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Agenda Packet - 2026-06-02
UPDATED AGENDA CITY COUNCIL MEETING re, Tuesday, June 2, 2026 —_ p 5:30 p.m. City Hall Council Chamber-3rd Floor �REGO/ 380 A Avenue, Lake Oswego, OR 97034 Staff Contact: Laural Hawkins, CityRecorder@LakeOswego.City Virtual Access ADA Accommodation Requests Translation Services This meeting will be held in lakeoswego.city/accommodation Traduccion o interpretacion person.To participate remotely, 503-635-0282; Relay 711 111-49;� please email the City Recorder by Please allow four business days to € s noon the day of the meeting. process your request. 5 503-534-5738 This meeting will be livestreamed on the City's YouTube Channel and at lakeoswego.city. The meeting will also be broadcasted live on Tualatin Valley Community TV;check tvctv.org for details. 1. CALL TO ORDER 2. OATH OF OFFICE 3. ROLL CALL 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1 Proclamation— Pride Month 5.2 Proclamation—Gun Violence Awareness Month 6. PUBLIC COMMENT The purpose of Public Comment is to allow community members to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing.A time limit of three minutes per individual shall apply. Public Comment will not exceed thirty minutes in total, unless changed by the Mayor. If you are unable to attend the meeting and prefer to provide public comment in writing, by phone or electronically, please email the City Recorder by noon the day of the meeting. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 7. CONSENT AGENDA The Consent Agenda allows the City Council to consider items that require no discussion. An item may only be discussed if it is pulled from the Consent Agenda.The City Council makes one motion covering all items included on the Consent Agenda. Motion: Move to adopt the Consent Agenda. 7.1 Resolution 26-26, Approving the Appointment of Kyndre Lundquist as Municipal Judge Pro Tem Motion: Move to adopt Resolution 26-26. 7.2 Approval of IGA with City of Milwaukie for Public Safety Communication Services provided by Lake Oswego Communications Center(LOCOM) Motion: Move to authorize the City Manager to sign the 2026-2030 Intergovernmental Agreement with the City of Milwaukie for public safety communication services by the Lake Oswego Communications Center. 7.3 Award a Public Services Contract for Multiple Site Landscape Maintenance Services Motion: Move to authorize the City Manager to sign a professional services Contract with Storm Landscape Services, LLC for the annual and renewable maintenance of multiple sites throughout the City in the amount of$516,000 annually. 7.4 Approval of Meeting Minutes Motion: Move to approve minutes as written. 8. ITEMS REMOVED FROM CONSENT AGENDA 9. PUBLIC HEARING 9.1 Resolution 26-21, Approving a Special Procurement for Administration of City Public Arts Programs; Approving an Agreement with the Arts Council of Lake Oswego Public Hearing Process: 1. Review of hearing procedure by Erica Tatoian, City Attorney 2. Staff Report by Megan Phelan, Assistant City Manager/HR Director 3. Testimony—the following time limits shall be observed, but may be changed by the Council: 10 minutes for representatives of recognized neighborhood associations, homeowner associations, government agencies, or other Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 3 incorporated public interest organizations; 5 minutes per individual 4. Questions of Staff 10. RECESS, CITY COUNCIL 11. CALL TO ORDER, REDEVELOPMENT AGENCY (LORA) 12. BOARD BUSINESS 12.1 North Anchor Project—Sixth Amendment to the Disposition and Development Agreement Motion: Move to authorize the LORA Executive Director to sign the Sixth Amendment to the DDA. 13. ADJOURNMENT, REDEVELOPMENT AGENCY (LORA) 14. RECONVENE, CITY COUNCIL 15. STUDY SESSION 15.1 Criteria for New Library Site Selection and Reuse of Existing Library Site 16. COUNCIL BUSINESS 16.1 Resolution 26-30, Creating an Ad Hoc Library Site Reuse Task Force Motion: Move to adopt Resolution 26-30. 17. INFORMATION FROM COUNCIL 18. REPORTS OF OFFICERS 19. ADJOURNMENT Respect. Excellence. Trust. Service. mw 503-635-0215 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 5.1 s� k� Proclamation O • GEGG\ Pride Month WHEREAS, the City of Lake Oswego is strengthened by the diversity of the people who live, work, learn and gather in our community, and believe that every person deserves to feel safe, valued and included; and WHEREAS, June is recognized nationally as Pride Month, a time to acknowledge and celebrate the history, culture, achievements, and lived experiences of LGBTQIA+ individuals and communities; and WHEREAS, generations of LGBTQIA+ advocates and allies have worked to challenge discrimination, expand civil rights protections and create visibility, acceptance, and opportunity for future generations; and WHEREAS, the City of Lake Oswego is committed to cultivating a community where all people are welcomed with dignity and respect, and where diversity is embraced as an essential part of a vibrant and healthy civic life; and WHEREAS, creating an inclusive community requires ongoing effort through education, dialogue, partnership, and policies that promote equity, belonging, and opportunity for all residents; and WHEREAS, Pride Month is both a celebration of authenticity and self-expression and a reminder of our shared responsibility to continue building a more compassionate, equitable and inclusive future; NOW, THEREFORE, BE IT RESOLVED, that we, the Lake Oswego City Council, do hereby proclaim June 2026 as Pride Month in the City of Lake Oswego and encourage all community members to celebrate the contributions of LGBTQIA+ individuals, support inclusion and belonging, and reaffirm our collective commitment to equity, respect, and human dignity for all. Joseph M. Buck June 2, 2026 5.2 s� k Proclamation GREGG� Gun Violence Awareness Month WHEREAS, every person deserves to live in a safe and peaceful community free from the threat of gun violence; and WHEREAS, gun violence continues to impact communities across the nation, causing devastating loss of life, lasting trauma for survivors, families, first responders, healthcare professionals, and entire neighborhoods; and WHEREAS, preventing gun violence requires collaboration among residents, educators, healthcare providers, law enforcement, community organizations, elected officials, and advocates committed to promoting safety, responsible firearm practices, conflict resolution, and mental health awareness; and WHEREAS, Gun Violence Awareness Month honors the lives of those lost to gun violence, supports survivors and affected families, and raises awareness of the importance of community-based solutions and violence prevention efforts; and WHEREAS, communities throughout the United States recognize the importance of education, outreach, and meaningful action to reduce gun violence and create safer futures for all residents; and WHEREAS, the City of Lake Oswego is committed to fostering a safe, welcoming, and inclusive community where all people can live, work, learn, and gather without fear of violence; NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Oswego hereby proclaims June 2026 as Gun Violence Awareness Month in the City of Lake Oswego and encourages all residents to honor victims and survivors of gun violence, support prevention efforts, and work together to build safer communities for everyone. Joseph M. Buck, Mayor June 2, 2026 J 7.1 o�� E 0 COUNCIL REPORT V � 0 — GREGO\-' Subject: Resolution 26-26, Appointment of Municipal Pro Tern Judges Meeting Date: June 2, 2026 Staff Member: Amy Lindgren, Municipal Judge Jillian Tucker, Court Manager Report Date: May 21, 2026 Department: Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Adopt Resolution 26-26, Appointment of Pro Tem Judge Kyndre Lundquist. Recommended Language for Motion: Move to Adopt Resolution 26-26 Project/ Issue Relates To: Issue before Council (Highlight Policy Question): Motion to Adopt Resolution ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE COUNCIL Shall the Council appoint one additional pro tern judge? BACKGROUND "Pro Tem" refers to someone serving temporarily. The Municipal Judge, appointed by the City Council, leads the municipal court. To keep Court business running smoothly when the Judge is unavailable, the Council has traditionally appointed a pool of pro tem judges, as allowed by the City's Charter. Respect Trust. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 DISCUSSION There is currently only one pro tern judge to fill in for the Municipal Judge. Staff recommends appointing one more, Kyndre Lundquist, who is qualified and willing to serve. FISCAL IMPACT This appointment will have no fiscal impact beyond what is already budgeted for pro tern judges. RECOMMENDATION Adopt Resolution 26-26, appointing Kyndre Lundquist as a Municipal Pro Tern Judge. ATTACHMENTS 1. Resolution 26-26 2. Resume of Kyndre Lindquist Respect. .. .> ';,, Trust. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY RESOLUTION 26-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO APPOINTING PRO TEM MUNICIPAL JUDGES WHEREAS, Section 22A of the Lake Oswego Charter authorizes the City Council to appoint one or more Pro Tem Municipal Judges, to serve when the Municipal Judge is unavailable; and WHEREAS, Section 22B of the Lake Oswego Charter provides that a Pro Tem Municipal Judge shall be a member of the Oregon State Bar and chosen without regard to political considerations and solely with reference to legal and administrative qualifications; and WHEREAS, there is currently a need to add qualified individuals as Municipal Judges Pro Tem to increase the pool of available pro tem judges; and WHEREAS, Municipal Judge Amy Lindgren has reviewed the legal and administrative qualifications of Kyndre Lundquist and has found them to be well-qualified, and recommends that they be appointed as Municipal Judge Pro Tern for the Lake Oswego Municipal Court; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Kyndre Lundquist be appointed to the position of Municipal Judge Pro Tem. Section 2. Effective Date.This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 2nd day of June, 2026. AYES: NOES: EXCUSED: ABSTAIN: Joseph M. Buck, Mayor ATTEST: Laural Hawkins, City Recorder APPROVED AS TO FORM: Erica Tatoian, City Attorney Resolution 26-26 Page 1 of 1 Kyndre A. Lundquist Damascus, Oregon 97089 1503-318-9948 I kyndre@gmail.com BAR ADMISSION Admitted to Oregon State Bar, October 2012 WORK EXPERIENCE City of Sandy Sandy,OR Municipal Judge Jan 2026-present • Preside over municipal court proceedings involving traffic and municipal code violations • Sign and issue legal documents such as default judgments • Uphold fairness and due process by evaluating evidence and maintaining court decorum City of West Linn West Linn,OR City Prosecutor May 2023-present • Represent the city in municipal court cases, including prosecution of city ordinance violations • Negotiate case resolutions with defense attorneys, draft plea agreements, and prepare cases for trial • Conduct bench trials,jury trials, and probation violation or motion hearings City of Molalla Molalla,OR City Prosecutor Nov 2021-present • Represent the city in municipal court cases, including prosecution of city ordinance violations • Negotiate case resolutions with defense attorneys, draft plea agreements, and prepare cases for trial • Conduct bench trials,jury trials, and probation violation or motion hearings City of Gladstone Gladstone,OR City Prosecutor Dec 2017-present • Represent the city in municipal court cases, including prosecution of city ordinance violations • Negotiate case resolutions with defense attorneys,draft plea agreements, and prepare cases for trial • Conduct bench trials,jury trials, and probation violation or motion hearings EDUCATION Willamette University College of Law Salem,OR Juris Doctor, Certificate in Dispute Resolution,May 2012 Merit-Based Scholarship Recipient, Student Mentor,Running Club Officer First Place Trial Practice Final Trial Andrews University Berrien Springs,MI Master of Arts in Community Counseling, May 2008 Merit-Based Scholarship Recipient,Honors Student Southern Adventist University Collegedale,TN Bachelor of Arts in Spanish, Minor in French, May 2004 Merit-Based Scholarship Recipient,Honors Student COMMUNITY INVOLVEMENT AND VOLUNTEER SERVICE Attorney mentor through Oregon State Bar Attorney Mentor Program(2020-2021) Judge high school mock criminal trials (2015-2017) Participate as mentor for high school career shadow program(2012-2014) Provide pro bono mediation services for Marion County Small Claims cases(2011-2012) LANGUAGE SKILLS Proficient in basic Spanish;working knowledge of French 7.2 o,� E 0 COUNCIL REPORT N 0 V —� 0 O',EGO� Subject: Intergovernmental Agreement (IGA) with City of Milwaukie for Public Safety Communication Services provided by Lake Oswego Communications Center (LOCOM) for another four years. Meeting Date: June 2, 2026 Staff Member: Tina Burgess Department: Police Department Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Recommended Language for Motion: Move to authorize the City Manager to sign the 2026- 2030 Intergovernmental Agreement with the City of Milwaukie for public safety communication services by the Lake Oswego Communications Center. Project/ Issue Relates To: Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable BACKGROUND Lake Oswego Communications Center (LOCOM) has provided 911 call answering and dispatching for the City of Milwaukie since 2003. This relationship has been mutually beneficial to both communities by providing the City of Milwaukie with the service they desire and allowing the City of Lake Oswego to benefit from a larger, more efficiently utilized staff and seamless interoperability. In addition, it solidifies Lake Oswego's position as one of two Public Safety Answering Points in Clackamas County by providing service to three of the largest 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 municipalities in Clackamas County. This agreement fits with LOCOM's mission to provide the highest level of customer service, provide mission critical public safety information to first responders, and to be fiscally responsible for the City of Lake Oswego. DISCUSSION The current intergovernmental agreement (IGA) covered the contract period from 2022-2026. The new agreement continues the existing relationship and updates some minor contract language and changes the cost formula in year one and two of the contract to assist with improvements in technology and replacement of dispatch equipment. This IGA spans four years from 2026 to 2030. FISCAL IMPACT The agreement represents revenue of$820,000.00 in year one graduating to $940,000.00 in year four. This represents an increase of six (6) percent in year one and two for personnel and dispatch equipment. In years three and four the increase is four percent for a total of twenty (20) percent spread across the length of the contract. This covers approximately twenty-four (24) percent of LOCOM's anticipated personnel, material and services costs. ATTACHMENTS 1. IGA-Milwaukie 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 INTERGOVERNMENTAL COOPERATIVE AGREEMENT PUBLIC SAFETY COMMUNICATIONS SERVICES THIS AGREEMENT is made and entered into by the CITY OF LAKE OSWEGO, an Oregon municipal corporation(hereinafter"Lake Oswego");and the CITY OF MILWAUKIE, an Oregon municipal corporation(hereinafter"Milwaukie") RECITALS A. Lake Oswego operates through its Police Department, Communications Division,a public safety dispatching facility(hereinafter"LOCOM")to provide public safety dispatching services to fire and police departments of Lake Oswego and,by this agreement,Milwaukie. B. The parties acknowledge that they have authority to execute this Cooperative Intergovernmental Agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010. NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. Description of Services to be Provided. Lake Oswego, through LOCOM, shall provide public safety dispatching services for Milwaukie's Police Department for the period of July 1, 2026,through June 30.2030.The dispatching services include,but are not limited to: • 24-hour-per-day answering of emergency telephone lines(including 9-1-1 calls)for fire,police,and emergency medical service requests; • radio communications with police personnel regarding emergency and routine police matters; • Dispatching and other services for law enforcement purposes as set forth in Exhibit "A";and • Coordination of Clackamas County Emergency Notification System,administration of users,activation for life-safety situations. 2. Control. The manner of LOCOM's performance of dispatch services,including but not limited to the establishment of standards of personnel performance,the hiring,supervision and discipline of LOCOM employees,and all other matters incident to LOCOM's performance of such services shall be under the exclusive authority of Lake Oswego. 3. Obligation of Lake Oswego to Provide Labor and Equipment. Lake Oswego shall supply all necessary labor,supervision,equipment and supplies necessary to maintain the services to be rendered hereunder as long as Milwaukie's obligations under Section 7,and elsewhere under this Agreement, are met. 4. Obligation of Milwaukie for MSAG and GIS. Milwaukie shall continue to provide MSAG(Master Street Address Guide)and GIS information for Milwaukie's street system to Clackamas County. 5. Consideration. A. annual Contract Amount, On or before January I of each fiscal year, Milwaukie shall pay to Lake Oswego the Base Annual Contract Amount set forth below for that fiscal year,less a sum equal to Milwaukie's total 9-1-1 tax distribution from the State for the previous fiscal year("Previous Year Tax Receipts"). Fiscal Year Base Annual Contract Amount'for Fiscal Year New Year 1 2026-2027 $820,000.00 Year 2 2027-2028 $869,000.00 Year 3 2028-2029 $904,000.00 Year4 2029-2030 $940,000.00 The amount paid to Lake Oswego directly by Milwaukie each fiscal year pursuant to this Section 5A shall be further adjusted as described in Section SC below to ensure that it is ultimately reduced by a sum equaling Milwaukie's actual 9-1-1 tax distribution from the State for that fiscal year("Actual Current Year Tax Receipts"),which have been assigned to Lake Oswego pursuant to Section 5B below. B. Assignment of 9-1-1 Tax Receipts. Milwaukie hereby assigns its 9-1-1 tax disbursements directly to Lake Oswego for the duration of this Agreement,and shall direct the State 9-1-1 Office to pay all of Milwaukie's 9-1-1 tax disbursements directly to Lake Oswego for the duration of this agreement. C. Payment of Difference of Previous v.Current 9-1-1 Tax Receipts. Not later than 30 days following payment by the State to Lake Oswego of the final installment of Milwaukie's 9-1-1 Tax receipts for each fiscal year: i. Milwaukie shall pay Lake Oswego a sum equaling the amount,if any, by which the Previous Year Tax Receipts exceed the Actual Current Year Tax Receipts for that fiscal year: ii. Lake Oswego shall pay Milwaukie a sum equaling the amount,if any,by which the Actual Current Year Tax Receipts for that fiscal year exceed the Previous Year Tax Receipts. 6. Adjustment of Base Annual Contract Amount. In the event Milwaukie's calls for service in any fiscal year exceed 15% over the previous fiscal year,Lake Oswego shall notify Milwaukie in writing within 30 days following the expiration of that fiscal year,or,at Lake Oswego's option,such earlier time as it appears to Lake Oswego likely that the calls for service for that fiscal year will exceed 15%from the prior fiscal year. 1 The Base Annual Contract Amount includes funding to assist with improvements in technology and replacement of dispatch equipment. Within 15 days following notification under this section,the parties shall meet in good faith to discuss the financial impact to Lake Oswego to respond to the anticipated additional calls for service for the next fiscal year(the fiscal year after the fiscal year in which the calls for service exceeded 15%). The parties shall endeavor to reach agreement upon an adjustment amount to the Base Annual Contract Amount in Section 5(A)above for that next fiscal year(the fiscal year after the fiscal year in which the calls for service exceeded 15%),and the listed subsequent fiscal years,to provide fair compensation to Lake Oswego for the additional costs incurred in responding to the calls for service and dispatch. If the parties are unable to agree upon an adjustment to the Base Annual Contract Amount within 30 days following the notification described above,either: a. The parties may mutually agree to arbitration,in such manner as they agree.to establish the amounts of adjustment: or b. Either party may unilaterally terminate this Agreement effective 180 days following written notice of the decision to terminate. If either party elects this option,the amounts due for the applicable year pursuant to Sections 5 above shall be paid,pro rate,to the termination date. 7. Use of Compatible Equipment. For the duration of this Agreement: Milwaukie shall operate on the 800 MHz digital radio system and remain a partner with the C800 radio group.Lake Oswego will accept responsibility for connectivity to C800 and general repair issues. In the event Milwaukie chooses to utilize a disparate system,Milwaukie will be responsible for all costs associated with procuring a dispatch console,connectivity,warranty, and software licensing and support. Lake Oswego shall provide the information technology support services identified in Exhibit B. Milwaukie shall be responsible for its own purchases of mobile data computer (MDC) approved hardware. installation,and ongoing data connection costs. Milwaukie shall work with Lake Oswego 1T prior to adding any additional software to their MDC to ensure compatibility with the MDC interface and software. 8. LOCOM User Board. For the duration of this Agreement,Milwaukie shall participate as a member of the LOCOM User Board. 9. Limitation of Liability. Subject to the limitations of the Oregon Tort Claims Act ORS 30.260 et. seq., and the Oregon Constitution, Lake Oswego hereby covenants and agrees to hold and save Milwaukie and all of its officers,agents,and employees harmless from all claims whatsoever that might arise against Milwaukie,its officers,agents,or employees as a result of the performance of the duties to be performed by Lake Oswego by the terms of this agreement.By so doing, Lake Oswego, its officers and employees, shall not be deemed to have assumed any liability for acts of Milwaukie or of any officer, agent,or employee thereof,and Milwaukie hereby covenants and agrees to hold and save Lakc Oswego and all of its officers and employees hall 111ess from all claims whatsoever that might arise against Lake Oswego,its officers or employees. by reason of any act of Milwaukie,its agents,officers,and employees. For this purpose,employees of LOCOM shall be deemed to be employees of Lake Oswego not as agents or employees of Milwaukie. IO. Provision of Information, Milwaukie shall provide LOCOM with,and will update as necessary,maps of Milwaukie with addresses,a 24-hour emergency telephone number list for on-call city personnel,known residential and business emergency contact numbers. current building and development site information,a copy of the City of Milwaukie's City ordinances,emergency infoml ation for emergency operations(EOC)personnel,bi-annual radio assignments including radio identification number for mobile and portable radios,bi- annual cell phone assignment with current carrier and any other pertinent information deemed necessary by Lake Oswego to effectively perform dispatching duties. 11. Termination of Agreement, Lake Oswego may terminate this Agreement at any time for non-payment of any sum when due as required by Section 5 of this Agreement. Otherwise,either party may terminate this agreement effective July 1 of any fiscal year,provided written notice is given to the other party by January I of the preceding fiscal year. 12. Non-appropriation. Lake Oswego may terminate this Agreement,in whole or in part,upon thirty(30)days written notice to Milwaukie,in the event that Lake Oswego fails to receive funding, appropriations or other expenditure authority at levels sufficient to perform the services set forth in this Agreement. 13. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the parties.Any amendment shall be in writing. shall refer specifically to this agreement,and shall be executed by the parties. 14. Notice. Any notice under this agreement shall be in writing and shall be effective when actually delivered or when deposited in the mail,registered or certified,addressed to the parties as follows: Lake Oswego: City Manager City of Lake Oswego P.0.Box 369 Lake Oswego, OR 97034 Milwaukie City Manager City of Milwaukie 10722 SE Main Street Milwaukie, OR 97222 [Signatures on Next Page] IN WITNESS WHEREOF,the parties by execution of this Agreement hereby acknowledge that their signing representatives have read this Agreement,understand it,and agree to be bound by its terms and conditions. CITY OF MILWAUKIE CITY OF LAKE OSWEGO Name Title Name Title Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Milwaukie City Attorney Lake Oswego City Attorney EXHIBIT A LAW ENFORCMENT DISPATCH ACTIVITIES LOC'OM provides for each member department a full public safety call answering and dispatching service by dual certified dispatchers who: I. Answer, screen,transfer,and call take 9-1-1 calls. 2. Answer police department non-emergency telephone calls 24 hours a day. 3. Screen telephone calls to determine:the nature of the call,location of the incident, pertinent information. 4. Provide dispatching of appropriate resources. 5. Provide dispatching of additional cover units and other needed resources for field units. 6. Keep the officers'status and document all officers'activities. Monitor officers'safety by checking their status.using department directed pre-set time guidelines. 7. Provide on-site department access to all activities and documentation maintained on the computer aided dispatch system. 8. Work with Milwaukie PD to provide an activity bulletin within the confines of the MAJCS CAD system. 9. Provide all authorized field unit's direct availability into Milwaukie,Clackamas County. state,and national computer systems(Mark 43,CLASS-Clackamas Law Enforcement Support System,LEDS-Oregon Law Enforcement Data System.DMV- Department of Motor Vehicles,NCIC-National Crime Information Center,AND CCH- Computerized Criminal History.)Milwaukie PD agrees to provide adequate licensing to LOCOM for any additional records management systems the department is utilizing and requesting database searches by LOCOM staff. I 0. Verify and confirm all warrants.stolen and other"hits"by telephone and teletype. I 1. Compose and send all time critical teletype messages using the state and national computerized files. 12. Make telephone calls for field units as required. 13. Act as an interface between field units and other public safety agencies. 14. Maintain after-hours numbers for emergencies and other call outs for agency employees. 15. Provide dispatching for community service officers and other support functions. 16. Maintain the warrant file for municipal court service. 17. Provide dispatching for animal control officers or as requested by a member of the department. 18. Provide dispatching for Public Works employees after hours, as needed. EXHIBIT B INFORMATION TECHNOLOGY SUPPORT SERVICES Lake Oswego shall provide the following services in support of Milwaukie's MDC program: 1. Provide MDC computer specifications and vendor ordering information on request. 2. Provide updated listing of MDC placement by vehicle to Milwaukie IT staff to include software license assignment for Milwaukie specific applications. 3. Provide MDC configuration and support in compliance with Criminal Justice Information Services and LEDS standards. Milwaukie shall provide the following services in support of the MDC program: 1. Order,purchase and track all MDC hardware,record serial numbers and affix City of Milwaukie asset tag. 2. Order,purchase and provide software licenses and volume license keys not provided by Lake Oswego. 3. Properly dispose of decommissioned MDC hardware. 7.3 o�� E 0 COUNCIL REPORT li4 pi4.. V —� 0 OREGO� Subject: Award a Public Services Contract for Multiple Site Landscape Maintenance Services Meeting Date: Staff Member: June 2, 2026 Joel Kuhnke, Deputy Public Works Director Report Date: Department: May 20, 2026 Public Works Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Award a Professional Services Contract. Recommended Language for Motion: Move to authorize the City Manager to Sign a Professional Services Contract with Storm Landscape Services, LLC for the Annual and Renewable Maintenance of Multiple Sites Throughout the City in the Amount of$516,000 Annually. Project/ Issue Relates To: Annual landscape maintenance services for approximately 200 City sites. Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL City staff are presenting a contract renewal for multiple-site landscape maintenance services. Respect. Fv PI'en e Trust. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND Contract Overview The contract with Storm Landscape Services, LLC, provides annual landscape maintenance services for approximately 200 City sites. These sites totaling nearly 55 acres, include right-of-way areas, medians, City facilities, water reservoirs, pump stations, sewer pump stations, and stormwater facilities. The scope includes turf mowing and edging, weed control, pruning, ground cover maintenance, bulb and perennial care, mulch preparation and maintenance, litter and debris removal, leaf removal, paved and gravel surface cleaning, and special maintenance requirements at designated City facilities and corridors. The contractor is required to maintain sites in a weed-free and aesthetically pleasing condition, respond to identified deficiencies within 48 business hours, provide on-site management, use electric-powered equipment when available, and comply with the City's pesticide and sustainable landscape practices requirements. A request for proposals was advertised on April 17, 2026. The deadline for proposal submissions was May 1, 2026, at 10:00AM. Two proposals were received. The lowest qualifying bid received was from Storm Landscape Services, LLC. Scope of Work The contractor will provide landscape maintenance across a variety of City-owned and City- maintained sites, including highly visible business district areas, City entryways, boulevards, facilities, medians, planters, utility sites, and less visible infrastructure sites. The contract requires all sites to be well-maintained and aesthetically pleasing throughout the year. FISCAL IMPACT The contract term is May 18, 2026, through May 17, 2027, with up to four annual renewal options, for a fixed annual amount of$516,000, paid monthly at $43,000 per month. These costs are already in the approved budget. Funding for this service is provided by various utility funds, and the general fund for multiple city-owned facilities. RECOMMENDATION Authorize the City Manager to sign a public services contract with Storm Landscape Services, LLC, in the amount of$516,000 ATTACHMENTS 1. Multi-Site Landscape Maintenance Contract, Storm Landscape Services. Respect. Excellence. Trust. Service 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 V �_ O CITY OF LAKE OSWEGO Standard Service Contract OR E G O/ Multiple Site Landscape Maintenance Contractor: Storm Landscape Services, LLC Date of May 18,2026 Contract: Mailing P.O. Box 429 Date of May 17,2027 Address: Donald,OR 97020 Completion: Option to Up to 4 Annual Terms Renew WITNESSETH: Contractor and the City of Lake Oswego,a municipal corporation, mutually covenant and agree to and with each other as follows: 1. SCOPE OF WORK AND CONTRACT DOCUMENTS. The Contractor shall perform the Project as outlined in this Contract. The contract documents shall consist of,and any conflicts shall be resolved in the following priority: A. This Contract; B. The City of Lake Oswego Standard Public Contract Provisions,which are attached and hereby incorporated by reference; C. The exhibit(s)to this Contract in the following order of priority: Exhibit A: Scope of Work Exhibit B: Contractor Proposal/Bid Exhibit C: Map of Landscape Sites This contract shall supersede any prior representation or contract,written or oral. 2. DURATION OF CONTRACT. This Contract shall become effective on the date this Contract has been signed by every party hereto. Contractor acknowledges that no work has been or will be performed for the project under this Contract until this Contract is fully executed and effective. Contractor shall complete performance of this contract on or before the Date of Completion stated above. This contract may be renewed annually at the option of the City,for 4 successive years, provided however that the original and renewal terms of the contract shall not exceed 5 years from the date of commencement of the contract. Any renewal shall be under the same original terms and provisions. Renewal shall be given in writing by the City not less than 30 days prior to the expiration of the original term or each renewal period. 3. PAYMENT. A. Amount and Manner of Payment. Contractor shall be compensated for all goods, materials,expenses, and services as a fixed annual fee in the amount of$516,000.00,subject to Taxpayer Identification Report/Date and Method of Payment below, and acceptance of work by Public Contracting Officer. Page 1—Contract Upon any renewal,the annual Contract Amount for the renewal term shall be adjusted by not more than the percentage increase of the West Region (West City Size B/C 2.5 million or less) Consumer Price Index of the US Dept.of Labor, Bureau of Labor Statistics, based upon the rate of change as stated from the last month reported to the same month of the preceding year. Payment shall be due to the Contractor, in accordance with the subsection "Date of Payment" below, upon the following: monthly,on a pro rata amount:$43,000.00,with an invoice being submitted by contractor within the first 30 days of the start of work and continuing each month thereafter until completion or termination. B. Taxpayer Identification Report/Date and Method of Payment. No payment shall be due to the Contractor until the Contractor has submitted to the City's Finance Department IRS Form W-9 Request for Taxpayer Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf). The City prefers to pay contractors by electronic fund transfer;the contractor may submit the EFT agreement (http://tinvurl.com/LO-EFT)to the City's Finance Department. Payment shall be tendered,when due within 30 days from the date of receipt of the invoice. 4. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract. 5. TERMINATION. A. Parties' Right to Terminate for Convenience. This Contract may be terminated at any time by mutual written consent of the parties. B. City's Right to Terminate for Convenience. City may, at its sole discretion,terminate this Contract, in whole or in part, upon 10 days notice to Contractor. C. City's Right to Terminate for Cause. City may terminate this Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as Public Contracting Officer may establish in such notice, upon the occurrence of any of the following events: (i) City fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Contractor's Work; (ii) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Work under this Contract is prohibited or City is prohibited from paying for such Work from the planned funding source; (iii) Contractor no longer holds any license or certificate that is required to perform the Work; or (iv) Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 5 business days after delivery of Public Contracting Officer's notice, or such longer period as Public Contracting Officer may specify in such notice. D. Contractor's Right to Terminate for Cause. Contractor may terminate this Contract upon 30 days' notice to Public Contracting Officer if City fails to pay Contractor pursuant to the terms of this Contract and City fails to cure within 30 business days after receipt of Contractor's notice, or such longer period of cure as Contractor may specify in such notice. E. Remedies. In the event of termination pursuant to subsections B, C(i), C(ii) or D, Page 2—Contract Contractor's sole remedy shall be a claim, per Paragraph 3.A,for: (1) unpaid invoiced completed work, and (2) as to work in progress that has not been invoiced, (i) hourly rates: the amount determined by multiplying the number of hours worked times the hourly rate; or(ii) unit price/fixed price:the sum designated for accomplishing the Work multiplied by the percentage of Work completed and accepted by Public Contracting Officer, less previous amounts paid and any claim(s)that City has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor shall pay any excess to the City upon demand. In the event of termination pursuant to subsection C(iii) or C(iv), City shall have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under subsection C(iii) or C(iv),the rights and obligations of the parties shall be the same as if the Contract was terminated pursuant to subsection B. F. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract, unless Public Contracting Officer expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to Public Contracting Officer all documents, information, works-in-progress and other property that are or would be deliverables had the Contract been completed. Upon Public Contracting Officer's request, Contractor shall surrender to anyone Public Contracting Officer designates, all documents, research or objects or other tangible things needed to complete the Work. 6. INSURANCE. The Contractor will not perform any work under this contract until the City has received copies of applicable insurance policies or acceptable evidence that the insurance indicated as required in subsection D below is in force. A. Scope of Insurance. The Contractor shall obtain prior to the commencement of the Contract, and shall maintain in full force and effect for the term of this contract, at the Contractor's expense,the policies indicated below in subsection D for the protection of the Contractor. The Contractor shall not undertake any acts that shall affect the coverage afforded by the above policy. If the insurance policy is issued on a "claims made" basis,then the Contractor shall continue to obtain and maintain coverage for not less than three years following the completion of the contract. If no automobile liability insurance policy is required in subsection D, Contractor expressly acknowledges and agrees that City is not providing any automobile insurance to Contractor and that as to the City and any third parties, Contractor bears sole liability for claims, damages, injury(including death) and losses, arising out of or resulting from Contractor's operation of Contractor's automobile or any other automobile,whether or not such use is related to Contractor's work under this contract, and Contractor shall make no claim against the City for any claim, damage, injury, or loss resulting thereby. B. Coverage Amount. The policies shall be issued by a company authorized to do business in the State of Oregon, protecting the Contractor or subcontractor or anyone directly or indirectly employed by either of them against liability for the loss or damage of personal and bodily injury, contractual liability, death and property damage, and any other losses or damages above mentioned with limits not less than as stated in subsection D below or the limit of public liability contained in ORS 30.260 to 30.300 for any policy, whichever is greater. C. Certificate of Insurance/Additional Insured and Waiver of Subrogation Endorsement. The Contractor shall cause the insurance company to provide the City with: (i) a certificate of insurance Page 3—Contract and, (ii) if an additional insured endorsement is indicated as required in subsection D below, an endorsement thereto naming the City, its officers, agents, and employees as an additional insured for those policies indicated. The policies indicated below in Subsection D will be endorsed to provide a waiver of subrogation in favor of the City and all additional insureds. The Contractor shall provide the City written notice of cancellation or material modification (change in limits or coverages) of the insurance contract for not less than the following notice for the purposes stated: 30 days prior notice for reasons other than non-payment; 10 days prior notice for non-payment. The Contractor shall further cause a certificate of insurance to be issued not less than 5 days prior to any policy expiration date by the Contractor's insurance company or companies during the term of the Work, to assure that the required insurance is maintained. D. Insurance Policy Requirements. Required? Type of Insurance Minimum Coverage City named as Additional Insured/Waiver of Subrogation Yes Comprehensive general $2,000,000 per occurrence and $3,000,000 Yes or commercial general in the aggregate liability No Protection and $2 million per accident Yes Indemnity** US L&H** $2 million per person per accident ** Admiralty endorsement in lieu of P&I, and US L&H endorsement on worker comp. coverage for required amounts is permissible Yes Automobile liability $2,000,000 per accident-combined single Yes limit or$2,000,000 bodily injury and $1,000,000 property damage No Professional liability $2,000,000 per claim/aggregate No Yes Workers Compensation Statutory Coverage No Employer's Liability $1 million per person per accident Or [ ] Contractor Contractor warrants and represents No(if Initial if Exempt from contractor does not employ any persons initialed) Worker Comp Coverage that would require contractor to provide workers compensation insurance benefits. * The amounts may be achieved by a combination of base coverage and umbrella coverage. Page 4—Contract STORM LANDSCAPE SERVICES LLC CITY OF LAKE OSWEGO, an Oregon Municipal Corporation By: Name: Lynn Peterson, City Manager pro tern Title: Date: Public Contracting Officer Date: 380 A Avenue PO Box 369 Check one: Lake Oswego, OR 97034 Sole Proprietor Partnership Date Authorized by Council, if applicable: Corporation • X Limited Liability Company Limited Liability Partnership Other: APPROVED AS TO FORM: Domicile, if other than Oregon: ity Attorney Ver. 1703 Page 5—Contract CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (3/26) The following City of Lake Oswego Standard Public Contract provisions PCO may require,Contractor shall include in any provisions are made a part of the Contract between City and permitted subcontract under this Contract a requirement that the Contractor by reference.Where the Lake Oswego Redevelopment subcontractor be bound by this Contract as if the subcontractor were Agency(LORA)is the contracting party,"City"shall refer to LORA. the Contractor.PCO's consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract. CHANGES This Contract,including all attachments and exhibits annexed This Contract is not assignable by the Contractor,either whole hereto,shall not be subject to modification or amendment except in or in part,unless Contractor has obtained the prior written consent writing,executed by both parties.This Contract and any substantive of the City. changes to the scope of work or changes to the contract costs will not be effective until approved in writing by the City's Public City and Contractor are the only parties to this Contract and Contracting Officer(PCO). are the only parties entitled to enforce its terms.Nothing in this Contract gives,is intended to give,or shall be construed to give or INDEPENDENT CONTRACTOR STATUS provide any enforceable benefit or right,whether directly,indirectly The Contractor agrees and certifies that: or otherwise,to third persons. A. The Contractor is engaged as an independent contractor as defined in ORS 670.600.Although the PCO reserves the right(i)to HOURS OF LABOR,PAY EQUITY determine(and modify)the delivery schedule for the Work to be For those employees of Contractor covered or subject to performed and(ii)to evaluate the quality of the completed Oregon employment laws,the Contractor shall pay employees for performance,City cannot and will not control the means or manner overtime work performed under the public contract in accordance of Contractor's performance,nor provide any tools or equipment for with ORS 653.010 to 653.261 and the Fair Labor Standards Act of the performance of the Work,except as provided elsewhere in this 1938(29 USC 201 et seq.). Contract.Contractor is responsible for determining the appropriate means and manner of performing the Work. If this Contract includes the performance of"services"as B. Contractor shall be responsible for all federal or state taxes defined in ORS 279A.010(1)(kk): applicable to compensation or payments paid to Contractor under A. Contractor shall not employ any person for more than 10 this Contract and,unless Contractor is subject to backup hours in any one day,or 40 hours in any one week,except in cases of withholding,City will not withhold from such compensation or necessity,emergency,or where the public policy absolutely requires payments any amount(s)to cover Contractor's federal or state tax it,and in such cases,except in cases of contracts for personal obligations. services as defined in ORS 279A.055,the laborer shall be paid at C. The Contractor will not,on account of any payments made least time and a half pay: (a)for all overtime in excess of eight hours under this contract,be eligible for any benefit from federal social a day or 40 hours in any one week when the workweek is five security,workers'compensation, unemployment insurance,or the consecutive days, Monday through Friday;or(b)for all overtime in Public Employee's Retirement System,except as a self-employed excess of 10 hours a day or 40 hours in any one week when the individual; workweek is four consecutive days,Monday through Friday;and(c) D. Contractor is not currently an employee of the federal for work performed on Saturday and on any legal holiday specified in government or the State of Oregon;and any applicable collective bargaining agreement or ORS E. The Contractor is not a contributing member of the Public 279B.020(1)(b)(B)to(G). Employee's Retirement System. B. Contractor shall comply with ORS 652.220(Prohibition of F. Contractor is not an"officer,""employee,"or"agent"of the discriminatory wage rates based on sex;employer not to City,as those terms are used in ORS 30.265. discriminate against employee who is a complainant). Compliance is a material element of this Contract. Failure to comply is a breach OTHER CONTRACTORS that entitles City to terminate the Contract for cause. The City may undertake or award other contracts for C. Contractor may not prohibit any of Contractor's employees additional or related work,and the Contractor shall fully cooperate from discussing the employee's rate of wage,salary,benefits,or with such other contractors and with any City employees concerned other compensation with another employee or another person,and with such additional or related work,and shall coordinate its may not retaliate against an employee who does so. performance under this contract with such additional or related work.The Contractor shall not commit or permit any act that will PAYMENT OF LABORERS interfere with the performance of work by any other contractor or Contractor shall: by City employees. A. Make payment promptly,as due,to all persons supplying to such Contractor labor or material for the prosecution of the work SUBCONTRACTORS AND ASSIGNMENT provided for in this Contract; Except as set forth in Contractor's proposal or otherwise in this B. Pay all contributions or amounts due the Industrial Accident Contract,no subcontract shall be made by the Contractor with any Fund by Contractor or subcontractors,if permitted,incurred in the other party for furnishing any of the work or services herein performance of this Contract; contracted without obtaining the prior written consent of the City, C. Not permit any lien or claim to be filed or prosecuted against which City may withhold without cause. In addition to any other City on account of any labor or material furnished;and Page 1—City of Lake Oswego Standard Public Contract Provisions (3/26) CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (3/26) D. Pay to the Department of Revenue all sums withheld from ERRORS employees pursuant to ORS 316.167. The Contractor shall perform such additional work as may be necessary to correct Contractor's errors in the work required under If Contractor fails,neglects,or refuses to make prompt this contract without undue delays and without additional cost. payment of any claim for labor or services furnished to it by any person in connection with this Contract as such claim becomes due, REPRESENTATIONS AND COVENANTS City may pay such claim to the person furnishing the labor or A. Contractor's Representations.Contractor represents and services and charge the amount of the payment against funds due or covenants to City that: to become due Contractor by reason of such Contract. (1) Contractor has the power and authority to enter into and perform this Contract. The payment of a claim in this manner shall not relieve (2) This Contract,when executed and delivered,shall be a Contractor or the Contractor's surety,if any,from obligation with valid and binding obligation of Contractor enforceable in accordance respect to any unpaid claims. with its terms,and if Contractor is a partnership,corporation or other form of business entity,this contract was duly approved and PAYMENT FOR MEDICAL CARE AND executed pursuant to authority of the governing body or parties of WORKERS'COMPENSATION the Contractor. Contractor shall promptly,as due,make payment to any (3) Contractor is not in violation of any Oregon tax laws. person,copartnership,association,or corporation furnishing (4) Upon acceptance of each project,the Contractor warrants medical,surgical,and hospital care services or other needed care that it will carefully examine,as necessary,the site of the work and attention,incident to sickness or injury,to the employees of contemplated and any plans,specifications,and contract documents Contractor,of all sums that Contractor agrees to pay for the services pertaining to work,with the exception of unknown physical and all moneys and sums that Contractor collected or deducted from conditions at the work site,of an unusual nature,differing materially the wages of employees under any law,contract,or agreement for from those ordinarily encountered and generally recognized as the purpose of providing or paying for the services. inherent in work of the character provided herein. (5) Contractor shall,at all times during the term of this All subject employers working under this Contract are either Contract,be qualified,professionally competent,and duly licensed employers that will comply with ORS 656.017 or employers that are to perform the Work. exempt under ORS 656.126. (6) Contractor will accomplish the work using a standard of performance and care that is currently accepted by other contractors TAX COMPLIANCE WARRANTY engaged in similar work,under similar conditions and at the date the Contractor represents and warrants that Contractor has services are provided in the Portland metropolitan area(Standard of complied with the applicable tax laws of this state or a political Care). subdivision of this state,including but not limited to ORS 305.620 (7) Contractor's invoices shall describe all work performed and ORS chapters 316,317,and 318. Contractor covenants that with particularity,by whom it was performed,and shall itemize and Contractor will continue to comply with the tax laws of this state or a explain all expenses for which reimbursement is claimed.Contractor political subdivision of this state during the term of this Contract. shall send invoices to City's Project Manager. Failure by Contractor to comply with the applicable tax laws of this (8) Contractor's completion shall not extinguish or prejudice state or a political subdivision of this state before the execution of City's right to enforce this Contract with respect to any breach of this Contract or during the term of this Contract is a default for Contractor warranty or any default or defect in Contractor which City may terminate this Contract and seek damages and other performance(defect is defined herein as services that do not relief available under the terms of this Contract or under applicable conform to the Standard of Care(Section 6)in the performance of law. the Contract). (9) Contractor has no interest and shall not acquire any ANTI-DISCRIMINATION CLAUSE interest,direct or indirect,which would conflict in any manner or Contractor must comply with all applicable requirements of degree with the performance of Contractor's services,and in the federal and state civil rights law and rehabilitation statutes and shall performance of this Contract no person having any such interest not discriminate based on race,religion,color,sex,marital status, shall be employed. familial status,national origin,age,mental or physical disability, B. Cumulative.The representations and covenants set forth in sexual orientation,source of income,or political affiliation in this section are in addition to,and not in lieu of,any other programs,activities,services,benefits,or employment.Contractor representations and covenants provided. certifies that it has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the OWNERSHIP OF WORK subcontractor is a disadvantaged business enterprise,a minority- All work products of the Contractor,including background owned business,a women-owned business,a business that a data,documentation and staff work that is preliminary to final service-disabled veteran owns,or an emerging small business reports,which result from this contract are the exclusive property of enterprise certified under ORS 200.055. the City. If this Contract is terminated by either party or by default, the City following payment as required by the Contract,in addition to any other rights provided by this Contract,may require the Page 2—City of Lake Oswego Standard Public Contract Provisions (3/26) CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (3/26) Contractor to transfer and deliver such partially completed reports of an act sustained in connection with the performance of this or other documentation that the Contractor has specifically contract or by conditions created thereby,or based upon violation of developed or specifically acquired for the performance of this any statute,ordinance or regulation. contract. Notwithstanding the preceding paragraph,if this Contract is The reports and all material contained in the reports for architectural,engineering,photogrammetric mapping, (graphics,photos,etc.)shall become the property of the City;the transportation planning,or land surveying or other related services, City may reproduce and distribute the reports,or any part thereof, in as those services are defined in ORS 279C.100,Contractor will not such form as the City desires.Any reuse of completed documents or have a duty to defend the City,and its officers,agents,and use of partially completed documents without written verification or employees,from,for,or against a claim for professional negligence concurrence by Contractor for the specific purpose intended will be relating to the professional services provided under this Contract, at the City's sole risk and without liability or legal exposure to except to the extent that Contractor's liability or fault is determined Contractor. by adjudication or alternative dispute resolution or otherwise resolved by settlement agreement,and not to exceed the ELECTRONIC CONTRACTING AND REPORTS;PHOTOCOPY, proportionate fault of Contractor. ELECTRONIC,OR PDF VERSION OF CONTRACT This contract and any amendments may be executed by a RECORDS party electronically by use of a digital signature issued by a city- Contractor shall have access to the books,documents,papers recognized certification authority(such as Symantec Digital ID), and records of the City as necessary for Contractor's performance of pursuant to the Oregon Uniform Electronic Transactions Act,ORS Ch. the work in the City's sole discretion.The Contractor shall not 84.001—84.063.Upon execution of this contract electronically,the disclose all or any part of such records to any other person,firm, party consents to conduct further communications and transactions corporation,association or other entity except as reasonably under this Contract by electronic means. necessary to carry out the Work,without the consent of the PCO. Unless otherwise stated in the Scope of Work or separately The Contractor agrees that the City and its authorized waived in writing,all final reports,including reports of phases of the representatives shall have access to the books,documents,papers project and of the entire project,shall be provided in both written and records of the Contractor which are directly pertinent to the and electronic format. Electronic format shall be in a format specific contract for the purpose of making audit,examination, coordinated with the PCO and shall be fully compatible with such excerpts and transcripts. software programs specified by the PCO,.e.g. Microsoft Word, Microsoft Excel,Microsoft PowerPoint, Microsoft Access, Microsoft Contractor shall maintain all fiscal records directly relating to Publisher,Adobe Creative Suite,Adobe PDF,or such other software this Contract in accordance with generally accepted accounting program as specified by the PCO. principles.In addition,Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document A photocopy,electronically scanned(PDF),or electronic Contractor's performance.Contractor acknowledges and agrees that version of this Contract shall be deemed equivalent to an originally City's duly authorized representatives shall have access to such fiscal signed Contract for all purposes,including arbitration or litigation. records and other books,documents,papers,plans and writings of Contractor that are pertinent to this Contract to perform INDEMNITY AND HOLD HARMLESS examinations and audits and make excerpts and transcripts. The Contractor shall defend,indemnify,and hold the City,its Contractor shall retain and keep accessible all such fiscal records, officers,agents and employees,harmless against all liability,loss,or books,documents,papers,plans,and writings for a minimum of expenses,including reasonable attorney's fees,and against all three(3)years,or such longer period as may be required by claims,actions or judgments based upon or arising out of damage or applicable law,following final payment and termination of this injury(including death)to persons or property,but only to the Contract,or until the conclusion of any audit,controversy or proportionate extent caused by or resulting from any negligent or litigation arising out of or related to this Contract,whichever date is wrongful act,error,or omission(excepting professional services later. performed under this Contract)of an act sustained in connection with the performance of this contract or by conditions created PUBLICATION RIGHTS/RIGHTS IN DATA thereby,or based upon Contractor's violation of any statute, To the extent the Work Product consists of material capable of ordinance or regulation. publication,all publication rights in the product produced by the Contractor in connection with the work provided for under this With respect to professional services performed under this Contract,whether in preliminary draft or final form,shall be vested Contract,Contractor shall defend,indemnify,and hold the City,its in the City. officers,agents and employees,harmless against all liability,loss,or expenses,including reasonable attorney's fees,and against all The Contractor shall not publish any of the results of the work claims,actions or judgments based upon or arising out of damage or without the prior written permission of the City. injury(including death)to persons or property,but only to the proportionate extent caused by any negligent act,error,or omission Page 3—City of Lake Oswego Standard Public Contract Provisions (3/26) CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (3/26) All original written material and other documentation, • Level 2:Within 15 days request for Level 2 dispute resolution, including background data,documentation,and staff work that is commence negotiation between the Contractor's management preliminary to final reports,originated and prepared for the City representative with unlimited authority to settle the dispute and the pursuant to this contract,shall become exclusively the property of City Manager.The City Manager's last offer shall be final unless the City.The ideas,concepts,know-how or techniques relating to either party requests Level 3 dispute resolution within 30 days from data processing development during the course of this contract by commencement of Level 2 negotiation,unless both parties agree to the Contractor or City personnel,or jointly by the Contractor and extend the time to initiate Level 3 Mediation. City personnel,can be used by either party in any way it may deem • Level 3:Mediation administered by the Arbitration Service of appropriate. Portland,Inc.(arbserve.com),in accordance with such procedures as the parties agree.The mediator shall be selected by the parties, Material already in the Contractor's possession,independently either upon mutual agreement within 15 days written notice by one developed by the Contractor outside the scope of this contract or party to the other requesting mediation,or if the parties are not able rightfully obtained by the Contractor from third parties,shall belong to agree upon a mediator within said period,then in accordance to the Contractor. However,the Contractor grants to the City a with the"Appointment of Sole Arbitrator"of the Arbitration Service nonexclusive,irrevocable and royalty-free license to use such of Portland,except that the person shall be a mediator,not an material to the extent such material is incorporated into the Work. arbitrator.If the parties are unable to resolve the dispute upon completion of mediation,the City Manager's last offer under Level 2 This Contract shall not preclude the Contractor from shall be final unless a Claim for arbitration is filed within 30 days of developing materials that are competitive,irrespective of their the completion of mediation, similarity to materials which might be delivered to the City pursuant • Level 4:Upon the filing of a Claim for Arbitration,Arbitration to this contract.The Contractor will not,however,use any written shall occur in accordance with the arbitration procedures of the materials developed under this contract in developing materials for Arbitration Service of Portland,Inc.(www.arbservice.com),or such others,except as provided in this section. other procedures as the parties agree.The decision of the arbitrator(s)shall be final and may be entered as a judgment in the CONFIDENTIALITY Clackamas County Circuit Court in accordance with Oregon law. No reports,information and/or data given to or prepared or The Parties shall equally share in the cost of the mediator/ assembled by the Contractor under this contract shall be made arbitrator(s);each Party shall be responsible for its own costs and available to any individual or organization by the Contractor without fees.The mediation/arbitration proceeding shall be held in the prior written approval of the City. Clackamas or Multnomah counties,as the mediator/arbitrator(s) shall select,unless the parties otherwise agree. COBID COMPLIANCE If Contractor,at the time of its solicitation response,was SEVERABILITY either certified by the Oregon Certification Office for Business The parties agree that if any term or provision of this contract Inclusion and Diversity(COBID)or submitted a COBID subcontractor is declared by a court of competent jurisdiction to be illegal or in utilization plan,Contractor shall maintain the certification or comply conflict with any law,the validity of the remaining terms and with the utilization plan.Contractor acknowledges and agrees that it provisions shall not be affected,and the rights and obligations of the would be difficult,if not impossible,to assess the actual damage to parties shall be construed and enforced as if the contract did not the City's Equity in Contracting Program by Contractor's failure to do contain the particular term or provision held to be invalid. so. In the event of Contractor's loss of COBID certification or failure The provisions of this Contract shall be construed in accordance with to comply with its utilization plan,Contractor agrees to pay City the the ordinances of the City of Lake Oswego,Oregon,and the laws of sum of$1,000 for each violation.Exceptions to the subcontractor the State of Oregon,without regard to conflict of laws principles.. utilization plan are for approved change orders,reductions in scope of work,failure of COBID firms to complete work or having breached COMPLIANCE WITH LAWS the subcontract,and substitution requests approved by City. The Contractor shall comply with all federal,state and local laws and ordinances,applicable to public contracts and all DISPUTE RESOLUTION/VENUE regulations and administrative rules established pursuant to those Any dispute or claim that arises out of or that relates to this laws,relating to Contractor's obligations and performance,and to Contract,or to the interpretation or breach thereof,or to the the work to be done under this Contract. existence,validity,or scope of this Contract or the arbitration Dispute Resolution procedure,shall be resolved as follows: WAIVER • Level 1:Within 15 days request for Level 1 dispute resolution, The failure of the City to enforce any provision of this contract commence negotiation between the Contractor's Project Manager shall not constitute a waiver by the City of that or any other and the City's Project Manager.The City's Project Manager's last provision. offer shall be final unless either party requests Level 2 dispute resolution within 15 days from commencement of Level 1 INTEGRATION negotiation,unless both parties agree to extend the time to initiate This Contract represents the entire and integrated agreement Level 2. between the Contractor and the City,and supersedes all prior negotiations,representations or agreements,either written or oral. Page 4—City of Lake Oswego Standard Public Contract Provisions (3/26) EXHIBIT A ATTACHMENT D SECTION 1: SCOPE OF WORK BACKGROUND Included in the scope of work is approximately 200 different sites, totaling nearly 55 acres. Sites include right-of-way areas, street medians, facilities, water pump stations and reservoirs, sewer pump stations and stormwater facilities. Maintenance tasks at each site will vary. The selected contractor is expected to fulfill all duties listed under the following scope of work. SPECIFICATIONS OF WORK It is the intent of these Specifications to describe grounds maintenance of various City of Lake Oswego properties in sufficient detail to make comparisons between proposals. All work performed by the Contractor shall conform to these specifications. Any detail or apparent omission from these specifications shall be regarded as meaning that the Work shall be performed in a good and workmanlike manner.As a result, work not specifically mentioned in the specifications, which is necessary to provide a complete task according to "trade standards", shall be included in the proposal and shall conform in strength, quality of materials, and workmanship to what is usually provided in the trade. Any work not conforming to these Specifications will be rejected, and it will be the responsibility of the proposer to conform to the requirements. 1.1 GENERAL REQUIREMENTS & SPECIFICATIONS Landscape maintenance covered under this project include a variety of sites in a variety of working conditions including water reservoirs; City facilities; public rights-of-way in street medians, sides of streets, City entryways, planters located in public rights-of-way. Some of these sites are highly visible locations in the City's business districts,at entryways to the City, along boulevards, and at City facilities; while others are less visible but no less important to maintain. It is expected that all sites are well maintained and aesthetically pleasing at all times of the year. Performance Expectations The Contractor is expected to maintain a weed-free,well maintained landscape at each site covered in this contract. Below is an example of the level of expected maintenance. If the level of maintenance falls below this expectation,the Contractor shall respond and resolve all deficiencies in performance of this contract within 48 business hours (Monday-Friday)following notification by the City.The City shall provide notification in writing to the on-site manager. If performance deficiencies are not resolved by the Contractor within 48 business hours to the City's satisfaction,the City shall have the option of hiring and paying for an outside contractor to perform the work. Costs of hiring an outside contractor shall be deducted from the Contractor's monthly payment. Remedial Action The Contractor shall immediately notify the City of any significant occurrence requiring remedy or repairs due to inappropriate fertilizer, herbicide, or other chemical applications. Remedial D-1 4902-8002-2676.2 action shall be treated as extra work and may result in an increase in cost to the Contractor. The City shall determine if remedial action is necessary and who shall perform the work. Property Damage • The Contractor shall immediately notify the City of any significant occurrence requiring remedy or repairs including but not limited to fertilizer/pesticide overspray and damage,damage to plant material or turf, etc. Remedial action shall be treated as extra work.The City shall determine if remedial action is necessary and who shall perform the work. Work Deficiencies Contractor shall respond and resolve all deficiencies in performance within 48 business hours (Monday-Friday)following notification by the City.The City shall provide notification in writing to Contractor's on-site manager. If performance deficiencies are not resolved by the Contractor within 48 business hours to the City's satisfaction,the City shall have the option of hiring and paying for an outside contractor to perform the work. Costs of hiring an outside contractor shall be deducted from the Contractor's monthly payment. .. • • 2,- ' IA '' ` "' - - Y'., c i� 44,1 -'..3. f (�yr, �-E ,,, . � h POORLY MAINTAINED EXPECTED PERFORMANCE On-site Management&Coordination with City The Contractor is expected to provide an on-site manager to oversee and direct work crews at all times throughout the duration of the contract.The on-site manager shall be present,at least, a portion of each day that crews are conducting work to ensure that tasks are being completed on schedule, and are meeting specifications.The on-site manager should be available for on-site meetings with the City's project manager whenever necessary. The on-site manager is to function as the City's contact for day to day aspects of the project and will be expected to coordinate work with the City,follow up on complaints, schedule seasonal tasks, supply monthly reports and records. Traffic Control The Contractor shall provide all traffic control devices and measures as may be required by City traffic control ordinances and the City approved traffic control plan. Contractor must also comply with the Oregon Occupational Health and Safety Act. D-2 4902-8002-2676.2 Maintenance Schedule Maintenance Schedule tables included in Section 2 show a list of tasks and frequencies for each site. The frequencies shown in the tables are to be done at uniform and equal intervals during the particular month. For example, months with 4 frequencies indicated a 7-day interval, months with 3 frequencies indicate a 10-day interval, and months showing 2 scheduled frequencies are done on a 15-day interval. Right to Add or Subtract Sites by Amendment The City reserves the right to modify by written Contract Amendment the Scope of Work by deleting sites. In such event,the Contract Amount to be paid thereafter shall be reduced by the stated Proposal cost amount for the site. The City may also add sites to the Scope of Work, and the parties shall mutually agree upon the added site's cost amount, in which event the Contract amount thereafter shall be increased for the added site. In the event the parties are not able to mutually agree,the matter shall be resolved per the Dispute Resolution process in the Standard Provisions of the Contract. The adjustment shall be equitable, using the cost amount for other similar sites in the Contract. Equipment The City awards the bid based on all electric equipment. The Contractor must exclusively use electric-powered equipment (includes all mowers, blowers,trimmers,weed eaters, and other tools that are available as an electric-powered alternative,with the exception of vehicles/service trucks. 1.2 CHEMICAL USE The City of Lake Oswego is a strong advocate of sustainable landscape practices, and as such, encourages the use of cultural practices over chemical applications to manage weeds and maintain healthy and attractive landscapes. It is expected that the successful proposer will also adhere to this ethic in maintaining all sites included in this project. Pesticide Use A. Herbicides (Prohibited &Allowed) Pre-Emergent Herbicides—The City does not allow the use of pre-emergent herbicides in any landscapes covered under this contract. In addition, no insecticide products are to be used. Spot Spraying—The City does allow spot spraying of weeds with the following herbicides: Glyphosate, or others, as approved by the City. B. Pesticide Application Certification All pesticide applications must be performed by a certified applicator, licensed in the State of Oregon. Prior to beginning work on this project,the Contractor is required to supply the City with Oregon Department of Agriculture Pesticide Applicators License numbers for all persons making applications.The City requires that 2 people on Contractor's work crew are fully licensed in pesticide application. When spray work is taking place in the City, a fully licensed applicator must be on-site. An apprentice may also be working on-site, but must be accompanied by the fully licensed individual. D-3 4902-8002-2676.2 Contractor must supply information about chemicals (glyphosate product and molluscicide product)that will be used on a regular basis throughout the term of the contract. This includes product labels, and safety data sheets (SDS)for each product. Any other products that contractor proposes to use must be approved by the City's project manager prior to application, and product information must be provided. C. Pesticide Application Records. The Contractor shall provide the Project Manager with a copy of a pesticide application record for all pesticide applications.The application record shall conform to requirements of ORS 634.146.The record shall include the name of the person or company making the application,the location of application site, date and time of application,the name of the person for whom the application is being made,the person and company supplying the pesticide,trade name and strength of the pesticide,the amount of concentration of the pesticide,the specific target to which the pesticide was applied, summary information of equipment and device used to make application,the names of the pesticides applicators actually making the application and their Oregon Department of Agriculture Pesticide Applicators License numbers,the area in square feet covered and the application ratio. The Contractor will provide to the City their monthly spray log by the 5th day of the following month. Copies of these records shall be submitted to the City's Project Manager.The Contractor is responsible for following all State and Federal pesticide laws occurring now or anytime in the future, an example being the PURS Registration and Reporting Law.The Contractor shall take all necessary measures to keep pesticides from entering any streams or the City's stormwater system. D. Spray Notification The Contractor will contact the Project Manager two (2) working days prior to using any pesticides that are beyond those authorized for regular use by the Contractor. Fertilizer A. Fertilizer Program Contractor shall submit a written copy of their fertilizer program for trees,ground cover, bulbs, perennials and shrubs to the City.The submittal shall include products to be used, application rates and tentative application dates. The submittal shall be delivered to City's Project Manager(in person or via email)within ten (10) days of execution date of contract. Fertilizer plan shall include safety data sheets for all products indicated for use in plan at time of submittal of plan. B. Fertilizer Cleanup Any fertilizer overthrown from target areas onto paved surfaces such as sidewalks, parking areas and the like shall be clean up immediately following the application.The Contractor shall take all necessary measures to keep pesticides from entering any streams or the City's stormwater system. D-4 4902-8002-2676.2 C. Turf Fertilizer See section 1.5 for specifications regarding fertilizer applications for irrigated and un-irrigated turf areas. D. Tree&Shrub Fertilizer All trees, shrubs and ground covers shall receive a fertilizer application of Nature Safe 8-5-5 at the rate recommended on the label. Fertilizer shall be applied between October 15 and October 30. E. Ground Cover Fertilizer Apply a balanced fertilizer Nature Safe 8-5-5 at the rate recommended on the label. Fertilizer shall be applied between October 15 and October 30. F. Bulb& Perennial Fertilizer Apply the balanced fertilizer Nature Safe 5-6-6 to all bulbs and perennials according to label directions in early March prior to the onset of flowers. Molluscicide If a molluscicide is applied to bulbs and perennials it must be an earth friendly product such as, Sluggo or other equal approved by the City prior to use. It will be distributed at one (1) teaspoon per one (1) square yard. The Contractor is responsible for properly reporting the application as outlined in Section 1.2. 1.3 MULCH Preparation & Maintenance Mulch applications will be made between October and March by a separate contractor as a separate project/contract.Contractor will be notified as to when mulching of contract sites will take place, and the City will provide a site schedule. Contractor will be responsible for preparing all sites for mulch application.This includes: A. Keying of edges:the perimeter of all mulched areas shall be keyed to adjacent surfaces such as curbs,sidewalks,asphalt paths, lawns and the like. Keying shall consist of digging three(3) inches below the finish grade of the perimeter surface and feather the back to existing grade mulch layer.The excavation formed shall then be back filled with mulch to the prescribed 3- inch thickness. B. Leaf/debris removal C. Weed removal D. Clearance pruning as needed E. Other tasks as instructed After initial application is complete selected contractor is expected to keep mulched areas looking fresh and dressed at all times. Mulch shall not pile up around the base of trees and shrubs. Contractor shall ensure that mulch is raked and feathered out from the base of all trees and shrubs. D-5 4902-8002-2676.2 An example of expected mulch maintenance is shown in the photo below: 1 4 1';r Y , 1.4 IRRIGATION A. No irrigation work is included in this contract.All irrigation maintenance and operations shall be provided by others. B. Contractor is required to notify the City if irrigation problems that are observed so that the system can be immediately serviced. C. Contractor is responsible for keeping all in-ground irrigation and utility box tops uncovered and free from debris and mulch.This is a very important task that Contractor must be vigilant to follow. 1.5 TURF AREAS Turf Mowing All turf shall be maintained at a height of not less than 2 inches or more than 3 inches. All turf areas shall be mowed on a 7-day interval between subsequent mowing during the period of March 1 through November 30. Specified cutting height limits shall govern mowing frequency during the period of December 1 through February 28. Clippings shall not be allowed to build up on top of grass. Clippings that do not readily filter into turf shall be removed. Mowing equipment shall be sharp and shall provide a clean clip. Grass blades and stem tissue shall not be shredded or bruised.The Contractor shall use equipment and mowing techniques that avoid turf damage.The Contractor shall be liable for all such damages and shall provide repairs to the satisfaction of the City. Part of mowing is appropriate cleanup. This includes blowing of hard surfaces around the turf that was mowed,to ensure they are clean and clear. Turf Edging All grass areas adjacent to curbs and paving shall be mechanically edged at least two times per year or as detailed in the enclosed schedules. Edging shall be done once during the first week of June and once during the second week of October,or as detailed in the enclosed schedules. D-6 4902-8002-2676.2 Fertilizing Turf A. Irrigated Turf Grass Areas—Shall be fertilized with slow releasing Nature Safe 10-2-8. Application rate shall be one (1) pound of actual nitrogen per thousand square feet of grass area. Application shall be made three (3)times per year as shown in enclosed Schedules. The Contractor shall notify the City in writing of pending fertilizer application seven (7) days prior to application.The Contractor shall also provide fertilizer manufacturer's Safety Data Sheet for product to be applied along with written notice. One application shall be made during the months of March,June, and October. B. Non-Irrigated Turf Areas—Shall be fertilized with slow releasing fertilizer Nature Safe 10- 2-8 at an annual rate of three (3) pounds of actual nitrogen per one thousand (1000) square feet. The application shall be made two (2)times per year. One (1)application in March and one (1) application in October. Contractor must be mindful of application times, as fertilizer application must be preceded by several days of rain for maximum effectiveness. If weather does not allow for successful application, Contractor must coordinate work with City's Project Manager. 1.6 TREE AND SHRUB CARE Pruning:Sidewalks &Walkways Prune all trees and shrubs to maintain minimum nine (9) feet vertical clearance from sidewalks and walkways to allow safe unrestricted passage by pedestrians at all times. Shrubs shall be maintained with a horizontal clearance of 12 inches behind edge of paving or curb line at all times. Top pruning shall be completed to ensure visibility is maintained and plant size remains manageable. All pruning shall conform to current National Arborist Association Pruning Standards, Class I and Class II. Any tree pruning shall be performed by a Certified ISA Arborist.The Contractor shall contact the Project Manager prior to any pruning to be done on trees. If Contractor, during course of regular work, identifies hazardous limbs or trees within the contract sites, they must notify the Project Manager of these problems so the City can address them immediately. Weed Control All mulched areas around trees and shrubs shall be maintained free from weeds. Manual control methods and spot spraying with approved herbicides may be used. Avoid frequent soil cultivation that destroys shallow roots and creates a weed problem. Tree&Shrub Fertilizer See Section 1.2 for specifications regarding fertilizer applications for trees and shrubs. 1.7 GROUND COVER Weed Control Ground cover areas shall be kept free from weeds using manual control methods only. Chemical controls are not allowed in ground covers. D-7 4902-8002-2676.2 Edging A. A cleared circle 18"to 24"wide shall be maintained at the base of trees to reduce competition by ground cover. B. Maintain the edge of ground covers to a point 8 inches behind curbing or other ground cover boundary at all times. All edging shall be done by mechanical means. No herbicides shall be used. C. Prune English Ivy to keep it from all vertical surfaces at all times. Keep all English Ivy a distance of 10 feet away from adjacent private property lines. Any new English Ivy on any site is considered a weed and should be removed. Ground Cover Fertilizer See Section 1.2 for specifications regarding fertilizer applications for ground covers. St.John's Wort All St.John's Wort plantings shall be mowed to an approximate height of three (3) inches during March. Any unsightly debris resulting from this operation shall be removed from the site. 1.8 BULBS AND PERENNIALS Weed Control Areas planted with bulbs and perennials shall not be treated with herbicides. Weed control on these areas shall be done by manual means. Care shall be taken not to damage or destroy bulbs and perennials planted in these areas. Pest Control See Section 1.2 for specifications regarding molluscicide applications for ground covers. Prunin Upon completion of bloom period cut back leaves only after yellowing occurs in bulbs and cut back perennials according to their individual needs. Ornamental Grasses—Pruning must occur following the winter months to avoid freeze damage, and shall occur in February with advance approval by the City. Bulbs, perennials, ornamental grasses, and groundcover do not need to be pruned 12' back from curb lines, like other plants are required to be. Before pruning any of these plants, Contractor must contact the project manager. Bulb & Perennial Fertilizer See Section 1.2 for specifications regarding fertilizer applications for bulbs and perennials. 1.9 WALKWAYS, PAVED AREAS AND PARKING LOTS Paved Surfaces All walkways, driveways, alleys, parking lots and other similar paved areas shall be mechanically swept or blown off. All debris must be removed and properly disposed of off-site D-8 4902-8002-2676.2 by the Contractor. Appropriate sweeping or blowing equipment shall be used. Blowers must not exceed 75 decibels. Rotary mowers may not be used for this task. The Contractor shall report any damages to pathway surfaces. Gravel Surfaces All gravel surfaced areas including parking, concourse and another gravel surface shall be kept weed free at all times. All litter, trash, organic and non-organic debris shall be removed. Organic debris, such as tree limbs,which are the result of storm events or dumped debris, must be removed by the Contractor. Fallen trees are the responsibility of the City. Curbs Adjacent to Landscaped Medians Debris build up in gutters, including all litter,trash,organic and non-organic debris,that is not picked up by City street sweepers must be removed by Contractor on a year-round basis.This work must be completed at minimum on a monthly basis. Weeds that grow along curb lines and gutters must be removed.Specific attention must be paid to areas that City street sweeper is unable to clean. Benches Debris build up in gutters, including all litter,trash, organic and non-organic debris, that is not picked up by City street sweepers must be removed by Contractor on a year-round basis. This work must be completed at minimum on a monthly basis. Weeds that grow along curb lines and gutters must be removed. Specific attention must be paid to the tips/ends of medians, where debris builds up quickly. Prohibited Practices The City of Lake Oswego prohibits blowing, raking,sweeping,or depositing yard debris onto City streets as per LOC 42.06.310 and LOC 34.02.035(20). Violators may be cited and fined. 1.10 LITTER PATROL, DEBRIS, LEAF REMOVAL Turf Areas A. All litter accumulating on turf areas shall be picked up either prior to mowing or in conjunction with mowing. Mower shredded paper and similar debris will not be tolerated. B. Leaves that fall in turf areas may be mulched and left in place unless accumulated leaf debris exceeds 1/2 inch of mulched material. Excess material shall be removed by Contractor. C. It is the Contractor's responsibility to remove and dispose of clippings or debris that are deposited on roadways and walkways within/adjacent to maintained landscaping that result from Contractor activities. D. The Contractor shall promptly repair any rut damage as a result of Contractor operations. Landscaped Areas The Contractor shall keep all shrub beds and mulched areas free from trash, litter and organic or inorganic debris. Organic debris and tree limbs as a result of storm events or dumped debris, must be removed by the Contractor. D-9 4902-8002-2676.2 Leaf Removal A. Fallen leaves shall be removed from all shrub beds, tree circles, driveways, and walkways according to the work schedule. B. City Hall grounds shall be kept free from fallen leaves at all times. 1.11 DEAD PLANTS Dead plants and those in a state of decline (trees, shrubs, ground cover) shall be brought to the City's attention. Contractor will replace dead and missing plants after obtaining City's agreement to pay for replacements. Replacements shall be considered extra (plant cost paid by City) unless loss is due to Contractor's negligence. Plant loss due to Contractor negligence shall be made good by the Contractor without charge to the City. 1.12 SPECIAL SITE REQUIREMENTS City Hall Service visits to be twice per week Monday and Thursday from approximately 6:00 AM to 8:00 AM. No noise before 7:00 AM. Service excludes the 3 raised planters along 'A'Avenue which are maintained by the City. Library A. Grounds work at the Library shall be restricted to the hours between 7:00 AM and one half(1/2) hour before the library opens for public use. Hours vary depending on the day of the week. B. Powered blower use is not permitted in the alley behind the building from the service entrance driveway to the book drop driveway. Use hand tools instead. C. Keep channel drains in parking lot and back entrance ramp(off of alley) clear of debris at all times. Trolley Barn The boundary for the Trolley Barn grounds is State Street on the west, 801 North State Street on the north,the railroad on the east side, and 415 State Street on the south side.The areas to maintain include all planters, vegetation, sidewalks, decks, pathways, stairways, access road off State Street, parking lot and gravel areas. The spur road bed(s) into the Trolley Barn are included for weed control. A. Vegetation growing on the concrete retaining wall along the sidewalk north of the Trolley Barn shall be pruned clear from the wall at all times. Iron Worker's Cottage Contractor is expected to maintain all hard surfaces at this site. This includes the front porch and back porch of the cottage, along with all pathways. Leaf, litter, and debris removal is expected for the entire site (soft and hard surfaces)at all times. D-10 4902-8002-2676.2 Maintenance Center There are four stormwater facilities on the Maintenance Center property that the contractor will be expected to monitor and keep all inlets and outlets clear. Contractor can expect to clear inlets and outlets approximately once each month. Trolley Station There is one stormwater facility on the Trolley Station property that the contractor will be expected to monitor and keep all inlets and outlets clear. Contractor can expect to clear inlets and outlets approximately once each month. Water Reservoir Properties A. Touchstone No. 2 Reservoir- Mowing shall be maintained at two heights.The general circular area approximately 200 feet in diameter and all areas below the westerly face of the reservoir shall be mowed at two (2) inches in height. All other grass areas at Touchstone 2 shall be maintained between three (3) inches and five (5) inches in height. B. Waluga Reservoirs—there is an overflow pond at this site. Outlet grate within the pond must remain clear of debris at all times so water can flow through if necessary. In addition, there is a stormwater facility(detention pond)that contractor must monitor to ensure all inlets and outlets remain clear. a. Blackberry, ivy, poison oak, and arum invasive species should be monitored and managed by the contractor. Leaf removal is only expected on hard surfaces within this site. Kruse Way Kruse Way is generally described as city rights-of-way on Kruse Way between Bangy Road & Boones Ferry Road. A. All shrubs shall be pruned to contain growth to 12 inches behind paving and curb lines at all times. The Cotoneaster on the northeast corner of Westlake Drive and Kruse shall be kept at a height of twenty inches at all times. B. All pathways shall be mechanically cleaned as shown in Schedule with the debris removed to a proper disposal site by the Contractor. Appropriate sweeping or blowing equipment shall be used. Rotary mowers may not be used for this task. C. Whenever any maintenance work is occurring on or near the bicycle path,or whenever equipment is present on the path, adequate "traffic type" warning signs shall be placed at least one hundred (100)feet down the path on each side of the activity or equipment. The Contractor shall also provide all traffic control devices and measures as may be required by City traffic control ordinances the City approved traffic control plan. Contractor must also comply with the Oregon Occupational Health and Safety Act. D. All grass areas within the right-of-way shall be maintained at a height of not less than four(4) inches and not more than six(6) inches. Mowing shall continue during period of seed head formation on all non-irrigated areas during periods of drought. Seed heads shall not be allowed to develop beyond the specified maximum six(6) inch height. Equipment used shall be a self-propelled rotary mower with front mount mowing deck. Mowing equipment shall be sharp and shall provide a clean even clip. The Contractor shall use D-11 4902-8002-2676.2 equipment and mowing techniques that avoid turf damage.The Contractor shall be liable for all such damage and shall provide repairs to the satisfaction of the City. Any fertilizer overthrown from target areas onto paved surfaces such as sidewalks, parking areas and the like shall be cleaned up immediately following the application. The Contractor shall take all necessary measures to keep fertilizer from getting into streams and the City's surface water system. The Contractor shall prune all Japanese Multi-Floral Rose in the medians twice per year, once in February and again in August.The roses shall be pruned so that all stems and foliage are contained 1 foot behind curb lines on a year around basis. UNDER NO CIRCUMSTANCES SHALL FOLIAGE BE ALLOWED TO GROW BEYOND THE BACK SIDE OF CURBING SURROUNDING THESE BED AREAS AT ANY TIME.This means that spot pruning may be required at other times of the year in addition to the scheduled February and August pruning. State Street/Highway 43 This area is defined as all medians along State Street within City of Lake Oswego. A. Contractor must provide routine curb line maintenance around all medians within the defined area. Maintenance activities include debris removal and weed removal from curb lines.This includes the areas along the sides of medians, and at the tips of medians. Cleaning must be completed once monthly, in addition to other assigned work. D-12 4902-8002-2676.2 STOR M LANDSCAPE SERVICES 4 � E O LANDSCAPE MANAGEMENT PROPOSAL FOR: o s� City of Lake Oswego 71011110 Multiple Site Lanuscape Maintenance RFP SUBMITTED TO: Kristine Ashton SUBMITTED BY: Randy Mihalko °R E G O\--\ DATE: 5/1/2026 iii, LETTER OF INTRODUCTION STORM Landscape Services, LLC Date: 5/1/2026 PO Box 429 Donald Oregon 97020 Tele: 503-470-2565 Email: info(cc�stormlandscape.com Oregon Landscape Contractor Board License # 9094 Oregon Department of Agriculture Pesticide Operators License # AG-L1050769CP0 Limited Liability S Corporation Ownership: Randall Mihalko 50% Shawn Tripp 50% Years in Business: 10 Number of total of employees: 98 Typical maintenance crew size: 4 to 6 Number of Irrigation Technicians: 3 Number of ISA Certified Arborists: 2 STORM Landscape Services is a local and privately owned limited liability corporation started in November of 2015 with three hub locations all within the state of Oregon; Wilsonville, Newberg, and Corvallis. We provide all aspects of landscape, irrigation, and arbor services for both commercial and residential customers. ATTACHMENT A EXHIBIT B ATTACHMENT A PROPOSAL COVER SHEET (Must be submitted with Proposal) CITY OF LAKE OSWEGO MULTIPLE SITE LANDSCAPE MAINTENANCE PROPOSAL COVER SHEET STORM Landscape Services LLC (Proposer's Business Name) will furnish services for Multiple Site Landscape Maintenance for the City of Lake Oswego in the lump sum amount of$ S516.000 (Total Annual Cost of Project) according to the terms stated in the Contract Documents, Scope of Work, Request for Proposals, and Proposal. All pricing information requested below must be provided in full. If the task is proposed at no cost, the proposer shall enter a zero for that task line item. The proposal shall provide accurate task costs for each site, subtotals, and Total Proposal Price, on an annual basis. Proposer acknowledges that the following proposal forms have been submitted in full, and that the price stated is all-inclusive(equipment, labor, materials, mobilization,traffic control,fuel, etc.). Failure to provide all requested items will result in rejection of the proposal. 0 ATTACHMENT B .'a(:(or.?;lnr Vnrt=, 1 18 59 T 51 60 20 46 11 j 16 74 T 64 63 o ` o N a E z d WATER PROPERTY SITES CC -o o c _ 0 „ Y Y TASK &SUBTOTAL COSTS A 0 o •` �cc 0 `> �° d . •` o •` o 0 d' w G! O A L O oz . - L L N Y RI In C CU CC" 5 C co O e O a O al w t _ Y ]C G N z d 4/1 5 1- CCI- O: I- N Spec It TASKS 1.5 Mowing Turf $ 3,000 $ 4,000 S 2,200 S 1,800 5 500 1,600 $ 3,600 1.5 Edging Turf $ 400 5 300 5 300 S 400 5 100 . 300 5 500 1.5 Fertilize Irrigated Turf $ 500 400 S 300 5 46 1.5 Fertilize Unirrigated Turf S 3001=111. 5 300 $ 400 Hand Weed/Spot Spray $ 1,200 $ 400 5 400 5 400 $ 300 $ 361 $ 1,600 S 1,300 S 1,000 $ 370 $ 400 $ 80 1.9,1.10 Litter&Bench Patrol/Debris Pick Up 5 200 5 100 S 100 5 100 $ 30 $ 100 $ 200 S 100 S 100 5 100 $ 100 $ - 1.9 Sweep/Blow Walks&Paving $ 200 $ 120 5 120 $ 30 $ 100 $ 1,250 5 1,000 5 400 5 120 5 500 5 80 1.7 Trim/Edge Ground Cover 5 - -5 - S - S 100 S 250 5 80 - 1.1 Leaf Removal 5 1,700 $ 2,000 $ 500 S 636 5 680 S 200 $ 2,166 S 2,166 5 2,456 800 $ 2,000 $ 80 1.2 Fertilize shrubs/trees S 400 5 214 S 200 S 700 5 30 5 200 5 200 S 200 200 5 450 S 16 1.2 Fertilize Ground Cover 5 300 $ 200 S 400 $ 30 $ 200 $ 40 1.3 Mukh Maintenance S 434 5 200 S 130 S 100 5 30 S 50 S 340 S 140 4111 $ 300 5 600 $ 40 1.6 Prune/Maintain Trees&Shrubs S 1,500 $ 2,000 S 359 S 800 $ 30 5 200 5 800 S 800 5 600 S 500 5 562 5 60 1.2 Fertilize Bulbs&Perennials Allik . S 200 $ 30 $ 50 1.2 Bulb&Perrennial Maintenance _ $ 400 5 30 5 50 1.7 Mow St.lobnswort S 400 5 180 1.12 Special Requirements S 200 5 2,000 5 4,000 Subtotal $ 9,834 $ 9,834 5 4,589 $ 6,556 $ 1,966 $ 1,311 $ 6,556 $ 6,556 S 6,556 S 4,590 S 13,112 $ 656 TOTAL ALL WATER PROPERTY SITES $ 72,116 0 ATTACHMENT B Mop Location Number 77 36 29 i 1 1 27 CITY FACILITIES o d N E c d TASK & SUBTOTAL COSTS ,• m `o a, i to a 1° t O .� c U 7 1= I- g o u Spec# TAsK,. 15 Mowing Turf 1 S 1,500 I� 1.5 Edging Turf S 600 15 Fertilize Irrigated Turf S 600 1.5 Fertilize Unirrigated Turf 1.1;1.6-1.9 Hand Weed/Spot Spray Landscape Beds S 2,000 S 2.000 S 400 S 800 S 4.812 S 100 1.9,1.10 Litter&Bench Patrol/Debris Pick Up S 1,000 S 300 S 100 S 200 S 200 S 80 1.9 Sweep/Blow Walks&Paving S 8,000 S 4,000 S 200 S 300 S 300 S 300 1.7 Trim/Edge Ground Cover S 3,000 S 900 S 200 S 200 S 500 S 100 1.10 Leaf Removal S 4,000 S 4,000 S 478 S 300 S 3.000 S 331 1.2 Fertilize shrubs/trees S 500 S 400 S 200 S 300 S 600 S 50 1.2 Fertilize Ground Cover S 500 S 400 S 200 S 178 S 200 S 20 1.3 Mukhing&Mulch Maintenance S 500 S 300 S 200 S 100 S 300 S 90 1.6 Prune/Maintain Trees&Shrubs S 3,600 S 2,600 S 500 S 200 S 1.800 S 200 1.2 Fertilize Bulbs&Perennials S 600 S 100 S 50 S 50 S 300 S 10 1.2,1.8 Bulb&Perrennial Maintenance S 500 S 200 S 50 S 50 S 100 S 10 1.7 Mow St.Johnswort I i iM=M I i 1 12 Special Requirements S 2,020 S :.-88 S "0C S 6L.: S 1,000 S 20 Subtotal $ 26,220 $ 19,688 $ 3,278 $ 3,278 $ 13,112 $ 1,311 TOTAL ALL FACILITIES SITES $ 66,887 0 ATTACHMENT B . . hlay location Number 72 3 KRUSE WAY cr TASK & SUBTOTAL COSTS 'm 3 d 32 Spec n- TASKS 1 5 Mowing Turf S 25.12S 1 5 Edging Turf S 6.400 15 Fertilize Irrigated Turf 15 Fertilize Unirrigated Turf S SOO nano vveeUJ)poc,pray ranascape 1 1,1 6-1 9 n a S 2.000 1.9,1.10 Utter&Bench Patrol/Debris Pick Up S 400 1 9 Sweep/Blow Walks& Paving S 1.100 1 7 Trim/Edge Ground Cover S 1.000 . 12 Leaf Removal S 4.000 1 2 Fertilize shrubs/trees ME Fertilize Ground Cover 1 3 Mulch Maintenance S 1.000 Prune/Maintain Trees& Shrubs 5 10.000 1 2 Fertilize Bulbs&Perennials Bulb& Perrennial Maintenance 1 7 Mow St.Johnswort S 900 112 Special Requirements S 3.000 TOTAL KRUSE WAY $ 55,728 0 ATTACHMENT B ,, 69 39 42 50 4 73 43 57 N LL iv x N i m m` . r 5. C as — _ • C 0 CITY BEAUTIFICATION SITES E d c - A % 3 ` m° TASK&SUBTOTAL COSTS v° .. c co r - 06 a m 1 46 - xco • E >o ,. — c a i T he 3 10 C 0 _ _ i C C < m I m m° m° _ _ a l 0 Spec p' TASKS 1.5 Mowing Turf '. 1 5 Edging Turf 1.5 Fertilize Irrigated Turf S __ 1.5 Fertilize Unirrigated Turf 1.1;1.6-1.9 Hand Weed/Spot Spray Landscape Beds S 3.412 S 1,867 S 60 S 591 S 2.000 S 22,262 S 1.600 S 107 S 1,880 S 300 S 1,600 1.9,1.10 Litter&Bench Patrol/Debris Pick Up S 200 S 30 S 40 S 20 S 10 S 3,000 S 10 S 10 S 50 S 10 S 400 1.9 Sweep/Blow Walks&Paving S 1.800 S 400 S 200 S 100 S 600 S 10,000 S 50 S 50 S 300 S 100 S 900 1.7 Trim/Edge Ground Cover S 400 S 60 S 60 S 100 S 3,000 S 200- S 800 1.10 leaf Removal S 2.240 S 3,000 S 100 S 150 S 2.000 S 10,000 S 1.000 S 60 S 1,000 S 396 S 1,600 11.2 Fertilize Shrubs/Trees S 400 S 60 5 S 20 S 50 S 1,200 S 50 S S 60 S 50 S 100 1.2 Fertilize Ground Cover S 60 S 5011111. Ara S 40 S 900 S 50- S 100 1.3 Mukhing&Mukh Maintenance 5 1.000 S 800 S 125 S 250 S 300 S 900 S 60 S 60 S 600 S 250 S 100 1.6 Prune/Maintain Trees&Shrubs 5 3.000 S 1,200 S 50 S 60 S 1.456 S 12,000 S 509 S 40 S 200 S 125 S 916 1.2 Fertilize Bulbs&Perennials S 200 S 100 S 10 S 20 S 800 S 100 S 40 S 20 1.2,1.8 Bulb&Perennial Maintenance S 400 S 300 S S 40 S 100 S :5 S 40 S 20 1.7 Mow St.John's Wort U61- 1.12 Special Requirements Subtotal $ 13,112 $ 7,867 S 655 $ 1,311 $ 6,556 $ 65,562 $ 3,279 $ 327 $ 4,590 $ 1,311 $ 6,556 TOTAL BEAUTIFICATION SITES P1 $ 111,126 0 ATTACHMENT B 53 6 41 45 33 28 35 66 47 24 44 v • a x m e V Y ` a e D E as Ti 2 1 s CITY BEAUTIFICATION SITES u c o c s t I o Y ti ge TASK&SUBTOTAL COSTS a —08 o a u a f0 M 45 g a ` ? _ ... O 3 h D 0 cod °' 8 r 8 V O w �i i. W W 2 S = Spec tr• 1.5 S 2,134 1.5 Edging Turf S 700 - : 40C IMF- 1.5 Fertilize Irrigated Turf IW S '5C 1.5 Fertilize Unirrigated Turf S 300 glIF IIIIIIIIP 1 1,1 6-1 9 Hand Weed/Spot Spray Landscape Beds S 500 S 32 S 250 S 120 S 150 S 200 S 150 S 220 S 600 S 1.500 S 100 1.9,1 10 Litter&Bench Patrol/Debris Pick Up S 200 S 30 S 150 S 50 S 50 S 100 S 20 S 50 S 125 S 4-42 S 50 1 9 Sweep/Blow Walks 8 Paving S 300 S 55 S 200 S 71 S 300 S 300 S 50 S 550 S 500 S 75 1.7 Trim/Edge Ground Cover S 400 - S 300 S 80 S 60 S 120 S 10 5 400 S 450 S 75 1 10 Leaf Removal S 2,400 S 60 S 600 S 60 S 750 S 400 S 100 S 150 S 800 S 890 S 150 1.2 Fertilize Shrubs/Trees S 700 S 50 S 200 S 40 S 76 S 120 S 40 S 150 S 120 S 250 S 50 1 2 Fertilize Ground Cover S 200 5 150 S 40 S 142 S 120 S 40 S 100 S 123 S 50 1.3 Mukh Maintenance S 400 S 50 5 200 S 450 S 550 S 600 S 100 S 150 5 1,100 S 1,200 S 360 1 6 Prune/Maintain Trees 8 Shrubs S 1,400 S 50 5 750 S 100 S 550 S 400 S 50 S 190 S 500 S 600 S 200 1.2 Fertilize Bulbs 8 Perennials S 100 5 150 S 50 S 100 S 118 S 35 S 200 S 89 S 156 S 85 1 2,1 8 Bulb 8 Perennial Maintenance S 100MEL 5 156 S 100 S 550 S 300 S 60 S 200 S 205 S --- - 116 1.7 Mow St.John's Wort Alas 1.1111MMI S 150 111111i 11. 11 11M_ 1 12 Special RequirementsMIIIM .M1 � MilliiIIMI_ Subtotal $ 9,834 5 327 5 6,556 $ 1,311 5 3,278 $ 3,278 $ 655 $ 1,310 5 4,589 5 6,556 5 1,311 TOTAL BEAUTIFICATION SITES P2 5 39,005 0 ATTACHMENT B 71 68 49 21 9 56 19 22 70 N ez C CO C - S E. CITY BEAUTIFICATION SITES d i s ... g S • iv • TASK&SUBTOTAL COSTS _ 3• s y e 0 3 I V • • 3 x O = _ o Y 3 3 i 9 i s C d N ' • C Spec a• TASKS G 1.5 Mowing Turf IIIII .- S 1.900 ,mill 1 5 Edging Turf MI" S 800 IIIIIM 1.5 Fertilize Irrigated Turf -OMNI.- S 200 1 5 Fertilize Unirrigated Turf Elir 1 1,1 6-1 9 Hand Weed/Spot Spray Landscape Beds S SC.,-C, S 200 S 50 S 300 S 800 S 200 S 1,400 S 2.100 S 1,250 S 351 S 2,100 1.9,1.10 Litter&Bench Patrol/Debris Pick Up 5 100 S 90 S 20 S 60 S 200 S 50 S 500 S 300 S 300 S 60 S 200 19 Sweep/Blow Walks&Paving 5 400 S 172 S 50 S 240 S 2,200 S 300 5 1,912 S 1.984 S 2,100 S 100 S 1,550 1.7 Trim/Edge Ground Cover ill 5 820 S 400 S 400 S 30 S 850 1 10 Leaf Removal S 800 S 400 S 5C S 600 S 2,200 S 150 S 800 S 2.100 S 1,700 S 30 S 1,100 1.2 Fertilize Shrubs/Trees S 200 S 50 5 _. , 180 S 400 S 900 S 320 S 320 S 200 S 980 1 2 Fertilize Ground Cover -IIIIMIllb- S 800 S 250 S 250 S 100 S 675 1.3 Mulch Maintenance S 1,300 S 300 S .- 5 1,050 S 2,000 S 611 S 3,000 S 300 S 2,512 S 20 S 890 16 Prune/Maintain Trees&Shrubs S 990 S 100 S 5C C 600 S 350 J. S 1,600 S 1,700 S 1,600 S 20 S 1,200 1.2 Fertilize Bulbs&Perennials oh Ji S 48 S 73 Id= S 180 S 180 S 180 S 100 1 2.1° Bulb&Perennial Maintenance -MIMI. SIf S 200 S 300 S 1,200 S 100 S 1,600 = S 100 1.7 Mow St.John's Wort ---au- -11111.1` SI Y.. S 900 5 400 S 1,400 112 Special Requirements ---=MIL ----MI. Ai Subtotal $ 4,590 $ 1,312 5 355 5 3,278 5 8,523 5 1,311 5 13,112 5 9,834 5 13,112 5 1,311 5 11,145 TOTAL BEAUTIFICATION SITES P3 5 67„.883 _ 0 ATTACHMENT B _ _ 65 26 30 55 10 __ m eo c a coo `o '° • a -c v ra a, `6 3 CITY BEAUTIFICATION SITES p�� J E L 3 TASK&SUBTOTAL COSTS - ... t°� Y c6 r • c C -o o g G in o a • co 0 c L a a A Y O = i . a. C a a E. O. tY re rn in Spec a• TASKS 15 Mowing Turf S 50:: S 600 S 90 1 5 Edging Turf S 60C S 200 S 20 15 Fertilize Irrigated Turf 5 79': ' 1.5 Fertilize Unirrigated Turf S 50 S 30 1.1;1.6-1.9 Hand Weed/Spot Spray landscape Beds S 50 5 400 5 450 S 123 S 600 S 400 S 1.717 S 130 S 900 5 30 S 1,200 S 116 1.9,1.10 litter&Bench Patrol/Debris Pick Up S 10 S 20 S 200 S 150 S 300 S 200 5 400 S 60 S 650 S 30 S 400 S 30 1.9 Sweep/Blow Walks&Paving S 50 S 350 S 38 S 450 S 900 S 100 S 800 S 119 S 1,900 S 47 S 400 S 20 1.7 Trim/Edge Ground Cover S 20 S 90 S 100 S - S 50 S 400 11.10 Leaf Removal S 50 S 125 S 100 S 308 S 300 S 366 S 2,000 S 153 5 850 S 40 S 100 S 80 L2 Fertilize Shrubs/Trees S 20 S 60 S S 308 S 300 S 10 S 500 S 100 S 850 S 40 S 300 S SO 1.2 Fertilize Ground Cover S 18 S 60 _ S 100 S 30 S 400 1-3 Mulching&Mulch Maintenance S 20 S 96 S 100 S 300 S 300 S IC S 650 S 100 S 706 S 30 S 400 S 60 1.6 Prune/Maintain Trees&Shrubs S 50 S 50 S 100 1 S 300 S 10 S 1.800 S 100 S 700 S 30 S 1,400 S 60 1.2 Fertilize Bulbs&Perennials S 20 S 40 S 100 S 178 S IC S 500 S 10 1.2,1.8 Bulb&Perennial Maintenance S 20 S 20 S 100 S 100 S 10 S 400 S 10 L7 Mow St.John's Wort K_ # _.4111 S 400 1.12 Special Requirements III MIMm Subtotal $ 328 $ 1,311 $ 3,278 S 1,c,3,-a 5 3,278 $ 1,966 $ 7,867 $ 1,312 $ 6,556 5 327 $ 5,900 $ 656 TOTAL BEAUTIFICATION SITES P4 5 35.072 0 ATTACHMENT B ._ .__: .. 76 3= 54 48 _ t~ CITY BEAUTIFICATION SITES _ 3 L E 9. u TASK &SUBTOTAL COSTS v+ °J c c y► H 0 il i al A A a % E c c 1 • ai . C t �v 4 • Ti. °' d Spec JJ• TASKS 1.5 Mowing Turf S 1,800 - miiii S 2,100 S 1,200 1.5 Edging Turf S 600 S 900 S 500 1.5 Fertilize Irrigated Turf 11111.1 S 800 V S 600 S 50C 1.5 Fertilize Unirrigated Turf 111.1=111 il 1.1;1.6-1.9 Hand Weed/Spot Spray Landscape Beds S 3,500 S 3,157 S 100 S 100 S 1,500 S 100 S 90 S 300 S 1,200 S 50 S 800 1.9,1.10 Litter&Bench Patrol/Debris Pick Up S 250 S 200 S 50 S 40 S 400 S 45 S 20 S 100 S 200 S 50 S 200 1 9 Sweep/Blow Walks&Paving S 900 5 2,700 S 300 S 300 S 1,000 S 150 S 50 S 10C S 1.500 S 50 S 800 1.7 Trim/Edge Ground Cover S 500 S 400 S 100 S 82 Mr- 1 10 Leaf Removal S 600 S 3,400 S 100 S 300 S 2,200 S 100 S 80 S '-- S. 2.000 S 180 S 1,000 1.2 Fertilize Shrubs/Trees S 300 S 600 S 66 S 250 S 400 S 20 S 21 S 'I I , 50C S 50 S 10C 1.2 Fertilize Ground Cover S 500 S 400 S 50 11111 Mill S 50 1.3 Mukh Maintenance S 2.605 S 400 S 800 S 200 S 300 S 100 S 600 S 10C S 2.80C S 400 S 900 1.6 Prune/Maintain Trees&Shrubs S 680 S 2,800 S 300 S 52 S 1.'05 S 100 S 150 S 300 S 323 S 200 S 156 1.2 Fertilize Bulbs 8 Perennials S 600 S 50 S 20 S 20 S 20 S 150 S 6 S 100 S 50 1.2,1.8 Bulb&Perennial Maintenance S 2,400 S 50 S 50 S 20 S 20 S 150 S 5 S 100 S 50 1.7 Mow St.John's Wort lib. afls. ifilkall=1 lilMir-- _ 1.12 Special Requirements _ 4,000 . 111111111m. allilli . millim_ , Iiiiii Subtotal $ 9,835 5 24,257 5 1,966 $ 1,312 $ 11,145 5 655 $ 1,311 $ 1,311 $ 8,523 5 1,312 $ 6,556 TOTAL BEAUTIFICATION SITES PS $ 68,183 IIIATTACHMENT C Attachment PWR rates or Apprenticeship rates since the most current publication of those rates.BOU 11. TAX COMPLIANCE Mat pie S to Landscape Maintenance Service publications can be reviewed electronicaly at Proposer has complied with the tax laws of the state of Oregon or a political subdivision of the hops://www.oregonsov/bof/employers/page/prevailing-wage-eates.aspa The applicable state of Oregon,including but not limited to ORS 305.620 and ORS chapters 316,317 and 318. PROPOSAL FORM preva l ing wages wit be those in effect on the date of publication of the RFP as described above, (To Be Submitted with Proposal) ®Yes ❑No and which rates are incorporated by reference in the RFP and any resulting contract.[IMPORTANT 1. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA NOTE:PREVAIUNG WAGES APPLY TO CONTRACTS FOR PUBLIC WORKS'NOT JUSTCOHTNACfS 12 PROPOSERS SIGNATURE AND IDENTIFICATION FOR PUBLIC IMPROVEMENTS.UNDER BOUS RULES,A GOODS AND SERVICES CONTRACT IS A Addenda_through_received.(If addenda were saved completion of this line is REQUIRED.) 'PUBLIC WORK"IF IT INVOLVES CONSTR UCTION SERVICES,PAINTING,OR INSTALLATION OF I hereby certify that this Proposal is genuine and that I have not entered into collusion with any 2. PROPOSAL SECURITY S FIXTURES ON CITY PROPERTY AND THE AMOUNT OF THE WORK(GOODS AND SERVICES)IS OVER other vendors)or any other person(s). ❑Required ®Not Required SS0,000.) Pleaseprint or information type al requested below(except where signature nure required)a attach Proposal Security(if required)to this form: 6. CERTICATION OF NON-DtCRMINATION The undersigned agree,that the proposal security accompanying this proposal is left in escrow Name of Proprietor,Partnership.or with the Owner,that the amount thereof is the measure of Fqudated damages which the Owner Proposer certifies that 4 has not and will rot dscimnate,in violation of ORS 27SA.110(1),against D Signature of Proprietor.Partner,or Corporate willsustain as a newt of the failure of the undersigned to execute and delver the above-named a disadvantaged business enterprise,a minority-owned business,a woman-caned business,a Corporation Officer. Contract and performance and payment bond;and that if the under{redden huts in ether veteranowned business,or an emerging small business in awarding any subcontract renting to �y� executing the Contract or providing a performance and payment bond within ten(10)days after this RFP or any contract awarded under it(ORS 279R.110) thane STORM Landscape 54ervces LLC Signature (/'-�� forms are provided to him/her,then the proposal security may become the property of the Owner 7. CONSTRUCTION CONTRACTORS BOARD REGISTRATION(ORS 701.055) Street Address r..r.''..rw....ur s"m Name of Signatory Ra102e lei O at the Owner's colon;but if this proposal isnot accepted within ninety(90)days of the submission date,or it t he undersigned executes and timely delivers said Contract and 0 Required ®Not Required eormo..a.rah nc�. y3p,.p� performance and payment bond,the proposal security shall be returned. Mailing Addree Date Signed Proposers must be registered with the Construction Contractors Board prior to submitting 3. PERFORMANCE BOND proposals for emergency work,minor alterations,ordinary repair,or maintenance projects. City,State,and by Code If Corporation,Aeest•. El Required ®Not Required Construction Contractors Board Registration Number •As rap 2ws exau leaso The undersignedagrees,if awarded a Contract,to execute and deliver to the City, phone Number Secretary of Corporation within ten(10) Expiration Date days after the receipt of Notice of Intent to Award the Contract,a satisfactory performance and Employer ID Number 452931453 State of Incorporation x� payment bond in an amount equal to one hundred percent(100%)of the Contract Amount.In 8. LANDSCAPE CONTRACTORS BOARD LICENSE(ORS 671.560) addition,Certificate of Insurance for the coverages spedfied in the Proposal Document must be ®Required ❑Not Required submitted at the same time. Proposers must be licensed with the Landscape Contractors Board leer to submitting proposals 4. PAYMENT BOND for landscape contracting work. 0 Required ®Not Required Landscape Contractors License Number The undersigned agrees,if awarded a Contract,to execute and deliver to the City,within ten(10) Expiration Date days after the receipt of Notice of Intent to Award the Contract,a satisfactory payment bond in an amount equal to one hundred percent(100%)of the Contract Amount. 9. ASBESTOS ABATEM E NT ❑Required ®Not Required 5. PREVAIUNG WAGES Proposer possesses an asbestos abatement license pursuant to ORS 468A710. El Required ®Not Required The undersigned agrees,pursuant to ORS 279C.020 to 279C.870(The"Prevailing Wage Statute"), 10. STATE OF OREGON OFFICE Of MINORITY,WOMEN&EMERGING SMALL BUSINESS(OMWESB) that workers in each trade or occupation employed in the performance of any Contract awarded CERTIFICATION hereunder ether by the Prime Contractor or any subcontractor,or any other person doing or If your firm is currently certified by OMWESB in arty of these categories.please indicate that cortractirg to do the whole or any part of the work,shall be paid not las than the applicable certification. prevailing rate of wage for each trade or occupation as defined by the Director of the State of ❑Minority Business Enterprise(MBE) Oregon Bureau of Labor and Industries("BOU")in the applicable publication entitled Oefneios of 8 Women Business Enterprise(WBE) Covered Occupations fro Pubic Works Contracts in Oregon The prevailing wage rates for public Emerging Small Businas(EMI) works contracts in Oregon are contained in the following publications: The Prevailing Wage Rates for Public Works Projects in Oregon,the PWR Apprenticeship Rata,and any amendments to the C-3 C 1 E 2 02 a007 7676 7 4902.10 226762 49 4902 le002,26762 INSURANCE AND LICENSES ., Aco�za► CERTIFICATE OF LIABILITY INSURANCE Bare�, License# THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AHD CONFERS NO RIGHTS UPON TIE CERTFICATE MOLDER MS STATE OF OREGON CERTIFICATE DOES NOT AFFNMATNELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCES 9094 LANDSCAPE CONTRACTORS BOARD BELOW M N S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE ACONTRACT BETWEEN THE ISSUING SURERIS).AUTHORIZED REPRESENTATIVE OR PRODUCER.AND TIE CERTIFICATE HOLDER. IMPORTANT A the ce n,hcate bol0er n an ADDITIONAL INSURED.the POEMes)roust Mae ADOT ZONAL INSURED prorrstons or be endorsed. R SUBROGATION IS WANED subject to the tends and coottom of the policy.certain pol Les may'enure an endorsement A statement on m cae scertrb does not confer'rents to the cerSA�tel,older.,lyen Of such end0r,arnenns) M This certifies the business named hereon is licensed as provided by law as a -a▪rA' 't'.9'"°0"'eI • ."'63 ° I[ar, l"J 6J6a"s Landscape Contracting Business TC...0 Ucran1 ▪ as marternotnageartMeas OR 97 ...a. NUN vao AM.aNNcaroary 14184 STORM LANDSCAPE SERVICES LLC .>.aeo O.GAE 36t% S L Landscape DenniC Po6 es 0x SOB DBA: Dread Ot 97020 tMAW: COVERAGES CERTIFICATE NUMBER: 262)GUAUFEARC REVISION MMBER: MS W.LEMBELQO.N2BEEN=LEDTOTIEIQASDWA©AB0VEF0tTEPOLICYPEOOO All Phases Plus Backflow-Active SCOUTED NOTn SOISA ONG ANY R UIRESENT.TI MOt COMMON OF ANY 0.41ACT OR OIER DOCUMENT LS.CTTOfr T TO WHO,THE CERTIFICATE MAY BE WARD CR MAY PENPK THE NOANNCE AFFCRCED el ITC POKES 0E0:WEf rEIEN GOUBER TO ALLTI!TIME. EsO-LEaCRCA'O COrOTHoAO OF G./CH.DICED.IAIT0 WWI MAY NWE BEEN REDUCED BY PRO CLFtG ,"ro Y fFr.v.Ns..N�., ,99099 May 31,2026 Expiration Date: aAaNWae L�°Cd" 2s0W Signature of Licensee lac Era Ars"ems ZY916T 03011W6 03Cit2027 I.WD.WO , 1 El Irgc* U.c - .ex.cT,•Dow,,,..- a.aoD.oao a.W0.000 u'.T 1.030.003 WI ALPO =Ad• Y Y ZY9167 Oat,1036 O3.o van, wax.CO.WPM AUB.oA For74-7^ m 1014 Rev 04/19 x a 2'W0'0°° OREGON DEPARTMENT OF AGRICULTURE Printed 01/142026 A I�aSN . Y Y MST Oa01EW6 D10T1W) yO, a.W0.000 „�j F, o 635 CAPITOL ST NE.STE 100 Y. xl:9m,rf I Ire SALEM.OR 97301-2532 r C711/11 Y IC00Ta566 030,1GM 05.011WT •AaAPFOPRrrT ''� (S03)986-4550 POST IN A CONSPICUOUS PLACE 1„▪ .z. tNN F>dQP fA PefAN-GIMTN t I' Of.aaFl.0,0Nwr00111w 0..•MUG.WT e"MA.' ▪ OF Lo[n1001. MI.III..Rwe errrar. N • Near ISM.N CI 9lar«',Our SON AM Jf...m,a1 repum6,NEN,MAW MOM Olt naneeeseeo and me STORM LANDSCAPE SERVICES BUSINESS LOCATION OEM,. aw.a•ts27e•nnCe.are,arN N a il,a0pla'a Irs✓e0 Si rnen regd.c,r,IV anpaC or Aram 31,611111.1..11.1.16 106N V..01193119 arM cor,PRNO perm,.as mar,el,alr War.«or tlor,9aBon am prmary aria ron«TmpuN)NaoR sw•F BMA IN Rn6m tmrars Or OnINr, PO BOX 429 agree*am or sN Punned Mann.Ands.coverage Henley Pm ge.Nra many.ammo.uNr9.a.p canparNMN Doyens,30-day STORM LANDSCAPE SERVICES nos.o.c la:or apprds/0 days t>nnr.parnent orpr..r..erm. DONALD OR 97020 12431 AW TOOZE RD SHERWOOD OR 97140 CERTFICATE HOLDER CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICES°E CANCELLED BEFORE RE EXPIRATION GATE THEREOF.ND"IZ*ILL BEDn^eA®N CATEGORIES OF LICENSES ACCONNCE MTN ME POLICY PROW140041 Nn p®N N,Nn. LICENSE NUMBER DATE ISSUED DATE EXPIRES Ornamental&Turf-Herbicide AG-L1050769CP0 01/13/2026 12/31/2026 I c 1S115-2015ACORD C0RP0TATION.ANn9Ms reserved Commercial Pesticide Operator ACOPD 25 r1M1SNS) The ACORD rem and logo are'peered marks of ACORD 0 COMPANY ORGANIZATION CHART Randy Mihalko Shawn Tripp Owner,Manager Owner,Manager 503-891-2763 503-332-2568 Office!Shop Glenn Fritts Jay Jones Dan Thompson Account Manager Finance Controller Mechanic 971-406-5392 503-334-0120 503-314-3922 Lisa Estrada Ray Pardo Office Administrator Shop Assistant 503-470-2565 503-560-9945 Maintenance Arbor Enhancement Irrigation Department Department Department Department L Juan Martinez Jose Avila Edgar Vidrio Jeremy Zimmerman Manuel Alfaro Production Manager- Production Manager- Production Manager- Enhancement Portland Metro PGE Account Corvallis Arborist Climber Production Manager 503-943-9670 503-789-5416 541-908-6484 503-896-6468 971-237-0965 Roberto Gerardo German Garcia 1 Arnoldo Tinoco Pedro Polanco Victor Baltazar Jose Medina F Amos Martinez Crew Leader Crew Leader Crew Leader Crew Leader Arbor Crew Leader Crew Leader Irrigation Tech 503-891-1355 503-574-0727 971-772-4255 541-829-8155 971-715-9008 503-559-5927 971-275-6886 Jose Torres Jonathan Hernandez Francisco Ramirez Oscar Romero Delfino Villaraldo Benito Espinoza Crew Leader Crew Leader Crew Leader Crew Leader Crew Leader Irrigation Tech 971-344-6724 971-517-1634 971-228-9633 503-931-5154 503-789-3616 714-707-1681 Jose Zamora Alejandro Perez Antonio Zavala Victor Ramirez Juan Guzman Adrian Zamora Crew Leader Crew Leader Crew Leader Crew Leader Crew Leader Irrigation Tech 503-490-0996 971-804-8584 971-983-9162 541-220-9494 971-218-2764 503-980-8039 Genaro Reyes Victor Daniel Solis Jorge Gonzalez Pablo Vasquez Crew Leader Crew Leader Spray Tech Crew Leader 971-216-2137 503-568-9846 503.984.2330 971-772-8495 Omar Cabrera Reyes Cabellos Crew Leader Crew Leader 971-432-9768 503-545-8173 KEY PERSONNEL FOR CITY OF LO Rand" Mihalko Business Owner customer Service Contact • Randy has been mana ingg landscape businesses for the past 26 years. Before he formed STORM Landscape Services in 2015, Randy was the Portland Branch Manager at LandCare USA for 12 years. Randy has a Bachelors degree in Horticulture / Landscape Firm Management, a Commercial Pesticide Applicators license with the State of Oregon and a Landscape Contractor's License with the State of Oregon. Randy has been mana in the City of Lake Oswego's Multi-Site Landscape contract since June of 2000, previously for LandCare and now for STORM Landscape Services. Juan Martinez .-roauction Manager • Juan has been working in the landscape industry for the past 25 years. He has occupied the role of Production Manager for the past 20 years. In this role he supervises the daily operations, safety, training, and quality control for multiple crews. Juan has a Commercial Pesticide Applicators license with the State of Oregon. He has been involved with the City of Lake Oswego's Multi-Site Landscape contract for over 20 years, previously for LandCare USA and now for STORM Landscape Services. Alex vere2 L,rew eaae • Alex has been working in the landscape industry for the past 24 years. He has occupied the role of Crew Leader for the past 20 years. In this role lie supervises the crew and the service tasks required to ensure the specifications of the contract are met. Alex has a Commercial Pesticide Applicators license with the State of Oregon. He has been involved with the City of Lake Oswego's Multi-Site Landscape contract for 5 years. Jonathan Hernandez Crew Leader • Jonathan has been working in the landscape industry for the past 12 years. He has occupied the role of Crew Leader for the past 5 years. In this role he supervises the crew and the service tasks required to ensure the specifications of the contract are met. Alex has a Commercial Pesticide Applicators license with the State of Oregon. He has been involved with the City of Lake Oswego's Multi-Site Landscape contract for 5 years. KEY PERSONNEL FOR CITY OF LO ..._.. .. . '.rit.. ." V:.r-..--;,,• :" . :, 4.•.... ....eifr„,,,,,: .s.... de:".1„. „,,,,i.......- :Ix, - - I: 7-4,-� • • f' •� � • ' ..`. 7, , �� �ti ;� ' . yr � ^ _ - 1 , it • • •-�� • mo i�, 4. �/!` . , •• ';e .ia ... �� $ T .i - ter .�:. ��• ._--.r .. . 4,011.tt �- • air% 1 1'Z ! —`i Welcome To - �. .'a. . . . OS WEGO - y �= — .,.,r. �._ `ski .,••- i t 1 . 1......... 't .:::4-11111111.1.11164111 •'.2a'..- -•`'"-- .'... . _ _ ,_ . -.':4C.• _ ... • : -TT' - t. .. .....At.. .,„••::. .••• :....:4,..-.....:..•v.: . . . • i I C .� ..),P: :' a,t`t'Yf f'��ivri. ;,, . • .1 •• -�.�� i.• •tom. �. K ..... • tr a fir'• !. I/r "'^'f i� Zvi t v. ` From left to right; Randy, Alex, Jonathan, Juan 0 THE WHOLE CITY OF LO CREW • 1 a' • .`. ..,Y_ - �t1� .a 'S. r' e t t . -%ram - . 1 i� •.'S f ,•�. % - �:jL(• �• . 9.: �y� •�.•off '• • <a� • t• �.: �^ _ `. •'�S .• •.♦ rya v.�') / /� o•:e :r1 •1. M - '4 l.1_-_—Y' ' i _ST .r J , X••',� A�t�.. a- '' - -,.. t;,I, •'-few,. 1 . - • 3?�� �,.c :��_� 'jr'7�Iirip :Or a;. w r. %f,.....a. s-' - '� 1wi�u�/{.. •�urj•, i 4' _ ,-1y 0 • .�. 4 :i <a • - •• � • , '' \\ ,�r Welcome To • a � r } _� z __� - LAKE ih,.. tall. . Slicz 4.4 ' , , i,ill .--• ., \ . -.„. OSWEGO a�.r • lift • •41 -_. - .4114 3)' jit--...1 . . ' ` •( s . • -. r.a-b • PP . .�i..•M.. 4 +j From left to right: Crew 1 (Alex, Luis, Aurelio) Crew 2 (Jonathan, Jeronimo, Adrian), and Juan CREW #2 - TRUCK AND TRAILER I. _ imissiget;...kiir: . ./.714i t,7: i'.::. . ..„*.i4,,,$:' -•...,..4t.P,i0:7.:',.-,-,-;...,.. ...,.....ele",?--;•,7. --r..1-.,:7_."1.-1,::. •".-:;(11.11.11•1•11mma...!...m. ,,. ,,'.• _ ' ii 1 it f' . A.-.4.:.:40,-• --- .....4. —.7,- 4- ••• - - - it . .ts. _,. , .. -,,• , *.mr.,•-• r'. " .W'r's. noik-..--,j-• eZ-• -c . • - . 4r,v,,;. • .• - .--- • ,.-'•.1. ";A ' . -p •,t• 1 . ... . -.• I IA 4.' ;• •••,,t... ....•..• ...-.. , . ...• ..t • ,......., . t ' ' - - •1 .. . jl. '''',.. WI • • -•": .1 1 1* ' . -.....:"'--....",-' . d i • ' S. MIL •• ...,.-. • 44., ,,, ..... .•. .=; . 4 ,.....:- . irp.. 1 '.1,t,... , ....,,, ...•' • - . .... ,:„.. ._- -_ ...... ,,.....r.-c' _ --._,--%"e_ -. '•,,--- --...f. . -11T"- 1 .., tior i .". 'N' . f 24,1 .114, '''' ' . •-- opt-.- ... . . ,,, t_ - - .o, ----_,--;,. - • -...-5-f - -. .2 .'',' am......" '- .••4 . _/ -- • ilk, t,•..-.' ----am., e--- --- • -cv,...., --____ , '.:4• ., .T.... Ar.V. --§11 • -,1%. - ,.. r?iik_ h„---‘,-;;--- . 1 ., _„-,.: _. -,_ _:,...,,-.„ ,-. •..„.• "...v . ii ,. .3.. , , „of . .._ ,,• * .......„,„., .•. ..... . , .: _ ., !`f:',.. k..'''s. ''_ 7,2i• ',..t ,..../" . I i ,-V- --• ., . . ''AAV1. - li r . , . , . .. -,. -.....t., „.. . • _.. 0, _ ', 1 --", -."--'-:-.--7--- ....- •oll • r , ..„._- .• • _ /dr& 141111 - '411111. r --.... '`.. . - eilli .::_. . • ..Ci4;./:'''.. 7.• .\ .- .t .t..7"-Z 1.4relD0 0 , • .* • I C-/ --'-- ..-.. -•:- L+'-`-• ' / . .'I .. .. - _ .. Z. - ) ..1 - _ _, . , . 1 . _ i..,---.• 1-.. ..., - . . . . , TR SOm . . • Nor 2 .. _ .-:' 4----- -t". . LANDSCAPE SERVICES - - • - .'I -•_. _ _- . ,_ STORM • . ,, i' ..- tt ... AAAAA G••, "•• , _ -. . 4 ft . N• .. .-1.7.....,., L ..--.. i 1 1* — _, _ '\ i•-lt" ' . ..,- .4111.1114' 111----- 1111111111111111."'s— , -rel.,-.- -• : • #0 ,& ...... .‘" - z '... , . ...,...• ,L4- • a ,,,. .., -.:1•;',', .:.,7.--'77:".-- .. . . • . .,,•...:,,- ,.. _. .. , . . - _ _ ..._....._ ..._. ,., • • • . . 0 ELECTRIC EQUIPMENT ONLY • We use only electric powered equipment made by Greenworks. This includes all mowers up to 6o" diameter, blowers, and all handheld equipment. b.. PC A . 1 a �� �s .+ r 4 ii I lG / _� +� 4, /JJ1 wflY % Nap G a m mi i a u m v.�r :� øi'l II :i1' i \`�=gip sttlit SIMILAR WORK AND REFERENCES • Portland General Electric - Landscape Maintenance Account • We have been maintaining the landscape at 194 sites owned by PGE which includes substations and operations centers for the past 2 years. They just renewed out contract • Contact: Jamie Newport Landscape Supervisor 971 .284.0465 Jamie.Newport@pgn.com - - - � ,Jar , 111 it; - 114111Siimoiwp 444i, A« .'w 111:441b‘i' 111111116"111 "4"*Z - 11114"1511-111114 17' 31 H Z 0 SIMILAR WORK AND REFERENCES • Providence Hospitals • We manage the landscape for five hospitals for Providence Health Services: • Milwaukie Hospital Willamette Falls Hospital Newberg Hospital • Portland Hospital Saint Vincent Hospital • Contact: Tyler Andersen Director of Facilities 907-942-6075 tyler.andersen@providence.org , . I 77 7 • rr . _Atii,. ,....1 �■ i, • MINI■ ' ,,, f- • - - -,sci:,ty. • I: . .4-, .- , .:. .-•*ar f - _ . _ - . - -5 i --1R�--- R •;'�,Z,,� 'S 'Y.yam r�.` - AO�' - �•, f fir;. 0 SIMILAR WORK AND REFERENCES • The Allison Inn www.theallison.com • Five Diamond wine country resort located in Newberg. We have a 3 man crew here Monday through Friday to provide landscape management services. • Contact: Bill Madison Facility Director 503-580-0187 bill@theallison.com fir.-; 1; mir wimp 'ti ,�. , .� . .� - �'• r .Yy •�T.� ' -'� \II - I C,,;,NN l,i ik;'' ��q:�, i .r '} • "''' III♦� yy..a .i. 9- i r. 1 ter- • I+ �� o '.: .. 744 e -- -• , - „..-, ) '3' a . _ . _ , . oiv 'r... ` ^.♦`0• ...t ti '. - ,�• NSPnFlgbrpok-LRd 0 SIMILAR WORK AND REFERENCES • Mary's Woods www.maryswoods.org • Campus on Hwy 43 in Lake Oswego which includes Senior Living, Retail Shops, and the old Marylhurst Campus. We have a 7 man crew here Monday through Friday to provide landscape management services. • Contact: Kevin Haberman Director of Environmental Services 503-675-2019 khaberman@maryswoods.org e , z viz oaA.p_lplpi,,,. T'.1.'1•••••4.1C0'*.-.,-t 44_::n2....'.t_ ._, I ,,„4,.,.,2.:,.'_.,•,,•", ,,.',...,\,,.\.......„-4,.,!.". „3,..-,. .. _ -0 A .- mary's Woccrs- ti1 a• o1'r--.-.%n i• a \,' -.., Q G g _ ,.. ", .k ,,4-__-.,,,.,.,„-,.. 6. ,,,I A0,i, es dV,,,,. i 7 k�� £n t : „•r h-G - , The Vr I'-ge at\ �,�•44 E'In ormatron Center 1 4 ll .,, ,,,1,, I OM . I. . % i. y:;t• .0, ,., s ) Ai \0-e_, , mavzf, y 1 T' Al. �, ,�.� l �. ��/' - 4x 2050 x 1368 _ R ti -� �� `!"�' 0 SIMILAR WORK AND REFERENCES • City of Lake Oswego • We currently maintain the multi-site landscape beautification sites throughout the City of Lake Oswego. • Contact: Kristine Ashton City Beautification 503-462-2159 kashton@ci.Oswego.or.us em: l;, - 7 3i..- • •-... 4, , , . . , _ .i. lir • ••• .. n 4 0.40 ..?..il,c4404(.. , 74 , - 1 .: • , .. . 4-4.4 "P; . . 1I7' 0.. 4--. .- - .. ,„..„....., A"r -_• !. '11 Sl_` - r 'I t ` _, � �r 1.,,-......,,._ � ! f ....N.iebi,r. i• , 1 h fe ;ty.,n fir. a161K� •. .., ,_k.r,, :.. • .. ,i,_ 1Z1APPROACH TO WORK - MANAGEMENT STRUCTURE • Randy — Owner of the company and ultimate decision maker. Reports directly to Kristine. DOES NOT report to a corporate office or investors like the large firms. Randy will oversee and ensure that the scope of work outlined in the contract is being fulfilled and completed to the expectations. • Direction / Synergy — Randy meets with Juan, Alex and Jonathan every morning to discuss/direct the specific tasks to focus on for that week, discuss/resolve challenges, and promote a synergetic unity between the two city crews. • Manpower — Two crews each with three crew members, six total, dedicated solely to this contract. RANDY OWNER, CUSTOMER SERVICE JUAN PRODUCTION MANAGER CREW#1 CREW tt2 ALEX CREW LEADER JONATHAN CREW LEADER LUIS MEMBER ADRIAN MEMBER AURELIO MEMBER JERONIMO MEMBER 0 APPROACH TO WORK - CUSTOMER SERVICE • Communication — Kristine will contact Randy directly by cell phone call, text, or email. Randy will respond to Kristine the same day acknowledging the contact. If required, Randy will then relay the communication directly to the associated Crew Leader. Crew Leader will respond the same day or at the morning meeting to provide updates and photos. Randy will same day relay the response to Kristine along with supporting photos. • Deficiencies — Will be fixed within 24 hours of notification or realization. Photos will be emailed/texted to Kristine showing proof that the deficiencies have been remedied. • Customer / Contractor Meetings — Recommend monthly meetings between Randy and Kristine either by in person meeting or phone call to review the tasks completed during the previous months and the tasks that are scheduled for the upcoming month. These meetings will ensure that Randy and Kristine are both aligned and the contractual service requirements are being met. 0 APPROACH TO WORK - TASK APPROACH • Two crews, each with 3 crew members. Total of 6 full time field employees dedicated solely to the City of Lake Oswego's contract. Consistent weekly routine service schedule drives quality results. Crew 1 -- Alex/Luis/Aurelio Monday Tuesday Wednesday Thursday 77 City Hall-Lower Lot 10 Rae Pennington 53 Country Club Medians 77 City Hall-Lower Lot 1 Maintenance Building 11 Palisades Reservoir 54 Upland Gardens 25 State St Complex-South 2 Pilkington Complex 12 Stafford Circle 55 Prestwick Place 26 Middlecrest 3 River Run 13 Stafford Path 57 Country Club&Boones Ferry 2740 Wilbur 4 Bryant&Old Gate 14 South Shore Path 58 Kerr Pathway 37 Sunningdale Garden 5 Royce&Bryant 15 Weidman Court 61 Boones Ferry Complex 38 Sunningdale&Andrews 6 Dear Oak 16 South Shore Reservoir 66 Hampton Court 40 Third St Improvements 7 Bryant&Jean 17 Parrish 69 Bangy Road 42 Berwick Triangles 8 Schalit&Jean 19 McVey Ave Complex 70 Meadows Medians 43 Chandler&Iron Mt 9 Lakeview Rd Complex 21 Laurel Path 71 Kruse Oak Hilton 44 Iron Mt&Pine Valley 48 Upper Grove 22 Meadows Drive 74 Waluga Reservoir 45 Fairway&Iron Mt 49 Lake Grove Blvd 23 River Road 65 Melrose Pump Station 46 Well No 2 75 Jean Road 24 Hwy 43 Complex 47 Iron Mt Circle 50 Boca Ratan Bonnie Brae Crew 2 -- Jonathan/Adrian/Jeronimo Monday Tuesday Wednesday Thursday 77 City Hall-Upper Lot 36 Library 64 Touchstone 2 77 City Hall-Upper Lot 68 Kruse Way Entry 33 First Street 63 Touchstone Pump Station 56 Jr High&High School 69 Kruse Way 35 Fourth&C 62 Touchstone Reservoir 52 Pioneer Park 67 Westlake Medians 34 Third&C 60 McNary Reservoir 51 Knaus Reservoir 73 Carmen Complex 32 A Avenue Complex 59 Kerr Reservoir 39 Bayberry&Iron Mt 25 State St Complex-North 76 10th&C 20 McVey Booster Station 31 Trolley Barn 18 Aspen Reservoir 30 Oswego Point Dr 29 Trolley Station 28 Foothills Parking Lot 41 Evergreen Improvement 0 APPROACH TO WORK - SEASONAL WORK • Team Meetings % Y. . T f Monthly — Randy, Juan, Alex and Jonathan sit down for an extended meeting each month to review the seasonal tasks. The previous month will be reviewed by site to ensure all Y ;.'_° V • -- • T n4 the required tasks for that month were completed. Missed tasks will be identified and 0 47 completed within that week. The tasks for the upcoming month will be reviewed for - _ JA 5 •g_low preparation, planning and strategizing. r • Weeks, — Randy, Juan, Alex and Jonathan sit down and meet once per week to '-=—,... review/discuss the progress for each task for each site for that month to ensure nothing is missed. -„ • Leaf Collection • Leaf collection and removal is challenging, especially with electric blowers. During heavy 4 ' leaf drop we pull in additional leaf crews with large dump trucks with tow behind W '' n,. _ vacuums to assist the two crews. t ` -, _ la .. • Kruse Way Median Rose Pruning `' • Twice per year we close the center traffic lanes to prune the roses. Additional crews assist with this 3 day process. 0 APPROACH TO WORK — SAFETY • Hi-Visibility Vests - Each employee is required to wear one at all times. • Truck Strobe Lights - Each truck will be equipped with hi-visibility strobe lights and required to be used. • Traffic Cones - Each truck will be equipped with minimum of 10 each 24" tall with reflective tape • Work Signs - Signs are placed on the side of the street to alert drivers of workers • Arrow Light Board - Will be used IN ADDITION to high reflective work signs when closing lanes ; ,r',N - - • '1- , - ' ..f.,*:- . • .,.....iato - , . . - A if e iiP- - 1 e ,t . .ae; .. . _ • 1 II; vim- li . .. - ii : ,„ % - .4, „. , iv Iry ,: -4. ''V Tit , . .s,, ' —�, WDRKER� _ , eiti _ ! EAD w IIIKI! _ A It'. _ ',SI " \ I -a_ , , % - . • bi,� 130SS -API APPROACH TO WORK - SAFETY rmon roI • Lane closures are also used to 4 keep dangerous traffic away from p° ' vi..ao�ro scas our workers when necessary. 0. ° 25 -....,..„>:. / g O ID .. . ,.....:.. _, , , .....:._ „ ) ,A4 , . 4...,. , , . . .,,,..,.,. _ , , ) , , .-.....:,,,::::... -, , ,,,,,, ------‹: ..,:::,::.:7: -. e ' / \'' "cAtii 44,44,,,,,..., / 9_ / 9 b.,30 / , / , -'/...,.. u.aL M»u•ecw90WOr. Q/ / Legend -�^t calV r. Mid LWOW,M(K3 /(j / V ..'.N'Siqrs../fl COMM rKKn nmy w.. / / T H rw»: so3-a.mto con • zs-caws._.. nammo La»F[wcc[NG .y a Moo Oaks Or DAN PLAN NI0J80-2C ',IN..... *».rrwq THANK YOU FOR REVIEWING OUR PROPOSAL ! , -, iitr:.-ittfrt • ""'",:"<",:. itlii. -7.7'47.,,,A6„. ' ...v.- - '''74'. li. -.,..,....,. .t___ • .- - -. -..- •71:- dr}41- . 4,, •,;„1 or,..'.. j•D,rf...: op. . ' .9 ••._7: d.• .4- •- '. fn. •'• Or4ie--.".0'''' • * •• alps,.4 lit .. . - .•,. 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DEAR OAK Illv T !t U YGP w ° ,lli a wig ■�aii STEPHENSON . ,� - 11 1 Al SOY ¢ s`eJU' Oz ■ STREET • �^.�' <9 ` ■111 ' m Q¢`°� wNAT URRAL ,, PHEASAI TJN ,■ Q ■ ■■■�■ ■, ■. , , 6Q, �e°e ? I ��� ■ y � AREAm "Eli, '� �� GJ�a■�• `����i 1JJ SJ�� '�• �_- 7. BRYANT & JEAN • �� PORTLAND COMMUNITY COLLEGE `� 4NSH S�MT Q a �� • NG DICKINSON LANE ••� -'`- p„''E ■■' -alrir VW a`,q -•�vN w ■ IN ' a\ _ •• ■ MTSYLVANIACAMPUSF o :' LgNE SYLVANIA TERRACE �®_■■ , 11, '9' ROA• 9_- 4.� 8. SCHALIT WAY & JEAN RD,�. � NPr6EN SUMMIT ° JE `�■ 11 ` 1, , n_ ' �P `t'� ■ Z ` 11� `� �.. Ir1 - A9Gr .I "ALLAY CT ... > ` dirimairo,,o,, � ' .°i■■ ' ' -� 0 ■■ ¢ ■ x _ _ ° �_ �� .10, 401pio::,..,irritswan- ` ` 9. LAKEVIEW ROAD COMPLEX ����■■ ■�■■ ���►��� ��� k' � 10- RAE PENNINGTON I 'INES �R� 20W°ODSQP���O ■ ■ . > fIJSTREETSFp �Q � F � rqy �1 .: '•P_ ,,■ r '��•. ■ SFr J„A 6O P� ■ ■ , .�. \� ♦'1',os ' TRYON CREEK STATE NATURAL AREAIII■ ■■■■,■■ / p RS \°°E ■ ■ r■ •♦ ■ � GGRBETT 7 11 . PALISADES RESERVOIR iihr L� ,_,7,,,„ �� ♦ ® ° 12. STAFFORD CIRCLE w w,�GUNTHER1 111111111,2-4111 S�9`s2iGARAyBECKETI I �,M 0 , P �, OPHELIA ST x- LANEF S COURT ■ w z RO9 r G� a 1 yi q \EW ROWOOD.� � • ,J ' c- -a / ❑ O o , KE P O 9,(, ,�z Ilk- ,,,.. ''. . �11■��, Q QI�� ■ uT E■ �_� CERV RR !IL �GCP9ti�p �AG9` �O� ORCHARD ♦� �.: (DCGS ► � II r4/ 13. STAFFORD PATHW STREET ■�-� "gp'.■u`Oi■ ■ BDG3�F ANTES L/tt`O/ �� ❑� ■ "■,.;:p.,.. '/ - �� t�.(,� A MRY •Q� CySOUTHVIEW . ■. /Z ic� A ■ S�; UTHVIEW PC ' FFQ Vp Oof ! ° �••x �� iw, os �pq � p( ° o ' �� ��I•. 1� �1�1 a _ �y 14. SOUTH SHORE PATHWAY 0, FAILING CO �y' u�+ •■,,�,� o■ k �k12Wr o , . '..� > �'` Peter Kerr (A OR HARz2 9'g C O �' NORTHGATE AVE Fy w ParkW .�r �� ��a NOVP G� BDG3 D G19LE 8 A yo j -: •�1 a J 15• WEIDMAN COURT a �F .x■ NT �Q2O MOfie. ,4, NORT _ �•, , • . /((R I G' F Elk R IIIIL Z Z■■.■`80ZI • '■■ ■ RKWPY 4 ESCIRCL6E ,WQ v{ P EAGLE �� m0 J� {� . � . °AO• ■ ..• slant �■i■��■■-■��°ate ■�■ PI z� KRUSE RIDGE (�c. ` Sz SPINOSA ��° . •• �� = v-� +� °°� / 111 1111111iPli:10.71.:11.111LALENG.11EcLA..1111; �: w 14 16. SOUTH SHORE RESERVOIR aIIIIII DRIVE `rS\. m■ t¢- ❑ Q�U �U .I�P1 J� pO - . ik.,4 ' ..,.■■■■ R zECSONPSQ4, O = I , Ix- - ilm....v,O■_�■� �� WFE OyN R� Sm �y ° �� 17. PAR R I S H P P 40 ,°,1,_ qe M°N °(//. GONDOLEA o ' w■ .-� Mil D- EXIT293DOUGLA� SOUTHWOODJEEFERSON PARS(WAYJE FI,aRH R/FF ttg ❑ , _ DRIVE PARK 2 > RIDG60P CT- O /w■Ir,��■ • ••- • z - - 5 m GNV�H\LL '09.p c� Mp a ,R 4I A ■r �� OJT mZ RDF lit 18. ASPEN RESERVOIR .. i m� f N im.,,........i. /�� 7 �OG1T 19. MCVEY AVEN U E COMPLEX ■.■■w .� ,■ ■ ; P ^ O HAMP-DN Cy' l ApU/HAS mP > c~i �Cm ■■■.Z'■ O "9i 6C� N° ¢ WEI ■j■■w■'U,■z■■w■ j O imam ' .T qiillm Oils ❑ _ BAY POINT DPoVE BAY ❑ WSGAT ----��� m O 2 ��� pFtEx• O - GLE TW■a■■<■■�■■Q■■<■ o G RC:URNAVE p• RF Q �� a Q\��.Gpzm PRIVATE) /,. �� WALK-IN TRAIL ° 20. MCVEY BOOSTER STATION z N ARK , _ 011111111111111111. ACCESS-NO PARKING . Q ■ ■■ ■•a■■ ■■ LA MESA w \� w STF• i PRINCETON CT ~ / ` - 20 0 P WAY / I HIGHLANDS _ _ I r .- ?■■ ■■ ■■ ■■ ■ ° ° FIOpTa p°G1111 �, 21 . LAUREL PATH a ¢ PR w O ❑ or� MEADOWS WAYSTATE... 2 _AREA .�, -•$ ■■�■■�■■�■ m w ° m > 0 R U O� / a vl 5o R (HORSE LANE AY _ - III0 L ■ TRYOI F 1111111111111.1 - -- 1.0 we FOREST OGNt'I p W 1111 _ 1111 ' � 22. MEADOWS DRIVE CREEK DRIVE m p ¢ ARVARDCT O HIDE A W• w o 4 w a PARK 3331- S2 O Mo o M7v ° R $ ■■ ■■ ■■ UHT � ° �. ■m■■ 111111 m■■m■■m■ BAY O OBRIERCLIF� HIDE-A-WAY 11111 z g I °¢ Q■B • GALEN w STREET z ■ RLPNE ED�`COLS Nr_ 9/N BLVDOUNJw N0 j�.. •EN IN 23. RIVER ROAD ■.Ill ■, ■ ■■ ■ `O OT 1 a 2 ° /N m <i O'A a L �J E C _ Sili, F E E K m RFMB�ANOS ° nl ZSFct ° pFL /11111111 .. ...... ■■ ■ 4�4' 0 m ROSALIA WAY SUFRE h p p/ GAT p'\P N` I 0Cp LAN PI ONE COURT e� S.W. SOUTHWOOD DRIVE � CANE ' 6�;4 i g \ r -.,� m■■ ` yp�F ° . 24. HIGHWAY 43 COMPLEX 0,,,i.' INLLI 59 I m �-�� 25. STATE STREET COMPLEXwwwGRAND OAKS DRIVE Ill p BR/TTF W ~ w w ■w,,•, G� C' � t 3 N °pURT �U TIMBERLINE o TRYON CREEK \ w ', 0P w ° �� av 5` 11��I f STATE NATURAL AREA Akoiiiiipm.ilat '``i" m.■ ■■Q■ 3.‘4 SOUTHWOOD O ;c 9��.4" HOPKINS L AREA RNE .o ,- OO` < �/ RUN m :c•71. :1•-(I) CAPILANO CT ! 26. MIDDLECREST w R /Np�W a . p ❑ OI` ) •a,P ¢ G'�� O pw me / COUNTRY COMMONS /z a■■ ■■ ■ w w DRLF Q� QOp' SANE AUBURN LANE ��qy 51�\ 4wn VilitAi.. ,.` 27. 40 W I L B U R COUNTRY WOODWAY CT • 7 '1■ ZN■ U SOUTHWOODmC•'� o .•�•-� SUNBROOK DRIVE ¢ h t- tix ° ° ■ zm z ERR F H IH •L �`m::N:■N■ Zj w U° Kq p< ° � W� ° ? _ STTAT°ENNATURAL AREA ,�= w ���EEK 28. FOOTHILLS PARKING LOT O ¢ COMMONS �,K O( TTppUU��HHgg ppNN •■ 3 w PRE-SCHTOOLE - eQ • vi vi omen • ,/ MEADOWCREBJIEADCBREEVCT -i c p. al 'D 0 CT ,o C J• . F ° P� rj$ Q LESLIE °°IANE g CPRR pUMBF p <�~9, W �� 29. TROLLEY STATION : CT ¢ O z DRIVE C A THUNpSTA RHO i 9/- O O _tr/4 SOUTHWOOD PARK w STER 4 CANE F _ I ° w �� CgNF PEBCBTEBEACH C^' bap ( O , m O O � GO G � � Q ■Iyq� z , <DF RFpo a�RP\L o F �C ? �° D CAC S.W. 4 PgMELA a 6w5AY ( N d n �° r P� RAINAMMER r 3 0. O S W E G O POINT D RI I \ zP° �O� , �w w YROPI I ¢ TIPPECANOECTO $RAFVr�F~ :VISTAm `� OG4: 4eHAZEL ttii G rA� : GGA _,SUNCREEKw ao: OAK CREEKFNN 1A E �� O TECH Z I0 r,_, DRIVE ELEMENTARYSCHOOL MULHOLLAND DRIVEaAMHQST CT .oS/(FF h, BUILDING N� m °� u°� 37 NUI�'r�Je a GP� rF31 . TROLLEY BARN MELROSE m EN a 0,4 ¢ Q- ��� STREET .�\G MOUNTAIN Opr POOL a z ROAD � � P.'�ll 11 11 MELROSESTREET BO WHEATHERSTONE 0 p Y WOODM NT °�� Z WESTLAKE p AD��°S gg[❑pµ���(�y Fnk�G2 (T m - PARRKK - - o CI F CMMUNITY i_ j � 32. A AVENUE COMPLEX t °q *64-48E 56 EtC; �' ' O'� ON DRIVE OU FIRE ~ w `fi CIRCLElir MILBURN CT > wp�� �� o`� x ° STATIONwI� m 0 z w AV NUE NTERyG`� z 210w50 wJY`^' �PG ti �WQ4- LAKE OSWEGO 0 _ w G , 33. FIRST STREET TEMPLE WAY O,Q '9yj k a 2 2 ORCHAD w S �I('; HIGH SCHOOL m FOREST HILLS w - /6 �S p �Ra, oEDENBERRY m WESTLAKE PARK o WAY ��� COURT WNHH� S sM I ATWATER °OP ELEMENTARY SCHOOL `� w AFFi, 9,p O z C o a REVq w U c,f \FM`ONT O RF °D C y�-S EA LN P°� O U p DRIVE LROAD 2 2 U F LP c o R w ❑ M� hL� a c m G Ts`° 'pCF t-¢ E a SP JCA' 4QQ- w O ■�. '� : OJ2 ROAD rn _ w a�, , 34. THIRD & 11 C 11 'Fi Q- AM OF OR\J 'Ti) LANE > �O °L�� = p C• F7+ m S E i P`�S �m 6.7 e�°@' 7J = 4i ° 1 ., ��5 7 • RY w ` m 53 y s: RE.N v� G s� . 11 11 ��</' E DR �� WES ,W T m HpS,\\NGSU mm �P - OQ" \Jt� , GGUNj. F ' PNO = AF ° 35. FOURTH & C �/ 7 S STREET Q• o C o AVENUE h = FNUF �• - n OJ F(O O r,51\NG m 0 m 1C"'RUSH LN O / OUNT '1111"/ �,g KGHmAVERV U� N �O. y- Ry • ° o -•\l\1"V ME O �, y0 QF' .„PLAN \ F ROA' _ Sp et 'A KELLY REEK P D PF d RT 'AF MIDDLE SCHOOL C O m - O - 1 G � .c. f���N O F. 56 LAKE OSWEGOO ° ■� o ROA ^ AV Apy/{F ? ZLwNSP COLTS FOOT LANEO\G 9� ¢ CUB = C AANDREWS • Pm �� 1/...imr 36. LIBRARY Y cou A� O (AN < w y NATURAL AREA y AVENUE lL / • 1 #iw - :. ■� 37. SUNNINGDALE GARDEN OR/LF` OE�O� ti m AS w ❑ ❑ 0 m 3II z 1C/�(�.],�/1I ,- Ili w 1 /^J�11�1.`�)�1 A ° y v ° �2 °G Lu ° RY / / ��JAET/,yGSti OPO \ < , gi ��� m z AVEN„C .CAGE GLACIER °ORCHARD DRIVE ROAD > Y`q' 2y Cv, Y J w gQGqRI �2" �- / 38- SUNNINGDALE & ANDREWSC /�///�/) COVENTRY T 9.z ° w u ° a 53 1G�RDENANeOUNTRY ��` 2 likft744A w - '" -AU .V / w i- O K7 j 'ivET m m O LANE 7 WINTHROP v CaFCp m w aa O'C1`ELL TOG \LgFFF _� S\�R®K w CLUB ROAD C w ,- AVENUE -'' w clill O �' o p O SNO BRUSH CT.F,) cPFEIFER COURT O C'•yT Q� P� QPG�i 54,0 ° COUNTRY CLUB ROAD to- Lu rw / TRYON PARK �- -z WB a mm s m AVENUE vi K w w RIVERVILL. W ■ 39. BAYBERRY & IRON MT _ cI m Sr�lu•' n GREENBpa� ARC/F� Luc' z O`c J� moo° SPRINGBROOK PARK Q �O`�, m oOG AVENUE -I O - a - w .- - W ' COVE PARK ' -�-_W WASTEWATER w '....y A _ y ,F' O ° (�1�(�I•/.Ip�t��(� % b CT � ? � �_ _ 40. THIRD STREET IMPROVEMENTS 2m COURT O 'P/ ¢ A I�/ U L m � F 7cT w c F35e . TREATMENTRTNEY AVEN„ 41 EVERGREEN IMPROVEMENTS * _• Ww DRIVE UPLANDS q v Q' PLANT dir qv: PARKVIEW �.t 0 w m G - I'OSSMAN I AVEN„ r��p k, o ELEMENTARY 4 ° 0I l y � ! � 1 z 6f- Rq/ 24 w SCHOOL BUILDING 3 a 3 <GS 'ARK 2 (51CPRMPN O aje O WSO O z U OmB tO 'Z �° (�' a WwEGANWAYCT AVENUE r 42. BERWICK TRIANGLE TOUC.'- z Dy 3 OSWEGO LAKE ?a EN 09 1 ❑ �� (57 2 �' 43. CHANDLER & IRON MT L.O.INDOOR n R/(,F COUNTRY CLUB o m 2 Ir w TENNIS CENTERGARDEN o'I I�jI( eGI/ _ B (. Q„ , - oJF' , " GTR\VE40t F1 U t�E + IZranlii y .1 6�gA �� LIS O 32 2 MAIN-, AVENUE E. LLS ¢ I - ° 2w ROPD FIRES , _ FpOjN a�° ° w 44. IR NMTBLVD PINE VALLEY �,,,. - O &rL_ = i.1 QSPRINGBROOK Neia STATION �� / 1 re q0 LL °.� Q o: ppLP OC 1 CHANDLER ROAD r 214 J w PARK �yO��i, G� ¢ ¢ DRIVE ° °P° SORSST D y=�� ''W\ '2 AVENUE _ I o FOOTHILLS �z-1-JI `� 45. FAIRWAY & IRON MT , oP H7I ,ON� 1 U2 0 72 E vE RIFF 2 f PARK 1 d I Gr 2DE \ O TWIN FIR ROAD GRES OR RESDRNE Lp�y OF THE Olit : - . °pTy/GCS 46 WELL NO. 2 CD P LAKE CHURCH/SCHOOL _ T F 9 �� alh1 II �I�LL JRIDGED ,44w PARK PARKr mkRWEMOLEK O. J �O� RW\GK ROgp • EVERGREENMEADOWS ° dROADROA: Y (/SF PP\RWPY0E 1wha _ ` AEw7111-1- ° 25 / °P ��30J _■ CLE 6 97() W Z 40i 7. MEADOWS a 2 w 7OI Too O� ❑ KRUS FI[ RIDGE L a I ROAD \-,/ f ROAD _ CEWICK CREST DRIVE 1'09 OSWEGO O(FR ROA, 42 BERWICKRpAD W� _� G'Q� ROEHR FRA Y u 48. UPPER DRIVE �/// A( �� , CTN FIR 1 O COUNTRY CLUB CIS y w w�ERGREEN - 1 O O� I� m o , EL w i PARK > // O -QG L O 6' O . U K 7 �ry nT AOF Q�� - m e P p IRON TROON Ro AVENUE y ft. d �� R- I 21� p N�FOOTHICCSDGDR\O1, IJIIM49. LAKEGROVEBLVD . I I m �� 9�• GALEWOOD STREET GALEWOOD pS C MOUNTAIN ONQ. �O vl\G G COURT ,� 2- mv: t- Fz o p sT ° ROP eE ° MILLENNIUMwDRIVE4YeG ERQ .Re sva cs olP �G PO ARK P RWICK O `O M,_ °e�7 3\ Rog m uxEuswEco a,��G LANE yG(Fs �p cF° ° . - PoaTeL�o ° 0ER K a / PARK 50. BOCA RATAN/BONNIEBRA E 69O °2BROOKPPR� \SGAFAG 02DES F46y C9ND$WeS�RN Rq�ROVN�P\N PINEEyWESTWARD HO ROAOPKEESBAY GOVRj 40 � 2-,_.,,, 8 I 1. 0o QQ05 ,m / CT T WEMBLEY �P° Fs Aa BOUCEVARD J///g' vA FOR EKE 25-LAE�F AMPHITHEATER 151 KNAUS RD RESERVOIR IMMMII BONITA III Fe' I ��J`tS�+ S.�REET D A GVF'� ROAD ,pQ-� DRIVE Lily °O \RpN y< PORTLAND 8 WESTERN RAILROAD OIN1Eti; AMPHITHEATER S.BROWN BOAT RA E OAK I I �f �_ '■ , �- I/ n of PL9K,N�fON °JLE S\'�G\ Bay NORTH45 CABANA LANE CPBAN{P WATER SPORTS G 52. PIONEER PARK G O 0 Q V � V 4 CABANA LANE `' - , \ - = EDGEMONT ROAD �W L S SHORE `- A'O Q Z �ay �r CENTER -I� � _"._ .•p ' \ ' 4, PAkK 4 eqy �, •� I ...- �E N O DEVONSHIRE 1 O� ?° 11111 Rr'Y i' z' J m HERITA Cq p F ROAD ° I 77A 5 3. COUNTRY CLUB MEDIANS f m o a� rc ROEHR �-111.11111 ■ . o W I I I I I I I r T SZ HARVEY WAY �� OY r �' o: -�- ■ ���■ �L RD �OJ'`PARK g� <9TF co-°P LAG •R. -E. JPQ- Z a 0 pR/FF q0 E�Tn - 1 HOR x z °a G _p 2 S'10/t m �s P�y w ooa = 2 5 Nt tea.■■� 54. UPLAND GARDENS '..,,,,,,,,;,,,,,,,,,, •eGFORD LANE x A w C z w FLO I ° - `� �s� IRON BETH L w •,,,� O /Z R K 0 ° S UW a \ T • geri 5 O ( TRAILHEAD MOUNTAIN o� RYAN PyO cwRO9 `/� -'a = PARTRI• E ' r PARK NATURE R ov �a. t ,' -_ ■ ■■ �� 55. PRESTWICK PLACE I�■ ■ � '■L__ALMA TERRAC�w �: . 1r _ NE AS A EAST COLLINSVygy RESERVE E 9 S HARD ST ■ 0 ■ .M.. \\' E O� COLLIM&AY � �' WoR O ~ _ * > m ••■' GPF �,Ny PARKHILL STREET WALUGl� PP < oLEOPARK D YtiF JANTZEN REET 5¢ ° OR\�E ° RED LAKE OSWEGO , O CE°HARD c11.1 OP ' STR ISLANDQ- PO �- CEDAR WAy CIRCLE BRpHUNT CLUB �° "'EL'VGT - 11, ■■ m J 56. 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HI TRACTOR ❑ ROAD LDSop. 2 LLCR / - EST OPEN SPAC- I I n n ii � CHI ' ROAD UNNY SLOPE O �oo I�000 I��oo L�000 L��ooDOPEN SPACEII1l � ■ BASS LA ritaiL ■ Feet -� �III ' CANAL \4r NE r0 • iiiha /1 -- -�� �. _I,_-, w CANAL O� m "',rlin hillill VALLEY . - ' ° ACRES ACRES ° W �yJ 'O VIEW /A Document Path:P:\GIS Projects\Maintenance\Contract_Sites_Dec_2025\Contract_Sites_Dec_2025.mxtl 1/14/2026 w NATURAL zJ ,gz OWOODWILDER- �� ■ -�-, _ -� ��� G AREARALAREA ❑ O' o z , � mu _„ ■•iV■■�_�n,-_ �■, -��1.� ‘_n'■� �1 1 7.4 o�� os� COUNCIL REPORT V —w 0 O -EGO � Subject: Approval of City Council Meeting Minutes Meeting Date: June 2, 2026 Staff Member: Laural Hawkins, City Recorder Report Date: May 27, 2026 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution , ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Approve minutes as written. Recommended Language for Motion: Move to approve minutes as written. Project/ Issue Relates To: NA Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ATTACHMENTS 1. March 31, 2026 draft regular meeting minutes 2. April 7, 2026 draft regular meeting minutes 3. April 21, 2026 draft regular meeting minutes Respect. Excellence. Trust. Servic 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 � E Fo JtL CITY COUNCIL REGULAR MEETING n MINUTES March 31, 2026 OREGO' 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 3:00 p.m. on Tuesday, March 31, 2026. The meeting was held in-person in the Council Chamber at City Hall 380 A Avenue. 2. ROLL CALL Present: Mayor Buck; Councilors Corrigan, Mboup, Rapf, Verdick, Wendland Excused: Councilor Afghan Staff Present: City Manager Pro Tem Lynn Peterson, City Attorney Erica Tatoian, City Recorder Laural Hawkins, ADA Program Manager Kelli Byrd, Public Works Director Erica Rooney, Community Development Director Jessica Numanoglu, Management and Program Analyst Teo Ramirez, Deputy City Manager Madison Thesing, Parks and Recreation Director Jeff Munro, Park Analyst/Project Manager Kyra Haggart 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. PRESENTATIONS 4.1 Councilor Rapf Farewell Mayor Buck led a farewell presentation for Councilor Rapf, describing Councilor Rapf as an effective and persuasive leader who remained true to his values and ethical compass rather than political popularity. He highlighted Councilor Rapf's work with the International Fugitive Task Force and his connection to local families through Lakeridge Middle School, and credited Councilor Rapf for speaking out against the not in my backyard (NIMBY) mentality. In tribute to Councilor Rapf, he also shared two acronyms learned at the National League of Cities, STP for the Same Ten People and CAVE for Citizens Against Virtually Everything. Councilor Rapf expressed gratitude for the opportunity to serve, emphasizing that Councilors should look beyond the vocal minority to consider the silent majority who may be hesitant to engage in government. Councilor Mboup praised Councilor Rapf's blunt honesty and their shared love of football, noting that while they often sat on opposite sides of the political aisle,they remained close friends. Councilors Wendland,Verdick, and Corrigan each offered remarks thanking Councilor Rapf for his principled City Council Regular Meeting Minutes Page 1 of 6 March 31, 2026 leadership and commitment to the City. Mayor Buck also presented a Distinguished Service Award to Administrative Assistant Kim Ono, noting Ms. Ono was a tremendous ambassador who built public trust, and coordinated numerous student field trips to City Hall and other departments to ensure young residents felt valued and connected to the City. 4.2 Proclamation—Arbor Month Mayor Buck proclaimed April 2026 as Arbor Month, noting that Lake Oswego has been recognized as a Tree City USA for 37 years. He encouraged residents to participate in upcoming workshops organized by the City's Planning and Parks Departments,the Sustainability Advisory Board, and the Friends of Tryon Creek. 5. PUBLIC COMMENT • Elliott Dale, Down Syndrome Network Oregon (DSNO), invited the community to the 25th Anniversary Buddy Walk on September 20, 2026, at Millennium Plaza Park and announced that Chris Nikic,the first person with Down syndrome to complete an Ironman triathlon, would be the keynote speaker. • Stephanie Hallock, President, Friends of Luscher Farm, expressed disappointment regarding the funding plan for the Willamette River Greenway Trail. She asked that Council reserve the remaining$500,000 in Metro Local Share dollars specifically for upgrades to the Luscher Farm driveway and parking lot, rather than redirecting those funds to other park projects. 6. CONSENT AGENDA 6.1 Resolution 2026-15, Declaring a Vacancy on the City Council 6.2 Approval of Facility Use Agreement Renewal for BOOKtique at City Hall 6.3 Adoption of the 2026 City Council Preferred Future,Goals,and Initiatives Councilor Rapf moved to adopt the Consent Agenda.Councilor Corrigan seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Corrigan, Mboup, Rapf, Verdick, and Wendland voting'aye', (6-0). 7. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 8. COUNCIL BUSINESS 8.1 2025 ADA Progress Report Americans with Disabilities Act(ADA) Program Manager Byrd presented the City's ADA Self- Evaluation and Transition Plan project annual update, highlighting the construction of over 9,000 feet of ADA- compliant sidewalks and 62 curb ramps. She detailed departmental accomplishments, including 60 hybrid Library programs and the arrival of an ADA-accessible bookmobile, accessible improvements at the Lake Oswego Recreation and Aquatics Center(LORAC) and Rassekh Park,the integration of Text-to- City Council Regular Meeting Minutes Page 2 of 6 March 31, 2026 911, and the issuance of 292 parking enforcement actions. Councilor Corrigan expressed appreciation for the pathway crossing Upper Drive and Lake Grove and inquired about the budget for the ADA improvements. City Engineer Rooney clarified that while the City sets aside $750,000 annually for ADA ramps,the total spend often reaches$1.5 million when incorporated into larger paving projects. Mayor Buck confirmed with Staff that the City's most common inquiries are about ADA parking on private property where the City does not have jurisdiction. He also asked for information on website accessibility for the new City website.Americans with Disabilities Act(ADA) Program Manager Byrd explained the City had until 2027 to implement the newest website accessibility standards and the focus would be on ensuring PDF documents could be read by screen readers. Councilors and Staff discussed public outreach related to the importance of keeping new sidewalks clear of garbage carts and mailboxes to prevent blocking pedestrian access. Councilor Wendland confirmed with Staff that the City identified 2,280 ramps that needed ADA improvements and that all of the pedestrian improvements made over the last three or four years have been ADA compliant. 8.2 Resolution 26-09, Economic Development Council Subcommittee Community Development Director Numanoglu introduced Megan Braunsten as the new Redevelopment and Economic Development Program Manager and presented the Staff report on the Resolution to form an ad hoc subcommittee of the Economic Development Council that would assist Staff with finalizing the draft amendments to the 2022 Economic Development Plan. Councilor Wendland moved to adopt Resolution 26-09. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Corrigan, Mboup, Rapf, Verdick,and Wendland voting'aye', (6-0). 8.3 Resolution 26-19, Community Grants Awards and Recommendations Management and Program Analyst Ramirez presented the Staff report on the Municipal Grant Awardees for Fiscal Year 2025-26 Spring funding recommendations and program updates, requesting that the Council approve the Spring FY 2025-26 grant award recommendations totaling$20,456 and provide direction on targeted program updates following the first year of implementation. Recommended awards included: • Kiwanis Club: $5,000 for basic needs. • Friends of the Library: $2,340 for a Lake Oswego Reads speaker. • Transitional Shelter Ministry: $1,558 for apartment repairs. • Reborn Bikes: $1,558 for bicycles, safety gear, and bike education. • DSNO: $10,000 for the Buddy Walk. • Recommended program updates included a staggered annual cycle opening City Council grants in the spring and social service grants in the fall,tightening application and accountability requirements, and a closed sponsorship pathway for mature initiatives that have reached the three- year grant limit. Mayor Buck asked for clarification on the application timeline. Deputy City Manager Thesing explained City Council Regular Meeting Minutes Page 3 of 6 March 31, 2026 that the rolling application model was an experiment designed to allow community initiatives to emerge organically throughout the year. However, in practice,the model proved cumbersome and time- intensive because most organizations still applied around specific deadlines that did not necessarily align with the City's fiscal year, requiring the Subcommittee to hold back funds in anticipation of future requests. Management and Program Analyst Ramirez added that the recommended staggered application cycle would provide clearer administrative separation and place award decisions closer to the start of each funding cycle. Mayor Buck inquired about the City fee waiver approval process. Deputy City Manager Thesing responded that departments historically exercised independent authority to waive fees, which often resulted in fragmented support across multiple departments.The proposed sponsorship pathway for graduating initiatives would consolidate all City support, including cash awards,fee waivers, and marketing assistance, into a single agreement for Council approval. Mayor Buck observed that some community organizations essentially run public events on behalf of the City and expressed concern that these groups frequently receive large bills for park usage despite providing a public benefit. He advocated for establishing clear criteria to distinguish these favors to the City from private facility uses, such as weddings. Management and Program Analyst Ramirez clarified that Staff is currently developing a cohesive approach to ensure the grant process aligns with a broader citywide sponsorship policy. Councilor Corrigan emphasized the importance of keeping the process accessible for organic community groups rather than professional people who are more experienced in grant-seeking. He also expressed concern that the current application timeline might prevent groups from spending funds during certain months of the year. Community events occur year-round and internal accounting or reporting deadlines should not dictate when organizations are permitted to spend grant funds. He described the current model as the tail wagging the dog and urged the City to adopt a mindset that accommodates a full 12- month spending cycle. Deputy City Manager Thesing acknowledged that existing model was strictly tied to the fiscal year and agreed that Staff would work with the Finance Department to explore more dynamic solutions, such as a biennial cycle, to better serve the community. City Manager Pro Tem Peterson confirmed the Council's direction, calling for a simplified, once-a-year application process, emphasizing that the new process should allow for year-round spending without mid-year endpoints, ensuring that the City's fiscal requirements do not create unnecessary barriers for applicants. Mayor Buck clarified that while Staff would return with these programmatic refinements, the immediate resolution was to approve the$20,456 in awards for the current spring cycle. Councilor Verdick moved to adopt Resolution 26-19.Councilor Corrigan seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Corrigan, Mboup, Rapf, Verdick,and Wendland voting'aye', (6-0). 8.4 Willamette River Greenway Trail Funding Plan Park Analyst/Project Manager Haggart presented the Staff report on the Willamette River Greenway Trail Funding Plan, project timeline, community engagement, and next steps, proposing$1.76 million to complete the final 870-foot gap in the Willamette River Greenway Trail. The plan utilizes $1.14 million in City Council Regular Meeting Minutes Page 4 of 6 March 31, 2026 Metro Local Share dollars, requiring a reallocation of$500,000 originally intended for Luscher Farm due to the Luscher Farm improvements being deferred pending a complex land use process with Clackamas County. Mayor Buck noted that because the City had condemned several private properties to secure the necessary easements, it was imperative to move forward with construction rather than allowing the land to sit idle. He inquired about the status of the $2 million in Metro Local Share funds and whether any other projects had already utilized a portion of that allocation. Park Analyst Program Manager Haggart clarified that the Greenway Trail is the first project to reach the intergovernmental agreement (IGA) stage with Metro. She also identified the Luscher Farm driveway and the West Waluga neighborhood connector trail as the other two projects currently included in the funding bucket. In response to Mayor Buck's question regarding potential deadlines for the remaining funds, Park Analyst Program Manager Haggart explained that while Metro has not set a hard deadline, they established a goal for all jurisdictions to sign their first IGA by June 2026 to facilitate the expenditure of bond dollars. She stated that the City intends to move forward as quickly as possible to ensure the remaining funds are secured for future projects. Mayor Buck emphasized the importance of preserving the remaining$500,000 for Luscher Farm as planned and requested that Staff coordinate a completion ceremony. Councilor Mboup expressed support for Luscher Farm and noted that having team members with deep experience working with Metro would be an asset during the IGA process. Councilor Verdick thanked Staff for their creativity in filling the funding gap, noting that former City Manager Doug Schmidtz had originally worked on the property acquisitions and was eager to see the project finally completed. Councilor Wendland discussed the complexities of local government coordination, acknowledging the frustration of neighborhood groups regarding long project timelines. He maintained that the City must successfully incorporate Luscher Farm into city boundaries to gain more effective operational control. Budget trade-offs are a reality of municipal management, and the need for additional funding was an example of why some projects on the list, like the Lake Oswego Recreation and Aquatics Center(LORAC) remain unfinished. He also commended Staff for completing the trail this year, highlighting that the path provides a critical safety connection for pedestrians and cyclists traveling toward West Linn and Oregon City. Councilor Wendland moved to approve the funding plan for the Willamette River Greenway Trail Project. Councilor Verdick seconded the motion.A voice vote was held,and the motion passed,with Mayor Buck and Councilors Corrigan, Mboup, Rapf,Verdick,and Wendland voting'aye', (6-0). 9. INFORMATION FROM COUNCIL Mayor Buck and Councilor Mboup shared highlights from the National League of Cities conference in Washington, D.C., noting the impressive performance of the student Youth Council delegation. 10. REPORTS OF OFFICERS City Manager Pro Tern Peterson thanked the Mayor and Council for a productive first two and a half City Council Regular Meeting Minutes Page 5 of 6 March 31, 2026 weeks in her new role and expressed gratitude for the service of Councilor Rapf and the dedication of Administrative Assistant Kim Ono, noting that while Ms. Ono is irreplaceable,the City will begin the process of finding a successor to maintain that high level of public service. She also commended Deputy City Manager Thesing and Management& Program Analyst Ramirez for their work in refining the community grants process to better serve both the Council and community partners. She reported requesting additional details on risk management from Staff to guide Council as the Willamette River Greenway project moves forward. She noted plans to tour Luscher Farm with Stephanie Hallock to receive a full update on the site's status.Addressing safety concerns in the McVey Stafford corridor,the City has three planned Capital Improvement Plan (CIP) projects for the area, starting with an enhanced crosswalk at the Lakewood crossing. She recommended that these projects be coordinated and presented to the community as a single corridor improvement to effectively address access management and increase safety, noting that the current project timelines are appropriate, so Council should maintain the established schedule. EXECUTIVE SESSION City Attorney Tatoian read the statutory basis for the Executive Session. Mayor Buck adjourned the broadcast portion of the meeting at 4:32 p.m. and the Executive Session was convened under ORS 192.660(2)(h)to consult with an attorney regarding legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, and (f) consider records that are exempt by law from public inspection. The City Council moved into the Council Workroom to convene the Executive Session. The Executive Session was held from 4:47 to 6:50 p.m. 11. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 6:50 p.m. Respectfully submitted, Laural Hawkins, City Recorder Approved by the City Council on June 2, 2026. Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 6 of 6 March 31, 2026 ATTACHMENT 2 � E Fo JtL CITY COUNCIL REGULAR MEETING n MINUTES April 7,2026 OREGO� 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 5:33 p.m. on Tuesday,April 7, 2026.The meeting was held in-person in the Council Chamber at City Hall 380 A Avenue. 2. ROLL CALL Present: Mayor Buck; Councilors Afghan, Corrigan, Mboup,Verdick, Wendland Staff Present: City Manager Pro Tem Lynn Peterson, City Attorney Erica Tatoian, City Recorder Laural Hawkins, Acting City Manager Megan Phelan, Deputy City Manager Madison Thesing, LOPD Chief George Burke, LOPD Captain Clayton Simon Others Present: Grant O'Connell and John Serra,TriMet 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. PRESENTATIONS 4.1 Proclamation—Arab American Heritage Month Mayor Buck proclaimed April 2026 as Arab American Heritage Month, celebrating the contributions of Arab Americans to the community and country. He acknowledged Councilor Afghan as the first Arab American to serve on the Lake Oswego City Council, noting that such leadership reflects the importance of diverse representation. The Council proceeded to Item 5. Public Comments at this time. 4.2 Presentation—TriMet Regional Update This presentation was given immediately following Item 5. Public Comments. John Serra, Local Government Affairs Manager,TriMet, and Grant O'Connell, Manager of Service Planning and Development,TriMet, presented an update via PowerPoint on the agency's budget and proposed service reductions, reporting that TriMet faces a minimum $300 million budget deficit by 2028 due to declining fair revenue, inflation, and high office vacancy rates in downtown Portland.To balance the budget,TriMet plans to cut$93 million in administration and reduce service by 10%,totaling$159 million, by July 1, 2028. Details of the proposed network changes for Lake Oswego were presented. Development of the network changes integrated a technical evaluation rubric with feedback from over 4,800 community respondents to identify efficiency-oriented strategies that maximize budget savings City Council Regular Meeting Minutes Page 1 of 7 April 7, 2026 while minimizing harm to ridership. Key changes proposed included: • Combining Line 37 and Line 96 to create a one-seat ride from the Tualatin Park and Ride through Lake Grove to downtown Portland, utilizing the Boones Ferry streetscape improvements. • Line 38:Truncating the Multnomah County portion and merging the remainder with Line 97 to connect Barbur Transit Center to employment centers in Tualatin and Sherwood. • Eliminating Line 153, which serves McVey and Stafford, due to low ridership, averaging only two rides per hour, and a high subsidy cost of$76 per ride. • The proposed network changes built upon the Forward Together project, which utilized a clean slate approach to redesign the regional transit map.This strategy aimed to move away from the old paradigm of a five-day-a-week commute to downtown Portland, instead reorienting service toward cross-town trips and warehousing or distribution centers where in-person work remains prevalent. As part of the development process,TriMet conducted a required Title VI impact analysis to identify potential disproportionate burdens on low-income or minority populations.This analysis concluded that the total proposal did not result in any disparate impacts to the affected communities. Mr. O'Connell responded to Mayor Buck's inquiry regarding frequency of the combined lines, stating the new Line 96 would offer five trips per peak period compared to the three trips currently offered by Line 37. Mayor Buck expressed concern about the impact on people who depended on TriMet's service. Mr. Serra confirmed that TriMet was working directly with riders and noted that other ride services were available in the area. Councilor Mboup inquired about the specific annual dollar amount of payroll tax collected from Lake Oswego businesses compared to the actual cost of transit services provided to the City. When businesses pay into the system,they expect a corresponding level of service,yet Lake Oswego remains very poorly served,which represents a fundamental lack of fairness.While the State must serve marginalized areas, Lake Oswego should not be neglected, particularly given its aging population's need for transit and the City's goal to become a Green city by reducing car dependency. He suggested the City might be better served by reclaiming a portion of those tax funds to operate its own internal shuttle system. Mr.Serra committed to researching the specific payroll tax figures for the City but clarified that the value of the system includes access to the entire regional network, not just the minutes a bus spends within Lake Oswego city limits. Mr. O'Connell added that extremely high subsidies, such as the $76 per ride cost for Line 153, are difficult to justify against the opportunity cost of serving areas with higher ridership and more significant needs. Mayor Buck observed a growing mismatch between the entities paying for the system and how the system is actually used in a decentralized, post-pandemic environment. He characterized transit as a public good that is currently paid for via a narrow, work-based business tax,which creates constant political and systemic conflict, and expressed a willingness to support a broader-based funding model to move away from the commute-based tax system that no longer reflects reality. Mr. Serra responded that TriMet is currently working with a State task force and a coalition of partners to identify more sustainable and equitable funding opportunities for the 2027 legislative session. Councilor Afghan confirmed that none of the frequent service lines would be eliminated and asked how the elimination of other lines would impact equity for service workers and those living in accessory City Council Regular Meeting Minutes Page 2 of 7 April 7, 2026 dwelling units (ADUs). Mr. Serra responded that TriMet's focus was on harming the fewest number of people regardless of location. Mr. O'Connell confirmed for Councilor Afghan that TriMet had considered land use boundaries,job centers, and population centers, explaining that TriMet's Forward Together plan utilized a clean slate approach to reorient the map toward new travel paradigms, but the agency is now forced to work toward lower budget targets because pre-pandemic ridership levels cannot be recaptured. Councilor Wendland questioned whether changing existing routes was the best way to serve the metro area. He suggested TriMet explore new ideas, such as shorter buses or private-sector coach models like those used by Google or Facebook in San Francisco, to attract new riders and revenue. Mr. Serra stated TriMet was exploring opportunities and innovations with a wide lens. Additionally, a regional transit market research study was done to identify service gaps. Mayor Buck commented that regional transit needs have been changing for some time and agreed that the transit system needed real structural changes. The Council proceeded to Item 6. Consent Calendar at this time. 5. PUBLIC COMMENT This item was addressed immediately following Item 4.1 Proclamation—Arab American Heritage Month • Chris Durkee and Carrie Love provided an update on the South Shore Fire Station Bond Measure 36-35, and reported that the voter pamphlet features a record-breaking 118 individual names in favor of the project and no opposing arguments. Outreach efforts, including mailers and student art contests, are focusing on response reliability and firefighter safety as the May election approaches. The Council returned to Item 4.2 Presentation—TriMet Regional Update at this time. 6. CONSENT AGENDA This item was addressed immediately following Item 4.2 Presentation—TriMet Regional Update. 6.1 Resolution 26-17,Approving an IGA with Clackamas County for Police Overtime Reimbursement for Regional Retail Theft Missions 6.2 Approval of Meeting Minutes • February 3, 2026 Draft Regular Meeting Minutes • February 6, 2026 Draft Special Meeting Minutes • February 17, 2026 Draft Regular Meeting Minutes • February 21, 2026 Draft Goal Setting Retreat Minutes • March 3, 2026 Draft Regular Meeting Minutes • March 10, 2026 Draft Special Meeting Minutes Councilor Corrigan moved to adopt the Consent Agenda. Councilor Afghan seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan, City Council Regular Meeting Minutes Page 3 of 7 April 7, 2026 Mboup,Verdick, and Wendland voting'aye', (6-0). 7. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 8. COUNCIL BUSINESS 8.1 Council Goal Work Plans Megan Phelan,Acting City Manager, presented work plans for the 22 initiatives adopted under the 2026 Council goals, noting that 14 of the initiatives are carried over from the previous year. Mayor Buck highlighted the initiative to explore partnerships for affordable housing subsidies for children.Acting City Manager Phelan confirmed that Staff plans to reassess the situation by holding a follow-up meeting with stakeholders from the County,School District, and local housing providers. Councilor Corrigan moved to approve the work plans for the 2026 City Council goals and initiatives. Councilor Wendland seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan,Corrigan, Mboup,Verdick, and Wendland voting'aye', (6-0). Acting City Manager Phelan stated Staff would provide quarterly updates on completion of the initiatives. 8.2 2025 LOPD Annual Report Police Chief George Burke and Captain Clayton Simon presented the state of the Lake Oswego Police Department(LOPD)via PowerPoint, expressing pride in the organization and noting that community survey results reflected high satisfaction with police services. Regarding the Department's organizational strength, LOCOM,the regional communications center, is now fully staffed and trained to provide 24- hour service. However,the sworn police Department currently manages two vacant positions and three additional leaves of absence, which necessitated the temporary withdrawal of specialty units, including School Resource Officers (SROs) and the Transit Police partnership, to ensure adequate coverage in patrol districts. Recruitment efforts focused on hiring lateral officers through incentives in the collective bargaining agreement, and four candidates were currently in the hiring process to address anticipated vacancies from retirements.A review of 2025 operational data reported an 11%decrease in Part 1 crimes and an 18% decrease in burglaries, while Part 2 crimes, including thefts and frauds, increased by 15%. Stolen vehicles decreased by 23%, and officers saw a 223% increase in stolen vehicle recoveries. Additionally,the first full year of the Department's drone program utilized nine pilots and four operational drones for 41 deployments, resulting in the location of 14 suspects. Regarding traffic safety, there was a 3.7% increase in cited violations. Staff also outlined the "Three E" philosophy of Education, Enforcement, and Engineering.This approach included neighborhood safety presentations, high-visibility enforcement grants for distracted or impaired driving and sharing crash data with traffic engineers to identify infrastructure hot spots.The Oregon Criminal Justice Commission (CJC) evaluated over 6,600 LOPD traffic stops and found no statistical disparities in the decision to stop, search, or the final disposition. Use of force, force, or the display of force occurred in less than one quarter of one percent of all police incidents, a 6.5%decrease from the previous year. Injuries are rare and typically consist of superficial scrapes or bruises, with the most significant 2025 injury involving a K9 bite to a suspect who attempted to ram police vehicles in a stolen car. On behavioral health,the Department's specialist and City Council Regular Meeting Minutes Page 4 of 7 April 7, 2026 case manager saw an 88% increase in responses alongside Staff and an 82% increase in independent responses. Lastly,there were zero fatal overdoses in the city in 2025,though non-fatal overdoses increased by 92%. Police Chief Burke and Captain Simon addressed Councilor questions as follows: • Traffic enforcement numbers would not have decreased over the last few years if the Department had two full-time traffic officers on Staff. • The Council supports the Department by making positive comments,which are forwarded to officers. • Failures to renew vehicle registrations are addressed with Fix It [1:35:57] tickets, and there were higher numbers this year simply due to increased enforcement. • The threshold for reporting use of force injuries is low because the State defines physical injury as substantial pain and protracted disfigurement.The likelihood of an injury increases when someone needs to be taken into custody quickly,there are more people at the site of an incident, and as officers get older. • While traffic stop data is anonymous, officers capture zip codes in the CAD system,which helps identify passthrough traffic trends for the communications team. However, more data might be available from CJC. • While the numbers were good overall,there was still plenty of activity in Lake Oswego for the Department to retain Staff. Partnerships and taskforces give officers exposure to a variety of work, helping to educate,train, and provide opportunities for officers to rotate positions. Additionally,the officers are committed to working in a community with so much to offer. • Most self-initiated activity related to traffic stops is conducted by the traffic unit and traffic stops are much easier on a bike.Additionally, bikes are significantly more effective at speed enforcement than patrol cars because they can easily remain visible in varied terrain. However, a lot of the patrol cars now have moving radars. • The Department was working with the School District to eliminate e-bikes at the schools where e- bikes are prohibited by age, with a focus on education rather than citations, as well as participating in a legislative workgroup to guide State policies,which are currently overly complicated. Local ordinances could address some of the e-bike issues. • All behavioral health issues are reported even if the behavioral health unit is not present and officers are trained to recognize when behavioral health components are the underlying causes of an offense. Councilor Verdick encouraged the Department to prioritize traffic enforcement and education, as residents commonly complain about a lack of adequate traffic enforcement. Councilor Afghan advocated for a full-time behavioral health specialist that is not shared with other jurisdictions when there are enough cases to justify the position. He also expressed pride in the Department and commented on the officers' professionalism. Councilor Mboup commented on the lack of complaints about the Department and the community's desire for increased traffic enforcement. He also supported additional mental health specialists. Councilor Wendland suggested tracking the traffic violations of residents and visitors separately to better inform educational campaigns. Additionally, he was glad to see that hard drugs were trending down and were no longer an issue. City Council Regular Meeting Minutes Page 5 of 7 April 7, 2026 Mayor Buck emphasized the importance of neighborhood enforcement to support safe pathways and school routes, noting that data on arterial versus residential citations would be helpful for future policy discussions. He also expressed concern about the impact of e-bike law enforcement on teen driving records and spoke about the challenges created by a lack of State funding for educating the public and enforcing e-bike laws. 8.3 2026 City Council Vacancy—Application and Selection Process Madison Thesing, Deputy City Manager, outlined the process to fill the vacancy created by Councilor Rapf's resignation and proposed three core evaluation criteria: related leadership experience,the ability to prioritize a twice-monthly commitment plus special sessions, and productive team collaboration. The proposed timeline includes opening applications for two weeks, conducting interviews on May 5, and swearing in the new Councilor by June 2. She confirmed the application duration was a choice made to expedite the process and was not legally mandated. Councilor Afghan suggested the criteria include the requirement for the Councilor to serve as a liaison on other boards and commissions. Councilor Wendland suggested the City prioritize transparency by inviting a specific number of top- ranked candidates for interviews rather than leaving the short-list recommendation solely to the Mayor. Deputy City Manager Thesing responded that if the City only received a handful of applications,the Council could interview all of the candidates. Staff wanted to avoid sharing the names of all applicants and their rankings. She agreed to refine the process but noted each interview would take about 40 minutes. Deputy City Manager Thesing confirmed the position would be advertised on Friday. 9. INFORMATION FROM COUNCIL Councilor Afghan clarified that he is Iranian American, not Arab American, as stated during the Arab American Heritage Month proclamation. Councilor Mboup remarked on the recent Artemis mission, noting that the unprecedented and beautiful images of the moon provided a welcome reprieve from negative world news, stating that witnessing America's progress in science and exploration helped alleviate his anxiety regarding global conflicts and political hostility. He stated society should focus its energy on scientific advancement rather than fighting wars, expressing his firm opposition to war in favor of a more optimistic and exploratory future. 10. REPORTS OF OFFICERS Lynn Peterson, City Manager Pro Tern, invited the Council to a wildfire presentation on May 7 and noted an upcoming partial evacuation drill at an assisted living facility. 11. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 7:44 p.m. City Council Regular Meeting Minutes Page 6 of 7 April 7, 2026 Respectfully submitted, Laural Hawkins, City Recorder Approved by the City Council on June 2, 2026. Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 7 of 7 April 7, 2026 ATTACHMENT 3 � E Fo JtL CITY COUNCIL REGULAR MEETING n MINUTES April 21,2026 OREGO� 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 3:02 p.m. on Tuesday,April 21, 2026.The meeting was held in-person in the Council Chamber at City Hall 380 A Avenue. 2. ROLL CALL Present: Mayor Buck; Councilors Afghan, Corrigan, Mboup,Verdick, Wendland Staff Present: City Manager Pro Tem Lynn Peterson; City Recorder Laural Hawkins; LOFD Fire Chief Don Johnson; LOFD Prevention and Education Paramedic Nate Sigler; and Long Range Planning Manager Erik Olson Others Present: Judith Hathaway and KarenAlice Jones, Lake Oswego Meals on Wheels;Jason Graf, First Forty Feet 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. PRESENTATIONS 4.1 Proclamation—Public Service Recognition Week Mayor Buck proclaimed the first week of May 2026 as Public Service Recognition Week, acknowledging the dedication of City employees in maintaining the community's quality of life. 4.2 Presentation—Meals on Wheels KarenAlice Jones and Judy Hathaway, Co-Chairs, Lake Oswego Meals on Wheels, presented a check to the City for$19,867 to cover the program's current deficit and reported that the program served over 25,000 meals in the past 12 months, noting that while food and personnel costs have risen from $2.69 per meal in 2025 to $4.29 in 2026, revenues from the Older Americans Act have decreased. Mayor Buck thanked Meals on Wheels for providing a critical lifeline to homebound residents and maintaining the community gathering space at the Adult Community Center. 5. PUBLIC COMMENT City Council Regular Meeting Minutes Page 1 of 6 April 21, 2026 • Ryan Roberts,Schwabe Williamson &Wyatt, representing Public Storage, addressed the Foothills District Plan (Item 6.2), stated that if the City modifies the Public Storage access between Avenues D and E, it would be considered a taking potentially valued at tens of millions of dollars due to the facility's high profitability. He requested a collaborative approach with City planners, noting they had been excluded from previous engagement efforts. • Lisa Adatto, Co-founder, Lake Oswego Sustainability Network(LOSN), supported the draft Foothills vision and guiding principles. She invited Councilors to a clean energy presentation at the Lake Oswego Recreation and Aquatics Center(LORAC) on June 8, featuring experts from the Oregon Department of Energy to discuss making Foothills a clean energy district. 6. STUDY SESSION 6.1 Senior Facilities Prevention and Education Paramedic Grant Update LOFD Fire Chief Johnson and Senior Facilities Prevention and Education Paramedic Sigler presented an update on the two-year State grant pilot project aimed at enhancing safety and preparedness within senior care facilities.The program originated from discussions regarding high call volumes at these facilities. While other jurisdictions enacted bed taxes or ordinances, Lake Oswego chose to focus on Staff training and call reduction.The Fire Department responds to approximately 5,000 calls annually, with 25%of the 3,600 emergency medical services(EMS) calls originating directly from the City's senior care facilities. Lake Oswego was one of only four agencies in Oregon to receive the grant funding, which aligns with City Council goals to increase preparedness for seniors and people with disabilities. • Details were provided about the program's first-year focus on building foundations, relationships, and systems across the City's seven licensed care facilities.The initiative involved direct outreach, site visits, and hands-on training in areas such as lift assists, CPR, and fire response.To support these efforts,the Department purchased and distributed Samson straps,the same lifting devices used by fire crews,to each facility to standardize lift assist procedures, lift assist calls at licensed facilities decreased from six to ten per month to an average of one per month following the implementation of the training and tools.The program's impact was also evident during a fire at Greenidge Estates on February 23, 2026. By the time Westlake Fire Station 210 arrived, Staff had successfully evacuated all residents and marked every interior door with a large X, allowing fire crews to focus solely on mitigating the hazard. Without the evacuation drill performed at the facility three months prior, the incident could have resulted in a less desirable outcome.The Department conducted an after-action review with facility staff to address gaps in accountability and communication. • The next phase of the program was outlined, including advanced scenario-based training, data tracking, and a full-scale evacuation exercise scheduled for May 7 at The Stafford, involving Police, Fire, and the Emergency Operations Center(EOC). Additionally,the 911 utilization report would serve as a report card for each facility to help them track patient counts,transport rates, and specific call types, such as falls. • The program is moving toward a community risk reduction model that integrates with wildland- urban interface safety efforts and expands outreach to vulnerable residents in private homes and independent living. Staff expressed a commitment to exploring sustainable funding to maintain the proactive model rather than returning to a reactive response. LOFD Staff responded to Councilor questions as follows: • The two-year grant started January 1, 2025 and all program data must be submitted by the end of 2026. Upon termination of the grant,the Department would return to the reactive model. Low City Council Regular Meeting Minutes Page 2 of 6 April 21, 2026 acuity calls are expected to increase and preparedness at the facilities is expected to decrease. • The grant was a result of litigation between the Oregon Healthcare Association (OHA) and the City of McMinnville regarding facility fines and forfeitures. • The rules governing facilities are vague and it is easy for facilities to rely on emergency services. Therefore, Staff has been working towards standardizing the facilities' emergency plans. Additionally,facilities have high staff turnover rates, which requires constant training of new hires. • The grant funding totaled $288,000.To continue the program without additional grant funding, the Department would need a fully loaded and benefited firefighter at the same level as Senior Facilities Prevention and Education Paramedic Sigler, which would cost about$190,000 a year. Equipment would also need to be purchased. • The grant program is limited to licensed assisted living, memory care, and skilled nursing facilities. However, beyond that, the Department proposed to partner with the Fire Marshall's Office to offer community outreach events. Additionally, LOFD Staff planned to participate in an upcoming health fair and an emergency preparedness fair. • The grant program has resulted in 100 fewer calls per year and reduced wear and tear on fire engines, as well as patients experiencing fewer trips to the hospital and less occurrences of being returned to a hospital after being released. OHA is helping the grant recipients quantify how much the program has saved each participating City. • Outside of the grant, unlicensed low-income residential facilities like Hollyfield Village and Oakridge could be included in an expanded version of the program. Councilors expressed support for the program and committed to find funding to continue and expand the program after the grant expires. Mayor Buck suggested developing an advocacy agenda at the State level to ensure private corporations are not subsidized for basic care while the City focuses resources on vulnerable residents in non-licensed housing. 6.2 Foothills District Plan Update (PP25-0005):Vision and Guiding Principles Long Range Planning Manager Olson and Jason Graph, First Forty Feet, presented via PowerPoint the overarching vision and guiding principles for the Foothills District Plan Update, noting that while the Foothills neighborhood encompasses approximately 120 acres,the developable area is roughly 16 acres. Future conversations would need to address the realistic scale of development and the actual tax increment generated from a potential urban renewal district given these size limitations.The project's progress was reviewed, as well as the public engagement conducted since January, including an interactive story map website with 50 responses, a February open house at the Adult Community Center, and visioning exercises with the Community Advisory Committee (CAC),technical advisory committee, and youth groups.The schedule was outlined with the project now transitioning from the Opportunities and Challenges Phase into the Development of Initial Concepts in May, with a Draft Framework Plan anticipated in the fall and a final plan for consideration in January 2027. • Development of the draft vision and six guiding principles built upon the 2012 Plan while reflecting the current community context. Core values heard during engagement included maintaining a public-facing waterfront, establishing the next great residential neighborhood between downtown and the river, and ensuring development feels distinctly Lake Oswego in its shape and density.The community's non-negotiables included permanent public access to the riverfront and Foothills Park, high-quality design, and central community benefit.The desired identity for the district is a blend of nature and urban life that balances activity with calm.This identity included reclaiming the tree City Council Regular Meeting Minutes Page 3 of 6 April 21, 2026 canopy, providing multimodal options beyond auto-centric travel, and avoiding over- commercialization with national chains. Several trade-offs were inherent in the Plan, such as balancing growth with congestion concerns and weighing economic vitality against the need for housing affordability.The draft vision statement characterizes the district as the City's greatest opportunity for a significant riverfront presence that knits together downtown,Tryon Creek, Old Town, and the Willamette River.The statement describes a welcoming, inclusive neighborhood with diverse housing options rooted in sustainability and long-term adaptability.The project team would seek CAC approval of the vision statement on May 12, 2026. Councilors provided feedback on the vision statement via the Mentimeter mobile application about clarifying the definition of multimodal access, protecting the aesthetic from the top of the hill looking down at Foothills, use of the term "neighborhood" which implied exclusive residential use, and ensuring pedestrian access between downtown and Foothills. Mayor Buck also noted that in order to bring people into the district, it must be complementary and additive to downtown rather than a duplication that dilutes existing commercial activity. However, he recognized that the river provided an opportunity for an active recreational component with retail that supports the recreation, which is unique to the district. Councilor Wendland identified the need to balance the public's desire for more recreation with the Council's goal to add more housing in the district, and suggested the Plan define what type of housing Council was prioritizing. Mr. Graph continued the presentation, reviewing the six guiding principles, which were built from the 2012 Plan but address today's conditions.The principles were designed to shape the future design, policies, and regulations of the 120-acre district, balancing economic development with quality of life. Principles included creating a walkable mixed-use waterfront, balancing development with the environment, connecting downtown to the waterfront, supporting an inclusive and economically vital community, integrating sustainability and climate resilience, and planning for adaptability over time. During the presentation, Councilors provided feedback on the six guiding principles, indicating that the economic and commercial areas in the district should be unique and complementary to downtown;the phrase regarding small town character could be too constricting and should be more general; that more should be added regarding the aesthetics and sustainability of the district; and a need to draw pedestrians to the water from downtown. Mr.Graph explained that the grand connection linear amenity connecting downtown to the waterfront would be essential for creating development value by visually and physically linking downtown to the water. Councilor Verdick advised against allowing the neighborhood in the middle to block people from coming all the way through the district. She agreed the area should feel unique and not like every other area. Councilors also discussed the need for a certain amount of density in order to fund infrastructure and provide the desired amenities. The principles should clarify that small town was not referring to small cottages, nor was it referring to 15 story buildings, but should give people a realistic idea of how much density to expect. Councilors expressed concern about the sustainability principles giving the impression that Lake Oswego was too expensive to invest in. Mayor Buck suggested the principles specifically call out how the development relates to downtown and that similar principles be combined. Councilor Wendland believed the mixed-used waterfront should be defined more directly and the principle on an economically vital community sounded more like a vision statement. He suggested the addition of City Council Regular Meeting Minutes Page 4 of 6 April 21, 2026 residential housing be included in the principles because Lake Oswego needs a mix of housing types. Funding sources, including possible Urban Renewal funding, was also discussed briefly. Mr. Graph confirmed the next step was to look at access points, internal street network, and development area scenarios in June, which would inform future planning phases and decisions around density and funding opportunities, and he explained how each phase of the planning would get more detailed as the project progressed. Long Range Planning Manager Olson stated that conceptual alternatives would be presented in May, schematics would be presented in July, and a draft framework plan would be presented in the fall.The presentations would also be given to the CAC and Planning Commission. 7. INFORMATION FROM COUNCIL Councilor Corrigan reported that the City's water plant is prepared for a potential super El Nino summer, as its ozonation system protects against blue-green algae. Councilor Verdick reported on upcoming Library activities and events. Councilor Mboup reported on Parks and Recreation Staff's work on the Tree Code and a youth leadership event where he learned about the success of Harmony Academy. He also encouraged attendance at the Lake Run on May 2. Councilor Wendland reported on the Lake Grove Wine Walk in May. Mayor Buck reported on the Metro Regional Transportation Plan (RTP), his work on the new Supportive Housing Services (SHS) oversight committee, and the Metro Policy Advisory Committee's (MPAC) land bank project. 8. REPORTS OF OFFICERS Lynn Peterson, City Manager Pro Tern, reported on multiple active water leaks and structural warping at the Library, noting that Staff relocated the second-floor reference desk and computers to maintain service. She committed to bringing a decision-making framework and timeline for Library site selection to the Council in May. 9. EXECUTIVE SESSION City Attorney Tatoian read the statutory basis for the Executive Session. Mayor Buck adjourned the broadcast portion of the meeting at 5:25 p.m. and the Executive Session was convened under ORS 192.660(2)(h)to consult with an attorney regarding legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, and (f)to consider records that are exempt by law from public inspection. The City Council moved into the Council Workroom to convene the Executive Session. The Executive Session was held from 5:34 to 6:18 p.m. City Council Regular Meeting Minutes Page 5 of 6 April 21, 2026 10. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 6:18 p.m. Respectfully submitted, Laural Hawkins, City Recorder Approved by the City Council on June 2, 2026. Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 6 of 6 April 21, 2026 9.1 E 0 COUNCIL REPORT V -~ 0 OREGO� Subject: Resolution 26-21; Approving a Special Procurement for Administration of City Public Arts Programs; Approving an Agreement with the Arts Council of Lake Oswego Meeting Date: June 2, 2026 Staff Member: Megan Phelan, Assistant City Manager Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑X Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Adopt Resolution 26-21. Recommended Language for Motion: Move to adopt Resolution 26-21 approving a Special Procurement and the Agreement with the Arts Council of Lake Oswego Project/ Issue Relates To: ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL To consider a new agreement between the City and the Arts Council of Lake Oswego (ACLO) to provide administration of the City Public Art Program including maintenance and conservation of the City art collection, acquisition of new art on behalf of the City, deaccessioning of City art, administration of the City's Percent for Art Program, administration of the Gallery Without Walls Exhibit, administration of the Public Art Committee, and other activities related to the promotion and preservation of the arts in Lake Oswego. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 BACKGROUND The ACLO has been under contract with the City since 1999. The benefit of contracting these programs and services to the ACLO is they have the expertise and ability to provide them more efficiently and effectively to the community. DISCUSSION The Gallery Without Walls, People's Choice Award, and the Annual invitational or juried exhibition programs are the cornerstone to Lake Oswego's art culture. Maintenance and conservation of the City's art collection is a necessity, and the ACLO has the expertise, experience, and resources necessary to ensure the quality of the collection for future generations. The proposed new agreement is for three years and provides for an increase from $225,078 annually to $271,830 annually in the first year of the agreement, effective July 1, 2026, and provides 3% increase each additional year of the agreement. Other changes include: • Incorporation of the Public Art guidelines that was approved by City Council in July 2024. • Clarification that any expense for maintenance or conservation in excess of$2,000 per piece per year shall be approved by the City and will be separately invoiced by the ACLO and paid by the City. • Inclusion of a reference to the ACLO biennial work plan that includes items or programs in addition to the services generally provided and will be approved by City Council. • Better clarification of the services provided to ACLO, including networked access to dedicated internet service, access to Laserfische, and marketing and promotion of ACLO events that are specific to the services and activities under the agreement. • Moving from a seven-year contract to a three-year contract to better align with the City's budget process, ACLO's budget process, the Public Art Master Plan workplan and subsequent bi-annual work plan, and the ACLO strategic plan. During the study session at the May 20 City Council meeting a question was asked about how the annual 3% increase over the seven-year period of the current ACLO contract compared to inflation over the same time frame. The current contract with ACLO was effective July 1, 2019. The consumer price index between 2019 and 2026 averaged 3.8% (highest was 7.4% in 2022, and lowest was 1.5% in 2021) and therefore was higher than the 3% increase provided annually to the ACLO. ALTERNATIVES City Council could consider directing staff to negotiate different terms of the agreement, choose not to increase the amount of the annual contract, or terminate the contract with ACLO. Staff believes all these options would significantly impact the ability of the City to provide the same level and quality of services and programs. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 FISCAL IMPACT The proposed new agreement is for three years and is $271,830 annually in the first year of the agreement, effective July 1, 2026, and provides 3% increase each additional year of the agreement. The funding for the program comes from the Tourism Fund. RECOMMENDATION Approve Resolution 26-21. ATTACHMENTS 1. Resolution 26-21, with Exhibit A-Agreement for Administration of City Public Arts Programs 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 RESOLUTION 26-21 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL,ACTING AS THE LAKE OSWEGO PUBLIC CONTRACT REVIEW BOARD PURSUANT TO ORS 279A.060, MAKING FINDINGS AND APPROVING A SPECIAL PROCUREMENT FOR ADMINISTRATION OF CITY PUBLIC ARTS PROGRAMS AND APPROVING AN AGREEMENT WITH THE ARTS COUNCIL OF LAKE OSWEGO WHEREAS, Lake Oswego Public Contract Rules ("LOPCR") 47-0277(4) generally requires a competitive solicitation process for contracts for personal services if the contract price is expected to exceed $100,000; and WHEREAS, OAR 137-047-0285 and ORS 2796.085 allow the City Council, acting as the Lake Oswego Public Contract Review Board, to award a special procurement of a personal services contract without a competitive solicitation process in cases where the contract award will: 1. Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and 2. Is reasonably expected to result in substantial cost savings to the City or to the public; or otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with competitive solicitation requirements. WHEREAS, it has been proposed that the City enter into an agreement with the Arts Council of Lake Oswego, for the administration of the City's public arts programs for fiscal years 2026-27 through 2028- 29 (the "Agreement"). WHEREAS, certain activities called for under the Agreement could be considered "personal services" that would generally be subject to the competitive solicitation process outlined in LOPCR 47-0277(4) unless a special procurement is awarded; and WHEREAS, on June 2, 2026, a duly noticed public hearing was held before the Lake Oswego City Council, acting as the Lake Oswego Public Contract Review Board, to provide interested persons the opportunity to appear and comment on the proposal to approve the Agreement as a special procurement; and WHEREAS,the Lake Oswego City Council has fully considered the testimony and other evidence produced at the public hearing; and THE LAKE OSWEGO CITY COUNCIL,ACTING AS THE LAKE OSWEGO PUBLIC CONTRACT REVIEW BOARD, HEREBY ADOPTS THE FOLLOWING FINDINGS: 1. In 1992, the City established the Lake Oswego Arts Commission to provide recommendations to the City Council related to public art and to administer the City's newly created Percent for Art Program. In addition to that program, the Commission developed and administered other arts programs such as the Visual Chronicle, the Gallery Without Walls outdoor art exhibit and the Playwright Competition. 2. Despite the Commission's many achievements, attempts at raising funds for public art through private contributions were less successful. Noting the reluctance of potential donors to make contributions to government entities, the City encouraged the formation of a private non-profit organization that would be in a better position to solicit private donations in addition to administering the public arts programs.This resulted in the establishment of the Lake Oswego Foundation of the Arts,which currently operates as the Arts Council of Lake Oswego (the "Arts Council"). 3. Since its formation in 1999,the Arts Council has, through agreements with the City, successfully administered the City's public arts programs in addition to engaging in fundraising activities. The Agreement for administration of these programs is in need of renewal. 4. Members of the Arts Council have been instrumental in developing and operating the City's current arts programs. No other private nonprofit arts organization in Lake Oswego is similar to the Arts Council in terms of the membership, community relationships, experience and history of developing and operating public art programs in the City.The Lake Oswego Public Contract Review Board finds that, at this time, it is in the public interest to have the City's public arts programs continue to be administered by an organization with these characteristics and qualities. 5. For these reasons, approving a special procurement to renew the Agreement with the Arts Council will substantially promote the public interest in a manner that could not be practically realized by following a competitive solicitation process. 6. Approving this Agreement as a special procurement will be unlikely to encourage favoritism in the awarding of public contracts, or to substantially diminish competition for public contracts, as this is a unique Agreement for which only one private non-profit organization in Lake Oswego has the qualifications, experience and membership to meet the City's current objectives. BASED UPON THE PROCEEDING FINDINGS OF FACT, IT IS HEREBY RESOLVED THAT: 1. A special procurement of the Agreement for Administration of City Public Arts Programs, in substantially the form attached as Exhibit A, is approved pursuant to OAR 137-047-0285 and ORS 2796.085. 2. The Mayor is authorized to execute the Agreement for Administration of City Public Arts Programs, with the Arts Council of Lake Oswego, in substantially the form as attached as Exhibit A. 3. This resolution shall be effective immediately upon its adoption by the City Council. Adopted at the regular meeting of the City Council of Lake Oswego on this 2nd day of June, 2026. AYES: NOES: ABSTAIN: EXCUSED: Joe Buck, Mayor ATTEST: Laural Hawkins, City Recorder APPROVED AS TO FORM: Erica Tatoian, City Attorney EXHIBIT A AGREEMENT FOR ADMINISTRATION OF CITY PUBLIC ARTS PROGRAMS THIS AGREEMENT is entered into between the CITY OF LAKE OSWEGO, an Oregon municipal corporation, ("the City"), and ARTS COUNCIL OF LAKE OSWEGO, an Oregon nonprofit corporation, ("Arts Council"). RECITALS WHEREAS the City maintains a public art collection, administers a program whereby 1.5 percent of the cost of certain public capital projects is dedicated to the acquisition of art, has established an outdoor art exhibit known as the "Gallery Without Walls" and engages in other activities related to promotion and preservation of the arts in Lake Oswego; and WHEREAS the City Council has determined that the Arts Council is capable of implementing the City's arts programs consistent with the requirements of the Public Art Guidelines, and in a manner that is in the best interests of the residents of the City of Lake Oswego. AGREEMENT 1. Administration of Arts Programs. For the duration of this Agreement, the Arts Council shall be responsible for the administration and implementation of the City's arts programs as provided in this Agreement. 2. Compliance with Public Art Guidelines. In performing its duties under this Agreement, the Arts Council shall at all times comply with all requirements of the City's Public Arts Guidelines, as they now exist, or as they may be later amended by the Lake Oswego City Council. A copy of the Public Arts Guidelines, in their current form, is attached as Exhibit A, and is incorporated in this Agreement by this reference. 3. Public Art Committee. The Arts Council shall establish and oversee a Public Art Committee in accordance with the provisions of Section 3 of the Public Art Guidelines. The Public Art Committee shall consist of seven (7) members and shall be a committee of the Arts Council, not of the City. The functions of the Public Art Committee shall be as provided in the Public Art Guidelines. Although the Public Art Committee shall be a committee of the Arts Council,all meetings of the Public Art Committee shall comply with the requirements for meetings of a "governing body of a public body" under the Oregon Public Meetings Law (ORS 192.610 et. seq.), and committee members shall refrain from actions constituting conflicts of interest, as provided in the Public Art Guidelines. 4. Services to be Performed. The Arts Council shall perform the following services, in accordance with the requirements of the Public Arts Guidelines: a. Maintenance and conservation of the City's Public Art Collection, including cataloguing, periodic review, maintenance, placement and storage, and updates of the Arts Council website and links to the City's website. Any expense for maintenance or conservation in excess of $2000 per piece per year shall be approved by the City in advance and will separately invoiced by the Arts Council and paid by the City. Page 1—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A b. Administration and hosting of an annual invitational or juried exhibition for artists in the City of Lake Oswego. c. Acquisition of art on behalf of the City, upon prior approval by the City, and, except for any acquisitions to be made using the compensation provided under paragraph 6 (e.g. the People's Choice Award acquisition), subject to availability of City funds; d. Deaccessioning of art; e. Acceptance of public art donations and memorials; f. Management of loans of works from the Public Art Collection; g. Administration of the City's Percent for Art Program under Chapter 18 of the Lake Oswego Code.; h. Administration of the City's Gallery Without Walls Exhibit, including the public voting process, selection and purchase of a "people's choice" work from the Exhibit when such purchase is approved by the City Council in the biennial ACLO work plan; Participate in a community celebration to introduce the new Gallery Without Walls on- loan sculptures, and announce the People's Choice award winner if appropriate; and j. Additional public art services. In addition to the foregoing services and the specific projects required under paragraph 5 of this Agreement, the City shall endeavor, in its discretion, to provide the Arts Council opportunities to administer other City-sponsored activities that may occur relating to the promotion and preservation of public art such as public art exhibits,invitationals,artist events and educational seminars/events. The City's objective is for the Arts Council to be the primary administrator of public art activities within the City. When the City offers such an additional opportunity to the Arts Council, the offer shall be in writing and shall clearly describe the scope and cost of the activity. Nothing in this subparagraph shall be construed to preclude the City from continuing to offer cultural arts programming and events, or to require that the administration of such additional programming and events be offered to the Arts Council. 5. Additional Specific Projects. In addition to the activities under the services generally described in paragraph 4 above, the Arts Council shall develop and submit a proposed ACLO biennial work plan to the City Council for approval. Upon approval by the City Council,the Arts Council shall implement and successfully complete the specific projects identified in the approved work plan, which shall be reflected in an amended Exhibit B. 6. Compensation. Subject to appropriation of funds, the City agrees to pay, and the Arts Council agrees to accept,as full payment for the Arts Council's services under this Agreement,a sum not to exceed Two Hundred Seventy One Thousand Eight Hundred and Thirty Dollars ($271,830.00)for the services and related costs for the first year of the agreement with annual increases equal to 3% in any one year for an additional two (2) years to a maximum of$840,200.00. The amount for each fiscal year shall be paid in two (2) equal installments, subject to the City's timely receipt of itemized invoices submitted by the Arts Page 2—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A Council. Payments shall be made within ten (10) days following receipt from the Arts Council of the itemized invoice for the invoiced period. 7. Reporting. The Arts Council shall provide regular financial and program reports to the City according to the following schedule: a. Submit to the City by December 31 of each year for the prior July through June: • Arts Council Balance Sheet • Arts Council Profit and Loss by Class • ACLO will provide the City with backup documentation upon request unless considered privileged and/or confidential. • Most recent Form 990 • Narrative description of services performed for the City for the year. 8. Services Provided by the City. For the duration of this Agreement, the City shall provide the Arts Council with the following, which shall be used by the Arts Council exclusively for activities under this Agreement and activities of direct benefit to the arts in the City of Lake Oswego: a. Storage and Office Space. Storage for the City art collection, office space, and networked access to dedicated internet service/Wi-Fi. b. Museum Space. Museum space when available at the sole discretion of the City. c. Computer Support. Reasonable assistance from the City's Information Technology Department for general troubleshooting relating to the services provided under 8.a, above. City to provide access and licensing for Laserfiche for purposes of retaining documentation of City assets relevant to the collection. d. Site Preparation / Placement / Installation Assistance. Coordination and logistic assistance shall be provided upon request and subject to availability. e. Marketing and Promotion of Events. Reasonable print services and space to market events and activities within City-owned publications and digital platforms (including, but not limited to,the City print newsletter(HelloLO),website,digital newsletters,and official social media channels) related to activities and/or programs under this Agreement, such as Gallery Without Walls brochure, celebrations, and advertisements in City-owned publications and digital platforms, postcards for exhibitions displayed at City buildings, Public Art Committee recruitment in City-owned publications and digital platforms, advertising for 1 1/2 %for art projects, and recruiting for volunteers to assist with docent tours of City art and Gallery Without Walls and conservation work on City art. To ensure effective coordination and adherence to production deadlines,all marketing requests and planning for these activities shall be provided to the City with advance notice.Submissions must meet the City's established production deadlines and brand standards to be considered for inclusion.The City retains final editorial control to ensure all content aligns with City goals and communication priorities. Marketing and promotion of Arts Council related events and activities, such as exhibitions and Art Mart, are considered separate from this Agreement. Page 3—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A f. City Liaison. The City shall provide a staff liaison to facilitate communication between the City and the Arts Council. 9. Duration of Agreement. This Agreement shall be effective as of July 1, 2026, and shall remain in effect until June 30, 2029, unless terminated earlier as provided herein. 10. Termination of Agreement. 10.1 Termination by Mutual Consent. This Agreement may be terminated at any time by mutual written consent of the parties. 10.2. Termination upon Notice. Either party may, at its sole discretion, terminate this Agreement upon 180 days written notice to the other Party. 10.3 City's Right to Terminate for Cause. The City may terminate this Agreement, in whole or in part, immediately upon notice to the Arts Council, or at such later date as the City may establish in such notice, upon the occurrence of any of the following events: a. The City fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the Arts Council's services; b. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the services under this Agreement are prohibited or the City is prohibited from paying for such services from the planned funding source; c. The Arts Council no longer has non-profit status, is no longer qualified to receive deductible contributions under Section 501(c)(3)of the Internal Revenue Code or no longer holds any license or certificate that is required to perform the services under this Agreement; or d. The Arts Council commits any material breach or default of any covenant, warranty, obligation under this Agreement, fails to perform the services and other obligations under this Agreement within the time specified herein or any extension thereof, or so fails to pursue those services and obligations as to endanger the Arts Council's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 5 business days after delivery of written notice by the City, or such longer period as the City may specify in such written notice. 10.4 Arts Council's Right to Terminate for Cause. The Arts Council may terminate this Agreement upon 30 days' written notice to the City if City fails to pay the Arts Council pursuant to the terms of this Agreement and City fails to cure within 30 business days after receipt of such notice from the Arts Council,or such longer period of cure as the Arts Council may specify in such notice. 10.5 Remedies. a. In the event of termination pursuant to Sections 10.2, 10.3(a), 10.3(b), or 10.4, the Arts Council's sole remedy shall be a claim for the sum designated for Page 4—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A accomplishing the services multiplied by the percentage of services completed and accepted by the City, less previous amounts paid and any claim(s) that City has against the Arts Council. If previous amounts paid to the Arts Council exceed the amount due to the Arts Council under this subsection, the Arts Council shall pay any excess to the City upon demand. b. In the event of termination pursuant to Sections 10.3(c) or 10.3(d) the City shall have any remedy available to it in law or equity. If it is determined for any reason that the Arts Council was not in default under sections 10.3(c) or 10.3(d), the rights and obligations of the parties shall be the same as if the Agreement was terminated pursuant to section 10.2. 10.6. Arts Council's Tender Upon Termination. Upon receiving a written notice of termination of this Contract, the Arts Council shall immediately cease all activities under this Agreement, unless the City expressly directs otherwise in such written notice of termination. Upon termination of this Agreement,the Arts Council shall deliver to the City all documents, information,works-in-progress and other property that are the subject of this Agreement. Upon the City's request, the Arts Council shall surrender to anyone the City designates all documents, objects or other tangible things needed to complete the projects, services and activities that are the subject of this Agreement. 11. Insurance. The Arts Council shall obtain prior to the commencement of the Agreement, and shall maintain in full force and effect for the term of this Agreement, at the Arts Council's expense, a comprehensive general liability policy providing coverage for the Arts Council's activities under this Agreement. If the insurance policy is issued on a "claims made" basis,then the Arts Council shall continue to obtain and maintain coverage for not less than three (3) years following the completion of the Agreement. The policy shall be issued by a company authorized to do business in the State of Oregon, protecting the Arts Council or anyone directly or indirectly employed by the Arts Council against liability for the loss or damage of personal and bodily injury, contractual liability,death and property damage,and any other losses or damages above mentioned with limits not less than (a)$2,000,000 per occurrence and $3,000,000 in the aggregate; or (b) the limit of public liability contained in ORS 30.260 to 30.300 for any policy, whichever is greater. The Arts Council shall not undertake any acts that shall affect the coverage afforded by the above policy. The Arts Council shall cause the insurance company to provide the City with a certificate of insurance and an endorsement thereto naming the City as an additional insured, and to provide the City thirty (30) days written notice of cancellation or material modification of the insurance contract. The Arts Council shall provide the City written notice of cancellation or material modification of the insurance contract for not less than the following notice for the purposes stated: thirty days prior notice for reasons other than non-payment; ten days prior notice for non-payment. The Arts Council shall not perform any activities under this Agreement until the City has received copies of applicable insurance policies or acceptable evidence that appropriate insurance as provided above is in force. 12. Changes. This Agreement, including all attachments and exhibits annexed hereto, shall not be subject to modification or amendment except in writing, executed by both parties. 13. Independent Contractor Status. The Arts Council agrees and certifies that: Page 5—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A a. The Arts Council is engaged as an independent contractor.Although the City reserves the right(i)to determine (and modify)the delivery schedule for the services to be performed and (ii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Arts Council's performance, nor provide any tools or equipment for the performance of the Arts Council's obligations under this Agreement, except as provided elsewhere in this Agreement. The Arts Council is responsible for determining the appropriate means and manner of performing the Work. b. The Arts Council shall be responsible for all federal or state taxes applicable to compensation or payments paid to the Arts Council under this Agreement and, unless the Arts Council is subject to backup withholding, City will not withhold from such compensation or payments any amount(s)to cover the Arts Council's federal or state tax obligations. c. The Arts Council will not, on account of any payments made under this Agreement, be eligible for any benefit from federal social security, workers' compensation, unemployment insurance, or the Public Employee's Retirement System, except as a self- employed individual; d. The Arts Council is not currently an employee of the federal government or the State of Oregon; e. The Arts Council is not a contributing member of the Public Employee's Retirement System; and f. The Arts Council is not an "officer," "employee,"or"agent"of the City, as those terms are used in ORS 30.265. 14. Subcontracts and Assignment. No subcontract shall be made by the Arts Council with any other party for furnishing any of the services, projects and activities that are the subject of this Agreement without obtaining the prior written consent of the City, which City may withhold without cause. This Agreement is not assignable by the Arts Council, either whole or in part, unless the Arts Council has obtained the prior written consent of the City. The City and the Arts Council are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any enforceable benefit or right, whether directly, indirectly or otherwise, to third persons. 15. Hours of Labor. For those employees of the Arts Council covered or subject to Oregon employment laws, the Arts Council shall pay employees for overtime work performed under this Agreement in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201 et seq.). 16. Representations and Warranties.The Arts Council represents and warrants to City that: a. The Arts Council has the power and authority to enter into and perform this Agreement; b. This Agreement, when executed and delivered, shall be a valid and binding obligation of the Arts Council enforceable in accordance with its terms, and this Agreement was duly approved and executed pursuant to authority of the governing body of the Arts Council; Page 6—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A c. The Arts Council will accomplish the services using a standard of performance and care that is currently accepted by others engaged in similar activities in the Portland metropolitan area; d. The Arts Council shall, at all times during the term of this Agreement, be qualified, professionally competent, and duly licensed to perform the services, and shall be a non- profit corporation eligible to receive deductible donations pursuant to Section 501(c)(3) of the Internal Revenue Code; e. The Arts Council has no present interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services under this Agreement,and that in the performance of this Agreement no person having any such interest shall be employed; f. The Arts Council covenants that the Arts Council has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Arts Council's services. The Arts Council further covenants that in the performance of this Agreement no person having any such interest shall be employed; and g. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided. 19. Records. The Arts Council shall have access to the books, documents, papers and records of the City as necessary for the Arts Council's performance under this Agreement. The Arts Council shall not disclose all or any part of such records to any other person, firm, corporation, association or other entity except as reasonably necessary to carry out this Agreement, without the consent of the City. The Arts Council agrees that the City and its authorized representatives shall have access to the books, documents, papers and records of the Arts Council which are pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcripts. The Arts Council shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles. In addition, the Arts Council shall maintain any other records pertinent to this Agreement in such a manner as to clearly document the Arts Council's performance. The Arts Council acknowledges and agrees that the City's duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of the Arts Council that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. The Arts Council shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. The Arts Council shall submit to the City Council an annual report for the Arts Council identifying program accomplishments, and revenues and expenses. 20. Indemnity and Hold Harmless. The Arts Council shall defend, indemnify, and hold the City, its officers, agents and employees, harmless against all liability, loss, or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including Page 7—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A death) to persons or property caused by any act or omission of an act sustained in connection with the performance of this Agreement or by conditions created thereby, or based upon violation of any statute, ordinance or regulation. This contractual indemnity provision does not abrogate common law or statutory liability and indemnification to the City, but is in addition to such common law or statutory provisions. 21. Compliance with Laws. The Arts Council shall comply with all federal, state and local laws and ordinances, applicable to this Agreement and the activities, services and projects and other work to be done under this Agreement. The Arts Council shall comply with all applicable federal, state, and local laws, rules,and regulations on nondiscrimination in employment because of race,color,ancestry, national origin, religion, sex, sexual orientation, gender identity, marital status, age, medical condition, or disability. CITY OF LAKE OSWEGO, ARTS COUNCIL OF LAKE OSWEGO, an Oregon Municipal Corporation an Oregon nonprofit Corporation By: Lynn Peterson, City Manager Pro Tem By: Lawrence Kitchen , President of the Board DATED: DATED: Page 8—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS City of Lake Oswego Public Art Guidelines EXHIBIT A City of Lake Oswego: Public Art Guidelines Table of Contents 1. Introduction P. 2 2. Roles and Responsibilities P.4 3. Public Art Committee P. 7 4. Collection Management P. 9 5. Acquisition of Artworks P. 11 6. Deaccession of Artwork P. 14 7. Loans of City Artworks P. 16 8. Donations to the City Collection P. 17 9. Gallery Without Walls P. 20 10. 1.5%for Public Art P. 24 VI.APPENDIX F I Revised Guidelines 1 62 City of Lake Oswego Public Art Guidelines EXHIBIT A 1. Introduction The City of Lake Oswego's art collection is a cultural, recreational, and educational resource that is held in trust for the public.The collection is significant to Lake Oswego's quality of life and complements the City's mission of enhancing the lives of its citizens. The guidelines contained in this document define how the collection shall be developed and maintained. The City contracts with the Arts Council of Lake Oswego, ("ACLO") to develop and maintain the City's art collection. ACLO is an independent nonprofit organization that works with the City of Lake Oswego to ensure the arts are an integral part of community life. ACLO is responsible for creating City-approved guidelines for the acquisition, maintenance, education, and deaccession of Lake Oswego's art collection. These guidelines provide a framework for the placement and preservation of public art in Lake Oswego, providing access to art exhibitions for residents and visitors,and advancing lifelong learning about the arts through educational programs and docent tours.ACLO also appoints and governs a Public Art Committee which is subject to the terms and conditions established in ACLO's bylaws, Section 3.13. 1.1 Definitions. Accession. To accept a work of art into the City's permanent art collection. Advisor. A professional asked by the Arts Council or by the Public Art Committee to provide advice on some aspect of a project. AGREEMENT FOR ADMINISTRATION OF CITY PUBLIC ARTS PROGRAMS. AGREEMENT entered into between the CITY OF LAKE OSWEGO, an Oregon municipal corporation, ("the City"), and ARTS COUNCIL OF LAKE OSWEGO, an Oregon nonprofit corporation, ("Arts Council"). WHEREAS the City maintains a public art collection, administers a program whereby 1.5 percent of the cost of certain public capital projects is dedicated to the acquisition of art, has established an outdoor art exhibit known as the "Gallery Without Walls" and engages in other activities related to promotion and preservation of the arts in Lake Oswego; and WHEREAS the City Council has determined that the Arts Council is capable of implementing the City's arts programs consistent with the requirements of the Public Art Guidelines, and in a manner that is in the best interests of the residents of the City of Lake Oswego. VI.APPENDIX F I Revised Guidelines 2 63 City of Lake Oswego Public Art Guidelines EXHIBIT A Architect/Engineer.The person or firm designing the improvement project to which the 1.5 Percent funding applies. Where architect/engineer is a firm, the term architect/engineer shall mean the principal of that firm in charge of designing the improvement project to which the 1.5 Percent funding applies. Artist.A practitioner in the arts,generally recognized by critics and peers as a professional of serious intent and recognized ability who produces works of art and is not a member of the project architectural firm. Arts Council of Lake Oswego. A nonprofit independent entity with whom the City contracts to maintain and develop the City's public art collection. Arts Council of Lake Oswego Board. See Section 3 of the ACLO Bylaws Except as otherwise provided by law, by the Articles of Incorporation, or by these Bylaws,the business and affairs of the Corporation shall be managed by its Board of Directors. The number of Directors of the Corporation shall be not less than eight (8) nor more than twenty-one (21). Biennial Public Art Work Plan. A document prepared by Arts Council of Lake Oswego staff and reviewed and approved by Lake Oswego City Council that articulates funding source's, budgets, locations, goals, artwork acquisition methods, and maintenance requirements for works of art. Call for Artists. An open competition where any artist is invited to submit works of art or delineated proposals for consideration. Proposals are reviewed and an artist or artist team is selected for the project. Capital Improvement Program (CIP).The City's program for advance planning of capital improvements. City Project. See Section LOC 18.02.015 Any capital project in an amount over$25,000 paid for wholly or in part by the City of Lake Oswego to construct, rehabilitate, remodel or purchase for a public use any building, decorative or commemorative structure, park, parking facility or any portion thereof within the limits of the City of Lake Oswego. "City project" does not include street, pathway or utility construction, emergency work, minor alterations, ordinary repair or maintenance Consultant.A paid professional hired by Arts Council of Lake Oswego staff, a Selection Committee, VI.APPENDIX F I Revised Guidelines 3 64 City of Lake Oswego Public Art Guidelines EXHIBIT A or Public Art Committee. Deaccessioning. Relinquishing title to a work of public art. Eligible Funds.A source of funds for projects from which art is not precluded as an object of expenditure. Participating Department. The department that is subject to LO Code Chapter 18 by its sponsorship of a City project. 1.5 Percent for Art Program. The Program established by Lake Oswego Code Chapter 18 to set aside a percentage of the total cost of eligible City projects for public art Permanent Art Collection.All works of art owned by the City of Lake Oswego, either site specific or part of a portable collection, and maintained by ACLO. Public Art.All forms of original works of art accessible to the public and/or public employees including: 1. Painting of all media, including both portable and permanently fixed works, such as murals; 2. Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials; 3. Other visual media including, but not limited to, prints, drawings, stained glass, calligraphy, glass works, mosaics, photography,film, clay,fiber/textiles, wood, metals, plastics or other materials or combination of materials, or crafts or artifacts. 4. Works of a wide range of materials, disciplines and media which are of specific duration, including performance events, and which are documented for public accessibility after the life of the piece has ended. 5. Art works that possess functional as well as aesthetic qualities. Public Art Committee.A seven-member committee of the Arts Council of Lake Oswego that is appointed jointly by the City and ACLO to develop and maintain the City's public art collection, and to provide oversight for the 1.5 Percent for Art Program process.The Public Art Committee is subject to the terms and conditions as laid out in the Arts Council of Lake Oswego's bylaws, Section 3.13. VI.APPENDIX F I Revised Guidelines 4 65 City of Lake Oswego Public Art Guidelines EXHIBIT A Public Art Program: Program of the City of Lake Oswego managed by the Arts Council of Lake Oswego and including: 1.5 Percent for Art Program, Gallery Without Walls, and the Permanent Art Collection. Public Art Master Plan. Periodic plan which guides the purchase and placement of public art and the acquisition of two-dimensional art and three-dimensional art in the City of Lake Oswego. Public Art Trust Fund. Chapter 18.04.120 of the Lake Oswego Municipal Code establishes a special City fund or account called the Public Art Trust Fund into which the monetary contributions for Public Art shall be deposited. Selection Committee: Body appointed by the Public Art Committee responsible for selecting and/or commissioning art work as part of the City's Gallery Without Walls or 1 5%for Art program. See Sections 9.3 and 10.8 2. Roles And Responsibilities. The following individuals and groups have significant roles in the development of the City's art collection: 2.1. Mayor and City Council 2.1.1. Review and adopt administrative policies and procedures for the public art program per Municipal Code Section 18.06.220. 2.1.2. Review and approve the Public Art Master Plan. 2.1.3. Review and approve the Biennial Public Art Work Plan at City Council meeting. 2.1.4. Appropriate funds to ACLO per the Agreement for Administration of City Public Art Program. 2.1.5. Appropriate available Percent for Art funds according to Lake Oswego Municipal Code Chapter 18. 2.1.6. Individually consult with Arts Council of Lake Oswego staff on community representatives to serve on public art selection and review panels. VI.APPENDIX F I Revised Guidelines 5 66 City of Lake Oswego Public Art Guidelines EXHIBIT A 2.1.7. Annually appoint two members of the City Council to serve as liaisons to the ACLO's Public Art Committee. 2.1.8. If desired or requested by ACLO, participate as observers in artist selection and/or review of art projects. 2.2.Arts Council of Lake Oswego 2.2.1. Appoint members of ACLO's Public Art Committee 2.2.2. Recommend Public Art Master Plan and Biennial Public Art Work Plan to the City Council. 2.2.3. Review, advise and recommend to City Council administrative policies and procedures for the public art program. 2.2.4. Monitor the public art program to ensure it complies with the adopted administrative policies and procedures. 2.2.5. Review and approve artist selection to ensure equal access to all qualified artists. Ensure artist selection is consistent with City's mission and values, including treating everyone with respect; valuing a diverse, inclusive, welcoming community; and a commitment to equitable treatment and elimination of discrimination in all its forms at all organizational levels 2.2.6. Recommend to City Council all contracts for artwork to be placed or erected on property of the City, or to become property of the City by commission, purchase, gift, loan (for over 90 days), or otherwise. 2.2.7. Other responsibilities as requested by City Council. 2.3. Public Art Committee of ACLO VI.APPENDIX F I Revised Guidelines 6 67 City of Lake Oswego Public Art Guidelines EXHIBIT A 2.3.1. Review and recommend all proposed acquisitions to and deaccessions from the City of Lake Oswego's art collection. 2.3.2. With ACLO staff, oversee the maintenance of the City's art collection, including the current listing of all artworks in the collection. 2.3.3. Remove works of art from the collection that do not meet the goals of the collection or are damaged beyond repair. 2.3.4. Recommend uses for Public Art Trust Fund monies generated through the 1.5 Percent for Art Program and other sources. 2.3.5. Review public art projects by private developers and community members that are proposed to be located on City property. 2.3.6. Recommend and approve new sites for City-owned artwork. 2.3.7 Advise ACLO and ACLO Staff on the implementation of the Public Art Master Plan 2.4.ACLO Staff 2.4.1. As outlined in the Administration Agreement with the City of Lake Oswego, administer all aspects of the Public Art Program and its projects from inception to completion; including program planning,the artist selection process, project planning, development and implementation, coordination with departments, contracts, budgets, approvals, community education and participation, documentation, registration, and installation. 2.4.2. Act in a curatorial capacity to ensure that artists respond to project descriptions,the site, budget, and stakeholder input with their best work prior to Public Art Committee or Selection Committee review. 2.4.3. Develop and implement the Public Art Master Plan and Biennial Public Art Work Plan in coordination with the Arts Council and City Council, City Manager or designee and appropriate City departments and representatives. 2.4.4. Develop and maintain a list of potential selection committee panelists for public art projects. VI.APPENDIX F I Revised Guidelines 7 68 City of Lake Oswego Public Art Guidelines EXHIBIT A 2.4.5. Collaborate with City department liaisons to develop project parameters and budgets for each project and facilitate inter-departmental communication and interaction throughout the project. 2.4.6. Develop on-going maintenance program for the rotating and permanent art collection. 2.4.7. Convene and facilitate public meetings as appropriate and necessary for the implementation of the program and/or specific projects. 2.4.8. Build partnerships with regional agencies, private developers, and philanthropists. 2.4.9. Publicize signature public art projects that will have Citywide impact. 2.4.10. Prepare and distribute publicity concerning the program and specific projects. 2.4.11. Document and archive, as necessary,the program and specific projects, including but not limited to contracts, photographs, construction drawings, maintenance manuals, and meetings. 2.4.12. Conduct an annual art inventory and see that necessary repairs are performed. 2.5 City Staff. 2.5.1 Act as a liaison to ACLO to ensure successful implementation of the public art programs included in the contract between the City and ACLO 2.5.2 Ensure program implementation consistent with council direction and terms and conditions of the Public Art Master Plan and contract with ACLO 2.5.3 Provide oversight of ACLO activities performed under the contract to provide accountability for the management of City owned assets and the expenditures of public funds 2.5.4 Perform other duties on behalf of the City as outlined in the Public Art Master Plan, the Contract between the City and ACLO, City Code, and the Public Art Guidelines, see Selection Committee and Confirm 1.5%for Art Capital Improvement Program (CIP). VI.APPENDIX F I Revised Guidelines 8 69 City of Lake Oswego Public Art Guidelines EXHIBIT A 3. Public Art Committee. 3.1. Membership.The Public Art Committee shall be composed of seven voting members appointed by a majority vote of the Arts Council of Lake Oswego Board and two non-voting City Council liaisons assigned yearly. Public Art Committee members shall be selected based on their knowledge of and familiarity with the arts and their understanding of the needs of the Lake Oswego community.At least five members must reside within the city limits of the City of Lake Oswego. Any non-City resident members must live, work or volunteer within Clackamas County.At least two of the members must be artists or arts professionals. 3.1.1. Recruitment. Members for the Public Art Committee will be recruited through public advertisement in the City's monthly newsletter, on the City's website,through social media, and through personal invitation.The Arts Council shall be responsible for initiating the recruitment process, although the Arts Council will make its best effort to coordinate with City staff and follow the City's annual recruitment process for City Boards, Commissions, and Committees. 3.1.2.Term. Members of the Public Art Committee shall serve a term of three years.After serving a term, members are eligible to serve one additional three-year term. Initial terms shall be staggered so that terms do not expire for all members at the same time. Should the Arts Council Board determine there is a difficulty in filling positions,they may allow members to serve a third three-year term without a one- year absence from the committee. 3.1.3. Meetings.The Public Art Committee shall meet as frequently as necessary to accomplish its business. Public Art Committee meetings currently take place monthly. Public notice shall be given in advance of all meetings. Meetings shall be conducted in accordance with the requirements of Oregon Public Meetings Law. 3.1.4. Conflict of Interest. During their tenure, members of the Public Art Committee shall refrain from activities that represent a conflict of interest. A member must not undertake any action or any decision or recommendation as a committee member, the effect of which would be to the private pecuniary benefit or detriment of the person or the person's relative or any business with which the person or a relative of the person is associated. Members of the Public Art Committee, and consultants and appraisers that the committee may engage, must have no financial interest in any art piece under VI.APPENDIX F I Revised Guidelines 9 70 City of Lake Oswego Public Art Guidelines EXHIBIT A consideration by the committee, even if the financial interest is limited to an artist's spouse or relative. No committee member shall have any interest in any art consultant or art appraisal firm engaged by the Public Art Committee. Any member of the Public Art Committee must also declare a conflict of interest and refrain from participating if a person with whom he or she shares a household, he or she professionally represents, shares a business interest, or has a matter before the Committee. During the time they serve on the Public Art Committee, artists may not sell or donate their own artworks to the City's art collection. 4. Collection Management. 4.1. Cataloguing the Collection. Arts Council of Lake Oswego staff shall maintain the catalogue of the City of Lake Oswego's art collection, including the title, artist, medium, creation date, accession date, placement, budget, and other information for each artwork.This catalogue shall be made available to the public online through ACLO's website as a map that links to information and images of the artwork on the Public Art Archive website. 4.2. Periodic Review.Arts Council of Lake Oswego staff shall annually review all holdings in the art collection and report on it to the Public Art Committee.The review of the collection shall examine each piece's condition to determine any restoration or preservation needs and examine its display or storage conditions.The review shall periodically estimate the value of each piece for insurance coverage and the City's fixed asset inventory.The review shall update the current listing of all holdings in the art collection catalogue and submit the updated list to City staff. 4.3. Maintenance of Collection. Upon completion of periodic review, Arts Council of Lake Oswego staff shall develop a list of artworks requiring routine maintenance or conservation.ACLO staff, in collaboration with City departments, shall conduct routine maintenance, train volunteers, or obtain the services of a professional to complete the repairs, cleaning, labeling, etc.that may be necessary to maintain the public art collection. 4.3.1. If an artwork repair is beyond the services contracted for in the agreement between the Arts Council and the City, Arts Council of Lake Oswego staff will seek a professional conservator to provide an estimate for conservation costs for approval by the City. Upon City Manager or designee approval, Arts VI.APPENDIX F I Revised Guidelines 10 71 City of Lake Oswego Public Art Guidelines EXHIBIT A Council of Lake Oswego staff shall coordinate cleaning and repairs with the appropriate City department(s). 4.3.2. City departments shall notify Arts Council of Lake Oswego staff as soon as practical if a work of art is damaged or stolen, or if the participating department plans to move it to another location or disrupt it. 4.4. Maintenance Plan. When the City purchases a new work of art, the artist shall be required to submit a maintenance plan, that includes detailed instructions and recommendations for cleaning and maintaining the work, and that also includes a timeline and plan for regular maintenance.The maintenance plan shall also provide a detailed description of all materials and processes used to fabricate the artwork, including the names and addresses of material suppliers, and shall describe the installation process for the artwork.The maintenance plan shall be kept on file at the Arts Council Office and in the collection database. 4.5.Artwork Placement of Works of Art. City Departments shall work with Arts Council of Lake Oswego staff and the Public Art Committee to assess and propose locations for public artwork during the development of the Biennial Public Art Work Plan. 4.6. Relocation of Artwork. While it is the intent that site specific works will remain on the site for which they were created, an artwork may be relocated if circumstances dictate. A reasonable effort shall be made to consult with the artist about possible relocation. The Public Art Committee,together with ACLO staff, shall consult with City staff and the artist,to recommend new sites for City. If an appropriate location for the artwork cannot be found,the Public Art Committee will consider deaccession, sale or donation of the work. 4.7. Donations. At times civic-minded citizens may wish to contribute to the art collection. See Section 8 for a more detailed explanation of how donations are reviewed and accepted. 4.8. Loans from the Collection.The Public Art Committee may,with City approval, make loans of art from the art collection. See Section 7 Loans Policy for a more detailed explanation of how loans are reviewed and approved. VI.APPENDIX F I Revised Guidelines 11 72 City of Lake Oswego Public Art Guidelines EXHIBIT A 5. Acquisition of Artwork. 5.1. Background. The City public art collection includes works commissioned through the 1.5 Percent for Art Program, the Public Art Trust Fund, and gifts of art to the City.Artworks shall be acquired through a review process based on their innate qualities and value to the entire collection. The Public Art Committee shall be responsible for developing the City art collection using the procedures in these Guidelines: 5.1.1. Biennial Work Plan. A Biennial Public Art Work Plan shall be prepared by Arts Council of Lake Oswego staff and shall articulate funding source/s, budgets, locations, goals, artwork acquisition methods, and maintenance requirements for works of art.The plan shall be reviewed and approved by the ACLO Board and City Council per Section 2. and implemented on behalf of the City with ACLO and Public Art Committee oversight. 5.1.2. Art Selection Criteria. The Public Art Committee should strive for a diverse collection of art to reflect a diverse community.All artworks selected for inclusion in the collection of the City of Lake Oswego must meet all the following criteria: 5.1.2.1.Artistic Excellence. Accepted works of art shall be of exceptional and enduring quality and as judged by the Public Art Committee. 5.1.2.2.Appropriateness to the City's Public Art Collection. Proposed artworks will be reviewed in relationship to existing goals for the public art collection, such as diversity of media, artists represented, styles, and geographic representation. 5.1.2.3.Appropriateness to Site. Relationship of the artwork to the site shall be considered in respect to its social, cultural, historical, and physical context. 5.1.2.4. Reflect Community Values. The City of Lake Oswego respects creative expression in the arts, including artistic expression that may provoke controversy. Public art has a unique ability to inspire a community to question its perspectives while simultaneously reflecting its values. The City recognizes that the Arts Council of Lake Oswego has particular expertise in balancing anticipated public reaction to challenging artworks alongside the value of artistic expression. On behalf of the City of Lake Oswego, VI.APPENDIX F I Revised Guidelines 12 73 City of Lake Oswego Public Art Guidelines EXHIBIT A ACLO strives to curate an art collection that is more than 'pretty' or'nice' but also one that ennobles, educates, and sparks public dialogue. 5.1.2.5.Adherence to Existing Master Plans.All works of art should adhere to the master plans of existing jurisdictions including but not limited to the plans of the Parks and Recreation Department, and Lake Oswego Redevelopment Agency and shall also comply with the Arts Council's Public Art Master Plan.The Public Art Committee will help to advise the sponsor of existing master plans. 5.1.2.6. Clear Title.The artwork must be able to be transferred to the City of Lake Oswego with a clear title. Purchased art shall be by a formal bill of sale from the owner(s) or artist(s). Contributed art must be accompanied by an appropriate deed of gift. 5.1.2.7. Original Works and Authentication. Only original works of art shall be accessioned for the collection. Forgeries, unauthorized copies, or reproductions are not acceptable. In cases where the authenticity of a piece could reasonably be questioned, it must be authenticated before accession. 5.1.2.8. No Restrictions.Artwork accessioned by the City of Lake Oswego must not have attendant restrictions.The City will attempt to acknowledge artists and donors in the display of artwork but shall be under no obligation to do so. 5.1.2.9. Standards for Exhibition. All art pieces must be made to be safely and securely displayed in a public setting. Sculpture must be able to be secured to prevent accidents.Artworks executed in fragile media must be able to be protected while displayed. Photographic and digital works must be authenticated as unique or limited editions before accessioning. 5.1.2.10. Maintenance and Security.The City of Lake Oswego shall only accept artwork that the Public Art Committee,the Arts Council of Lake Oswego, and City Staff believe can, within the financial confines of the foreseeable future, be adequately and safely displayed, maintained, and reasonably secured. 5.1.2.11 Maintenance Provisions. Maintenance concerns are a primary consideration.Adequate provision must be made for future needs. As outlined in Section 4.4,the Public Art Committee must be provided with detailed maintenance instructions for the work(s) of art, copies of which shall be on VI.APPENDIX F I Revised Guidelines 13 74 City of Lake Oswego Public Art Guidelines EXHIBIT A record at the Arts Council of Lake Oswego. Funds for future maintenance shall be deposited into the Public Art Trust Fund. 5.1.3. Desired Attributes 5.1.3.1.Variety of Media,Styles and Techniques. Art selected for the collection should broaden the range of media and techniques represented in the collection within the guidelines above for art exhibition in a public setting.The Public Art Committee should review the artistic diversity of the collection each year. 5.1.3.2.Artists of Varying Acclaim.The collection of the City of Lake Oswego should include artworks created by a wide range of artists of varied public status, chosen based on their intrinsic merit and relevance to the collection. 5.1.3.3.Value.The cost of any proposed piece of art should be a responsible investment for the City. The Public Art Committee may consult with an art consulting or appraisal firm to authenticate and verify the market value of any artwork that costs more than $5000. 5.1.3.4. Site Specificity: Major artworks selected for a specific site should be relevant to the environment, its size, and the use patterns of the area. 5.1.4. Methods of Acquisition. The selection criteria listed above apply to all artworks, regardless of the acquisition method used to bring a piece to the City art collection.There are several ways that a work of art may be acquired for the City art collection: 5.1.4.1. Open Competition. In open competition, any artist is invited to submit pieces or delineated proposals for consideration.A"Request for Proposals" is advertised within a designated region (local, regional, national, etc.) inviting all artists within the region to submit a proposal. The competition may be held for a single piece, a single site, several sites, or several artworks.The Public Art Committee evaluates the applications and selects the artwork or proposal that best fits the criteria and the needs of the site(s). 5.1.4.2. Limited Competition.The Public Art Committee may choose to invite one or more artists to VI.APPENDIX F I Revised Guidelines 14 75 City of Lake Oswego Public Art Guidelines EXHIBIT A submit proposals to create a piece for a specific site.The Committee should work closely with the selected artist from the beginning of the project, making clear the criteria in this policy.The artist should be paid to submit proposal sketches or models for approval before beginning the final artwork, with opportunities to periodically view the artwork during different stages of completion to ensure the criteria are being met. 5.1.4.3. Direct Purchase. The Public Art Committee may choose to purchase a piece of existing art from a gallery or dealer,from a private individual, or from the artist directly. 5.1.4.4.Artist on Design Team: An artist may be selected via direct invitation or limited competition to collaborate with the project architect as a consultant during the early planning phases of the project.The artist's role shall be to design artworks within the materials budget to be incorporated into the project. Once final design is complete, the general contractor shall be responsible for artwork fabrication, and the artist shall provide oversight during fabrication and installation.The artist may also collaborate with the project architect early in design phase and provide a budget to create independent artworks that will be sited at a predetermined location or locations. 5.1.4.5. Donations:The Public Art Committee may review and accept artwork donations. See Section 8, Donations Policy,for a more detailed explanation of how donations are reviewed and accepted. VI.APPENDIX F I Revised Guidelines 15 76 City of Lake Oswego Public Art Guidelines EXHIBIT A 6. Deaccessioning works of art. 6.1 Background.The decision to remove a piece from the collection is as important as the decision to accession it originally. The world of art is constantly growing, and something that was revolutionary or revealing in the past may become trite or too-well explored. On the other hand,the world of art is also affected by fashion.The Public Art Committee must be aware of the distinction between out of date and out of style.The deaccession process should not result in the loss of classic work, even if it represents an earlier period. Deaccession of pieces from the collection shall be based principally on issues of artistic excellence as defined in Section 5.1.3.1, or if the artwork has been irreparably damaged. No piece from the art collection shall be sold primarily for monetary gain with the intention to use the funds for purposes other than art collection. Proceeds from the sale of deaccessioned art shall be deposited in the Public Art Trust Fund. 6.2. Deaccession Policy. Deaccessioning is a procedure for the withdrawal of an artwork from the public collection. Deaccessioning should be considered only after ten years have elapsed from the date of installation of permanent works and acceptance in the case of portable works or under special circumstances (e.g.,the piece has been damaged beyond repair). Deaccessioning will be considered only after a careful and impartial evaluation of the artwork within the context of the entire collection. At the beginning of the process,Arts Council of Lake Oswego staff will make reasonable effort to notify any living artist whose work is being considered for deaccessioning. 6.3. Eligible Artworks. All artworks owned by the City of Lake Oswego,whether acquired through the 1.5 Percent for Art Program,Gallery Without Walls, donation,or any other method, are eligible for deaccessioning. In the case of donated artworks, ACLO will review all legal documents relating to the donation prior to beginning the process. 6.4. Deaccessioning Procedure. Deaccessioning is the responsibility of the Public Art Committee with the support of the Arts Council of Lake Oswego,and with the approval of the City Manager or designee. The Committee may utilize the services of an appraiser and/or a consultant, if necessary, in the Committee's determination. 6.5. Criteria for Deaccessioning. The Public Art Committee may consider the VI.APPENDIX F I Revised Guidelines 16 77 City of Lake Oswego Public Art Guidelines EXHIBIT A deaccessioning of artwork for one or more of the following reasons: 6.5.1. A work is not, or is only rarely, on display because of lack of a suitable site. 6.5.2. The condition or security of the artwork cannot be reasonably guaranteed. 6.5.3. The artwork has been damaged or has deteriorated and repair is impractical or infeasible. 6.5.4. The artwork endangers public safety. 6.5.5. In the case of site-specific artwork,the artwork is destroyed by severely altering its relationship to the site. 6.5.6. The artwork has been determined to be significantly incompatible or inferior in the context of the collection. 6.5.7. The City Manager or designee wishes to replace the artwork with work of more significance by the same artist. 6.5.8. The artwork requires excessive maintenance or has faults of design or workmanship. 6.5.9. There has been sustained and overwhelming public objection that the artwork is inconsistent with the community's values. 6.6. Sequence of Action. 6.6.1. The Public Art Committee shall determine whether an artwork meets one of the criteria listed in Section 6.6. above. 6.6.2. The Public Art Committee and the Arts Council shall submit a report to City Manager or designee, identifying any restrictions they believe apply to the specific work. If the City Manager or designee is uncertain about the restrictions,they may seek the opinion of the City Attorney before deaccessioning the work. VI.APPENDIX F I Revised Guidelines 17 78 City of Lake Oswego Public Art Guidelines EXHIBIT A 6.6.3. The Public Art Committee and Arts Council Executive Director or designee shall review the report and may ask Arts Council of Lake Oswego staff to seek additional information regarding the work from the artists, art galleries, curators, appraisers, or other professionals. 6.6.4. The Public Art Committee shall send a deaccession report to the Arts Council Board of Directors for approval. 6.6.5. Upon approval of its recommendation, the Public Art Committee shall consider the following actions: 6.6.5.1. Sale or Trade. 6.6.5.1.1. Artist will be given first option to purchase or trade in compliance with the City's surplus property procedures. 6.6.5.1.3.Trade may be through artist, gallery, museum,or other institutions for one or more artwork(s) of comparable value by the same artist. 6.6.5.1.4. No works of art shall be sold or traded to members or staff of the City,the Arts Council or Public Art Committee, consistent with the conflict of interest policies in these guidelines. 6.6.5.1.5. Proceeds from the sale of a work of art shall be returned to the Public Art Trust Fund.Any pre- existing contractual agreements with the artist regarding resale shall be honored. 6.6.5.2. Destruction of work deteriorated or damaged beyond repair and deemed to be of negligible value. 6.6.5.3. Donation. If the Public Art Committee is unable to dispose of the artwork in a manner outlined above,the work shall be donated to a non-profit organization or otherwise disposed of as the Committee and ACLO sees fit. 7. Loans of City Artworks. VI.APPENDIX F I Revised Guidelines 18 79 City of Lake Oswego Public Art Guidelines EXHIBIT A 7.1. Policy. The Public Art Committee may,with City Manager or designee approval, make loans from the collection to public institutions for the purpose of education. 7.2. Conditions for Lending artwork. When loans are made, it is the responsibility of the borrowing institution to cover all expenses of packing, shipping, and insurance. The borrowing gallery or institution shall submit proof of insurance coverage for the value of the piece. 7.3. Credit for Loans.The borrowing institution must credit the City of Lake Oswego art collection on labels and in catalogues. Credits must also include the name of artist, medium, and year artwork was created. VI.APPENDIX F I Revised Guidelines 19 80 City of Lake Oswego Public Art Guidelines EXHIBIT A 8. Donations Policy. 8.1. Background. In addition to City financial support,the public art collection may grow through the generous gifts of private citizens. A consistent and fair process for considering public art gifts and memorials shall be followed. The art selection criteria listed in Section 5.1.2 will be applied when considering public art gifts. Anyone wishing to sponsor a gift of artwork to the City should contact Arts Council of Lake Oswego staff at the earliest possible time for a consultation on the review and acceptance process for donated artworks.The Public Art Committee will review potential donations. 8.2.Types of Donations. 8.2.1. Existing Works of Art. 8.2.1.1. Portable. Works of a scale appropriate for rotation through public spaces belonging to the City of Lake Oswego. The specific placement of portable works may not be stipulated as a condition of the gift. 8.2.1.2. Non-Portable. Works of a scale larger than would be appropriate for the portable collection and would require a semi-permanent or permanent site. 8.2.1.3. Commissioned Works of Art. Works of art that are commissioned gifts to the City and which usually require a specific site. 8.2.2. Review Criteria. 8.2.2.1. All artwork donations must be of high artistic quality and must meet the Art Selection Criteria in Section 5.1.2. of the Public Art Guidelines. 8.2.3. Review Process. EXISTING WORKS: PORTABLE OR NON-PORTABLE. 8.2.3.1. Initial Contact. Sponsor should send photographs of work(s) of art to the Arts Council of Lake Oswego with written materials, including name of the artist, his/her bio or resume, medium, size, date of VI.APPENDIX F I Revised Guidelines 20 81 City of Lake Oswego Public Art Guidelines EXHIBIT A execution and estimated value of the piece.This material shall be shared with the Public Art Committee for its recommendation. 8.2.3.2. Review by Public Art Committee.The Public Art Committee will review the photographs and will ask to see the actual work of art if it wants to consider the gift further. If the Public Art Committee recommends acceptance of the work of art, it will also make a recommendation for future maintenance provisions. 8.2.3.3. Installation Readiness. In order to receive final acceptance, works of art should be professionally appraised at the sponsor or donors' expense and ready for installation.This means that two-dimensional works must be archivally framed and three-dimensional works must have a pedestal or appropriate hanging or mounting apparatus. 8.2.3.4.Acceptance.The Public Art Committee will determine whether to accept or deny the proposed donation, subject to City Manager or designee approval, as well as its installation and maintenance provisions.After acceptance, the report will be sent to the Arts Council of Lake Oswego's Board of Directors by the Public Art Committee Board Liaison. 8.2.4. Commissioned Works of Art. 8.2.4.1. Initial Contact. Representatives of the Arts Council Staff, Public Art Committee, and the Board of Directors will meet with the sponsor to discuss the commission. If no artist has been selected, staff will advise the sponsor about artist selection options, such as the use of an artist selection committee or an art consultant.The art consultant and advisory committees can provide expert assistance on selection procedures,technical and budgetary concerns and on the uses, appropriateness, quality, and variety of art options. 8.2.4.2. Selection Process. Commissioned works must go through a two-phased process:first "in concept" and second when the design has been decided. Sponsors of gifts are requested not to select specific designs prior to the approval "in concept." If a site has been recommended and is under the jurisdiction of any other City department, such as the Parks and Recreation Department,that department must be contacted at the start and the project will also be reviewed by that department VI.APPENDIX F I Revised Guidelines 21 82 City of Lake Oswego Public Art Guidelines EXHIBIT A 8.2.4.3.Artist Contract.The Arts Council of Lake Oswego will prepare a contract for the artist once selected. 8.2.4.4. Review"in concept" by Public Art Committee. The sponsor must submit a written proposal to the Arts Council including the process for selection of an artist(s) and the general concept behind the project.The Public Art Committee will review the proposal and make a recommendation to the City Manager or designee for acceptance or denial. 8.2.4.5. Review of Design by Public Art Committee. If the project is approved "in concept"the sponsor will proceed to select an artist(s) as outlined above. When a site and a specific design have been chosen, a model and/or scale drawings of the design and maintenance provisions must be presented to the Public Art Committee, who will review and approve the materials. 8.2.5. Bequests for Commissioning a Work of Art. Bequests for commissioning a work of art should go through the process outlined above and must include financial provisions for the administration of the commission as well as the future maintenance of the work of art as determined by the Public Art Committee and the Arts Council. 8.2.6. Bequests to the Public Art Trust Fund. Bequests to the Public Art Trust Fund can vary in scope from general gifts of unspecified use to gifts of a specified scope. For example, the sponsor could stipulate that the bequest be used to purchase portable works by Native American artists. VI.APPENDIX F I Revised Guidelines 22 83 City of Lake Oswego Public Art Guidelines EXHIBIT A 9. Gallery Without Walls Public Art Program. 9.1. Program Description. Lake Oswego's Gallery Without Walls' (GWW) integrates art into the daily lives of residents and visitors. Gallery Without Walls is an outdoor artwork program featuring artwork from regionally, nationally, and internationally acclaimed artists. All artwork is in the Urban Services Boundary of Lake Oswego, Parks,the Public Right of Way, City Property and in certain instances, private property. 9.2. Rotating Gallery Without Walls Mission. GWW includes approximately 25-35 artworks loaned by artists for a period of two years. Sited within six square blocks, it is intended as a walking exhibit that can be easily toured within an hours'time.The mission of the program is to cultivate beauty, spark interest, and generate economic vitality in Lake Oswego's downtown business district and to offer educational opportunities through the walking tour brochure, and docent-led tours for groups of all ages. All loaned artworks are available for purchase. 9.3. Gallery Without Walls Selection Committee. The Gallery Without Walls Selection Committee shall be composed of seven members, which includes one member of the Arts Council Board of Directors, a minimum of one artist with knowledge of three-dimensional artwork, and community members. Most members, except the participating artist(s), should reside or own a business within the City of Lake Oswego's Urban Service Boundary as established in the Lake Oswego Comprehensive Plan.A former GWW selection committee member should serve in an advisory capacity. 9.3.1. Process for Selecting Committee Members.The members of the Gallery Without Walls Selection Committee shall be recruited by Arts Council of Lake Oswego staff and existing Gallery Without Walls Selection Committee Members and shall be appointed by the Public Art Committee. Selection Committee members shall be chosen on the basis of their knowledge of and familiarity with the arts and their understanding of the needs of the Lake Oswego community. Each member may serve a maximum of three consecutive two-year terms. Initial terms shall be staggered so that terms do not expire for all members at the same time. It is advisable to have a minimum of two alternates selected to fill any position that becomes vacant before the expiration of terms. Each year, the Committee shall select one of its members to serve as Chair. The Chair should have previously served for at least two years on the Selection Committee. VI.APPENDIX F I Revised Guidelines 23 84 City of Lake Oswego Public Art Guidelines EXHIBIT A 9.3.2. Conflict of Interest. No member of the Selection Committee may submit an art proposal for the project. Members of the Selection Committee must follow the Conflict of Interest statement set forth in these Guidelines. 9.3.3. Process for Selecting Artwork for Rotating Gallery Without Walls Public Art Program. 9.3.3.1.Artist Solicitation. The Arts Council shall prepare a Request for Proposals (RFP) inviting artists to submit applications for the Rotating Gallery Without Walls exhibit. The Arts Council shall generate submission requirements for each REP.The Gallery Without Walls Selection Committee shall hold meetings as needed to review each submission and shall recommend up to 15 artworks for the exhibit each year.[6Bi, 9.3.3.2. Selection Criteria.The Selection Committee will jury artist submissions. The following criteria shall be used in determining artworks to include in the exhibit: 9.3.3.2.1.The proposed artwork can be an existing artwork, or an artwork specifically made for the exhibit. 9.3.3.2.2.All work must be of high artistic quality and must meet the Art Selection Criteria in Section 5.1.2. of these Guidelines.The Selection Committee will convene at minimum three times; once to review the quality of the artist's work, second to review the submitted artwork, and third to propose locations for artwork. In addition: 9.3.3.2.3. Each submitted artwork will be evaluated for safety.The artwork must be of a suitable scale, and not impede either walking or driving traffic. Each artwork must be approved by the City Engineer if appropriate and must be able to withstand the elements and normal wear and tear experienced by public art in an outdoor setting and be able to withstand possible pedestrian contact. 9.3.3.2.4. Each submission will be evaluated on the artist's qualifications. 9.3.3.2.5. Each artwork will be evaluated on the diversity of subject matter, medium, and style. 9.3.3.2.6. Each artwork will be evaluated on diversity in relation to the Gallery Without Walls program with relation to site, educational impact, visual impact, color and size. VI.APPENDIX F I Revised Guidelines 24 85 City of Lake Oswego Public Art Guidelines EXHIBIT A 9.3.3.3. Exhibit Parameters. Artworks are to be on loan to the City for a two-year exhibition period. If an artwork is removed or sold within the two-year exhibition period,the artist is required to submit a new artwork of the same quality and scale,which must be approved by the Selection Committee. An honorarium is provided for each artist following installation of their Artwork as defined in the Biennial Public Art Work Plan. All portable artworks in the exhibit must be for sale. Each artist is required to enter into a standard written agreement with the City. Arts Council of Lake Oswego staff shall coordinate the development of each agreement with the City Attorney and ensure that a current agreement is on record for each artwork on display. If artworks are to be sited on private property, a written agreement must be executed between the City and the owner, or person with authority to consent to use of the property, permitting the installation, and must be signed by all parties.The agreement will be prepared by the Arts Council and approved as to form by the City Attorney. Signing of the agreement is coordinated by the Arts Council and City Attorney's Office. During the exhibition period,the City shall maintain liability insurance in an amount, and subject to terms, approved by the City Attorney, to cover any damages incurred to the artwork by reason of the negligent acts of the City, its employees, and agents, for the period commencing upon successful installation of the artwork and ending immediately upon removal. Artist Agreements shall provide that the artists are responsible for delivering the artwork to the site, assisting with the installation of the artwork, and removing the artwork from the site at the end of the exhibition period. The Arts Council of Lake Oswego reserves the right to reject work that when completed differs from the approved proposal or does not meet stated standards. All sites must be approved by the Director of the Park& Recreation Department,the City Manager,the Director of Redevelopment, and the Director of Public Works if on City property or in a City public right of way. Various City Departments may be asked to assist the artist with the installation and deinstallation of artworks, if appropriate in the City's determination, and subject to availability and resources. The Arts Council of Lake Oswego shall notify the Public Works Department and Police Department of installations and deinstallations in advance. All installations must adhere to American Disabilities Act standards, including, but not limited to, right-of-way clearance standards,together with all other applicable laws, ordinances, and regulations. 9.3.4 Process for Purchase of Artwork from the Rotating Gallery Without Walls Public Art Program. 9.3.4.1. A purchase of artwork from the Gallery Without Walls Exhibit shall occur as provided in the current Agreement for Administration of City Public Arts Programs between the City and the Arts VI.APPENDIX F I Revised Guidelines 25 86 City of Lake Oswego Public Art Guidelines EXHIBIT A Council ("Administration Agreement"). Unless specifically stated otherwise in the Administration Agreement,funds from the general annual compensation provided to the Arts Council under the Administration Agreement shall be used for the purchase. 9.3.5. Operational Procedures.The GWW Selection Committee shall also oversee the People's Choice Purchase Award process. 9.3.5.1.The Selection Process.The Public Art Committee shall convene the selection committee and define the committee's objectives, which shall include: 9.3.5.2. Creating a list of up to five artworks for consideration as possible purchases; and 9.3.5.3. Establishing and administering a process for the public to vote for its preference from among the artworks on the list. 9.3.5.4. The Selection Committee process shall proceed as follows: 9.3.5.4.1. Upon notification of the objectives, the Selection Committee will review the current Gallery Without Walls artworks and establish a list of up to five artworks, one of which will be selected by a vote of the public. 9.3.5.4.2. Final Approval of Selected Artwork. Upon certification of the public's vote and approval of the Public Art Committee,the artist will submit an invoice/Bill of Sale to ACLO 9.3.5.4.3. Once received by the Arts Council of Lake Oswego, payment shall be made to the artist and arrangements made for relocation of the art to its final location, if necessary, following the Gallery Without Walls exhibition period. 9.3.5.4.4. Bill of Sale. Bill of Sale and all relevant documentation will be added to digital permanent records and City's insurance coverage. 9.3.5.5. Clarification of Policy. This procedure is to be used for a single purchase of art from the Gallery Without Walls Exhibit. Nothing in the procedure shall preclude additional purchases by the City of art from the Gallery Without Walls Exhibits. VI.APPENDIX F I Revised Guidelines 26 87 City of Lake Oswego Public Art Guidelines EXHIBIT A 10. 1.5 Percent for Art Program. 10.1. Background. Chapter 18 of the Lake Oswego Code, titled "Percent for Art Program" requires that 1.5 percent of the total costs of all qualifying City Projects be dedicated to the selection, acquisition, dedication, siting, maintenance, administration, de-accessioning, community education and registration of Public Art. 10.2. Program Goals.Art acquired through the 1.5 Percent for Art Program should meet the criteria and desired goals listed in Section 5.1.2,Art Selection Criteria. In addition, it is the program's intent to: 10.2.1. Encourage early collaboration between artists and architects. 10.2.2. Ensure that City departments, commissions, and advisory boards play an active role in the selection of art purchased through the 1.5 Percent for Art Program. 10.2.2.1. Preserve art objects and maintain artifacts displaced through City capital projects. 10.3.Administration of the 1.5 Percent for Art Program.The Public Art Committee shall administer the 1.5 Percent for Art Program under the auspices of the Arts Council of Lake Oswego. 10.4. Qualifying Projects. Chapter 18 of the Lake Oswego City Code specifies which City Projects are eligible for the 1.5 Percent for Art Program.A copy of Lake Oswego Code Chapter 18 is contained in Exhibit 1, Percent for Art Program. Generally, if funding is not legally restricted for particular uses, a City Project qualifies for the 1.5 Percent for Art Program and must dedicate 1.5 percent of its total cost to purchasing and maintaining public art. 10.5. Responsibility of Participating Department. Following the adoption of the Capital Improvement Program (CIP) by the City Council, each department with qualifying capital projects shall produce a summary sheet of projects that qualify for funding under the Percent for Art Program. The summary sheet shall include the project name and approximate dollar amount available for arts funding. The actual dollar amount shall be confirmed by staff from the participating department upon VI.APPENDIX F I Revised Guidelines 28 88 City of Lake Oswego Public Art Guidelines EXHIBIT A encumbering funds for construction of the project and shall be reported to the City Manager and the Arts Council of Lake Oswego Executive Director. 10.6.Application of 1.5 Percent for Art Funds: Inclusions. Funds may be spent as follows: 10.6.1. 1%for Purchase of Art. One percent of the total construction cost of eligible City Projects shall be used for costs associated with the acquisition of public art, including, but not limited to,the design, purchase, and siting of public art. Upon approval by the Project Manager for the City, funds may be spent as follows: 10.6.1.1. Artist's fee for serving on a design team with the project architect. 10.6.1.2.The work of art itself, including but not limited to: 10.6.1.3. Artist's design fee and operating costs. 10.6.1.4. Any permits related to the completion and siting of the work of art. 10.6.1.5. Labor and materials required for production of the work of art. 10.6.1.6. Necessary travel related to the design, completion, acquisition, and siting of the art. 10.6.1.7.Transporting the work to the site and installation costs. 10.6.1.8. Frames, mats, mounting, anchorages, containments, pedestals, or materials necessary for the installation, location, or security of the work of art. 10.6.1.9. Digital and other documentation of the work in progress as well as the required two digital images of the completed work. 10.6.1.10. Insurance as required by the artist's contract. 10.6.1.11. Contingency of five percent to eight percent of the one percent set aside at the beginning of each project (any unused contingency funds will remain in the Public Art Trust Fund). 10.6.2. .5%for Maintenance and Administration. One-half percent of the Total Cost of eligible City VI.APPENDIX F I Revised Guidelines 29 89 City of Lake Oswego Public Art Guidelines EXHIBIT A projects shall be used for costs associated with administration of the public art program, including, but not limited to cost of selection, conservation and maintenance of the collection, community education, deaccessioning, and registration of public art. Upon approval by the City Manager or her/his designee,funds may be spent as follows: 10.6.2.1.The selection process. 10.6.2.2. Community education related to the project. 10.6.2.3. Registration of Public Art. 10.6.2.4. Maintenance of Public Art. 10.6.2.5. Dedications and publicity. 10.6.2.6. Expenses for special advisors or consultants to the Public Art Committee. 10.6.2.7. Artist honoraria for the selection process. 10.6.3.Application of 1.5 Percent for Art Funds: Exclusions. 1.5 Percent for Art funds may not be spent for: 10.6.3.1. Reproductions, by mechanical or other means, of original works of art. 10.6.3.2. Decorative, ornamental, or functional elements that are designed by the architect or consultants engaged by the architect, or elements generally considered to be components of a landscape architectural design, designed by a landscape architect as opposed to an artist commissioned for this purpose. 10.6.3.3. Commercially mass-produced of standard design, such as playground sculpture or fountains. 10.6.3.4. Directional or other functional elements, such as super graphics, signs, color-coding, maps, etc. except where a recognized artist is employed. 10.6.3.5. Architect's fee. VI.APPENDIX F I Revised Guidelines 30 90 City of Lake Oswego Public Art Guidelines EXHIBIT A 10.6.4. Dedication of Funds. The Lake Oswego Public Art Trust Fund has been established within the City of Lake Oswego Treasury (see attached Lake Oswego Code Chapter 18, Section 18.04.120). Funds shall be deposited into the Public Art Trust Fund by the City official or employee acting on behalf of the participating department at the time that budgeted funds are encumbered for construction or purchase price of the project. When the artist or artist team is hired at the same time as the project architect or engineer, one percent of the estimated construction budget (from the CIP Document) shall be borrowed from monies existing in the Public Art Trust (or other sources available to the Arts Council of Lake Oswego) at the point at which the artist or artist team is hired. When actual funds are encumbered for the construction portion of the project,the Public Art Trust Fund shall be reimbursed to the extent possible with eligible monies obtained from the actual construction budget. Funds shall be deposited in separate accounts within the Public Art Trust Fund if separate accounting is requested by the City Manager or required by law. Monetary contributions made other than through the 1.5 Percent for Art Program shall be deposited in the Public Art Trust Fund and may be dedicated for a specific program or work of art, subject to acceptance by the City Council. 10.6.5. Disbursement of Funds. Disbursement of funds from the Public Art Trust Fund shall be made only after approval by the Arts Council of Lake Oswego and authorization by the City Manager or her/his designee . Disbursements shall be made according to Lake Oswego Code Chapter 18 and these Guidelines. Yearly reports are prepared by the City's Finance Department and will be shared with the Arts Council of Lake Oswego. 10.6.6.Artist Contract.The City of Lake Oswego shall enter into a contractual agreement with an artist for any artist services in accordance with Section 10.12,Artist Contracts. 10.6.7. Public Art Committee Procedures and Responsibility. The process for initiating and completing a 1.5 Percent for Art project is very similar to projects funded with other funding sources. The Public Art Committee shall oversee the process by defining the parameters and VI.APPENDIX F I Revised Guidelines 31 91 City of Lake Oswego Public Art Guidelines EXHIBIT A implementing a selection process as listed in Section 4.4, Process for Accessioning Artwork. However,there are requirements specific to the 1.5 Percent for Art process which are outlined below. Upon initiation of a 1.5 Percent for Art project,the Public Art Committee and Arts Council of Lake Oswego shall: 10.6.7.1. Confirm the available budget and timing of when the 1.5 Percent for Art funds will be available. The City's Finance Department will provide this information to the ACLO in writing. Timing of funds will dictate when projects can be initiated. 10.6.7.2. Convene a Selection Committee. 10.6.7.3. Identify a site for the work(s) of art. 10.6.7.4. Identify the goals of the project, including those goals outlined by the participating department or the City Council and any artist's prerequisites. The committee must also establish whether the project warrants including an artist on the design team or whether a purchase or commission of art is more appropriate. The committee must also establish at what stage of the project the artist will become involved in the process and coordinate funding accordingly. If it is decided that an artist should be involved from the conceptual stages of the project,the procedure described in Section 10.6.4, Dedication of Funds, should be used. 10.7.Artist Selection Criteria. Artists will be selected based on their qualifications as demonstrated by past work, appropriateness of the proposal to the specific project, and its probability of successful completion as determined by the Public Art Committee. In selecting artists and works of art, the Public Art Committee shall select those artists and works of art of the highest aesthetic quality, and those that fulfill the purpose of the City's art selection criteria as set forth in Section 5.1.2. In all cases, consideration will be given to materials, construction, durability (long or short term, depending on the intended life of the piece), maintenance, public access, and safety. 10.8. Selection Committee Membership. The Selection Committee shall consist of at least seven (7) members appointed by the Public Art Committee.The Selection Committee serves for the duration of one project.The Selection Committee shall consist of at least the following members: 10.8.1.Three members of the Public Art Committee, one of whom shall serve as chair. VI.APPENDIX F I Revised Guidelines 32 92 City of Lake Oswego Public Art Guidelines EXHIBIT A 10.8.2. A neighborhood or business representative where the project will be located. If the project is near several neighborhoods,ACLO may appoint representatives from more than one neighborhood or business. 10.8.3. A City staff representative from the department with the qualifying project. If the project involves more than one department,ACLO may appoint representatives from several departments 10.8.4. An architect or engineer from the City Project's design team. 10.8.5. A City Council liaison. 10.8.6. Additional members may be appointed to the selection committee if ACLO determines that additional representation or expertise is needed to meet the goals of the project. Public Art Committee members serving on a public art Selection Committee are limited to serving two consecutive selection processes. If desired,the Public Art Committee may select two alternates, subject to Arts Council of Lake Oswego approval. 10.9 Term of Office. Selection Committee members shall serve through the duration of the project. 10.10. Selection Committee Responsibilities. The Selection Committee and the Arts Council shall work within the project parameters established by the Biennial Public Art Work Plan including overall budget, project location, and goals.The Selection Committee shall be responsible for reviewing artist submissions and recommending an artist selection for approval by the Public Art Committee and ACLO. 10.11.Approval Process. The following approvals are required in administering the Acquisition of Artwork: Stage 1-The Arts Council of Lake Oswego and the City Council must approve the Biennial Public Art Work Plan, including overall budget, project location, and goals. Projects that arise after the Biennial Public Art Work Plan may be added by the City Council. Stage 2-The Public Art Committee must review and approve the Selection Committee's VI.APPENDIX F I Revised Guidelines 33 93 City of Lake Oswego Public Art Guidelines EXHIBIT A recommendation for artist and/or artwork prior to notifying the artist of the selection. For projects where the construction cost is over$30 million,the Selection Committee will provide a report to the City Council about the selected artist prior to contracting with the artist. The Selection Committee will consider any feedback provided by City Council. Stage 3—The Public Art Committee must review and approve the final artwork and/or services upon completion of the artwork or services rendered, and the City Manager or designee must accept the artwork, prior to final payment to the artist. Once accepted,the artwork is accessioned into the art collection by the Public Art Committee. 10.12.Artist Contracts The City of Lake Oswego shall administer a contractual agreement any time an artist is selected by ACLO for the 1.5%for Art program, to create a work of art, or to participate on a design team.The contract should define the scope of work for artist services and payment procedure. The contract shall require the contractor to do the following: 10.12.1. Produce a work of art for an approved and guaranteed maximum cost, including all installation costs. 10.12.2. Maintain general liability and property damage insurance as well as workers compensation insurance if appropriate. 10.12.3. Submit the following items before final payment is authorized: 10.12.4. A completed catalogue form that describes the work of art (materials, size, weight, artist biography, address, contact information). 10.12.5.Two digital photographs submitted to the Arts Council via email. 10.12.6. A maintenance plan. VI.APPENDIX F I Revised Guidelines 34 94 Lake Oswego Public Art EXHIBIT A FY Annual Work Plan PUBLIC ART PROJECTS YEAR AND TYPE PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J / ) YEAR BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) CD (Public Art Plan adopted J_/ ) TOTAL VI.APPENDIX G Sample Work Plan Template 95 Lake Oswego Public Art EXHIBIT A FY Annual Work Plan YEAR PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) CD (Public Art Plan adopted J__ /) CD YEAR BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J__ /) CD YEAR BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J_/ ) CD CRITICAL CAPITAL NEEDS PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J__ /) CD BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J_/ ) CD PUBLIC ART FUND PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted_/ / ) PUBLIC ART PROJECTS* / COMBINED BUDGETS TOTAL *Other public art projects in City Council approved public art plans may be initiated to align with the City's schedule for the underlying Capital projects. VI.APPENDIX G Sample Work Plan Template 96 Lake Oswego Public Art EXHIBIT A FY Annual Work Plan CD COLLECTION MANAGEMENT BUDGETS FUNDING SOURCE(S) Acquisition and Placement Technology Upgrades,Routine Collection Management(Cleaning,Repairs) Murals Interpretation Artwork Gifts and Loans CD COMMUNITY ENGAGEMENT ACLO CONTRACT CD PROGRAM ADMINISTRATION ACLO CONTRACT VI.APPENDIX G 1 Sample Work Plan Template 97 EXHIBIT A EXHIBIT B SPECIFIC PROJECTS FOR FY 26 27 through FY 28 29 The Arts Council shall implement and successfully complete the following specific projects: None identified at this time. Page 10—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS 13.1 REDEVELOPMENT AGENCY REPORT O OREGO� Subject: North Anchor Project—Sixth Amendment to the Disposition and Development Agreement Meeting Date: June 2, 2026 Staff Member: Megan Braunsten, Redevelopment and Economic Development Program Manager Report Date: May 22, 2026 Department: Community Development Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Staff recommend the LORA Board authorize the LORA Executive Director to sign the Sixth Amendment to the DDA. Recommended Language for Motion: Move to authorize the LORA Executive Director to sign the Sixth Amendment to the DDA. Project/ Issue Relates To: North Anchor Redevelopment Project Issue before LORA Board (Highlight Policy Question): ❑X Council Goals/Priorities ❑X Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE LORA Board Should the Lake Oswego Redevelopment Agency (LORA) Board amend the Disposition and Development Agreement (DDA) with Urban Development + Partners (UD+P) to separate the hotel and multifamily portions of the project and extend the schedule for both. BACKGROUND On December 7, 2021, the Lake Oswego Redevelopment Agency (LORA) entered into a Disposition and Development Agreement (DDA) with Urban Development Partners (UD+P) for Respect. FYrel'er,-e Trust. 5n':-ir 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 the redevelopment of the North Anchor properties located at 1st Street and B Avenue. (See map below.) The City and UD+P have modified the DDA five times, most recently on October 5, 2025, authorizing the sale of Parcels B and C to UD+P. UD+P's redevelopment proposal currently includes: • Boutique hotel ("Parcel A" at the corner of B Avenue and 15t Street) o One 4-story building o 88 hotel rooms o "10,000 square feet restaurant and spa o On-street and off-street parking o Additional valet parking to be provided off-site • Mixed-use residential ("Parcel B" and "Parcel C" along B Avenue between 15t Street and N State Street) o Two 4-story buildings o 66 apartments, including eight units affordable to households whose incomes are 80% or less of area median income o "5,700 square feet of ground floor retail o On-street and off-street parking - _1 i rrr :rim- ; 1� — ' •. PARCEL A /P • I Hotel LLALI �� ARCED B 1 cc • MLi(tj . PAR CEC ' ._1: Ac... ' •m��y Mu(ti- - I- Z V E AVENVE 11644111 DISCUSSION Since the September 16, 2025 presentation to the LORA Board that culminated in the approval of the fifth amendment to the DDA, UD+P has: • Purchased parcels B and C • Continued to pursue financing and investment strategies for both projects • Met with planning staff to review minor modifications to the land use approval for the multi-family portion of the project They presented a discussion of these efforts at the May 5, 2026, LORA Board meeting, with an acknowledgement they would be requesting a sixth amendment to the DDA. The proposed sixth amendment to the DDA contains the following modifications: Respect. Excellence. Trust. Service 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 3 • Separating the schedule of the hotel and mixed-use residential components of the project. • Extending the hotel component by thirteen months with a end of year check in: o By December 30, 2026, UD+P shall either demonstrate to LORA that it has secured equity and debt financing for the hotel or provide an analysis of one or more alternative uses for Parcel A (ex: additional mixed-use residential). LORA is under no obligation to move forward with the alternatives. o If, by March 1, 2027, an agreement has not been made regarding development of Parcel A, then LORA may terminate UD+P's rights regarding Parcel A. o If by December equity and debt financing have been secured, UD+P anticipates acquiring the property and starting construction by August 31, 2027. • Extending the mixed-use residential component by one year: o By December 31, 2026, UD+P will commence demolition of the office building on Parcel B. o By July 8, 2027, UD+P will commence construction. o By June 30, 2029, UD+P will complete construction. • Updating the section of the DDA that covered Default, specifically updating: o Subject to "Unavoidable Delay", if UD+P causes a breach of contract, then they have a total of 150 days to cure the breach before the contract ends. (Currently, this section allows 270 days.) o Revises the definition of"Unavoidable Delay" to exclude UD+P's inability to secure equity or financing before closing on a property from the list. • Clarifications regarding LORA's remedies if construction of the mixed-use residential component does not occur per the schedule. • Updating contact information for both parties. A draft of the DDA Amendment is included as Attachment 1. A summary of the current and proposed deadlines outlined in the draft DDA Amendment is shown below. Respect. Excellence. Trust. Service 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 4 NORTH ANCHOR PROJECT Deadline Overview 2024 2025 2026 2027 2028 2029 Current Proposed Deadline Extension Q1 Q2 Q3 Q4 DDA Final Pre-Closing Termination Date 6/30/27 6/30/28 6/30 Mixed-Use Residential Property Closing Demo of Office Building on Parcel B N/A 12/31/26 Proof of Financial Wherewithal 6/3/26 6/3/27 6/3 Building Permits 7/8/26 7/8/27 Begin Construction 7/8/26 7/8/27 7/8 Environmental Review/Remediation 10/8/26 10/8/27 DEQ"No Further Action"Letter 12/31/26 12/31/27 • Complete Construction(18 months) 6/30/28 6/30/29 Hotel Project Check-in N/A 12/30/26 12/30 Proof of Financial Wherewithal 6/3/26 12/30/26 12/30 Property Closing 6/30/26 12/30/26 12/30 Building Permits 7/8/26 8/31/27 8/31 Begin Construction 7/8/26 8/31/27 8/31 Complete Construction(18 months) 6/30/28 8/31/29 811111111L . The separate timelines for the hotel and mixed-use residential components reflect differences in the ability to secure equity financing and, consequently, begin construction. UD+P has obtained the majority of equity needed for construction of the mixed-use residential component and all debt. Construction can therefore begin once UD+P obtains permits. The extension requested in this sixth amendment to the DDA for the mixed-use component will give UD+P time to finalize the current modifications to the land use approval and resubmit for building permits, which previously expired. It also includes a new date this fall to begin demolition of the building on Parcel B. The hotel component still needs to secure a substantial portion of its equity financing. A significant milestone occurred within the past month with the County's approval of CPACE financing. With this approval, UD+P has secured all necessary debt financing for the project. According to UD+P, equity partners often wait until debt financing is in place before committing to a project. Over the next few months, UD+P will use this milestone to continue discussions with potential equity partners. However, the economic conditions for hotel development continue to be challenging. Therefore, if UD+P is unsuccessful in securing equity, the draft sixth amendment includes an off-ramp for the hotel project. By the end of the year, UD+P is requested to come to the LORA Board either with proof of financing for the hotel or an analysis of other uses that could be more likely to be financed and developed on that site. Respect. Excellence. Trust. Service A 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 5 RECOMMENDATION Authorize the Executive Director to execute the sixth amendment to the December 7, 2021, Agreement for the Disposition and Development of the North Anchor Properties. ATTACHMENTS 1. UD+P's request to amend the Disposition and Development Agreement 2. DRAFT Sixth Amendment to Agreement for the Disposition and Development of North Anchor Properties Respect. FYrel'erce. Trust. 52,:-ir 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 Up-4 p URBAN DEVELOPMENT PARTNERS May 12, 2026 Lynn Peterson Executive Director Pro Tern City of Lake Oswego Redevelopment Agency PO Box 369 Lake Oswego, OR 97034 RE: North Anchor Disposition and Development Agreement Amendment#6 Request for Extension Dear Lynn, I am writing to respectfully request an amendment to the North Anchor Disposition and Development Agreement ("DDA") to allow UD+P additional time to secure financing for the Hotel Component as well as secure remaining equity and design approvals on the Mixed Use Component (i.e., Apartments). Amid persistent economic headwinds, we have made progress on both projects since executing Amendment#5 in October. HOTEL For the Hotel Component, we have received a debt term sheet from a prospective lender while dialogue with equity partners is ongoing to finalize the remaining terms of their potential investment. We have also seen Clackamas County approve its C-PACE program and make progress on implementing it. This approval and implementation provide a critical financing piece of the Hotel's capital stack. The Hotel's program has also been refined in the months since our last LORA meeting in the Fall. We have refined and expanded the Hotel's spa amenity to become a 10,000sf destination for restorative wellbeing. The addition of a thermal spa in the Hotel, located in the area formerly occupied by the Hotel's on-site parking, increases the Hotel's overall feasibility as the hospitality market pivots from prioritizing craft food and beverage offerings to embracing Page 1 wellbeing. To mitigate the traffic and parking impacts of the additional spa area, we have revised our parking strategy to reduce impacts on the neighborhood. Specifically we are in advanced negotiations with a nearby land owner to surface park our guests' vehicles. UD+P remains committed to expediting the Hotel's predevelopment schedule once we have commitments from equity partner (s). We expect the Hotel's groundbreaking to occur approximately 12 months after equity commitment and look forward to the opportunity to work with the City to streamline all necessary entitlement and permitting approvals. Once under construction, we expect the Hotel to be complete within 20 months. To maintain transparency with LORA, we are proposing, with Amendment#6, a meeting with LORA no later than December 30, 2026 to review the Hotel's capitalization. If we are unsuccessful in securing the necessary debt and equity commitments by that time, UD+P would present alternative development programs for the Hotel's site for LORA's consideration. If LORA does not wish to proceed with an alternative program/s, LORA, in its sole discretion, may terminate UD+P's right to develop the Hotel site (Parcel A). Following UD+P's status meeting on the Hotel by December 2026, DDA Amendment#6 includes a construction commencement (& related activities) deadline of August 31, 2027 which allows for commercially reasonable permitting and debt closing timelines. APARTMENTS In the months since we last met with LORA, the Apartments have raised 100% of the equity needed for Parcel B, with an additional 33% raised for Parcel C. We have also received 8 debt term sheets from prospective lenders in the last 2 months, a sea change in lender interest compared to market conditions over the last few years. Of the equity raised for the Apartments to date, $2.5MM has been spent in the last 6 months to purchase the pair of sites (Parcels B & C) from the City. Additionally, we intend to spend another$1MM of equity over the coming 6 months to demolish the existing office building on Parcel B and to continue with preconstruction activities, contingent on DDA Amendment#6 and entitlement approvals. We have also worked diligently in recent months to secure State DEQ approval of our work plan to remove the underground storage tanks beneath Parcel C. This is an important step towards readying the site for construction to commence. Another key step for UD+P since the Fall has been continued design refinements that improve Page 2 project feasibility while maintaining its design excellence. We are preparing to hold a 2nd Pre-Application Conference with City Planners in the coming days to review these design refinements in greater detail, but preliminary working sessions between UD+P and the City have validated the project's ability to route these changes through Staff-level Development Review process instead of a full Commission-level review. This lesser tier review path enables the project an opportunity to apply for a building permit sooner which similarly enables construction to commence in late Q4 2026 instead of our currently planned early Q1 2027 start date. Once under construction, we expect the Apartments to be complete within 18 months. Like the Hotel, UD+P stands ready to work with the City to expediate the project's permit review process however we can. Besides securing financing, permitting remains both projects' primary schedule risk. DEFAULTS & REMEDIES In addition to the DDA Amendment#6 changes outlined above, and the rationale in support of them, UD+P has worked with City Staff to revise the remedy period in the event of an Agreement breach. Originally set at 270 days,Amendment#6 proposes to reduce that cure period to 180 days. This duration shortens the cure period by 90 days while still allowing for time to coordinate with 3rd parties should the breach's cure depend in part on the engagement and deliverables of others. UD+P has also worked with City Staff to clarify language on the mechanics of LORA's remedies on the Apartments. We look forward to a continued strong partnership with the LORA on the North Anchor projects and to bringing them both to fruition for UD+P and the community. Sincerely, Eric Cress President Urban Development Partners Page 3 ATTACHMENT 2 SIXTH AMENDMENT TO AGREEMENT FOR THE DISPOSITION AND DEVELOPMENT OF NORTH ANCHOR PROPERTIES,CITY OF LAKE OSWEGO AMONG: THE LAKE OSWEGO REDEVELOPMENT AGENCY, the Urban Renewal Agency of the City of Lake Oswego ("LORA") AND: NORTH ANCHOR HOTEL LLC, an Oregon limited liability company ("Hotel LLC") AND: NORTH ANCHOR RESIDENTIAL LLC, an Oregon limited liability company ("Residential LLC") AND: ROTH PROPERTIES 4 (O'REILLY) LLC, a Delaware limited liability company ("Apartment Assignee") EFFECTIVE DATE: June 3, 2026 RECITALS A. LORA and Urban Development Partners — NW, an Oregon limited Partnership ("UDP"), the predecessor-in-interest to Hotel LLC and Residential LLC, entered into that certain Agreement for the Disposition and Development of North Anchor Properties, City of Lake Oswego dated December 7, 2021 (the "Original DDA");that certain Clarification Agreement Related to the Disposition and Development of North Anchor Properties,City of Lake Oswego dated March 14,2022(the"Clarification");that certain First Amendment to Disposition and Development of North Anchor Properties, City of Lake Oswego dated November 18, 2022 (the "First Amendment"); that certain Second Amendment to Disposition and Development of North Anchor Properties, City of Lake Oswego dated September 27, 2023 (the "Second Amendment"); that certain Third Amendment to Disposition and Development of North Anchor Properties, City of Lake Oswego dated December 28, 2023 (the "Third Amendment"); that certain Fourth Amendment to Disposition and Development of North Anchor Properties,City of Lake Oswego dated June 18, 2024 (the "Fourth Amendment"), and that certain Fifth Amendment to Disposition and Development of North Anchor Properties, City of Lake Oswego dated October 6, 2025 (the "Fifth Amendment"). The Original DDA,as modified by the Clarification, First Amendment,Second Amendment,Third Amendment, Fourth Amendment, and Fifth Amendment is hereinafter referred to as the "DDA." B. Pursuant to the Fifth Amendment, UDP assigned those portions of the DDA that relate to the East Property and the Mixed Use Component to Apartment Assignee and assigned those portions of the DDA that relate to the West Property and the Hotel Component to Hotel LLC. Immediately following the partial assignment by UDP to Apartment Assignee, Apartment Assignee ground leased the East Property to Residential LLC. Pursuant to such ground lease, Residential LLC is responsible for fulfilling the obligations under the DDA that relate to the East Property and the Mixed Use Component. A memorandum of the ground lease between Apartment Assignee and Residential LLC dated October 10, 2025 was recorded in the Clackamas County Official Records on October 13, 2025, as document number 2025-039894. C. LORA, Hotel LLC, Apartment Assignee, and Residential LLC are entering into this Amendment for the purpose of modifying certain deadlines set forth in the DDA, all on the terms and conditions of this Sixth Amendment to Agreement for the Disposition and Development of North Anchor Properties,City of Lake Oswego (this "Amendment"). D. Capitalized terms used but not defined in this Amendment shall have the meanings given to such terms in the DDA. AGREEMENT NOW, THEREFORE, each of the parties to this Amendment, in consideration of the foregoing recitals, the following promises and the agreements of the other party, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, covenant and agree as follows: 1. UPDATED SCHEDULE. Schedule 1.35 (Schedule of Performance) attached to the DDA is deleted in its entirety and replaced with Schedule 1.35 attached as Exhibit A to this Amendment. 2. FINAL TERMINATION DATE. The Final Termination Date, as defined and set forth in Section 2.11 of the DDA, is hereby extended to June 30, 2028. 3. HOTEL FINANCING;ALTERNATIVE DEVELOPMENT;TERMINATION 3.1 Hotel Financing Period. No later than December 30, 2026, Hotel LLC shall have provided to LORA the documentation contemplated by Section 2.8.3.6 of the DDA to allow the Executive Director, in accordance with Section 2.8.3.6 of the DDA, to determine whether Developer has equity and debt financing commitments sufficient to construct the Hotel Component in accordance with the Schedule of Performance. 3.2 Alternative Development Analysis Period. If Hotel LLC has not secured financing for the Hotel Component by December 30, 2026, then no later than December 30, 2026, Hotel LLC may instead evaluate and present to LORA a brief analysis of one or more alternative development programs for the West Property,which alternatives shall be consistent with the applicable urban renewal plan.At the time any such alternative development program is presented, Hotel LLC shall demonstrate that its plan to secure financing sufficient to develop the proposed alternative and shall propose a draft Seventh Amendment to the DDA committing to a commercially reasonable timeline for commencement and completion of construction. 3.3 No Obligation to Approve Alternatives.Any alternative development concept presented pursuant to Section 3.2 shall be subject to review and approval by LORA in its sole discretion. Nothing herein shall be construed to obligate LORA to approve, negotiate, or proceed with any such alternative development concept. 3.4 Termination Right. If, by March 1, 2027, the parties have not reached a mutually acceptable agreement regarding development of the West Property,then LORA, in its sole discretion and notwithstanding any other provision of this Agreement or any prior agreement,may terminate UDP's right or ability to develop the West Property. In this event, the cure period provided in Section 10.1.1.1 is not applicable, LORA's termination shall not constitute a breach of the DDA, and UDP shall have no remedy against LORA related to such termination. Page 2-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES Error! No document variable supplied. 4. MIXED USE COMPONENT. On or before the date set forth in the Schedule of Performance, Residential LLC shall demolish or shall cause to be demolished the office building that currently exists on a portion of the East Property.The foregoing demolition obligation does not include the existing buildings on the East Property that were previously used as a gas station and laundromat, which buildings will remain on the East Property until commencement of construction of the Mixed Use Component. 5. DEFAULT; REMEDIES. Section 10.1.1.1 of the DDA is hereby deleted in its entirety and replaced with the following: "10.1.1.1 Subject to Unavoidable Delay,the breach of a provision of this Agreement in any material aspect,whether by action or inaction,which continues and is not remedied within thirty (30) days after LORA has given written notice to UDP specifying the breach; provided that if such breach cannot with due diligence be cured within a period of thirty(30) days, UDP will have up to one hundred twenty (120) additional days to cure the breach, and in such event the breach will not constitute a breach so long as the cure is accomplished within the additional 120-day period." 6. UNAVOIDABLE DELAYS. Section 10.5.2 of the DDA is deleted in its entirety and replaced with the following: "10.5.2 Unavoidable Delays. From the Effective Date, neither LORA, nor UDP, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to any obligations created hereunder or progress in respect thereto except the obligation to pay money(but not the Purchase Price if Closing is delayed), in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence ("Unavoidable Delay"), including but not limited to acts of God, or of the public enemy,acts of the Government,election results,acts of the other Party,fires,floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquake, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment,facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a Party or others relating to zoning or other governmental action or inaction pertaining to the Project, litigation or court rulings preventing or delaying the ability to remove a tenant or other occupant of the North Anchor Properties, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar events and/or occurrences beyond the control of LORA or UDP (provided, however, that UDP's lack of funds or inability to secure financing shall not be considered an Unavoidable Delay); it being the purpose and intent of this provision that in the event of the occurrence of any such Unavoidable Delay the time or times for performance of the obligations of LORA or UDP, as the case may be, shall be extended for the period of the Unavoidable Delay; provided, that the Party seeking the benefit of the provisions of this subsection shall, within thirty (30) days after the Party becomes aware of or reasonably should have become aware of the causes of any such Unavoidable Delay, have first notified the other Party in writing of the cause or causes thereof and the estimated time of correction. Except as expressly set forth in this Agreement, any action or failure to act by a Party pursuant to this Agreement which is not due to Unavoidable Delay shall not excuse the performance hereunder by that Party." 7. LORA'S POST CONVEY REMEDIES. Section 10.3.1 of the DDA, as last modified by the Fifth Amendment, is hereby deleted in its entirety and replaced with the following: Page 3-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES Error! No document variable supplied. "10.3.1 Failure to Timely Commence Construction. In the event the Apartment Assignee or Residential LLC fails to Commence Construction or cause the Commencement of Construction of the Mixed Use Component on or before the outside date set forth in the Schedule of Performance, then LORA may either (a) enforce the completion guaranty provided under Section 2.8.3.7(a), or (b) beginning on the one hundred and twenty-first (121st) day after LORA has provided notice of breach under Section 10.1.1.1 and continuing for sixty(60)days thereafter(the"Repurchase Period"), have the right to repurchase the East Property for the Repurchase Price, without representations and warranties from Apartment Assignee or Residential LLC (the "Repurchase Right"). To exercise the Repurchase Right, LORA shall provide written notice to Residential LLC and Apartment Assignee on or before the expiration of the Repurchase Period of LORA's intent to exercise such right and shall then have ninety (90) days after delivery of such notice to close the repurchase transaction. If such repurchase transaction closes,Apartment Assignee shall reconvey the East Property to LORA pursuant to a bargain and sale deed and subject to all encumbrances of record. The Repurchase Right shall automatically terminate when Residential LLC obtains financing acceptable to LORA for construction of the Mixed Use Component in accordance with Section 2.8.3.6 and delivers to LORA the completion guaranty as contemplated under Section 2.8.3.7. As used in this Section 10.3.1, the "Repurchase Price"means the Purchase Price for the East Property,together with hard costs incurred after the date of Closing, by either of Apartment Assignee or Residential LLC in pursuit of the Mixed Use Component, including demolition of existing structures. If LORA exercises the Repurchase Right, Residential LLC and Apartment Assignee agree that the Ground Lease authorized by the Fifth Amendment will terminate upon the closing of such repurchase." 8. NOTICES. Section 14.3 of the DDA is hereby amended as follows: Notices sent to each of Residential LLC and Hotel LLC under Section 14.3 of the DDA shall be directed to the attention of Cody McNeal, cody.mcneal@udplp.com with copies to Radler White Parks & Alexander per the Original DDA. Notices to LORA shall be directed to the City Attorney's Office at cao@lakeoswego.city. 9. MISCELLANEOUS PROVISIONS. 9.1 Effect. This Amendment modifies and amends the DDA, and the terms and provisions hereof shall supersede and control over any contrary or conflicting terms and provisions set forth in the DDA. The DDA, as amended by this Amendment, remains in full force and effect and is hereby ratified by each of the Parties. 9.2 Headings. Section headings contained herein are for convenience or reference only and shall not govern the interpretation of any of the provisions contained herein. 9.3 Execution. This Amendment may be executed in multiple counterparts, each of which, when assembled to include a signature by each Party, shall constitute one complete and fully executed document.Counterparts to this Amendment may be executed and delivered by e-mail or electronic means (e.g., DocuSign). Page 4-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES Error! No document variable supplied. IN WITNESS WHEREOF,the Parties have executed this Amendment as of the Effective Date. RESIDENTIAL LLC: LORA: NORTH ANCHOR RESIDENTIAL LLC, LAKE OSWEGO REDEVELOPMENT AGENCY, an Oregon limited liability company an urban renewal agency of the City of Lake Oswego By: Tabor IV LLC, an Oregon limited liability company Its: Manager By: Lynn Peterson, Executive Director By: Urban Development Partners— NW, an Oregon limited partnership APPROVED AS TO FORM: Its: Manager By: AES Interest, Inc., An Oregon corporation Erica Tatoian, City Attorney Its: General Partner By: Daniel Eric Cress, President HOTEL LLC: TABOR IV LLC, an Oregon limited liability company By: Urban Development Partners—NW, an Oregon limited partnership, its Manager By: AES Interests, Inc., an Oregon corporation, its General Partner By: Daniel Eric Cress, President NAITO DEVELOPMENT LLC, an Oregon limited liability company By: Printed Name: Its: SIGNATURE PAGE—Sixth Amendment to N.Anchor DDA APARTMENT ASSIGNEE: ROTH PROPERTIES 4(O'REILLY) LLC, a Delaware limited liability company By: Matson Management, LLC a California limited liability company By: William Matson McCauley, Manager Exhibit A-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES Exhibit A Schedule 1.35 Schedule of Performance- North Anchor Project DDA Ref. Task Deadline 7-Dec-2021 Execute DDA ("Effective Date") Completed 7-Dec-2021 2.8.2.4 City to issue 90-day lease termination notice(s) Completed BOLT Completed 12-Dec-2021 2.8.1.7 Submission of BOLT predetermination request Completed 12-Ma r-2022 BOLT review of predetermination letter request Completed Both parties satisfaction of content of BOLT pre- 22-Mar-2022 determination letter Completed Notice of Number of Transactions & Earnest Money UDP to provide written notice of election to execute Phased 11-Dec-2022 2.2 Conveyance of Properties Completed 9-Dec-2021 2.4 UDP makes Earnest Money deposit Completed 2.11 Final Termination Date 30-Jun-2028 Schedule of Performance to Close on First Project Component (Multi-Family/Retail) Title LORA to cause Title Company to provide updated preliminary 17-Dec-2021 2.5 title report (with copies of all special exceptions)to UDP Completed Schedule of Performance for First Component Close UDP submits Land Use Approved Plans and CDs to LORA ED(for 8-Dec-21 2.8.3.2 consistency with Land Use Application Plans) Completed Closing UDP to cause the closing of the acquisition of property for Completed 2.7 first Project Component and to ground lease the property October 10, 2025 Exhibit A-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES that is the subject to such closing from the owner thereof Component Post-Closing Activities— Environmental Activities UDP to complete all work set forth in DEQ-approved HMP 3.1.1.1 and CMMP 08-Oct-2027 3.1.1.1 UDP to obtain "No Further Action" letter from DEQ 31-Dec-2027 Construction 28-Feb-2022 7.7 UDP to submit complete Land Use Application Plans to LORA _ Completed LORA to provide UDP with design specifications for Right-of- i 31-Mar-2022 7.6 Way improvements Completed UDP to commence demolition of existing office building on 4.1 (6th am) East Property 31-Dec-2026 LORA Executive Director is satisfied that the Final Construction Plans and Specifications are materially consistent with the Land Use Application Plans or consistent with any material changes to the Land Use Application Plans 2.8.3.2 agreed to by the Parties 03-Jun-2027 UDP provides evidence of funding capacity to meet 2.8.3.3 environmental responsibilities to LORA ED 03-Jun-2027 UDP provides evidence of necessary funding commitments 2.8.3.6 to complete the project, including budgets and proformas 03-Jun-2027 2.7 UDP to Commence Construction 08-Jul-2027 All final non-appealable land use approvals and other governmental approvals have been obtained, or any appeal 2.8.1.1 that has been filed has reached a final resolution 08-Jul-2027 Permits sufficient to Commence Construction have been 2.8.1.2 obtained 08-Jul-2027 Final Construction Plans and Specifications have been 2.8.1.4 approved by the City and by applicable agencies 08-Jul-2027 UDP and a general contractor have provided certifications 2.8.1.5 to LORA that a Construction Contract has been executed 08-Jul-2027 2.8.3.7 UDP provides completion guaranties 08-Jul-2027 UDP to complete construction of East Property (including 7.2 associated public improvements) 30-Jun-2029 Exhibit A-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES Schedule of Performance to Close on Second Project 2.7 I Component(Hotel) Title LORA to cause Title Company to provide updated preliminary 17-Dec-2021 2.5 title report (with copies of all special exceptions)to UDP Completed Schedule of Performance for Second Component Close UDP submits Land Use Approved Plans and CDs to LORA ED(for 8-Dec-2022 2.8.3.2 consistency with Land Use Application Plans) Completed Closing UDP to close on acquisition of property for second Project 2.7 Component 31-Aug-2027 Post-Closing Activities Construction LORA Executive Director is satisfied that the Final Construction Plans and Specifications are materially consistent with the Land Use Application Plans or consistent with any material changes to the Land Use 2.8.3.2 Application Plans agreed to by the Parties 31-Aug-2027 UDP provides evidence of funding capacity to meet 2.8.3.3 environmental responsibilities to LORA ED 31-Aug-2027 UDP provides evidence of necessary funding commitments 2.8.3.6 to complete the project, including budgets and proformas 31-Aug-2027 UDP to Commence Construction on second Project 2.7 Component 31-Aug-2027 All final non-appealable land use approvals and other governmental approvals have been obtained, or any appeal 2.8.1.1 that has been filed has reached a final resolution 31-Aug-2027 Permits sufficient to Commence Construction have been 2.8.1.2 obtained 31-Aug-2027 Final Construction Plans and Specifications have been 2.8.1.4 approved by the City and by applicable agencies 31-Aug-2027 UDP and a general contractor have provided certifications 2.8.1.5 to LORA that a Construction Contract has been executed 31-Aug-2027 2.8.3.7 UDP provides completion guaranties 31-Aug-2027 UDP to complete construction of Second Project 7.2 Component(including associated public improvements) 31-Aug-2029 Exhibit A-SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT/NORTH ANCHOR PROPERTIES 16.1 V o� 0 E 0 COUNCIL REPORT � — OREGO� Subject: Criteria for New Library Site Selection and Reuse of Existing Library Site Meeting Date: June 2, 2026 Staff Member: Melissa Kelly, Library Director Report Date: May 22, 2026 Department: Library Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution , ❑X Not Applicable ❑ Information Only Comments: ❑X Council Direction ❑ Consent Agenda Staff Recommendation: Provide direction to staff on the development of criteria to be applied to new library site selection and existing library site reuse decisions, respectively. Recommended Language for Motion: N/A Project/ Issue Relates To: Council goal initiative to "Develop a strategy for an expanded and modern library facility, prioritizing the West side of town and urban renewal funding options, allowing it to serve as an all-ages and all-activities community center." Issue before Council (Highlight Policy Question): ❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable EXECUTIVE SUMMARY The existing library facility is reaching end of life and needs to be rebuilt on a larger site in order to meet community needs. Council has approved a two-track, three-phase public process for site decisions to be made. The first phase includes the development of two sets of criteria to guide community task force work and future decision-making related to reuse of the existing library site and site selection for a new library site. Respect. F,. PI'P,.,_P Trust. Se'vi. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 June 2 is scheduled to be the first of two study sessions to develop these sets of criteria. The second study session is currently scheduled on July 7. Then Council will have a chance to fine- tune the criteria before final adoption. BACKGROUND Building Condition The existing library facility has reached the limits of its useful life, with significant and worsening seismic, water intrusion, building system, and accessibility deficiencies. These conditions constrain safe, reliable, and equitable service delivery and will continue to escalate over time, limiting the library's ability to meet core community needs and expectations. Estimated costs to address current safety and maintenance needs are approximately$10 million. While maintenance can extend operations in the short term, it does not resolve core building limitations or the constraints of the site itself. A replacement strategy aligns public investment with lifecycle value, risk reduction, and long-term community needs. Site Constraints In 1974, local voters approved a bond to construct a 35,000-square-foot library. In 1977, a citizen advisory committee found that the library should be rebuilt on a site of at least 2 acres. They also recommended that it be moved to the vicinity of Kruse Way and Boones Ferry Road. However, in the end the library was rebuilt on the 1.1 acre existing site at 706 Fourth Street. Due to the inherent constraints of the site, the facility was ultimately built 23% smaller than voters approved, at only 27,100 square feet. The disconnect between community need and physical capacity is a decades-old challenge. Since 1983, the library has operated on this restricted footprint. During this time, the role of the library in society has expanded significantly, shifting from a traditional book repository to a vibrant community hub. Despite creative use of the space, the existing site can no longer accommodate the growth in usage or the demand for new, diverse services. In order to expand library services to meet community needs and expectations, a larger site is required. Council& Community Direction Since 2022, as part of the annual Council goal setting process, Council has included a goal around the need for an expanded library presence that would replace the failing building and include the space and amenities to serve Lake Oswego's current and future needs. Council's current goal pertaining to the library, adopted March 2026, is to "Develop a strategy for an expanded and modern library facility, prioritizing the West side of town and urban renewal funding options, allowing it to serve as an all-ages and all-activities community center." In 2023, the City launched a comprehensive "Library Visioning Process" to define the library's role for the next several decades. The process included input from nearly 3,000 residents, in the form of a Library Visioning Task Force, community survey, and dozens of consultant-led community interviews, open houses and focus groups. The process found that: Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 3 • The community's vision for the library centers around an accessible, adaptable, and creative library that is responsive to both evolving user needs and the ever-changing information landscape. • Top priorities include addressing the library's facility needs, expanding services and programs, improving communication and outreach to all residents, and increasing accessibility and convenience. • Expanding the physical footprint in a location that is proximate to west side residents is crucial to achieving the community's vision. The library's existing geographic location in the NE corner of its service area is not accessible for most residents. To address this, different service models were recommended by the consultant and explored by staff, including one large library that would be more centrally located, one large main library with one small branch, and two sister-sized libraries. When the findings and recommendations from the Library Visioning Process were presented to Council on July 18, 2023, Council gave firm direction that the City cannot afford the long-term operational costs of staffing and maintaining two locations, and that future work needs to be focused on one large library proximate to west side residents. Lake Oswego's 2025 community survey results highlight the top priority spaces that residents feel are needed in a new facility, including: • Multi-purpose rooms for large meetings, classes, storytimes, and events (79%) • Indoor children's play area designed for learning through play (79%) • Smaller rooms for meetings, workshops, or study groups (72%) • Makerspace with tools and technology to create, invent, and learn (70%) • Dedicated space for teens to socialize, study, and connect (70%) • Auditorium space for speakers, events, concerts, and community performances (70%) • Community outdoor space that connects to a public building (70%) These spaces are consistent with 21'century library design in the region and across the nation. Community surveys and other forms of input have also consistently found that access to the library's physical collections is highly valued and should be maintained. As a highly educated community, Lake Oswego residents borrow library materials at more than 3 times the national average. As of 2026, the conversation has moved from "if" the library facility needs to be addressed to "how" the City can best deliver a facility that matches the community's high usage and expectations. A replacement strategy on a larger site is the only viable way to provide the space and amenities—such as large-scale public meeting rooms, expanded children's and teen areas, and a makerspace—that the 1983 building and constraints of the existing site simply cannot accommodate. Financial Feasibility Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 4 Council has made clear that fiscal responsibility is a key priority when planning to replace the library. To keep costs low for taxpayers, Council's goal statement includes prioritizing urban renewal funding options. Selecting a site within an urban renewal district with the capacity to fund a large building project would significantly reduce the cost of library construction for residents. Sustainable design is another way to reduce long-term operational costs. Furthermore, strong public engagement will shape the final scope and overall cost of the project to ensure it is financially feasible for the community. Existing Site Considerations The existing library site consists of eight lots. Four of the lots were purchased by the City, and the other four lots were generously donated to the City by the Gray family for library purposes. The City Attorney's Office is working on evaluating the purchase and donation history, as well as the scope of any deed restrictions. That information will guide the City in evaluating future uses of the site. The future of the existing site is of high concern to the surrounding neighborhood and other key stakeholders. An ad-hoc community task force is recommended to help guide the decision- making around the future of the site. The task force would bring together key community stakeholders including, but not limited to, First Addition neighborhood members, downtown business owners, youth, City board and commission members, and a City Council representative. Approved Framework for Site Decisions To support the next steps of Council and community decision-making around a replacement strategy for a new library, on May 19, 2026 Council approved a public process that is intended to: • Identify and narrow options for a future library site • Identify and narrow options for reuse of the existing site Each track will be guided by an ad-hoc community task force, and accomplished through three phases of work: • Criteria phase: resulting in clear, adopted criteria for decision making about future library site selection and reuse of the existing site • Analysis phase: resulting in a clear understanding of the pros and cons of potential sites for a future library, and pros and cons of reuse scenarios for the existing site, as developed by two community task forces • Decision phase: resulting in formal adoption of a top site, and backup site, for a future library, and the formal adoption of a reuse recommendation for the existing site Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 5 Each phase will include at least one study session with Council, opportunities for public participation to shape the decision-making process, and a Council business item to formalize key decisions. The timeline for the three phases of work was initially proposed by staff as running from June 2026-March 2027. Taking into account the need for deeper community engagement, staff are now anticipating an extension of the timeline into the Summer of 2027. For robust public engagement, the following task forces will be assembled: • Future Library Task Force: Using the criteria set by Council, community members on the Future Library Task Force would help Council to refine evaluation criteria for the project, identify properties of interest, evaluate and analyze potential options, and make recommendations to Council. • Library Site Reuse Task Force: Using the criteria set by Council, community members on the Library Site Reuse Task Force would help Council to develop reuse scenarios, analyze them and present that analysis to Council, and then based on Council feedback, return with a final reuse recommendation. June 2 is scheduled be the first of two study sessions to discuss and develop base criteria. The second study session is currently scheduled on July 7. Then Council will have a chance to fine- tune the criteria before final adoption. DISCUSSION Future Site Criteria Based on previous Council and community input regarding site scope and suitability, staff are seeking more direction from Council on the base criteria that should be applied for new library site selection. Does Council want to formally establish site selection criteria related to any of the following aspects of site scope and suitability? • Adequately sized o A site that is large enough to accommodate core needs of the facility, including parking and usable outdoor space. ■ This could be a lot, or multiple adjacent lots, that could be purchased, or it could be a private or public shared site with redevelopment potential. o A library building consultant has been hired to study our facility space needs and provide a range of square footage estimates for three different building scopes. At the next study session on criteria, the consultant will present their findings to Council, so that an informed decision can be made. Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 6 o Shape and topography of a site are also important factors in site selection to ensure there is an adequate buildable footprint, as is understanding if any part of a site would be considered unbuildable due to sensitive lands. • Equitable and accessible location o A site that is more geographically central to the City's population. o A site in a more visible, prominent location near an arterial road. o A site that allows multimodal access (pedestrian, bike, car, public transit, etc.). • Financially feasible o A site within, or able to be brought into, an Urban Renewal District with capacity to help fund the project. Urban renewal funding is a key part of Council's financial strategy to significantly reduce the cost of the project for taxpayers. o The Lake Grove Urban Renewal District area on the West side of town is currently the only urban renewal area that meets this criterion. • Appropriate zoning o A site that can be zoned for a public library. Existing Site Reuse Criteria Staff are also seeking Council direction on the base criteria that should be applied to reuse decisions for the existing library site. Does Council want to formally establish site reuse criteria related to: • Generating revenue for the new library o To determine the potential revenue that could be generated, staff recommend getting an appraisal that would evaluate both potential resale and lease valuations. o Staff would bring the valuation to Council in a future meeting, with a recommendation that Council consider setting a dollar figure target. • Meeting zoning requirements, code regulations and deed restrictions, as applicable o Staff are in the process of gathering all of the necessary information to bring back to Council and to the community task force, to ensure that zoning, code, and deed requirements are clearly identified. ALTERNATIVES Staff recommend adopting clear criteria to guide the work of the two task forces. Staff are seeking direction on criteria that align with Council priorities as a starting point for Council discussion. Although it is Council's prerogative to identify additional criteria, it is also important to note that each additional criteria will limit the number of options that can be considered for further study. Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 7 Another approach is that Council may wish to identify additional priorities that a task force would utilize to evaluate and rank options. Community task force members may also wish to propose additional criteria or evaluation methods for Council consideration. Alternatives specific to the Library Site Reuse Task Force: • If after satisfying Council's adopted criteria, a desired outcome is to have more active park space in the First Addition neighborhood, staff recommend that the task force would need to define the desired usage and intended audience of the park space, as well as present a plan to pay for construction of the park facilities. • If of interest, a secondary task of the task force could be to advise staff on neighborhood preferences for library microservices. Options could include 24/7 hold pickup lockers, regular bookmobile visits, and library programming at the Adult Community Center and/or City Hall. A book return already exists at City Hall. FISCAL IMPACT Costs related to appraisal of the site and the facilitation of the community task forces would be absorbed by the Library Department's budget. RECOMMENDATION Provide direction to staff on the development of criteria to be applied to new library site selection and existing library site reuse decisions, respectively. ATTACHMENTS 1. Att 1 — Library site map and parcel information from LO Maps, accessed 05-26-2026 Respect. c . �i �„.,p Trust. Vie- 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY I LAIN OWWe) 3 a • : T1OAIap. ATTACHMENT 1 + — ce3 0 X r a _ a D a _ © _ III Zcorn,n Zoom Out Par Initial V rar Clear Previous Extent Find Layers Drill Down Tools Markup Help • vG0 PARCEL INFORMATION = X < --- w 47 827 a,'.,, , - —� 816 8 Site Address =706 4TH ST + 803 * 8 1 5 30 844 816 ..._ ill Details 804to N. Tax Lot Number 795 (17 21 E03DB09300 4 792 Site Address /� 706 4TH ST 780 I v- Site City 769 77 785 It 79 LAKE OSWEGO 2 755 770 769 Site Zip 775 97034 Jurisdiction 743 754 755 769 76g_ LAKE OSWEGO 744 �� I B RAR 14 727 735 75 County 726 7 C Building Area (sq.ft.) III 718 725 745 0 to Land Value 706 717 706 743 1565547 703 715 Building Value 7219170 Total Value 70 1 8784717 683 Year Built . 696 64� , 10.1 V o� 0 E 0 COUNCIL REPORT � — OREGO� Subject: Resolution 26-30, Composition and Creation of Library Site Reuse Task Force Meeting Date: June 2, 2026 Staff Member: Melissa Kelly, Library Director Report Date: May 22, 2026 Department: Library Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Adopt Resolution 26-30 to create an ad hoc Library Site Reuse Task Force. Recommended Language for Motion: Move to adopt Resolution 26-30. Project/ Issue Relates To: Council goal initiative to "Develop a strategy for an expanded and modern library facility, prioritizing the West side of town and urban renewal funding options, allowing it to serve as an all-ages and all-activities community center." Issue before Council (Highlight Policy Question): ❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE COUNCIL The existing library facility is reaching end of life and needs to be rebuilt on a larger site to meet community needs. Should the Council form an ad hoc Library Site Reuse Task Force to develop, analyze and present scenarios for future reuse of the existing library site? Respect. F,. PI'Pr,_P Trust. Se'vi. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND Building Condition The existing library facility has reached the limits of its useful life, with significant and worsening seismic, water intrusion, building system, and accessibility deficiencies. Estimated costs to address current safety and maintenance needs are approximately $10 million. While maintenance can extend operations in the short term, it does not resolve core building limitations or the constraints of the site itself. A replacement strategy aligns public investment with lifecycle value, risk reduction, and long-term community needs. Site Constraints In 1974, local voters approved a bond to construct a 35,000-square-foot library. In 1977, a citizen advisory committee found that the library should be rebuilt on a site of at least 2 acres. They also recommended that it be moved to the vicinity of Kruse Way and Boones Ferry Road. However, in the end the library was rebuilt on the 1.1 acre existing site at 706 Fourth Street. Due to the inherent constraints of the site, the facility was ultimately built 23% smaller than voters approved, opening in 1983 at only 27,100 square feet. The disconnect between community need and physical capacity is a decades-old challenge. In order to expand library services to meet community needs and expectations, a larger site is required. Council& Community Direction Since 2022, as part of the annual Council goal setting process, Council has included a goal around the need for an expanded library presence that would replace the failing building and include the space and amenities to serve Lake Oswego's current and future needs. Council's current goal pertaining to the library, adopted March 2026, is to "Develop a strategy for an expanded and modern library facility, prioritizing the West side of town and urban renewal funding options, allowing it to serve as an all-ages and all-activities community center." In 2023, the City launched a comprehensive "Library Visioning Process" to define the library's role for the next several decades. The process included input from nearly 3,000 residents, in the form of a Library Visioning Task Force, community survey, and dozens of consultant-led community interviews, open houses and focus groups. The process found that: • The community's vision for the library centers around an accessible, adaptable, and creative library that is responsive to both evolving user needs and the ever-changing information landscape. • Top priorities include addressing the library's facility needs, expanding services and programs, improving communication and outreach to all residents, and increasing accessibility and convenience. • Expanding the physical footprint in a location that is proximate to west side residents is crucial to achieving the community's vision. The library's existing geographic location in the NE corner of its service area is not accessible for most residents. To address this, different service models were recommended by the consultant and explored by staff, including one large library that would be more centrally located, one large main library with one small branch, and two sister-sized libraries. Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 3 When the findings and recommendations from the Library Visioning Process were presented to Council on July 18, 2023, Council gave firm direction that the City cannot afford the long-term operational costs of staffing and maintaining two locations, and that future work needs to be focused on one large library proximate to west side residents. Lake Oswego's 2025 community survey results highlight the top priority spaces that residents feel are needed in a new facility, including: • Multi-purpose rooms for large meetings, classes, storytimes, and events (79%) • Indoor children's play area designed for learning through play (79%) • Smaller rooms for meetings, workshops, or study groups (72%) • Makerspace with tools and technology to create, invent, and learn (70%) • Dedicated space for teens to socialize, study, and connect (70%) • Auditorium space for speakers, events, concerts, and community performances (70%) • Community outdoor space that connects to a public building (70%) These spaces are consistent with 21'century library design in the region and across the nation. As of 2026, the conversation has moved from "if" the library facility needs to be addressed to "how" the City can best deliver a facility that matches the community's high usage and expectations. A replacement strategy on a larger site is the only viable way to provide the space and amenities—such as large-scale public meeting rooms, expanded children's and teen areas, and a makerspace—that the 1983 building and constraints of the existing site simply cannot accommodate. Existing Site Considerations The existing library site consists of eight lots. Four of the lots were purchased by the City, and the other four lots were generously donated to the City by the Gray family for library purposes. The City Attorney's Office is working on evaluating the purchase and donation history, as well as the scope of any deed restrictions. That information will guide the City in evaluating future uses of the site. The future of the existing site is of high concern to the surrounding neighborhood and other key stakeholders. An ad-hoc community task force is recommended to help guide the decision- making around the future of the site. The task force would bring together key community stakeholders including, but not limited to, First Addition neighborhood members, downtown business owners, youth, City board and commission members, and a City Council representative. DISCUSSION To support the 2026 City Council goal to develop a strategy for an expanded and modern library, and to facilitate robust public engagement in this process, the creation of two task forces is recommended: a Library Site Reuse Task Force and a Future Library Task Force. Respect. Excellence. Trust. Service N 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 4 Staff propose that the Library Site Reuse Task Force begin its work first, staggered with the Future Library Task Force which is recommended to be formed in a few months' time. With the support of an experienced facilitator, staff propose that the Library Site Reuse Task Force be charged with: • Using the criteria set by Council to develop reuse scenarios for the existing site • Selecting and analyzing the top three scenarios • Presenting an analysis of the top three scenarios to Council • Based on Council's feedback, fine-tuning and analyzing Council's top two scenarios • Returning to Council with a final reuse recommendation The estimated timeline for the Library Site Reuse Task Force to complete this scope of work is August-December 2026. Guidance from the Library Site Reuse Task Force will support Council decision making about the future of the existing site and support the process of relocating and expanding the library to meet community needs. ALTERNATIVES If of interest, a secondary task of the task force could be to advise staff on neighborhood preferences for library microservices. Options include 24/7 hold pickup lockers, regular bookmobile visits, and library programming at the Adult Community Center and/or City Hall. A book return already exists at City Hall. FISCAL IMPACT Costs related to ad hoc Library Site Reuse Task Force will be absorbed by the Library Department's budget. RECOMMENDATION Staff recommends adoption of Resolution 26-30 to create an ad hoc Library Site Reuse Task Force. ATTACHMENTS 1. Resolution 26-30, Composition and Creation of Library Site Reuse Task Force — Respect. c . �i �„.,p Trust. Vie- 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 RESOLUTION 26-30 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL CREATING AN AD HOC LIBRARY SITE REUSE TASK FORCE. WHEREAS, a 2026 City Council Initiative is to "Develop a strategy for an expanded and modern library facility, prioritizing the West side of town and urban renewal funding options, allowing it to serve as an all-ages and all-activities community center." WHEREAS, the creation of an ad hoc Library Site Reuse Task Force to bring localized and broad- based community knowledge and perspective would help Council in the development and analysis of reuse scenarios for the existing site, and, ultimately, would make a final reuse recommendation to the City Council, thereby supporting the process of relocating and expanding the library in the future; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Creation. Pursuant to LOC 12.50.010(1), an ad hoc Library Site Reuse Task Force ("Task Force") is hereby created. Section 2. Membership. The Task Force's membership shall consist of not more than 20 community members, appointed and approved as provided by the City Charter, Sec. 19 and LOC 12.50.015(1). The membership shall include at least one representative from: • The First Addition Forest Hills Neighborhood Association • The Evergreen Neighborhood Association • The Old Town Neighborhood Association • The downtown Lake Oswego business community • The City Council • The City's Library Advisory Board • The City's DEI Advisory Board • The City's Parks, Recreation and Natural Resources Advisory Board • The City's Planning Commission • The City's youth engagement network • The Adult Community Center's user group • The Friends of the Lake Oswego Public Library Board Additional at-large community members will be selected through a public recruitment process. Section 3. Term. The term of the Task Force is from the date of this Resolution through March 31, 2027, unless its tasks are concluded earlier or the term is extended by resolution of the City Council. Section 4. Tasks. The Task Force shall be charged with: • Using criteria set by Council to develop reuse scenarios for the existing site Resolution 26-30 Page 1 of 2 • Selecting and analyzing the top three scenarios • Presenting an analysis of the top three scenarios to Council • Based on Council's feedback, fine-tuning and analyzing Council's top two scenarios • Returning to Council with a final reuse recommendation Section 5. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 2' day of June, 2026. AYES: NOES: EXCUSED: ABSTAIN: Joseph M. Buck, Mayor ATTEST: Laura) Hawkins, City Recorder APPROVED AS TO FORM: Erica Tatoian, City Attorney Resolution 26-30 Page 2 of 2