University of Oregon - Funding Analysis ~ CITY OF TIGARD, OREGON
INTERGOVERNMENTAL AGREEMENT
University of Oregon— Sustainable Cities Initiative
This Agreement is entered into pursuant to ORS 190.003 to ORS 190.1100,by and between the City of
Tigard ("City"), a political subdivision of the State of Oregon,and University of Oregon ("Agency"), a
public university with a governing board.
WHEREAS, ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform,
THEREFORE, the parties agree as follows:
1. This Agreement shall be in effect upon the signature of both parties and shallremain in effect until
December 31,2015,unless otherwise terminated or extended. This Agreement may be terminated with
or without cause and at any time by a party by providing thirty (30) days written notice of intent to the
other party(s).
2. The parties agree to the scope of services set forth in Exhibit A,which is incorporated herein,and
describes the responsibilities of the parties,including any compensation.
3. The parties agree that both shall comply with all federal, state, and local laws and ordinances applicable
to the work to be done under this agreement. The parties agree that this agreement shall be administered
and construed under the laws of the state of Oregon.
4. The parties agree to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes,rules and regulations in the performance of this agreement.
5. Each party is an independent contractor with regard to each other party(s) and agrees that the
performing party has not control over the work and the manner in which it is performed. No party is
an agent ov,empleyee.of any other.
6. No party or its employees is entitled to participate in a pension plan,insurance,bonus, or similar
benefits provided by any other party.
7. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS
.30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend,and
indemnify each other,including its officers, employees, agents and representatives, against all claims,
demands, actions, and suits (including all attorney fees and costs) arising from the indemnitor's
performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions
of that party.
8. Each party shall give the•other immediate written notice of any action or suit filed or any claim made
against that party that may result in litigation in any way related to this Agreement.
9. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for
claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300).
10. Each party shall be solely liable for third party claims arising from the actions for that party's officers,
employees, agents and representatives.
U. Each Party shall be solely liable for its employees'workers' compensation claims,regardless of which
party is exercising supervision and control over the project when the claim arises.
12. This Agreement is expressly subject to the debt limitations set forth in Article XI, Section 10 of the
Oregon Constitution, and is contingent upon funds being appropriated therefore.
13. Any notice required to be give to the City or the Agency shall be sufficient if given in writing and
delivered to:
CITY OF TIGARD _.,. - ITNIti EItSITYF OREGQN.-
Attn:Dent Wyatt Attn:Post Award, Sponsored Projects Services
Address: 13125 SW Hall Blvd. Address: 5219 University of Oregon
Tigard,Oregon 97223 Eugene,Oregon 97403-5219
Phone: (503) 718-2809 Phone: (541) 346-5131
Fax: (503) 639-6795 Fax: (541) 346-5138
Email: kentw@tigard-or.gov Email Address: sponsoredprojects@uoregon.edu
14. Both parties concur and agree that this agreement constitutes the entire agreement between the parties.
No waiver, consent,modification or change to the terms of this agreement shall bind either party unless
in writing and signed by both parties. There are no understandings, agreements, or representations, oral
or written,not specified herein regarding this agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
City of Tigard University of Oregon
Signature Signature Analinda Camacho,
I A WI ` p Director Sponsored
Ma �,f6L U 'Y, 0 five M a g a/^er Projects Services
Printed Name&Title Printed Name&Title
�5 tz -, s
Date
Exhibit A: Scope of Services
Tigard Parks Maintenance Funding Analysis
SCOPE OF WORK for LAW 668—Spring 2015
Purpose of Project: Voters in Tigard recently passed a$17 million bond for parks acquisition and
development. The City now needs to identify funding mechanisms to support ongoing parks maintenance.
Desired Outcomes/Project Objectives
• Identification of a range of parks funding options.
• Analysis of the pros and cons of each option identified.
• Recommendations on the funding option(s) most suitable for the city of Tigard.
Final Deliverables/Work Products
• List of cities contacted and the park revenue by type each received in the 2013-14 fiscal year
• Analysis and recommendations of parks maintenance funding options
Client Responsibilities
• Provide data and documentation of previous work products (e.g.,program documents,reports,
market studies,plans and maps) that may be related to the scope of work.
• Convene team of clients' staff to facilitate project development and provision of technical assistance
to SCI.
• Make contact with external stakeholders or organize those stakeholders, as needed, to provide timely
information to support project development.
• Offer technical assistance,as requested.
• Have at least one client staff member present at final presentation (TBA) to provide comment on
student/course progress.
• Communicate any issues or concerns regarding project to Client Lead, Kent Wyatt
Sustainable Cities Initiative Responsibilities
• Develop coursework to support project deliverables and desired outcomes.
• Communicate with client staff throughout the project to maintain collaborative element and provide
technical assistance.
• Work with students to prepare coursework reports &presentation materials at culmination of term.
• Facilitate field trips for the course as needed.
• Present project findings to clients and others,as deemed necessary.
• Develop a draft for review at least two weeks prior to the final report, and a final report to clients in
electronic and paper format, no more than four months after the end of the term.
• Communicate any issues or concerns regarding project to SCI staff.
Courses Represented
• Land Use Law,LAW 668,Michael Reeder, 541.484.0188,tnreeder@arnoldgallagher.com
Timeline,Major Milestones or Tasks
• December 2014: Clients provides SCI with project support documentation
• January 5, 2015: spring semester begins
• January-May: student team perforins research and consults with client's staff
• Spring semester (date and time TBA): Final presentation of research results
Budget: $ 5,000 .
Intergovernmental Agreement Page 3