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Tualatin Riverkeepers ~ C130008 c "II 1ItiAP.1 City of Tigard July 30, 2014 Tualatin Riverkeepers Attn.: Mike Skuja 11675 SW Hazelbrook Rd Tualatin, OR 97062 REF.: Dirksen Park Education Program/Summer Creek Education Plan FY2012-2015 Period:July 1, 2014 through June 30, 2015 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Skuja The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its second (2nd) one-year extension to the Contract effective from July 1, 2014 through June 30, 2015. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Tualatin Riverkeepers. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 jamie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms,and conditions as set forth in the above referenced ontract. Company: \ Lc\tt11/\ ik`kUt/L IJ Signed: Date: 7/3 O/I t( Printed: fiat S •1 4 Contract Number„ ICeS--- CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT SUMMER CREEK EDUCATION PLAN FISCAL YEARS 2012-2013 THROUGH 2014-2015 THIS AGREEMENT made and entered into this 1st day of July, 2012 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Tualatin Riverkeepers, hereinafter called Contractor. RECITALS WHEREAS, the City's 2012-2013 fiscal year budget provides for services related to an education plan and program at Summer Creek Park; and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE,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. Any and all work assigned by the City will be contained in subsequent scope of work as needed 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on June 30, 2013. The City and Contractor may agree to two (2) additional one-year extensions to this Agreement. The total life of this Agreement shall not exceed three (3) years. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The total amount paid to the Contractor by the City during any given fiscal year shall not exceed Thirty Thousand and No/100 Dollars ($30,000.00) if all tasks are completed. The total amount over the complete life of the Agreement shall not exceed Ninety Thousand and No/100 Dollars ($90,000.00) if the Agreement runs all three years. Any and all payments made to the Contractor 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. fr WONVP City of Tigard July 30, 2014 Tualatin Riverkeepers Attn: Mike Skuja 11675 SW Hazelbrook Rd Tualatin, OR 97062 REF.: Dirksen Park Education Program/Summer Creek Education Plan FY2012-2015 Period:July 1, 2014 through June 30, 2015 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Skuja The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its second (2nd) one-year extension to the Contract effective from July 1, 2014 through June 30, 2015. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Tualatin Riverkeepers. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 jamie @tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. 1 Coapany: G�IN 'I\�t(lie UJ Signed: / Date: 7/3 0/l( Printed: B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, 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, 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 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. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the City's 2011-2012 fiscal year. Funding in future fiscal years is subject to approval by Tigard's City Council. 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. Page 2 5. ASSIGNMENT/DELEGATION 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 other remuneration 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/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. 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 Page 3 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 sole 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 Contractor's activities or work hereunder, including the operations 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: 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 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 subject employers under the Oregon Workers' Page 4 Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. 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 workers' compensation coverage. All non-exempt employers shall provide 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. 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. F. 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. G. 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. H. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. 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. A copy of 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: City of Tigard Attn: Office of Risk Management 13125 SW Hall Blvd. Tigard, Oregon 97223 Page 5 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 & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by 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 TIGA. ' 1IVERKEEPERS Attn: Greg Stout,Environmental Program Coord. Attn: Monica Smiley Address: 13125 SW Hall Blvd. Address: 11675 SW Hazelbrook Road Tigard,Oregon 97223 Tualatin, Oregon 97062 Phone: (503) 718-2591 Phone: (503) 218-2580 Fax: (503) 684-7297 Fax: (503) 218-2583 Email Address: gregs @tigard-or.gov Email Address: monica@tualatinriverkeepers.org and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. 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 who 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 that 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 seven (7) 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) (3) of this agreement. Page 6 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 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: 1) 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 2) 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. 3) 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. 4) 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: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) 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. 3) 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 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. Page 7 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. 19. EXTRA (CHANGES) WORK Only the City's Project Manager for this Agreement, Brian Rager, Asst. Public Works Director, may authorize extra (and/or change) 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 Page 8 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 STATE AND FEDERAL LAWS/RULES Contractor 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 subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 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 contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Contractor shall maintain records to assure conformance with the terms and conditions of 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. 26. 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. 27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, seller must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Page 9 28. 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 279A.055, 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 279C.540. In cases of contracts for personal services as defined in ORS 279A.055, 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. 29. MEDICAL CARE AND WORKERS' COMPENSATION Contractor 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 Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor 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. 30. 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 for 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 TUALATIN RIVERKEEPERS , v11(fh By: Authorized Agent of City By:Authorized Agent of Contractor Date Date Page 10 EXHIBIT A SERVICES TO BE PROVIDED PROJECT INTRODUCTION Summer Creek Park was acquired by the City of Tigard in 2010. The site was purchased in part through grants administered by Oregon Watershed Enhancement Board and Metro Regional Government. Grant funding to purchase the property included requirements to administer a regional Environmental Education Program at the site. Summer Creek Natural Area provides all of the components for a superior field trip, day camp, and service learning site. The site, located off of Tigard Street, is 48 acres and includes Fanno and Summer Creeks, forested wetlands, deciduous and coniferous forests, emergent wetlands, and riparian corridors. An air photo showing the site boundaries is attached. This Agreement is for the provision of a nature educational program at Summer Creek Park. The program will have 2 components (1) a School Field Trip Program and (2) a Summer Day Camp program. The City will provide one portable building with 2 classrooms, 2 restrooms, a mud room, and a small kitchen. Six tables and 50 folding chairs will be provided. The portable building is located at 11130 SW Tigard Street. The building will be available to the Contractor for the length of the Agreement. SCOPE OF WORK A. School Field Trip Program The Field Trip Program has three components; classroom presentation, field trip, and service learning. The field trips at Summer Creek Park will take place in March June and October-November. The goal of the Field Trip Program is to establish the site as one of the regional networks of natural areas for recreation for school groups. The Field Trip Program at Summer Creek Park shall focus on a regional audience,with special emphasis on low income youth. The Contractor shall: 1. Provide field trip opportunities for all school districts in the Tualatin River watershed: Tigard/ Tualatin, Beaverton, Hillsboro, Portland, and Sherwood. Field trips should serve 325 to 400 students per year. This number will ensure that the impact to the site will not alter natural resources. 2. Provide Service Learning opportunities at Summer Creek. Youth will participate in activities such as invasive species removal and native plant installation. The Contractor will work closely with the City of Tigard Parks to identify priority sites restoration or non-native removal. 3. Develop curriculum specific to Summer Creek Natural Area's flora and fauna and ecological significance. The curriculum will incorporate civics, art,problem solving, scientific inquiry, and self- development. The Contractor shall build the capacity of volunteer naturalists within the community to lead the field trips for 325 to 400 youth. Contractor shall: 4. Develop a Volunteer Naturalist training program modeled after Metro's Nature University. 5. Train 12 new Volunteer Naturalists that can conduct Nature Awareness field trips at Summer Creek Park. Volunteers will be community members of all generations, ethnicities, and cultures. 6. Provide descriptions of non-volunteer field trip leaders. All leaders and volunteers should undergo police background checks. The City requires a minimum of three (3) volunteer leaders per field trip that are provided by Contractor. 7. The contractor will be responsible to recruit student participants for field trip programs. Page 11 B. Summer Day Camp Program The Summer Day Camp Program has three components; classroom presentation, hands-on outdoor learning, and service learning. The Summer Day Camp Program at Summer Creek will take place in June through mid-August and is designed to provide a regional opportunity for youth to experience nature over a longer period of time. The Summer Day Camp Program will be focused on all youth in the Tualatin River basin; however, there will be a separate emphasis to provide day trip opportunities to Tigard low income youth. The Contractor shall: 1. Provide five sessions, serving youth ages 7-13. Camp Sessions will be located at the Summer Creek property. Youth will participate in the day camp programs a minimum of 35 hours each on the site partaking in nature awareness activities. Youth to teacher ratios will not exceed 6 youth to 1 teacher. 2. Provide personnel familiarized with Summer Creek Natural Area flora and fauna and with experience or training with classroom management strategies. Recruitment of staff should begin no later than April 15th, training will occur in May and June. Time will be allowed to prepare staff for Summer Camp Sessions to begin in late June and end in mid- August. Programs will be available within one to two weeks after the end of the Tigard/Tualatin School District year. 3. Train ten (10) Fowler Middle School Students as Peer Mentors for summer day camps. Students will be recommended by Fowler Science Teachers and take part in after- school training. Training will occur January 2012-June 2012. 4. Develop Curriculum specific to Summer Creek Natural Area for the summer months. 5. Provide summer camp opportunities on the Summer Creek property to children from low-income housing developments by collaborating with Community Partners for Affordable Housing (CPAH) to enhance their existing Summer Youth programs. There are four (4) properties in Tigard: Oleson Woods, Village at Washington Square, Metzger Park, and Greenburg Oaks. Contractor will provided education materials and all-day nature field trips to Summer Creek property (Cook Park may also be included) for families living in the CPAH properties. All four (4) properties attend schools that feed into Fowler Middle School. Contractor shall enter into an agreement with CPAH summer programs by April 15th to ensure participation in the summer. 6. The contractor will be responsible to recruit students for the summer camp program. C. Curriculum For both Field Trip and Summer Day Camp, Contractor shall provide the City with examples of the activities to be implemented as part of the program prior to any release to the public. Examples of program curriculum may include,but are not necessarily limited to, the following: 1. Macro-Invertebrates Staff gather invertebrates from Summer Creek prior to the student's arrival. Students identify the species and life cycle stages. The species identified are correlated to water quality tolerance level. All macro-invertebrates are released back into the creek. 2. Native and Non-Native Plant Identification Students are given a card with a plant picture and information on each card. They have to identify the plant within a designated area and teach others in the group about their specific plant. Invasive species such as English Ivy, Himalayan blackberry, and Holly are identified and a discussion of their origin and adaptations is implemented. 3. Predator/Prey Students identify the role of predators and prey in the Summer Creek system. They discuss the adaptations of each and the likelihood of their habitat being at Summer Creek. Students then play a game that mimics the adaptations and characteristics of native predator and prey. Page 12 4. Un-Nature Trail (played with youngest students) Students identify things in the area that are "un-natural" and where they have come from. This is an activity to train the eye to identify things in the natural world and get the students on the basic level of what is natural. 5. Ivy pull Students locate a tree that is becoming overgrown by ivy and remove it from the base of the tree. 6. Food Web Students make a food web of animals and plants that live in the Summer Creek natural area. 7. Planting Native plants in the Riparian area Students identify and plant native plants in the riparian area of Summer or Fanno Creeks. 8. Bird ID Birds are identified by their habitat characteristics and sounds using field guides. 9. Water Quality Testing Turbidity, temperature, dissolved oxygen, and pH are all tested in Summer Creek and the results are discussed. Page 13 EXHIBIT B CONTRACTOR'S PROPOSAL Page 14 Environmental Education Program Proposal for Summer Creek Natural Area Submitted by: Tualatin Riverkeepers Contact: Monica Smiley 11675 SW Hazelbrook Road Tualatin, OR 97062 monica@tualatinriverkeepers.org 503 218 2580 503 218 2583 June 7, 2012 1 2. Table of Contents Company Overview & Qualifications Page 3 Background Page 3 Qualifications Page 4 Resume Page 5 Related Experience/Project Examples Page 1 Project Approach Page 8 Cost Proposal Page 10 2 3. Company Overview & Qualifications A. Background of firm: Tualatin Riverkeepers Mission: Tualatin Riverkeepers (TRK) protects and restores Oregon's Tualatin River system. TRK builds stewardship through recreation, education,community collaboration and advocacy. History: In 1990 a small group of area residents gathered around a kitchen table concerned about a major road project proposed for Washington County. Their response was to organize a paddle trip on the Tualatin River to raise awareness of the natural resources and rural farmlands that were threatened. From these humble beginnings an established organization has emerged and grown with an impressive record of community engagement, volunteerism, habitat restoration and a current membership of 650 families. Programs: Habitat Restoration —provides an array of voluntary stewardship activities. Semi-annual river clean up, planting, invasive plant removal and monitoring that successfully engage individuals,families, community groups and youth to take an active role in restoration. TRK has leveraged $1,000,000 for the restoration of public lands. Watershed Watch- provides a rapid pollution response HOTLINE, community forums, user- friendly guides to environmental regulatory protections and a deliberative framework that strengthens the community's involvement in policy decisions. Trips and Tours—a cornerstone of TRK community outreach and awareness. The program trains volunteers to lead guided canoe and kayak trips that provide opportunities for the public to experience the Tualatin River through recreation. 13,000 people have participated in paddle trip adventures since 1990. Nature Awareness and Service Education -volunteer naturalists lead 1,000 children on School Field Trips annually. Through hands-on experiences, children learn the habitat and clean water needs of wildlife and people and design a community service project to better meet those needs locally. 100 Nature Day Campers annually participate in week long in- depth nature exploration. 3 B. Qualifications/Related Experience TRK developed The Nature Awareness and Service Education program in partnership with Metro Regional Government in 2005. Since that time 6,000 children have been served through school field trips, service projects or summer camps. These programs are highly sought after, integrating classroom learning with hands-on field experiences and service learning. TRK established Environmental Education programs at Summer Creek Natural Area in 2011 and served 500 children through Nature Awareness School Field Trips and summer Nature Day Camps. Monica Smiley,Tualatin Riverkeepers' Executive Director, led the development of the Nature Awareness and Service Education Program. Monica is still closely involved with the program, directly managing its lead program staff, Education and Outreach Coordinator, Lori Kruse. Lori has served as lead program staff for the Nature Awareness and Service Education program since 2009 and has led the development of curriculum for Summer Creek Natural Area. Lori also designed and implemented TRK's Summer Day Camp programs and serves as Camp Director. Lori holds a B.S. in Environmental Studies from the University of Nebraska and has extensive experience working with children in an outdoor setting. 4 C. Resume Firm Staff: Monica Smiley, Executive Director Monica Smiley 7233 SW 31st Avenue Portland, Oregon + vspeedwell @gmail.com + 971 533 3187 experience/employment Executive Director, January 2007-current Tualatin Riverkeepers, $55,000/yr, 40 hrs/wk 11675 SW Hazelbrook Road,Tualatin, Oregon 97062 Current Supervisor: Lynn Carver, Board President,503 318 3389,contact ok Directly responsible to Tualatin Riverkeepers' board of directors for day to day operation of a 501 (c)(3) non-profit organization. Responsibilities include: • Manage restoration projects with budgets of$500,000 • Strategic planning and business development • Principal fundraiser responsible for a$350,000 annual budget • Grant writing generates over$150,000 annually • Donation solicitation which generates over$50,000 annually • Earned income and fundraising events generate$100,000 • Manage full time staff • Manage 500 volunteers involved in habitat restoration, k-8 youth education, citizen advocacy and recreation programs Stewardship Coordinator, March 2003- December 2006 Tualatin Riverkeepers, $35,000/yr, 40 hrs/wk Supervisor: Sue Marshall,Trillium Consulting, 971 506 4617 Developed and managed programs to promote nature awareness education including: • School field trips, 1,000 children served annually • Summer day camps • Habitat restoration • Stewardship volunteerism, 10,000 volunteer hours donated annually Portland Preserves Stewardship Team, February 2002- February 2003 The Nature Conservancy in Oregon, $22,000/yr, 40 hrs/wk 821 SE 14th Avenue, Portland, OR 97214 Supervisor:Jonathan Soil, Metro Regional Parks and Greenspaces, 503 797 1700 Coordinated community involvement in riparian forest and oak savannah restoration. Managed the work of a 15 member AmeriCorps Team. 5 Community Outreach Coordinator, February 2001- October 2002 AmeriCorps, National Peace Corps, $9,000/yr stipend, 40 hrs/wk 821 SE 14th Avenue, Portland, OR 97214 Supervisor: Molly Dougherty,The Nature Conservancy in Oregon, 503 802 8100 education/awards Bachelor of Arts, Environmental Policy, Multicultural Education The Evergreen State College, 2001 Olympia,Washington West Seattle High School Seattle,Washington Wetland Restoration Project of the Year,Tualatin Riverkeepers Oregon Division of State Lands, 2009 2042 Fellowship, Conservation Leadership The Center for Diversity and the Environment, 2010 references/ colleagues George Kral, Owner,Ash Creek Forest Management, 503 260 2238 Chuck Sams, Executive Director, Indian Country Conservancy, 503 545 7668 Ani Nelson, Producer,Weiden & Kennedy, 503 560 7959 Jill Leary, Lawyer, Bonneville Power Administration, 503 816 2702 6 4. Related Experience / Project Examples Nature Awareness and Service Education—Metro Parks and Greenspaces TRK held a Memorandum of Understanding with Metro Parks and Greenspaces (Metro)for collaboration and partnership to serve children through School Field Trip programs at Gotter Prairie, a natural area held by Metro. Metro provided TRK with program support,training and materials January 2005—December 2011. Gotter Prairie, a former farm, underwent dramatic transformation through habitat restoration to become a functional wet prairie. It now holds water through March, limiting access for School Field Trips and limiting TRK's ability to deliver programming on the site. Nature Awareness and Service Education—City of Tigard TRK was awarded a grant of$30,000 in 2011 to develop Nature Awareness programs for Summer Creek Natural Area. TRK has developed both School Field Trips and Summer Day Camp programs specific to the site, its habitat types and features. TRK has also established a Naturalist training curriculum and trained community volunteers to assist in delivering education curriculum. TRK successfully delivered Nature Awareness programming to 500 children at Summer Creek Natural Area in 2011. Fourteen volunteer Naturalists were trained to deliver curriculum. 7 5. Project Approach School Field Trip Program School Field Trips will be completed by TRK's Education and Outreach Coordinator Lori Kruse and trained volunteer naturalists. Each field trip will vary in length from 3 to 5 hours. A minimum of 17 classes, 500 students will be served annually. The Nature Awareness and Service Learning(NASE) program has three components; classroom presentation, field trip, and service learning. The program takes place in March-June and October-November. Goal Establish the site as one of the regional networks of natural areas for recreation for school groups by developing regional curriculum for the site. Objective 1: Provide programs on Summer Creek site to a regional audience, while protecting the sites sensitive habitats. Activities: 1. Provide field trip opportunities for all School Districts in the Tualatin River watershed: Tigard/Tualatin, Beaverton, Hillsboro, Portland, and Sherwood, serving 500 children annually. The protection of sensitive habitats on Summer Creek Natural Area will be of the highest priority during the field trips. 2. Link State of Oregon Science Standards to hands on activities on the site, highlighting the unique ecosystems on Summer Creek Natural Area. 3. Coordinate student based restoration projects such as invasive removal and native plantings. 4. Coordinate field trips and service projects with the master planning process and restoration of the site with the City of Tigard. Objective 2: Build the capacity of volunteer naturalists within the community to lead the field trips for 500 youth every fall and spring school calendar year. Each Naturalist will complete a 3- day, 18 hour training and shadow at least one field trip before becoming a leader. 8 Activities: 1. Develop a Volunteer Naturalist training program modeled after Metro's Nature University. Training sessions took place in March 2012-there were 14 participants who are actively leading school field trips,training will continue each year in the spring. 2. Train 12 new Volunteer Naturalists annually that can conduct Nature Awareness field trips at the Summer Creek Site. Volunteers will be community members of all generations, races, and cultures. Summer Day Camp Goal TRK will expand Summer Day Camp to five sessions, serving 100 youth. TRK has been hosting summer day camp sessions since the summer of 2009. In 2011 TRK hosted 4 successful summer camp sessions on the site. Day camp sessions are each five days,for 7 hours. Objective 1: TRK will develop capacity to deliver to 5 sessions of nature day camp in 2012 Activities: Develop summer camp curriculum to include stewardship activities and curriculum involving civic responsibility towards natural spaces. Objective 2: Provide summer camp opportunities on summer creek property to children from low-income housing developments Activities: Expand Collaboration with Community Partners for Affordable Housing (CPAH)to enhance their existing Summer Youth programs.Working with the Tigard property- Greenburg Oaks,the youth living in this complex attend and will attend Fowler Middle School. July 2012 dates have been set to begin with CPAH's existing summer programs. During the 2012-2013 school year the site will be used for afterschool programs within CPAH's 4 Tigard properties. 9 6. Cost Proposal FY 2012/2013 — FY 2014/2015 Expenses Youth Education City of Tigard Personnel Salaries and Fringe Benefits 114,768 63,000 Operating Contract Services 14,400 9,000 Occupancy 2,520 1,800 Postage/Printing 6,300 3,150 Audit/Review 2,499 1,200 Office Costs 4,650 2,325 Insurance 2,883 1,440 Staff/Board Development 3,510 1,500 Travel 1,500 750 Equipment Expenses 4,026 2,100 Advertising 4,800 2,400 Bank/Business Fees 1,005 Meetings/Food & Beverages 1,950 975 Membership/Volunteer 720 360 Professional Dues/Membership 225 Total Expenses 165,756 90,000 30;000 per 'lecar" 10