This Interagency Agreement ("Agreement"), dated this _____ day of _______________, 2002 is made and entered into by and between the City of Portland, Bureau of Parks and Recreation, a municipal corporation ("Bureau") and the Portland Development Commission ("PDC, Commission").

RECITALS

1)  Whereas PDC, as the duly designated Urban Renewal agency of the City of Portland, is granted broad powers under ORS 451.170 for the planning and implementation of urban renewal projects; and

2)  Whereas, the Bureau of Parks and Recreation is responsible for maintenance, management and development of parks and open spaces; and

3)  Whereas, a cooperative partnership between the Commission and the Bureau of Parks and Recreation will be beneficial to the implementation of urban renewal plans and the development of other public policies, plans and capital projects; and

4)  Whereas, both parties desire to enter into an Agreement that will establish terms and conditions by which one party will engage and compensate the other party for performing a specific scope of work;

Now therefore, the parties agree as follows:

AGREEMENT:

I.  CONTRACT MANAGEMENT

A)  Commission ¾ The Commission Contract Manager (" PDC Contract Manager") shall be Baruti Artharee, or such other person as designated in writing by the PDC Deputy Executive Director. The PDC Contract Manger is authorized to approve work and billings hereunder, to give notices and to carry out other Commission actions referred to herein, including termination of this Agreement as provided in Section IV.

B)  Bureau ¾ The Bureau Contract Manager ("Bureau Contract Manager") shall be Zari Santner or such other person as designated in writing by Director of the Bureau of Parks and Recreation. The Bureau Contract Manager is authorized to approve work and billings hereunder, to give notices and to carry out other Bureau actions referred to herein, including termination of this Agreement as provided in Section IV.

C)  The party for whom the work is being performed, and who will be compensating the other party for performing the work, shall be referred to in this Agreement as the "Funding Agency."

D)  The party performing work for the Funding Agency shall be referred to in this Agreement as the "Performing Agency."

II.  SCOPE OF SERVICES

Services to be performed shall be set out in Attachments to this Agreement describing in more detail the specific scope of work for individual projects. If any part of any Attachment is found to be in conflict with this Agreement, then the language of this Agreement shall prevail.

A)  Projects included within this agreement whereby the Bureau is performing work for the Commission are:

1)  Oregon Convention Center/Central Eastside URA: Esplanade Project and Construction Management; further described in Attachment A-1.

2)  Lents Town Center URA: Parks Improvements; further described in Attachment A-2.

3)  North Macadam URA: South Waterfront Landscape Maintenance; further described in Attachment A-3.

4)  Interstate Corridor URA: Parks/Open Space Assessment and Beach Community Garden; further described in Attachment A-4.

5)  River District URA: Design of North Park Square; further described in Attachment A-5.

B)  Projects included within this agreement whereby the Commission is performing work for the Bureau are:

None

C)  Scope Of Work ¾ The following provisions shall apply to each individual Scope of Work described in this Section and included as an attachment to this Agreement.

1)  A Project Manager shall be designated by the Bureau ("Bureau Project Manager"), and a Project Manager shall be designated by the Commission ("PDC Project Manager") to carry out designated responsibilities.

2)  Staffing ¾ The PDC Contract Manager and the Bureau Contract Manager will confer regularly to review project management and staffing needs and performance, and identify desired changes, if any.

(i)  If either the Commission or the Bureau desires to replace a Project Manager, or other key staff identified in a Scope of Work Attachment, the Contract Manager shall notify the other Contract Manager in writing, and they will meet to discuss and agree on adjusting the Scope of Work accordingly to provide adequate time to make such change.

3)  Approvals

(a)  Where projects require public involvement, the Bureau and the Commission will collaborate in designing the outreach and involvement activities and obtaining approval from the Funding Agency Project Manager prior to implementation.

(b)  The Bureau and the Commission will collaborate in preparing any written material (e.g., news releases, brochures, news letters, reports) intended for public distribution, with adequate time provided for review, comment and approval by the Funding Agency Project Manager prior to public issuance of such written materials.

(c)  The Funding Agency Project Manager shall be immediately notified of any inquiry from a media or press representative, and shall be consulted prior to any verbal or written information on the project being provided to such a representative.

4)  The Funding Agency Project Manager shall be invited to attend all regular or significant project meetings and to participate in steering, management, or technical advisory committees organized for the Project.

5)  The Funding Agency Project Manager shall, if desired, receive timely copies of all work products, including drawings, specifications, designs, draft and final copies of technical and consultant analysis and reports, construction progress reports, and key correspondence prepared or received during the course of the project.

6)  The Funding Agency Contract Manager may request at any time a Project Status Report on progress towards completion of the Scope Of Work, which shall be provided within 72 hours of receiving a written request.

7)  Changes to a Scope of Work

(a)  Changes to a Scope of Work, allocation of contingency budget (if any) and modification to the Authorized Budget may be made upon written agreement by the project managers identified in a Scope of Work Attachment to this Agreement, provided the maximum authorized funding level is not exceeded.

(b)  If changes to a Scope of Work require an increase to the authorized funding level, an amendment to this master Interagency Agreement is required which authorizes a revised Scope of Work Plan and Budget, detailed in a revised Attachment. Such amendment shall be agreed to by the Executive Director of the Commission and the Director of the Bureau of Parks and Recreation.

(c)  Changes shall not take effect or be binding on either party until commemorated in writing.

III.  EFFECTIVE AND TERMINATION DATES

This Interagency Agreement shall be effective for Fiscal Year 2003, from July 1, 2002 through June 30, 2003.

IV.  EARLY TERMINATION OF CONTRACT

A)  This Agreement, or a project identified in any attachment, may be terminated at any time by mutual written consent.

B)  Either party, with thirty (30) days written notice may terminate a project identified in Section II of this Agreement where the public interest requires work to cease.

C)  In the event of early termination of a project identified in Section I the work shall cease promptly and a final billing request submitted within 60 days of the effective date of termination. In the event of early termination, eligible costs incurred through the date of the project’s termination will be reimbursed.

V.  COMPENSATION /   ALLOWABLE COSTS

A)  The Commission shall pay the Bureau of Parks and Recreation a sum not to exceed SEVEN HUNDRED FIFTY EIGHT THOUSAND, THREE HUNDRED THIRTY NINE ($758,339) for accomplishment of the work identified in Section II-A above.

B)  The Performing Agency may seek reimbursement from the Funding Agency for the following costs, subject to the expenditure of these funds being for approved activities in an attached Scope Of Work and within the authorized budget. In certain circumstances, the Funding Agency Project Manager may authorize a prepayment of future expense obligations.

1)  Direct Costs

(a)  Personal Services ¾ reimbursement for direct wages paid to personnel calculated at the base hourly rate established in the Scope of Work.

(b)  Benefit Costs ¾ reimbursement for a portion of benefit costs associated with direct wages, and fixed at FIFTY FOUR PERCENT (54%) of direct wages; which represents the average full benefit load attributable to city employees.

(c)  Materials & Services ¾ actual costs for the purchase of materials, supplies, and services, or reimbursement of incidental expenses and Bureau support staff personal services where the expenditure is for carrying out an approved Scope Of Work activity, and within the authorized budget.

(d)  Contracted Services ¾ reimbursement for contracted professional or construction services in carrying out an approved Scope Of Work activity, and within the authorized budget.

(e)  Program Management ¾ reimbursement for costs associated to a management group within the Performing Agency that provides direct and exclusive supervision to project staff assigned to an approved Scope of Work attached to this Agreement, and whose costs of providing such management is ordinarily distributed via an indirect cost allocation to all projects undertaken by the program, as opposed to actual and direct billings to individual projects.

(i)  Actual reimbursement rate shall be that established and adopted by the Performing Agency for the fiscal year and applied to all internal and external projects and contracts.

(ii)  The rate for reimbursement for Program Management costs under this Agreement shall not exceed FIFTEEN PERCENT (15%) of Personal Services and Benefit Costs as described herein.

(iii)  Prior to reimbursement of any program management costs under this Agreement per this Section, Performing Agency shall provide the Funding Agency with appropriate documentation substantiating a reimbursement rate; and acceptable to the Funding Agency.

(iv)  Such documentation shall include the names (or positions, if vacant) of all staff included in the specific management group; and these staff shall not otherwise charge time to any Scope of Work under this Agreement for which reimbursement per this Section is provided.

2)  Indirect Costs ¾ reimbursement for a portion of overhead costs and fixed at TWENTY FIVE PERCENT (25%) of Personal Services and Benefit Costs. This category is intended to help pay for generally fixed costs related to the administration and operation of an organization, including costs for executive management personnel, rent, telephone, computer systems, insurance, office supplies, and equipment.

3)  The Funding Agency Project Manager shall be immediately notified of any actual or anticipated variance between the authorized budget and the estimated cost or expenditure rate of a work item. The parties shall then make a good faith effort to negotiate for a successful modification of the Scope of Work. Unless the scope of Work is modified per Section II-7 of this Agreement, the Funding Agency shall not be obligated to make payments for costs that exceed the authorized budget.

C)  Expenses, including personal services, incurred for out of town travel, training, educational expenses and equipment purchase are not reimbursable under this contract unless mutually agreed to in advance.

VI.  BILLING AND PAYMENT PROCEDURE

A)  The Performing Agency shall submit to the Funding Agency Contract Manager a separate itemized billing for work performed for each Scope of Work for review and approval at least quarterly.

1)  In order to receive timely payment, interim billings must be received no later than forty (40) days following the end of a billing period.

2)  Final billings upon early termination of the Agreement need to be received within sixty (60) days of the date of termination. If no bill or interim Project Status Report is received within this time period, the Funding Agency will have no obligation to honor late billings.

3)  Billings for the period ending on June 30, 2003 need to be received by August 31, 2003 in order to assure payment. If no bill or interim Project Status Report is received within this time period, the Funding Agency will have no obligation to honor late billings.

B)  Each billing shall include a Work Completion Report and a Billing Detail Report in a format created and/or approved by the Funding Agency. At a minimum, each billing shall include:

1)  a description of the nature and cost of work accomplished,

2)  the names, rates and hours worked of personnel,

3)  disbursements to consultants, contractors and outside vendors for materials and services; and

4)  any other specific detail or documentation as desired by the Funding Agency Contract Manager.

C)  If billings are received with incomplete information or disputed items, the Funding Agency will advise the billing party in writing what specific information is missing or disputed. The Funding Agency will proceed to process payment for items not in dispute.

VII.  COMPLIANCE WITH LAWS

In connection with its activities under this Agreement, the parties shall comply with all applicable federal, state and local laws and regulations.

VIII.  INDEMNIFICATION

As between PDC and the Bureau, PDC will be responsible for any claims, demands, actions or suits arising from the Commission's work or any subcontractor performing the Commission's work under this Agreement. The Bureau will be responsible for any claims, demands, actions or suits arising from the Bureau’s work or any subcontractor performing the Bureau’s work under this Agreement.

IX.  SUBCONTRACTING

Work under this Agreement shall not be subcontracted in whole or in part to other than City agencies, without the written approval of the Funding Agency Project Manager. The Performing Agency shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Performing Agency as specified in this Agreement. Notwithstanding approval by the Funding Agency Project Manager of a subcontractor, the Performing Agency shall remain obligated for full performance hereunder, and the Funding Agency shall incur no obligation to the subcontractor hereunder.

X.  OWNERSHIP OF WORK PRODUCT

Unless otherwise agreed to in writing by both parties, the Performing Agency shall own any and all data, documents, plans, designs, drawings, technical data reports, specifications, working papers and other materials produced in connection with this Agreement. Ownership also includes all rights, title and interest, including but not limited to copyright rights of specified work products.

XI.  DELIVERY / MAINTENANCE OF RECORDS

The Performing Agency shall maintain records on a current basis to support its billings to the Funding Agency. The Funding Agency or its authorized representative shall have the authority to inspect, audit and copy, on reasonable notice and from time to time, any records of the Performing Agency regarding its billings or its work hereunder, for a period of 3 years after completion or termination of this Agreement.

XII.  FUNDING ACKNOWLEDGEMENT / SIGNAGE

A)  Any oral reports made to neighborhood, business, or other civic organizations, as well as to any members of the press shall acknowledge work being done is based on a partnership between the Bureau and the Portland Development Commission and, if appropriate, financed by “the [insert appropriate name] Urban Renewal Project”.

B)  For projects involving construction activities funded by the Commission, the Bureau shall display a sign, to be provided by the Commission, near the construction site and readily visible to the public, specifying that the project is being "funded by the Portland Development Commission’s [insert appropriate name] Urban Renewal Project." The sign shall remain in place until construction is complete.

XIII.  CONFLICT RESOLUTION

If a dispute arises regarding performance, cost, schedule, scope, quality or other terms and conditions of this Agreement, all parties agree to exercise good faith in expeditiously resolving said conflict in the following manner.

A)  All conflicts should first be discussed and resolved if at all possible by the Project Managers specified in the relevant attached Scope of Work.

B)  If the conflict cannot be resolved by the Project Managers, or involves one of the Project Managers, then the conflict should be elevated to the Contract Managers specified in Section I for discussion and resolution.

C)  If the conflict cannot be resolved by the Contract Managers, or involves one of the Contract Managers, then the conflict should be elevated to the Director of the Bureau of Parks and Recreation and the Executive Director of the Commission for discussion and resolution.

XIV.  MISCELLANEOUS PROVISIONS

A)  The Bureau or PDC may amend this Agreement only in writing and by mutual consent.

B)  This agreement contains the entire agreement between PDC and the Bureau for work to be performed during fiscal year 2002 - 2003 for the projects identified in Section I. It supercedes all prior written or oral discussions or agreements concerning work to be performed by either party for the other during fiscal year 2002 - 2003 for the projects identified herein.

C)  When the Bureau is performing work for the Commission, the Bureau will employ its best efforts to meet or exceed PDC utilization goals for Emerging Small Businesses and Women and Minority owned businesses.

IN WITNESS WHEREOF, the City of Portland, through the Portland Bureau of Parks and Recreation and the Portland Development Commission have executed this Agreement as of the date first written above.

Attachment A-1

Interagency Agreement

Between

Portland Development Commission

And

Portland Parks & Recreation

Project:    Eastbank Esplanade

Scope Of Work:  Project and Construction Management

I.  Background  

A)  PDC and Portland Parks and Recreation (“Parks”) are co-managing a long-term effort to build a regionally significant recreation and transportation amenity in the Central eastside Industrial District in Downtown Portland. As part of this effort, PDC and Parks will complete unfinished Phase II Eastbank Esplanade projects as well as begin implementation of Phase III projects with special emphasis on development of a Light Watercraft Center in the existing Holman building.

B)  The budget included within this agreement includes all costs that Parks may incur to complete this scope of work including staff time, permits, reviews and inspection fees payable to the City of Portland, State of Oregon as well as other project related expenses.

C)  Parks may incur additional capital costs in FY 2002/03 if Parks and PDC determine that permanent restroom facilities are to be constructed within the Fire Station 7 building. The Commission may consider funding for this item through future amendments to this agreement. This additional capital cost may be reimbursable with tax increment funding in the amount representing the difference between the budget allocated for the Esplanade Plaza/Parking Potty Enclosure Punch List item ($20,000) and the estimated cost of restroom construction (undetermined at this time). The Esplanade Plaza/Parking Potty Enclosure will not be constructed if permanent restroom facilities are provided in the Fire Station 7 building.

D)   In FY 2003/04, additional capital costs for crime/safety improvements, such as call boxes and security cameras, may be incurred if Parks and PDC determine the necessity of such improvements. The Commission may consider funding for these items through future amendments to this agreement.

II.  Scope Of Work ¾ Fiscal Year 2002-2003

III.  Project Management

A)  The Commission Project Manager ("PDC Project Manager") shall be Kia Selley, or such other person as designated in writing by the Director of Development.

B)  The Bureau Project Manager ("Bureau Project Manager") shall be George Lozovoy, or such other person as designated in writing by the Director of Portland Parks & Recreation and approved by the PDC Project Manager.

IV.  Project Staffing/Costs ¾ The following Bureau personnel are being assigned to perform the work described in this Attachment. Only personnel listed below, or subsequently identified and authorized by the PDC Project Manager, shall be reimbursed for authorized work at the specified rate

A)  George Lozovoy, Project Manager

B)  David Gray, Construction Manager

C)  Mary Anne Cassin, Supervisor

D)  Gay Greger, Community Relations

V.  Subcontractors approved by the PDC Project Manager:

NONE

VI.  Funding

A)  The Commission shall compensate the Bureau in an amount not to exceed TWENTY EIGHT THOUSAND DOLLARS ($28,000) for completion of the Scope Of Work described herein.

B)  Billings shall be made according to Section V of the Interagency Agreement to which this Scope Of Work is attached.

VII.  Work Ownership ¾ Per Section X of the Interagency Agreement,

A)  The following specific work products described in Section II above shall remain the property of the Bureau:

Floating Walkway Debris Management Plan

B)  The following specific work products described in Section II above shall remain the property of the Commission:

None

VIII.  Special Provisions

A)  Parks has assumed responsibility for park management, recreational programming, operations and maintenance for Phase I and Phase II of the Eastbank Esplanade.

B)  Parks shall prepare a brief monthly report that covers specific activities carried out by Parks staff and the expended project hours in the prior month and submit to the PDC project manager.

This agreement defines the extent of PDC commitment for costs incurred by Parks for Eastbank Esplanade projects and activities in FY 2002/03, unless Parks and PDC renegotiate this agreement. More specifically, Parks and PDC agree that the scope of work and budget described herein will complete all Eastbank Esplanade Phase II projects.

Attachment A-2

Interagency Agreement

Between

Portland Development Commission

And

Portland Bureau of Park & Recreation

Project:    Lents Town Center Urban Renewal Project

Scope Of Work:   Park Lighting and Improvements

I.  Background  

A)  PDC is charged by the Lents Town Center Urban Renewal Plan with carrying out activities that support neighborhood renewal and commercial revitalization in the Lents Town Center Urban Renewal Area.

B)  Park improvements are consistent with the Lents Town Center Urban Renewal Plan which calls for the development and/ or improvement of parks and open space facilities to increase neighborhood livability and the vitality of commercial areas.

C)  PDC, as lead agency responsible for management, budgeting, and implementation of the Lents Town Center Urban Renewal Plan, has allocated funds for the planning, design and construction of park improvements for FY 2002-2003.

II.  Scope Of Work ¾ Fiscal Year 2002-2003

Carry out the planning, design, and implementation of park improvement projects in the Lents Town Center Urban Renewal Area.

III.  Project Management

A)  The Commission Project Manager ("PDC Project Manager") shall be John Southgate, Jr., or such other person as designated in writing by the Director of Development.

B)  The Bureau Project Manager ("Bureau Project Manager") shall be Mary Anne Cassin, or such other person as designated in writing by the Director of the Bureau of Parks & Recreation and approved by the PDC Project Manager.

IV.  Project Staffing ¾ The following Bureau personnel are being assigned to perform the work described in this Attachment. Only personnel listed below, or subsequently identified and authorized by the PDC Project Manager, shall be reimbursed for authorized work.

A)  Mary Anne Cassin, Project Manager

B)  Rod Wojtanik, Landscape Architect

C)  Kathleen Wadden, Sr. Planner

D)  Gay Greger, Public Involvement

E)  John Guiher, Construction Inspection

F)  Alan Johnson, Project Associate

V.  Subcontractors approved by the PDC Project Manager:

Subcontractors will not be selected until Fall, 2002. Subcontractors will selected and co-managed by the PDC and Bureau Project Managers. Provisions for funding subcontractors are included in Section II of this Agreement.

VI.  Funding

A)  The Commission shall compensate the Bureau in an amount not to exceed THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($375,000) for completion of the Scope Of Work described herein.

B)  Billings shall be made according to Section V of the Interagency Agreement to which this Scope Of Work is attached.

VII.  Work Ownership. Per Section X of the Interagency Agreement,

C)  The following specific work products described in Section II above shall remain the property of the Bureau:

None

D)  The following specific work products described in Section II above shall remain the property of the Commission:

None

VIII.  Special Provisions

A)  The improvements to be built shall be consistent with those identified for and endorsed by the Lents Town Center Parks and Recreation Project Advisory Committee.

B)  The PDC Project Manager must approve any projects that are 'to be determined'.

Attachment A-3

Interagency Agreement

Between

Portland Development Commission And

Portland Parks and Recreation

Project:    Downtown Waterfront Urban Renewal Project

Scope Of Work:  South Waterfront Landscape Maintenance

I.  Background  

A)  The Downtown Waterfront Urban Renewal District established goals and objectives for public investment and redevelopment in the South Waterfront area. In implementing these goals, the Portland Development Commission assembled land for redevelopment, and acquired a parcel of land immediately north of the I-5 Marquam Bridge from Pacific Power and Light (“PP&L”). As a condition of the acquisition, the Commission relocated the PP&L substation to its present location in 1989. The precise location of planned SW Moody Avenue right-of-way was unknown at the time of the substation relocation.

B)  In 1992-3, the Commission sponsored and managed the South Waterfront Project, construction of SW River Drive and SW Moody Avenue. A vacant portion of land remained between SW Moody Avenue right-of-way and the substation easement area, and was landscaped later by the Commission, in accordance with the design approved in LUR94-00025 DZ. This landscaped area remains in Commission ownership, and is adjacent to a Commission-owned redevelopment parcel.

C)  The Commission and PP&L have reviewed their respective files and records, and agreed that the Substation Relocation and Development Agreement dated February 1, 1998, does not provide for landscape maintenance responsibilities on the Commission property outside of the substation easement area.

D)  City zoning codes require that the landscaping approved in LUR 94-00025 DZ is maintained according to the approved design.

E)  City code also calls for property owners to maintain adjacent parking strips within public rights-of-way.

F)  The Bureau has agreed to contract with the Commission for the routine maintenance of landscape improvements (“the “Work”) on property owned by the City of Portland, by and through the Portland Development Commission (“Commission”), on the Site. The “Site” includes a portion of Lot 4, SOUTH WATERFRONT EXTENSION, and parking strips adjacent to Lots 3 and 4, SOUTH WATERFRONT EXTENSION.

G)   The Bureau’s Horticultural Services division (“Hort Services”) shall provide the following services as needed for regular, routine maintenance of landscaping on the site: litter pick-up, leaf removal, irrigation system operation and maintenance, pruning, fertilization, weed control, low limbing of trees, removal of tree suckers.

Hort Services shall visit the Site at least the minimum number of times per month listed below, or additional times as needed to complete the work program.

Scope Of Work ¾ Fiscal Year 2002-2003

III.  Project Management

A)  The Commission Project Manager ("PDC Project Manager") shall be John Matschiner, Real Estate Coordinator, or such other person as designated in writing by the Director of Development.

B)  The Bureau Project Manager ("Bureau Project Manager") shall be Kathleen Murrin, or such other person as designated in writing by the Director of the Bureau of Parks and Recreation and approved by the PDC Project Manager.

IV.  Project Staffing ¾ The following Bureau personnel are being assigned to perform the work described in this Attachment. Only personnel listed below, or subsequently identified and authorized by the PDC Project Manager, shall be reimbursed for authorized work.

A)  Kathleen Murrin, Project Manager

V.  Subcontractors approved by the PDC Project Manager:

None.

VI.  Funding

A)  The Commission shall compensate the Bureau in an amount not to exceed FOUR THOUSAND THREE HUNDRED DOLLARS ($4,300.00) for completion of the Scope Of Work described herein.

B)  Billings shall be made according to Section VI of the Interagency Agreement to which this Scope Of Work is attached.

VII.  Work Ownership/Product Rights ¾ Per Section X of the Interagency Agreement,

A)  The following specific work products described in Section II above shall remain the property of the Bureau:

None

B)  The following specific work products described in Section II above shall remain the property of the Commission:

None

VIII.  Special Provisions

A)  The Commission Contract Manager shall be notified within 14 days of any non-routine maintenance, protection, or repair necessary to keep the landscaping in good condition during the course of this agreement.

Attachment A-4

Interagency Agreement

Between the

Portland Development Commission And

Portland Parks and Recreation

Project:    Interstate Corridor Urban Renewal Area

Scope of Work:  Parks/Open Space Assessment and Beach Community Garden

I.  Background  

A)  PDC is charged by the Interstate Corridor Urban Renewal Plan with carrying out activities that support neighborhood revitalization and increased livability in the Interstate Corridor Urban Renewal Area.

B)  The planning, outreach, design services and management for parks and trail/natural areas will carry forth the objectives set forth in the 2000 Interstate Urban Renewal Plan calling for the improvement and development of parks and open space areas to increase neighborhood livability.

C)  Assisting with the capital costs for the development of Beach Community Garden in the Overlook Neighborhood will also carry forth the objectives set forth in the 2000 Interstate Urban Renewal Plan calling for the improvement and/or development of parks and open space areas to increase neighborhood livability.

D)  PDC, as lead agency responsible for management, budgeting and implementation of the Interstate Corridor Urban Renewal Plan, has allocated funds for improving parks, open spaces, trails and natural areas in FY 2002-2003.

II.  Scope Of Work ¾ Fiscal Year 2002-2003

III.  Project Management

A)  The Commission Project Manager ("PDC Project Manager") shall be John Southgate or such other person as designated in writing by the Director of Development.

B)  The Bureau Project Manager ("Bureau Project Manager") shall be Kathleen Wadden or such other person as designated in writing by the Director of the Bureau of Portland Parks and Recreation and approved by the PDC Project Manager.

IV.  Project Staffing/Costs ¾ The following Bureau personnel are being assigned to perform the work described in this Attachment. Only personnel listed below, or subsequently identified and authorized by the PDC Project Manager, shall be reimbursed for authorized work.

Park Needs and Trails Assessment

A)  Kathleen Wadden, Senior Planner

B)  Janet Bebb, Planning Supervisor

C)  Mary Rose Navarro, Program Specialist

D)  Gregg Everhart, Senior Planner

E)  Gay Greger, Community Relations

Beach Community Garden

F)  Kathleen Murrin, Horticulture Services Supervisor

G)  Leslie Pohl-Kosbau, Community Garden Coordinator

V.  Subcontractors approved by the PDC Project Manager:

NONE

VI.  Funding

A)  The Commission shall compensate the Bureau in an amount not to exceed FORTY THREE THOUSAND THREE HUNDRED FIFTY DOLLARS ($43,350) for the completion of the Scope Of Work described herein.

B)  Billings shall be made according to Section V of the Interagency Agreement to which this Scope Of Work is attached.

VII.  Work Ownership/ Product Rights – Per Section X of the Interagency Agreement

1)  The following work products described in Section II, shall remain the property of the Bureau

A.  Parks/Open Space Assessment - Summary Reports, Maps;

B.  Trails/Natural Area Evaluation – Summary Report, Maps;

C.  Beach Community Garden – A New Community Garden.

2)  Rights to the following products shall be retained by the Commission:

None

VIII.  Special Provisions

A)  The Bureau shall involve citizens adjacent to Beach Community Garden in design decisions and provide them with ongoing information about project progress.

Attachment A-5

Interagency Agreement

Between

Portland Development Commission

And

Portland Parks and Recreation

Project:    River District North Park Square

Scope Of Work:  Design of North Park Square

I.  Background

A)  The planning for the North Park Square was developed by the Tanner Creek Park and Water Feature Steering Committee and documented in a report dated October 1998. This document was the result of a substantial public involvement effort and describes the basic size, configuration, location and programming for four River Districts parks: Jamison Square, North Park Square, Neighborhood Park and Riverfront Park.

B)  On October 21, 1998, City Council Resolution 35736 adopted the Tanner Creek Park and Water Feature Steering Committee Report and directed the Portland Development Commission (PDC) and Portland Parks and Recreation (Parks) to jointly manage the design and construction of these parks, including North Park Square.

C)  The Amended and Restated Agreement for Development between the City of Portland and Hoyt Street Properties, L.L.C., dated March 12, 1999 which among other things, includes a provision for the conveyance of the property to the City of Portland by September 8, 2003.

D)  North Park Square is approximately 40,000 square feet. It is bounded by NW 10^th Avenue, NW 11^th Avenue, NW Marshall Street and NW Northrup Street.

E)  Peter Walker and Partners Landscape Architects (PWAP), developed the Master Plan for the River District parks and documented the plan in the Portland River District Park System Urban Design Framework Study dated January 2001. PWAP also designed Jamison Square, which further defines the urban design concept and design vocabulary. The Master Plan and Jamison Square were well received by the community and it is anticipated the Master Plan will influence the design of North Park Square and the other River District parks.

F)  Jamison Square, the first park, opened in June 2002. Housing development projects continue in the direction of North Park Square and it is timely to begin the design and development process for North Park Square.

G)  During the fiscal year 2002-2003, the project will include consultant selection, programming, schematic design and design development. During the fiscal year 2003-2004, construction documents will be developed, and during the fiscal year 2004-2005, construction will be completed, with opening anticipated for spring 2005.

II.  Scope Of Work ¾ Fiscal Year 2002-2003

All of the following work items are intended to be co-managed with Parks and PDC. The budget established assumes that Parks will initiate some tasks and respond to PDC staff initiative on others. Design consultants are anticipated to be selected by PDC and Parks and contracted through Parks.

III.  Project Management

B)  The Commission Project Manager ("PDC Project Manager") shall be Kathryn Krygier, or such other person as designated in writing by the Director of Development.

C)  The Bureau Project Manager ("Bureau Project Manager") shall be Mary Anne Cassin, or such other person as designated in writing by the Director of the Bureau of Parks and Recreation and approved by the PDC Project Manager.

IV.  Project Staffing ¾ The following Bureau personnel are being assigned to perform the work described in this Attachment. Only personnel listed below, or subsequently identified and authorized by the PDC Project Manager, shall be reimbursed for authorized work.

A)  Gay Greger, Public Involvement

B)  Bryan Aptekar, Public Involvement

C)  Mary Rose Navarro, Public Involvement

D)  Mary Anne Cassin, Program Manager

E)  Janet Bebb, Project Manager

F)  Alan Johnson, Project Associate

V.  Subcontractors approved by the PDC Project Manager:

Subcontractors will not be selected until Fall, 2002. Subcontractors will selected and co-managed by the PDC and Bureau Project Managers. Provisions for funding subcontractors are included in Section II of this Agreement.

VI.  Funding

Funding for Parks is listed in Section II of this Agreement. The Commission shall compensate the Bureau in an amount not to exceed THREE HUNDRED AND SEVEN THOUSAND SIX HUNDRED AND EIGHTY NINE DOLLARS ($307,689) for completion of the Scope of Work described herein.

A)  Billings shall be made according to Section VI of the Interagency Agreement to which this Scope Of Work is attached.

VII.  Work Ownership ¾ Per Section X of the Interagency Agreement,

A)  The following specific work products described in Section II above shall remain the property of the Bureau:

ALL. PDC may request copies of any of the work products.

B)  The following specific work products described in Section II above shall remain the property of the Commission:

None.

VIII.  Special Provisions

A)  Included in this Agreement in Section II above is a PDC Contingency that may only be used for this Project and only at the discretion of the PDC Project Manager.

B)  The PDC Project Manager shall review any changes to this contract in excess of two thousand five hundred dollars ($2,500).