HomeMy WebLinkAboutAgenda Packet - 2010-12-14 LAKE OSWEGO
AGENDA CITY OF LAKE OSWEGO
Centennial 1910-2010 CITY COUNCIL REGULAR MEETING 380 A Avenue
PO Box 369
AMP Tuesday, December 14, 2010 Lake Oswego,OR 97034
6:30 p.m. 503-675-3984
Council Chambers, 380 A Avenue www.ci.oswego.or.us
Contact: Robyn Christie, City Recorder Also published on the internet at:
Email: rchristie@ci.oswego.or.us www.ci.oswego.or.us
Phone: 503-675-3984
The meeting location is accessible to persons with disabilities. To request accommodations, please contact
the City Recorder's Office at 503-635-0236, 48 hours before the meeting.
Page#
1. CALL TO ORDER
2. ROLL CALL
3. PRESENTATIONS (15 minutes)
3.1 Recognition of Councilors Hennagin and Vizzini
3.2 Employee Excellence Awards
3.3 Audit Committee Report
4. CONSENT AGENDA(5 minutes)
• 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 in the consent agenda.
4.1 RESOLUTIONS
4.1.1 Resolution 10-71, naming the former U.S. Bank property at 120 State
Street, Lake Oswego as "Sundeleaf Plaza"
Action: Adopt Resolution 10-71
4.1.2 Resolution 10-76, authorizing an intergovernmental agreement to
participate in State E-Permitting Program
Action: Adopt Resolution 10-76
Jack Hoffman, Mayor • Roger Hennagin, Councilor • Dan Vizzini, Councilor
Donna Jordan, Councilor • Sally Moncrieff, Councilor • Mary Olson, Councilor • Bill Tierney, Councilor
Page 2
4.1.3 Resolution 10-78,Amending Compensation for Charter Officers
Action: Adopt Resolution 10-78
END CONSENT AGENDA
5. ITEMS REMOVED FROM THE CONSENT AGENDA
6. CITIZEN COMMENT(30 minutes)
The purpose of citizen comment is to allow citizens 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 citizen shall apply.
7. PUBLIC HEARING (15 minutes)
7.1 Resolution 10-69, revising fees and charges and updating the Master Fees and Charges
Booklet of the City of Lake Oswego—report will be delivered under separate cover
Public Hearing Process:
Review of hearing procedure by David Powell, City Attorney
Staff Report by Ursula Euler, Finance Director
The following time limits on testimony shall be observed, but may be changed by the
Council:
Testimony will be taken in the following order: in support, in opposition, neutral.
• 10 minutes for a representative of a recognized neighborhood association, homeowner
association, or government agency, or other incorporated public interest organization;
• 5 minutes for other persons.
Questions of Staff
Discussion
Motion: Move to adopt Resolution 10-69.
7.2 Ordinance 2558, an ordinance of the Lake Oswego City Council amending Chapter 50 of the
Lake Oswego Community Development Code to add new Article 50.08C Lake Grove R-7.5/R-
10 Overlay District, and adopting findings
LU 10-0040—continue to January 18
7.3 Ordinance 2563, an ordinance of the City of Lake Oswego relating to extension of
completion deadlines for approved land use permits and adopting findings
LU 10-0048—continue to January 18
8. RESOLUTION (5 minutes)
8.1 Resolution 10-77, adopting the Emergency Operations Plan
Motion: Move to adopt Resolution 10-77
Page 3
9. ORDINANCES (5 minutes)
9.1 Ordinance 2565, an ordinance of the City of Lake Oswego granting a non-exclusive
gas utility franchise to Northwest Natural Gas Company
Motion: Move to enact Ordinance 2565
10. INFORMATION FROM COUNCIL(5 minutes)
This agenda item provides an opportunity for individual Councilors to provide
information to the Council on matters not otherwise on the agenda. Each Councilor will
be given five minutes.
10.1 Councilor Information
10.2 Reports of Council Committees, Organizational Committees, and Intergovernmental
Committees
11. REPORTS OF OFFICERS (5 minutes)
11.1 City Manager
11.1.1 Review of Council Schedule
11.1.2 Review of Council Digest
11.2 City Attorney
12. ADJOURNMENT
CABLE VIEWERS:This meeting will be shown live on Channel 28, at 6:30 p.m. The meeting
will be rebroadcast at the following times on Channel 28:
Wednesday 7:30 p.m. Friday 2:30 a.m.
Thursday 7:00 a.m. Saturday 12:00 p.m.
Watch Council meetings live wherever you are via live streaming video at
mnns://www.ci.oswego.orus/live
CITY COUNCIL/ LORA TENTATIVE SCHEDULE
Items known as of 12/9/10
DATE MEETING
Monday, Special Meeting, 6:30 p.m. Council Chambers
December 13 Public Hearing
• Sensitive Lands Amendments to Definitions and Exempt Development
(Ord. 2560/LU 10-0043-1750)
Tuesday, Regular Meeting, 6:30 p.m. Council Chambers
December 14 • Recognition of Councilors Hennagin and Vizzini
• Employee Excellence Awards
• Northwest Natural Franchise Renewal (Ord. 2565)
• PRAB Recommendation for naming lakefront park(Res. 10-71)
• Adoption of Emergency Operations Plan (Resolution 10-77)
• Review of 2010 Goals
• Audit Committee Report
Public Hearings
• Adoption of Update to Master Fees and Charges (Res. 10-69)
• Lake Grove Neighborhood Plan Implementation—Amendments to create new
overlay zone (LU 10-0040)—continue to January 18
• Proposed ordinance to extend development permit completion deadlines
(LU 10-0048)—continue to January 18
Tuesday, No Meeting
December 21
Tuesday, No meeting
December 28
Tuesday, Regular Meeting, 6:30 p.m. Council Chambers
January 4 • Oath of Office for Councilors Kehoe,Gudman and Jordan—reception following
• Selection of Council President
Tuesday, Redevelopment Agency Meeting, 6:30 p.m. Council Chambers
January 11 • North Anchor Project
• Discussion of financing and future LORA Projects
• Debt Financing
Tuesday, Regular Meeting, 6:30 p.m. Council Chambers
January 18 •
Tuesday, Special Meeting, 6:30 p.m. Council Chambers
January 25 •
To Be Scheduled
• Review draft Wastewater Master Plan (January 2011)
• Context statement relating to Lake Oswego's Iron Industry and Mid-Century periods
• ACC National Accreditation
• Vancouver, WA fieldtrip
• Foothills Update
• Industrial Park Zone Amendment (LU 10-0042)
• Media in Executive Session Policy
• Municipal Finance Presentation
• Summary of Rail—Volution Foothills Charette
• Arts Council Smart Phone Gallery Without Walls Tour App(February 1)
• LOPT Locally Preferred Alternative (LPA) public hearing and decision
BOLD ITEMS— New issues added to schedule
CITY COUNCIL/ LORA TENTATIVE SCHEDULE
Items known as of 12/9/10
(Study session February 8, Hearing March 1 and Decision March 8)
• Utility billing liability limitations ordinance
• Adoption of revised list of invasive tree species
• Human Resource Study Session: PERS, Health Insurance, Bargaining Overview
Regular Updates
• LOIS Update, 1st meeting every month
• Water Project Update, 1st meeting every month
• Streetcar Update, 2nd meeting every month
• Sustainability Update, quarterly(2nd meeting,June, Sept., Dec.)
• Financial Update, (Sept., Dec., March,June)
• Comp Plan Updates
BOLD ITEMS— New issues added to schedule
-;®
CITY OF LAKE OSWEGO
LAKE OSWEGO
Centennial 1910-2010 380 A Avenue
PO Box 369
Lake Oswego,OR 97034
CO
503-675-3984—
IL r. 1i � ",.T www,ci.oswego.or.us
TO: Jack Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Kim Gilmer, Parks & Recreation Director
SUBJECT: Sundeleaf Plaza
DATE: November 22, 2010
ACTION
The Parks & Recreation Director requests City Council approve Resolution 10-71 naming the new park at
the former US Bank property on State Street "Sundeleaf Plaza".
INTRODUCTION/BACKGROUND
In September 2010, the City Council authorized staff to conduct a public naming process for selecting a
name for the property acquired by the Lake Oswego Redevelopment Agency which previously was the site
of US Bank. The process included a solicitation of names from citizens, and a review and selection of the
most suitable name by the Parks & Recreation Advisory Board (PRAB).
DISCUSSION
Staff kicked off the naming contest in October and received 47 different ideas for naming the new park.
PRAB reviewed the submittals at its meeting on November 17 and selected the name of"Sundeleaf Plaza"
as the most suitable name.
Richard Sundeleaf (1900-1987) was a prominent architect in the Portland area. He graduated from the
University of Oregon's School of Architecture in 1923. Sundeleaf was trained in the "Beaux Arts" style of
design, and became well-known in the 1920s and 1930s for his imaginative work in industrial architecture.
In the late 1940s, he was a leading local proponent of the "Streamline Moderne" style, in which the spirit
of the machine age and the concepts of aerodynamics shaped the design of the building.
Sundeleaf did more than any other architect to influence the "village" atmosphere in Lake Oswego. He
designed many homes and businesses, including nine homes which are listed on the City's Landmark
Designation List, including his home on Phantom Bluff and the bridge and boathouse to Jantzen Island. He
also designed the City's oldest commercial buildings which line State Street. These buildings include the
Lakewood Center, Oswego Lake House restaurant, Lake Cinema, Murphy Real Estate building currently
leased to Starbucks, and the buildings housing Wan Fu and Hollywood Video. His design incorporated the
1
Page
Due to Richard Sundeleaf's architectural contribution to the City's history and the proximity of the park, the
Parks and Recreation Advisory Board thought it fitting to name the park after Mr. Sundeleaf.
ALTERNATIVES & FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve Resolution 10'71.
Reviewed by:
Department Director
CityAtturn
/Uex D. K4dn>-~--
City Manager
`
RESOLUTION 10-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
NAMING THE FORMER U.S. BANK PROPERTY AT 120 STATE STREET, LAKE
OSWEGO AS "SUNDELEAF PLAZA"
WHEREAS, the City's existing policy for naming parks stipulates that properties be
named to ensure park and recreational facilities are easily identifiable, and that names
be given which are acceptable to the community; and
WHEREAS, the City broke ground at 120 State Street in October 2010 to develop a
new park in the City's Redevelopment District; and
WHEREAS, the new park has not yet been named; and
WHEREAS, the Parks and Recreation Advisory Board initiated a public process to
identify an appropriate name for the above park property, and
WHEREAS, Richard Sundeleaf was a prominent, local architect who designed many
homes and commercial buildings in Lake Oswego, nine of which are listed on the City's
Landmark Designation List; and
WHEREAS, Mr. Sundeleaf designed many of the commercial buildings on State Street
adjacent to and in the vicinity of the park, which incorporated the Arts and Crafts and
Tudor style creating Lake Oswego's "village" style; and
WHEREAS, the Parks and Recreation Advisory Board, after reviewing citizens
suggestions, is recommending the park be named after Mr. Sundeleaf to recognize his
contribution to the City's architectural heritage;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego
that:
Section 1. The new park at 120 S. State Street be named "Sundeleaf Plaza."
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 14th day of December, 2010.
AYES:
NOES:
EXCUSED:
3
ABSTAIN:
Jack Hoffman, Mayor
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM
-,Lj)
City Attorney's Office
4
® e
CITY OF LAKE OSWEGO
LAKE OSWEGO
Centennial 1910-2010 380 A Avenue
PO Box 369
Lake Oswego,OR 97034
503-675-3984
N .,... J C '� ". FPO T www.ckoswego.or.us
TO: Jack Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Jordan Wheeler, Management Analyst
CC: Denise Frisbee, Director, Planning & Building Services
Bob Gilmore, Building Official, Planning & Building Services
SUBJECT: IGA with the State of Oregon for E-Permitting System and Services
DATE: December 14, 2010
ACTION
Consider and adopt resolution 10-76, authorizing the City Manager to sign an intergovernmental agreement with the
State of Oregon Department of Consumer and Business Services for the implementation of a full service electronic
permitting system.
BACKGROUND
In 2007,the State passed a law that created the nation's first statewide online permitting program. The legislation
expanded on the over-the-counter Quick Permits system that was initiated in 2005 by authorizing the State
Department of Consumer and Business Services (DCBS)to create a comprehensive e-permitting system that allows
local building departments to provide full-service e-government building services. In 2008, DCBS entered into a 10-
year agreement with Accela Inc. to provide the software for the statewide program.
In February 2010, the City Council adopted the work program goal to "explore the possibility of a new Building and
Planning permitting management system." The goal was developed in anticipation that the State would be providing
access to the Accela system and services through intergovernmental agreements with municipal building
departments. Expanding the use of online permitting services was also a recommendation from the 2009 Matrix
Study of the then Community Development Department.
The e-permitting system allows customers to determine what permits are required, apply for and pay for permits,
submit plans, and access the status of the applications and inspections at any time. Currently 34 jurisdictions in
Oregon, including Lake Oswego, provide the basic, over-the-counter Quick Permits permitting services through the
State's e-permitting website, BuildingPermits.Oregon.gov. The IGA authorizes the City to begin working with the
State to implement the full-service capabilities which will allow access to the complete range of services such as
permits that require plan review, tracking the plan review process, accessing permit history and data, and scheduling
inspections.
Page 2
The effort is being recognized as a national model for streamlining regulatory processes. E-permitting saves
contractors' time and money by simplifying the process of submitting, purchasing, and tracking building
permits, creates consistency in the process statewide, and makes permitting services available at any time of
day.
DISCUSSION
Upon signing the IGA, the City of Lake Oswego will position itself for the State's implementation team to
transition the City's building permitting to the new online system early this spring. Lake Oswego is a member of
a workgroup of 14 other jurisdictions that have joined together to be the first wave of building departments to
install and transition to the new system. Within that group, Lake Oswego may be converted to the new system
with other nearby cities to take advantage of economies of scale with the State implementation team. The
Cities of Milwaukie and West Linn are also currently preparing their building divisions for this conversion.
The preliminary schedule estimates that Lake Oswego will have the new system installed and be fully converted
to the e-permitting system by summer 2011. Upon signing the IGA, staff will begin the training process,
preparing current systems for data conversion, and developing communication and informational pieces for the
building community.
ALTERNATIVES & FISCAL IMPACT
The implementation of the e-permitting system will not cost the City any additional funds. A 4%state surcharge
placed on building permits statewide funds the e-permitting program. For the 2010-11 fiscal year, the City
budgeted $30,000 to purchase mobile data devices so that building inspectors can be more efficient by linking
to the system in the field and access applications, permits, and inspection schedules.
Alternatives include delaying entering into an IGA with the State until a later time which would push back the
City's conversion to the e-permitting system or choosing to opt-out of the system altogether.
RECOMMENDATION
Staff recommends adopting Resolution 10-78 authorizing the City Manager to sign an intergovernmental
agreement with the State of Oregon Department of Consumer and Business Services for the implementation of
a full service e-permitting system.
ATTACHMENTS
1. Resolution 10-78
2. Intergovernmental Agreement: ePermit System and Services
Reviewed by:
Department or
Alex D. Mclntyr
City Manager
6
RESOLUTION 10-76
A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE
OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES FOR THE
IMPLEMENTATION OF A FULL SERVICE ELECTRONIC PERMITTING SYSTEM.
WHEREAS the Oregon Department of Consumer and Business Services is providing
access to a full-service electronic permitting system to all interested jurisdictions
throughout the state; and
WHEREAS the City of Lake Oswego has an interest in implementing such a system;
and
WHEREAS access to the system will be provided at no cost to the City;
BE IT RESOLVED by the Lake Oswego City Council that the City Manager is authorized
to sign an Intergovernmental Agreement with the State of Oregon Department of
Consumer and Business Services, in the form attached as Exhibit A, for access to the
ePermit System and related services.
This Resolution shall be effective upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake
Oswego on the 14st day of December, 2010.
/ / /
/ / /
AYES:
NOES:
EXCUSED:
ABSTAIN:
Jack D. Hoffman, Mayor
Resolution 10-76
Page 1 of 2
7
ATTEST:
Robyn Christie, City Recorder
APPROVED AS,TO FORM:
.4 ( ----
C
Jzf
David D. Powell
City Attorney
Resolution 10-76
Page 2 of 2
8
IGA # 90G000210
INTERGOVERNMENTAL AGREEMENT
ePermit System and Services
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and
entered into this 22 day of November 2010 (the "Effective Date") by and between The
State of Oregon, acting by and through the Department of Consumer and Business
Services ("DCBS") and the City of Lake Oswego ("Jurisdiction"), a political
subdivision of the State of Oregon. DCBS and the Jurisdiction may collectively be
referred to herein as the Parties and individually as the Party. The Parties are
authorized to enter into this Agreement under ORS Chapter 190 and ORS 455.095.
DCBS: Jurisdiction:
Lori Lee Graham Denise Frisbee
ePermitting Manager Planning & Building Services
1535 Edgewater Street NW Director
PO Box 14470 380 A Avenue
Salem, OR 97309 Lake Oswego, Oregon 97034
FAX (503)378-2322 FAX: (503) 635-0269
FEIN: 93-6002213
RECITALS
A. Oregon Revised Statute ORS 455.095 provides that DCBS shall develop and
implement a system that provides electronic access to building permitting
information. The statute also requires DCBS to make the system accessible
for use by municipalities in carrying out the building inspection programs
administered and enforced by the municipalities.
B. The Department of Administrative Services, State Procurement on behalf
DCBS issued a Request for Proposal (RFP) for a statewide ePermit system
and associated products and services ("ePermit System"). Accela, Inc. was
the successful proposer. On or about August 8, 2008, DCBS and Accela, Inc.
entered into a contract("ePermit contract") by which Accela, Inc, licensed to
DCBS ePermitting system software, an IVR system and provided related
configuration, implementation and hosting services(collectively the "ePermit
System")
C. The ePermit contract provided that the ePermit System and related Services
would be available to municipalities ("Participating Jurisdictions").
D. Jurisdiction has requested that DCBS provide access to the ePermitting
System and related Services to Jurisdiction and to implement the
Jurisdiction as a Participating Jurisdiction as set forth in the ePermitting
contract.
E. DCBS is willing, upon the terms of and conditions of this Agreement, to
provide access to Jurisdiction to the ePermitting System and related Services
and to implement Jurisdiction as provided herein.
9
IGA # 90G000210
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. DEFINITIONS.
1.1. As used in this Agreement, the following words and phrases shall have the
indicated meanings.
1.2. "Agreement" means this Intergovernmental Agreement.
1.3. "ePermitting Contract" has the meaning set forth in Recital B and
includes all amendments thereto.
1.4. "ePermit System" means the entire system including the ePermitting software
licensed implemented and configured pursuant to the ePermit contract and
related Services including hosting and IVR.
1.5. "Jurisdiction" has the meaning set forth in the first paragraph of this
Agreement.
2. TERM, RENEWAL AND MODIFICATIONS.
2.1. Term. This Agreement is effective, and will be considered fully executed,
upon signature by both parties, and shall remain in effect until
termination of this Contract as provided herein. Unless otherwise terminated
as provided herein, this Contract will be in effect for the period that
Jurisdiction administers and enforces a building inspection program. This
Agreement will automatically renew in the event that the Jurisdiction's
program assumption is renewed for an additional period.
2.2. Agreement Modifications. Notwithstanding the foregoing, or, any other
provision of the Agreement, DCBS may propose a modified Agreement or new
intergovernmental agreement for Jurisdiction access to the ePermit System.
DCBS will propose such modified Agreement or new intergovernmental
agreement with at least 180 days written notice prior to expiration of the
Jurisdiction's current program assumption period. The new
intergovernmental agreement or modified Agreement will be effective on the
effective date of the renewal of Jurisdiction's program assumption. If the
parties cannot agree to the new intergovernmental agreement or modified
Agreement, this Agreement will terminate effective on the renewal date
of Jurisdiction's program assumption. Additionally, during the term of this
Agreement, DCBS may propose modifications to this Agreement and which will
become effective upon mutual agreement by the parties in accord with section
19 of this Agreement.
3. PERFORMANCE AND DELIVERY.
3.1.Responsibilities of DCBS.
2
10
IGA # 90G000210
3.1.1. DCBS shall use its best efforts to provide Jurisdiction access to the
ePermit System and related Services. DCBS shall use it best effort to
provide the Jurisdiction with satisfactory access on a parity with all other
jurisdictions implemented by DCBS to the ePermit System.
3.1.2. DCBS will implement the Jurisdiction using the process according to the
ePermitting Implementation Methodology set forth in Exhibit B. In the
event that a Work Order Contract is used to implement a specific city or
county, a copy of that agreement shall be provided in Exhibit E.
3.1.3. Upon implementation, Jurisdiction will have access to the System and
the functionality as described in the ePermit contract and determined
during the implementation process.
3.1.4. DCBS will provide technical support for the ePermit program. Support
shall be provided to Jurisdiction 7:00 a.m. to 4:00 p.m. The
general support structure shall be as follows:
3.1 .4.1. State ePermitting team provides technical support to
participating city or county.
3.1.4.2. Accela provides technical support to State ePermitting
team.
In the event that the State team is unable to communicate a solution to
the participating city or county, the State team will facilitate
communication between Accela and participant.
3.2. Responsibilities of Jurisdiction.
3.2.1. Jurisdiction agrees to the requirements of Exhibit A.
3.2.2. Jurisdiction shall provide the resources required in the Implementation
Methodology set forth in Exhibit B.
3.2.3. Jurisdiction agrees to abide by the terms and conditions of the Software
License set forth in Exhibit C.
4. REPRESENTATIONS AND WARRANTIES.
4.1 Representations of Jurisdiction. Jurisdiction represents and warrants to
DCBS as follows:
4.1.1. Organization and Authority. Jurisdiction is a political subdivision of the
State of Oregon (or an intergovernmental entity formed by political
subdivisions of the State of Oregon under ORS Chapter 190) duly
organized and validly existing under the laws of the State of Oregon.
Jurisdiction has full power, authority and legal right to make this
Agreement and to incur and perform its obligations hereunder.
Jurisdiction has assumed and administers a building inspection program
under ORS 455.148 to ORS 455.153.
3
11
IGA # 90G000210
4.1.2. Due Authorization. The making and performance by Jurisdiction of this
Agreement (1) have been duly authorized by all necessary action of
Jurisdiction and (2) do not and will not violate any provision of any
applicable law, rule, and regulation.
4.1.3. Binding Obligation. This Agreement has been duly executed and
delivered by Jurisdiction and constitutes a legal, valid and binding
obligation of Jurisdiction, enforceable according to its terms.
4.1.4. Jurisdiction has reviewed the ePermit contract and ePermit System and is
knowledgeable of the ePermit system functionality and performance and
has entered into this agreement based on its evaluation of the ePermit
Contract and the ePermit System
4.2. Representations and Warranties of DCBS. DCBS represents and warrants to
Jurisdiction as follows:
4.2.1. Organization and Authority. DCBS is an agency of the state government
and DCBS has full power, authority and legal right to make this
Agreement and to incur and perform its obligations hereunder.
4.2.2. Due Authorization. The making and performance by DCBS of this
Agreement (1) have been duly authorized by all necessary action of
DCBS and (2) do not and will not violate any provision of any applicable
law, rule, and regulation.
4.2.3. Binding Obligation. This Agreement has been duly executed and
delivered by DCBS and constitutes a legal, valid and binding
obligation of DCBS, enforceable according to its terms.
4.2.4. Performance Warranty. DCBS will use its best efforts to provide
Jurisdiction access to the ePermit System and implement the
Jurisdiction according to the ePermit contract and Exhibit B.
Notwithstanding the foregoing, Jurisdiction understands and agrees
that the ePermit System is composed of software and services
provided by third parties and DCBS has no responsibility to
Jurisdiction for the functionality or performance of the ePermit
System.
4.3. The warranties set forth above are in addition to, and not in lieu of, any
other warranties set forth in this Agreement or implied by law.
5. ACCESS TO RECORDS AND FACILITIES.
5.1. Records Access. DCBS, the Secretary of States Office of the State of Oregon,
the Federal Government, and their duly authorized representatives shall have
access to the books, documents, papers and records of the Jurisdiction that
are directly related to this Agreement, for the purpose of making audits,
examinations, excerpts, copies and transcriptions.
5.2. Retention of Records. Jurisdiction shall retain and keep accessible all
books, documents, papers, and records that are directly related to this
Agreement for a minimum of six (6) years, or such longer period as
4
12
IGA # 900000210
may be required by other provisions of this Agreement or applicable law,
following the termination of this Agreement.
5.3. Public Records. Jurisdiction shall be deemed the Custodian for the
purposes of public records requests regarding requests related to
Jurisdiction's building inspection program.
6. JURISDICTION DEFAULT. Jurisdiction shall be in default under this Agreement
upon the occurrence of any of the following events:
6.1. Jurisdiction fails to perform, observe or discharge any of its covenants,
agreements or obligations set forth herein.
6.2.Any representation, warranty or statement made by Jurisdiction herein is
untrue in any material respect when made.
7. DCBS DEFAULT. DCBS shall be in default under this Agreement upon the
occurrence of any of the following events:
7.1. DCBS fails to perform, observe or discharge any of its covenants,
agreements, or obligations set forth herein; or
7.2.Any representation, warranty or statement made by DCBS herein is untrue
in any material respect when made.
8. TERMINATION.
8.1. Jurisdiction Termination. Jurisdiction may terminate this Agreement in its
entirety as follows:
8.1.1. For its convenience, upon at least twelve calendar months advance
written notice to DCBS, with the termination effective as of the first
day of the month following the notice period;
8.1.2. Upon 30 days advance written notice to DCBS, if DCBS is in default
under this Agreement and such default remains uncured at the end of
said 30 day period or such longer period, if any, as Jurisdiction may
specify in the notice; or
8.1.3. Immediately upon written notice to DCBS, if Oregon statutes or federal
laws, regulations or guidelines are modified, changed or interpreted by the
Oregon Legislative Assembly, the federal government or a court in such
a way that Jurisdiction no longer has the authority to meet its obligations
under this Agreement.
9. DCBS TERMINATION. DCBS may terminate this Agreement as follows:
9.1. For its convenience, upon at least twenty four calendar months advance
written notice to Jurisdiction, with the termination effective as of the first day
of the month following the notice period.
9.2. Upon termination of the ePermit Contract with such reasonable notice to
Jurisdiction as feasible under the terms of the ePermit Contract.
5
13
IGA # 90G000210
9.3. Immediately upon written notice to Jurisdiction if Oregon statutes or federal
laws, regulations or guidelines are modified, changed or interpreted by the
Oregon Legislative Assembly, the federal government or a court in such a
way that DCBS no longer has the authority to meet its obligations under this
Agreement.
9.4. Upon 30 days advance written notice to Jurisdiction, if Jurisdiction is in
default under this Agreement and such default remains uncured at the end of
said 30 day period or such longer period, if any, as DCBS may specify in the
notice.
9.5. Immediately, in the event that Jurisdiction no longer administers and enforces
a building inspection program.
10. EFFECT OF TERMINATION.
10.1. No Further Obligation. Upon termination of this Agreement in its entirety,
DCBS shall have no further obligation to provide access to the ePermit
System and related Services to Jurisdiction.
10.2. Survival. Termination or modification of this Agreement pursuant to sections 8
and 9 above, shall be without prejudice to any obligations or liabilities of
either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination, Jurisdiction shall immediately
cease all activities under this Agreement, unless expressly directed
otherwise by DCBS in the notice of termination.
10.3. Minimize Disruptions. If a termination right set forth in section 8 or 9 is
exercised, both parties shall make reasonable good faith efforts to
minimize unnecessary disruption or other problems associated with the
termination.
10.4. Jurisdiction Data. Jurisdiction may obtain a copy of data related to its
building inspection program.
11. NOTICE. Except as otherwise expressly provided in this Agreement, any
communications between the parties hereto or notices to be given hereunder
shall be given in writing by personal delivery, facsimile, or mailing the same,
postage prepaid to Jurisdiction or DCBS at the address or number set forth
below, or to such other addresses or numbers as either party may indicate
pursuant to this section. Any communication or notice so addressed and mailed
shall be effective five (5) days after mailing. Any communication or notice
delivered by facsimile shall be effective on the day the transmitting machine
generates a receipt of the successful transmission, if transmission was during
normal business hours of the recipient, or on the next business day, if
transmission was outside normal business hours of the recipient. To be
effective against DCBS, any notice transmitted by facsimile must be confirmed
by telephone notice to DCBSs Office of Contracts and Procurement as set forth
below. To be effective against Jurisdiction, any notice transmitted by facsimile
must be confirmed by telephone notice to Jurisdictions responsible party as
agreed upon by jurisdiction and DCBS. Any communication or notice given by
personal delivery shall be effective when actually delivered.
6
14
|GA # 90G0002|0
12. SEVERAB|L]TT. The parties agree that if any term or provision ofthis
Agreement is declared by a court of competent jurisdiction to be illegal or in conflict
with any law, the validity of the remaining terms and provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced 8sif
the Agreement did not contain the particular term nrprovision held to be invalid.
13. COUNTERPARTS. This Agreement may be executed in several counterparts, all
of which when taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same oounterpert.
Each copy of this Agreement so executed shall constitute an original.
14. GOVERNING LAW, CONSENT TO JURISDICTION. This Agreement shall be
governed by and construed in accordance with the laws of the State of Oregon
without regard to principles of conflicts of law. Any u|oinn, action, suit or proceeding
(collectively, "Claim") between DCBS (and/or any other agency or department of
the State nfOregon) and Jurisdiction that arises from or relates to this
Agreement shall be brought and conducted solely and exclusively within a
circuit court in the State of Oregon of proper jurisdiction. In no event ahe|| this
section be construed as a waiver by the State of Oregon of any form of defense or
immunity,whether sovereign innnnunitv, governmental innnnunity, immunity based on
the eleventh amendment to the Constitution of the United States or otherwise, from
any Claim or from the jurisdiction of any court. JURISDICTION, BY
EXECUTION {}F THIS AGREEMENT, HEREBY CONSENTS TD THE |N
PERG{]NAK8 JURISDICTION 0F SAID COURTS.
15. COMPLIANCE WITH LAW.The parties shall comply with all state and local laws,
regulations, executive orders and ordinances applicable to the Agreement. All
onnp|Vyera' including DCBS and Jurisdiction, that employ subject workers who
provide Services in the State of Oregon shall comply with ORS 05O.017and
provide the required VVorkors' Compensation onvorage, unless such employers
are exempt under ORS O50.120.
16. ASSIGNMENT 0F AGREEMENT, SUCCESSORS |N INTEREST. The parties
agree there will be no assignment or delegation of the Agreement, or of any interest
in this Agreement, unless both parties agree in writing. The parties agree that no
services required under this Agreement may be performed under subcontract
unless both parties agree in writing. The provisions nf this Agreement aho|| be
binding upon and shall inure t0 the parties her8t0, and their respective
successors and permitted assignees.
17. NO THIRD PARTY BENEFICIARIES. DCB8 and Jurisdiction are the only parties
to this Agreement and are the only parties entitled to enforce its terms. Nothing
in this Agreement gives, is intended togive, or shall be construed to give ur
provide any benefit or righ1, whether directly, indirectly or otherwise, to third
persons any greater than the rights and benefits enjoyed by the general public
unless such third persons are individually identified by name herein and expressly
described aa intended beneficiaries of the terms of this Agreement.
18. WAIVER. The failure of either party to enforce any provision of this Agreement
shall not constitute a waiver by that party of that or any other provision. No waiver
or consent shall be effective unless in writing and signed by the party against
whom itinasserted.
IGA # 90G000210
19.AMENDMENT. No amendment, modification or change of terms of this Agreement
shall bind either party unless in writing and signed by both parties and when
required by the Department of Administrative Services and Department of Justice.
Such amendment, modification or change, if made, shall be effective only in the
specific instance and for the specific purpose given. Jurisdiction, by signature of
its authorized representative, hereby acknowledges that it has read this
Agreement, understands it, and agrees to be bound by its terms and
conditions.
20. HEADINGS. The headings and captions to sections of this Agreement have been
inserted for identification and reference purposes only and shall not be used to
construe the meaning or to interpret this Agreement.
21. CONSTRUCTION. This Agreement is the product of extensive negotiations between
DCBS and representatives of Jurisdiction. The provisions of this Agreement are
to be interpreted and their legal effects determined as a whole. An arbitrator or
court interpreting this Agreement shall give a reasonable, lawful and effective
meaning to the Agreement to the extent possible, consistent with the public
interest.
22. INDEPENDENT CONTRACTOR. The parties agree and acknowledge that their
relationship is that of independent contracting parties and that neither party is an
officer, employee, or agent of the other as those terms are used in ORS 30.265 or
otherwise.
23. LIMITATION OF LIABILITY.
23.1. Jurisdiction agrees that DCBS shall not be subject to any claim, action,
or liability ARISING IN ANY MANNER WHATSOEVER OUT OF ANY ACT
OR OMISSION, INTERRUPTION, OR CESSATION OF ACCESS OR
SERVICE UNDER THIS AGREEMENT. THE STATE SHALL NOT BE LIABLE
OR RESPONSIBLE FOR ANY DIRECT, INDIRECT SPECIAL OR
CONSEQUENTIAL DAMAGES SUSTAINED BY THE POLITICAL
SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, DELAY,
INTERRUPTION OF BUSINESS ACTIVITIES, OR LOST RECEIPTS THAT
MAY RESULT IN ANY MANNER WHATSOEVER FROM ANY ACT OR
OMISSION, INTERRUPTION, OR CESSATION OF SERVICE.
23.2. EXCEPT FOR LIABILITY ARISING UNDER SECTION 26 NEITHER
PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS
AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY
DAMAGES OF ANY SORT ARISING SOLELY FROM THE
TERMINATION OF THIS AGREEMENT OR ANY PART HEREOF IN
ACCORDANCE WITH ITS TERMS.
24. FORCE MAJEURE. Neither DCBS nor Jurisdiction shall be held responsible for
delay or default caused by fire, civil unrest, labor unrest, natural causes, or war
which is beyond the reasonable control of DCBS or Jurisdiction, respectively.
Each party shall, however, make all reasonable efforts to remove or eliminate
such cause of delay or default and shall, upon the cessation of the cause,
diligently pursue performance of its obligations under this Agreement.
8
18
IGA # 90G000210
25. TIME IS OF THE ESSENCE. Time is of the essence in the performance of
all under this Agreement.
26. INDEMNITY
26.1. Indemnification by Jurisdiction. To the full extent authorized by statute or
charter, the Jurisdiction shall indemnify, defend, and hold harmless the State
of Oregon and the Department of Administrative Services, its officers, divisions,
agents, employees, and members from all claims, suits, or actions of any
nature arising out of the negligent acts or omissions of the Jurisdiction, its
officers, contractors, agents or employees under this agreement.
26.2. Indemnification by DCBS. Subject to the limitations and conditions of
the Oregon Tort Claims Act, ORS 30.260 through 30.300, and Article XI,
Section 7 of the Oregon Constitution, State of Oregon shall indemnify the
Jurisdiction and hold the Jurisdiction harmless from and against liability for
damage to life, person or property arising solely from the negligence of the
State of Oregon and the Department Of Administrative Services, its officers,
division, agents, employees, and members in providing services to the
Jurisdiction under this Agreement. Provided, the State of Oregon Shall not
be required to indemnify and hold Jurisdiction harmless from liability
arising in any manner from the acts or omissions of Jurisdiction, its officers,
contractors, agents, or employees.
26.3. Control of defense and settlement. Jurisdiction shall have control of the
defense and settlement of any claim that is 26.1; however, neither Jurisdiction
nor any attorney engaged by Jurisdiction shall defend the claim in the name
of the State of Oregon or any agency of the State of Oregon, nor purport to
act as legal representative of the State of Oregon or any of its agencies,
without first receiving from the Oregon Attorney General, in a form and
manner determined appropriate by the Attorney General, authority to
act as legal counsel for the State of Oregon, nor shall Jurisdiction
settle any claim on behalf of the State of Oregon without the approval of
the Attorney General. The State of Oregon may, at its election and expense,
assume its own defense and settlement in the event that the State of Oregon
determines that Jurisdiction is prohibited from defending the State of Oregon,
or is not adequately defending the State of Oregon's interests, or that an
important governmental principle is at issue and the State of Oregon
desires to assume its own defense.
26.4. Responsibility for own acts. Except as specifically provided in this
Agreement, each party shall be responsible, to the extent required by law
(including the Oregon Tort Claims Act, ORS 30.260-30.300) only for the acts,
omissions or negligence of its own officers, employees or agents.
27. AGREEMENT DOCUMENTS IN ORDER OF PRECEDENCE. This Agreement
consists of the following documents that are listed in descending order of
precedence:
This Agreement less all exhibits;
Exhibit A - Jurisdiction Obligations
Exhibit B - Implementation Methodology
9
17
IGA # 90G000210
Exhibit C - ePermit License Agreement
Exhibit D- ePermit Contract (not attached, but made available
to Jurisdiction Exhibit E - (Work Order, if applicable)
All attached and referenced exhibits are hereby incorporated by reference.
28. MERGER CLAUSE. This Agreement and attached exhibits constitute the
entire agreement between the parties on the subject matter hereof.
There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this Agreement. No waiver, consent,
modification or change of terms of this Agreement shall bind all parties
unless in writing and signed by both parties and all necessary State
approvals have been obtained. Such waiver, consent, modification or change,
if made, shall be effective only in the specific instance and for the specific
purpose given. The failure of DCBS to enforce any provision of this
Agreement shall not constitute a waiver by DCBS of that or any other provision.
10
18
IGA # 90G000210
JURISDICTION, BY EXECUTION OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES THAT JURISDICTION HAS READ THIS CONTRACT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
A. Jurisdiction
By: Date:
Printed Name: Alex D. McIntyre
Title: City Manager, City of Lake Oswego
B. State of Oregon, Acting by and through its Department of Consumer and Business
Services
By: Date:
Printed Name: Patrick M. Allen, or delegate
Title: Interim Administrator, Building Codes Division
C. State of Oregon, acting by and through its Department of Consumer and Business
Services
By: Date:
Printed Name: Sarah L. Roth, or delegate
Title: DCBS Procurement Officer
Approved as,ty fora):
' 1
Evan P.Boone
Deputy City Attorney
11
19
|Of\ # 9OGV002lO
Exhibit
Jurisdiction Obligations
Jurisdiction Software
As port of the state hosted system, any softvvon8 being used by Jurisdiction to support either the
. building permitting syoh»rn or any supplemental products being purchased from Anoe|e. must be
compatible with the Anoe|a product. '
Permit Numbering Scheme.
Asafull service participant. Jurisdiction agrees tO include the three digit prefix tnall permits
covered by and processed through ePermitting system. Permits for any supplemental products
purchased through Acoe|o, hosted in the EKoha of Oregon environment and being serviced
through the State of Oregon ePorta| must also use the three-digit prefix in the permit number.
Permits for supplemental products purchased through Accela that will not be hosted or
maintained on the Oregon platform and that are not serviced through the State of Oregon
oPorta| are not required to use the three-digit prefix.
Status and Result Codes.
All status and result codes such as inspections, plan review, permit issuance status will be
pursuant to a statewide uniform system, Jurisdiction shall only use the uniform status and result
codes.
Inspection Codes.
Inspection types for code required inspections must be consistent throughout the state. Unique
inspection types must be requested through and assigned by the ePermitting staff.
Supplemental Products Purchased bx Jurisdiction through Aooe|m.
Any supplemental product such as, but not limited to, Land Use, Enforcement, Licensing or
other services, are licensed directly to Jurisdiction by Acco|e. Support services for the
supplemental products fall outside ofthe scope of this Intergovernmental Agreement and are
therefore provided through direct agreement with Aoce|m or other service provider. |note||etiVn
of supplemental products onto the State hosted servers cannot occur before the State
ePernoitting team begins active development of the building permitting module,
Version (product) updates.
Migration from one product version of Accela Automation to another product version will be
regulated and coordinated through [}CBS. Supplemental products will be required to migrate to
the same version of the product at the same time as the product version for the building product
module.
'
12
IGA # 90G000210
Exhibit
Implementation Methodology
Your
to building Oregon
Full ervice es er ittin
roject Approach and
ethodo
I '
Version 1.2
December 23, 2009
Your. �
to building Oregon
IGA # 9OG0002I0
Table
Table of Contents 2
Document Control 3
Overview 4
Description of Methodology 5
Success Factors 5
Approach 6
Implementation Methodology a Definitions 6
Stage 1—Initiation 7
Stage1 Objectives...............................,...........,...,....,...............,.....,...............,,...,,..,., 7
Stage1 Activities........................................................................:........................: 7
Stage 1 Deliverables...„..„.................•...........„„........ ........ ..... 8
Stage 2—Analysis 8
Stage2 Objectives 8
Stage2 Activities..........................x,,.,,..,.,,..,,........,...,..,...,,...................,,...,..,..,, , 9
Stage2 Deliverables 9
Stage 3:Configuration 8
Stage 3 Objectives 10
Stage3 Activities 10
Stage 3 Deliverables_......,......_. .........,............. ............... ..... ..... ..... 10
Stage 4: Build 10
Stage4 Objectives..... 10
Stage4 Activities 11
Stage 4 Deliverables.,,,,, 11
Stage 5—Readiness 11
Stage5 Objectives........................................................................................:. 12
Stage 5 Activities........................ ........................,....<,. 12
Stage5 Deliverables.„................. ........ ......... ........ ........._.......„.....„,...„ 12
Stage 6—Deploy 12
Stage6 Objectives.,....,.,.,,,.,,,....,._ 13
Stage 6 Activities_......... ....... .:........................... 13
Stage6 Deliverables............................................e.,....................,........... 13
14
Your
to building Oregon
Perwatttaig
IGA # 9OG000210
Document Control
Date Author Version Change Reference
1.0 Original
12/22/2009 Ean Darbo 1.1 Edits to Implementation Methodology Definitions
12/23/2009 Lori Graham 1.2 Formatting edits
15
to building Oregon
Permitting Pro'ect A.'roach :'1i 1't"•'e $
IGA # 90G000210J
Overview
The State of Oregon (State)has partnered with Accela to deliver a new software
package which will better serve the construction community, cities, and counties
(Jurisdictions) across the State. All ePermitting services will be hosted, with Internet
access to participating jurisdictions. Three levels of service will be offered: Basic
Service (Quick Permits), Full Service (COTS/Complete), and Integrated Service.
The Full Service level will include automated building permit management, a public user
web portal, telephone voice response inspection scheduling system (IVR), wireless
inspection module for field use, integration to geographic information systems (GIS), and
the potential to interface to other existing 3rd party systems such as Financial or
Document Management systems.
Each Jurisdiction that chooses to participate in the ePermitting program will receive
implementation services designed to assist with the implementation of the program. The
implementation team will typically be comprised of State implementation staff in addition
to a Jurisdiction's own information technology staff.
In advance of every implementation, a Jurisdiction will complete a business analysis of
their current system thereby expediting the process. The level of support required by the
State will vary from jurisdiction to jurisdiction depending on the in-house technology
personnel expertise. The types of services that may typically be provided include:
Documentation and analysis of current business practices
CAP type (permit) and workflow development
IVR set-up
Conversion of existing data
Setup of document management system
Training of jurisdictional staff
The Full Service implementation will occur across six stages: Project Initiation, Analysis,
Configuration; Build, Readiness, Testing, and Deploy. This implementation
methodology provides a scalable and consistent manner for all required activities to
occur. Detailed discussion of this six stage approach is included below, and includes
information on what a Full Service Jurisdiction can expect in terms of objectives,
activities, and deliverables. This staged approach includes periodic review of our
Deployment Strategy to ensure a successful launch.
Each project stage is marked with entry conditions and exit conditions; status meetings,
sign-off requirements, and detailed documentation of these conditions eliminate the
potential of oversight and error.
16
Yaw ti,4 :
to building Oregon
Prciect A roach and Methoclolo
IGA # 90G0002I0
Description of ethodology
The implementation period is a highly critical time; it sets the tone for the Jurisdiction's
ongoing use of the Accela Automation system. A thorough and well-managed
implementation will result in the Jurisdiction's successful use of the solution.
To confirm that our implementation is on time and within budget, the State of Oregon
implementation team will be on site and will lead ongoing project management services,
in partnership with Jurisdiction staff. Together, the collective project team (State of
Oregon and Jurisdiction project staff)will plan and monitor execution of the project in
accordance with deliverables outlined in the Statement of Work.
A successful implementation is vital to the Jurisdiction's long term operation of Accela
Automation. In addition to configuring and installing the system, the implementation
period is the time when administrators, users, and power users are trained in their use of
the system. This is also that time when Jurisdiction business processes are analyzed,
optimized and adjusted to leverage the full benefit of Accela Automation.
Although levels of staff involved with each implementation vary, based on the number of
users, the amount of data to be converted, the modules selected, and the level of
configuration required, we have included estimated requirements regarding the project
team participation later in this document.
Success actors
Project implementation will be a collaborative effort between the State project team and
the Jurisdiction project team. Within this process, we define three key factors that will
impact our success:
1. Knowledge Transfer- It is critical that Jurisdiction personnel participate in the
analysis, configuration and deployment of Accela Automation. The State team will
transfer knowledge to Jurisdiction staff, empowering system administrators, power
users, and users to be self-sufficient in its support of Accela Automation. These
individuals will serve as the Jurisdiction's liaison to the State support team, and will
work with these support personnel to troubleshoot and resolve any issues that may
arise.
2. Dedicated Jurisdiction Participation —Jurisdiction staff, along with the State team,
must be actively involved throughout the entire duration of the implementation, within
the parameters of their specific project roles. To keep project stakeholders apprised
of progress, Project Status Reports will detail participation, or lack thereof, of
Jurisdiction and State resources, as well as the corresponding impact(s).
We understand that Jurisdiction staff members have daily responsibilities, and we
will work closely with Jurisdiction representatives to create a Project Plan that is
reasonable and appropriate with regard to the commitments placed on the
Jurisdiction team. The time that these key individuals dedicate in this
implementation is a valuable investment in Jurisdiction's long-term success.
17
IGA # 90G000210
3. Milestone Sign Off Process — Progress on this project will be measured and
documented through signoff of milestone criteria. Often, future milestones may be
dependent on timely review and acceptance of preceding deliverables. Delays in the
acceptance of a single deliverable have the potential to impact the startup or
completion of subsequent milestones and may cause a shift in the overall project
timeline.
Approach
The State's implementation methodology is comprised of six stages, each with its own
project objectives, activities and defined deliverables. Each stage of the implementation
is managed using a detailed project plan that is defined to meet each Jurisdiction's goals
and objectives. The graphic below identifies this methodology and its related stages.
e
a5
3 a
, :z.3x�` s,d
The sections following describe what a Jurisdiction can expect from each of these stages.
For clarity, each stage is defined by specific Objectives, Activities, and Deliverables.
Definitions of these terms are included in the table below.
implementation - Definitions
$ S
At the completion of each stage, the Jurisdiction/State
The defined purpose and project management team will review the appropriate
Objectives expected achievements of objectives to ensure that the defined objectives have
the stage. been successfully achieved.
Identifies the tasks to be Activities drive the daily operations of the project
performed in order to implementation and follow the format of the project
Activities achieve the defined plan.Activities are closely monitored to determine
objectives. their project status and progress.
The tangible result that will
be delivered at the end Deliverables are material artifacts that represent the
stage.A project defined objectives and are the result of Activities.
Deliverables deliverable can be The deliverables represent the objectives of the stage
anything from a completed in a substantive manner whereby the project success
document,a presentation, can be evaluated and approved.
or configured system.
18
Your . rs'4.
to building regon
IGA # 90G000210
Stage 'I —initiation
The initiation stage is arguably the most critical stage of the project implementation,
because this stage sets the tone for the entire implementation by defining expectations
and guidelines for all stages.
During the project initiation stage, the State and jurisdiction Project Managers will
complete a thorough review of the project scope, objectives, deliverables, and
timeframe. This review leads to the creation for a formal Project Charter and a
comprehensive Project Plan. In addition, all project management tools and templates—
including a Project Status Report, Issues and Risk Management Log, Milestone
Acceptance, and Change Order—will be defined and agreed upon.
The Initiation stage will culminate with a Project Kickoff Meeting in which the Project
Mangers review the core objectives of the project with all project participants and
stakeholders.
Stage t
• Establish a detailed project approach for the specific business needs of the
Jurisdiction. This is manifested in the development of a project team and each
member's role and responsibility is clearly defined. This team will develop detailed
project plan, a resource/task assignment list, and an associated project timeline.
• Develop a strong communication plan that includes status meetings, progress
tracking and reporting mechanisms, issue/risk management plans, budget
management and resource management plans.
• Review and approval of all project deliverables, defined within the context of their
associated stage objectives,
• Identify all project milestones as they relate to project stages. Project milestones
include approval and sign-off requirements.
Stage ti iti
• Meet with all departmental stakeholders to discuss the overall project approach, and
communicate specific departmental expectations. This includes identifying
departmental team leads and reviewing project communication plans.
• Review project scope and create a project plan that identifies all resources needed
for specific plan tasks.
• Establish a project communication schedule that outlines project status meetings and
project progress and reporting procedures.
• Identify potential areas of risk and create a risk management plan.
• Establish the formal review and approval procedures for all deliverables, milestones
and project completion activities.
19
Your .iS#
to building Oregar°u
PanAttmg
A.t
IGA # 90G000210
Stage Deliverables
Project Charter—A comprehensive deliverable that defines how the project will be
managed and executed for each of the subsequent stages of the project. This
document details all functional areas of the project implementation. This document
includes Jurisdiction specific project approach and related plan, project organization
and roles/responsibilities matrix, a communication plan, and the issue/risk
management plan. In addition, the charter outlines how deliverables, milestones,
and change control procedures are addressed throughout the lifecycle of the project.
Baseline Project Plan—A project timeline that details the dates and durations of
system implementation activities. This plan serves as the roadmap for all
implementation activities and includes dates of status meetings and executive
committee meetings. This plan serves as the main calendar to track all events
related to this project.
Project Management Template — State and Jurisdiction Project Managers will
agree on the tools and templates that will be used to manage the project. These
typically include the Project Status Report, Issues and Risks Management Log,
Milestone Acceptance and Change Order. However, additional tools and templates
may be used depending on the individual project needs.
Project Initiation Kickoff Meeting and Product Demonstration— State and
Jurisdiction project managers will hold a project kick-off meeting to review the project
charter and plan with all project participants and stakeholders.
Stage
The Analysis phase affords the opportunity to understand and define the business
processes that are currently in place, the vision of future business processes once
Accela Automation is installed, and where and how these two sets of processes vary.
This process takes shape through a series of Requirements Workshops held with each
participating department during which system requirements are discussed. These
requirements are analyzed for the configuration of Accela Automation and include details
such as in-scope data conversions, interfaces and reports.
Stage 2 Objectives
❑ Identify the detailed system requirements for each Record type and for all in-scope
interfaces.
Work with Jurisdiction to prepare detailed requirements for in-scope data conversion
activities.
CJ Define departmental reporting needs and their purpose. Identify resources needed
in report development,and provide a fist of recommended reports(hduding custom
documents/letters/reports) defined as in-scope (both standard and the required
number of custom), pursuant to the Scope of Work.
P Creation of system test plan which verifies the system configuration and confirms
functionality within departmental requirements.
20
IGA # 90G000210
Stage 2 Activities
• Collect and chart each business process as a basis for configuration in Accela
Automation's workflow tool.
• Collect employee names and associated roles for establishing user groups.
• Document existing permit and application numbering schemes and determine their
appropriateness for the new system.
• Collect and document intake requirements, forms, and data fields for each
case/business process type.
• Collect and document output requirements (documents/letters/reports).
• Collect and document fees,fee schedules, and collection procedures for each
case/business process type.
• Collect and document all required inspections and inspection result options for each
case/business process type.
• Provide assistance in identifying potential data elements that should be mapped into
the Accela Automation application from those identified in-scope data sources.
• Work with jurisdiction to identify required fields to be mapped to existing agency
systems that are identified as "required interfaces" pursuant to the Scope of Work.
• Conduct workshops with each department's management team to discuss potential
organizational impacts associated with enhanced workflows and job functions.
• Develop training requirements for user groups within each department.
• Prepare and review a High-Level System Testing Plan for each department.
Stage 2 Deliverables
• Software Configuration Document—The blueprint for configuring the Accela
Automation system. This document that outlines all business rules and workflows
required by the jurisdiction and details the data conversion, reporting, and
infrastructure requirements to successfully deploy the application.
Stage 3: Configuration
Using the Software Configuration Document delivered at the end of the Analysis stage,
the implementation team configures the Accela Automation application to the
jurisdiction's requirements. This process includes configuration of all defined Record
types and associated workflows.
Completion of Stage 3 occurs after Stage 4. At the completion of this stage, the
development/configuration work of the application, reports, interfaces and data loading
routines will be completed and the system tested by the Project Team.
21
29
+# Your Z4.4
to building Oregon
Per- n/itthna- pitied A,.roach and mod*
IGA # 90G000210
Stage ti
• Successfully complete the configuration and testing of the Accela Automation system
to meet the in-scope requirements of the project.
• Train and work with jurisdiction staff that will develop and test the data conversion
programs used to migrate data from in-scope data sources into Accela Automation.
• Prepare Accela Automation for transition to a Production Environment.
Stage t "t
• Identify and configure all application types and associated workflows within Accela
Automation.
• Configure and test the application in a test environment to the specifications detailed
in the System Configuration Document.
• Conduct review sessions with the departments throughout the configuration process
to ensure the application look and feel and workflow functions are meeting the
expectations of the jurisdiction.
Stage lip
• Configuration of in-scope activity/application/transaction/etc. types (includes
workflows and statuses, user defined fields, fee structures, business rules, etc.)The
system will be fully configured to meet the jurisdiction's specific business rules and
processes.
BuildStage 4:
As the system is being configured, the Accela Automation application is loaded on
Oregon's support hosting environment. This stage includes development of system
integration links, event scripts, in-scope reports, and data conversion/migration
programs as defined by the final Scope of Work between the State of Oregon and the
jurisdiction.
Although the majority of stage 3 occurs before Build, configuration activities do not end
until after the Build stage is completed.
Stage 4 Objectives
• Successfully install the purchased modules/peripherals of Accela Automation on the
jurisdiction's Support environment.
• Work with jurisdiction staff to train individuals on how to ensure data conversion
mappings are accurate and schedules are in-line with required data loads for system
and user acceptance testing cycles
• Evaluate technology infrastructure for compliance with Accela Automation's technical
standards, specifications, and requirements.
• Map, review, and convert/migrate all system data into Accela Automation.
• Develop and test all in-scope interfaces, event scripts, and reporting.
22
Your t
to building Oregon
gon.
Penuit6" ect
IGA # 9OGO002]0
Stage 4 Activities
• Assess Support environment to ensure that the required infrastructure components
meet all requirements to support the Accela software.
® Make recommendations (if necessary)for upgrades to the Support environment as
required to support the Accela software installation.
® Review technology infrastructure for purposes of assessing its compliance with the
system requirements of Accela Automation.
® Install all purchased Accela Automation modules on the Support environment.
® Review the requirements for the data conversion activities to ensure proper mapping
of data fields into the Accela Automation applications.
® Work with designated jurisdiction staff to train individuals in the development and
system testing of the data conversion/migration programs necessary to convert data
from in-scope legacy applications and load the data into the Accela application.
® Configure/develop and system test the standard and custom in-scope reports per the
Requirements Definition specifications.
i Develop and test the application integration programs necessary to link the Accela
Automation application to the in-scope jurisdiction legacy systems. In addition, the
State team will communicate with the jurisdiction's IT department to confirm the
proper enhancements to the legacy systems are made to allow for the integration
with the Accela application.
B Successfully configure/build and test in-scope reports.
• Test all installed Accela Automation modules.
Stage e Deliverables
ie
a Event Script Development— Any in-scope event scripts are developed in this stage
to realize the workflow requirements and business rules identified in the Statement of
Work.
a Report Specifications and Development—All in-scope reporting is developed in
this stage to realize the reporting requirements identified in the Statement of Work.
• Data Conversion Specifications and Development—Train jurisdiction staff in all
in-scope data conversion identified in the Scope of Work.
• Interface Specifications and Development—All in-scope interfaces are built in this
stage to realize the interface requirements identified in the Scope of Work.
Stage 5 - Readiness
System readiness is the last implementation stage prior to deployment and affords the
State and Jurisdiction the time needed to test the system, train all users, and prepare for
system deployment. User acceptance testing plans are developed, approved, and
executed during this stage. The Jurisdiction will be required to sign-off at the completion
of this phase as confirmation that the requirements of the system have successfully
been met.
23
31
IGA # 900000210
Stage 5 Objectives
n Develop and execute a User Acceptance Test Plan to ensure their requirements are
met.
n Successfully execute the User Acceptance Test Plan and gain approval and
signatures confirming that the terms and conditions of the system have been met.
n Complete all User Acceptance Test activities; documented plan must be executed by
jurisdiction prior to Stage 6: Deployment.
Stage 5 Activities
ri Execute the User Acceptance Test Plan to ensure the requirements of the
jurisdiction have been met by the new system.
Schedule, conduct, and document results of testing sessions with each participating
department to execute the User Acceptance Test Plan. If necessary, corrections
deemed to be in-scope will be made to the system.
n Schedule an executive session to review the successful completion of the User
Acceptance Test Plan and gain signature that the system meets the in-scope
requirements of jurisdiction.
n Gain approval to execute the Deployment Plan.
n Schedule training sessions.
• Conduct training on Accela Automation for the specified user groups (includes end
user training, administrative and maintenance training) on their enhanced workflows
utilizing the new Accela application (business operations training).
Stage 5 Deliverables
II User Acceptance Testing—A jointly developed User Acceptance Plan will be
developed. This plan identifies what criteria must be met in order for the System to
be "accepted", and is used as a guideline in User Acceptance Testing. Approval of
completion of this deliverable represents that the agency is confirming that the team
has successfully met the requirements of the new system per the Scope of Work and
the system is ready to be deployed in production.
[i End User Training— With the system configured and built on a support
environment, specific user groups are trained in the use of Accela Automation, as
appropriate for their specific function. This training includes how their daily
responsibilities and workflows are enhanced by the Accela application (business
operations training).
Stage 6 - Deploy
The final stage of the project — Deploy — is marked by the transition of Accela
Automation to a production IT environment. All necessary go-live activities are
identified, executed, documented and reviewed. An analysis of this process occurs, in
conjunction with a review of the Scope of Work to ensure that all requirements have
been met. Once deployed, the agency may begin to use the system in their day-to-day
24
32
�� to building Oregon
Now
activities. Upon completion ofStgoeO. 8UouppodfunCtionsbansitionhzthe
Ha|odosk.
Stage 6 Objectives
• Completion of successful training on the use and maintenance of the new Accela
application.
w Successfully deploy the Aoce|a application into the production environment
• Jurisdiction begins to use the eynt8nn in their day-to-day activities.
Stage 6 Activities
w Complete all training for the specified user groups.
m Execute the Deployment P|an, whereby installing and"going live"with the new
system in the agency's production environment.
* Schedule an executive session 10 review the activities and results ofdeployment,
and gain agreement that the project has been successfully completed. .
Stage Deliverables
^�
w Go-Live Checklist Development, Tracking and Execution—A document detailing
all go-live required activities, timelines and execution.
• Go-Live—Aoce|eAutomation is fully tnanmi1ioned'tV the production environment and
ready for daily use.
• Post Go-Live Ane/ysis—A review of all activities detailed in the Go Live Checklist
and confirmation nf project oomp|eUon.
� Transition hothe HehmdeskforOngoingSuppod— Theprooeaevvherebythn
Accela Automation application is transitioned to the helpdesk for ongoing support.
This includes training jurisdiction staff on the many ways to contact and interact with
the He|pdaak' as well as the transition of all documented issues and requests from
the implementation team to Me|pdoakstaff.
25
��
IGA # 900000210
Exhibit C
Software License Agreement
Note: DCBS through the ePermit Contract has the right to permit Jurisdictions to use the
ePermit System software as set forth in Exhibit G, License Agreement, of the ePermit
Contract. While the entire software license agreement between the State and Accela, Inc.,
including the added language in Amendment 7, has been provided here for continuity
and ease of use, a participating city or county is only bound by Sections 3.1, 3.2, and 4
as specified in this Agreement.
1. Parties ACCELA CUSTOMER
Accela, Inc. State of Oregon
Department of Consumer& Business Services P.O,
2633 Camino Ramon, Suite 120 Box 14470
Bishop Ranch 3
San Ramon, California 94583 Salem, OR 97309
Attention: Contracts Administration T: Attention: Building Codes Division T:
925.659.3200 (503)378-4100 F:
F: 925.407.2722 (503)378-3989
e-Mail:contractsadrnin@accela.com e-Mail: patrick.allen@state.or.us
This License Agreement ("LA") is intended for the exclusive benefit of the Parties; except as
expressly stated herein, nothing will be construed to create any benefits, rights, or
responsibilities in any other parties.
2. Term and Termination
2.1 Term Provided that Customer signs and returns this LA to Accela no later than
August 8, 2008, this LA is effective as of the date of Customers signature
("Effective Date") and will continue until terminated as provided herein.
2.2 Termination Either party may terminate if the other party materially breaches
this LA and, after receiving a written notice describing the circumstances of the
default, fails to correct the breach within thirty (30) calendar days. Upon any
termination or expiration of this LA, all rights granted to Customer are cancelled and
revert to Accela.
3 Intellectual Property
3.1 License The software products ("Software") listed in Exhibit A are protected under the
laws of the United States and the individual states and by international treaty
provisions. Accela retains full ownership in the Software and grants to Customer a
perpetual, limited, nonexclusive, nontransferable license to use the Software, subject
to the following terms and conditions:
3.1 .1 The Software is provided for use only by Customer employees. For the
purposes of subsections 3.1, 3.2 and Sections 4 and-S of this LA, Customer
means: i) the individual Jurisdiction with respect to its use of the Software, provided
that the licensing fee has been paid for such Jurisdiction, and ii) the State of
Oregon acting by and through its Department of Consumer and Business
34
IGA # 90G000210
Services with respect to its use of the Software.
3.1.2 The Software may be installed on one or more computers but may not be used
by more than the number of users for which the Customer has named user
licenses. For the purposes of this License Agreement, the Customer has
unlimited use, per department, of any license covered by this agreement. The
Software is deemed to be in use when it is loaded into memory in a computer,
regardless of whether a user is actively working with the Software. Accela may
audit Customers use of the Software to ensure that Customer has paid for an
' appropriate number of licenses. Should the results of any such audit indicate that
Customer's use of the Software exceeds its licensed allowance, Customer agrees
to pay all costs of its overuse as determined using Accelas then-current pricing;
any such assessed costs will be due and payable by Customer upon
assessment. Customer agrees that Accelas assessment of overuse costs
pursuant to this Subsection is not a waiver by Accela of any other remedies
available to Accela in law and equity for Customer's unlicensed use of the
Software.
3.1.3 Customer may make backup copies of the Software only to protect against
destruction of the Software. With exception of the Entity Relationship Diagram and
any other documentation reasonably-designated and specifically-marked by
Accela as trade secret information not for distribution, Customer may copy Accela s
documentation for use by those persons described in section 3.1.1, supra, provided
that such use is for business purposes not inconsistent with the terms and
conditions of this Licensing Agreement. "Trade Secret" has the meaning set
forth in ORS 192.501(2)
3.1.4 Customer may not make any form of derivative work from the Software,
although Customer is permitted to develop additional or alternative functionality for
the Software using tools and/or techniques licensed to Customer by Accela.
3.1.5 Customer may not obscure, alter, or remove any confidentiality or proprietary
rights notices.
3.1.6 Subject to the limitations of Article XI, § 7 of the Oregon Constitution and the
Oregon Tort Claims Act (ORS 30.260 through 30.300), Customer is liable to Accela
for any direct damages incurred as the result of unauthorized reproduction or
distribution of the Software which occur while the Software is in Customer's
possession or control.
3.1.7 Customer may use the Software only to process transactions relating to
properties within both its own geographical and political boundaries and in
counties contiguous to Oregon with populations below 100,000. Customer may
not sell, rent, assign, sublicense, lend, or share any of its rights under this LA.
3.1.8 Customer is entitled to receive the Software compiled (object) code and is
licensed to use any data code produced through implementation and/or normal
operation of the Software; Customer is not entitled to receive source code for
the Software except pursuant to an Intellectual Property Escrow Agreement, which
may be executed separately by the Parties. Accela and Customer will execute an
Intellectual Property Escrow Agreement within 30 days of Contract execution.
35
IGA # 90G000210
3.1.9 All rights not expressly granted to Customer are retained by Accela.
3.1.10 Customers are allowed unlimited use, per department, of software products
listed in Exhibit A, for in-scope record type categories defined in Attachment 1 to this LA
In addition, each customer is allowed five (5) additional record types for activities that fall
outside of the in-scope record type categories defined in Attachment 1 to this L.A., are
delivered under the Building Department and are submitted to and approved by DCBS.
3.2 License Warranties
3.2.1 Accela warrants that it has full power and authority to grant this license and
that, as of the effective date of this LA, the Software does not infringe on any
existing intellectual property rights of any third party. If a third party claims
that the Software does infringe, Accela may, at its sole option, secure for
Customer the right to continue using the Software or modify the Software so
that it does not infringe. Accela expressly agrees to defend, indemnify, and hold
Customer harmless from any and all claims, suits, actions, losses, liabilities,
costs, expenses, including attorneys fees, and damages arising out of or related
to any claims that the Software, or the Customers use thereof, infringes any
patent, copyright, trade secret, trademark, trade dress, mask work, utility
design, or other proprietary right of any third party; provided, that Customer
shall provide Accela with prompt written notice of any infringement claim.
Accela will have the sole right to conduct the defense of any legal action and all
negotiations for its settlement or compromise; provided, however, Accela shall
not settle any claim against the Customer with the consent of Customer.
3.2.2 Accela has no obligation for any claim based upon a modified version of the
Software or the combination or operation of the Software with any product, data, or
apparatus not provided by Accela, with the exception of those products
identified in Exhibit J. Accela provides no warranty whatsoever for any third-party
hardware or software products.
3.2.3 Except as expressly set forth herein, Accela disclaims any and all express and
implied warranties, including but not necessarily limited to warranties of
merchantability and fitness for a particular purpose.
3.3 Compensation
3.3.1 License Fees In exchange for the Software described hereinabove,
Customer will pay to Accela the amounts indicated in Exhibit A3.
3.3.2 Payment Terms Amounts are quoted in United States dollars and do not
include applicable taxes, if any. The payment terms of all invoices are net
forty-five (45) calendar days from the dates of the invoices. Any payment not
paid to Accela within said period will incur a late payment in an amount •
equal to two-thirds of one percent (.66%) per month (eight percent (8% per
annum), on the outstanding balance from the billing date. Accela may, at its
sole discretion, suspend its obligations hereunder without penalty until
payments for all past-due billings have been paid in full by Customer. All
payments to Contractor are subject to ORS 293.462
36
IGA # 90G000210
4. Confidentiality
4.1 Confidentiality and Nondisclosure. Each party acknowledges that it and its
employees or agents may, in the course of performing its responsibilities under this LA,
be exposed to or acquire information that is confidential to the other party or the other
party's clients. Any and all information clearly marked confidential, or identified as
confidential in a separate writing as confidential provided by one party or its employees
or agents in the performance of this LA shall be deemed to be confidential information of
the other party ("Confidential Information"). Any reports or other documents or items
(including software)which result from the use of the Confidential Information by the
recipient of such information shall be treated with respect to confidentiality in the same
manner as the Confidential Information. Confidential Information shall be deemed not
to include information that (a) is or becomes (other than by disclosure by the party
acquiring such information) publicly known or is contained in a publicly available
document; (b) is furnished by the party disclosing such information to others without
restrictions similar to those imposed by this LA; (c) is rightfully in the receiving party's
possession without the obligation of nondisclosure prior to the time of its disclosure
under this LA; (d) is obtained from a source other than the discloser without the
obligation of confidentiality, (e) is disclosed with the written consent of the disclosing
party, or; (f) is independently developed by employees or agents of the receiving
party who can be shown to have had no access to the Confidential Information.
4.2 The recipient of Confidential Information agrees to hold Confidential Information in
strict confidence, using at least the same degree of care that it uses in maintaining the
confidentiality of its own Confidential Information, and not to copy, reproduce, sell,
assign, license, market, transfer or otherwise dispose of, give or disclose Confidential
Information to third parties or use Confidential Information for any purposes
whatsoever other than as contemplated by this LA or reasonably related thereto,
including without limitation the use by Customer of Accelas who need to access or
use the System for any valid business purpose, and to advise each of its employees
and Accelas of their obligations to keep Confidential Information confidential.
4.3 Each party shall use commercially reasonable efforts to assist the other in
identifying and preventing any unauthorized use or disclosure of any Confidential
Information. Without limitation of the foregoing, each party shall advise the other
immediately in the event it learns or has reason to believe that any person who has
had access to Confidential Information has violated or intends to violate the terms of
this LA and each party will at its expense cooperate with the other in seeking
injunctive or other equitable relief in the name of the other against any such
person.
4.4 Each party agrees that, except as provided in this LA or directed by the other, it
will not at any time during or after the term of this LA disclose, directly or
indirectly, any Confidential Information to any person, and that upon termination
of this LA each party will turn over to the other all documents, papers and other
matter in its possession which embody Confidential Information.
4.5 Each party acknowledges that breach of this Article VIII, including disclosure of
any Confidential Information will give rise to irreparable injury which is
inadequately compensable in damages. Accordingly, each party may seek and
obtain injunctive relief against the breach or threatened breach of the foregoing
undertakings, in addition to any other legal remedies that may be available. Each
37
|G& # 90GO002l0
party acknowledges and agrees that the covenants contained herein are
necessary for the protection of the legitimate business interests of the other and
are reasonable in scope and content.
4.0 Customers obligations under this Article Vill shall be subject to the Oregon Public Records
Laws, ORS 192,410thnough ORS 192.505.
END OFDOCUMENT
38
IGA # 90G000210
Exhibit E
Work Order Contract
Under the terms and conditions of the ePermit System Agreement, DCBS has the ability
to enter into a Work Order Contract for implementation services. Should implementation
services be used for the implementation of a specific participating city or county, the
provisions of that agreement will be provided here.
A Work Order Contract is not being used to implement this jurisdiction.
39
40
® s
CITY OF LAKE OSWEGO
LAKE OSWEGO
Centennial 1910-2010
380 A Avenue
PO Box 369
Lake Oswego.OR 97034
r, 503-675-3984
eT www.cioswego.or.us
TO: Jack Hoffman, Mayor
Members of the City Council
FROM: Megan Phelan, HR Director rAt
SUBJECT: Resolution 10-78 Amending the Compensation for Charter Officers
DATE: December 14, 2010
ACTION
Adopt resolution 10-78 formalizing Councils' decision to make the following compensation adjustments for
Charter Officers effective January 1, 2011:
• Municipal Court Judge: 1.5% cost of living adjustment
• City Attorney: 1.5%cost of living adjustment; 1.5%wage adjustment; 5% employee contribution to
monthly health insurance premium; buy out of up to two weeks vacation
• City Manager: 1.5%cost of living adjustment; 5% employee contribution to monthly health
insurance premium
INTRODUCTION/BACKGROUND
The City of Lake Oswego has three Charter Officers: Municipal Court Judge, City Attorney and City Manager.
Annually, Council conducts performance reviews with each of the Charter Officers and considers salary and
benefit adjustments. The last adjustment for Charter Officers was effective January 1, 2010.
DISCUSSION
Any salary adjustments should be considered carefully and with an emphasis on fiscal responsibility and
sensitivity to the economic climate in our city and region. In general, recommendations on employee
compensation are based on three main factors: market data, internal equity and employee performance. It
is up to Council to review and weigh these three factors in determining the appropriate compensation
package for each of the Charter Officers. A competitive compensation and benefits package aids in the
City's ability to attract, retain and motivate employees.
FISCAL IMPACT
41
Page 2
The wage adjustments for all three Charter Officers total $7,038.68 for the 2011 calendar year. This amount
will be off-set by contributions the City Attorney and City Manager will make towards the monthly health
insurance premium, which is a total of$1,236.24 annually.
RECOMMENDATION
Adopt resolution 10-78 formalizing Councils' decision to make the compensation adjustments for Charter
Officers effective January 1, 2011 as described above.
Reviewed by:
./7
Finance Director
42
RESOLUTION 10-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING
COMPENSATION FOR CHARTER OFFICERS
WHEREAS, the City Council annually holds performance evaluations sessions with its three Charter
Officers; and
WHEREAS, the Council considers salary and benefit adjustments for the Charter Officers following the
evaluations, subject to satisfactory or better performance evaluations; and
WHEREAS, the Council conducted evaluations for calendar year 2010 with each of its Charter Officers
individually; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Oswego does award
the following salary and/or benefit adjustments to the Charter Officers effective January 1, 2011:
• Municipal Court Judge: 1.5% cost of living adjustment
• City Attorney: 1.5% cost of living adjustment; 1.5% wage adjustment; 5% employee contribution
to monthly health insurance premium; buy out of up to two weeks vacation
• City Manager: 1.5% cost of living adjustment; 5% employee contribution to monthly health
insurance premium
Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the
14th day of December, 2010.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Jack Hoffman,Mayor
ATTEST:
Robyn Christie, City Recorder
43
44
CITY OF LAKE OSWEGO
��� lb�"d'hk
1 1 '� "sSjChd�,.
to itennia3 1910.24iCt
380 A Avenue
PO Box 369
Lake Oswego,OR 97034
503-635-0270
� www.c�.os
TO: Mayor Hoffman and Members of the City Council
CC: Alex McIntyre, City Manager
FROM: David Donaldson, Assistant City Manager
SUBJECT: Emergency Operations Plan Approval
DATE: December 7, 2010
Action
Adopt resolution 10-77 approving the City of Lake Oswego Emergency Operations Plan (EOP.
Introduction/Background
The City of Lake Oswego is currently operating with an Emergency Operations Plan (EOP)that was originally
adopted in 1994 with parts of the plan updated in 1998. A Council goal for 2010 is to update and adopt this
Plan and make sure it is responsive to emergency conditions in Lake Oswego and is completed in the most
organized, efficient and effective manner possible.
As is the case for all local governments, the Lake Oswego EOP needs to be NIMS (National Incident
Management System) compliant and based on the National Response Framework. To accomplish this,the
State of Oregon Office of Emergency Management contracted with a private company (Ecology and
Environment) to assist all counties and cities in Oregon in the updating of their EOP's. The goal is to create
plans throughout the state that are consistent, sharing the same format and terminology. Ecology and
Environment (E&E) is in the process of completing the EOP for Clackamas County. Lake Oswego was
aggressive in making sure we were the first City in the County to start the EOP update process after E&E
finished with Marion County this past summer. We met with Ecology and Environment for the first time on
October 13, 2010 to kick off the project and they presented us with a final draft of the plan November 19,
2010. A copy of that plan was presented to the Council shortly thereafter. Subsequently several minor
additions and changes have been made which we anticipate will continue as we make annual reviews to
ensure the plan has the very latest updates and accurate information.
Page 2
Discussion
The Emergency Operations Plan establishes guidance for the City of Lake Oswego's actions during response
to, and short term recovery from, major emergencies and disasters. The EOP describes the roles and
responsibilities of City departments and personnel when an incident occurs, and it establishes a strategy
and operating guidelines that support NIMS and the principles of the Incident Command System (ICS). As
part of the EOP, NIMS must be adopted by the City Council and it was by resolution in July 2005. The EOP
consists of what is called the Basic Plan that goes through each of these roles and is supported by 15
separate Emergency Support Functions or ESF's which are very specific in their focus. Examples of ESF's
include Communication, Transportation, Search and Rescue.
Our emergency management team at the City is pleased with the comprehensive and detailed plan that we
are now asking you to adopt. However, we fully realize the plan is only as good as its execution and
practice and therefore we plan to conduct annual exercises as well as annual reviews of the plan to make
sure it is usable and appropriate for our emergency management requirements. The plan makes us NIMS
compliant and eligible for federal reimbursement, is coordinated and consistent with our partners at both
Clackamas County Emergency Management and the State of Oregon, and lastly completes the goal that the
Council set for us this past January.
Alternatives & Fiscal Impact
The cost of the completing the Emergency Operations Plan by Ecology and Environment was paid
completely by the State of Oregon Office of Emergency Management. There are no fiscal impacts to the
City for the plan preparation or specific financial or resource requirements called for in the plan document.
Recommendation
Adopt resolution 10-77 approving the City of Lake Oswego Emergency Operations Plan (EOP).
R v,wed
D partment irector
City t e
Alex McIntyre
City Mana
46
RESOLUTION 10-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO APPROVING THE CITY OF
LAKE OSWEGO EMERGENCY OPERATIONS PLAN
WHEREAS, the City of Lake Oswego recognizes that planning and preparing for emergencies in
advance can reduce potential harm to people and property within our community from the
threat of natural or human-caused events such as earthquake, fire, flood, terrorism or other
hazards; and
WHEREAS, the City of Lake Oswego recognizes the importance of a unified and consistent system
to prepare for, respond to and recover from disasters and emergencies; and
WHEREAS, an Emergency Operations Plan (EOP) provides the framework for emergency response
and emergency management in the City of Lake Oswego during disasters; and
WHEREAS, the overall objective of emergency management for the City of Lake Oswego is to
ensure the effective management of response forces and resources in preparing for and
responding to situations associated with natural, human-caused and national security
emergencies; and
WHEREAS, the City of Lake Oswego's emergency management program is committed to provide
effective life safety measures, while reducing property loss and damage to the environment; and
WHEREAS, the City of Lake Oswego will do its best to prepare and respond to an emergency or
disaster, it recognizes that the overall responsibility for emergency preparedness rests with the
citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that the City
Council of Lake Oswego has hereby adopted the Emergency Operations Plan as an official plan for
the City of Lake Oswego
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 14th day of December 2010.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Resolution 10-77
Page 1 of 2
47
Jack D. Hoffman, Mayor
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM:
David D. Powell, City Attorney
ReSolutiDO10-77
Page 2Of2
•
•
CITY OF LAKE OSWEGO
LAKE OSWEGO
Centennial 1910-2010 380 A Avenue
PO Box 369
Lake Oswego,OR 97034
CO CIL • F T 503-675-3984
www.cLoswego.or.us
TO: Jack Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: David Powell, City Attorney
SUBJECT: Ordinance No. 2565
Renewal of Franchise —Northwest Natural Gas Company
DATE: December 8, 2010
ACTION
The City Council is requested to enact Ordinance 2565, renewing and updating the non-exclusive gas utility
franchise agreement between the city and Northwest Natural Gas Company (NW Natural).
INTRODUCTION/BACKGROUND
Under its home rule authority, the city grants franchises allowing utilities and telecommunications
companies to use the public rights of way to install and operate facilities in order to provide services to the
public. Franchise agreements, which are adopted by ordinance, spell out the terms and conditions of
operating in the rights of way and require the payment of franchise fees. The purpose of franchise fees is
to compensate the public for the commercial use of a public right of way, and also to recover related costs
of right of way administration and maintenance.
To date, the city has required NW Natural to pay franchise fees equaling three percent of gross revenues
earned in the city. The 2010-11 City Budget projects $453,000 in franchise fees from Northwest Natural
this fiscal year.
Public Utility Commission rules provide that gas utility franchise fees that do not exceed three percent of
gross revenues are operating expenses that must not be itemized or billed separately to customers.1 Any
portion of a franchise fee exceeding three percent is to be charged pro rata to gas customers in the city, and
is separately stated on customer bills. Although a fair number of Oregon cities charge three percent2, gas
utility franchise fees of five percent are common.3
i OAR 860-022-0040
2 E.g. Beaverton, Hillsboro, Gladstone,Wilsonville.
3 E.g. Portland,Salem, Milwaukie,Tigard.
Page 2
DISCUSSION
Ordinance 2565 extends NW Natural's exclusive gas utility franchise for a period of ten years. It gives NW
Natural the right to construct and maintain facilities within the city rights of way. The company must
receive city approval of the location for any new or relocated facilities, and obtain all required city permits.
Facilities must be maintained in a safe manner, including compliance with any city specifications.
The city may require NW Natural to relocate its facilities at the company's expense if necessary for the
public convenience or for construction of public improvements.
The ordinance continues franchise compensation at the rate of three percent of NW Natural's gross
revenue collected from customers for gas consumed within the city, and gross revenue from the use, rental
or lease of NW Natural's operating facilities. Under the proposed terms, gross revenue does not include
revenue from "Public Purpose Charges" (PPC's). The ordinance defines PPC's as including the following
charges authorized by the Public Utility Commission (PUC): the Public Purposes Funding Surcharge for
energy efficiency programs and low-income payment assistance; charges for the Oregon Low-Income Gas
Assistance program; and charges for the Smart Energy Program, which allows customers to offset
greenhouse gas emissions by purchasing emission reductions from offset projects developed by the Climate
Trust. NW Natural may request that future charges be considered to be PPC's if the charges are required or
authorized by law or by the PUC, and if they raise revenue solely for a public purpose as opposed to
compensating NW Natural for the use of natural gas or the company's facilities. If, after good faith
negotiations, the city and NW Natural cannot agree that a new charge is a PPC, it shall not be excluded
from gross income when franchise fees are calculated.
The city may declare an increase in the rate of the franchise fee following thirty days written notice to NW
Natural.
The ordinance requires NW Natural to maintain accurate books of account, and to allow the city to inspect
these records. If a city audit shows that the company has underpaid franchise fees by three percent or
more in any one year, the company must reimburse the city for the audit expense. The audit period is
limited to three years preceding the audit request.
Any underpayments or late payments of franchise fees accrue interest at the rate of nine percent.
The proposed terms require NW Natural to maintain public liability and property damage insurance
coverage of not less than $1 million per occurrence and $3 million in the aggregate, or to provide proof of
self-insurance in the required amounts. The company is also required to indemnify the city against any
claims arising from its willful, wrongful or negligent acts, or from any failure to relocate its facilities as
required under the ordinance, or from any release of hazardous substances.
The ordinance also provides that the city may declare a forfeiture of the franchise in certain cases,
including the failure to pay franchise fees or to submit required statements of fee calculations, the failure
to maintain required insurance, failure to provide record drawings and maps showing the location of its
facilities in the right of way, the failure to maintain any permit required by a governmental regulatory body
relating to operation of the facilities, or the insolvency or bankruptcy of the company. The city also has the
50
^
Page
option to impose fines of up to $1,000 per franchise violation (a separate offense is deemed committed for
each day on which a violation occurs or continues), or to suspend the Company's franchise rights until the
violation isremedied.
RECOMMENDATION
It is recommended that the City Council enact Ordinance No. 2565 —gnunting a non-exclusive gas utility
franchise to Northwest Natural Gas Company.
ATTACHMENT
* Ordinance No. 2565
52
ORDINANCE No. 2565
AN ORDINANCE OF THE CITY OF LAKE OSWEGO GRANTING A NON-EXCLUSIVE
GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY
THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS:
Section 1: Definitions and Explanations.
(1) As used in this ordinance.
(a) "City" means the City of Lake Oswego and the areas within its boundaries,
including its boundaries as extended in the future.
(b) "Council" means the legislative body of the City.
(c) "Grantee" means the corporation referred to in Section 2 of this ordinance.
(d) "Gas mains" includes all gas transmission and distribution facilities located
on or under any street, bridge or public place within the City.
(e) "Person" includes an individual, corporation, association, firm, partnership
and joint stock company.
(f) "Public place" includes any city-owned park, place or grounds within the
City that is open to the public but does not include a right of way.
(g) "Right of Way" includes a street, alley, avenue, road, boulevard,
thoroughfare, bridge or public highway within the City.
(2) As used in this ordinance, the singular number may include the plural and the
plural number may include the singular.
Section 2: Rights Granted.
Subject to the City of Lake Oswego codes, ordinances, and regulations, and the
conditions and reservations contained in this ordinance, the City hereby grants to
NORTHWEST NATURAL GAS COMPANY, a corporation, the right, privilege and
franchise to:
(1) Construct, maintain and operate a gas utility system within the City of Lake
Oswego.
(2) Install, maintain and operate on and under the rights of way of the City, facilities
for the transmission and distribution of gas to the City and its inhabitants; and
Page 1 of 12 — Ordinance No. 2565
53
(3) Transmit, distribute and sell gas.
All facilities of the Grantee currently located within rights of way in the city are covered
by this ordinance. The City may require relocation as further specified in this ordinance.
By accepting this grant of franchise, the Grantee agrees to comply with the Lake
Oswego Code, this ordinance, and all other applicable laws, ordinances and
regulations.
Section 3: Use of Right of Way by Grantee.
(1) Before the Grantee may use or occupy any right of way, the Grantee shall first
obtain permission from the City to do so and shall comply with any City
requirements imposed on such use or occupation, so long as they do not conflict
with applicable State or Federal statutes or regulations.
(2) The compensation paid by the Grantee for this franchise includes all
compensation for the use of rights of way located within the City as authorized.
Section 4. Duration.
This franchise is granted for a period of ten (10) years from and after the effective date
of this ordinance.
Section 5. Franchise Not Exclusive.
This franchise is not exclusive, and shall not be construed as a limitation on the City in:
(1) Granting rights, privileges and authority to other persons similar to or different
from those granted by this ordinance.
(2) Constructing, installing, maintaining or operating any City-owned public utility.
Section 6. Public Works and Improvements Not Affected by Franchise.
The City reserves the right to:
(1) Construct, install, maintain and operate any public improvement, work or facility.
(2) Do any work that the City may find desirable on, over or under any right of way.
(3) Vacate, alter or close any right of way.
(4) Whenever the City shall excavate or perform any work in any of the present and
future rights of way of the City, or shall contract, or issue permits, for such
excavation or work where such excavation or work may disturb Grantee's gas
mains, pipes and appurtenances, the City shall, in writing, notify Grantee
Page 2 of 12 -Ordinance No. 2565
54
sufficiently in advance of such contemplated excavation or work to enable
Grantee to take such measures as may be deemed necessary to protect such
gas mains, pipes and appurtenances from damage and possible inconvenience
or injury to the public. In any such case, the Grantee, upon request, shall furnish
maps or drawings to the City or contractor, as the case may be, showing the
location of all its structures in the area involved in such proposed excavation or
other work.
(5) Whenever the City shall vacate any right of way for the convenience or benefit of
any person or governmental agency or instrumentality the City shall attempt to
provide an acceptable alternative right of way for the location of Grantee's
facilities or shall reserve a utility easement for Grantee's facilities if feasible to do
so. If the City is unable to provide an acceptable alternative location and
reservation of a utility easement is not feasible, Grantee may be responsible for
purchasing an easement for its use outside existing City right of way.
Section 7: Continuous Service.
The Grantee shall maintain and operate an adequate system for the distribution of gas
in the City. The Grantee shall use due diligence to maintain continuous and
uninterrupted 24-hour a day service which shall at all times conform at least to the
standards common in the business and to the standards adopted by state authorities
and to standards of the City which are not in conflict with those adopted by the state
authorities. Under no circumstances shall the Grantee be liable for an interruption or
failure of service caused by an act of God, unavoidable accident or other circumstances
beyond the control of the Grantee through no fault of its own.
Section 8: Safety Standards and Work Specifications.
(1) The facilities of the Grantee shall at all times be maintained in a safe, substantial
and workmanlike manner.
(2) For the purpose of carrying out the provisions of this section, the City may
provide such specifications relating thereto as may be necessary or convenient
for public safety or the orderly development of the City. The City may amend and
add to such specifications from time to time.
Section 9: Control of Construction.
The Grantee shall file with the City maps showing the location of any construction,
extension or relocation of its facilities in the right of way of the City and shall obtain from
the City approval of the location and plans prior to commencement of the work. Except
when work is necessary during an emergency or to remedy an immediate risk of harm
to persons or property, Grantee shall obtain a permit from the City prior to engaging in
any construction, installation, extension, repair, maintenance, removal or relocation
activities within a City right of way and shall comply with all permit terms. The City in all
cases may charge the Grantee any applicable permit fees. When Grantee has engaged
in emergency work, or work to remedy an immediate risk of harm to persons or
Page 3 of 12 — Ordinance No. 2565
55
property, Grantee shall apply for and obtain a permit for this work within 72 hours of the
start of such work. Grantee shall designate on the permit a key Point of Contact to
respond to any requests by the City and to order changes and modifications as
necessary for each project. The City shall promptly respond to Grantee's requests for
permits.
Section 10: Right of Way Work and Restorations.
(1) Subject to the provisions of this ordinance, the Grantee may make necessary
excavations for the purpose of constructing, installing, relocating, maintaining
and operating its facilities. Except in emergencies, and in the performance of
routine service connections and ordinary maintenance on private property, prior
to making an excavation within any right of way, the Grantee shall obtain from
the City approval of the proposed excavation and of its location. Grantee shall
give notice to the City by telephone, electronic data transmittal or other
appropriate means at least two business days prior to the commencement of
service or maintenance work and as soon as is practicable after the
commencement of work performed under emergency conditions.
(2) When any excavation or other work affecting a right or way is made by the
Grantee, the Grantee shall promptly restore the affected portion of the right of
way to the same condition in which it was prior to the excavation or other work.
The restoration shall be in compliance with specifications, requirements and
regulations of the City in effect at the time of such restoration. If the Grantee
fails to restore promptly the affected portion of a right of way or public place to
the same condition in which it was prior to the excavation, the City shall give the
Grantee written notice and provide the Grantee a reasonable period of time not
exceeding thirty (30) days to restore the right of way or public place. If the work
of the Grantee creates a public safety hazard, as determined by the City
Engineer, the City may require the Grantee to repair or restore the right of way or
public place within 24 hours. If, after said notice, the Grantee fails to restore the
right of way or public place to as good a condition as existed before the work was
undertaken, the City may, in its discretion, make the restoration and the cost
thereof shall be paid by the Grantee.
Section 11: Location and Relocation of Facilities; Interference with Rights of Way.
(1) All facilities of the Grantee shall be placed in locations approved in advance by
the City and shall be located and maintained so that they do not interfere with the
use by the City and the public of the right of way and in accordance with any
specifications adopted by the City governing the location of facilities. Grantee
agrees to complete all activities in the right of way so as to minimize disruption of
the right of way and utility service and without interfering with other public and
private property. Grantee shall not conduct any work in the right of way during a
moratorium on right of way work, except as permitted by the City in case of an
emergency. Except in cases of emergency, the City shall provide Grantee with
at least thirty days notice of imposition of a moratorium on right of way work.
Page 4 of 12 — Ordinance No. 2565
56
(2) The City may require the Grantee to relocate its facilities in the rights of way and
public places of the City if the City, in its sole discretion, determines that the
public convenience requires such relocation or that such relocation is needed
because of construction, repair maintenance or installation of public
improvements or other operations by the City or the Lake Oswego
Redevelopment Agency. The cost of such relocation of its facilities shall be paid
by the Grantee (however, payment by Grantee shall in no way limit Grantee's
right, if any, to seek reimbursement for such costs from any third party other than
the Lake Oswego Redevelopment Agency). The City Engineer shall have
unlimited discretion in determining a reasonable relocation schedule. The
Grantee may request a meeting with the City Engineer to discuss whether
modification of the relocation schedule, alternate construction methods, or
alternate locations are reasonable, given other project constraints. However, the
City Engineer shall retain full authority and discretion to make any final decisions
regarding any modifications to the relocation requirements or schedule. Should
the Grantee fail to relocate any such facilities by the date established in the City
Engineer's schedule, the City may cause such relocation and the expense
thereof shall be paid by the Grantee, including all direct, indirect and or
consequential costs and expenses incurred by the City and/or the Lake Oswego
Redevelopment Agency due to the Grantee's delay. If the City requires the
Grantee to relocate its facilities, the City will make a reasonable effort to provide
the Grantee with an alternate location for its facilities within the right of way.
Section 12: Compensation.
(1) As compensation for the franchise granted by this ordinance, the Grantee shall
pay to the City an amount equal to three percent (3%) of the gross revenue
collected by the Grantee from its customers for gas consumed within the City
plus the gross revenue from the use, rental or lease of the Grantee's operating
facilities other than residential-type space and water heating equipment. Gross
revenue shall be computed by deducting from the total billings of the Grantee,
the total net write-off of uncollectible accounts. "Gross Revenue" does not
include revenue from Public Purpose Charges. For purposes of this subsection,
"Public Purpose Charges" means those charges collected by the Grantee
pursuant to Schedule 301, Schedule 310 and/or Schedule 400 of the Grantee's
tariff on file with the Public Utility Commission as of the effective date of this
franchise, copes of which are attached hereto as Exhibit A. The Grantee may
request exclusion from Gross Revenues of new charges or surcharges to
customers of the Grantee, upon thirty (30) days notice to the City, provided that
such charges or surcharges are required or authorized by federal or state statute,
administrative rule, or by tariff approved by the Public Utility Commission and
raise revenue used solely for a public purpose and not to compensate Grantee
for the sale or use of natural gas or for the use, rental or lease of Grantee's
facilities ("Additional Public Purpose Charges"). Public purpose activities include,
but are not limited to, energy efficiency programs, market transformation
programs, low income energy efficiency programs, and carbon offset programs
designed to benefit residential and commercial customers within the Grantee's
Page 5 of 12 — Ordinance No. 2565
57
service territory in Oregon. If, within the thirty (30)-day notice period, the City
objects to a proposed Additional Public Purpose Charge based upon a
reasonable belief that the proposed charge does not fall within the definition of
Additional Public Purpose Charges, the City and the Grantee shall enter into
good faith negotiations. If the City and the Grantee cannot agree on the inclusion
of an additional charge or surcharge as an Additional Public Purpose Charge, it
shall not be included. If the City does not object to the inclusion of an additional
charge or surcharge as an Additional Public Purpose Charge within the thirty
(30)-day notice period, the Grantee shall not be liable for franchise fees on such
charge or surcharge, provided that the charge or surcharge is solely for public
purpose activities and required or authorized as described above. The Grantee
may repeal or request the Public Utility Commission to repeal a Public Purpose
Charge or Additional Public Purpose Charge at any time and will provide notice
to the City within thirty (30) days of the repeal of such a charge.
(2) The compensation required by this section is compensation for the use of rights
of way. This compensation is separate and distinct from any other legally
authorized federal, state or local taxes or fees, and Grantee shall pay any such
fees or taxes to the City when due.
(3) The compensation required by this section shall be due for each quarter ending
March 31, June 30, September 30 and December 31, or fraction thereof within
forty-five (45) days after the close of each quarter or fraction thereof. Any
payment not made on or before the date it is due shall accrue interest at the rate
of nine percent (9%) per annum until paid.
(4) Except as otherwise prohibited or limited by law, upon thirty (30) days written
notice by City to the Grantee, the City may, in its discretion, declare an increase
in the percentage rate of compensation under subsection (1) of this section. In
the event of such a declaration said increased rate of compensation shall
thereafter be payable to the City by Grantee.
(5) The Grantee shall furnish to the City with each payment of compensation
required by this section a written statement, executed by an officer of Grantee,
showing the amount of gross revenue of the Grantee within the City for the
period covered by the payment computed on the basis set out in subsection (1)
of this section. The Grantee shall keep and preserve for not less than three (3)
years following the submittal of each report accurate documents and records,
including state and federal income and excise tax returns, to adequately support
the information submitted in its written report and the calculation of compensation
under this section. Any overpayment to the City through error or otherwise, shall
be offset against the next payment due from the Grantee.
(6) Acceptance by the City of any payment due under this section shall not be
deemed to be a waiver by the City of any breach of this franchise occurring prior
thereto, nor shall the acceptance by the City of any such payments preclude the
City from later establishing that a larger amount was actually due, or from
collecting any balance due to the City.
Page 6 of 12— Ordinance No. 2565
58
(7) Payment by the Grantee of compensation, under this section shall not exempt the
Grantee from the payment of any license fee, tax or charge on the business,
occupation, property or income of the Grantee that may be imposed by the City,
except as may otherwise be provided in the ordinance or ordinances imposing
such other license, fee, tax or charge.
Section 13: Expiration.
At the end of the Franchise term, if the City and Grantee are negotiating another
franchise and have not concluded their negotiations, Grantee's rights and
responsibilities shall be controlled by this Franchise during the period of such
negotiations. If the parties are unable to agree upon the terms and conditions of a
renewal of this franchise, the City may exercise such rights as it may have under
applicable law.
Section 14: Books of Account and Reports.
The Grantee shall keep accurate books of account at an office in Oregon for the
purpose of determining the amounts due to the City under Section 12 of this ordinance.
The City may inspect the books of account at any time during business hours and may
audit the books from time to time pursuant to Section 15 of this ordinance. The City
may require periodic reports from the Grantee relating to its operations and revenues
within the City.
Section 15: Audit
(1) Within thirty (30) days of a written request from the City, Grantee shall furnish the
City:
(a) Information sufficient to demonstrate that Grantee is in compliance with
this ordinance.
(b) Access to all books, records, maps and other documents maintained by
Grantee with respect to its facilities in City rights of way, and with respect
to the determination of gross revenue and compensation as set forth in
Section 12 of this ordinance, so that the City may perform an audit.
Grantee shall provide access to City within the Portland, Oregon
metropolitan area.
(2) If the City's audit shows that Grantee has underpaid the compensation by three
percent (3%) or more in any one year, Grantee shall reimburse the City for the
cost of the audit.
(3) Grantee shall pay any underpayment, plus interest accrued from the original due
date at the rate specified in this ordinance, within sixty (60) days of the date that
the City mails the audit results to Grantee.
Page 7 of 12 — Ordinance No. 2565
59
(4) The audit period shall be limited to the three years immediately preceding the
request for audit.
Section 16: Maps and Other Information.
The Grantee shall maintain on file, at an office in Oregon, record drawings, maps and
operational data pertaining to its operations in the City Limits. Authorized
representatives of the City may inspect the record drawings, maps and data at any time
during business hours. Upon request of the City, the Grantee shall furnish to the City,
without charge and on a current basis, record drawings and maps showing the location
of Grantees facilities in the right of way. Upon request of the City, the Grantee shall
instead furnish electronic access to such record drawings and maps. The level of detail
in the records provided by the Grantee shall be limited to that which is needed for the
City's administration of the right of way in order to protect Grantee's confidential
business information and the security of Grantee's gas utility system.
The Grantee and the City may determine that the location of certain gas facilities should
be confidential as the public interest may require. In such a case, the Grantee shall
notify the City of which records disclosing the location of gas facilities should be treated
as confidential. The City shall treat any public record disclosing the location of these
facilities as confidential, subject to the provisions of state law and the Oregon Public
Records law. The City shall limit access to any such confidential record to trustworthy
employees of the City with a need to know the information set out in the record. The
City shall store any such confidential record in a secure and private place and avoid
making and distributing copies of the record. This paragraph is not a limitation of
Grantee's obligation to provide required permit information under Section 9 of this
Franchise.
Section 17: Insurance
Grantee shall provide and keep in force public liability and property damage insurance,
with a thirty (30) day cancellation clause, with a combined single limit for bodily injury
liability and property damage liability of not less than one million dollars ($1,000,000)
per occurrence, with an aggregate limit of not less three million dollars ($3,000,000).
The insurance shall be evidenced by a certificate of insurance filed with the City
Recorder. The insurance shall be without prejudice to coverage otherwise existing, and
shall name as additional insureds the City and its officers, agents and employees.
Notwithstanding the naming of additional insureds, the insurance shall protect each
insured in the same manner as though a separate policy had been issued to each, but
nothing herein shall operate to increase the insurer's liability as set forth elsewhere in
the policy beyond the amount or amounts for which the insurer would have been liable if
only one person or interest had been named as insured. The coverage must apply as
to claims between insureds on the policy. The insurance shall provide that the
coverage shall not be canceled or materially altered without thirty (30) days' prior written
notice first being given to the City Recorder. If the insurance in canceled or materially
altered within the term of this franchise, the Grantee shall obtain a replacement policy
Page 8 of 12 — Ordinance No. 2565
60
with the same terms. The Grantee shall maintain continuous uninterrupted coverage, in
the terms and amounts required, for the duration of this franchise. In lieu of the third-
party public liability insurance policy, Grantee may provide proof of, and keep in force,
self-insurance, or a self-insured retention plus insurance, in an amount at least equal to
the limits required above, and providing at least the same scope of coverage for the
Grantee, the City and the City's officers, agents and employees. In addition to the initial
proof of such self-insurance, proof of continuing self-insurance must be provided at
least annually. The adequacy of such self-insurance shall be subject to the City
Attorney's review and approval.
Section 18: Indemnification.
(1) The Grantee shall indemnify, defend and hold the City and its officers, agents
and employees harmless from any and all claims for injury, damage, loss,
liability, cost and expense, including court and appeal costs and attorney fees
and expenses, arising from damage to property and/or injury to, or death of,
persons due to any willful, wrongful or negligent act or omission of the Grantee,
its agents or employees in exercising the rights, privileges and obligations under
the franchise hereby granted, or by reason of any failure of Grantee to keep its
facilities in a safe condition.
(2) The Grantee shall also indemnify the City, its officers, agents and employees, for
any damages, claims, additional costs or expenses assessed against or payable
by the City arising out of or resulting, directly or indirectly, from the Grantee's
failure to remove, adjust or relocate any of its facilities in a timely manner in
accordance with the relocation schedule furnished as provided in section 11(2) of
this franchise, unless the Grantee's failure arises directly from the City's
negligence or willful misconduct.
(3) The Grantee shall also forever indemnify the City, its officers, agents and
employees, from and against any claims, costs and expenses of any kind,
whether direct or indirect, or pursuant to any state or federal law, statute,
regulation or order, for the removal or remediation of any leaks, spills,
contamination or residues of Hazardous Substances, as defined in ORS
465.200(16) (2007), directly attributable to Grantee's facilities in the right of way.
Section 19: Assignment of Franchise.
(1) Transfer as a regulated service: City consent is not required in connection with
any assignment, transfer, lease, or mortgage that is subject to the review and
approval, and is approved, by the Oregon Public Utility Commission. If the
franchise is assigned or transferred, the assignee or transferee shall become
responsible for all facilities of the Grantee at the time of the transfer. The
transferee or assignee will be bound by this franchise ordinance and all applicable
City ordinances and regulations as they exist at the time of the transfer. A
transfer or assignment does not extend the term of the franchise.
Page 9 of 12 — Ordinance No. 2565
61
(2) Transfer as a non-regulated service: If transfer of ownership or control of Grantee
is not subject to the approval of the Oregon Public Utility Commission or a
successor agency, Grantee shall not transfer or assign this franchise to any other
party without the express written consent of the City. A transfer of ownership or
control of a majority interest in the grantee shall constitute a transfer of the
franchise. If the franchise is assigned or transferred, the assignee or transferee
shall become responsible for all facilities of the Grantee at the time of the transfer.
Any approved transferee or assignee shall agree in writing to be bound by the
terms of this ordinance and all applicable City ordinances and regulations as they
exist at the time of the transfer. A transfer or assignment of the franchise does
not extend the term of the franchise.
(3) Pledges, assignments, and mortgages for the purposes of obtaining financing for
the acquisition, development and operations of Grantee's facilities shall not be
considered transfers subject to this Section.
Section 20: Forfeiture and Remedies.
(1) In addition to any other rights set out elsewhere in this franchise, the City
reserves the right to declare a forfeiture of the franchise, and all of the Grantee's
rights thereunder, in the event of any failure by the Grantee to fully comply with
the material elements of this franchise, including, without limitation:
(a) The invalidation, failure to pay or any suspension of the Grantee's
payments of compensation to the City under this franchise;
(b) Any failure by the Grantee to submit timely statements regarding its
calculation of compensation pursuant to Section 12(5) of this franchise;
(c) Any failure by the Grantee to maintain the liability insurance required
under this franchise;
(d) Any failure to provide information as required under Section 16 of this
franchise;
(2) The City also reserves the right to declare a forfeiture of the franchise, and all of
the Grantee's rights thereunder in either of the following events:
(a) There is a final determination that the Grantee has failed, refused,
neglected, or is otherwise unable to obtain and/or maintain any permit
• required by any federal or state regulatory body regarding the Grantee's
operation of its system with the City; or
(b) The Grantee becomes unable or unwilling to pay its debts, or is adjudged
bankrupt.
Page 10 of 12 — Ordinance No. 2565
62
(3) In addition to any rights set out elsewhere in this franchise, as well as its rights
under the City Code, the City reserves the right at its sole option to apply any of
the following, alone or in combination:
(a) Impose a financial penalty of up to $1,000 per franchise violation; or
(b) Suspend the Grantee's rights related to the violation until the Grantee
corrects or otherwise remedies the violation.
A separate and distinct offense shall be deemed committed each day on which a
violation occurs or continues.
(4) The City Council may revoke this franchise in the event that any provision
becomes invalid or unenforceable and the City Council finds that such provision
constituted a consideration material to the grant of the franchise.
(5) In determining which remedy or remedies are appropriate, the City shall consider
the nature of the violation, the Grantee's efforts to cure the violation after notice
thereof, the persons burdened by the violation, the nature of the remedy required
in order to prevent further such violations, and any other matters the City deems
appropriate.
(6) The City shall give the Grantee thirty (30) days' prior written notice of its intent to
exercise its rights under this Section 20, stating the reasons for such action. If
the Grantee cures the stated reason within the thirty-day period, or if the Grantee
initiates efforts satisfactory to the City to remedy the stated reason within the
thirty-day period and the efforts continue to the City's satisfaction, the City shall
not exercise its right to revoke or to terminate the franchise by forfeiture.
Section 21: Remedies Not Exclusive, When Requirement Waived.
All remedies and penalties under this ordinance, including termination of the franchise,
are cumulative, and the recovery or enforcement of one is not a bar to the recovery or
enforcement of any other such remedy of penalty. The remedies and penalties
contained in this ordinance, including termination of the franchise, are not exclusive and
the City reserves the right to enforce the penal provisions of any ordinance or resolution
and to avail itself of any and all remedies available at law or in equity. Failure to enforce
shall not be construed as a waiver of a breach of any term, condition or obligation
imposed upon the Grantee by or pursuant to this ordinance. A specific waiver of a
particular breach of any term, condition or obligation imposed upon the Grantee by or
pursuant to this ordinance shall not be a waiver of any other or subsequent or future
breach of the same or of any other term, condition or obligation, or a waiver of the term,
condition or obligation itself.
Page 11 of 12 — Ordinance No. 2565
63
Section 22: Police Powers and Other Laws.
Each and every term, provision, and condition herein is subject to the provisions of
federal law, Oregon law, the Charter of the City of Lake Oswego, and the ordinances
and regulations enacted pursuant thereto. Grantee's rights hereunder are subject to the
police powers of the City to adopt and enforce ordinances necessary to the safety,
health, good order, comfort, and general welfare of the public, and as may be deemed
necessary by the City in the exercise of its police power. Grantee agrees to comply with
all laws and ordinances of general applicability enacted, or hereafter enacted, by the
City or any other legally constituted governmental unit having jurisdiction.
Section 23: Acceptance.
The Grantee shall, within thirty (30) days from the date this ordinance takes effect, file
with the City its written unconditional acceptance of this franchise, and if the Grantee
fails so to do, this ordinance shall be void.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on
day of , 2010
AYES:
NOES:
ABSTAIN:
EXCUSED:
Jack D, Hoffman, Mayor
Dated:
ATTEST:
Robyn Christie, City Recorder
APPROVED .t_A..S.TO FORM:
David Powell, City Attorney
Page 12 of 12 — Ordinance No. 2565
64
Exhibit A
NORTHWEST NATURAL GAS COMPANY
P.U.C. Or. 24 Second Revision of Sheet 301-1
Cancels First Revision Sheet 301-1
A .
SCHEDULE 301
PUBLIC PURPOSES FUNDING SURCHARGE
PURPOSE:
To specify the method of billing of a Public Purposes surcharge that is to fund public purposes
activities to be administered through one or more independent entities. Public purposes activities
include, but may not necessarily be limited to,energy efficiency programs, market transformation
programs, residential low-income energy efficiency programs, and residential low-income bill payment
assistance programs designed to benefit Residential and Commercial Customers within NW Natural's
service territory in Oregon.
APPLICABLE:
To Residential and Commercial Customers served on the following Rate Schedules of this Tariff:
Residential Commercial
Schedule 1 Schedule 1
Schedule 2 Schedule 3
Schedule 31 (CSF)
Schedule 31 (CSI)
ADJUSTMENT TO RATES: Effective: November 1,2009
A Public Purposes surcharge will be assessed on the total energy use billed(the total of the
Customer Charge plus the per therm usage charges)and shown as a line item on each customers
monthly bill as follows:
Residential: 4.74°/0 of the total energy use billed
Commercial: 4.41%of the total energy use billed
The funds collected from such Public Purposes surcharge shall be allocated to specific separate
accounts to fund the specified public purposes program(s)as follows:
RESIDENTIAL:
4.16%will support public purpose funding for Schedule 350 energy efficiency programs
delivered and administered by the Energy Trust of Oregon(Energy Trust).
0.58%will support public purpose funding for Schedule 310 low-income bill payment
assistance activities.
0.00%will support public purpose funding for Schedule 320 low-income energy efficiency
activities.
COMMERCIAL:
4.16%will support public purpose funding for Schedule 350 energy efficiency programs
delivered and administered by the Energy Trust.
0.25%will support public purpose funding for Schedule 320 low-income energy efficiency
activities.
(continue to Sheet 301-2)
Issued October 15, 2009 Effective with service on
NWN Advice No. OP UC 09-13A and after November 1, 2009
Issued by: NORTHWEST NATURAL GAS COMPANY
d.b.a.NW Natural
220 NW.Second Avenue
Portland,Oregon 97209-3991
65
,
` .
NORTHWEST NATURAL GAS COMPANY
. P.U.[. Or.24 Second Revision of Sheet 3O1-2
Cancels First Revision mf Sheet 3D1-2
� SCHEDULE3O1
/ PUBLIC PURPOSES FUNDING SURCHARGE
(continued)
DETERMINATION OF BATE
The Company will annually determine if the Public Purpose Funding Surcharge for the Schedule 35O
| energy efficianoy programs needs!obo adjusted,effective November 1'uo that forecasted
! collections, plus unspent collections held by the Energy Trust are sufficient for acquiring cost-effective
| demand side management based upon resource portfolio and conservation supply curve
i methodologies consistent with the Company's last acknowledged Integrated Resource Plan or |
Integrated Resource Plan update, plus a spending reserve appropriately sized for economic
conditions and forecasted growth. '
SPECIAL CONDITIONS:
1. Each month,the Company will bill the Public Purposes surcharge on all Residential andCommercial Customer bills. By the ]
w |
of the month following the billing the Company
will forward the amount of funds expected tobecollected from billings issued for the prior
calendar month,less. }
percentage of net whto-oOs.0o the respective fund administrator Funds
retained in the accounts after the 2e of the month will earn interest at the Company's currently
authorized rate of return until distributed, unless otherwise specified in an approved program or
- other agreement, �
,
2. The Company will retain un amount not 0o exceed*5DI0U per year from the monies collected k,
fund Schedule 320 low4ncome energy efficiency programs 1obe used for the purpose ofan L
independent program performance evaluation,
` ' |
3. The monies collected for Schedule 350 programswill be transferred to the Energy Trust. The ^
Energy Trust in the entity approved by the Oregon Public\Utility Commission(OPVC)k/receive
such public purposes funds,and to use such funds to designpromote and administer Natural
Gas energy efficiency programs in accordance with agreements executed.between the Company
and the Energy Trust.
4. The monies collected for Schedule 310 and Schedule 320pmgramx*iU be transferred to the
appropriate intemal program accounts (OLGA and OUEE,respectively)based on the allocation
set forth inthis Gchodd\e3O1. '
�
5. Each year,hobe effective October 1.or such other date oo the Commission may approve,the
Company will determine the amount of residential low-income public purposes funds that will be
allocated betwee Schedule 310 andSchedule 820 programs. In making this determination,the
� Company will consult with at least one representative from: the staff cd the Public Utility
i Commission,(b)Citizens Utility Board,and(c)Community Action Partnership of Oregon. The \
minimum public purposes fund allocation for Schedule 310 programs shall be 0.33%of monthly �
| residential customer bills.
/
(continue ho Sheet 30-3) T
|
Issued October,15. 20O9 Effective with service on |
NWN Advice No.C>PUCD9'i3A and after November 1.2UU8 /
Issued by; NORTHWEST NATURAL GAS COMPANY
-----
d.uu m*memral
zmmwxSecond Avenue
Portland,Oregon 97:09-3991
|
/
6 6
NORTHWEST NATURAL GAS COMPANY
P.U.C. Or. 24 Original Sheet 301-3
SCHEDULE 301
PUBLIC PURPOSES FUNDING SURCHARGE
(continued)
6, The Company,and any independent entity selected to administer public purposes programs
under this Tariff,will report program results as directed by the Commission. Copies of all reports
provided by the fund administrators to the Commission shall also be submitted to the Company
for review.
7. All funds collected from NW Natural Customers will be allocated only to programs that are
available within the Company's service territory in Oregon.
GENERAL TERMS:
This Schedule is governed by the terms of this Rate Schedule,the General Rules and Regulations
contained in this Tariff and by all rules and regulations prescribed by regulatory authorities,as
amended from time to time.
Issued October 15,2009 Effective with service on
NWN Advice No. OPUC 09-13A and after November 1,2009
Issued by: NORTHWEST NATURAL GAS COMPANY
d.b a.NW Natural
220 NW.Second Avenue
Portland,Oregon 97209-3991
67
NORTHWEST NATURAL GAS COMPANY
P.U.C. Or.24 Second Revision of Sheet 310-1
Cancels First Revision of Sheet 310-1
SCHEDULE 310
OREGON LOW-INCOME GAS ASSISTANCE (OLGA)
PURPOSE:
To describe the program within which that portion of the funds collected and designated for use for
low-income bill payment assistance activities under Schedule 301 Public Purposes Funding
Surcharge°will be administered and delivered to eligible customers. This program is filed pursuant to
ORS 757.315.
APPLICABLE:
To Residential Customers taking service under Rate Schedule 1 and Rate Schedule 2 of this Tariff.
SPECIAL CONDITIONS:
1. Funds collected under Schedule 301 will be disbursed from the OLGA Account directly to
individual customer utility accounts based on electronic vouchers received from each participating
Community Action Agency(Agency).
2. All funds collected under this program will be distributed only to income-eligible Residential
Customers of NW Natural. Funds distribution will be accomplished using a cashless voucher
system. The cashless voucher system will allow the transfer of authorized payments to an
individual customer's utility account from the OLGA program account based on an electronic
voucher list submitted to the company by each participating Agency. The Company will process
vouchers as soon as possible following receipt. In the event the Company receives a voucher
authorization for a single customer from two or more agencies,the Company will process only
one voucher authorization.
3. In order to participate in the OLGA program,an Agency must be a legal entity,contracting or
subcontracting with the State of Oregon,Department of Housing and Community Services
(OHCS),which is eligible to administer funding under the Federal Low Income Energy Assistance
Program(LIEAP).
4. Each participating Agency will have sole responsibility to screen and approve bill payment
assistance applicants for eligibility. Except where funds are specifically authorized by the
Company for customized bill payment assistance plans,which may be available from time to
time,each Agency shall follow the established protocols for the qualification of and disbursement
to eligible participants in accordance with the guidelines promulgated by OHCS and the Low-
Income Energy Assistance Act of 1981 and subsequent amendments,as outlined in the OHCS
Omnibus Contract. The amount of assistance from LIEAP and OLGA for eligible participants
shall be based on the LIEAP/OEA Poverty Guidelines and Payment Matrix from the OHCS
Operations Manual for these programs. Except where different allocations may be allowed under
any special program that may be offered during a program year,any voucher authorizations
received by the Company that exceed these guidelines will be appropriately adjusted.
(continue to Sheet 310-2)
Issued September 29, 2008 Effective with service on
NWN Advice No. OPUC 08-8 and after November 1, 2008
Issued by: NORTHWEST NATURAL GAS COMPANY
d.b.a.NW Natural
220 Al Second Avenue
Portland,Oregon 97209-3991
NORTHWEST NATURAL GAS COMPANY
P.U.G. Or.24 Second Revision of Sheet 310-2
Cancels First Revision of Sheet 310-2
SCHEDULE 310
OREGON LOW-INCOME GAS ASSISTANCE (OLGA)
(continued)
SPECIAL CONDITIONS fcontinuedl:
5. The Company will determine the allocation of OLGA funds to participating agencies at the
beginning of each program year based on the same allocation used to allocate funds during
the previous program year. Except that,in the Company's sole discretion,funds may be re-
allocated to other Agencies at any time during the program year whenever the Company
determines that such a re-allocation is the most effective and efficient use of the available
funds.
6. Each Agency will be reimbursed from the OLGA Account for certain administrative costs and
direct program costs incurred by them in the administration and delivery of the OLGA
program to NW Natural customers. At the beginning of each program year,the Company
will negotiate with each participating Agency to determine the specific reimbursements that
will be allowed in that program year. Agency reimbursements will be determined by the
following guidelines: Up to 5%for Administrative Costs;and up to 15%for Direct Program
Costs. Any Agency requesting an amount greater than that provided for in these guidelines
will be required first to support such request to the company's satisfaction. In no event will
the combination of Administration and Direct Program costs for any one Agency exceed 30
percent of the total OLGA funds actually disbursed by such Agency.
7. The company will reimburse each Agency for their administrative and direct program costs on
the 201'business day of the month following the month for which reimbursement is requested.
Reimbursement will be based on the amount of OLGA funds actually disbursed by the
agency in that month,as determined by the electronic voucher lists submitted by the Agency.
The Company must receive all reports by the 5th business day of each month.
8. Any amounts not disbursed in the program year will carry over to the next program year.
9. The OLGA program year will extend from October 1 through September 30. The Company
will provide an annual summary evaluation report on the progress of the OLGA program for
review by the Commission by December 31 following the end of each program year.
GENERAL TERMS:
This Schedule is governed by the terms of this Rate Schedule,the General Rules and Regulations
contained in this Tariff and by all rules and regulations prescribed by regulatory authorities,as
amended from time to time.
Issued September 29,2008 Effective with service on
NWN Advice No.OPUC 08-8 and after November 1,2008
Issued by: NORTHWEST NATURAL GAS COMPANY
d.b.a.NW Natural •
220 N.W. Second Avenue
Portland,Oregon 97209-3991
SS
`
~
~
NORTHWEST NATURAL GAS COMPANY .
P.O.C. Dr.24 Original Sheet 4DO1
SCHEDULE4OQ
SMART ENERGY PROGRAM (Pilot)
PURPOSE-
To set forth the terms and conditions for billing,payment and disbursement of funds collected under
the Smart Energy Program(Pmgram).
AVAILABLE:
� This Program is available to the Residential and Commercial Customer Classes. Customers may
^ enroll in the Program at any time. The rates for participation in this Program will be reflected on the
Customer's next regular monthly bill following the date nfenrollment.
� .
' PROGRAMTE
The Smart Energy Program will operate as a five-year pilot from its initial effective date. Prior to the
end of the 01 ot period,the Company will analyze its benefits and determine if the program should be
continued as is, modified or discontinued. The Commission or the Company,and The Climate Trust
can call for a review of the program at any time.
PROGRAM DESCRIPTION:
Smart Energy is a voluntary program that enables residential and commercial customers to offset
greenhouse gas emissions associated with their natural gas use by purchasing high quality project-
based emission reductions from offset projects developed by The Climate Trust. Priority will be given
to projects that help bring biogas to the region.
CANCELLATION OF PROGRAM PARTICIPATION:
Customers may terminate participation in the Program at any time by notifying NW Natural inwriting,
by telephone or by Internet The termination will be reflected with the Customer's next regular
monthly bill following the date m termination.
'
-
Smart Energy charges are in addition to charges due for gas service m the Customer,and
shall be subject tn late charges am set forth inSchedule Cnf this Tariff.
Residential Customer Class Options.
| Residential customers may choose one of two rate options: (1)Fixed Rate,or(2)Volumetric Rate Un
{ offset their greenhouse gas emissions.
. Fixed Rate. $G.08 per bill
� Volumetric Rate- u010486 per therm
The Fixed Rate option is based on the cost,as of June 29,2007,of offsetting emissions associated
with natural gas from un average residential home that uses 88G therms per year. Customers that
select this option will never pay more than the stated Fixed Rate per bill, The total offsets purchased
from The Climate Trust may vary based on the cost o(those offsets.
(continue ha Sheet 400,2
Issued June 29 2007 Effective with service on � . .
NVVN Advice No.QPUCOT-4 and after September 1.2007
-- - ' Issued by. NORTHWEST NATURAL GAS COMPANY — - —
��xWNatural
220 N.W Sec*nd Avenue
Portland,Oregon 97209-3991 '
70
^ ^
- NORTHWEST NATURAL GAS COMPANY
P.U.C. Oc24
Original Sheet 4UD-2
� SCHEDULE400
/
SMART ENERGY PROGRAM (Pilot)
(continued)
Residential Customer Class Options.(cmpbnu*d) |
i The Volumetric Rate provides the option tu offset emissions associated with natural gas usage on the
basis of the customer's actual monthly usage. Customers that select this option will tend to pay more
| during the winter heating months. The Volumetric Rate is based on the oox\of offsets as of June 28. '
2007. The total offsets purchased from The Climate Trust may vary based on the cost of those
offsets.
Commercial Customer Class Option.
Commercial customers may choose o Fixed Rate of their choice (not less than$10 per bill). The
Fixed Rate can be in any mmcmn\of Customo/n dhoosing,but mmno\be|oon than$18 per monthly
bill.
At the time of enrollment, Customers will be given an aohme$m of the vanu|Ung Monthly Percentage of '
Offset being purchased for the Fixed Rate selected. The monthly Percentage of Offset amount will
he ca|mUatod based on the Customers past 12 months o(usage at the time of enrollment and the
cost of offsets as of June 29.2007. The total offsets purchased from The Climate Trust may vary
based nn the cost o/those offsets.
FUNDS COLLECTION AND AGENCY ALLOCATIONS: '
Each month,the Company will bill and collect Smart Energy funds in accordance with this Schedule
400. By the 20"'of the month following the billing month,the amount collected,net of an allowance
for uncollectibles,will be deposited into a market-based interest bearing bank account dedicated to
the Smart Energy Program(Smart EnergyAcommU. The reserve for unmo||exbb|ex shall be in an - l
amount equal to NW Natural's average percentage of residential net write-offs. �
| - PROGRAM ADMINISTRATION COSTS:
The Company will be reimbursed from the Smart Energy Account each month for actual program
administration costs incurred.
REPORTS:
Annual Report The Company will fiha a report with the Commission within sixty(50)do ' following |
the end nf each program year.The report will include participation details,ananmlyois of. 'ndx |
cOltected and expenditures related to the product and a review of offset expenditures by the Climate
Trust oobehalf of participants.
Third-Year Report. |n addition tn the Annual Report,n4 the end of the third full program year,the
Company will file o more detailed report that includes apmgnam'ho'date evaluation aa well aoa l
discussion of any state,federal, regulatory or other changes that have ur will affect the Program. `
GENERAL TERMS: l
This schedule in governed by the terms of this Schedule,the General Rules and RaUulabona �
� contained in this Tariff and by all rules and regulations prescribed by regulatory outhnhUus'as
� amended from time\otime.
i
Issued June 2Q.20O7 Effective with service on
NWN Advice No. DPUC07-4 and after September 1. 20O7
- Issued by: NORTHWEST NATURAL GAS COMPANY —
—
uo�.wWwatum
zmmvr Second Avenue
,vmo d, Oregon 9/29-399/