- D1
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 funding amount. 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. Non-sponsored events may be considered for funding during the City's annual budget process on
a year-to-year basis.
RESOLUTION NO. 00--
Page 2
8111111 11MEs- IBM
AGENDA ITEM #
FOR AGENDA OF October 9.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Consideration of an amendment to the franchise agreement granted to AT&T (TCI)
PREPARED BY: Liz Newton IQ~~ DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Council approve an amendment to the franchise agreement with AT&T (TCI) extending the deadline
for construction of the required system upgrade for 6 months?
STAFF RECOMMENDATION
Adopt the attached resolution approving an amendment to the franchise agreement with AT&T (TCI) extending the
deadline for construction of the required system upgrade for 6 months.
INFORMATION SUMMARY
The MACC member jurisdictions granted TCI of Tualatin Valley Inc., whose parent is now AT&T Corporation, a
nonexclusive fifteen-year franchise on February 1, 1999. That franchise requires AT&T to complete the upgrade of
both the residential cable system and the Public Communications Network (PCN) by no later than January 31,
2002. Currently, AT&T has upgraded approximately 40% of the MACC system including almost all of Beaverton,
Aloha, and portions of Hillsboro.
In January 2001, AT&T began slowing its upgrade construction and further notified MACC in February that all
upgrade construction had stopped. At that time, AT&T representatives began informal discussions with MACC
staff about an extension of the upgrade deadline.
In June 2001, the MACC Board formally authorized MACC staff to negotiate an Upgrade Extension Agreement
(Agreement). The final Agreement with AT&T was presented to the Board at the August 22 meeting and following
a public hearing, the MACC Board voted to forward their recommendation to the jurisdictions.
This Agreement requires an amendment to our franchise with AT&T and must be passed by all MACC member
jurisdictions in order to become effective. If any of the MACC jurisdictions do not approve the agreement, it would
be defeated for all the jurisdictions. MACC staff and consultants do not believe that AT&T will complete the
upgrade of the residential cable system by the current January 31, 2002, deadline.
Attached is a memo that summarizes the reasons the extension was requested by AT&T and the increased penalties
MACC will impose on AT&T if the new deadlines are not met. Also attached is a resolution with attachments that,
if approved, would grant the extension. In addition, staff has included a two-page "Question and Answer" prepared
by MACC staff.
Isom
OTHER ALTERNATIVES CONSIDERED
Deny the resolution to extend the deadline for construction of the system upgrade.
Delay action on the resolution to extend the deadline for construction of the system upgrade.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Memo from Liz Newton summarizing the issue.
Resolution to approve the franchise amendment.
Exhibit "A" to the resolution - the Upgrade Extension Agreement with Attachments A, B, and C.
Upgrade Extension Agreement "Questions and Answers" prepared by MACC staff.
FISCAL NOTES
None.
I:V1D=r Y COUNCILICOUNCIL AGENDA REM SUMMARIES1ATr FRANCHISE AMENDMENTMOC
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council Members
FROM: Liz Newton, Assistant to the City Manager t j/
DATE: September 21, 2001
SUBJECT: AT&T Upgrade Extension Request
Background
The MACC member jurisdictions granted TCI of Tualatin Valley Inc., whose parent is now
AT&T Corporation, a nonexclusive fifteen-year franchise on February 1, 1999. That
franchise requires AT&T to complete the upgrade of both the residential cable system and
the Public Communications Network (PCN) by no later than January 31, 2002. Following
the grant of the franchise, AT&T began upgrading the system starting from their head end
in Beaverton and heading west towards Hillsboro. Currently, AT&T has upgraded
approximately 40% of the MACC system including almost all of Beaverton, Aloha, and
portions of Hillsboro.
In January 2001, AT&T began slowing its upgrade construction and further notified MACC
in February that all upgrade construction had stopped. According to AT&T, construction
stopped due to severe financial problems experienced by the company (and other
telecommunications providers) as a result of the downturn of the economy, and a
significant drop in AT&T stock value. At that time, AT&T representatives began informal
discussions with MACC staff about an extension of the upgrade deadline.
In June 2001, the MACC Board formally authorized MACC staff to negotiate an Upgrade
Extension Agreement (Agreement). The final Agreement with AT&T was presented to the
Board at the August 22 meeting and following a public hearing, the MACC Board voted to
forward their recommendation to the jurisdictions.
This Agreement requires an amendment to our franchise with AT&T and must be passed
by all MACC member jurisdictions in order to become effective. If all jurisdictions approve,
the amendment will become effective when AT&T fulfills the acceptance requirements
listed in the ordinance. AT&T would:
Have until July 31, 2002, to complete the actual upgrade construction on the
residential cable system;
qTI0333VJSROEPTS'ADMLZ%TELECOMMNTT UPGRADE EXTENSION REOUEST.DOC Pape 1 o12
OW21N1
■ Be required to complete this upgrade on a prescribed timeline based on
numbers of homes passed;
■ Cooperate with MACC's efforts to audit and certify the upgrade;
■ Face significant fines and remedies if they fail to complete the requirements of
this agreement, including the potential for a reduction in the term of their
franchise, as well as post a $2 million letter of credit and a $12 million
performance bond;
■ Provide additional benefits to non-upgraded subscribers, including a monthly
credit, rate freeze, and pay-per-view coupons;
■ Complete the upgrade of the PCN on schedule January 31, 2002.
If any of the MACC jurisdictions do not approve the Agreement, it would be defeated for all
the jurisdictions. MACC.staff and consultants do not believe that AT&T will complete the
upgrade of the residential cable system by the January 31, 2002, deadline. MACC would
impose $2,000 per day fines until both upgrades are completed. AT&T would have little
incentive to complete the upgrades, and subscribers and PCN users would have little
certainty as to when the upgrades would be completed.
gTIO:VTUSROEPTSNDMUZTEIECOAUMTT UPGRADE EXTENSION REOUEST.DOC P820 2 01 2
O IMI
i
AGENDA ITEM #
FOR AGENDA OF October 9, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Annrove Resolution Setting Policy on Per Diem Allowances for the City Council
and Executive Staff When Attending Natio al Conferences
PREPARED BY: Cathy Wheat U DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council approve a resolution that sets policy on per diem allowances for the City Council and
Executive Staff when attending national conferences.
STAFF RECOMMENDATION
Adopt the proposed resolution.
INFORMATION SUMMARY
The purpose of the proposed resolution is to identify and provide guidelines with regard to expenditures incurred by
the City Council and Executive Staff members while attending national conferences. In addition, these guidelines
are intended to provide City Council and Executive staff members, who incur authorized business expenses for
travel, subsistence, and related expenses while attending national conferences, a reasonable method for payment of
necessary expenses.
In the research of this issue, per diem rates from other jurisdictions ranged $30 - $38 for meals only. The proposed
resolution recommends a per diem rate of $40 per day, which is also to cover all incidental expenses including bus,
taxi, tolls, parking, ferry, belhnan, tips for services, and the like. No receipts would be required.
There may be tax implications for per diem payments where receipts are not kept (Form 1099). Staff is researching
this question and has offered an option in the proposed resolution for the City Council to consider. The option
would be for reimbursement (up to $40 per day) upon. presen+tatio. of receipts for business expenses incurred for
travel, subsistence and related expenses.
OTHER ALTERNATIVES CONSIDERED
Modify the proposed resolution.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
1. Proposed Resolution.
FISCAL NOTES
Expenditures would be capped at $40 per day for meals and incidental expenses (not including registration and
lodging) for any City Council or Executive Staff member attending a national conference.
I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIEMPER DIEM.COM.DOC
CITY OF TIGARD, OREGON
RESOLUTION NO. 01-
A RESOLUTION SETTING POLICY ON PER DIEM ALLOWANCES FOR THE CITY COUNCIL
AND EXECUTIVE STAFF WHEN ATTENDING NATIONAL CONFERENCES
WHEREAS, the purpose of this resolution is to identify and provide guidelines with regard to expenditures
incurred by the City Council and Executive Staff members while attending national conferences; and
WHEREAS, the policy stated herein is intended to provide a reasonable method for payment of necessary
expenses incurred by City Council and Executive Staff members while attending national conferences.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Option 1 - A per diem amount will be allowed for City Council and Executive Staff
members attending national conferences in the amount of $40 per day, including travel
days. Said amount is to pay for authorized business expenses relating to travel,
subsistence, and incidental expenses including bellman, tips for services and the like.
No receipts are required.
SECTION 2: Option 2 - If a per diem amount is not requested by a City Council or Executive Staff
Member who instead chooses to keep a record and supply receipts of expenditures, a
limit of $40 per day for such expenses shall be imposed while attending a national
conference. Any advanced funds that were not expended or supported by receipts shall
be returned to the City. If a receipt is not readily available for incidental expenses that
are less $10, (including bellman, tips for services and the like) then documentation can
be provided by the City Council or Executive Staff member and allowed as an expense
to be paid by the City.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of 2001.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
I:WDMIRESOLUTIONSTER DIEMMOC
RESOLUTION NO.01-_
Page 1
a
AGENDA ITEM # 3 a.
FOR AGENDA OF October 9.2001
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Approve Awarding a Personal Services Contract to Precision Graphics for
Ci scapg Newsletter Printing Services
PREPARED BY: Cathy Wheatley DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Local Contract Review Board approve the award of a personal services contract for Cityscape
newsletter printing services to Precision Graphics.
STAFF RECOMMENDATION
Approve the award of a personal services contract for Cityscape newsletter printing services to Precision Graphics
for one year unless otherwise terminated or renewed up to four (4) additional twelve-month periods.
INFORMATION SUMMARY
Attached is a memorandum describing the rationale for the recommendation of the award of a personal services
contract to Precision Graphics to print the Cityscape newsletter. City Recorder Cathy Wheatley is the editor of the
Cityscape and, as one of her goals, she was assigned the task to redesign the Cityscape format. Requests for
proposals were solicited so that additional color and photographs could be added for potential redesign
recommendations. Proposed redesign options will be discussed with the City Council before implementation.
OTHER ALTERNATIVES CONSIDERED
Provide additional direction/ideas for redesign of the Cityscape.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character & Quality of Life - Communication: "Citizen involvement opportunities will be maximized
by providing educational programs on process, assuring accessibility to information in a variety of formats..."
ATTACHMENT LIST
1. Memorandum from City Recorder Cathy Wheatley dated September 27, 2001.
2. A chart showing the bid results from all four proposals.
3. Draft Personal Services Contract with the "RFP-To Provide Printing Services for the City's
Newsletter" attached to the contract.
FISCAL NOTES
Funds budgeted this fiscal year for Cityscape printing totaled $30,600. Costs for printing Cityscape newsletters
so far this fiscal year amounted to $7,737. Therefore $22,863 remains for printing costs.
If the contract is awarded to Precision Graphics, there will be sufficient funding to add photographs and one
more color for the remaining issues to be produced this fiscal year if we keep the Cityscape to eight pages.
Because we do not plan to implement a redesign until the January issue at the earliest, we would have enough
funds to print two issues (November & December) in our current format, add another color to all remaining
issues in the fiscal year and also print one twelve-page, two-color issue.
IAADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\CITYSCAPE 10-01.DOC
Attachment 1
MEMORANDUM
TO: City of Tigard Local Contract Review Board
FROM: Cathy Wheatley, City Recorder
RE: Award of Personal Services Contract - Cityscape
DATE: September 27, 2001
Attached is information displaying the quotes received in response to the City's recent
request for proposals for Cityscape printing. City Buyer Terry Muralt and City Recorder
& Cityscape Editor Cathy Wheatley reviewed the request for quotes and recommend
that Precision Graphics be selected to provide printing services for the next five years
Interested parties were asked to provide cost information to allow the City several
options for producing the newsletter as we look to revise and improve the monthly
communication to Tigard residents to include photographs and may include use of color.
In addition to price, proposals were rated on references, ability to meet the deadlines,
and quality/dependability. References were checked for American Eagle Graphics and
Precision Graphics. Two other proposals were received (see attached chart); however,
they were not considered as finalists because the pricing quotes were significantly
higher than American Eagle Graphics and Precision Graphics.
Here is the rating sheet for American Eagle Graphics and Precision Graphics:
Criteria/Maximum Points American Eagle Graphics Precision Graphics
References/35 30 35
Deadlines/25 20 25
Price/20 7 12
Qualit /De endabilit /20 15 18
Total 72 90
References Quality and Dependability: Precision Graphics references advised that
Precision staff was responsive, pleasant to work with, punctual, thorough and the
quality of the product was "good," "great," and "fine." American Eagle Graphics also
had good references; however, American has been the City's vendor for the Cityscape
for the past two years. We have experienced some problems working with American
Eagle when we were billed incorrect amounts (not per contract). In addition, last year
American Eagle informed us they were going to increase our rates by more than $1200
per issue (month) for an 8-page issue, which is the size we most often print. Price
increases were also noted for a 12-page and 16-page edition. We advised this was not
acceptable and relied on contract language to advise American Eagle we were giving
notice that we would go out for proposals if they charged this new rate. American Eagle
decided to honor the terms of the contract and we have had no problems, however, the
billing continues to be inaccurate. The City pays the amount specified in the contract.
Deadlines: Both American and Precision indicated they could meet the deadlines as
specified in the request for proposal. The City's experience with American Eagle is that
they missed a deadline for one Cityscape because of staffing problems, which resulted
in the Cityscape being delivered to residents several days late (after the start of the
month.)
Price: Points were awarded on the basis that Precision Graphics submitted the lowest
price quotes for six out of ten categories, including the 8-page newsletter, which is the
size newsletter we most often print at this time.
I:\ADM\CATHY\CITYSCAP\M EMO 10-8-01.1130C
Will
Attachment 2
Bid Results
City of Tigard
RFP - Printing Services for the City Newsletter
Closed: 9/21/01 at 3:00 PM
Vendor No. of Pages Price for Price for Price for Photo's
1 color 2 colors 4 colors Price/unit
Millennium Graphics & 8 page $3,875.00 $5,875.00 $7,175.00 $10.00 each
Forms
12 page $3,975.00 $5,975.00 $7,375.00
16 page $5,075.00 $7,375.00 $9,175.00
Vendor No. of Pages Price for Price for Price for Photo's
1 color 2 colors 4 colors Price/unit
Precision Graphics 8 page $2,019.47 $2,352.95 $3,880.79 $27.00ea
Low Bid Low Bid Low Bid Low Bid B&W ($15.00
ea if on disk
12 a e $3,522.79 $4,050.28 $6,453.67
16 page $3,720.68 $4,463.34 $8,123.96
Low Bid Low Bid Low Bid I ow Bid
Vendor No. of Pages Price for Price for Price for Photo's
1 color 2 colors 4 colors Price/unit
American Eagle Graphics 8 page $2,106.00 $2,520.00 $4,116.00 $8.00 each
Low Bid
12 page $3,144.00 $3,765.00 06,159.00
Low Bid Low Bid Low Bid Low Bid
16 a e $4,132.00 $4,960.00 $8,152.00
Vendor No. of Pages Price for Price for Price for Photo's
1 color 2 colors 4 colors Price/unit
Michaels Printing 8 page $4,396.00 $4,698.00 $6,170.00 $9.00 each
12 page $6,197.00 $6,648.00 $8,856.00
16 page $7,193.00 $7,715.00 $10,478.00
I:V\DM\CATHY\CITYSCAP\CITYSCAPE BID RESULTS.DOC
P
i
Attachment 3
CITY OF T'IGARD, OREGON
PERSONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this 9th day of October, 2001 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Precision
Graphics, hereinafter called CONTRACTOR.
RECITALS
CITY has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by CONTRACTOR, and
City has determined that Precision Graphics is qualified and capable of performing the professional
services as CITY does hereinafter require, under those terms and conditions set forth:
AGREEMENT: The parties agree as follows:
1. SERVICES TO BE PROVIDED:
CONTRACTOR shall initiate services immediately upon receipt of CITY'S notice to proceed,
together with an executed copy of this Agreement. CONTRACTOR agrees to complete work that
is detailed in Exhibit "A" and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended, on October 8, 2002 unless otherwise terminated or renewed up
to four (4) additional twelve-month periods. All work under this Agreement shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION:
CITY agrees to pay CONTRACTOR for performance of those services described in the following
table for 24,000 copies of the Cityscape newsletter:
r~
Vendor No. of Pages Price for Price for Price for Photo's
I color 2 colors 4 colors Price/unit
Precision Graphics 8 page $2,019.47 $2,352.95 $3,880.79 $27.00ea
B&W
12 page $3,522.79 $4,050.28 $6,453.67
16 page $3,720.68 $4,463.34 $8,123.96
Personal Services Contract (form updated 8/13/01) Page I
Payment shall be based upon the following applicable terms:
a. Payment by CITY to CONTRACTOR for performance of services under this Agreement
includes all expenses incurred by CONTRACTOR, with the exception of expenses, if any
identified in this Agreement as separately reimbursable.
b. Payment will be made in installments based on CON'IXACTOR'S invoice, subject to the
approval of the City Manager, and not more frequently than monthly. Payment shall be
made only for work actually completed as of the date of invoice.
C. Payment by CITY shall release CITY from any further obligation for payment to
CONTRACTOR, for services performed or expenses incurred as of the date of the invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
d. CONTRACTOR shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
e. CONTRACTOR shall not permit any lien or claim to be filed or prosecuted against the
CITY on any account of any labor or material furnished.
f. CONTRACTOR shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
g. If CONTRACTOR fails, neglects or refuses to make prompt payment of any claim for
labor or services furnished to CONTRACTOR or a subcontractor by any person as such
claim becomes due, CITY'S Finance Director may pay such claim and charge the amount
of the payment against funds due or to become due the CONTRACTOR. The payment of
the claim in this manner shall not relieve CONTRACTOR or their surety from obligation
with respect to any unpaid claims.
h. CONTRACTOR shall pay employees at least time and a half pay for all overtime worked
in excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
i. CONTRACTOR shall promptly, as due, make payment to any person, co-partnership,
i association or corporation, furnishing medical, surgical and hospital care or other needed
care and attention incident to sickness or injury to the employees of CONTRACTOR or all
sums which CONTRACTOR agrees to pay for such services and all moneys and sums
I which CONTRACTOR collected or deducted from the wages of employees pursuant to
any law, contract or agreement for the purpose of providing or paying for such service.
Personal Services Contract (form updated 8/13/01) Page 2
a
j. The CITY certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
4. OWNERSHIP OF WORK PRODUCT:
CITY shall be the owner of and shall be entitled to possession of any and all work products of
CONTRACTOR which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by CONTRACTOR
prior to termination of this Agreement by CONTRACTOR or upon completion of the work
pursuant to this Agreement.
5. ASSIGNMENTMELEGATION:
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If CITY agrees to assignment of tasks to a
subcontract, CONTRACTOR shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by CITY of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and CITY.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR:
CONTRACTOR certifies that:
a. CONTRACTOR acknowledges that for all purposes related to this Agreement,
CONTRACTOR is and shall be deemed to be an independent contractor as defined by
ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to
which an employee of CITY is entitled and shall be solely responsible for all payments and
taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court
of law or any administrative agency to be an employee of CITY for any purpose, CITY
shall be entitled to offset compensation due, or to demand repayment of any amounts paid
to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or
+h-r.-ern lerar;^n CONTRACTOR receives (from CITY or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
CONTRACTOR or to a third party) as a result of said finding.
b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any
partnership or corporation in which a CITY employee has an interest, has or will receive
any remuneration of any description from CONTRACTOR, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or
she is not currently employed by the Federal Government and the amount charged does
not exceed his or her normal charge for the type of service provided.
Personal Services Contract (form updated 8/13/01) Page 3
CONTRACTOR and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
C. CONTRACTOR certifies that it currently has a CITY business license or will obtain one
prior to delivering services under this Agreement.
d. CONTRACTOR is not an officer, employee, or agent of the CITY as those terms are used
in ORS 30.265.
7. INDEMNIFICATION:
CITY has relied upon the professional ability and training of CONTRACTOR as a material
inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be
performed in accordance with generally accepted professional practices and standards as well as
the requirements of applicable federal, state and local laws, it being understood that acceptance of
a contractor's work by CITY shall not operate as a waiver or release.
CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and
hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments
or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal
level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity
which in any way arise from, during or in connection with the performance of the work described
in this contract, except liability arising out of the scle negligence of the CITY and its employees.
Such indemnification shall also cover claims brought against the CITY under state or federal
worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder
of this indemnification.
8. INSURANCE:
CONTRACTOR and its subcontractors shall maintain insurance acceptable to CITY in full force
and effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of CO1V 1 RAC T OR'j activities or work here'und2r, 11irig +01-le opel-aficns of its
subcontractors of any tier.
The policy or policies of insurance maintained by the CONTRACTOR and its subcontractor shall
provide at least the following limits and coverages:
a. Commercial General Liability Insurance
CONTRACTOR shall obtain, at contractor's expense, and keep in effect during the
term of this contract, Comprehensive General Liability Insurance covering Bodily
Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This
coverage shall include Contractual Liability insurance for the indemnity provided under
this contract. The following insurance will be carried:
Personal Services Contract (form updated 8/13/01) Page 4
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
Employers Liability 500,000
b. Commercial Automobile Insurance
CONTRACTOR shall also obtain, at contractor's expense, and keep in effect during the
term of the contract, 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.
C. Workers' Compensation Insurance
The CONTRACTOR, its subcontractors, if any, and all employers providing work,
labor or materials under this Contract that are either subject employers under the
Oregon Workers' Compensation Law and shall comply with ORS 656.017, which
requires them to provide workers' compensation coverage that satisfies Oregon law for
all their subject workers or employers that are exempt under ORS 656.126. Out-of-state
employers must provide Oregon workers' compensation coverage for their workers who
work at a single location within Oregon for more than 30 days in a calendar year.
Contractors who perform work without the assistance or labor of any employee need
not obtain such coverage. This shall include Employer's Liability Insurance with
coverage limits of not less than $500,000 each accident.
d. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance
policies and other policies the CITY deems necessary shall include the CITY, its
officers, directors, and employees as additional insureds with respect to this contract.
e M-tiCe _,1Celln`t;r%
L\VIAVV ya .+f Cauvv~a
There shall be no cancellation, material change, exhaustion of aggregate limits or intent
not to renew insurance coverage without 30 days written notice to the CITY. Any
failure to comply with this provision will not affect the insurance coverage provided to
the CITY. The 30 days notice of cancellation provision shall be physically endorsed on
to the policy.
f. Insurance Carrier Rating
Coverages provided by the CONTRACTOR must be underwritten by an insurance
company deemed acceptable by the CITY. The CITY reserves the right to reject all or
any insurance carrier(s) with an unacceptable financial rating.
Personal Services Contract (form updated 8/13/01) Page 5
glu-
g. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the CONTRACTOR
shall furnish a Certificate of Insurance to the CITY. No contract shall be effected until
the required certificates have been received and approved by the CITY. The certificate
will specify and document all provisions within this contract. A renewal certificate will
be sent to the above address 10 days prior to coverage expiration.
h. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. CONTRACTOR is not an officer, employee or agent of the CITY as those
terms are used in ORS 30.265.
i. Primary Coverage Clarification
The parties agree that CONTRACTOR'S coverage shall be primary to the extent
permitted by law. The parties farther agree that other insurance maintained by the
CITY is excess and not contributory insurance with the insurance required in this
section.
j. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution and errors and omissions policies required by
this contract.
CONTRACTOR'S insurance policy shall contain provisions that such policies shall not be
canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. A copy
ui each insurance policy, certified as a true copy by an authorized representative of the issuing
insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory
to CITY certifying to the issuance of such insurance shall be forwarded to:
Teary Muralt, Buyer
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work.
The procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Notwithstanding said insurance, CONTRACTOR shall be obligated for the total
amount of any damage, injury, or loss caused by negligence or neglect connected with this
contract.
9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS.
All notices, bills and payments shall be made in writing and may be given by personal delivery,
mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses shall be used to transmit notices, bills, payments, and other information:
Personal Services Contract (form updated 8/13/01) Page 6
Lo EA
CITY OF TIGARD Business Phone: 503-639-4171 Ext. 324
Terry Muralt, Buyer Business Fax: 503-639-1471
13125 SW Hall Blvd. Email Address: terry@ci.tigard.or.us
Tigard, Oregon 97223
CONTRACTOR
Precision Graphics Business Phone: 503-692-1000
9254 SW Tualatin-Sherwood Road Business Fax: 503--692-6681
Tualatin, OR 97062
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving written notice pursuant to this paragraph.
10. MERGER:
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
11. PROFESSIONAL SERVICES:
The CITY requires that services provided pursuant to this agreement shall be provided to the
CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY
interests. Further, CONTRACTOR shall not engage services of an attorney and/or other
professional who individually, or through members of his/her same firm, represents clients on
matters contrary to CITY interests.
Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the
services on an attorney and/or other professional who individually, or through members of his/her
same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult
with the appropriate CITY representative regarding the conflict.
After such consultation, the CONTRACTOR shall have 30 days to eliminate the conflict to the
satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (b - iii) of this agreement.
12. TERMINATION WITHOUT CAUSE:
At any time and without cause, CITY shall have the right in its sole discretion, to terminate this
Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this
paragraph, it shall pay CONTRACTOR for services rendered to the date of termination.
13. TERMINATION WITH CAUSE:
Personal Services Contract (form updated 8/13/01) Page 7
a. CITY may terminate this Agreement effective upon delivery of written notice to
CONTRACTOR, or at such later date as may be established by CITY, under any of the
following conditions:
i. If CITY funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement.
iii. If any license or certificate required by law or regulation to be held by
CONTRACTOR, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not renewed.
iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against CONTRACTOR, if a receiver or trustee is
appointed for CONTRACTOR, or if there is an assignment for the benefit of
creditors of CONTRACTOR.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may
terminate the whole or any part of this Agreement:
i. If CONTRACTOR fails to provide services called for by this agreement within the
time specified herein or any extension thereof, or
ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from CITY, fails to
correct such failures within ten (10) days or such other period as CITY may
authorize.
iii. If CONTRACTOR fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of CITY provided in the above clause related to defaults (including
breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If CITY terminates this Agreement under paragraph (b), CONTRACTOR shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an amount
which bears the same ratio to the total fees specified in this Agreement as the services
satisfactorily rendered by CONTRACTOR bear to the total services otherwise required to be
Personal Services Contract (form updated 8/13/01) Page 8
performed for such total fee; provided, that there shall be deducted from such amount the amount
of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages
for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney
fees, and other costs of litigation at trial and upon appeal.
14. ACCESS TO RECORDS:
CITY shall have access to such books, documents, papers and records of CONTRACTOR as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
15. FORCE MAJEURE:
Neither CITY nor CONTRACTOR shall be considered in default because of any delays in
completion and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of God or
of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction,
area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies
due to such cause; provided that the parties so disenabled shall within ten (10) days from the
beginning of such delay, notify the other party in writing of the cause of delay and its probable
extent. Such notification shall not be the basis for a claim for additional compensation. Each
party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or
default and shall, upon cessation of the cause, diligently pursue performance of its obligation
under the Agreement.
16. NON-WAIVER:
The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the
terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver
or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any
future occasion.
17. NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statues; rules; and regulations. CONTRACTOR also shall comply with the
Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative
rules established pursuant to those laws.
18. ERRORS:
CONTRACTOR shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
Personal Services Contract (form updated 8113101) Page 9
19. EXTRA (CHANGES) WORK:
Only the City Recorder may authorize extra (and/or changes) work. Failure of CONTRACTOR to
secure authorization for extra work shall constitute a waiver of all right to adjustment in the
contract price or contract time due to such unauthorized extra work and CONTRACTOR
thereafter shall be entitled to no compensation whatsoever for the performance of such work.
20. WARRANTIES:
All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final
acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from
liability under warranties contained in or implied by this Agreement.
21. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that
the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court
costs, including attorney's fees and court costs on appeal.
22. GOVERNING LAW:
The provisions of this Agreement shall be construed in accordance with the provisions of the laws
of the State of Oregon. Any action or suits involving any question arising under this Agreement
must be brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH APPLICABLE LAW:
CONTRACTOR shall comply with all federal, state, and local laws and ordinances applicable to
the work under this Agreement, including those set forth in ORS 279.310 to 279.320.
24. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the con act, this imtr Ijnent shall control
and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
i
i 25. AUDIT:
CONTRACTOR shall maintain records to assure conformance with the terms and conditions of
f this Agreement, and to assure adequate performance and accurate expenditures within the contract
period. CONTRACTOR agrees to permit CITY, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
Personal Services Contract (form updated 8/13/01) Page 10
26. SE'VERABILITY:
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by
any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
27. COMPLETE AGREEMENT:
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall
be effective only in specific instances and fbr the specific purpose given. There are no
understandings, agreements, or representations, oral or written, not specified herein regarding this
Agreement. CONTRACTOR, by the signature of its authorized representative, hereby
acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms
and conditions.
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized
undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove
first written.
CITY OF TIGARD
By: William A. Monahan, City Manager Date
Approved by Cdy of Te d -cxae Conk-rrC+ 'Rev,ev ace Id, /o/c
CONTRACTOR-- PRECISION GRAPHICS
By: Date
11TIG3331USR1DEPTSI4DMICATHYICITYSCAP(PERSONAL SERVICES CONTRACT.DOC
Personal Services Contract (form updated 8/13/01) Page I 1
0111
CITY OF TIGARD
RFP - TO PROV I DE PRI NTI NG SERV I CES
FOR THE CITY'S NEWSL ETTER
I . I NTRODUCTI ON
The City of Tigard is requesting proposals from firms interested in provid rig printing services for the
City's Newsletter. The "City' is a City newsletter issued once a month to Tigard area residents,
Any proposals received will be held in confidence until the Local Contract Review Board has approved a
r dation for award. The City shall be the sole judge in determining mad of any contract and
reserves the right to reject al l proposal s`
This RFP oontai nsthe i nstructions govern ng the proposal to be submitted and the mderial to be ind uded
therein, rnandatcxy requirements, which must be rriet to be eligible for oorisideration, contractor's
responsibilities dud rig the term of the contract, and other requi rements to be met by each proposal.
11. PROPOSED TI M EL I NES
September 13, 2001 Advertisement and Release of Proposal s
September 21, 2001 Deadl i ne for Submi scion of Proposal s
October 9, 2001 Awad of Contract by Local Contract Review Board
October 15, 2001 Commencement of Services
NOTE: The City reserves the right to modify this schedule at the Qty's discretion. Proper
notification of changes in the will bemadeto all interested parties.
III. SCOPE OF SERVICE
The selected proposer shall enter into a contract with the City of Tigard to provide printing services as
follows:
The City shall deliver either a camera-ready copy or dials to the printer based on an agreed-upon
sche ila
➢ The page count shal I be for an 8, 12, and 16 page newsl etter.
➢ The newsletter is published once a month. Pricing should be based on printing a quantity of
25,000 copies a month.
➢ Paper sM1 be 601b white urged book or match sanpl e i rd uded i n thi s RFP.
Ink color shall be 1 color, 2 color or 4 col or.
Request for Proposal for Prirdirg Servioes for the City's Newsletter 2
Close: September 21, 2001 At 3:00 PM
The current size of paper is flat 11 x 17 folded in half to 8.5x 11 and refolded to 5.5x 8.5f or
mailing. No saddle stitching required.
Pti nti ng and mai I i ng shall be completed within 4 days of receipt of copy. City needs a
guarantee f rom the pri nter of meeti ng no more than a four f ul I worki ng day turnaound ti me. If
pri nter i s l ate, wi I I City recei ve a di scount?
Pri rater shal I shoot i n photos at a price per photo.
Printer shall deliver over-runsto City.
➢ City shat I take care of provid rag postage to Post Offi ce for bul k ma I i ng.
Pri nter shat l ; pri nt, fold, bundle and I abc by carri er routes for Post Offi ce and del iver to Mai n
Post Office in Pbrtland on NW Hoyt St. The City shall provide printer with drier route
numbers and number of copies required for each carier route
I V. PROPOSAL SUBMITTAL REQUIREMENTS
Each responsible proposer sihal1, at a mi ni mum, address the followi ng minimum qual if iccions:
1. The proposer must have been i n the pri nti rag bus ness for at least 5 years.
2. The dependabi I ity of the service you will provide the City is very important. Please provide a
I i st of three (3) cli ehts that we may contact in which you have performed simi I ar work.
3. Proposer shall submit adescxiption of information that would need to be provided by the City
in conjunction with the printing services
4. Proposer shall designate one or more person(s) responsible for Contractor's work under this
contract. Please provide to the City the name(s) and telephone number(s) of such person(s).
5. The successful proposer shall be required to enter into a contract with the City to provide the
said services A sampl e i s attached f or reference.
6. The proposer sfhdI compl y wi th the i tems outl i ned in Section 111, Scope of Service,
V. ADDITIONAL INFORMATION REQUESTED:
The City is in the process of researching new layout formats and folding options for the City
newsletter. The City is requesting that vendors submitting a proposal include with their
proposal samples of different stylesrdeas of formattirig and fol ding of previous jobs that the
vendor has either designed and/or printed. Any information submitted in this regard will not be
used i n eval uati on and awad of the proposal.
The City reserves the right to change the format during the term of the contract, which may
i nd ude a change i n paper, paper si ze and fol di ng. Once the City determi nes the extent of the
Requet for Proposal for Prirding Service for the City's Newsletter 3
Close: Sep4ember 21, 2001 At 3:00 PM
w al 1v " a.n Y ay " w w. U ~ `n.+i►~n#nr will r!~ aFa~rrr~i ne wh-fhcx fhrr- a wi l l be. RV ood Cfl in
tca Ica a i.~.......,.......
performirig thecordrWed service: Deperdng on arty cwt charxjes to implemol anew format
and folding of the rxwsfetter, the City shall determine at that time whether it warrants a new
bi ddi ng process.
VI. PROPOSAL EVALUATION AND AWARD PROCEDURES
1. Evaluation: A Selection Committee will conduct evaluations. Proposals will be evaluated
using a point system. Each criterion is given a" Maxi mum Pbi nts AI lowed' . Cost, although
important, is not the sae criteria for selection.
EVALUATION OF PROPOSALS
Criterion Maximum Points
Allowed
1. References 35
2 Meet printing and mai I i ng deadlines 25
3. Pri ce 20
4. Qual ificationsldependabi I ity 20
TOTAL POSSI BL E POINTS 100
Each proposal will receive up to the maximum pants allowed for each of the evaluation
criteriafor atotal score not to exceed 100 paints.
2. Award: The award will be made to the respondent whose proposal is determined to be the
most responsive within a competitive price range based upon evaluation of the information
fumished under this RFP.
3. INVESTIGATION OF REFERENCES: The City reserves the right to investigate references
and the past performance of any propose' with respect to itssuooessful performance of Similar
projects, quality of work, compliance with specifications and contractual obligatiorps its
completion or delivery of a project on schedule and its lawful payment of employees and
workers
4. CLARIFICATION OF PROPOSALS: The City reserves the right to obtain clarification of any
point in afirm's proposal or to obtain additional information nay to properly evaluate or
particular propose. Failure of a Proposer to respond to such a request for additional
information or daification could result in rejection of thefirm'sproposal.
Pacpuest for Propose for Printing Services for the Qty's Newsletter 4
Closes September 21, 2001 At 3:00 PM
Will
IS!
• VI I. I IVY rlu%.A 1 I VItlJTO n'OI~VVi. 1S
1. EXECUTION OF PROPOSAL: Proposals must be executed in the narne of the firm followed by
the al gnature of the officer authorized to sign for the firm. Tale address of the proper shall be
typed or printed on the proposed form and shall includetax identification numbers" the state
in which it is incorporated, if appl i calla Proposals which are i ncompl ete or which are
conditioned in anyway, or which oontain erasures or alterations, maybe rejected as incomplete
2. OPENING DATE: Proposals will be received until 3:00 p.m., on September 21, 2001 at 13125
SW Hail Blvd., Tigard, Oregon 97223. Proposals shall be submitted in a sealed envelope and
state "City of Tigard, Printing Services for City's Newsletter" in the lower left-hand comer. It is
the contractor's reqmrisi bi I ity to ensure that proposals ere received prior to the stated d osi rig ti me
The City shall not be responsi bl a for the proper identification and hands i ng of any proposals
submtted i noorrectly. Facsi mi le proposal s shal I not be accepted.
3. PROPOSAL VALI DI LTY PERIOD: All proposals submitted shall be binding for 30 calendar
days fol l owi ng the opehi ng date; unless extended by mutual consent of all parties
4. WITHDRAWAWL OF PROPOSAL: At any time prior to the date and hour sal for the receipt
of proposals, a vendor may withdraw his/her proposal. Withdretwal will not preclude the
submi ssion of another proposal prior to the hour and date set for the open rig of the proposal
5. COMPLY: Contractor shall comply with all the terns and conditions contained herein and
which are hereby made a part of this contract.
6. CONTACT: Please conted Cathy Wheatley at (503) 639-4171 ext. 309 for questions regarding
scope of work.
7. SUBMISSION AND SIGNING OF PROPOSALS: The submission and signing of a proposal
shat I i ndicate the i ntenti on of the f i rm to adhere to the provisi ores descxi bard i n this RFP.
8. COST OF PREPARING A PROPOSAL: The RFP does not commit the City to paying any
costs incurred by Proposer in the submission or presentation of a proposal, or in making the
necessary studies for the prep eration thereof.
VI ll. GENERAL TERMS AND CONDITIONS
1. TERM OF CONTRACT: The term of this contract steal I be for a period of one year aid may be
automatically renewed for up to four (4) additional twelve-month periods The tern of the
contract i nd udi ng renewals cannot exceed five (5) years •
Renewal Process If the City detaminesthat it is in the City's best interest, the City may elect to
extend the contract per the above mentioned time periods subject to the fol lowing conditions:
a Service has been determi nod by the City Recorder to be salisfaclory.
b. Fee schedule remai ns fi rm for the additional years; a:clusted only for any
escalation/de-escalation allowed undw the terms of the contract.
c. Contractor agrees in writi ng to extend the contract.
Request for Proposal for Printing SeMoesfor the city's Nevsietter 5
Gose: September 21, 2001 At 3:00 PM
2 FORM OF CONTRACT A copy of the standard Personal Service contract which the City expects
the successful firm or individual to exectute; is included as"Attachment A". The contract will
incorporate the terms and corditions from this RFP document and the successful proposer's
response documents F rms taki ng exoepti oh to any of the eoitrW te-ms dmld i ndicate the same
in their proposals or their exceptions wi II be dee ned waived.
The successful proposer shall commence work only after the professional services contract with
the City i s f ul ly executed and a purchase order has been issued.
3. INTERPRETATIONS AND ADDENDA: If nay, interpretations or clarifications in
response to questions will be made by issuance of an "Addendum" to all prospective Proposes
within a reasonable time prior to proposed dosing, but in no rase less than 72 hours before the
proposal dosing. If an addendum is nay after that time; the City, at its discretion, can
extend the cl osi ng dale.
Any Addendum issued, as a result of any change in the RFP, must be acknowledged by
submitting the "Acknowledg rnent of Addendum" with proposal.
ONLY QUESTIONS ANSWERED BY FORMAL WRITTEN ADDENDA WILL BE
BI NDI NG.
Oral and other interpretations or clarific tionswill be without legal effect.
All other questionsshould bedrected to Terry Muralt, Buyer (503) 639-4171, ext. 324.
4. ERROR IN PROPOSALS: When an error(s) is made in extending total prices, the unit proposal
price will govern. Proposers are cautioned to recheck their proposal for possible error(s).
Error(s) discovered after opening cannot be corrected and the contractor will be required to
perform if their proposal is accepted.
5. BUSINESS TAX: I nmiedi atel y following award, if not obtained before, Contractor shall pay
the City of Tigard Business Tax and fill out a W9 Form provided to you by the City. The above
shall be completed before contract is signed.
6. BILLING REQUIREMENTS: Invoices shall be seat to City of Tigard, Attn: Accounts Payable;
13125 SW Hall Blvd., Tigard, OR 9722;1. P%wx3 rt is rxxmall y made within 30 days following
the date the entire order is delivered or the date the invoice is received.
7. INSURANCE: Sul proposer(s) shall maintain insurance coverage of the types and in the
amounts stated in Section No. 8 of the attached SAMPLE contract and such insurance must be
in full force and effect throughout the term of this contract. Work shall not commence under
this contract until contractor has obtained all the insurance required and submit a certificate of
insurance to City
Request for Proposal for Printing &rvioes for the City's Newsletter 6
Gore: Septen~er 21, 2001 At 3:00 PM
8. REJECT ANY AND ALL PROPOSALS: The City may reject any prod not in compliance
with dl prescribed public bidding procedures and requi remer ts; and may reject for good cause
am or all proposals upon a fi ndi ng of the City that it is in the public interest to do 9D.
9. TERMINATION: Contract may be terra rated by mutual consent of both parties or by the City
at its discretion with a 30 days' written notice to cee9e using the services provided. If the
contract i s so temi nated, Contractor shall be pai d in aocordaioe with the terra of the contract.
10. PROJECT MANAGER: The City's project manage shall be Cathy Wheatley, 503-639-4171 ext.
309.
11. PROPOSAL REJECTION
The City reserves the right:
1) To reject any or all proposals not in compl ianoe with all public procedures and
requi ren2nts;
2) To reject any proposal riot meati ng the spec if i cati ons set forth heei n;
3) To waive any or alI irregularitiesin proposal s submitted;
4) In the evert two or more proposals shat I be for the sane amount for the same work, the
Ci ty shall follow the provisions of LCRB 30.096;
5) To rej ect al I proposal s;
6) To award any or ai I parts of any proposal ; and
7) To request references and other data to datemi ne respond veness
Rat far Proposal for Priming S"oesfor the City's Newsletter 7
Close: Sapternb r 21, 2001 At 3:00 PM
' City of Tigard
RFP-Printing Servicesfor City Newsletter
Closes: September 21, 2001
PRI CE SCH E®UL E
(Thi s form to be i rnl uded i n proposal)
1. Newsletter pricing with breakdown of different ink color requirements:
No. of Pages Price for Pricefor Price for
1 color 2 colors; 4 colors
g page $ ~t0tci . W i-- $ 2.15 $ 015
12 page $ 35aa . ° x{050._ 2-8' $ &-6
16 page $ 3~~0. $'~`l (v3. 3' $ 813.9
2. Photo ricin .
Printer to shoot in photos Price $ a 7 each
~ I6,C.1- + c, h 4 7 h uR~
3. Printing and mailing deadline:
After printer receives artwork, can printer meet the A -day turnaround dead i ne for printing and
mai I i ng the newsl etter?
YES NO
Comments
If Printer is late in meeting the 4- day turnaround time, what discount if arty would be given._
4. Company Information and Person Responsblefor Contrail and Servi ided:
~1'eCls~on C~rc.~~DhicS _ .
Company Name Si of Authoriz son
25 Zy 5w 7260-h S hell oW P,11
Address Person Responsible for Contract Work
Or- ~7U1o2 Date cl-,20 -
IUCA GM)'rn
50S-I~~I2- -1000 13-0$51553
Phone FeI I® No.
Request for Proposal for Printing Services for the City's Newsletter 8
Clow. September 21, 2001 At 3:00 PM
ACK HOWL EDGM ENT OF ADDENDA
I HAVE RECEIVED THE FOLLOWING ADDENDA:
(If none received, write"None Received")
1. 3.
2. 4.
Date
Si c nature of Proper
Title
Corporate Name
Paquest for Proposal for Pri riti rig Services for the City's Newsletter 9
Clow: Wember 21, 2001 At 3:00 PM
AGENDA ITEM # 3 -S b,
FOR AGENDA OF October 9, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award contract with Bretthauer Oil Company to provide fuel at captive sites and
foreign sites through the use of commercial automated (key/card lock) fuel systems
PREPARED BY: Terry L. Muralt, Buyer DEPT HEAD OK_ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall Council award contract with Bretthauer Oil Company to provide fuel at captive sites and foreign sites through
the use of commercial automated (key/card lock) fuel systems.
STAFF RECOMMENDATION
Award contract with Bretthauer Oil Company to provide fuel at captive sites and foreign sites through the use of
commercial automated (key/card lock) fuel systems.
INFORMATION SUMMARY
On September 11, 2001 at 3:00 PM the City of Tigard completed a formal Request for Proposal process with
Tualatin Valley Fire & Rescue for "Fueling at Captive Sites and Foreign Sites through the use of Commercial
Automated (key/card lock) Fuel Systems and Fuel Drops". The "captive site" term means that the fuel in the City's
2,000 gallon in-ground tanks are monitored and automatically fueled by the fuel company when the level of fuel
drops to a perdetermined level. This assures that there is always available fuel for the City's fleet as well as
Tualatin Valley Fire & Rescue fleet that is located next to the Water Building on Burnham Road. The "Foreign
Sites" are fuel sites located around Washington County and Oregon as well as through out the United States that
can be used for fueling City vehicles through the use of the key/card lock fuel system. This key/card lock fuel
system allows monitoring of each purchase of fuel. It tracks which vehicle is being fueled, the date of fueling,
driver name, odometer reading, amount of fuel purchased and cost of fuel at that time.
One bid was received from Bretthauer Oil Company and a "no bid" from Albina Fueling. Bretthauer Oil Company
was the only qualified bidder because of specific requirements needed for both agencies in fueling emergency
vehicles.
PRICING:
The pricing is based on a markup price per unit plus the site transfer price to equal the total cost per gallon on any
given day. The cost of fuel will fluctuate with the market, but the markup price per unit shall remain firm for the
duration of the contract.
Mark up pricing at Captive site shall be.08 per gallon for unleaded and premium grade gasoline and Diesel No. 2.
Mark up pricing at Company owned and non-company owned (both within and outside service area) commercial
fuel cardlock locations shall be .05 per gallon.
Pricing for emergency deliveries needed outside of normal hours of operation shall be $100 per delivery.
Pricing for an emergency event where stand-by services is required shall be $80 per hour.
OTHER ALTERNATIVES CONSIDERED
Reject bid and complete a new bid process.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Copy of Purchase Agreement.
FISCAL NOTES
The budgeted funds for FY01-02 are $137,352.00.
onginut5
CITY OF TIGARD, OREGON ~~►'~~iet2_
PURCHASE AGREEMENT FOR
FUELING AT CAPTIVE SITES AND FORREIGN SITES THROUGH THE USE OF
COMMERCIAL AUTOMATED KEY/CARD LOCK FUEL SYSTEM
THIS AGREEMENT made and entered into this 10th of October, 2001 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Bretthauer Oil
Company hereinafter called Seller.
RECITALS
a. Seller has submitted a bid or proposal to City for the sale of certain goods.
b. Seller is in the business of selling certain goods and is aware of the purposes for which City will
use the goods.
C. City and Seller wish to enter into a contract under which City shall purchase the goods described
in Seller's bid or proposal.
AGREEMENT: The parties agree:
1. GOODS TO BE PROVIDED:
City shall purchase fuel at captive sites and foreign sites through the use of commercial automated
key/card lock fuel systems from Seller in accordance with:
a. The specifications (including any addenda) attached hereto as Exhibit A and incorporated
herein by this reference;
b. The Seller's proposal dated September 11, 2001, which was accepted by the Contract
Review Board on October 9, 2001 attached hereto as Exhibit B and incorporated by this
reference; and
c. The City's Standard Terms and Conditions, attached hereto as Exhibit C and incorporated
by this reference.
+ 2. EFFECTIVE DATE AND DURATION: t
This Agreement shall become effective upon the date of execution by the City's Local Contract
Review Board and shall expire, unless otherwise terminated on October 9, 2006. All goods under
this Agreement shall be delivered and completed prior to the expiration of this Agreement.
i
Purchase Agreement amended 8-01-01 1
3. COMPENSATION:
a. City hereby agrees to pay Seller as follows:
Pricing is based on a markup price per unit plus the site transfer price to equal the total cost per
gallon an any given day. The markup price per unit shall remain firm for the duration of the
contract.
Mark up price at captive site shall be .08 per gallon for unleaded and premium grade gasoline
and Diesel No. 2.
Mark up price at Company owned and non-company owned (both within and outside service
area) commercial fuel card-lock locations shall be .05 per gallon.
Price for emergency deliveries needed outside of normal hours of operation shall be 100 per
delivery.
Cost for an emergency event where stand-by services is required shall be $80 per hour.
The total purchase price shall be considered payment for all Sellers' obligations described in
this agreement. Seller shall invoice City semi-monthly (the 15a' and the last day of the month)
for fuel used. City shall have thirty (30) days after receipt of invoice in which to make
payment. Seller shall be responsible for the payment of all taxes associated with the sale of the
goods. City is exempt from the payment of Federal Excise Tax.
b. Seller shall promptly advise City of all reasonably available technological advances that are
known or become known to Seller while this agreement is in effect which may result in the
goods having added value, capacity, or usefulness when used for City's purpose. If Seller
intends to provide goods incorporating technological advances and still meeting the
specifications and the City's needs at no additional charge, Seller shall provide City with 30
days' notice of the proposed change. The City may require that only goods not incorporating
the changes be supplied by providing written notice to seller within 5 days of receiving the
notice of the proposed change. Any other changes incorporating technological advances shall
only be approved as an amendment to this agreement.
c. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
t'
4. DELIVERY:
Seller shall monitor and maintain a minimum fuel inventory of 1,000 gallons at the captive site
located at 8777 SW Burnham, Tigard, OR 47223. All other above ground tanks shall be monitored
by the City and filled by Seller upon request by City. Seller agrees to provide goods as specified in
Exhibit A.
No language contained in a purchase order, work order, or delivery order shall vary, amend, modify,
or add terms or conditions to this Agreement under which the order is placed.
Purchase Agreement amended 8-01-01 2
5. INSTALLATION:
Unless the Specifications (Exhibit A) or the proposal (Exhibit B) require installation by Seller, the
City shall install the goods purchased under this agreement. If Seller is to install the goods,
installation shall be completed no later than 5 days after initiation of agreement. Any installation
by Seller shall be in accordance with the provision of this agreement, including all Exhibits.
8. ASSIGNMENT/DELEGATION:
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
9. SUBMITTING BILLS AND MAKING PAYMENTS.
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD Business Phone: 503-639-4171
Accounts Payable Business Fax: 503-639-1471
13125 SW Hall Blvd. Email Address: kathyk@ci.tigard.or.us
Tigard, Oregon 97223
SELLER
Bretthauer Oil Company Business Phone: 503-648-2531
PO Box 1299 Business Fax: 503-640-4518
Hillsboro, OR 97123 Email Address: www.bretthauer.com
10. TERMINATION
City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this
Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this
section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of
termination. City may deduct the amount of damages, if any, sustained by City due to any breach of
contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by
Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other
costs of litigation at trial and on appeal. E
11. ACCESS TO RECORDS:
City shall have access to such books, documents, papers and records of Seller as are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
12. FORCE MAJEURE:
Neither City nor Seller shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
Purchase Agrecment amended 8-01-01 3
W Eli
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subseller or supplies due to such cause; provided that the parties
so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in
writing of the cause of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under the Agreement.
13. NON-DISCRIMINATION:
Seller agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Seller also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
14. WARRANTY AGAINST DEFECTS:
Seller warrants that the goods shall remain free of defects in material and workmanship for a
period of one (1) year commencing the date of City's acceptance. Such defects shall include any
failure of the goods to meet Seller's specifications or the description contained in Seller's product
literature. If within the warranty period City discovers such a defect, Seller shall repair or replace
the defective item or component free of charge. If after three attempts Seller is unable to eliminate
a defect, or if Seller does not commence the warranty work within the time allowed in this
paragraph, City shall have the right to return the defective item or component and, at City's option,
either obtain a full refund of the purchase price of the goods or obtain a refund, in an amount to be
agreed upon by the parties, of the portion of the purchase price of the goods that is allocable to the
defective item or component. Seller shall commence all warranty work within 48 hours of
receiving notice of the warranty claim. All warranty work shall be performed at City's facilities
unless otherwise agreed by the parties. If warranty work is performed at Seller's facilities, Seller
shall pay all shipping costs, including the cost of return shipment. This warranty shall apply to all
repair parts furnished by Seller and all repairs performed by Seller.
15. INTELLECTUAL PROPERTY WARRANTY:
Seller warrants that none of the goods, the use thereof or any of the applications, processes or
designs employed in the manufacture thereof infringes the valid claims of any letter patent, patent
application, copyright, trade secret or any other property right of any third party. If as a result of
any suit or proceeding alleging an infringement of any of the foregoin* property rights City's use
of the equipment is enjoined, Seller shall at no cost to City either obtain for City a license to use
the goods or modify the goods so as to avoid the infringement without any degradation in
performance. If Seller cannot obtain such a license and cannot so modify the equipment, Seller
shall promptly refund to City the purchase price, less a reasonable amount for depreciation.
16. MAINTENANCE SERVICES:
Unless otherwise provided in the Specifications (Exhibit A) or the Proposal (Exhibit B), the City
shall have the right to maintain the fuel pumps located at the captive site 8777 SW Burnham St,
Tigard, OR 97223. Repairs or replacement of parts by the City or its agents or maintenance
contractors shall not alter or void any warranties for equipment or goods purchased under this
contract.
Purchase Agreement amended S-01-01 4
Seller shall provide maintenance services and updates for the fuel automated key/card lock
software, which is owned by Seller.
WSW
17. ASSIGNMENT OF MANUFACTURER'S WARRANTIES:
Seller hereby assigns all warranties of the manufacturers of components of the goods to City to the
extent such warranties are assignable. In the event Seller must obtain the consent of the
manufacturer or take other action before any such warranties are assignable, Seller shall do so
prior to delivery.
18. INDEMNITY/HOLD HARMLESS:
Seller shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Seller or
its subsellers, agents, or employees under this contract, except, however, that the foregoing shall
not apply to liability that arises out of City's negligence.
19. INSURANCE:
Commercial General Liability Insurance: If Seller will be installing or testing the goods, or
otherwise performing services on City's premises, Seller shall provide a certificate indicating that
Seller has commercial general liability insurance covering Bodily Injury and Property Damage on
an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance. Coverage will include $1,000,000 per occurrence and $2,000,000 general annual
aggregate. Said insurance shall name City as an additional insured and shall require written notice
to City thirty (30) days prior to cancellation. If Seller hires a subseller to perform services on
City's premises, Seller shall ensure that Seller's subseller complies with this paragraph.
Business Automobile Liability Insurance: If Seller will be delivering the goods, Seller shall
provide City a certificate indicating that Seller has business automobile liability coverage for all
owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than $1,000,000. Said insurance shall name City as an additional insured and shall require
written notice to City thirty (30) days in advance of cancellation. If Seller hires a carrier to make
delivery, Seller shall ensure that said carrier complies with this paragraph.
i
Workers' Compensation Insurance: The Seller, its subsellers, if any, and all employers providing
work, labor or materials under this Contract that are either subject employers under the Oregon
Workers' Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage that satisfies Oregon law for all-their subject workers or
employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon
for more than 30 days in a calendar year. Sellers who perform work without the assistance or
labor of any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
Purchase Agreement amended 8-01-01 5
Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
Seller shall fur.2ish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate will specify and
document all provisions within this contract.
20. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Seller shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subsellers and
income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a
part of this agreement.
22. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY:
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
24. COMPLETE AGREEMENT:
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the,- event of an inconsistency
between Exhibit A and any other exhibit, Exhibit A shall control. In the event of an inconsistency
between Exhibit C and Exhibit B, Exhibit B shall control. No modification of this Agreement shall
be -effective finless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only
in specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Seller, by the signature
of its authorized representative, hereby acknowledges that Seller has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
Purchase Agreement amended S-01-01 6
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Seller has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
Approved by Tigard's Local Contract Review Board on: 0~~ UI I
By: Authorized City staff person letting contract Date
SELLER
By: Company Name
Print Name & Title of Authorized Representative
Sign Name Date
Purchase Agreement amended 8-01-01 7
SECTION TWO
TECHNICAL SPECIFICATIONS AND REQUIREMENT'S
A. INTRODUCTION:
The purpose for this "Request for Proposal" (RFP) is to supply Tualatin Valley Fire and Rescue (TVF&R),
City of Tigard (the City) and other possible public agencies with a fueling source for underground and
above ground tanks (fuel drops) and through a commercially automated (key/card-lock) fueling system
which shall include "captive sites." This proposal process is a joint effort by TVF&R and the City. It is the
intent of both agencies to award the contract to one (1) primary contractor, who shall be responsible for
providing the goods and services described herein, but if it is in the best interest to award to multiple
contractors, TVF&R and the City reserves the right to do so.
Proposals may also be considered from cooperative arrangements of private contractors where the group is
represented by a primary contractor, who would be responsible to conduct all business with TVF&R and/or
the City.
B. SCOPE OF WORK:
Please note that the following information are annual estimates only for TVF&R and the City. TVF&R and
the City are not committing to buy this quantity of fuel, but are using it as a basis for a vendor to know the
estimated usage and for evaluation of this proposal. Proposals shall include a list of available foreign sites
for automated key/cardlock locations and be within a 2-mile radius of stations listed on page 10, C.14.:
TVF&R. City of Tigard
Vehicles:
Diesel 83 20
Unleaded 96 115
Total Vehicles 179 135
Current Cardlock Cards:
Pacific Pride
Diesel 68 30
Unleaded 84
Super unleaded 3
All product 55 130
Driver cards 15Z
CFN
Diesel 20
Unleaded 4
All product 13
Total Cards 247 312
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 6
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
TVF&R City of Tigard
Est. Annual Fuel Usage in Gallons:
Cardlock Fuel:
Diesel
Captive Site 20,469 12,673
Comm. Cardlock 45,544
Unleaded 20,684 1,705
Mid Unleaded 479 189
Super Unleaded
Captive Site 14,512 67,711 ;
Comm Cardlock 3,090 5,073
Fuel Drops:
Diesel 26,502
Diesel, Offroad 764
Unleaded 479
Total Annual Estimated Gallons 132,523 87,351
Est. Annual Fuel Usage by Cardlock Location In Gallons:
Captive Site:
Tigard
Diesel 11,343 12,673
Super Unleaded 645 67,711
Aloha
Diesel 9,126
Super Unleaded 13,867
Commercial Cardlock:
Beaverton
Diesel 20,867
Super Unleaded 1,760
Unleaded 5,726
Tigard
Diesel 1,663
Super Unleaded 182 5,053
Unleaded 2,662 1,62
Mid Unleaded 249 16
Wilsonville
Diesel 10,294
Super Unleaded 92
Unleaded 4,203
Mid Unleaded 188
Tualatin
Diesel 4,004
Unleaded 1,780
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the . 7
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: W11101
4
TVF&R City of Tigard
Oregon City
Diesel 8,512
Super Unleaded 965
Unleaded 4,161
Other Miscellaneous Cardlocks
Diesel 204
Super Unleaded 91 20
Unleaded 2,152 78
Mid Unleaded 42 28
Total Estimated Fuel From Cardlock 104,778 87,351
C. CONTRACTOR'S RESPONSIBILITIES:
1. Contractor Contacts: Contractor shall designate one (1) primary and one (1) backup person
responsible for.the Contractor's work under this contract. Contractor shall provide to TVF&R and
the City the names, addresses and telephone numbers, including after hours/emergency numbers of
such persons and shall keep this information current with TVF&R and the City Contract
Administrators at all times. Each Proposer shall provide resumes for all key staff responsible for this
contract.
2. Prices and Terms: The Contractor represents that all prices, terms and benefits offered by the
Contractor in this agreement are equal to or better than the equivalent prices, terms and benefits
being offered by the Contractor to any other federal, state, or local government. If the Contractor
during the term of the agreement with TVF&R or the City, enters into any contract, agreement or
arrangement that provides lower prices, more favorable terms or greater benefits, to any other
government body, the contract with TVF&R or the City shall be deemed amended to provide the
same price or prices, terms and benefits. This provision applies to all comparable products, supplies
and services provided by the Contractor.
3. State and Federal Tax Exemption: The Contractor shall process all the forms necessary for the
state and federal fuel exemption claims (if applicable). No additional charges will be allowed for
exemption processing or tax withholding requirements.
i '
4. Material Safety Data Sheets: At time of contract signing by the Contractor, Material Safety Data
Sheets (MSDS) for each product shall be provided by the Contractor Lid made part of this contract
i and as new or updated MSDS become available, the Contractor shall forward copies to be placed on
file meeting the requirement of OAR 437-155-25.
5. OSHA Requirements: The contractor shall comply with conditions of the Federal Occupational
Safety and Health Act of 1972 (OSHA), and the standards and regulations issued there under, and
certify that all items furnished and purchased under this order conform to and comply with said
standards and regulations. The Contractor further agrees to indemnify and hold harmless each
purchaser from all damages assessed a purchaser as .a result of the Contractor's failure to comply
with the acts and standards there under and for the failure of the items furnished under this order to
so comply.
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the , 8
Use of Conunercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
6. Training: The Contractor shall provide training -materials for TVF&R and City personnel in the
proper dispensing of flammable liquids and fire safety training in accordance with OAR 837-020-
055. The Contractor shall comply with the current and future regulations in this area.
7. Instruction, Service and Site Information: The Contractor shall supply to each department for
TVF&R and the City, promptly upon phase-in and within five (5) working days after request, at no
charge:
a. Written instructions for using the key/card-lock system.
b. Notice of change in availability of services.
c. Notice of any addition or deletion to site changes.
8. Hours of Operation and Problem Notification:
a. Key/card-lock sites shall be accessible 24 hours a day, 365 days a year (or 366 days in a leap
year).
b. Telephone system to notify main business office of a problem at the fuel site.
9. Emergency Power Backup Fuel Supply: In case of an emergency power outage, the Contractor
shall have 24-hour on-call emergency power for on-location fueling at fuel locations agreed upon by
the Contractor, TVF&R and the City. The locations given below shall be equipped with portable
generator adapters or have certified internal back-up power system for operation during an
emergency power outage to support emergency back-up fuel supply. Charges for fuel shall be the
same as normal fuel card-lock usage.
The designated fuel locations to be considered for emergency backup power shall be in the general
vicinity of these locations and agreed upon with TVF&R and the City:
a. The Beaverton area
b. The Tualatin-Tigard area
c. Wilsonville-West Linn area.
The Contractor shall provide personnel to operate and maintain the emergency back-up power at the
designated locations.
The actual hours of operation and response times shall be dependent on the demands and needs of
any particular emergency. Hours of operations can range from a 24-hour per day requirement to pre-
determined hours of operation as established by TVF&R and the City. Actual hours of operation
shall be coordinated with the contract administrator for the particular emergency.
The Contractor shall be required to establish and maintain a 24-hour per day continuously
operational communication notification system to respond to this requirement.
10. Environmental Conditions: Regarding commercial automated fuel (key/cardlock) sites, each site
shall be well lit, clean and be in an open area as to provide a safe environment for 24-hour use. All
approved sites shall have functional fire extinguishers (that meet state and/or local Fire Marshal
requirements), and shall have posted emergency telephone numbers for use in case of problems, and
shall provide locally owned pay telephones and/or emergency telephones.
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 9
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
1
11. Spillage and Cleanup: The Contractor shall be responsible for all spillage, which may occur during
transit and unloading operations for both fuel drops and captive site fueling. The Contractor shall
immediately report any spillage to the Contract Administrator for that site and clean up the spillage
according to applicable EPA and State guidelines and requirements. Failure to do so will initiate
corrective action and back charge to the Contractor of any incurred costs.
12. Fuels: The Contractor shall have a currently functional automated key/card-lock system for purchase
of gasoline and diesel fuels meeting the following requirements:
a. All motor fuels shall be free from impurities including, but not limited to water, dirt, harmful
oils, fibrous materials, and other petroleum products or contaminants.
b. In case of damage directly traceable to the contaminated motor fuel at a site, the Contractor shall
be responsible for the damage costs.
c. Fuel storage tanks shall comply with current and future Federal and State Regulations as
implemented.
d. All fuels shall comply with applicable industry and government standards and specifications.
e. Regular unleaded gasoline shall have a minimum octane rating of 87.
f. Medium duty unleaded gasoline shall have a minimum octane rating of 89.
g. Super-unleaded gasoline shall have a minimum octane rating of 91.
h. Diesel fuel shall be (on road) #2: Diesel fuel shall be winterized to industrial standards for the
area.
Note: Each commercial fuel site shall include one (1) unleaded fuel of the higher octane rating fuels (89 or
91) along with the regular unleaded and (on- road) diesel fuel.
13. Fuel Availability: The Contractor shall maintain supplies of regular unleaded gasoline, super
unleaded, both on-road and off--road diesel to meet fuel requirements for TVF&R and the City on a
24-hour per day and 365 days per year (or 366 days in a leap year), during adverse weather
conditions, National and State (Civil Defense) emergencies and fuel shortages.
The Contractor must be able to provide both gas and/or diesel fuel anywhere in TVF&R's and City's
jurisdiction with a minimum 2-hour response time. The Contractor is required to provide an
emergency response contact number that is available 24-hours and 365 days per year (or 366 days in
a leap year). If the contractor charges an additional fee for this, it must be stated in the
contractor's prices submitted in this RFP.
The minimum fuel inventory required at the captive sites shall be no less than 1,000 gallons.
a Contractor shall monitor all fuel inventories at captive sites on a daily;basis. Please state how you
H monitor fuel usage.
14. Fuel Site Locations: Proposer shall provide a list of commercial fuel sites and the locations
available. Below is a list of fuel locations of TVF&R and the City.
a a. Fuel drop locations:
1.) Above ground on-road diesel tanks:
Sherwood Station (33), 655 NE Oregon, Sherwood with 550 gallons
Cornell Road Station (60), 8585 NW Johnson St., Portland with 550 gallons
Somerset Station (64), 3355 NW 185'x', Portland with 550 gallons
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 10
Use of Conunercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
Brockman Road Station (66), 13900 SW Brockman Rd., Beaverton with 550 gal.
Cooper Mountain Station (69), 9940 SW 175`h, Aloha with 550 gallons
Hill Top Station (50), 19340 SW Molalla Ave., Oregon City with 700 gallons.
2.) Above ground unleaded fuel tank:
Hill Top Station (50), 19340 SW Molalla Ave., Oregon City with 300 gallons
3.) Underground off road diesel tank:
Tigard Police Department, 13125 SW Hall St., Tigard with 500 gallons.
4.) Above ground off road diesel generator tanks:
Tigard Water Building, 8777 SW Burnham St., Tigard with 250 gallons
Canterbury Reservoir, 10490 SW Canterbury Lane, Tigard with 250 gallons
Tigard Gaarde Reservoir, 10201 SW 119th Place, Tigard with 500 gallons
Tigard, High Tor Reservoir, 14255-SW High Tor Drive, Tigard with 500 gallons
Regional Training Center, 12400 SW Tonquin Rd., Sherwood with 250 gal.
Administration Center, 20665 SW Blanton St., Aloha with 175 gallons
Wilsonville Station (52), 29875 SW Kinsman, Wilsonville with 175 gallons
Progress Station (53), 8480 SW Scholls Ferry Road, Beaverton with 175 gal.
Elligsen Road Station (56), 8455 SW Elligsen Rd., Wilsonville with 275 gal.
Aloha Station (62), 3608 SW 209th, Aloha with 175 gallons
Somerset Station (64), 3355 NW 185`h, Portland with 175 gallons
Brockman Road Station (66),'13900 NW Brockman Rd., Beaverton with 165 gal.
Cooper Mountain Station (69), 9940 SW 175th, Aloha with 175 gallons
b. Captive Sites: These are currently tied into the Pacific Pride system with fuel billed as it is
used. Any costs to change the existing software/hardware at captive sites shall be the
responsibility of the vendor.
1.) Two underground tanks located at City of Tigard Water Bldg., 8777 SW Burnham St.,
Tigard, with 2,000 gallons gasoline and 2,000 gallons diesel.
2.) Two above ground tanks located at Aloha Station (62), 3608 SW 209th, Aloha, with 2,000
gallons gasoline and 2,000 gallons diesel.
Note: The Aloha Station captive site is also utilized occasionally by other outside agencies including
Washington County Community Action Organization, Hillsboro Fire Department and Washington County
Sheriffs Office with the vendor billing these outside agencies separately. TVF&R's permission is required
for these agencies to utilize this site. Proposing vendors shall be required to get TVF&R's approval for
outside agencies to use this site that currently has 24-hour access.
c. Commercial Automated (Key/Cardlock) Systems. Contractor shall supply the closest address
of their commercial key/cardlock fuel system that these locations listed below will fill up at.
Fuel sites shall be within a 2-mile radius of these locations:
Sherwood Station (33), 755 NE Ore on, Sherwood for unleaded fuel only.
j Tualatin Station (34), 19365 SW 90` Court, Tualatin for diesel #2 and unleaded fuel.
King City Station (35), 17135 SW Pacific Hwy., Tigard for diesel #2 and unleaded fuel.
Wilsonville Station (52), 29875 SW Kinsman, Wilsonville for diesel # 2 and unleaded fuel.
City of Tigard, 13125 SW Hall Blvd., Tigard for diesel #2, regular and super unleaded fuel.
15. Key/Card-Lock Device: Contractor shall provide the Contract Administrator with the required
number of key/card-lock devices for dispensing motor fuels. The key/card-lock system and devices
shall have individually unique characteristics to provide maximum security measures to protect our
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 1 1
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
agencies from fraud. There shall be two types of systems, one being a single key or card and the
other being a dual card system. Each system shall have a code ID to identify the driver fueling
and the vehicle. Upon receiving a request from the Contract Administrator, the contractor shall
provide the key/card devices within 3 working days. Each proposer shall supply samples of the
forms used to issue the key/card devices. There shall be no charges for the issuance of key/card
devices.
16. Key/Card-Lock Invalidation: Contractor shall have in place a system that will receive and respond
to an invalidation notification within eight (8) hours. Notification of a misplaced or stolen key/card
device shall be provided immediately to the Contractor by each user of the misplaced or stolen key
or card that requires deactivation. Literature shall be provided by each proposer explaining its
invalidation notification methods and procedures. A sample of this literature shall be
provided with the proposal.
Proposer shall be required to be insured to cover all unauthorized transactions due to theft or loss of
a card.
17. Key/Card Lock Device Invalidation Liability: The Contractor shall be responsible for purchases at
any of its key/card lock sites after eight (8) hours has expired following notification of invalidation.
The public agencies covered by this agreement shall be responsible for purchases in the first 8 hours
up to $50.00 after verbal notification of invalidation. Each proposer shall describe additional
dollar limitations (if any) available in regard to agency liability.
Additional dollar limitations: In consideration of additional specific dollar limitations, TVF&R and
the City agree:
Not to place applicable security codes on key/card devices; and
e To cooperate with Contractor in identifying the person(s) responsible for charges in excess of
the agreed upon dollar limitations.
18. Valid Vehicles: Purchase charges for valid vehicles shall be paid by the agency. Any charge not
corresponding to a valid vehicle shall be deducted from the billing and the Contractor shall be
notified.
19. Cardlock Systems Cards and Information: Contractor shall provide the necessary card(s) for
initial and follow-up issue. Upon receiving a request for additional card(s), the contractor shall
provide the additional card(s) within 3 working days of the request. Printed instruction, information
sheets, on-location instructions, and fuel location maps shall be provided for each card when
requested, updated and/or changed at no charge. Replacement cards will be provided at no cost to
TVF&R or the City.
20. Billing Report/Summary Statement: The Contractor shall provide a semimonthly (the 15`h and the
last day of the month) summary statement to each public agency, within five (5) business days of the
end of each billing cycle. All reports shall include fuel price charge, number of gallons, type of fuel,
vehicle ID or license number, odometer reading, person name or ID number making purchase, site,
date and total volume of all fuel types.
Contractor must be capable of transmitting billings electronically to each agency in an ASCII format
(".txt" file) that is in comma delimited format and is readable by TVF&R's and City's vehicle
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 12
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
information management system. Proposal shall include sample billing reports, and a report on 3.5"
floppy disk or CD-ROM for comparison and compatibility to existing software. Proposer small
provide 2 disks, one for each agency.
Summary statements must include identification of each department/agency and the charges per
department/agency. Summary reports shall be sent to Accounts Payable, TVF&R, 20665 SW
Blanton Street, Aloha, OR 97007 for TVF&R purchases. City statements shall be sent to Accounts
Payable, City of Tigard, 13125 SW Hall Blvd. Tigard, OR 97223.
21. References: Each proposer shall submit a list of three (3) current customers (priority given to other
government customers) using existing fuel sites in Washington County, Multnomah County or
Clackamas County. The list must include. name of City, County, and/or State Agency; or if private,
company name, contact person and telephone number.
22. Qualifications: Responding firms shall provide sufficient information to demonstrate the firm's
qualifications to meet the requirements in this RFP. Proposer shall provide a list of previous
experience and performance on projects of similar scope and size as well as vendor's qualifications
and experience of personnel.
23. Pricing:
a. The price per gallon shall be the proposer's mark-up cost over transfer price per gallon. TVF&R
and the City will pay only a price per gallon.
b. Markup cost shall include all of the proposer's costs over the transfer price of fuel. For example,
but not limited to:
• per transaction cost
• costs associated with initial setup and distribution of cards
• costs for additional cards
• accounting fees
• emergency power requirement costs.
c. Markup cost shall not include wholesale purchase price or applicable taxes.
d. No finance charges shall be charged for payments made within 60 days of the billing date.
e. TVF&R and the City understands that the Contractor's price is based on the site transfer price,
which varies at different sites, reflecting variations in transport cost and site expenses. TVF&R
and the City also understands that the site transfer price is based rack averages for that market,
and that the price will vary over time depending on fluctuations in rack prices. The contractor
will base its price to TVF&R and the City on the site transfer price plus the quoted mark-up cents
• per gallon.
f. Sample Pricing. For the purpose of determining the cost to TVF&R and to the City, the Contractor
will base its price to TVF&R and the City on the site transfer price plus the quoted mark-up cents
per gallon.
24. Alternate Service: TVF&R and the City reserves the right to contract with another key/card-lock
vendor, whenever service cannot be performed by the contractor within a 5-mile radius of a need.
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 13
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
ADDENDUM #1
REQUEST FOR PROPOSAL
FOR
FUELING AT CAPTIVE SITES AND FOREIGN SITES THROUGH
THE USE OF COMMERCIAL AUTOMATED (KE'Y/CARD-LOCI-.
FUEL SYSTEMS AND FUEL DROPS
Proposal by Tualatin Valley Fire & Rescue and City of Tigard
Date: August 28, 2001
Section Two, C. 24. Alternate Service should read as follows: TVF&R and
the City reserves the right to contract with another key/card-lock vendor,
whenever service cannot be performed by the contractor within a 2-mile
radius of a need.
a
3
ADDENDUM #2
REQUEST FOR PROPOSAL
FOR '
FUELING AT CAPTIVE SITES AND FOREIGN SITES THROUGH
T19E USE OF COMMERCIAL AUTOMATED (KEY/CARD-LOCK-)
FUEL SYSTEMS AND FUEL DROPS
Proposal by Tualatin Valley Fire & Rescue and City of Tigard
Date: September 7, 2001
Section Two, C. 9. Emergency Power Backup Fuel Supply_ "Additional
wording
A mobile fueling system may also be used as an acceptable means of
providing emergency backup to the designated fuel locations as long as at
least 3 mobile fueling systems are available for TVF&R and the City's use
in the case of an emergency.
Section Two. C. 14. b. Captive Sites 2.1: "Correction on number of
gallons
2.) Two above ground tanks located at Aloha Station (62), 660$ SW 209th,
Aloha, with 1,000 gallons gasoline and 1,000 gallons diesel.
EXHIBIT 'B'
SELLER'S PROPOSAL
Purchase Agreement amended 8-01-01 2
ualatin Valley Fire & Rescue
& City of Tigard
Fue] Proposal
Due Date September 11, 2001
Bretthauer Oil Company
fining at Cj)&wSire: and Forage SiL-,
through the use fCom x7dalAuro=t~
(Key/Cad lodz)Fuel Syae r and Fuel DroFS
r
ce.~ e
Technical S 9fcations and Requirements
list of available foreign sites for automated key/Cardlock locations within a 1-mile radius of stations listed on page
10, C14 of RFP.
a. Fuel drop bcations
I.) Alcove ground on-road diesel tanks
Sherwood Station (33), 655 NE Oregon, Sherwood with 550 gallons
Cornell Road Station (60), 8585 NW Johnson St, Portland with 550 gallons
Somerset Station (64), 3355 NW 185", Portland with 550 gallons
Brockman Road Station (66), 13900 SW Brockman Rd., Beaverton with 550 gains
Cooper Mountain Station (69), 9940 SW 175", Aloha with 550 gallons
Hill Top Station (50), 19340 SW Molalla Ave., Oregon City with 700 gallons
2.) Above ground unleaded fuel tank:
Hill Top Station (50), 19340 SW Molalla Ave, Oregon City with 300 gallons
3.) Underground off road diesel tank:
Tigard Police Department, 13125 SW Hall St, Tigard with 500 gallons
4.) Above ground off road diesel generator tanks
Tigard Water Building, 8777 SW Burnham St, Tigard with 250 gallons
Canterbury Reservoir, 10490 SW Canterbury Lane, Tigard with 250 gallons
Tigard Gaarde Reservoir, 10201 SW 119" Place, Tigard with 500 gallons
Tigard, High Tor Reservoir, 14255 SW High Tor Drive, Tigard with 500 gallons
Regional Training Center, 12400 SW Tonquin Rd., Sherwood with 250 gallons
3
i Administration Center, 20665 SW Blanton St, Aloha with i75 gallons
Wilsonville Station (52), 29875 SW Kinsman, Wilsonville with 175 gallons
Progress Station (53), 8480 SW Scholls Ferry Road, Beaverton with 175 gallons
Elligsen Road Station (56), 8455 SW Elligsen Rd., Wilsonville with 275 gallons
Aloha Station (62), 3608 SW 209°i, Aloha with 115 gallons
I Somerset Station (64), 3355 NW 185, Portland with 175 gallons
i
Brockman Road Station (66), 13900 NW Brockman Rd., Beaverton with 16S gals
f Cooper Mountain Station (69), 9940 SW 175" Aloha with 175 gallons
b. Captive 9tes: These are currently tied into the Pacific Pride system with fuel billed as it is used Any
costs to change the existing software/hardware at captive sites shall be the responsibility of the vendor.
1.) Two underground tanks located at City of Tigard Water Bldg., 8777 SW Burnham St, Tigard, with
2,000 gallons gasoline and 4000 gallons diesel
2.) Two above ground tanks located at Aloha Station (62), 3608 SW 209°i, Aloha, with 1,000 gallons
gasoline and 1,000 gallons diesel (as per Addendum #2)
c Commercial Automated (Key/Cardkxk) System Contractor shall supply the closest address of their
commercial key/Cardlock fuel system that these locations listed below will fill up at fuel sites shall be
within a 2-mile radius of these locations:
1) Sherwood Station (33~ 755 NE Oregon, Sherwood for unleaded fuel only: &d&mer 0I aq ao,Y
bar ao jik within a 2-mk radian of din /o aka //owe►e, or base ewdW a map afinexW
Pac & Pade karhoe m & saw Pkarr .sae Attadwat 29 14-4 far Paak Pride fmfog, F&
Barak
2) Tualatin Station (34), 19365 SW 90" Court, Tualatin for diesel #2 and unleaded fuel: daaer
Od fanpaaf bar re o* widen a 2-o& iadiar of dir kambx Ho►ees z, im bate endW a
map of a mw Paak Pak /owaff m thin sratioa . Pkasr me Attadmeot 28.14A for Paafx
Pride faafag ff& Pet&
3) King City Station (35~ 17135 SW Pacific Hwy., Tigard for diesel #2 and unleaded fuel:
B v6m,er 01 Comprany har as a►-wife Iaieigy rite at /BOSS d{Y 71'' 41e004 Tigard AV If
widia a 2-r»d~ ro Gf tbu /OOata a /'dare see A20meat 2-814-4 fir Paafic Pnde fae6ag
Site Detar2lc
4) Wilsonville Station (52), 29875 SW Kinsman, Wilsonville for diesel #2 and unleaded fuel:
,fta6aaer 0? fQmMr bar ao aradabk k rep srte at 288S5 SW A veer ferry Road, Wftovih
dat a widia a 2-n a radar of dir k a&& Pkaw see Amidima 2A/4.A for Pa6k Pale
faeliag.l~ Dletasfir
4
r
5) City of Tigard, 13115 SW Nall BW, Tigard for diesel #1, regular and super unleaded fuel:
Bmdaoer Oaf laapW Aar v ar zb* faro site at /SOSS JW 72' dwRA14 rgaid dbat it
w Mlo a Z-mk radian of As h2box Pkm me dt dimot 2A 14-4 kr Paaose Pnde fodij
A& Deter
i- '
5
Technical Specifications and Requirements (continued)
i) Contractor Contacts Bretthauer Oil Company's primary contact for purposes of the work under this contract is
Kurt Alhee, Dales Manager. The backup contact for purposes of the work under this contract is Eileen Po/an,
rice President of Mar S Marketing. Bretthauer Oil Company operates with a Team concept Kurt and Eileen
will ensure customer needs are satisfied by Bretthauer Oil Company's team. In after hours/emergency
situations, Bretthauer Oil Company has a 24-hour answering se-, * z! it will contact the appropriate staff to
respond to the requirements of this contract After hour emergency number is (503) 648-2531. Below is a list
of key staff responsible for the work under this contract
EmployeeNam e Title Phone number/Pager
A'urt Dee Dales Manz.;-:r (S03) 6/S-370 / (S03J ?39-2933
Eileen Dolan Yce President of Ja/es & 0ist1&1 on (SO3) 6/5-336/ / (503) 7312602
Kathy Zurlluh Billing S tard/odr Jervices Manager (503) 6/5--3365
Aron Balm Dispatch S Route Jupen~sor (503) 6916776
Jim Mann Dispatch S Luhe/fleet lupenisor (503) 014M / (503) 441400Y
Norm Baker Operations Manager (503) 6/5--3370 / (503J 3/3-7905
Michell Nay rice President of Maze (503) 615--3369
Please see ataded 16ani ; (Attadment 2C/A) kr ead emplowe f~ ahore
2) Prices and Tens: Bretthauer Oil Company represents that all prices, terms and benefits offered by Bretthauer
z
Oil Company in this agreement are equal to or better than the equivalent prices, terms and benefits being
offered by Bretthauer Oil Company to any other federal, state, or local government If Bretthauer Oil
Company, during the term of the agreement with TVF&R or the City, enters into any contract, agreement or
arrangement that provides lower prices, more favorable terms or greater benefits, to any other government
body, the contract with TVF&R or the City shall be deemed amended to provide the same price or prices,
terms and benefits. This provision applies to all comparable products, supplies and services provided by
Bretthauer Oil Company.
6
3) State and Federal Tax Exemption: Bretthauer Oil Company shall process all the forms necessary for the state
and federal fuel exemption claims (if applicable). No additional charges will be allowed for exemption
processing or tax withholding requirements. (Please see Attachment ICU).
4) Material Safety Data Sheets: At time of contract signing by Bretthauei- Oil Company, Material Safety Data
Sheets (MSDS) for each product shall be provided by Bretthauer Oil Company and made part of this contract
and as new or updated MSDS become available, Bretthauer Oil Company shall forward copies to be placed on
fife meeting the requirements of OAR 437-155-15.
s) OSHA Requirements: Bretthauer Oil Company shall comply with conditions of the Federal Occupational Safety
and Health Act of 1972 (OSHA;, and the standards and regulations issued there under, and certify that all
items furnished and purchased under this order conform to and comply with said standards and regulations.
Bretthauer Oil Company further agrees to indemnify and hold harmless each purchaser from all damages
assessed a purchaser as a result of Bretthauer Oil Company's failure to comply with the acts and standards
there under and for the failure of the items furnished under this order to so comply.
s) Training. Bretthauer Oil Company shall provide training materials for TVF&R and City personnel in the proper
dispensing of flammable liquids and fire safety training in accordance with OAR 837-010-055. Bretthauer Oil
Company shall comply with the current and future regulations in this area. Bre&Awr 09 Ca+npanv armpli f
wig *e bailing ierpz,#msts by pmWRa kital bm r&q mffisg &5t eadr &x a vew• acroant it opemd
and by prong as annsal m~isg a/fap ra/elr baining am Bmtbianer Od lompaoy afro pm,r a 6m
nk r baining in * him of a power paint pwsta* wh ab ir ardWe span m7oert
7) Instruction, Service and Site Inbrination: Bretthauer Oil Company will supply to each department for TVF&R
aad the City, promptly upon phase-in and within five (5) working days after request, at no charge:
a. Written instructions for using the key/card-lock system (A&0 .tee attand Attadmeot 1CV)
b. Notice of change in avalability of services (plrare .m altadeed Abdinest ZU.B)
L Notice of any addition or deletion to site changes (pdeare ee ?&;a d Attadxe,7t ZCZ9
s) Hours of Operation and Problem Notification:
a. Key/card-lock sites shall be accessible 24 hours a day, 365 days a year (or 366 in a leap year). Ail
PacilK Pride #etwonF cnmsrerora/ asmmatt'd wdortir am open Zq honir per clay 3dS dayr per rear
(366 in carer ofkap yea)
7
4
b. Telephone system to notify main busine<s office of a problem at the fuel site: ft is a ragaaamot of ge
Pao* Pride oetwark cat aff cvmmmW aatoma&d caidloafcr lave a pay pbooe krated oo ge premaa
9) Emergeucy Power Backup Fuel Supply In case of an emergency power outage, the Contractor shall have 24-
hour on-tall emergency power for on-location fueling at fuel locations agreed upon by the Contractor, TVF&R
and the City. The locations given below shall be equipped with portable generator adapters or have certified
internal back-up power system for operation during an emergency power outage to support emergency back-up
fuel supply. Charges for fuel shall be the same as normal fuel card-lock usage.
The designated fuel locations to be considered for emergency backup power shall be in the general vicinity of
these locations and agreed upon with TVF&R and the City:
a. The Beaverton Area
b. The Tualatin Tigard Area
c The Wilsonville-West Linn Area
The Contractor shall provide personnel to operate and maintain the a en bade-up power at the
designated locations: dr per Addeadam 3#2, Pr 64#er OW Company as A tank bad do at are egaipped waLri
mobk &et 15efog slsdm Ibese mobk f yet JSe&g, .c 3s off he dmpatJed to aovl2ff of dye mar
&W ahoy is ge ewwt of air esvaergr'ocy power oz4oe wleo oodfxd by liFAR and/or uty of Tigard
Addidvoaffl, Breddaaer OW tAmpany eperaks a Paafr Pnde aadtoated wnwnxd Car 1W at ge fliAlero
Wasbiogtoo Itreet Avcavoo ihat T egaipped w6 a fvffl operational geoewor m power Cardbafr fang
station in * emat of power oataga
The actual hours of operation and response times shall be dependent on the demands and needs of any
particular emergency. Hours of operations can range from a 24-hour per day requirement to predetermined
hours of operation as established by TVF&R and the City. Actual hours of operation shall be coordinated with
the contract administrator for the particular emergency.
The Contractor shall be required to establish a 24-hour per day continuously operational communication
notification system to respond to this requirement Bre aver Off Company almady & io place i 24yboar
per day Coobnooasly ofiffid vnal mmmaniratinn 90062&1 #YAW m sadrly df'a' regaoeMOt Py SBV*
Calling oar nwfl plow due, daring or afmr loafs of oofmd operadmo, (SO) ,%2S31, ge Vp zpm&
member of gletdmier Oi Company's stall' wiY he oohed m rerpvod m de 1eq# srrentr of fir cnobad
wxeroing emerpocy power lraofap W sappy
io) Environmental Conditions: Regarding commercial automated fuel (key/Cardlock) sites, each site shall be well lit,
dean and be in an open area as to provide a safe environment for 24-hour use. Ali approved sites shall have
functional fire extinguishers (that meet state and/or local Fire Marshal requirements and shall have posted
emergency telephone numbers for use in case of problems, and shall provide locally owned pay telephones
s
and/or emergency telephones. Bretdeaaer Oil Company ir a member of 03e Padfx Pnife Con mernikl fvdiog
Network wW bas estabfabed standards cvoMMOff Me deanRnesr, frgbdnp emergency sign posting pavnce
of pay mkpbonrs and ke Wogurrheri Ar part of & fraodme gtawot wilt Paafx Pf* each sire
must conduct woval site insos to ensore gat a# of the akw mmndoned mquirameotr are king
.added. Addrdivoa, end site it subject to anneal Iak of Oregon fire Marshal fire Iafety aad14 doriog
rrbrab dine E&e hate fire Marrbal abeaa for appmpnak- opge moceroing fuddirpewog szety, emefpoq
shot off, ao-.rr kog, reyairemen4 and 6a* for ge pretence of foHmoviq bm erdagnirbac
7i) Spillage and Cleanup: The Contractor shall be responsible for all spillage, which may occur during transit and
unloading operations for both fuel drops and captive site fueling. The Contractor shall immediately report any
spillage to the Contract Administrator for that site and dean up the spillage according to applicable EPA and
State guidelines and requirements. Failure to do so will initiate corcctive action and back charge to the
Contractor of any incurred costs. Bretdiauer Oil Company his &v pmWiog bodr 7WR and de Gty of
rp d kaf 6ivffO fuel dmps and quhm site kafog. Bremfaaer OF Company has very sMSeot pn/Ides
rrgarding nohJdiog proteduref and racy gaafdied and erpe,*vad diAra who am dorougb/, Paioeid
regarding nor prv&,ffrrc d'remSaner Oa Company bas two recvgnaed ar baring a racy deal record in ga
regard and bas deer recvgoaed wild tde 7fmW Cami°r" award for our sak baafing pradxE ft a Oe pd
of Bredaaer Oil Company to prert'nt any spdh and the necrary deannp of spas by adhering m req
medcvfoos and 6orvngh pofiaa and proredura fn the event of a spit Bretdraoer OF Company meet a®
regniremendr cMUMMBg sp&P and deanop, and mmp/y W6 all EPA and hate guiddioes and AVvirnrnentc
concerning sp aad dWffp.
92) Fuek The Contractor shall have a currently functional automated key/card-lock system for purchase of gasoline
and diesel fuels meeting the following requirements:
a. All motor fuels shall be free from impurities including, but not limited to water, dirt, harmful oil, fibrous
materials, and other petroleum products or contaminants.
b. In case of damage directly traceable to the contaminated motor fuel at a site, the Contractor shall be
f responsible for the damage costs.
c. Fuel storage tanks shall comply with current and future Federal and State Regulations as implemented.
d. All fuels shall comply with applicable industry and government standards and specifications.
i
e. Regular unleaded gasoline shall have a minimum octane rating of 87.
L Medium duty unleaded gasoline shall have a minimum octane of 89.
a g. Super-unleaded gasoline shall have a minimum octane rating of 91.
h. Diesel fuel shall be (on road) #2. Diesel fuel shall be winterized to industrial standards for the area.
9
a,
Bmttbaaer 01 Company meets or ercoe+dr al/ of bbe ahvre nVnimmieots
13) Fuel Availability The Contractor shall maintain supplies of regular unleaded gasoline, super unleaded, both on-
road and off-road diesel to meet fuel requirements for TVF&R and the City on a 24-hour per day and 365
days per year (or 366 days in a leap year), during adverse weather conditions, National and State (Civil
Defense) emergencies and fuel shortages.
The Contractor must be able to provide both gas and/or diesel fuel anywhere in TVF&R7s and City's jurisdiction
with a minimum 2-hour response time. The Contractor is requited to provide an emergency response contact
number that is available 24-hours and 365 days per year (or 366 in a leap year). If Contractor charges an
additional fee for this, it most be stated in the Contractor's prices submitted in this RFP. Bmtganer Oil
Company a a* to pmnide Alioor per day and AF day per year (Mi days per year k rases of a kap
year) ewepnry mspeore fifel&aner OF Company prom a 24boao per day emetgnry answering
and a ahk _ a a minimum ofMoais m e wge#cy W ddlwiy: Nkm*aaer Od aw puny wB
ob XV par der we emq dermyks needed oam& of oar nomml boars of ope►abna Onr
oomla/ oo~r ofopmAbo are 700 am Omogh .500 pm Monday drriogh fiiday and 800 am b3roagh /L00
pm off famiday We am dared oo the Model Imph d hofA*)r A'ew /evr's Day; tkmonW Pay; *6 of
r! ankrgm, Pay and Gbraboar Day /o b3e erect star a mgoirn+d, the tee wi0'
be $80.00 per boor.
e-mini um fuel inventory required at the captive sites shall be no less than 1,000 gallons. Contractor shall
monitor all fuel inventories at captive sites on a daily basis. Please state how you monitor fuel usage.
8mtbbauer OF Company cw e,7* pionder the fuel for bath 11FM and City of r1p s rapdre siE
Nh-& aner Oil Company mrooikois de hd krentn y km& drongh the are of an Aammated feel Management
Iyslarn AT sp*m #a& end bansacrioo that acrais at & rapdre v& and krrepr on-ping iamo g,
kwk whiab am Imonbred dioaghoat ead day m earam as ade jaate mreomry kre/ for aQ feel prvdacbr at
28 rapt+re ,V& /aatroac fact day a mmacflatioa IF peoformed of at baosa"ns diet ocrarmd at each Of
the rapbre sikE k addition m the dat oevnimiiog of iareotxy krelr at d e rapine sites at IWO and die
6% e.0 Amp a ddrrry it made to either cyom ge W kral am mmocikd Air a acmmpfiked rxa
de diner bang a mega( fed knd im iog upon eu* derlrery m a capture site and aEog Mr iolbmabboo
into the Acmrrnt%ng tpeazrot in the hoot ad" at BmMt6aoer Od Company The Accounting Ipe~lfrt then
mmpams the wading to the kn* indicated is the Aammated feel Mao2ge1mat f)V= One additional
mmndfiadvn a dune at 1=6 end by &Vog a madiog at mrdnight on the fact day of eat month Air
madiog k lEwffakd m the kwavy kirl in the Aatbmated fael Manq&mot fYSAW
14) Fuel Site Locations: Proposer shall provide a list of commercial fuel sites and the locations available.
Bmtdianer Od fompany pmndes acrw to a8 sites withio the Paafc Pride Commr'roal faerng kiwalk
Please see attao4ed Attadmeat lC/4.A Padfk' Pride /.ocamns Oir"ry. Below is a list of fuel locations of
TVF&R and the City.
10
l'
f
t
a. Fuel drop locations:
I.) Above ground on-road diesel tanks:
_ Sherwood Station (33), 655 HE Oregon, Sherwood with 550 gallons
Cornell Road Station (60), 8585 NW Johnson St, Portland with 550 gallons
t Somerset Station (64), 3355 NW 185", Portland with 550 gallons
Brockman Road Station (66j 13900 3W Brockman Rd., Beaverton with 550 galas
Cooper Mountain Station (69), 9940 SW 175n, Aloha with 550 gallons
i
Hill Top Station (50), 19340 SW Molalla Ave, Oregon City with 700 gallons
t 1) Above ground unleaded fuel tanl`
1 Hill Top Station (50), 19340 SW Molalla Ave., Oregon City with 300 gallons
3.) Underground off road diesel tank
Tigard Police Department, 13125 SW Hall St, Tigard with 500 gallons
4) Above ground off road dresd generator tanlac
Tigard Water Building, 8777 SW Burnham St, Tigard with 250 gallons
Canterbury Reservoir, 10490 SW Canterbury Lane, Tigard with 250 gallons
Tigard Gaarde Reservoir, 10101 SW 119°i Place, Tigard with 500 gallons
Tigard, High Tor Reservoir, 14255 SW High Tor Drive, Tigard with 500 gallons
Regional Training Center, 12400 SW Tonquin Rd., Sherwood with 250 gallons
Administration Center, 20665 SW Blanton St, Aloha with 175 gallons
Wilsonville Station (52), 29875 SW Kinsman, Wilsonville with 175 gallons
Progress Station (53), 8480 SW Scholls Ferry Road, Beaverton with 175 gallons
Elligsen Road Station (56), 8455 SW Elligsen Rd., Wilsonville with 275 gallons
Aloha Station (62), 3608 SW 209; Aloha with 175 gallons s
Somerset Station (64), 3355 NW 185", Portland with 175 gallons
Brockman Road Station (66), 13900 NW Brockman Rd, Beaverton with 165 gals
Cooper Mountain Station (69), 9940 SW 175". Aloha with 175 gallons
b. Captive Sites: These are currently tied into the Pacific Pride system with fuel billed as it is used. Any
costs to change the existing software/hardware at captive sites shall be the responsibility of the vendor.
lid
I.) Two underground tanks located at City of Tigard Water Bldg., 8711 SW Burnham St, Tigard,
with 2,000 gallons gasoline and 2,000 gallons diesel.
2.) Two above ground tanks located at Aloha Station (62), 3608 SW 209° Aloha, with 1,000
gallons gasoline and 1,000 gallons diesel (WrAddeodam #2~
Note: The Aloha Station captive site is also utilized occasionally by other outside
agencies including Washington County Community Action Organization, Hillsboro Fire
Department and Washington County Sheriff's Office with the vendor billing these outside
agencies separately. TVF&R's permission is required for these agencies to utilize this site.
Proposing vendors shall be required to get TVFVs approval for outside agencies to use
this site that currently has 24-hour access. /lrealaner OV Comnpaoy cr die mrrrot
reodor kr IYfM ra,##w a& and bas wnrW w0 MIR to iideohfr w6il oudnde
modors IM weber to grant aooa to heir rdpow sig and has A" 6w agrom
sepm&.* for deir mp of IM's genre .tile
c Commeraal Automated (Key/Cardb&) Systerm Contractor shall supply the closest address of their
commercial key/Cardlock fuel system that these locations listed below will fill up at Fuel sites shall be
within a 2-mile radius of these locations:
1) Sherwood Station (33), 755 HE Oregon, Sherwood for unleaded fuel only: Bretdaaer 01 Company
bar so .rite widio a 2-wk radian of drs /ociftoa //owner, we barn endured a map d nevw
Pacdx Pride /nraboa m dr statux ftm see Ahadmmt 29 141 for Pa6c Pride fodlog J&
Detaadc
2) Tualatin Station (34), 19365 SW 90" Court, Tualatin for diesel #2 and unleaded fuel: Ramer
Of Compaof bar so srte wigio a -7-xk radian of Oir kanix hImerer, wr bare endzn°d a
map ofoearrat Pacific Pdde /ocaho®m din smog Pkw see Attadmeot 2914.4 for Pardre
Pride faellog .Tile D!&&
3) King City Station (35~ 17135 SW Pack Hwy., Tigard for diesel #2 and unleaded fuel:
Birtdaaer 0r1 Company bar w kny gn rite at /BOSS JW 72'' AwflM rgaid dat is
widio a 2-rn* radla of dtr habuo
4) Wilsonville Station (52), 29875 SW Kinsman, Wilsonville for diesel ##2 and unleaded fuel:
Brrhkaaer Od Company bat an araifabk foreign site at X.M JW Avoer ferry Raad PlAgink
dat a widio a 2-ink rdim of & k ahvi Pkare mere Amrafmmt 2910 for Pad& Pride
5) City of Tigard, 13125 SW Hall Blvd., Tigard for diesel #2, regular and super unleaded fuel:
ffw*oer Of Company bas as a►aWk fmvp site at /SOBS JW 272' Arrou4 rgwd dot a
widio a 2-m* radius of dir k atmn. Pkare .see Attacbmeot 28 14A for Pac& Pride foerrog
Sri Pewk
12
15) Key/Card-Lock Device: Contractor shall provide the Contract Administrator with the required number of
key/card-lock devices for dispensing motor fuels. The key/card-lock system and devices shall have individually
unique characteristics to provide maximum-security measures to protect our agencies from fraud. There shall
be two types of systems, one being a single key or card and the other being a dual card system. Each
system shall have a code ID to identify the driver fueling and the vehicle. Upon receiving a request from the
Contract Administrator, the contractor shall provide the key/card devices within 3 working days. Each proposer
shall supply samples of forms used to issue the key/card devices. There shall be no charges for the issuance
of key/card devices.
Bretdaaer Oil Company amea* pmrides hod 7WSR and Gay of Tigard their Paahc Pnde Commercial
fang Cxdbdr am& t AOver Oct Company An bod a single card #Ymn wad eaa3 diner being
arced a card, and a dual card 95&R; which requires de ffz of hod a dn►er card ad a Wi& wd la
hog the single and system and the dual ad system them am m wno, measures io phice to plu de
n imam .smrly and pre►eot the haadaknt use of the agencies a n& FW driver raid rayairns aA
kdn,dkl& j, anigae Penoml ldenthwwo Aamher (PIN) W /d each ad order iegaeg de raids are awed
and marled separatt, hom de PINE This ts• done to p1mat the possA?* of an 7naaa5orm9d person
ohtvining ynar new raid older and being able to ase yoor raids haadokadt:
/n hod de single card system and de dual acrd sn&A the atpabtyrdy for #adang the rehxk aw&&d wad
eaad fang tranwcaun is poscihk- /n the smgk raid systen; the mrr Weom heyhaard optima can he
act+rated m eaahk the driver m panda in the mehi& number daring eadi fuel dirpeosMg t►aasrrrb`on. The
dual card system was designed m tradr de mhrde asrodated wlg each fang t*aosacdnq ad derekmre
iegaires the use of de rehiah we hefwe the system wl aldvw the prodad to dtrpeuss~
Regaestr hom the Concha &Wlizibamr for new ands wig he faMd whin 3 woddng days Bit O=er Or7
Company wr1 accept Cardkdr regaem dmagh eider amrpktion of a Cardlaaf kVvest form (me AlWmeut
LC/SA) or by e-mail Comp &d Card/oaF kyffest Amns Am& he Axed m de 6aF Oromr'r knn
kyrer L,7&* at (50~! D 4S/8. f-fl& regaew shoals & seat m d h~etthaaeram aaer OY ~
Company W not dao for de zmwar cf key/card dam c~ -
16) Key/Card-lock Invalidation: Contractor shall have in place a system that will receive and respond to an
invalidation notification within eight (8) hours. Notification of a misplaced or stolen key/card device shall be
provided immediately to the Contractor by each user of the misplaced or stolen key or card that requires
deactivation. Literature shall be provided by each proposer explaining its invalidation notification methods and
procedures. A sample of this literature shall be provided with the proposal
Proposer shall be required to be insured to cover all unauthorized transactions due to theft or loss of a card.
Bretdaaer Oil Cawpany has a system in place m maiw and respond m inrd1d56ou noA5i26co a618 eight
(8J hoar Bretdaaer Oi/ Conrpaay's inrdIdaOon notthration methad a done via de Cardlark Request form
(see Attaadment LC/S.A) Imractavra for ammpkwa of the Cardlodr Request form and ft&aaer Oil
Company's inrdidam oo0 calioo medod are attached in Attacidrnent 2CI58 kction 3 of the Cardbdr
Rbgaest form it a& to inform Bretdaaer Oil Company of any raids myoinog kralidaM7. This form must
13
be f~edout pk~l' and bared to fe Caid/od CRSmmer ferniCe Peprerewwl at ATAlfr 01 Company,
fir numher (SD.IJ ff#4.f18. kill nobficatfons may 2& be done rid a by sending ima/idadion
re~gaatr m &jW6, 04auer. IhAdatioR RobfraW- wN he prta=& mzmedrab~ly 90V receipt of
de i,ra/rdaboB RotdkatinB /mm IYf&R or tfre Gty. Pac~ir Pride ppilbmu ima/~dadnnr once a day at 900
pm Brel&auer 01 Company andeands dad admorrftper Lbat My dares m cards for II a 111fr11,
of inra/idab"on war rear ft& and kr whrd MOre &V B hours of timoe has a4wd since ge re[eipt of die
noff.&, ofin►alida* wN be b e rerpoari6ddy ofAIdAuer Oh' Compaaf:
17) Key/Card Loafs Devine Invalidation Liabildy, The Contractor shall be responsible for purchases at any of its
key/card lock sites after eight (8) hours has expired following notification of invalidation. The public agencies
covered by this agreement shall be responsible for purchases in the first 8 hours up to $50.00 after verbal
notification of invalidation. Each proposer shall describe additional dollar limitations (d any) available in regard
to agency liability. Bredauer V.? CumpaRr does Rot bare any addrtroaa/ doer kizrb&z dad r►rO &
respoasiM for porch s made after ge . first eight hoRrs Ar writfin aod"WO d iR►afrdab`od: Writlea
Roblcawe of krifrdahav may 6e aanmplahed w ge atimpkwu aBd faxing of bbe Card(odr kyffest form
(see Attachment ZCISJ) to 6e CardkdF Ca wff Serrxe kpmcrB&&r or by ema&kg &e Robfuz6,v of
iR►afrdaboa to ka*iftedauermm
Additional dollar limitations: In consideration of additional specific dollar limitations, TVF&R and the City agree:
❑ Not to place applicable security codes on key/card devices; and
❑ To cooperate with Contractor in identifying the person(s) responsible for charges in excess of the
agreed upon dollar limitations
18) Valid Vehicles Purchase charges for valid vehicles shall be paid by the agency. Any charge not corresponding
to a valid vehicle shall be deducted from the billing and the Contractor shall be notified. BietAauer 09
Company rri® rerrfy, car regRerb brat aO darter m IYfdP and de City are for purdarer made 6y &e me
of a ra/Id driver card by darge dot cnrrffp sdrRg m a raid ►2 wf9 & dedRCad 6mn Ae 61liog.
Purdase darjs kir II WAf k mardered eld d '.W acrirr dinar Geld is aced M rnRjaol w16 a
ill Gard that mrmwads to &e drmw aazmunt for mxampk 6t a 6iy of rgard W,?&r &parlmeat
driw card f omd is mnjunc&# with a Crty of rgard Pofice &par,*w,7t vehicle card, that pardare darge
wit & mosrdered rabd
19) Cardlock Systems Cards and Information: Contractor shall provide the necessary card(s) for initial and follow-up
issue. Upon receiving a request for additional card(s), the Contractor shall provide the additional card(s) within
3 working days of the request Printed instruction, information sheets, on-location instructions, and fuel
location maps shall be provided for each card when requested, updated and/or changed at no charge.
14
Replacement cards will be provided at no cost to TVF&R or the City. Boetdaaer Oa Company a' afire to ME*
aH AV1618WR& mnceming Card/odr .rysterm' aids and inlbimaboa
20) Billing Report/Summary Statement The Contractor shall provide a semimonthly (the 15" and the last day of
the month) summary statement to each public agency, within five (5) business days of the end of each billing
cycle. NI reports shall include fuel price charge, number of gallons, type of fuel, vehicle ID or license number,
odometer reading, person name or ID number making purchase, site, date and total volume of all fuel types.
B1etdaner OJ Company cnimndy provider a semmmadly td/'q, k7r 6aog p=6 eading the and de
/art day of ead mend to hod 700 and de Oryr Tbis bang .rlateax'at it rapa* Of providing al/
isfon aftoo fad abort provided fmd1odr cards bare heea iqamW to .vet-cap providing ge ikkmrah`oa
/stetd abort and provided de odome&r madings am held ram the mirce&eoa k*aid opma daring
each kading transac#iva Pkarr see de eadare+d Atlac§ment 2C20.A fora sample mpoit
Contractor must be capable of transmitting billings electronically to each agency in an ASCII format (.txt" file)
that is in comma-delimited format and is readable by TVF&R's and City's vehicle information management
system Proposal shall include sample billing reports, and a report on 3.5" floppy disk or CD-ROM for
comparison and wmpatibility to existing software. Proposer shall provide 2 disks, one for each agency.
Bmt&7ver Od Company ailmady plunder a iepwt meeting de spe hizi vas a6,iw & 7Wf& fietdaaer OV
Company An de a pWzq m ma0aae pmW&I & iepw m 1W& and m pmride a smitr mpor4
meeting a// of de speokihbos L& abvrr; m de Gtr: Please see Attadmpnt 2C20.8 for a sampk of da
iepoit
Summary statements must include identification of each department/agency and the charges per
department/agency. Summary reports shall be sent to Accounts Payable, TVF&R, 10665 SW Blanton Street,
Aloha, OR 91001 for TVF&R purchases. City statements shall be sent to Accounts Payable, City of Tigard,
13115 SW Hall Blvd. Tigard, OR 91213.
21) References: Each proposer shall submit a list of three (3) current customers (priority given to other
government customers) using existing fuel sites in Washington County, Multnomah County or Clackamas County.
I The list must include name of City, County, and/or State Agency, or 9 private, company name, contact person
and telephone number.
i Bietdaner 01 Company's & of kkieacar
i
Name Contact Penns ride Phase aamher
City of genre on Crab 02wkird fleet foperdisor (503) S24f-2207
Bra►eitov Ii w'offm Larry fEWer lapenntendent (S03J 672-1726
OLVWater.len7irs Dane .fhih field OpM&N (5031 84-7099
~5
Ell
22, Qualifications: Responding firms shall provide sufficient information to demonstrate the firm's qualifications to
meet the requirements in this RFP. Proposer shall provide a list of previous experience and performance on
projects of similar scope and size as well as vendoes qualifications and experience of personnel. ftdwer Od
Company bas extremely app6aM exmlwwm as Pe are de twreot fad m pmn&r for bog MI zed
de City. Bretdaaer OrI Coooasy bas bees taby rare of 76' Ms fad 'seeds over the past /3 /tars asd de
fib d Tgard for de part 12 yearn We pmride fad dropr on bode a ,baep kff service AUiF and on a wN-
caB bane We bare afro provided head-$y semier with met faeTing #Y* daring Am of es~n~ergescy wbea
ke figktiog eqaipmest was not alb to /Pare &e stew We monitor die iamotory /err/ of TYfM and the
Crty's tap w sir and make dekrenbr as neieded to essare w opmrtd /errl of fad a always pAwrt We
bff for the qv* site aW as pmdatt it gwg asd tombioe dre M71 for de apbre site mW along wig
Me osagr INC and the Crly bare wdlo tide Paafx Pride Network We provide 5emmw4 M&g
sffna ry stn&mBt, dest~kg e2d AAkdoal trawrti~z rodadisg toe diner /D de rd l& M,, odometer
&WRA prodaq gaff ift and wr pmride go kdlisg iskmaam is as Al[7/ fnfe f".,, is a '
maBBer m IYfO ("ical or dbe same day wr pmew oor Mig, Ai & a e m 7M)
Brettbaaer Od Company kas dyers a petmdeam dMhotor for tke past 70 yearn 9,T& aaer Oi Company bar
knees ao independent frwdhm of tke Pack Pnide Commend fee/mg Cardkadr Network for /S earn
Awag that Am we af°srgse4 den*ped and anplew#& M ap11ir alter &wgkast OWv and
Mu opm We are m7 pmad of the ebngerity of empbyrnest hr experience #6 many of oar sfalf Or
arerag4 our dnren ba►r years of service with BretbbaBer Od' Campasy
Once a Bert empbyww kas keen kind a rigr»roas training program it provided to emwe they art plaided
with de sea=l koow&ge asd A& m perlbnn their j9A Me safety of oar empbyeer caffi e/T and
a mmaohy tc depeodw apps the gaality of oar diners job perkznww- Ma&6,4 Btettbaaer Od Company
plans a SMS' eYOpkasrs OF empbye~e trailing aBd safety pmt( Oar new emp~byee's OW, /5 program
iododer
i New employre onratatw to edsm& ernpknv on Bret6aaer 01 Company's pow
and pmadores
ii 2 week driver baisiog penis daring. wkid km as experieaad gm d mr Oi
Company empd)ee aaompmrs sew dnwr oo roahx m plvnde fardff training
ngardiBg: t
L Ega/pmeBt
2. Prodactr
3 d►e61rry FW doors
4. Comm u
5 How to kandA- emergPBq simmoss
lit & ardoas Nakdd Training by OZ 42s rer/aired ky ODOT
16
cr Pmn" witk 0laardoar plmid CompJ~ce flndAvk for iekleice
. r. Pmy deed wd /Motor Cameir fe*rd ftvkdimu &od&vlr /or mfimoce
Ii PMAW wi& Nolih ,4 vik?# Fmipscl ware pdehwk for it*ieoce
23) Pricing:
a. The Price per gallon shall be the proposer's mark-up cost over transfer price per gallon. TVF&R.and the
City will pay only a price per gallon.
b. Mark-up cost shall include all of the proposees costs over the transfer price of fuel For example, but not
limited to.
O Per transaction cost
G Costs associated with initial setup and distribution of cards
e Costs for additional cards
■ Accounting fees
e Emergency power
c Mark-up Cost shall not include wholesale purchase price or applicable taxes.
d. No finance charges shall be charged for payments made within 60 days of the billing date.
e. TVF&R and the City understands that the Contractor's price is based on the site transfer price, which varies
at different sites, reflecting variations in transport cost and site expenses. TVF&R and the City also
understands that the site transfer price is based. rack averages for that market, and that the price will
vary over time depending on fluctuations in rack priom The Contractor will base its price to TVF&R and
the City on the site transfer price plus the quoted mark-up cents per gallon.
f. Sample Pricing For the purpose of determining the cost to TVF&R and to the City, the Contractor will base
its price to TVF&R and the City on the site transfer price plus the quoted mark-up cents per gallon.
E
17
Bretthauer Oil Company
' ® e 0
Please see attached Proposal foam for Iamole Pricing Proposal form for each of the items
sped6ed,
e • o 0 0
Locations of Company owned Commercial Cardlock
AWthauer Oil Compan cr fl-dk owns and operates 1 Commercial Grd/ockr which are located at 9S3 1W
Washington It, Nillshom Oregon and at 000 M Ile It Beaverton Oregon We are currendf in the process
of bui/ding another Caidlock /Dated at 11189 NW Amhenvood Dr- Ni//shoro Own.
Locations of Non-Company owned Commercial Cardloda within Vendor's Service Area:
Brrtthaaer Oi/ Company it a memher of the P76fic Pride Commer ia/ fueling Networ/c and therefore has accesr to al/
Pacific Pride Card/odr /oations Any Cardkrk within the Pater Pride Network a within the Iervice Area of
Bretthauer Oil Cafn
i ►
i ~
!orations of Non-Company owned Commercial Cardlodcs outside Vendor's Service Area
i
Bretthauer Oi/_Companys service area mdudes the entire Pad& Pride Commercial Cardlock Network There(orn
wherever there a AxAc Pnde Cardlock is located. It is within the 1ervim km of Bretthaaer Oil Company
99
SECTION FIVE
PROPOSAL FORM
PROPOSAL TITLE:FUELING AT CAPTIVE SITES & FOREIGN SITES THROUGH THE USE OF
COMMERCIAL AUTOMATED (EEY/CARD-LOCK) FUEL SYSTEMS AND FUEL
DROPS - -
PROPOSAL OPENING: NO FORMAL OPENING DUE DATE SEPT. 11TH 1:00 PM
FIRM NAME: __$RETTHAUER OIL CO.
Pireetions : Please' complete the sample pricing proposal form for each of the items specified. The Markup Price per Unit
i . Twill be the same for each product, regardless of item, and will remain constant for the duration of the contract. State the Site
Transfer Price per. Unit by location effective as of 7/31/01 (e.g., as if all transactions occurred on that date).
7%31/01
Item Product Unit Markup + Site = Total * Estimated = Estimated
Price per Transfer Cost Annual Annual
I Unit0) Price er per Unit Quantity Total Cost
Unit
Fuel Drops at locations specified in Section
Two.C.14.a.
1. Gasoline, unleaded, regular gallons
grade TVF&R .10 .8285 .9285 479 444.75
1 2. Diesel, number 2 gallons
TVF&R.10 .7180 .8180 26,502 21678.64
I 3. Diesel, offroad gallons
TVF&R .10 .6765 .7765 764 593.25
Subtotal 27,745, 22716-64
Captive Site Fueling at locations specified in
Section Two.C.14.b.
1. Gasoline, unleaded, premium gallons 14853.03
I grade TVF&R .08 .9435 1.0235 L4,512
Tigard 67,711 69302.21
F2. Diesel, number 2 gallons
f TVF&R .08 .7180 .7980 20,469 16334.26
Tigard 12,673, 10113.05
Subtotal 115, 365 10 602.5 5
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 16
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops
Close: 9/11/01
i
l
Item Product Unit Niarknp Site Total Cost Estimated Estimated
Price per Transfer per Unit Annual Annual Total
Unit - Priceper Quantity Cost
Unit fz
Company owned commercial fuel cardlocks. 6750 SW 110th AVE
ocations Ol: BEAVERTON OR
1. Gasoline, unleaded, regular gallons
grade TVF&R .05 _ .8592 .9092. 5726 5206.08
Tigard
2. Gasoline, unleaded, premium gallons
I. grade Ti
Tigard .05 1.01025 1.06025 1760 1866.04
3. Gasoline, unleaded, mid-grade gallons
TVF&R
.05 .92969 -97969. 0 O
J Ti d
4. Diesel, number 2 gallons
TVF&R .05 .70329 .75329 20867 15718.90
Tigard
i. Pubtotal 28353 22791.02
von-company owned commercial cardlock 15055 SW 72ND AVE
vithin. service area. Locations (3) : TIGARD OR
1. Gasoline,, unleaded, regular gallons
grade TVF&R .05 .84996 .89996 12806 11524.89
Tigard 1627 1464.23
2. Gasoline, unleaded, mid-grade gallons
TVF&R .05 .89528 .94528 437 413.09
Tigard
3. Gasoline, unleaded, premium gallons
grade TVF&R .05 .96541 1.01541 1239 1258.09
Tigard 5053 5130.87
4. Diesel, number 2 gallons
Ti .05 .74376 .79376 24473 19425.69
Tigard 0 0
.3ubtotal 45796 39369.05
!don-company owned commercial cardlocks OTHER MISCELLANEOUS
)utside service area. Locations Ol: CART)LOCKS
1. Gasoline, unleaded, regular gallons
grade TVF&R 2152
Tigard .05 A B 78 B
2. Gasoline, unleaded, mid-grade gallons `
TVF&R .05 42
Tigard 28
3. Gasoline, unleaded, premium gallons
grade TVF&R 91
Tigard 20
4. Diesel, number 2 gallons 204
TVF&R
Tigard .05 .0
subtotal
Request for Proposal for Fueling at Captive Sites and Foreign Sites Through the 17
Use of Commercial Automated (Key/Card-Lock) Fuel Systems and Fuel Drops.
Close: 9/11/01
A This RFP does not provide necessary information
to complete this section
~1K ron#-o L.r....r....... -..+•-.l .•••••a•
R Marrfin to rum=in M4.
EXHIBIT C
CITY OF TIOARD (Buyer)
STANDARD TERMS AND CONDITIONS
1. Packing & Shipment. Deliveries shall be made as specified, without charge for boxing, crating, carting or storage. Material shall be
suitably packed to ensure against damage from weather or transportation and to secure lowest transportation costs, and in accordance
with the requirements of common carriers. Buyer's Order number and symbols must be plainly marked on all invoices, packages,
bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Buyer's count or weight shall be
conclusive on shipment not accompanied by packing lists. Unless otherwise specifically agreed on the reverse side of this
Agreement, all costs of packaging and shipment are included in the purchase price and all goods will be shipped, with all costs
prepaid. Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by the Seller. Risk of loss
shall not pass to Buyer until the goods are delivered to and checked in at the location specified by Buyer in this Order.
2. Warrant . Unless otherwise agreed in writing, Seller warrants that the products ordered will conform to the specifications herein
and to any drawings, samples, or other description furnished or adopted by Buyer. All products are wan-anted to be merchantable, to
be of the highest quality design, material, and workmanship and free from defect and to be fit for purpose intended. All warranties
shall survive inspection or test, acceptance and payment. Warranties shall run to Buyer, its successors, assigns and customers.
Warranty period shall be (1) year from date of acceptance by Buyer.
3. Inspection and Acceptance. At Buyer's request, Seller shall provide a complete inspection program; satisfactory to Buyer, for
Buyer's inspection of all materials, fabricating methods, equipment in process work and finished products.
If this Order provides for inspection of the work by Buyer on site during the period of manufacture, Seller agrees to provide Buyer's
inspectors with reasonable facilities and assistance during such inspection. Inspection by Buyer shall not unduly delay the work.
Buyer may charge Seller any additional cost incurred by Buyer if the work is not ready in accordance with the inspection schedule.
Any inspection made or Waiver-of-Inspection-Notice given by Buyer will not relieve Seller from its responsibilities for delivering
products and work hereunder.
Acceptance or rejection of the products shall be made up to 10 days after delivery and inspection by Buyer except as otherwise
provided herein. Failure to inspect and accept or reject products shall neither relieve Seller from responsibility for such products,
which do not meet the requirements herein nor impose liability on Buyer therefor.
4. Delivery. If Seller fails to meet the delivery schedule provided herein, Buyer may require Seller to deliver the products, or any
portion thereof, in any manner commercially necessary to speed delivery, all at the Sellers sole expense. Unless otherwise agreed
upon in writing by Buyer and Seller, Seller shall be required to pay the nomral freight weight plus any premium rate required.
Invoices covering products shipped in advance of the date specified will not be paid until after the date specified for delivery and are
subject to rejection, as provided in this paragraph immediately below, if shipped too early.
Neither party shall be liable for delays or defaults due to strike, fire, windstorm, riot, natural disaster, war, civil unrest or other similar
unforeseeable cause beyond the control and without the fault or negligence of the party incurring such delay. Seller shall notify
DAM Buyer in writing of the existence of such cause within five (5) days after the commencement of the delay or default giving pertinent
information concerning such cause. No delivery shall be made more than seven (7) days prior to the applicable delivery date, and
Buyer shall have the right to return earlier deliveries at Sellers risk and expense or charge to Seller any additional costs sustained
because of the same.
5. Buyer-Furnished Materials. Seller shall assume all risk of loss of any material furnished by Buyer to Seller for use in performance
of this Order.
6. Taxes. Seller shall not invoice Buyer for any taxes nor include in Sellers price any federal excise, state, or city tax or any other tax,
unless Seller has first asked Buyer for Buyers tax exemption number and it has been agreed upon between both parties that Buyer is
{ not exempt from the tax.
7. Changes. Buyer may, by written order, make changes including changes in drawings or specifications. Buyer will equitably adjust
+ any difference in cost or time for performance resulting from such change and the Order modified in writing accordingly. ANY
{ CLAIM BY SELLER UNDER THIS CLAUSE MUST BE ASSERTED IN WRITING WITHIN 30 DAYS FROM THE DATE
OF SELLER'S RECEIPT OF THE CHANGE ORDER OR THE CLAIM WILL NOT BE ALLOWED.
In the event that Buyer proposes any change prior to making such change by written order and such change will have an effect on
the warranty of the products procured by this Order, Seller shall notify Buyer in writing of such effect within 10 days of receipt of
such proposal.
1 8. Advertising. Seller shall not, without the written consent of Buyer, in any manner advertise or publish the fact that Seller has
famished or contracted to furnish to Buyer the products herein.
9. Cancellation for Cause. Buyer may cancel all or any part of the undelivered portion of this Order if Seller breaches any of the terms
hereof or in the event of any of the following: Insolvency of Seller, a voluntary or involuntary petition in bankruptcy for, by or
against Seller; the appointment of a receiver or trustee for Seller, or an assignment for the benefit of creditors by Seller or if Buyer
has reasonable cause to believe Seller will become insolvent, file for bankruptcy, go out of business or that the products being
shipped may be subject to lien, claim or attachment by a creditor of Seller. Any such cancellation under this section shall be
Purchase Agreement arnendcd 8-01-01 3
oil
OEM
cancellation for cause and um the event of such cancellation, Buyer shall have the right to complete, or cause to have completed, this
Order including the right to cause Seller to produce, without liability of any kind to the Buyer, proprietary items of the Seller as
necessary to complete the Order. The remedies and damages in this section shall be cumulative and in addition to any other or
further remedies provided at Law or in Equity, including reasonable and necessary attorney's fees and other costs of litigation.
10. Termination. City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this Agreement
at any time by giving notice to Seller. If City terminates the contract pursuant to this section, it shall pay Seller for goods
shipped by Seller prior to receipt by Seller of the notice of termination. City may deduct the amount of damages, if any,
sustained by City due to any breach of contract or warranty by Seller. Damages for breach of contract or warranty shall be
those allowed by Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs of
litigation at trial and on appeal.
11. Assignment and Subcontracting. Seller may not assign or subcontract any of its rights or obligations hereunder without the prior
written approval of Buyer. Any unapproved assignment shall be void. Seller shall be fully responsible for the acts or omissions of
any subcontractors and all persons employed by them, and neither the approval by Buyer of any subcontract nor anything contained
herein shall be deemed to create any contactual relation between the subcontractor and the Buyer. Buyer may assign its rights
under this Order.
12. Work on Buyer's Premises. If Seller's performance of this Order involves operations by Seller on Buyer's premises, Seller shall (a)
provide all necessary and sufficient safeguards and take all proper precautions against the occurrence of injury to any person or
damage to any property, and shall be responsible for and shall indemnify and hold harmless Buyer, its representatives, officers,
employees, and agents from any and all loss, suit, action or claim, including cost and attorney's fees, by reason of injury, including
death, to any person and cant' public liability and property damage insurance with limits of liability of not less than $300,000 each,
unless higher limits are required by a signed purchase agreement, with contractual liability endorsement and such insurance of
employees as may be required by any workmen's compensation act or other law, regulation or ordinance which may apply in the
premises. Such public liability and property damage insurance shall also cover the operation of Seller's vehicles used in the
performance of Seller's operations. Any policy of insurance written in accordance with the foregoing shall be appropriately
endorsed to named Buyer, it's officials, employees and agents as additional insureds, with provisions that such insurance is primary
insurance with respect to their interest, and that any other insurance maintained by Buyer is excess and not contributory insurance
with the insurance required hereunder, with cross-liability or severability of interest provisions, and shall further provide that the
coverage provided thereby shall not be modified or discontinued or terminated except upon 30 days prior written notice to Buyer.
Compliance shall be verified by Certificate of Insurance with appropriate endorsements sent to Buyer prior to Seller commencing
work on Buyer's premises. Any work performed on Buyer's premises must be done pursuant to all OSHA standards, all applicable
State and Federal health and safety laws, rules and regulations and all workers must be covered by workers' compensation insurance
furnished through and paid for by Seller.
13. Stop Work Order. Buyer may, at any time by written order to Seller, require Seller to stop all, or any part of the work called for by
this Order for a period of 90 days after the written order is delivered to Seller, and for any further period to which the parties may
agree and for any other period to which the parties may have agreed or as provided in Section 4, 10, and/or 11. Within the period of
90 days or less or within any extension of that period, Buyer shall either: (a) cancel the "Stop Work Order" and direct Seller to
resume work; or (b) terminate the work covered by this Order. If Buyer orders Seller to resume work, Seller shall be entitled to any
equitable adjustment pursuant to Section 8 provided a claim for such an adjustment shall be submitted by Seller within 30 days after
the end of the period of work stoppage.
14. Payment Payment date and cash discount period shall be calculated from the date of Buyer's receipt of an acceptable invoice and
Buyer's acceptance of the products and supporting documentation at destination.
15. Information/Data. Unless otherwise agreed in writing any designs, drawings, specifications, or other manufacturing information
furnished by Buyer to Seller shall be confidential to Buyer and is furnished solely for the performance of this Order. All copies of
such information shall be returned to Buyer upon completion of the Order. Any designs, drawings, specifications, or other
manufacturing information delivered by Seller to Buyer may be used for any purpose whatsoever. The foregoing shall apply
notwithstanding the presence or absence of any contrary legend or statement on any of such information. All business and
n governmental information materials containing business and governmental information provided by Buyer to Seller shall be treated
N as confidential.
16. Compliance with Laws and Regulations. Seller warrants that all products, goods, or work delivered and performed shall comply
with all applicable Federal, State or Local Laws or Regulations including without limitation The Occupational Safety and Heath Act
q (29 USC. Chapter 15); Federal Hazardous Material Transportation Act (49 USC. Chapter 27); Equal Employment Opportunity;
E.O. 11246 and 41 CFR Sections 60-1.4 and 60-1.7; Employment of the Handicapped E.O. 11758 and 41 CFR Section 60-741-4;
~ Utilization of Minority Enterprises E.O. 11625 and 41 CFR Subpart 1-1.13; Age Discrimination E.O. 11141, Employment of
Veterans E.O. 11701 and 41 CFR Section 50-250.4 and all rules, regulations and amendments issued pursuant to the foregoing.
Seller shall indemnity Buyer, its officers, employees and agents against any damages, penalties, costs or expenses incurred in
connection with any alleged violation of any Federal, State or Local Law or regulating the manufacture or sale to the Buyer of any
Item covered by this Order.
17. Patents, Copyrights, Trademarks. Seller warrants that no products will be furnished hereunder, which infringe or contribute to the
infringement of any letters patent, copyright or trademark. Seller agrees to immediately replace at its sole cost any products
Purchase Agreement amended 8-01-01 4
famished hereunder which infringe or contribute to the infringement of any letters patent, copyright or trademark or to take all steps
necessary at Seller's sole expense to remove such infringement.
Seller will indemnify and hold harmless Buyer, its representatives, officers, employees and agents from and against any and all
costs, royalties, damages and/or expenses which may arise out of or result from, or be reasonably incurred in contesting any claims
that the methods, processes or acts by the Seller or its employees or the products furnished hereunder, infringes or contributes to the
infringement of any letters, patent, copyright or trademark.
18. Waiver. The failure of Buyer to enforce at any time any of the provisions of this Order or to exercise any option herein provided,
shall not be a present or future waiver of such provisions, nor in any way affect the validity of this Order or any part hereof, or the
right thereafter to enforce each and every such provision. The express waiver (whether one (1) or more times) of any provision,
condition or requirement shall not constitute a waiver of any future obligation to comply with such provision, condition or
requirement.
19. Independent Contractor. Seller is an independent contractor and persons employed by Seller shall be employees of Seller and not
employees of Buyer.
20. Complete Agreement. The Purchase Order and any referenced attachments constitute the complete agreement between the parties.
Except as otherwise provided herein, it is subject to change only by an instnunent signed in writing by both parties.
21. Acceptance by Performance. If Seller fails provide to Buyer with a signed copy of this order, but delivers product or performs the
services specified in this agreement, then Seller agrees that the Seller shall be deemed to have accepted the terms and conditions of
this order, as provided on both the front and this reverse side of the order. Buyer must agree any changes or modifications to this
order by Seller to, in writing, or they shall not be deemed accepted by Buyer and if the Seller delivers the products nonetheless, then
the original terms and conditions of this order shall govern.
22. Mandatory Mediation and Binding Arbitration. If there is a dispute concerning any of the terms, conditions or the performance of
this order, then it is hereby agreed by both Buyer and Seller that the dispute shall be submitted first to non-binding mediation, to be
performed by a sole mediator to be agreed upon between Buyer and Seller. If a mediator cannot be agreed upon, then the parties
agree that any Circuit Court judge for the State of Oregon, County of Washington, shall be authorized to appoint a mediator for the
parties.
Should the parties fail to reach an agreement through mediation, then the parties shall submit to binding arbitration, which shall be
governed by the rules of the Arbitration Service of Portland, and shall be conducted within Washington County. The arbitration
shall be conducted by a single arbitrator chosen by mutual agreement of the parties. If the parties are unable to agree on an
arbitrator, the parties shall ask the Presiding Judge of the Circuit Court for Washington County to select the arbitrator. If the
arbitrators determine that one party is the prevailing party, then the losing party shall be required to pay all fees and costs of the
arbitration. On the other hand, if the arbitrators determine that neither party is to be considered the prevailing party, then the fees and
costs of the arbitration shall be divided equally between the parties. The parties knowingly and voluntarily waive their rights to have
their dispute tried and adjudicated by a judge or jury. In the event a party fails to proceed with arbitration, unsuccessfully challenges
the arbitrator's award, or fails to comply with the arbitrator's award, then the other party shall be entitled to costs, including
reasonable attorney fees, for having to compel arbitration or defend or enforce the award. The parties agree to defend the arbitrator
and any individual engaged in the administration of an arbitration proceeding from any subpoenas or claims from third parties
arising out of this order or the arbitration.
23. Jurisdiction and Attorney Fees. This order shall be governed and construed according to the laws of the State of Oregon. If a
dispute shall arise under this order necessitating the services of an attorney, then the prevailing party shall be entitled to collect from
the losing party all of its/his/her reasonable costs and attorney fees, either in arbitration (if awarded by the arbitrator as provided
above), or by a court before which any matter concerning this order may be heard, both at trial and on appeal.
24. Neutral Interpretation. This order constitutes the product of negotiations between the parties hereto. Any enforcement hereof will be
interpreted in a neutral manner and not more strongly for or against any party based upon the source of draftsmanship.
25. Severability. Nothing contained herein shall be construed to require the commission of any act contrary to law, and wherever there
is any conflict between the provisions contained herein and any present or future statute, law, ordinance or regulation contrary to
which to the parties have no legal right to contract, the latter shall prevail. The provision of this Agreement, which is affected, shall
be curtailed and limited only to the extent necessary to bring it within the requirement of the law.
26. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of
Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, then that period shall be extended to
include the next day which is not a Saturday, Sunday or holiday.
Notice. Any notice required or permitted to be given by either party to the other shall be deemed to have been given when sent via
telecopy, overnight air courier, or deposited in the United States mail certified, return receipt requested, with first class postage
prepaid, addressed as indicated on the front of this order, or addressed to either party at such other address as such party shall
hereafter furnish to the other party in writing. Notice shall also be considered effective upon d.-livery if personally delivered
27. Conditions of Supplying, a Public Agency. Where applicable, seller must make payment promptly as due to persons supplying Seller
labor or mater.als for the execution of the work provided by this order. Seller must pay all contributions or amounts due from Seller
to the industrial accident fund incurred in the performance of this order. Seller shall not permit any lien or claim to be filed or
prosecuted against Buyer or any subdivision of Buyer on account of any labor or material to be furnished. Seller further agrees to
pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
Purchase Agreement amended 8-01-01 5
28. Payment of Claims by Public Officers. In the event that Seller fails, neglects or refuses to make prompt payment of any claim for
labor or services furnished to Seller or a subcontractor of Seller by any person in connection with the performance of this order when
such claim becomes due, then the proper officer or officers representing the Buyer hereunder may pay such claim to the person
famishing the labor or services and charge the amount of the payment against the funds due or to become due to the Seller by reason
of this order. The payment of a claim in the manner authorized by this provision shall not relieve the Seller or any of the Seller's
sun rty from obligations with respect to any unpaid claims.
29. Health Care Benefits for Seller's Employees. If this order involves public service, then Seller must provide health care benefits to all
employees who are performing services previously performed by public employees performing similar duties under this order.
30. Hours of Labor. If labor is performed under this order, then no person shall be employed for more than eight (8) hours in any one
day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it,
and in such cases, except cases of contracts for personal services as defined in OILS 279.050, the labor shall be paid at least time and
a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as
specified in ORS 279.334. In cases of contracts for personal services as defined in ORS 279.050, any labor shall be paid at least time
and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS
653.010 to 653.260 or under 29 USC SS 201-209.
31. Medical Care and Workers' Compmsation. Seller shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the
employees of such Seller, of all sums which the Seller agrees to pay for such services and all moneys and sums which the Seller
collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or
paying for such service.
Purchase Agreement amended 8-01-01 6
• i t
AGENDA ITEM # 3 56 G
FOR AGENDA OF 10/09/01
CITY OF TIGA.RD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Laptop Computer Bid
PREPARED BY: Paul de Bruyn DEPT HEAD OK kb CITY MGR OK
ISSUE BEFORE THE COUNCIL
Award contracts to the top three successful laptop computer vendors.
STAFF RECOMMENDATION
Award contracts to ESP Tecchnology - Wilsonville, Sterling Computers - Lomita CA, and A1sea Computers -
Corvallis, Oregon. Awarding contracts to multiple vendors gives us the ability to order equipment from a
secondary vendor should the primary vendor fail to meet city requirements at any time.
INFORMATION SUMMARY
The City of Tigard has not had a laptop computer contract with any specific vendor in the past year. We have been
purchasing laptops in small quantities, using the vendor who had the most favorable price/performance at the time
of purchase.
The City published an RFP on July 25, 2001 with a due date of August 30, 2001. The City received fourteen bids.
Three of these were disqualified as being non-responsive to the RFP requirements. A fourth vendor chose to
withdraw their bid upon being questioned about equipment features. The remainder of the bids were graded on
fifty-four items, one of which was price. Lowest price was not the deciding factor, although the lower prices earned
more points. Other factors such as features, vendor responsiveness, and manufacturer quality & reliability as
gleaned from several industry surveys were considered. The selected vendors are able to deliver a variety of laptop
brands, should we decide to order a laptop with different features than the original specification.
OTHER ALTERNATIVES CONSIDERED
Although most of the vendors might be able to satisfy the city's requirements, when we factored in
measurements other than cost, the selected three bidders were deemed the best choice for the city. The City's
intent is to purchase laptop equipment from each of these three successful vendors. The awarded vendors will
be compared to each other to determine the primary cost effective vendor for the city at time of order.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
A
Attached is a spreadsheet showing each of the fifty-four points used for grading and a column for each vendor
with their awarded points. The highest scoring vendor is in column one, on the left, the lowest scoring vendor
is on the right. Although Dell was awarded the most points, Dell stated that they refused to sign a City contract,
and that they required the City to agree to their contract. This resulted in their being deleted from consideration.
Another high ranking vendor, AVR, was omitted when we found they were not authorized to sell the
equipment they were bidding...
FISCAL NOTES
The funds for this are already budgeted and approved. There is no need for additional funding.
EVALUAjON RECAP OF LAPTOP PROPOSALS SEPTEMBER 9.2001
PAGE ONE OF TWO
Venda Name Dell Sterling ESP AVR Alsea Networkland JPK Micro CTL-2 CTL-1 Global Sonata MultiWe Max Co
C141Stste Texas Lomita, CA Wilsonville Virginia Corvallis Virginia Industry, CA Beaverton Beaverton Ohio Nonfas Industry Beaverto
Vendor Qualification
Numb Copies 2 3 3 3 3 3 3 3 3 3 No com Withdre Non-res
Used Our Bid form? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Info Bid
Registered In OR? Yes No Yes Yes Yes No No Yes Yes Yes
Corp History? No Yes No No No No Yes No No No
How long in Biz 17 6 10 14 5 10 12 12 12 52
Number Emps Unk Unk Unk Unk Unk Unk Unk Unk Unk Unk
When registered in OR Unk No Unk Unk Unk Unk No Unk Unk Unk
5 years servicing laptops Yes Unk Unk Unk Unk Unk Unk Unk Unk Unk
Tetno - Email address Yes Yes Yes No Yes Yes Yes No No Yes
Local Office No No Yes No Yes No No Yes Yes No
Points 6 5 6 4 6 4 5 5 5 5
Hardware
P-# 750 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
128MB Yes Yos Yes Yes Yes No Yes Yes Yes Yes
18GB Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
3 spindles Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
15" Yes Yes 14 Yes Yes Yes Yes No Yes Yes
Touch Pad Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
PS/2 Mouse Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
PW Keyboard Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Two PCMCIA Yes Yes 1 Yes Yes Yes 1 Yes Yes Unk
USB Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
56k Fax Yes Yes Yes Yes Yes Yes No Yes Yes Unk
Win98 Yes No Yes Yes Yes Yes Yes Yes Yes Yes
Win= Yes Yes Yes Yes Yes Yes Yes so Yes Yes
Speakers Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Mie Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Una In Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Serial Yes Yes Yes Yes Yes No Yes Yes Unk Unk
Parallel Yes Yes Yes Yes Yes Yes Yes Yes Unk Unk
Ethernet Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Ext video Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Both Active Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
4 hrs battery Yes 3.5 Yes Yes Yes Yes Yes 2.5 2.5 Unk
Uthium Ion Yes Yes Yes Yes Yes Yes No Yes No Unk
AC charger Yes Yes Yes Yes Yes Yes Yes Yes Yes Unk
Svideo Yes Yes No Yes Yes Yes Yes Yes Yes Unk
Points 25 23 22 25 25 23 22 22 211 7
nil
Ill III, Jill
PAOETWOOFTWO
Maintenance
Weight 7.7 9.2 7.4 7.1 7 6.5 7.1 6.5 7.8 7.3
Size 13x11x1.7 14x1i)Z2 13x10xl.5 13x10x1.6 1201x1.6 Unk 13x10x1.5 1200x1.5 10xl3xl.7 Unk
Price 1744 1594.1482 1898-1994 180071921 2313 139511585 1465 1475 1870 1462/1510
WarrantYesl or3 No Yes Yes Yes No Yes Yes Yes Yes Yes
Cost for3yrs No 225 300 49 No 175 100 175 175 48
Turn around time No 2 days 3 days 48 hrs 2 days 3 days 48 hrs 3 days 3 days 7 days
Ohl No Yes Yes Yes Yes Yes Yes Yes Yes Yes
Two AF laths capable of re Yea Yes Yes Unk No Unk Yes Unk Unk Unk
Warranty by bidder Yes Yes Unk Unk No Unk Yes Unk Unk Unk
points 2 6 5 4 2 4 6 4 4 4
Responsiveness to RFP Requirements
Dora Yes Yes No Yes No No No No No Yes
Annual Revenue 328ill 12M 3M 11M 581k 15M Unk 60M 60M 1.88ill
3 referoneos Yes Yes Ycs Yes Yes Yes Yes Yes Yes Yes
Company, Narl Phone Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Primary & Secondary Yes Yes Yes No No No No No No No
Name, Phone Email Yes Yes Yes No Yes Yes Yes No No Yes
Points 6 6 5 4 4 4 3 3 3 5
Puce 1744 1462 1898 1800 2313 1395 1485 1475 1870 1462
Points 5 8 2 4 1 9 6 7 3 B
Miscellaneous
Bag 23 Std 50 Std 4o 15 Std Std Std Sid
Y5n2000 Std Std Std 62 99 135 50 50 50 48
Brand7Mode1 Latitude C800 Sager HP-Omni PowerPro Micron Arm Arm Arm Arm Systemax
NP8560 XE3 11616 N38W3 SW15.7800
Manufacturer Rating 8 3 9 7 8 2 2 2 2 3
Total Points 52 51 49 48 46 46 44 40 38 34
Note:Dell
says we
use THEIR
contract
s
CITY OF TIGARD, OREGON
PURCHASE AGREEMENT FOR
LAPTOP COMPUTERS
THIS AGREEMENT made and entered into this 10TH of October, 2001 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and ESP Technologies,
hereinafter called Seller.
RECITALS
a. Seller has submitted a bid or proposal to City for the sale of certain goods.
b. Seller is in the business of selling certain goods and is aware of the purposes for which City will
use the goods.
C. City and Seller wish to enter into a contract under which City shall purchase the goods described
in Seller's bid or proposal.
AGREEMENT: The parties agree:
I. GOODS TO BE PROVIDED:
City shall purchase Laptop Computers from Seller in accordance with:
a. The specifications (including any addenda) attached hereto as Exhibit A and incorporated,:
herein by this reference;
b. The Seller's proposal dated August 30, 2001, which was accepted by the Contract Review
Board on October 9, 2001 attached hereto as Exhibit B and incorporated by this reference;
and
c. The City's Standard Terms and Conditions, attached hereto as Exhibit C and incorporated
by this reference.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution by the City's Local Contract
Review Board and shall expire, unless otherwise terminated or extended, on October 11. 2006. All
goods under this Agreement shall be delivered and completed prior to the expiration of this
Agreement. The term of the contract including renewals cannot exceed five (5) years.
3. COMPENSATION:
a. City hereby agrees to pay per the pricing set forth in Exhibit A and the accepted proposal
Exhibit B for the goods, including shipping and handling. The total purchase price shall be
considered payment for all Sellers' obligations described in this agreement. Seiler shall
invoice City the purchase price upon the delivery of the goods. City shall have thirty (30) days
after receipt of invoice in which to make payment. Seller shall be responsible for the payment
Purchase Agreement amended 8-01-01 t
CITY OF TIGARD, OREGON
PURCHASE AGREEMENT FOR
LAPTOP COMPUTERS
THIS AGREEMENT made and entered into this 10TH of October 2001 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Alsea Geospatial Inc.,
hereinafter called Seller.
RECITALS
a. Seller has submitted a bid or proposal to City for the sale of certain goods.
b. Seller is in the business of selling certain goods and is aware of the purposes for which City will
use the goods.
C. City and Seller wish to enter into a contract under which City shall purchase the goods described
in Seller's bid or proposal.
AGREEMENT: The parties agree:
1. GOODS TO BE PROVIDED:
City shall purchase Laptop Computers from Seller in accordance with:
a. The specifications (including any addenda) attached hereto as Exhibit A and incorporated
herein by this reference;
b. The Seller's proposal dated August 30, 2001, which was accepted by the Contract Review
Board on October 9. 2001 attached hereto as Exhibit B and incorporated by this reference;
and
c. The City's Standard Terms and Conditions, attached hereto as Exhibit C and incorporated
by this reference.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution by the City's Local Contract
Review Board and shall expire, unless otherwise terminated or extended, on October 11, 2006. All
goods under this Agreement shall be delivered and completed prior to the expiration of this
Agreement. The term of the contract including renewals cannot exceed five (5) years.
3. COMPENSATION:
a. City hereby agrees to pay per the pricing set forth in Exhibit A and the accepted proposal
Exhibit B for the goods, including shipping and handling. The total purchase price shall be
considered payment for all Sellers' obligations described in this agreement. Seller shall
invoice City the purchase price upon the delivery of the goods. City shall have thirty (30) days
after receipt of invoice in which to make payment. Seller shall be responsible for the payment
Purchasc Agrcement amcndcd 8-01-01 t
111 IMMUNE 11 111 111 ~Igi
~A
))l~ i 1 Y,Cc~S
CITY OF TIGARD, OREGON TU 1,
PURCHASE AGREEMENT FOR
LAP'T'OP COMPUTERS
THIS AGREEMENT made and entered into this 10TH of October, 2001 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Sterling Computers,
hereinafter called Seller.
RECITALS
a. Seller has submitted a bid or proposal to City for the sale of certain goods.
b. Seller is in the business of selling certain goods and is aware of the purposes for which City will
use the goods.
C. City and Seller wish to enter into a contract under which City shall purchase the goods described
in Seller's bid or proposal.
AGREEMENT: The parties agree:
1. GOODS TO BE PROVIDED:
City shall purchase Laptop Computers from Seller in accordance with:
a. The specifications (including any addenda) attached hereto as Exhibit A and incorporated
herein by this reference;
b. The Seller's proposal dated August 30, 2001, which was accepted by the Contract Review
Board on October 9, 2001 attached hereto as Exhibit B and incorporated by this reference;
and
c. The City's Standard Terns and Conditions, attached hereto as Exhibit C and incorporated
by this reference.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution by the City's Local Contract
Review Board and shall expire, unless otherwise terminated or extended, on October 11, 2006. All
goods under this Agreement shall be delivered and completed prior to the expiration of this
Agreement. The term of the contract including renewals cannot exceed five (5) years.
3. COMPENSATION:
a. City hereby agrees to pay per the pricing set forth in Exhibit A and the accepted proposal
Exhibit B for the goods, including shipping and handling. The total purchase price shall be
considered payment for all Sellers' obligations described in this agreement. Seller shall
invoice City the purchase price upon the delivery of the goods. City shall have thirty (30) days
after receipt of invoice in which to make payment. Seller shall be responsible for the payment
Purchase Agreement amended 8-01-01 1
of all taxes associated with the sale of the goods. City is exempt from the payment of Federal
Excise Tax.
b. Seller shall promptly advise City of all reasonably available technological advances that are
known or become known to Seller while this agreement is in effect which may result in the
goods having added value, capacity, or usefulness when used for City's purpose. If Seller
intends to provide goods incorporating technological advances and still meeting the
specifications and the City's needs at no additional charge, Seller shall provide City with 45
days' notice of the proposed change. The City may require that only goods not incorporating
the changes be supplied by providing written notice to seller within 5 days of receiving the
notice of the proposed change. Any other changes incorporating technological advances shall
only be approved as an amendment to this agreement.
c. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
4. DELIVERY:
Seller shall deliver the goods no later than 10 days after receipt of City's purchase order, together
with an executed copy of this Agreement. Seller agrees to provide goods as specified in Exhibit A.
Within 24 hours following delivery, City shall inspect the goods and shall notify Seller
immediately of any damaged items.
No language contained in a purchase order, work order, or delivery order shall vary, amend, modify,
or add terms or conditions to this Agreement under which the order is placed.
5. INSTALLATION:
The City shall install the goods purchased under this agreement.
6. TESTING AND ACCEPTANCE:
Seller shall test the goods prior to delivery. Seller's tests shall determine whether the goods meet
Seller's specifications and are fit for the purpose intended. Acceptance or rejection of the goods
purchased shall occur 10 days after delivery and inspection by Buyer. Failure to inspect and
accept or reject goods shall neither relieve Seller from responsibility for such goods, which do not
meet the requirements in this Agreement nor impose liability on Buyer.
7. RISK OF LOSS:
Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by
the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and checked in at
the location specified by Buyer.
Purchase Agreement amended 8-01-01 2
8. ASSIGNMENT/DELEGATION:
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
9. SUBMITTING BILLS AND MAKING PAYMENTS.
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD Business Phone: 503-639-4171 Ext. 402
Paul de Bruyn, Director of Network Services Business Fax: 503-639-6795
13125 SW Hall Blvd. Email Address: pdb@ci.tigard.or.us
Tigard, Oregon 97223
SELLER
Sterling Computers Business Phone: 310-325-9783
Rob Jones, Sales
24100 Narbonne Ave #103 Business Fax: 310-325-6921
Lomita CA 90717 Email Address: rob@sterlingcomputers.com
10. TERMINATION
City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this
Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this
section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of
termination. City may deduct the amount of damages, if any, sustained by City due to any breach of
contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by
Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other
costs of litigation at trial and on appeal.
11. ACCESS TO RECORDS:
City shall have access to such books, documents, papers and records of Seller as are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
Purchase Agreement amended 8-01-01 3
12. FORCE MAJEURE:
Neither City nor Seller shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subseller or supplies due to such cause; provided that the parties
so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in
writing of the cause of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under the Agreement.
13. NON-DISCRIMINATION:
Seller agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Seller also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
14. WARRANTY AGAINST DEFECTS:
Seller warrants that the goods shall remain free of defects in material and workmanship for a
period of one (1) year commencing the date of City's acceptance. Such defects shall include any
failure of the goods to meet Seller's specifications or the description contained in Seller's product
literature. If within the warranty period City discovers such a defect, Seller shall repair or replace
the defective item or component free of charge. If after three attempts Seller is unable to eliminate
a defect, or if Seller does not commence the warranty work within the time allowed in this
paragraph, City shall have the right to return the defective item or component and, at City's option,
either obtain a full refund of the purchase price of the goods or obtain a refund, in an amount to be
agreed upon by the parties, of the portion of the purchase price of the goods that is allocable to the
defective item or component. Seller shall commence all warranty work within 48 hours of
receiving notice of the warranty claim. All warranty work shall be performed at City's facilities
unless otherwise agreed by the parties. If warranty work is performed at Seller's facilities, Seller
shall pay all shipping costs, including the cost of return shipment. This warranty shall apply to all
repair parts furnished by Seller and all repairs performed by Seller.
15. INTELLECTUAL PROPERTY WARRANTY:
Seller warrants that none of the goods, the use thereof or any of the applications, processes or
designs employed in the manufacture thereof infringes the valid claims of any letter patent, patent
application, copyright, trade secret or any other property right of any third party. If as a result of
any suit or proceeding alleging an infringement of any of the foregoing property rights City's use
of the equipment is enjoined, Seller shall at no cost to City either obtain for City a license to use
the goods or modify the goods so as to avoid the infringement without any degradation in
performance. If Seller cannot obtain such a license and cannot so modify the equipment, Seller
shall promptly refund to City the purchase price, less a reasonable amount for depreciation.
Purchase Agreement amended 8-01-01 4
16. ASSIGNMENT OF MANUFACTURER'S WARRANTIES:
Seller hereby assigns all warranties of the manufacturers of components of the goods to City to the
extent such warranties are assignable. In the event Seller must obtain the consent of the
manufacturer or take other action before any such warranties are assignable, Seller shall do so
prior to delivery.
17. INDEMNITY/HOLD HARMLESS:
Seller shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Seller or
its subsellers, agents, or employees under this contract, except, however, that the foregoing shall
not apply to liability that arises out of City's negligence.
18. INSURANCE:
Commercial General Liability Insurance: If Seller will be installing or testing the goods, or
otherwise performing services on City's premises, Seller shall provide a certificate indicating that
Seller has commercial general liability insurance covering Bodily Injury and Property Damage on
an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance. Coverage will include $1,000,000 per occurrence and $2,000,000 general annual
aggregate. Said insurance shall name City as an additional insured and shall require written notice
to City thirty (30) days prior to cancellation. If Seller hires a subseller to perform services on
City's premises, Seller shall ensure that Seller's subseller complies with this paragraph.
Business Automobile Liability Insurance: If Seller will be delivering the goods, Seller shall
provide City a certificate indicating that Seller has business automobile liability coverage for all
owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than $1,000,000. Said insurance shall name City as an additional insured and shall require
written notice to City thirty (30) days in advance of cancellation. If Seller hires a carrier to make
delivery, Seller shall ensure that said carrier complies with this paragraph.
Workers' Compensation Insurance: The Seller, its subsellers, if any, and all employers providing
work, labor or materials under this Contract that are either subject employers under the Oregon
Workers' Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage that satisfies Oregon law for all their subject workers or
employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon
for more than 30 days in a calendar year. Sellers who perform work without the assistance or
labor of any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
Seller shall furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate will specify and
document all provisions within this contract.
Purchase Agreement amended 8-01-01 5
19. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall' pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
20. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Seller shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subsellers and
income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a
part of this agreement.
21. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
22. SEVERABILITY:
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parries when they entered into
the agreement.
23. COMPLETE AGREEMENT:
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and any other exhibit, Exhibit A shall control. In the event of an inconsistency
between Exhibit C and Exhibit B, Exhibit B shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only
in specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Seller, by the signature
of its authorized representative, hereby acknowledges that Seller has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
Purchase Agreement amended 8-01-01 6
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Seller has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
Approved by Tigard's Local Contract Review Board on:
By: Authorized City staff person letting contract Date
SELLER
By: Company Name
Print Name & Title of Authorized Representative
Sign Name Date
Purchase Agreement amended 8-01-01 7
EXHIBIT `A'
GOODS TO BE PROVIDED
Purchase Agreement amended 8-01-01 1
IV. GENERAL INFORMATION
1. Term of Contract: It is the intent of the City to negotiate a three (3) year contract with an optional
two (2) year extension. The term of the contract including renewals cannot exceed five (5) years.
Additional years of the contract shall be determined by the City upon completion of the first year.
2. Contract: After the award, the contractor and the City will enter into a Purchase Agreement
incorporating the terms and conditions of the ITB document and the bid response (refer to the
attached sample). Vendors taking exception to any of the contract terms should indicate the same
in their bid response documents or their exceptions will be deemed waived.
3. Contracting Pricing Adjustments: Prices shall be firm through the first year of the contract, with
the following exceptions:
a. City shall be given immediate benefit of any price decreases.
b. The Contractor shall promptly notify the City of amount and effective date of any decreases.
c. Any decrease shall apply to any work and/or supplies requested on or after the effective date of
decrease.
Should such decreased prices again increase during the term of the contract, including extensions,
the City shall honor the increase if it does not exceed the original contract price.
During the term of this agreement, should Contractor enter into any contract, agreement or
arrangement that provides lower prices, more favorable terms or greater benefits to any other such
government unit or commercial customer, this agreement shall thereupon be deemed amended to
provide the same price or prices, terms and benefits to the City. This provision applies to
comparable products, supplies and services, and to purchase volumes by the City that are not less
than the purchase volumes of the government unit or commercial customer that has received the
lower prices, greater benefits or more favorable terms offered by Contractor to any other state or
local government.
4. Price Increases: Pricing increases must be received at the City forty-five (45) days prior to
contract extension date. Contractor shall provide documentation for price increase; failure to
provide sufficient documentation shall result in rejection of increases. The City reserves the right
4 to accept or reject any increases.
5. Business Tax and Federal ID No.: Immediately following awarJ, if not obtained before,
H Contractor shall pay the City of Tigard Business tax fee, if applicable, and fill out a W9 Form
provided to you by the City, providing Contractors Federal ID number. The above shall be
completed before contract is signed.
6. Resident Bidder: ORS 279.25 (h) requires each bidder to indicate whether they are a resident
bidder. A resident bidder means a bidder that has paid unemployment taxes or income taxes in
this state during the 12 calendar months immediately preceding submission of the bid and has a
business address I this state as defined in ORS 279.029.
As a public contracting agency, the City shall prefer goods or services that have been manufactured
or produced in this state if price, fitness, availability and quality are otherwise equal.
Invitation to Bid for Laptop Computers 5
Close: August 30, 2001 @ 2:00 PM
7. Public Records: All bid material submitted by bidder shall become the property of the City and is
public record unless otherwise specified. A bid that contains any information that is considered
trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This
information will be kept confidential and shall not be disclosed except in accordance with the
Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price
information, which must be open to public inspection.
Billing Requirements: Invoices shall be sent to City of Tigard, Attn: Accounts Payable, 13125
SW Hall Blvd., Tigard, OR 97223. Payment is normally made within 30 days following the date
the entire order is delivered or the date the invoice is received.
9. Termination of Contract: Contract may be terminated by mutual consent of both parties or by
the City at its discretion with a 30 days' written notice. The City may cancel an order for goods at
any time with written notice to Contractor, stating the extent and effective date of termination. If
the contract is so terminated, Contractor shall be paid for goods purchased prior to date of
termination.
10. Intergovernmental Cooperative Purchasing: Pursuant to Oregon Revised Statutes (ORS)
Chapter 279.15, other public agencies may participate in the award resulting from this solicitation.
If the Contractor agrees to participate, all such participation shall be on the basis of this
solicitation and the resulting award except that reasonable changes in pricing and terms may be
negotiated directly between the participating agency and the contractor to accommodate
differences in delivery distances and local conditions.
Each agency wishing to utilize the award of this solicitation will execute its own contract with the
contractor, binding only their agency with NO liability to the City of Tigard.
The City cannot commit to purchase on behalf of any other party. Unless otherwise identified,
volumes shown in this document are estimates of City of Tigard's usage. Any contracting, ordering,
deliveries, approvals, billing and collections shall take place directly between Contractor and
participating agency.
Invitation to Bid for Laptop Computers 6
Close: August 30, 2001 @ 2:00 PM
11 11 IN
VIII. DETAILED SPECIFICATIONS
Please note "yes" if it meets specification, or "no" for any deviations. Any items marked ";no" shall
be explained in the column or on the attached "Deviations Sheet".
1. Minimum Laptop SRecifications Meets/Exceeds Expectations
Pentium III 750mhz or above
Minimum 128MB RAM expandable to 512MB
Minimum 18GB hard drive
Three spindles. The floppy drive, the hard drive, and the CD/DVD
drive must all be encased within the laptop body and must all run
simultaneously. No externally connected drives are acceptable.
15" TFT Active Matrix'screen
Touch pad mouse
PS/2 mouse and PS/2 external keyboard plugs.
Two PCMCIA slots
USB port(s)
Built in 56k fax modem
Win 98SE or Win2000
Built in speakers, jacks for external microphone, speakers, and line-in.
Serial, parallel, and ethernet ports.
External video - must be able to toggle between laptop screen,
or external VGA device, or both simultaneously.
Minimum 4 hours battery life. Lithium ion battery. -
A/C charger
S-Video output port
Weight and physical size of unit. Weight:
Size:
Invitation to Bid for Laptop Computers 9
Close: August 30, 2001 C 2:00 PM
Emil
OPTIONAL I'T'EMS
Carrying Bag
Windows 2000
2. Condition of Equipment: Except as otherwise specified, all equipment, components, fittings and
materials furnished within the context of this procurement shall be new, never before sold to any
end user, and never before used except for the purpose of testing, initial assembly or "breaking
in." This paragraph includes construction materials, interior finishes, mechanical/electrical
equipment and all peripherals.
3. Delivery: Delivery must be within ten (10) working days from when Contractor receives the
purchase order. Cost of delivery shall be the responsibility of the Contractor
4. Installation of Hardware: City shall install the computer hardware purchased under this
agreement.
5. Installation of Software: Laptops shall be delivered with Windows 98SE or Win2000. Service
Pack 1 or newer already installed as a base system. The City may request some Laptops have
Windows NT4.0, Service Pack 6A or newer preinstalled for an additional cost.
6. Warranty/Repair: Warranty for all Laptops will be one year or three years from date of delivery.
Please state on "Bid Form" if there is an additional cost for warranty periods. When the City
informs a Contractor of a defective part, the Contractor shall contact the City within twenty-four
hours with arrangements to rectify the defective part(s).
7. Maintenance of EguiAment: City Network staff would be the first level of problem isolation.
Once it is detennined by telephone conversation with the Contractor that a component has failed,
Contractor would issue an RMA for return and repair of unit. All shipping costs involved with
return of units for repair shall be borne by the Contractor. Repairs or replacement of components
by the City of Tigard Network Services Department shall not alter or void any warranties for
equipment purchased under this contract.
The City may opt for onsite maintenance to be supplied by the Contractor. Include in bid response
information on your maintenance program, costs and turn around times.t
Note: Specify normal turnaround time for repair of defective units and if a response time of 48
hours is available and if it's an addition cost?
8. Documentation: Please include with "Bid Form" all specifications and/or supporting
documentation relevant to the hardware products, which you intend to supply.
9. Bidder Oualifications and References: Bidder shall provide the number of years in business,
annual revenue and a list of three (3) reference customers of similar size. Reference's shall
include company name, contact person and phone number.
Invitation to Bid for Laptop Computers 10
Close: August 30, 2001 @ 2:00 PM
10. Contacts: The awarded Contractor(s) shall designate one (1) primary and one (1) backup person
responsible for the Contractor's work under this contxact. Contractor(s) shall provide name, phone
number and email address of such persons. Contractor(s) must have an e-mail address as the point
of contact with the City for the purpose of communication on a daily basis to supplement the
normal voice-mail and telephone. The above information shall be kept current with the City at all
times.
Invitation to Sid for Laptop Computers 11
Close: August 30, 2001 @ 2:00 PM
EXHIBIT `I$'
SELLER'S PROPOSAL
Purchase Agreement amended 8-01-01 2
Jim
VIII. DETAILED SPECIFICATIONS
Please note "yes" if it meets specification, or "no" for any deviations. Any items marked "no" shall
be explained in the column or on the attached "Deviations Sheet".
1. Minimum Laptop Specifications Meets/Exceeds Expectations
Pentium III 750mhz or above
Minimum 128MB RAM expandable to 512MB
Minimum 18GB hard drive
Three spindles. The floppy drive, the hard drive, and the CD/DVD
drive must all be encased within the laptop body and must all run
simultaneously. No externally connected drives are acceptable.
15" TFT Active Matrix screen
Touch pad mouse
PS/2 mouse and PS/2 external keyboard plugs.
Two PCMCIA slots
USB port(s) ,
Built in 56k fax modem
Win 98SE or Win2000 bti
Built in speakers, jacks for external microphone, speakers, and line-in.
Serial, parallel, and ethernet ports. '
External video - must be able to toggle between laptop screen,
or external VGA device, or both simultaneously. t'
Minimum 4 hours battery life. Lithium ion battery. r= p i; - ! f f R 5
i
A/C charger
s S-Video output port
Weight and physical size of unit. Weight:
Size:
Invitation to Bid -for Laptop Computers g
Closc: August 30, 2001 G 2:00 PM
11 gol
w
OPTIONAL ITEMS
Carrying Bag
Windows 2000
2., Condition V. Equipment: Except as otherwise specified, all equipment, components, fittings and
materials furnished within the context of this procurement shall be new, never before sold to any
end user, and never before used except for the purpose of testing, initial assembly or "breaking
in." This paragraph includes construction materials, interior finishes,. mechanical/electrical
equipment and all peripherals.
3. Delivery: Delivery must be within ten (10) working days from when Contractor receives the
purchase order. Cost of delivery-shall be the responsibility of the Contractor
4. Installation of Hardware: City shall install the computer hardware purchased under this
agreement.
5. Installation of Software: Laptops shall be delivered with Windows 98SE or Win2000. Service
Pack 1 or newer already installed as: a base system. The City may request some Laptops have
Windows NT4.0, Service Pack 6A or newer preinstalled for an additional cost.
6. Warranty/Repair: Warranty for all Laptops will be one year or three years from date of delivery.
Please state on "Bid Form" if there is an additional cost for warranty periods. When the City
informs a Contractor of a defective part, the Contractor shall contact the City within twenty-four
hours with arrangements to rectify the defective part(s).
7. Maintenance of Equipment: City Network staff would be the first level of problem isolation.
Once it is determined by telephone conversation with the Contractor that a component has failed,
Contractor would issue an RMA for return and repair of unit. All shipping costs involved with
return of units for repair shall be borne by the Contractor. Repairs or replacement of components
by the City of Tigard Network Services Department shall not alter or void any warranties for
equipment purchased under this contract.
The City may opt for onsite maintenance to be supplied by the Contractor. Include in bid response
information on your maintenance program, costs and turn around times. 6
Note: Specify normal turnaround time for repair of defective units and if a response time of 48
hours is available and if it's an addition cost?
8. Documentation: Please include with "Bid Form" all specifications and/or supporting
documentation relevant to the hardware products, which you intend to supply.
9. Bidder Oualifications and References: Bidder shall provide the number of years in business,
annual revenue and a list of three (3) reference customers of similar size. Reference's shall
include company name, contact person and phone number.
invitation to Bid for Laptop Computers 10
Close: August 30, 2001 ai 2:00 PM
66BID FORM"
(1 of 2 pages)
ITS -LAPTOP COMPUTERS -CLOSE: August 21, 2001
CITY OF TIGARD
The undersigned proposes to furnish Laptop Computers at the price indicated, all in accordance with the
specifications and provisions listed in this "Invitation to Bid - Laptop Computers".
DESCRIPTION PRICE
Laptop as listed in the minimum specifications $
Carrying Bag $
Windows 2000 $i
Installation of Windows NT4.0, Service Pack 6A or newer $ 0
GRAND TOTAL $
Warranty
Tenn Available
One year Yes No $
Three years Yes No $ v = G
Maintenance $
Specify normal turnaround time for repair of defective units laIY5
Response Time Available
48 ho :rs Yes No S iai A,
OPTIONS: (Laptops NOT listed in minimum specifications)
t.
1. Laptop with the following additional options: S
2. Laptop with the following additional options: S
Invitation to Bid for Laptop Computers 13
Close: August 30, 2001 a 2700 PM
"DID FORM- (page 2)
ITB - LAPTOP COMPUTERS - CLOSE: August 21, 2001
CITY OF TIGARD
Years in business, ~Annual Revenue
Registered with the State of Oregon
References
1. Company Name: li✓ Z: ' I)L I LA
Contact Person:
Phone Number:
2. Company Name:
Contact Person:
Phone Number:
3. Company Name:
Contact Person: _
Phone Number:
Company Name: Date:
Contact Person: SA PhonQ:
Title: STERLING COMPUTERS Fax:
24100 NARBONNE AVENUE #103
Address: 1-0M1TA,. CA 90717 Federal ID No._
PH: 310-325-9783 FAX: 310-325-8921 7
Signature of Authorized Representative Date
Title
Invitation to Bid for Laptop Computers 14
Close: August 30,' 2001 @ 2:00 Pal
t . 4
SAGER NP 560 Series S eei canons
3
Pointing Device
Integrated'1'rackpad (touch pad)
Keyboard
101-Key Win 95 with Numeric Keypad
Window 95 2 Hot Keys
8 dedicated function key as the "Hot Key" for LCD Brightness,
Contrast, Suspend, Panel/CRT Display and Audio Volume
Control.
Interfaces
Processor Infrared Communication, FIR, SIR and ASK Compliant
Intel Pentium III Processor (FC-PGA Package) 1 16C550 Compatible Serial Port
I Parallel Port, with ECP/EPP support
Memory 1 External Keyboard Port
64NMI33 Mhz SDRAM Expandable to 512MB 1 External •KCRT ey Port
Support Write-Back Ll & L2 Cache 1 10/100 Ethernet Port
256KB On-Die L2 Cache (PENTIUM III) 1 56K Fax/Modem Port
1 IEEE 1394(Fire Wire) Port
BIOS 1 S-Video for TV Output
4MB Flash ROM BIOS 1 RCA Jack for Video Input
2 USB Port
Disk Storage 3 Audio Jacks for Line-in, Lineout & Microphone-in
Hard Disk Drive 1120-PIN Connector for Port Replicator
- Removable 2.5" hard Disk Drive
- Support Ultra DMA HDD for High Speed Access Power System
Floppy Disk Drive 1 Rechargeable 75.6 W Lithium-Ion Battery
-Built-in 3.5" 1.44MB Floppy Disk Drive m • Full Range Auto-Switching 100V/240V AC Adapter
-Options exchangeable with IOMEGA ZIP Drive/2 HDD 2-Hour Quick Charge
Display Power Management
ATI Rage Mobility-128 16MB Video SGRAM Memory System Management Mode (SMM)
IS. 1" 1400 X 1050 SXGA+ Active Matrix Display Suspend to HDD/DRAM
Support Dual View for LCD/TV, LCD/Ext. CRT or LCD•Backlit off Micro switch
TV/Ext. CRT under Windows 98 Full Features of SMI Power Management, Doze, Sleep/Resume
CRT: Support Up to 1900x1200 16M colors
Physical. Characteristics
DVD or CD-ROM Drive 14" (W) x 11.02" (D) x 2.2"(H), 9.2 LBS with Batten'
Built-in 24x CD-ROM or 8x DVD-ROM Drive
Tray-Loading Mechanism Accessories
ATAPI Interface Owner's Manual
i
Carrying Bag with Strap
{ Audio System
Built-in Wavetable Stereo Audio Support 3D Sound Effect Options
1 Built-in Microphone Car Adapter
2 Built-in Speakers
Port Replicator
PCMCIA Slot Zip-Drive
Bracket
PCMCIA 3.0 Standard Compliant Hard Drive Bra
CD-RW Drive (4xacket
2 Types II or 1 Type III PCMCIA Slots
Card Bus and Zoom Video Port Support
MEOW
City of Tigard, Oregon
Solicitation #Laptop Computers
Key Personnel
Project Manager Robert Jones 310-325-9783 x105
Technical Specialist Matt Heiler 310-325-9783 x114
Management Plan
Sterling Computers gives you access to more than 75,000 computer products from over 1,000
manufacturers and publishers. Our customers can choose from the top manufacturers of
system hardware, software, networking and connectivity products, mass storage devices and
printers, plus a complete line of Macintosh-compatible products and peripherals all at highly
competitive prices.
Sterling Computers has what you need - tailored products, services and programs to meet
your individual business requirements. Sterling Computers gives you the, market-specific
information and value-added services to help your business prosper and grow.
The following paragraphs outline the many services avpiilable to you as a Sterling Computers
customer, and they provide essential information about us doing business together.
Automated Inquiry System
Sterling Computer's website allows you to satisfy. basic inquiry requests such as product pricing and
availability, shipping and tracking information, invoice and returns information and a host of other
inquiries.
Customer Education
Sterling Computer's education services provide our custorers the highest quality in training at our
vendor-authorized training centers for Microsoft, Novell, Citrix, Cisco Systerns, Caldera Systems,
Linux, Nortel Networks, Hewlett-Packard and 3Com.
Customer Service
800-639-1114 x114
8 a. m. to 6 p.m. PST
For information and guidelines on returning product to Sterling Computers, please visit our website at
www.sterlingcomputers.corn and look under Services.
Ordering
A territory manager near you and an inside sales team at corporate headquarters work together to
support your business. They are your key contacts and can help put all the Sterling Computers
services to work for you. Sales assistance is available frorn 8 a. in. to 6 p.m. PSTi. Monday through
Friday. Your orders are processed online while you speak with your inside sales team.
Orders are processed chronologically and shipped the sarne day when placed by 5 p.m., your time, if
product is available.
Technical Services
As a Sterling Computers customer, you'll have access to a highly trained technical support staff. We
have a dedicated computer network, complete with product and problem-solving information on all
of the products we sell, directly at our fingertips. What's more, Sterling Computers technical staff has
priority vendor access that provides the most responsive technical support possible directly from the
manufacturer.
1
Warranty Plan
Three-Year Limited Warranty
(United States Only)
STERLING COMPUTERS warrants that the hardware products it distributes and/or manufactures will
be free from defects in materials and workmanship. The limited warranty term is three years parts
and labor beginning on the date of invoice, as described in the following text.
Damage due to shipping the products to you is covered under this limited warranty. Otherwise, this
limited warranty does not cover damage due to external causes, including accident, abuse, misuse,
problems with electrical power, servicing not authorized by STERLING COMPUTERS, usage not in
accordance with product instructions, failure to perform required preventive maintenance, and
problems caused by use of parts and components not supplied by STERLING COMPUTERS.
This limited warranty does not cover any items that are in one or more of the following categories:
software; external, devices (except as specifically noted); accessories or parts added to a STERLING
COMPUTERS system after the system is shipped from STERLING COMPUTERS; accessories or parts
added to a STERLING COMPUTERS system through STERLING COMPUTER'S system integration
department; accessories or parts that are not installed in the STERLING COMPUTERS factory; or
STERLING COMPUTERS products. Monitors, keyboards, and mice that are STERLING COMPUTERS-
branded or that are included on STERLING COMPUTER'S standard price list are covered under this
warranty; all other monitors, keyboards, and mice (including those sold through the STERLING
COMPUTERS program) are not covered.
Limited Warranty Coverage (United States Only)
STERLING COMPUTERS will repair or replace products during the applicable term of this limited
warranty. To request warranty service, you must call STERLING COMPUTERS within the warranty
period. If warranty service is required, STERLING COMPUTERS will issue a Return Merchandise
Authorization number.
NOTE: Before you allow access to a PC/Notebook, back up the data on the hard disk drive(s) and
any other storage device(s) in the product(s). Remove any removable media, such as diskettes or
CDs. STERLING COMPUTERS does not accept liability for lost data or software.
STERLING COMPUTERS owns all product it has replaced and all parts removed from repaired
products. STERLING COMPUTERS uses new and reconditioned parts made by various manufacturers
in performing warranty repairs and building replacement products. If STERLING COMPUTERS repairs
or replaces a product, the original limited warranty term is not extended. t
RMA Policy
Sterling Computers requires our custorners to obtain a Return Merchandise Authorization (RMA)
number prior to returning Any product. Sterling Computers' return.policies identified below are
subject to either more restrictive returns terms established between Sterling Computers and product
manufacturers and publishers, or other restrictions/caps as listed in Sterling Computers standard Sales
Terms and Conditions. Please consult Sterling Computers' Manufacturer Return Policies and standard
Sales Terms and Conditions for the complete text of our return policies.
The validity period during which RMAs will rernairi open and product will be accepted by Sterling
Computers is twenty (20) days frorn the date Sterling•Computers issues the RMA. The customer must
2
allow for in-transit time for product to be returned to Sterling Computers, as Sterling Computers must
physically receive products within the twenty (20) calendar days.
CITY OF TIGARD submits a warranty claim, Sterling Computers issues an RMA number and
sends the warranty part(s) to the' CITY OF TIGARD. The CITY OF TIGARD will then send back
the defective part(s) under the issued RMA. Sterling Computers will bear transportation
charges and responsibility for equipment while in transit to and from the CITY OF TIGARD.
Sterling Computers will provide a warranty for ninety (90) days or the remainder of the
warranty term, whichever is longer, on all replacement components.
Sterling Computers guarantee that replacement parts for equipment in the contract will be
available for the contract period.
DOA Policy
Sterling Computers will furnish, without additional charge to the CITY OF TIGARD, a DOA policy
that provides replacement hardware components delivered non-functional at the customer site.
Sterling Computers will replace the component within seventy-two (72) hours of notification by CITY
OF TIGARD. The microcomputer, in its entirety, is considered a single component for this policy.
Lemon Policy
Sterling Computers will furnish, without additional charge to the CITY OF TIGARD, a lemon policy
that provides replacement hardware components in the event of three (3) hardware failures of any
component within thirty (30) days of installation at the customer site. The microcomputer, in its
entirety, is considered a single component for this policy.
Delivery Plan
Sterling Computers, in cooperation with its primarysupplier, Ingram Micro, has access to over
$3,000,000,000.00 of inventory on a daily basis. Additionally, Sterling Computers is able to ship
CITY OF TIGARD orders from twelve (12) different locations throughout the U.S.
Sterling Computers is financed by IBM Credit Corporation who provides funding based on the
customer's credit worthiness rather than the supplier. This allows Sterling Computers to fulfill any
order issued by CITY OF TIGARD regardless of the dollar amount.
Technology Infusion & Technical Resources
Sterling Computers maintains a large staff of technical personnel assigned to provide its customers
with proposed engineering changes to equipment or other requirements of existing contracts. The
personnel have experience in performance enhancements, energy savings, EOL items and increased
information processing.
Principal Support Office
Sterling Computers
24100 Narbonne Avenue, Ste. 103 310-325-9783
Lomita, CA 90717 Fax 310-548-5439
Primary Contact: Robert ones* rob cO~,;terlin,-cot-nl)uL(!rs.coni
Secondary Contact: Troy Jones
Technical Contact: Matt Heiler
Sales Support Personnel: .Five
Admin Support Personnel: Two
Management Support Personnel: Two
3
Past Performance, Current/Previous Contracts
SAIC
1710 SAIC Drive
Charles Medvitz
McClean, VA 22102
703-676-7291
Fax 703-676-7511
Contract Size: Ongoing
TRW
12900 Federal Systems Park Drive
Ronald Pence
Fairfax, VA 22033
703-803-5142
Fax 703-803-5157
Contract Size: Ongoing
Naval Surface Warfare Center
1922 Regulus Avenue, Code 5F31
Sandra Gomez
Virginia Beach, VA 23461-2097
757-492-8231
Fax 757-492-6933
Contract Size: Ongoing
Technical
The items proposed are exactly as specified without exception.
i•
4
y~ryV B US,~ m
U.S. Small Business Administration
Washington, D.C. 20416
a
1S Sr3R O~
MAR 2 9 1999
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Maggi )ones, President
Sterling Computers Corporation
24100.Narbonne Avenue, #103
Lomita, California 90717
Dear Ms. Jones:
Congratulationst Your firm has been certified as a Participant its the U.S. Small Business Administration's
(SBA) 8(a) (BD) program. Your nine (9) year program term begins on the date of this letter.
Additionally, your firm has been certified as a Small Disadvantaged Business (SDB) in the Federal
Government's SDB program. Your term of participation in the SDB program is concurrent with your 8(a) BD
certification.
During participation in the 8(a) program, you will receive business development assistance from an assigned
Business Opportunity Specialist in the Los Angeles District Office located at 330 North Brand Boulevard, Suite
1200, Glendale, California 91203-2304. The phone number is 8181552-3235. The District Office will also be
able to provide you with information on the SDB program and its benefits.
Your firm will become eligible to receive 8(a) contracts after you submit a business plan using SBA Form
I010C and receive SBA's approval of the plan. We are sending a copy of this certification letter to the SBA Los
Angeles District Office. That office will send you the business plan foram.
SBA requires that the President or Chief Executive Officer sign the Participation Agreement to show that he or
she understands the conditions of 8(a) BD program participation. Please read the Agreement, sign and date and
return it to the SBA Los Angeles District Office at the address shown above. The second copy is for you.
Even though your firm's approved Primary Standard Industrial Classification (SIC) Code is 7373, your firm may
be awarded contracts under other SIC Codes, as long as the firm is qualified to perform. In this regard, please
note that contracts awarded under 8(a) BD program authority generally result from the self marketing efforts of
the 8(a) firm. While your firm's acceptance into the 8(a) BD program is not a guarantee of contract support,
SBA will snake every effort to provide you with assistance in your marketing efforts.
We welcome you as an 8(a) program participant and look forward to working with ydu.
Sincerely,
e VAdministrator cior
8(a) B nt
Enclosures
EXHIBIT C
CITY OF TIGARD (Buyer)
STANDARD TERMS AND CONDITIONS
1. Packing & Shipment. Deliveries shall be made as specified, without charge for boxing, crating, carting or storage. Material shall be
suitably packed to ensure against damage from weather or transportation and to secure lowest transportation costs, and in accordance
with the requirements of common carriers. Buyer's Order number and symbols must be plainly marked on all invoices, packages,
bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Buyer's count or weight shall be
conclusive on shipment not accompanied by packing lists. Unless otherwise specifically agreed on the reverse side of this
Agreement, all costs of packaging and shipment are included in the purchase price and all goods will be shipped, with all costs
prepaid. Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by the Seller. Risk of loss
shall not pass to Buyer until the goods are delivered to and checked in at the location specified by Buyer in this Order.
2. Wan-an ty. Unless otherwise agreed in writing, Seller wan-ants that the products ordered will conform to the specifications herein
and to any drawings, samples, or other description furnished or adopted by Buyer. All products are warranted to be merchantable, to
be of the highest quality design, material, and workmanship and free from defect and to be fit for purpose intended. AN warranties
shall survive inspection or test, acceptance and payment. Warranties shall run to Buyer, its successors, assigns and customers.
Warranty period shall be (1) year from date of acceptance by Buyer.
3. hnspection and Acceptance. At Buyer's request, Seller shall provide a complete inspection program; satisfactory to Buyer, for
Buyer's inspection of all materials, fabricating methods, equipment in process work and finished products.
If this Order provides for inspection of the work by Buyer on site during the period of manufacture, Seller agrees to provide Buyer's
inspectors with reasonable facilities and assistance during such inspection. Inspection by Buyer shall not unduly delay the work.
Buyer may charge Seller any additional cost incurred by Buyer if the work is not ready in accordance with the inspection schedule.
Any inspection made or Waiver-of-hispection-Notice given by Buyer will not relieve Seller from its responsibilities for delivering
products and work hereunder.
Acceptance or rejection of the products shall be made up to 10 days after delivery and inspection by Buyer except as otherwise
provided herein. Failure to inspect and accept or reject products shall neither relieve Seller from responsibility for such products,
which do not meet the requirements herein nor impose liability on Buyer therefor.
4. Delivery. If Seller fails to meet the delivery schedule provided herein, Buyer may require Seller to deliver the products, or any
portion thereof, in any manner commercially necessary to speed delivery, all at the Seller's sole expense. Unless otherwise agreed
upon in writing by Buyer and Seller, Seller shall be required to pay the normal freight weight plus any premium rate required.
Invoices covering products shipped in advance of the date specified will not be paid until after the date specified for delivery and are
subject to rejection, as provided in this paragraph immediately below, if shipped too early.
Neither party shall be liable for delays or defaults due to strike, fire, windstorm, riot, natural disaster, war, civil unrest or other similar
unforeseeable cause beyond the control and without the fault or negligence of the party incurring such delay. Seller shall notify
Buyer in writing of the existence of such cause within five (5) days after the commencement of the delay or default giving pertinent
information concerning such cause. No delivery shall be made more than seven (7) days prior to the applicable delivery date, and
Buyer shall have the right to return earlier deliveries at Seller's risk and expense or charge to Seller any additional costs sustained
because of the same.
5. Buyer-Furnished Materials. Seller shall assume all risk of loss of any material famished by Buyer to Seller for use in performance
of this Order.
6. Taxes. Seller shall not invoice Buyer for any taxes nor include in Seller's price any federal excise, state, or city tax or any other tax,
unless Seller has fast asked Buyer for Buyer's tax exemption number and it has been agreed upon between both parties that Buyer is
not exempt from the tax.
7. Change . Buyer may, by written order, make changes including changes in drawings or specifications. Buyer will equitably adjust
any difference in cost or time for performance resulting from such change and the Order modified in writing accordingly. ANY
CLAIM BY SELLER UNDER THIS CLAUSE MUST BE ASSERTED IN WRITING WITHIN 30 DAYS FROM THE DATE
OF SELLER'S RECEIPT OF THE CHANGE ORDER OR THE CLAIM WILL NOT BE ALLOWED.
In the event that Buyer proposes any change prior to making such change by written order and such change will have an effect on
the warranty of the products procured by this Order, Seller shall notify Buyer in writing of such effect within 10 days of receipt of
such proposal.
8. Advertising. Seller shall not, without the written consent of Buyer, in any manner advertise or publish the fact that Seller has
famished or contracted to furnish to Buyer the products herein.
9. Cancellation for Cause. Buyer may cancel all or any part of the undelivered portion of this Order if Seller breaches any of the terns
hereof or in the event of any of the following: Insolvency of Seller, a voluntary or involuntary petition in bankruptcy for, by or
against Seller; the appointment of a receiver or trustee for Seller, or an assignment for the benefit of creditors by Seller or if Buyer
has reasonable cause to believe Seller will become insolvent, file for bankruptcy, go out of business or that the products being
shipped may be subject to lien, claim or attachment by a creditor of Seller. Any such cancellation under this section shall be
Purchase Agreement amended 8-01-01 3
cancellation for cause and in the event of such cancellation, Buyer shall have the right to complete, or cause to have completed, this
Order including the right to cause Seller to produce, without liability of any kind to the Buyer, proprietary items of the Seller as
necessary to complete the Order. The remedies and damages in this section shall be cumulative and in addition to any other or
further remedies provided at Law or in Equity, including reasonable and necessary attorney's fees and other costs of litigation.
10, Termination. City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this Agreement
at any time by giving notice to Seller. If City terminates the contract pursuant to this section, it shall pay Seller for goods
shipped by Seller prior to receipt by Seller of the notice of termination. City may deduct the amount of damages, if any,
sustained by City due to any breach of contract or warranty by Seller. Damages for breach of contract or warranty shall be
those allowed by Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs of
litigation at trial and on appeal.
11. Assignment and Subcontracting. Seller may not assign or subcontract any of its rights or obligations hereunder without the prior
written approval of Buyer. Any unapproved assignment shall be void. Seller shall be fully responsible for the acts or omissions of
any subcontractors and all persons employed by them, and neither the approval by Buyer of any subcontract nor anything contained
herein shall be deemed to create any contractual relation between the subcontractor and the Buyer. Buyer may assign its rights
under this Order.
12. Work on Buyer's Premises. If Seller's performance of this Order involves operations by Seller on Buyer's premises, Seller shall (a)
provide all necessary and sufficient safeguards and take all proper precautions against the occurrence of injury to any person or
damage to any property, and shall be responsible for and shall indemnify and hold harmless Buyer, its representatives, officers,
employees, and agents from any and all loss, suit, action or claim, including cost and attorney's fees, by reason of injury, including
death, to any person and carry public liability and property damage insurance with limits of liability of not less than $300,000 each,
unless higher limits are required by a signed purchase agreement, with contractual liability endorsement and such insurance of
employees as may be required by any workmen's compensation act or other law, regulation or ordinance which may apply in the
premises. Such public liability and property damage insurance shall also cover the operation of Seller's vehicles used in the
performance of Seller's operations. Any policy of insurance written in accordance with the foregoing shall be appropriately
endorsed to named Buyer, it's officials, employees and agents as additional insureds, Frith provisions that such insurance is primary
insurance with respect to their interest, and that any other insurance maintained by Buyer is excess and not contributory insurance
with the insurance required hereunder, with cross-liability or severability of interest provisions, and shall further provide that the
coverage provided thereby shall not be modified or discontinued or terminated except upon 30 days prior written notice to Buyer.
Compliance shall be verified by Certificate of Insurance with appropriate endorsements sent to Buyer prior to Seller commencing
work on Buyers premises. Any work performed on Buyer's premises must be done pursuant to all OSHA standards, all applicable
State and Federal health and safety laws, rules and regulations and all workers must be covered by workers' compensation insurance
furnished through and paid for by Seller.
13. Stop Work Order. Buyer may, at any time by written order to Seller, require Seller to stop all, or any part of the work called for by
this Order for a period of 90 days after the written order is delivered to Seller, and for any further period to which the parties may
agree and for any other period to which the parties may have agreed or as provided in Section 4, 10, and/or 11. Within the period of
90 days or less or within any extension of that period, Buyer shall either: (a) cancel the "Stop Work Order" and direct Seller to
resume work; or (b) terminate the work covered by this Order. If Buyer orders Seller to resume work, Seller shall be entitled to any
equitable adjustment pursuant to Section 8 provided a claim for such an adjustment shall be sr:-*nitted by Seller within 30 days after
the end of the period of work stoppage.
14. Payment. Payment date and cash discount period shall be caiculated from the date of Buyer's receipt of an acceptable invoice and
Buyer's acceptance of the products and supporting documentation at destination.
15. Information/Data. Unless otherwise agreed in writing any designs, drawings, specifications, or other manufacturing information
furnished by Buyer to Seller shall be confidential to Buyer and is furnished solely for the performance of this Order. All copies of
such information shall be returned to Buyer upon completion of the Order. Any designs, drawings, specifications, or other
manufacturing information delivered by Seller to Buyer may be used for any purpose whatsoever. The foregoing shall apply
notwithstanding the presence or absence of any contrary legend or statement on any of such information. All business and
governmental information materials containing business and governmental information provided by Buyer to Seller shall be treated
as confidential.
16. Compliance with Laws and Regulations. Seller warrants that all products, goods, or work delivered and performed shall comply
with all applicable Federal, State or Local Laws or Regulations including without limitation The Occupational Safety and Heath Act
(29 USC. Chapter 15); Federal Hazardous Material Transportation Act (49 USC. Chapter 27); Equal Employment Opportunity;
E.O. 11246 and 41 CFR Sections 60-1.4 and 60-1.7; Employment of the Handicapped E.O. 11758 and 41 CFR Section 60-741-4;
Utilization of Minority Enterprises E.O. 11625 and 41 CFR Subpart 1-1.13; Age Discrimination E.O. 11141, Employment of
Veterans E.O. 11701 and 41 CfR Section 50-250.4 and all rules, regulations and amendments issued pursuant to the foregoing.
Seller shall indemnity Buyer, its officers, employees and agents against any damages, penalties, costs or expenses incurred in
connection with any alleged violation of any Federal, State or Local Law or regulating the manufacture or sale to the Buyer of any
item covered by this Order.
17. Patents, Copyrights, Trademarks. Seiler warrants that no products will be furnished hereunder, which infringe or contribute to the
infringement of any letters patent, copyright or trademark. Seller agrees to immediately replace at its sole cost any products
[,Pu,,hase Agreement amended 8-01-01 4
furnished hereunder which infringe or contribute to the infringement of any letters patent, copyright or trademark or to take all steps
necessary at Seller's sole expense to remove such infringement.
Seller will indemnify and hold harmless Buyer, its representatives, officers, employees and agents from and against any and all
costs, royalties, damages and/or expenses which may arise out of or result from, or be reasonably incurred in contesting any claims
that the methods, processes or acts by the Seller or its employees or the products furnished hereunder, infringes or contributes to the
infringement of any letters, patent, copyright or trademark.
18. Waiver. The failure of Buyer to enforce at any time any of the provisions of this Order or to exercise any option herein provided,
shall not be a present or future waiver of such provisions, nor in any way affect the validity of this Order or any part hereof, or the
right thereafter to enforce each and every such provision. The express waiver (whether one (1) or more times) of any provision,
condition or requirement shall riot constitute a waiver of any future obligation to comply with such provision, condition or
requirement.
19. Independent Contractor. Seller is an independent contractor and persons employed by Seller shall be employees of Seller and not
employees of Buyer.
20. Co lete Agreement. The Purchase Order and any referenced attachments constitute the complete agreement between the parties.
Except as otherwise provided herein, it is subject to change only by an instrument signed in writing by both parties.
21. Acceptance by Performance. If Seller fails provide to Buyer with a signed copy of this order, but delivers product or performs the
services specified in this agreement, then Seller agrees that the Seller shall be deemed to have accepted the terms and conditions of
this order, as provided on both the front and this reverse side of the order. Buyer must agree any changes or modifications to this
order by Seller to, in writing, or they shall not be deemed accepted by Buyer and if the Seller delivers the products nonetheless, then
the original terms and conditions of this order shall govem.
22. Mandatory Mediation and Binding Arbitration. If there is a dispute concerning any of the terms, conditions or the performance of
this order, then it is hereby agreed by both Buyer and Seller that the dispute shall be submitted first to non-binding mediation, to be
performed by a sole mediator to be agreed upon between Buyer and Seller. If a mediator cannot be agreed upon, then the parties
agree that any Circuit Court judge for the State of Oregon, County of Washington, shall be authorized to appoint a mediator for the
parties.
Should the parties fail to reach an agreement through mediation, then the parties shall submit to binding arbitration, which shall be
governed by the rules of the Arbitration Service of Portland, and shall be conducted within Washington County. The arbitration
shall be conducted by a single arbitrator chosen by mutual agreement of the parties. If the parties are unable to agree on an
arbitrator, the parties shall ask the Presiding Judge of the Circuit Court for Washington County to select the arbitrator. If the
arbitrators determine that one party is the prevailing party, then the losing party shall be required to pay all fees and costs of the
arbitration. On the other hand, if the arbitrators determine that neither party is to be considered the prevailing party, then the fees and
costs of the arbitration shall be divided equally between the parties. The parties knowingly and voluntarily waive their rights to have
their dispute tried and adjudicated by a judge or jury. In the event a party fails to proceed with arbitration, unsuccessfully challenges
the arbitrator's award, or fails to comply with the arbitrator's award, then the other party shall be entitled to costs, including
reasonable attorney fees, for having to compel arbitration or defend or enforce the award. The parties agree to defend the arbitrator
and any individual engaged in the administration of an arbitration proceeding from any subpoenas or claims from third parties
arising out of this order or the arbitration.
23. Jurisdiction and Attorney Fees. This order shall be governed and construed according to the laws of the State of Oregon. If a
dispute shall arise under this order necessitating the services of an attorney, then the prevailing party shall be entitled to collect from
the losing party all of its/his/her reasonable costs and attorney fees, either in arbitration (if awarded by the arbitrator as provided
above), or by a court before which any matter concerning this order may be heard, both at trial and on appeal.
24. Neutral Interpretation. This order constitutes the product of negotiations between the parties hereto. Any enforcement hereof will be
interpreted in a neutral manner and not more strongly for or against any party based upon the source of draftsmanship.
25. Severability. Nothing contained herein shall be construed to require the commission of any act contrary to law, and wherever there
is any conflict between the provisions contained herein and any present or future statute, law, ordinance or regulation contrary to
which to the parties have no legal right to contract, the latter shall prevail. The provision of this Agreement, which is affected, shall
be curtailed and limited only to the extent necessary to bring it within the requirement of the law.
26. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of
Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, then that period shall be extended to
include the next day which is not a Saturday, Sunday or holiday.
Notice. Any notice required or pemmitted to be given by either party to the other shall be deemed to have been given when sent via
telecopy, overnight air courier, or deposited in the United States mail certified, return receipt requested, with first class postage
prepaid, addressed as indicated on the front of this order, or addressed to either party at such other address as such party shall
hereafter furnish to the other party in writing. Notice shall also be considered effective upon delivery if personally delivered.
27. Conditions of Supplying a Public Agency. Where applicable, seller must make payment promptly as due to persons supplying Seller
labor or materials for the execution of the work provided by this order. Seller must pay all contributions or amounts due from Seller
to the industrial accident fund incurred in the performance of this order. Seller shall not permit any lien or claim to be filed or
prosecuted against Buyer or any subdivision of Buyer on account of any labor or material to be furnished. Seller further agrees to
pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
Purchase Agreement amended 8-01-01 5
28. Payment of Claims by Public ( .ricers. In the event that Seller fails, neglects or refuses to make prompt payment of any claim for
labor or services famished to Seller or a subcontractor of Seller by any person in connection with the performance of this order when
such claim becomes due, then the proper officer or officers representing the Buyer hereunder may pay such claim to the person
furnishing the labor or services and charge the amount of the payment against the funds due or to become due to the Seller by reason
of this order. The payment of a claim in the manner authorized by this provision shall not relieve the Seller or any of the Seller's
suety from obligations with respect to any unpaid claims.
29. Health Care Benefits for Seller's Employees. If this order involves public service, then Seller must provide health care benefits to all
employees who are performing services previously performed by public employees perforating similar duties under this order.
30. Hours of Labor. If labor is performed under this order, then no person shall be employed for more than eight (8) hours in any one
day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it,
and in such cases, except cases of contracts for personal services as defined in ORS 279.050, the labor shall be paid at least time and
a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as
specified in ORS 279.334. In cases of contracts for personal services as defined in ORS 279.050, any labor shall be paid at least time
and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS
653.010 to 653.260 or under 29 USC SS 201-209.
31. Medical Care and Workers' Cor:roensation. Seller shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the
employees of such Seller, of all sums which the Seller agrees to pay for such services and all moneys and sums which the Seller
collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or
paying for such service.
Purchase Agreement amended 8-01-01 6
.Y r
AGENDA ITEM #
FOR AGENDA OF October 9.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Beyond Tomorrow - Vision Update
PREPARED BY: L. Mi1ls & Liz Newton DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Hear about recent progress on Tigard Beyond Tomorrow efforts.
STAFF RECOMMENDATION
Receive update of recent progress on Tigard Beyond Tomorrow efforts.
INFORMATION SUMMARY
In 1996, the Tigard City Council expressed concern that the community's future was too important to leave to
chance and directed a process to pull resources together to determine long-tern goals for Tigard. Residents,
government professionals, business people, and community group leaders volunteered to work together to
determine the community's future direction. Adopting the naive "Tigard Beyond Tomorrow," they established a
process that defined a vision for our community and identified resources for implementing that vision through
partnership of individuals and organizations.
Each year since 1996, members of our community have reviewed and updated the strategies and action plans to
accomplish the goals of "Tigard Beyond Tomorrow." This annual review is critical to ensure we stay on track with
the changing times and desires of our community.
"Tigard Beyond Tomorrow" is alive and well! The goals and strategies developed by this community to shape our
future are considered when the City Council considers a decision, as City staff plan and develop work plans each
year, and as our community partners make decisions for the future.
The purpose of this presentation is to celebrate the City's 40`s Birthday by honoring the vision of our community
and its partners that are actively shaping our future. There are six target areas of activity being monitored through
the community's vision. The staff liaison for each area will briefly share accomplishments from the last few
months. The targeted areas for community goals are:
➢ Community Character & Quality of Life
➢ Growth & Growth Management
Public Safety
➢ Schools & Education
➢ Transportation & Traffic
Urban & Public Services
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COTv MITTEE STRATEGY
N/A
ATTACHMENT LIST
N/A
FISCAL NOTES
N/A
I,
f'
Community Character & Quality of Life - Update September 2001
Communication
• Council agendas and packets are now "online."
• Press releases are monitored - many more are being picked up by the Tigard
Times. Press Releases are issued every week.
• Community Connector Program continues to grow. Communications are
issued every other week.
• Staff has reviewed. Citizen involvement teams are not necessarily broadcast
every month. When'rhere is no CIT meeting, educational/informational
programs are prepared for broadcast.
• Cityscape continues to be used to feature the CIT program.
Volunteerism
• Volunteerism continues to grow in the City of Tigard with work being
accomplished in all City Departments by volunteers.
Central Business District
9 Tigard Central Business District Association (TCBDA) withdrew proposal to
form an Economic Improvement District after the City received objections
from more than 33% of those who would be in the District. TCBDA now
considering what direction to take.
• Events scheduled in the downtown year since this time last year include a
"Trick or Treat" event for children, Tree Lighting during the Christmas
holidays, and the Tigard Blast (held in August).
Community Events
e Sponsorship agreements are scheduled to be finalized this fall for the Balloon
Festival, Broadway Rose Theater, and the 4th of July organization.
• New events held or planned included: The Tigard Blast (August); 40th
Birthday Celebration (September) ; and the Olympic Torch Run (January
2002).
Community Aesthetics
• Open Space efforts included participating with Metro to identify and acquire
open space. Most recent acquisitions include property for Woodard Park, the
"Brown" property. Also expanded Cook Park. Added trails - Fanno Creek
Trail system. Looking a purchasing property on Bull Mountain, also
reviewing Gage property (Bond Street area).
• Measure 7 is still not settled (being appealed in courts). City will move
cautiously on some items; others are postponed.
• Community Art efforts included forming a Committee with City staff, School
District Staff and citizens. Fowler Middle School students developed a project
for the island at Tiedeman/Walnut. The Committee is developing a process
for acquisition and display/construction of community art projects.
• Council, several years ago, decided that rather than develop design standards
for the entire community, the City should focus on specific areas. Tigard
Triangle has standards in place in the Development Code. Washington
Square area will likely have standards soon (hearing scheduled before the
Planning Commission this fall; Council to review in early 2002).
• No Design Review Committee has been established, but within the Tigard
Triangle and Washington Square Plans, a Design Evaluation Team can be
formed if a developer says he/she cannot meet the standards; the Team
reviews and recommends what can be done for relief.
I:\ADKCATHY\PROJECTS\COMMUNITY CHARACTER SEPTEMBER 01 UPDATE.DOC
`a
P k~:~,~j
~,7' T f` e ~
'~.'-ems e a k1~ H
~
_ - tfi1
F
~
C~
04/10/00
i
1
a
city of
1 1 I
1 1 1~ 1 1 1 1
{ ~ 1 s 1
1 1 t l 1
1 i l
1
f~
Yf - ,~'J
04/10/00
1
it
1 1 sn~,
-tr
~ W.~Nnplen ~Vwr~RNloiwlGnW
11~'/~\C~ X11
, { r
l . LW .x
1au'r
TT
jj W"WROTONEOUAAE REGIONAL CEMiFl1 tL--
1 1 WETLANDSs~ -
isa
3
44I101p4
,G
ItC
J i!
+ 1 +
1 ~
t 1
1 ' 1
~ t
1
t •
1 1
+ 1 t t
1, It 1
A tl t
7 ' t 1 ~
1 '
a +
a ~
a
S
7
H
04/ 10/00
I 4
1 I
n
~USPFRiOlfiall~ ~
RRE ~~EL~YAflI!&+1iRFppfiF~CTl1T"ki
I i
P.c
5
9
® AA
i
UUMtiv i
04/ 1 v/vv
I I I
II I
I II I I I I
I I I I ► 1 1 1
VIII 1 1 I I I II
;tH: }
~ I I I
7
04110100
woo
.q
t S 5
t
5 1 1
.1 1 1
,r r
4 ~
I+I
f
t
1 5 5
I I
~ t
~ 11
8
I
V`
7
~ _
a
~ ~ ~F
<<
I,.
i
S'~
04/10/00
' I
• ~ i I i
i
i
1
i
a
a
10
oa't~oioa
P
1 L
X~
5Y
P
ate
Lam:, !I~ .
t
S%t9 lk
P
LEG1 jj,vv,f b i rtlY
;f
{
i
1
C
t _
II {
C
.if'.4.
I
a-oil
9
C
1^
..I
n
1
N
r.
04/10/00
two=
NiH:r I
MGM
,.y iY.t Yl • ,t I I I~ h iORI! Oltll~O ~
40
e6r COOK PARK DPAN6
PMABM PLAN
q 1 .
1 i ?py.~p}
~js fzr l I
I'
r . e o
13
v
0
0
c
r.
0
ra~:~Y
. :i
:;ti'
. j~=yv
r:~ ::'a: tom`
;:::a :~i::a,a
r!t
t
- _
v-^
'Y
~1
~`-i 1
i~ r~
win
::i r i
J'rti :T `3
~~:r`~"
AGENDA ITEM # _
FOR AGENDA OF October 9, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A resolution approving _a Supplemental Budget for FY 2001-02 for the Parks SDC
Fund and the Underground Utility Fund. f • /
PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK (A
ISSUE BEFORE THE COUNCIL
Should the Council adopt a Supplemental Budget for the City of Tigard?
STAFF RECOMMENDATION
Adopt the Supplemental Budget
INFORMATION SUMMARY
The City of Tigard's budget for FY 2001-02 was adopted in June 2001. Since that time, staff has identified
changes that need to be made to two City funds in sufficient magnitude that the City must adopt a Supplemental
Budget.
Under state law, jurisdictions may not increase the resources in any of their funds (except for recognizing gifts,
grants or donations) without first adopting a Supplemental Budget. State Law establishes that any increases to
resources in any one fund of more than 10% must first be approved by the Budget Committee following public
notice and public hearing.
The City of Tigard Supplemental Budget will affect two City funds: Parks SDC and Underground Utility.
Parks SDC Fund
The Parks SDC Fund Budget as originally adopted included $821,764 of systems development charge funds for the
construction of Phase I of the Cook Park Master Plan and two other projects. The Cook Park Master Plan calls for
the installation of additional parking, sports fields, trails, restrooms and other amenities in Cook Park. Because of
limited funds available, this master plan was to be implemented over a three to four year period. The extended
construction period would have prolonged disruption in the park, increased construction costs due to inflation, and
delayed the time at which Tigard citizens would enjoy the benefits of these improvements. In addition, this project
required the use of almost all of the Parks SDC money available, which limited the amount of work that could be
done in other City parks.
In July 2001, the City was awarded a grant of $250,000 by the Oregon State Parks Department for the Cook Park
Project, which allowed an acceleration of the construction schedule. In addition, the City applied for a loan from
the Oregon Economic and Community Development Department (OECDD) to cover the portion of project costs
not covered by the grant.
On August 2, 2001, OECDD approved the City's application for the $2.29 million loan. The term of the loan will
be 10 years and the interest rate will be set in December 2001 following a state bond sale. OECDD expects the
final interest rate will be less than 4.5%. Loan repayments will be made from Parks SDC money. Final loan
documents will be submitted to the City for approval later this fall.
The Supplemental Budget recognizes the OECDD loan as a revenue to the Parks SDC Fund and appropriates that
portion that is likely to be spent in FY 2001-02. This action does not change the original appropriation of City
funds to allow that money to be used for debt service or other parks projects as needed.
Underground Utility Fund
The Underground Utility Fund contains payments from developers used to place utilities (electrical and telephone)
underground. These projects are carried out in conjunction with street improvement projects paid for by other
funds. The FY 2001-02 Budget included $40,000 for placing utilities underground. The budget was based on the
assumption that projects underway in FY 2000-01 would be completed before the end of the fiscal year.
Last fiscal year (FY 2000-01) the Underground Utility Fund included money to pay for undergrounding utilities as
part of the Walnut St. and 1215L Ave. Intersection Improvements. That project was substantially completed during
FY 2000-01, but in August, the City received a bill for an additional $41,000 of work performed by Washington
County. The FY 2001-02 Budget assumed that all work on this project would be completed and paid for last fiscal
year. It is necessary to adjust the budget in the Underground Utility Fund to allow for this payment in addition to
the work planned for FY 2001-02. The Supplemental Budget recognizes the actual FY 2001-02 Beginning Fund
balance (which is $28,007 higher than estimated in the Budget), plus $10,000 of other revenues from miscellaneous
fees and payments. These additional resources, in combination with the fund contingency will be sufficient to
make this final payment of the Walnut & 121" Ave. Project.
Budget Committee Dearing
Notice of a hearing before the City of Tigard Budget Committee and of this October 9 hearing was published on
September 6, 2001. The Budget Committee met on September 18, held a public hearing, and approved the
Supplemental Budget with an amendment to the portion for the Parks SDC Fund to adjust the resources to the
amount that will actually be received in FY 2001-02 (rather than the full loan amount.) The attached resolution
reflects the Supplemental Budget as approved by the Budget Committee.
OTHER ALTERNATIVES CONSIDERED
Do not approve the supplemental budget. If this action is not approved, however, the Cook Park Project will
not be implemented sooner. In addition, the City will have to use funds budgeted in the Underground Utility
Fund for the final payment on the Walnut & 12151 Ave. project and would be unable to undertake any further
undergrounding projects in FY 2001-02.
j VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
I
N/A
ATTACHMEI4T LIST
Resolution
FISCAL NOTES
Parks SDC Fund - Increases resources and requirements by $1,698,742.
Underground Utility Fund - Increases resources and requirements by $39,547.
Nil -~M
AGENDA ITEM #
FOR AGENDA OF 10/9/01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Municipal Code Chgpter 2.16 Code Amendment
PREPARED BY: Judge O'Brien & N. Robinson DEPT HEAD OK-jCP-- CITY MGR OK
ISSUE BEFORE THE COUNCIL
The City has embarked on a plan to update its Municipal Code. Amendment of Chapter 2.16 is the first step in
updating the codes relevant to the functioning of the City's municipal court.
STAFF RECOMMENDATION
Update Chapter 2.16 as recommended
INFORMATION SUMMARY
With the exception of a 1999 amendment to grant the Municipal Judge authority to issue warrants, Tigard
Municipal Code Chapter 2.16 has not been updated since the 19Ws. The changes proposed in section 2.16.030
will update the reference to the relevant state statute and affirm that a pro tempore municipal judge has the same
powers as the municipal judge. This power was previously granted in 2.16.050.
The amendents in section 2.16.050 move the language related to the pro tempore municipal judge into section
2.16.030. Additionally, the language proposed regarding the additional powers specifically conferred by the code
is recommended to allow the judge, in his capacity as hearings officer, to impose penalties which exceed those
granted by statute to a justice of the peace.
OTHER ALTERNATIVES CONSIDERED
Leave the code as it currently is.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None
ATTACHMENT LIST
An ordinance adopting the changes in language proposed for chapter 2.16.
FISCAL NOTES
There will be no costs associated with the amendments.
AGENDA ITEM #
FOR AGENDA OF October 9. 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Ordinance amending Tigard Municipal Code Sections 12.10.180 and adding new
sections 12.10.300, 12 10 310 12.10.320 12.10.330, and 12.10.340.6
PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK _
ISSUE BEFORE THE COUNCIL
Shall the City Council approve this ordinance which amends the existing Tigard Municipal Code Section 12.10
and resolution amending the "Rules, Rates and Regulations for Water Service Handbook" clarifing the process to
be used to curtail water usage when water shortages occur or are anticipated.
STAFF RECOMMENDATION
Staff recommends approval of this ordinance and resolution. The Intergovernmental Water Board considered these
changes at the July 11, 2001 meeting and recommended approval.
INFORMATION SUMMARY
This is a housekeeping measure, in that the existing provisions are outdated and do not reflect the current practices
and procedures that Tigard would need to follow in the case of a water use restriction imposed upon us by one of
our suppliers, or as a regional decision imposed by the State. While we do not foresee this happening this year, staff
believes it is prudent to have provisions in place, so that we would be able to act quickly.
Additionally, these amendments contain the provision allowing the Public Works Director to initiate various
limitations in water use. This provision was added to allow for a fast response to water supply problems, which
would most likely be needed in the case of a major facility failure such as a supply line rupture, pump station failure
due to fire or earthquake, flood damage, etc. Please note that any restrictions imposed by the Public Works Director
are automatically reviewed by the Tigard City Council at their next meeting.
Tigard and most other suburban purveyors using Portland water are legally obligated by contract to follow
Portland's lead in water curtailment issues. This ordinance would accomplish that, in that the levels of prohibition
are consistent with the City of Portland curtailment plan.
The attached memorandum from the City Attorney's office explains why their recommendation is to amend both
the Tigard Municipal Code and the Rules, Rates and Regulations for water Service Handbook. The issue we are
really trying to work through is providing equal treatment to all customers in the area governed by the
Intergovernmental Water Board. Passage of the attached ordinance and resolution accomplishes that.
OTHER ALTERNATIVES CONSIDERED
No action on this issue would leave Tigard with an ordinance provision that would most likely require passage
of this ordinance or something similar to it in an emergency situation.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable
ATTACHMENT LIST
Memo dated June 29, 2001 to the Intergovernmental Water Board
Memorandum from the City Attorney's office
■ Copy of the ordinance
Copy of the resolution.
FISCAL NOTES
Passage of this ordinance and resolution has no fiscal impact.
N
MEMORANDUM
TO: Intergovemmentai Water Board
FROM: Dennis Koellermeier, Utilitiy Manager
RE: Water Use Ristrictions
DATE: June 29, 2001
The purpose of this memo is to brief the Board on current efforts to update the existing
provisions in the Tigard Municipal Code and the Rules, Rates and Regulations for
Water Service Handbook as those two documents relate to water use restrictions.
This is a housekeeping measure, in that the existing provisions are outdated and do not
reflect the current practices and procedures that Tigard would most likely need to follow
in the case of a water use restriction imposed upon us by one of our suppliers, or as a
regional decision imposed by the State. While we do not foresee this happening this
summer, staff believes it is prudent to have provisions in place, so that we would be
able to act quickly.
Additionally, these amendments contain the provision allowing the Public Works
Director to initiate various limitations in water use. This provision was added to allow for
a fast response to water supply problem, which would most likely be needed in the case
of a major facility failure such as a supply line rupture, pump station failure due to fire or
earthquake, flood damage, etc. Please note that any restriction imposed by the Public
Works Director is automatically reviewed by the Tigard City Council at their next
meeting.
Tigard and most other suburban purveyors using Portland water are legally obligated by
contract to follow Portland's lead in water curtailment issues. This also makes sense at
the public information level. Since most of the major media coverage is focused on
Portland, and not the surrounding areas, experience shows us that that the Portland
i message gets applied all, in that many customers do not understand where their water
i comes from.
i
The attached memorandum from the City Attorney's office explains why their
recommendation is to amend both the Tigard Municipal Code and the Rules, Rates and
Regulations for water Service Handbook. The issue we are really trying to work through
is providing equal treatment to all customers in the area governed by the
3 Intergovemmental Water Board. Passage of the attached ordinance and resolution
a accomplishes that.
4
Recommendation: The IWB review the attached ordinance and resolution and pass a
motion indicating their support of these amendments to the City Council.
H
1
i
a~
i
JUN, 12 101 09:57AM RAMI5 CREW CORRIGAN P.2
M1W
omig &
ATTORMYS AT LAW
1727 N.W. Hoyt SUm MEMORANDUM
Portland, Omm 97209 (503) 222-4402
Fax: (503)243-2944
TO: Dennis Koellermeier, City of Tigard
FROM: Timothy V. Ramis, Gary Firestone, City Attorney's Office
DATE: June 11, 2001
RE: Water Restrictions
BACKGROUND
An ordinance has been prepared for the City of Tigard to expand its Municipal Code
provisions relating to restrictions on water use in drought and other emergency situations. The City
also provides water to other local jurisdictions under a series of intergovernmental agreements.
ISSUES
Will adoption of the code provisions by the City of Tigard be binding on those who receive
water from Tigard but live in one of the other jurisdictions?
Is there any other means by which the City can impose restrictions on residents of other areas?
Does Tigard have any additional authority to restrict water to other jurisdictions?
Given that the City of Tigard can change the regulations applicable thoughout the water
service territory, should the City also amend its municipal code?
ANSWER
The TMC provisions will apply only within the City of Tigard,
The Tigard City Council can include similar restrictions in the Rules, Rates and leguleadom
Jun 12 '01 UV:58AM RAMIS CREW CORRIGAN r.~
Memorandum re: Water Restrictions
June 11, 2001
Page 2
for Water Service Handbook. Any new regulations must first be reviewed by the IWB. The
regulations, once adopted, are binding though the various intergovernmental agreements.
If for some reason the regulations are not adopted as part of the Rules, Rates and Regulations
for Water Service Handbook or are ineffective, the IGAs among the parties allow the City of Tigard
to restrict water, so long as each jurisdiction shares equally in any reduction.
The City should probably amend its code. Most citizens will refer to the Municipal Code.
While its authority to adopt regulations is clearly stated in the IGAs with the various jurisdictions, the
City's authority to adopt code provisions governing those within the City is even clearer.
ANALYSIS
With limited exceptions, a municipal code only applies within the municipality that adopts the
code. The exceptions are when state law grants the municipality extraterritorial powers or when an
intergovernmental agreement transfers responsibility from one government to another. The IGAs
between Tigard and the various other jurisdictions receiving water from Tigard do not give Tigard the
authority to impose these types of jurisdiction through its municipal code. Therefore, any restrictions
imposed through the Tigard Municipal Code will apply only within the City.
The City does have the authority to impose restrictions on those who are served by Tigard but
are in other jurisdictions. The intergovernmental agreements with the other entities all provide that
the Tigard City Council, after review by the IWB, may modify, alter or repeal the Rules Rates and
Regulations for Water Service Handbook that provides regulations for all those receiving water in
any of the jurisdictions. IGA Section 8. The City Council therefore has authority to amend the
existing Rules Rates and Regulations to include restrictions similar to those included in the draft
ordinance.
In addition to its authority to adopt regulations restricting use, the IGAs also give the City the
authority to restrict water. IGA, Section 7A provides: "Tigard will provide water to properties and
customers in all jurisdictions equally. If circumstances require water restrictions, each jurisdiction
shall share equally." This provision allows Tigard to restrict water, so long as the restrictions are
shared equally among the districts.
Even though the City Council can amend the regulations, which would be effective both
within Tigard and in the other jurisdictions, it is advisable to amend the Municipal Code to contain the
same restrictions as the Rules Rates and Regulations. More people have access to the Municipal
Code and it is the first place most people would look to determine what rules apply. It is also
JUIV 1G 'l3I 09a5E*41 RRMIS C LW COWIGRN P•4
a Memorandum re: Water Restrictions
June 11, 2001
Page 3
appropriate to have important rules of general applicability, especially those that authorize additional
action by the City Council, within the Municipal Code. While the City has authority under the IGAs
to adopt regulations, its authority under its charter to adopt code provisions would remove any
reasonable doubt as to the legality of an emergency water curtailment within the City.
CNnurd\T*ud\rrut=vuttt *'006080t.wpd
3
AGENDA ITEM # g
FOR AGENDA OF 10/09/01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE TM Police Reserves
PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK_ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should TMC 2.28.20 be changed to eliminate the maximum age limitation of 60 years of age for police reserve
officer.
STAFF RECOMMENDATION
Staff recommends that the change to the ordinance be approved.
INFORMATION SUMMARY
Currently the TMC states that members of the police reserve shall be no more than 60 years of age. This is
clearly discriminatory and should be eliminated.
OTHER ALTERNATIVES CONSIDERED
No other alternatives considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not related.
ATTACHMENTS
Ordinance amending Section TMC 2.28.20
Current TMC 2.28.20
FISCAL NQTES
There are no additional costs attached to this change.
i:~aityMde\sum.dot
AGENDA ITEM #
FOR AGENDA OF 10/09/01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE TMC - Permit Issuance Conditions (oversize loads)
PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK _ CITY MGR OK &
ISS TE BEFORE THE COUNCIL
Should TMC 10.50 be amended to read "no move shall begin before 9:00 AM on weekdays and must be
completed by 3:00 PM."
STAFF RECOMMENDATION
Staff recommends that the change to the ordinance be approved.
INFORMATION SUMMARY
Currently the ordinance states that no move shall take place during the periods of 7:00 AM through 9:00 AM
Monday through Friday, without approval of the Chief of Police. The recommendation is that the language be
changed to specifically state that no move shall begin before 9:00 AM on weekdays and must be completed by
3:00 PM. The part missing primarily is the completion time of 3:00 PM. This is just before the busy rush hour
traffic starts. This would be extremely beneficial to us and the general motoring public regarding navigating the
streets during extremely congested and busy times. Weekends are exempt from the above 7:00 AM to 9:00 AM
time restrictions, but the move must be completed by 3:00 PM.
OTHER ALTERNATIVES CONSIDERED
No other alternatives considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The Tigard Beyond Tomorrow Public Safety strategy would cover this area.
ATTACHMENTS
Ordinance amending Section TMC 10.50.080 (6)
Current TMC 10.50
FISCAL NOTES
There are no additional costs attached to this change.
AGENDA ITEM #
FOR AGENDA OF October 9, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Ordinance Amending Chapter 14.20 Moving of Buildings of the Tigard Municipal
Code
PREPARED BY: Gai,-} Lampella DEPT HEAD OK MGR OK
ISSUE BEFORE THE COUNCIL
An Ordinance amending Chapter 14.20 Moving of Buildings of the Tigard Municipal Code so it corresponds with
the definitions found in Chapter 10.50 Moving of Oversize Loads.
STAFF RECOMMENDATION
Approve the Ordinance as shown in "Attachment V.
INFORMATION SUMMARY
This is in conjunction with the ordinance change of Chapter 10.50 submitted by the Police Department. Moving of
Oversize Loads ties in with Chapter 14.20 Moving of Buildings. In reviewing both chapters, it was found that the
definitions were inconsistent with each other. The definition for "Building" in Chapter 14.20 was the definition for
"Oversize Load" in Chapter 10.50, and there was no definition in 14.20 for "Structure" or "Oversize Load." The
definition for "Building" was therefore changed in 14.20 to be the same as 10.50 and new definitions for
"Structure" and "Oversize Load" were added.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Attachment 1 - Proposed Ordinance and amended Chapter 14.20 of the TMC
FISCAL NOTES
N/A
r
AGENDA ITEM #
FOR AGENDA OF October 2. 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Consider an Ordinance Amending or Adding Sections to Chapters 1 and 2 of the
Tigard Municipal Code
PREPARED BY: C. Wheatley DEPT HEAD OK CITY MGR OK LANt-
ISSUE BEFORE THE COUNCIL
Consider an ordinance to amend or add sections to Chapters 1 and 2 of the Tigard Municipal Code.
STAFF RECOMMENDATION
Approve the proposed ordinance.
INFORMATION SUMMARY
On July 17, 2001, City Recorder Cathy Wheatley reviewed with the City Council proposed changes for several
sections of Chapters 1 and 2 of the Tigard Municipal Code.
Please see the attached memorandum from City Recorder Wheatley outlining the recommendations for amending
or adding sections to the Tigard Municipal Code as a result of Council discussion and direction on July 17.
OTHER ALTERNATIVES CONSIDERED
Suggest additional amendments to the proposed ordinance.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
A. Memorandum from City Recorder Wheatley to the Mayor and City Council dated September 21, 2001.
B. Proposed Ordinance and Exhibit A.
FISCAL NOTES
N/A
I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIESUNIC AMEND CHAP 2 AND 2.DOC
0
MEMORANDUM
TO: Honorable Mayor & City Council MUM
FROM: Cathy Wheatley, City Recorder
RE: Revisions to Chapters 1 and 2 of the Tigard Municipal Code
DATE: September 21, 2001
The attached proposed Ordinance and Exhibit A are submitted for City Council
consideration.
Council, at its July 17, 2001, workshop meeting discussed the proposed changes to
Chapters 1 and 2 of the Tigard Municipal Code to update and add certain sections.
Here is a summary of the changes shown in Exhibit A to the proposed Ordinance:
• Chapter 1.01.010 cites the official name of Tigard's codified ordinances as the
"Tigard Municipal Code" (TMC) and provides language that outlines the
current practice of updating the code by the City Recorder.
• Chapter 1.01.080 is a new section that allows the City Recorder to edit the
TMC within prescribed parameters.
• Chapter 1.12.040 adds language setting a filing deadline for initiative
petitions. Currently, initiative petitions can be kept "open" indefinitely unless a
deadline is established.
I talked with representatives from the Secretary of State's Election Division
about guidelines for establishing a deadline for initiative petitions and was
directed to the City of Salem's Municipal Code. Salem has a 100-day
process for initiative petitions. I also checked with the Washington County
Elections Division and learned that Washington County has a 90-day process
in place. Therefore, I recommend that we use the 90-day process to be
consistent with our county. Attorney Gary Firestone assisted in writing this
new language.
• Chapter 2.56.010 changes language as discussed by the City Council on
July 17 relating to the appointment and removal of the City Recorder. The
proposed changes have the following effect: updates the title of City
Administrator to City Manager and states that the City Recorder is appointed
and removed upon the advice of the City Manager and the consent of the
majority of council. Language was removed that referred to the incumbent
City Recorder since Loreen Mills was the incumbent at the time this was
written and this provision is no longer necessary.
a Chapter 2.60.010 changes language as discussed by the City Council on
July 17 relating to the appointment and removal of the City Attorney. The
language was changed so that the city attorney is appointed and removed
with the consent of the majority of council rather than stating that appointment
is made by the mayor.
I:1HDM\CATHY%000NCILWEMO - CHANGES TO CHAP 1 ANO 2 TMC.000