President Bernice Bagnall Treasurer Jim Duggan

BOARD MEETING AGENDA March 18, 2020

Vice President Dick Schmidt Secretary Todd Sanders

Acting Secretary Jim Doane

To prepare to address the Board, please fill out the Public Comment Form located on the table near the main door to the meeting room. All testimony is electronically recorded. You are not required to give your address when speaking to the Board of Commissioners, only your name. Public participation is encouraged.

Assistive listening devices are available upon request 48 hours prior to the day of the meeting by calling (503) 848‐3000. For additional questions or assistance, see the District Recorder seated near the windows.

Meetings are broadcast by Tualatin Valley Community Television (TVCTV) Government Access Programming at a later date. To obtain the monthly programming schedule, contact TVCTV at (503) 629‐8534 or visit www.tvctv.org .

For online meeting information, Commissioner bios and more, visit www.tvwd.org. VISION Delivering the best water  service  value

MISSION STATEMENT To provide our community quality water and customer service

VALUES Reliability  Integrity  Stewardship  Excellence  Safety

EXECUTIVE SESSION – 6:00 PM – MAIN CONFERENCE ROOM An executive session of the Board is called under ORS 192.660(2)(f) to consider information or records that are exempt by law from public inspection and ORS 192.660(2)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.

REGULAR SESSION – 7:00 PM

CALL TO ORDER

REPORTS BY THE CHIEF EXECUTIVE OFFICER AND MANAGEMENT STAFF

COMMISSIONER COMMUNICATIONS

A. Reports of meetings attended

B. Topics to be raised by the Commissioners

PUBLIC COMMENT This time is set aside for persons wishing to address the Board on items on the Consent Agenda and matters not on the agenda. Additional public comment will be invited on agenda items as they are presented. Each person is limited to five minutes, unless an extension is granted by the Board. Should three or more people testify on the same topic, each person will be limited to three minutes.

1. CONSENT AGENDA These items are considered to be routine and may be approved in one motion without separate discussion. Any Board members may request that an item be removed by motion for discussion and separate action. Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Board has approved those items which do not require discussion.

A. Approve the February 19, 2020 regular meeting minutes.

B. Approve the March 3, 2020 work session minutes.

2. BUSINESS AGENDA

A. Consider adopting Resolution 05‐20, a resolution revising the other service charges for the Tualatin Valley Water District with an effective date of May 1, 2020. Staff Report – Paul Matthews

B. Consider adopting Resolution 06‐20, a resolution approving an Emergency Water Supply Contract between Tualatin Valley Water District, City of Portland and City of Hillsboro. Staff Report – Clark Balfour

C. Consider, acting as the Local Contract Review Board, adopting Resolution 07‐20, a resolution granting the Public Contracting Officer emergency contracting powers to prepare for, prevent and mitigate the effects of COVID‐19 coronavirus. Staff Report – Clark Balfour

D. Consider adopting Resolution 08‐20, a resolution declaring an emergency and granting the Chief Executive Officer emergency powers to prepare for, prevent and mitigate the effects of COVID‐19 in conjunction with federal, state and local public health officials and emergency management officials. Staff Report – Clark Balfour

3. INFORMATIONAL PRESENTATION

A. Local Contract Review Board Rules Update. Staff Report – Clark Balfour

ADJOURNMENT This page intentionally left blank Link back to agenda 1A

Board Meeting Minutes February 19, 2020 REGULAR SESSION – 7:00 PM

CALL TO ORDER

Commissioners Present: Bernice Bagnall; Jim Doane, PE; Jim Duggan, PE; Todd Sanders; Dick Schmidt

Staff Present: Tom Hickmann, PE, Chief Executive Officer; Clark Balfour, General Counsel; Paul Matthews, Chief Financial Officer; Carrie Pak, PE, Chief Engineer; Dave Kraska, PE, Water Supply Program Director; Andrea Watson, Communications and Public Affairs Supervisor; Collin Fleming, Facilities Supervisor; Katherine Lipari DeSau, Executive Assistant

Other Attendees: David Schmidt

REPORTS BY THE CHIEF EXECUTIVE OFFICER AND MANAGEMENT STAFF

Mr. Hickmann reported on the Cryptosporidium detections in Bull Run water over the past month as well as House Bill 4043 legislation. He announced that TVWD is a recent recipient of the Government Finance Officers Association Distinguished Budget Presentation Award and the American Water Works Association – Pacific Northwest Section Excellence in Communications Award for TVWD’s new website (see attached memo).

Mr. Matthews provided the safety minute on spring outdoor hazard reminders.

Mr. Matthews provided a Finance Department update on the District’s revenue and operating expenditures. He reported that revenue and expenditures will continue to be carefully monitored, and an updated Financial Plan will be presented to the Board in May (see attached presentation).

In response to a question, staff confirmed that the District lobby redesign will be complete by mid‐April.

COMMISSIONER COMMUNICATIONS

A. Reports of meetings attended

Commissioners described and submitted a list of recently attended meetings (see attached forms).

B. Topics to be raised by the Commissioners

There were none.

PUBLIC COMMENT

There was none.

1. CONSENT AGENDA

A. Approve the January 15, 2020 regular meeting minutes.

B. Approve the February 4, 2020 work session minutes.

Motion was made by Duggan, seconded by Schmidt, to approve the Consent Agenda as presented. The motion passed unanimously with Bagnall, Doane, Duggan, Sanders and Schmidt voting in favor.

2. BUSINESS AGENDA

There were no Business Agenda items.

3. INFORMATIONAL PRESENTATION

A. Proposed Update to Other Service Charges and Penalties. Staff Report – Paul Matthews

Mr. Matthews reviewed the District’s fee schedule and a proposed update to the District’s hydrant permit fees. Consideration for approval of the revision is scheduled for the March 18, 2020 regular meeting (see attached presentation).

In response to questions, staff indicated that the proposed updates clarify the 12‐month hydrant permit duration, and hydrant program customers were notified about the proposed fee changes as part of the outreach process.

ADJOURNMENT

There being no further business, President Bagnall adjourned the meeting at 7:33 p.m.

Bernice Bagnall, President Todd Sanders, Secretary

MEMO

Date: February 19, 2020 To: Tualatin Valley Water District Board of Commissioners From: Tom Hickmann, CEO Re: Chief Executive Officer and Management Staff Report

The following items will be covered during the report by the CEO:

1. Portland Cryptosporidium Results – Portland Water Bureau reported that a total of eleven Cryptosporidium oocysts were detected in select water samples collected from the Bull Run Headworks between January 12 and February 12. The State has determined that the public does not need to take additional protections at this time. Portland Water Bureau will continue increased sampling four times per week until we have at least three weeks without any detections. Complete results of Portland’s Cryptosporidium monitoring are posted on the Water Bureau’s website.

2. HB4043 – As announced last week in the Thursday Memo, HB4043 has been pulled from any further action this legislative session. This week we have been informed that a work group will be formed to discuss this issue further. We have let Mark Landauer, from SDAO, know that TVWD is interested in participating in this work group.

3. GFOA Budget Award – Tualatin Valley Water District (TVWD) recently received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. The prestigious national honor was earned for TVWD’s outstanding presentation of its 2019-2021 biennial budget.

The award reflects TVWD’s commitment to meeting the highest standards of governmental budgeting and the desire to make the budget understandable to all customers. It is based on how well the budget document serves as: • A policy document, • A financial plan, • An operations guide, and • A communications device.

4. AWWA-PNWS Communications Award – TVWD earned an AWWA-PNWS Excellence in Communications Award for the new TVWD website. There will be

1850 SW 170th Avenue, Beaverton, Oregon 97003 // phone 503-848-3000 // fax 503-649-2733 // www.tvwd.org CEO & Management Staff Report to the TVWD Board of Commissioners February 19, 2020 Page 2

an opportunity to present on the award at the Section Conference, in Spokane, this spring.

5. Safety Minute and Department Report – Paul Matthews, Chief Financial Officer, will present the safety minute and department report this evening.

2/19/2020

Department Report Finance Department

Paul L. Matthews Chief Financial Officer

Update on District Revenue

Water Sales Revenue

•Current forecast of an unfavorable variance for the fiscal year of $4.0 to $4.5 million or about 5.7% •Forecast of unfavorable variance lacks certainty •Weak performance in July (18.7% below forecast) • Bimonthly billing cycles •Beaverton withdrawals • Weather‐driven demands can be cyclical and run 3 to 5 years •May require adjustment to the District’s Financial Plan

1 2/19/2020

Volume Water Sales Variance

$0.0 ‐$0.2 ‐$0.4 ‐$0.6 ‐$0.8 ‐$1.0 ‐$1.2 Millions ‐$1.4 ‐$1.6 ‐$1.8 ‐$2.0 21 20 20 19 21 20 20 19 21 20 20 19 21 20 20 19 21 21 20 20 20 20 19 19 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jul Jan Jan Jun Jun Oct Oct Apr Apr Feb Sep Feb Sep Dec Dec Aug Aug Nov Nov Mar Mar May May Favorable Unfavorable

Fixed Charge Variance

$120.0 $100.0 $80.0 $60.0 $40.0

Thousands $20.0 $0.0 ‐$20.0 21 20 20 19 21 20 20 19 21 20 20 19 21 20 20 19 21 21 20 20 20 20 19 19 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jul Jan Jan Jun Jun Oct Oct Apr Apr Feb Sep Feb Sep Dec Dec Aug Aug Nov Nov Mar Mar May May Favorable Unfavorable

2 2/19/2020

Cumulative Variance in Water Sales (Fixed and Volume)

$160 $140 $120 $100 $80

Millions $60 $40 $20 $‐ 21 20 20 19 21 20 20 19 21 20 20 19 21 20 20 19 21 21 20 20 20 20 19 19 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jul Jan Jan Jun Jun Oct Oct Apr Apr Feb Sep Feb Sep Dec Dec Aug Aug Nov Nov Mar Mar May May Actual Budget

Good News on SDCs

$12.0 $10.0 $8.0 $6.0 Millions $4.0 $2.0 $0.0 21 20 20 19 21 20 20 19 21 20 20 19 21 20 20 19 20 20 21 21 19 19 20 20 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jul Jan Jan Jun Jun Oct Oct Apr Apr Sep Feb Sep Feb Dec Dec Aug Aug Nov Nov Mar Mar May May Actual Budget

3 2/19/2020

Monthly Operating Expenditure Variance

$0.0 ‐$0.2 ‐$0.4 ‐$0.6 ‐$0.8 ‐$1.0

Millions ‐$1.2 ‐$1.4 ‐$1.6 21 20 20 19 21 20 20 19 21 20 20 19 21 20 20 19 21 20 20 21 20 19 19 20 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jul Jan Jan Jun Jun Oct Oct Apr Apr Feb Sep Feb Sep Dec Dec Aug Aug Nov Nov Mar Mar May May Favorable Unfavorable

Findings and Recommendations

Findings Recommendation

•Water sales revenue are below • Monitor revenue and operating plan expenditures carefully •Favorable variance in fixed charges • Update Financial Forecast and may not reduce the unfavorable present an updated Financial Plan variance in volume sales to the Board in May •Favorable variance in operating •No immediate action is budget have offset revenue losses recommended to date •No immediate action is required

4 2/19/2020

Questions and Answers Finance Department Report

Paul L. Matthews Chief Financial Officer

Proposed Update to Other Service Charges and Penalties February 19, 2020 Regular Board Meeting

Paul Matthews Chief Financial Officer

5 2/19/2020

District’s Rates, Fees, and Charges

Generally adopted by the Board in first September •Effective November 1 of each year of the biennium of the biennium

• Exhibit A contains the Water Rates • Exhibit B contains the Other Service Charges and Penalties Adopted by Resolution • Exhibits A & B were separated after Rate Advisory Committee recommended biennial rate adjustments

•Overview of hydrant permit fees presented tonight Proposed Schedule •Consider adopting at the March Regular Board Meeting with effective date of May 1, 2020.

Fees Under Consideration Tonight

Hydrant Permit Fees

•Revising truck sizes to better reflect usage •Outreach plan included open house on January 30, 2020 •Overview of proposal at tonight’s meeting •Proposed adoption at March regular meeting •Effective date May 1, 2020

6 2/19/2020

Staff Proposal

Proposal Includes Revising

•Fire hydrant fees to accommodate larger truck sizes in the fire‐hydrant permit program • Adjust the 12‐month fire hydrant permit fees per the revised truck size delineations •Add a 12‐month permit and usage clause for Clean Water Services •Make other minor changes to item labels and/or descriptions

Proposed Revisions to Exhibit B

Current

Proposed

7 2/19/2020

Arrangement for Clean Water Services

Clean Water Services Exception

•CWSprefers to track its loads • Excellent history of regular reporting

Questions or Direction from Board Proposed Update to Other Service Charges and Penalties

Paul Matthews Chief Financial Officer

8 Signed and approved Signed and approved Signed and approved Signed and approved Signed and approved This page intentionally left blank Link back to agenda 1B

Board Work Session Minutes March 3, 2020

WORK SESSION – 7:17 PM

CALL TO ORDER

Commissioners Present: Bernice Bagnall; Jim Doane, PE; Jim Duggan, PE; Todd Sanders Commissioner Absent: Dick Schmidt

Staff Present: Tom Hickmann, PE, Chief Executive Officer; Carrie Pak, PE, Chief Engineer; Paul Matthews, Chief Financial Officer; Clark Balfour, General Counsel; Andrew Barrett, PE, Senior Project Engineer; Mike Britch, PE, Principal Engineer; Robert Whitham, Emergency Program Coordinator; Nick Augustus, PE, Engineering Division Manager; Andrea Watson, Communications and Public Affairs Supervisor; Debbie Carper, District Recorder

ANNOUNCEMENTS

Mr. Hickmann said staff has been reviewing policies that relate to the recent coronavirus outbreak and provided updates on his schedule (see attached memo). In response to a question, Mr. Whitham said staff is updating the District’s pandemic flu response plan.

Mr. Hickmann also announced the headquarters lobby remodel will continue through the end of May. In response to questions, staff said the April Willamette Water Supply System (WWSS) Commission meeting will be held in Hillsboro, and the May meeting location is still being determined. Staff has not received any notable customer comments regarding the remodel.

Mr. Hickmann concluded his announcements by reviewing the policy on Board Communication Devices (see attached presentation).

1. DISCUSSION ITEMS

A. Willamette Water Supply System Commission Update. Staff Report – Mike Britch

Mr. Britch reviewed the March WWSS Commission Board meeting agenda, described the current approvals and procurements forecast and gave updates on water supply integration and current construction projects (see attached presentation). In response to a question, staff said the $1.56 million cost for the MPE_1.0 design amendment will be funded by the City of Beaverton. The project includes work on Scholls Ferry Road and Western Avenue.

B. Alternative Delivery Final Report: Findings for an Exemption from Competitive Bidding – Post Construction Report for the Grabhorn Reservoir Replacement Project. Staff Report – Andrew Barrett

Mr. Barrett reviewed the District’s reason for considering an alternative delivery method for the Grabhorn Reservoir Replacement Project, the choice of progressive‐design build, the challenges of the project site and the results of the project and use of the selected delivery method (see attached presentation).

ADJOURNMENT

There being no further business, President Bagnall adjourned the meeting at 7:58 p.m.

Bernice Bagnall, President Todd Sanders, Secretary

MEMO

Date: March 3, 2020 To: TVWD Board of Commissioners From: Tom Hickmann, CEO Re: CEO Announcements

I will cover the following items during the CEO’s Announcements at the work session:

1. Be Sure to Use Microphones – Just a reminder to please be sure to use your microphone whenever you are speaking during the work session this evening. Also, please be sure to turn off your microphone when you are not speaking.

2. Corona Virus Update – We have been engaged in reviewing our policies regarding the Corona Virus outbreak. What we know at this point is that the same concepts to reduce the flu virus are the same for this, which is washing hands, sneezing or coughing into your arm and wiping down surfaces that we touch. This virus has a higher infectious rate than flu, but the mortality rate is still a bit unclear. Its high estimate is just over 2% but is expected to drop as more people seek treatment early and greater resources are made available to respond. What is clear at this point is that this virus is more lethal to those over the age of 65 with underlying health issues. We continue to monitor closely the changing situation and are prepared to take immediate actions to reduce exposures here at the workplace. This may include allowing more people to work remotely and reducing public meetings depending on how widespread it becomes. We may want to consider allowing Board meetings to be attended remotely should this become a greater concern.

3. CEO’s Schedule – I will be out of the office the majority of the day Thursday, March 12 and Friday, March 13 (regularly scheduled day off), attending Rogue Water’s in‐person planning session. As a reminder, Rogue Water is a not‐for‐profit organization revolutionizing water industry communications. Chief Engineer, Carrie Pak, will serve as acting in capacity (AIC) March 12.

4. Board Communications Log – There were no updates to the Board communications log this month.

5. Safety Minute – I will present tonight’s safety/policy minute.

1850 SW 170th Avenue, Beaverton, Oregon 97003 // phone 503‐848‐3000 // fax 503‐649‐2733 // www.tvwd.org 3/4/2020

Board Policy Minute Board Communication Devices Tom Hickmann, Chief Executive Officer March 3, 2020

Chapter 10 of the Board Policies manual describes Board computing device policies.

1 3/4/2020

Ownership and Use

• “The device remains the property of the District and information stored on the device is District property.” • “Commissioners have no right or expectation of privacy on the device. Information on the device may be considered public records.” • “Software applications, music, video files or other content will not be downloaded without consent of the Chief Executive Officer.” • “The device will not be used for personal use except for emergencies and therefore such use is restricted to being brief and infrequent.”

Training and Support

• “Staff will provide Commissioners basic training on the use of the device, and will provide technical support for the care and maintenance of the hardware and software.”

2 3/4/2020

Costs

• “The District will be responsible for the cost of the maintenance or replacement of any defective equipment or software. If the device is damaged because of a negligent or intentional act, or other act for which the Commissioner is responsible, the Commissioner will be responsible for replacement costs.”

Device Decommissioning

• “At the end of a Commissioner’s term, or when the device is deemed by the CEO to no longer be useful to the District, the Commissioner may either purchase the device or return it to the District within 30 days. If the Commissioner elects to purchase the device, it will be sold at the District’s depreciated cost of purchase.”

3 3/4/2020

Willamette Water Supply Commission Update TVWD Board Work Session

March 3, 2020

Outline

Review March WWSS Review Approvals and Update on WWSP Commission Board Procurements Forecast Activities Meeting Agenda

4 3/4/2020

REVIEW MARCH WWSS COMMISSION BOARD MEETING AGENDA

Willamette Water Supply System March 5, 2020 Board Meeting Agenda 1. General Manager’s Report 2. Public Comment 3. Consent Agenda A. February 6, 2020 meeting minutes 4. Business Agenda A. Adopt FY 2021 WWSS Annual Work Plan and Budget B. Approve PLM_5.3 Design Contract Amendment 5. Information Items A. Planned April Business Agenda items

5 3/4/2020

REVIEW APPROVALS AND PROCUREMENTS FORECAST

Approvals and Procurement Forecast for February 2020 –April 2020 Program Baseline or Related Plans

Description Program Director WWSS Management WWSS Commission Board Committee WWSP FY 2020 –21 NA 2/22/2020 3/5/2020 Budget WWSP Annual Rebaseline NA 4/23/2020 5/7/2020

6 3/4/2020

Approvals and Procurement Forecast for February 2020 –April 2020 Real Estate

Description Program Director WWSS Management WWSS Commission Board Committee PLW_1.3 Resolution of NA 1/23/2020 2/6/2020 Need MPE_1.0 Resolution of NA 3/19/2020 4/2/2020 Need PLM_4.3 Resolution of NA 4/23/2020 5/7/2020 Need

Approvals and Procurement Forecast for February 2020 –April 2020 IGAs, MOUs, Permit Commitments

Metzger Pipeline East Pipeline (MPE_1.0) Washington County Land Use & Trans. • Project agreement for COB_1.0 – under • Various IGA amendments (Dec) additional discussion with COB – PLM_4.1 Design – PLM_4.2 Design South Hillsboro Area Pipeline (PLW_1.3) – PLW_1.2 Design • Hagg Lane (Butternut Creek) Agreement Scholls Ferry Area Pipeline (PLM_5.2) Amendment (Dec) • Metropolitan Land Group Developer Agreement

7 3/4/2020

Approvals and Procurement Forecast for February 2020 –April 2020 Contracts

Title Goal Value Key Dates RES_1.0 Design, Bidding Procure the design $6.2M WWSS Board Approval: 2/6/2020 and Services During consultant for the WWSS Notice to Proceed: 2/7/2020 Construction reservoirs project PLW_1.3 Construction Procure construction TBD WWSS Board Approval: 5/7/2020 Contract contractor for waterline Notice to Proceed: 5/8/2020 construction from Farmington to Kinnaman

Approvals and Procurement Forecast for February 2020 –April 2020 Contract Amendments and Change Orders* Title Goal Value Key Date MPE_1.0 Design Amendment Add final design and services during $1.56M 8/21/2019 approval by construction for the COB_1.0 project WWSS MC (delegated by the WWSS Board)

PLM_1.2 Construction Contract Amend contract to add Day Road $2M 3/24/2020 approval by Change Order crossing WWSS MC PLM_5.3 Design Amendment Amend contract for final design and $1.3M 2/20/2020 approval by services during construction to reflect WWSS MC realignment north of Farmington WTP_1.0 Design Amendment Amend contract for design services TBD 3/19/2020 approval by related to added engineering services WWSS MC

*having values higher than the Program Director’s authority 16

8 3/4/2020

UPDATE ON WWSP ACTIVITIES

Notable Topic ‐ Water Supply Integration

• Accomplishments: – Owners’ hydraulic modeling memos complete – Water quality modeling memo finalized – Processed amendment for phase 1 of demonstration testing • Priorities: – Begin water bench scale water quality testing • Chlorine decay, pH, DBPs for WRWTP and JWC – Plan for WSI Blue Ribbon Panel #1

9 3/4/2020

Project Delivery Progress Design Work Package Conceptual/ Construction 30%/50% 60%/70% 90% 100% Preliminary RWF_1.0 PLM_1.1 PLM_1.2 PLM_1.3 PLM_2.0 PLM_3.0 WTP_1.0 PLM_4.1 PLM_4.2 PLM_4.3 PLM_4.4 PLM_5.1 PLM_5.2 PLM_5.3 RES_1.0 PLW_1.1 PLW_1.1 ext PLW_1.2 PLW_1.3 PLW_2.0 MPE_1.0

Complete Active Work

Construction Update Projects currently in construction

PLM_5.2 (Scholls Ferry/Tile Flat)

PLM_5.1 (Roy Rogers Rd)

PLM_1.2 (Garden Acres Rd)

PLM_1.1 (S. of Wilsonville Rd) 20

10 3/4/2020

PLM_1.1 Contractor: James W. Fowler Co. Designer: HDR

Current and Planned Activities: • 500 LF of pipe installed • Trench dam installation • Erosion and sediment control ongoing

Construction Photos – PLM_1.1

Pipe trench shoring, installation progress, heading south

11 3/4/2020

Construction Photos – PLM_1.1

Installing trench cutoff wall around pipe

Construction Photos – PLM_1.1

Mag particle testing of joint welds

12 3/4/2020

PLM_1.1 Notable Topics

• External Coordination – Continued coordination with Wilsonville Concrete • Potential Claims – None • Delivery Challenges – Localized roadway ponding on Industrial Way

PLM_1.2 Partner: City of Wilsonville Contractor: Moore Excavation, Inc. Designer: HDR

Current and Planned Activities: • Continued installation of sanitary sewers • Continued waterline submittals • First waterline activity scheduled for May 2020

13 3/4/2020

Construction Photos –PLM_1.2

• Installation of sanitary sewer house laterals along Garden Acres Road

Construction Photos –PLM_1.2

• Installation of sanitary sewers and house laterals along Garden Acres Road

14 3/4/2020

PLM_1.2 Notable Topics

• Partner Coordination – Negotiations of costs for added accessway – Discussion of Day Road crossing extension with City • Potential Claims – None • Delivery Challenges – None

PLM_5.1 Partner: Washington Co. Contractor: Tapani, Inc. (Moore Excavation, Inc. – Waterline Sub) Designer: Jacobs Current and Planned Activities: • Tunnel boring and casing installation for trenchless pipe complete • Carrier pipe and annular space grouting • Utility relocation and mobilization for open cut pipe installation underway • Start of open cut installation set for late February

15 3/4/2020

Construction Photos – PLM_5.1

Installation of thrust block in northern shaft prior to flying in tunneling equipment

Construction Photos – PLM_5.1

Setting tunnel boring and jacking equipment in northern shaft

16 3/4/2020

PLM_5.1 Notable Topics

• Partner Coordination – Tigard turnout change order in progress • Potential Claims – Request for additional compensation for Frontier fiber cable relocation • Claims – None • Delivery Challenges – None

PLM_5.2 Contractor: Emery & Sons Designer: Jacobs

Current and Planned Activities: • Real estate acquisition –one property remaining • 4,700 LF of pipe installed, welded and backfilled • Second crew continued installing pipe toward the east on Scholls Ferry Road • Tile Flat Road opened on February 14th • Site restoration following pipeline installation • Relocation of three PGE poles (ongoing utility coordination)

17 3/4/2020

Construction Photos –PLM_5.2

Restoration of the work area at the road closure properties

Construction Photos –PLM_5.2

Excavating pipe trench along SW Tile Flat Road

18 3/4/2020

Construction Photos –PLM_5.2

Pipe installation along SW Tile Flat Road

PLM_5.2 Notable Topics

• External Coordination – PGE and Frontier utilities relocation along Tile Flat Road • Potential Claims – None • Delivery Challenges – Final easement acquisition – Utility relocations

19 3/4/2020

QUESTIONS

Grabhorn Reservoir Replacement Alternative Delivery –Final Report

Andrew Barrett, PE TVWD Board Work Session March 3, 2020

20 3/4/2020

Today’s Agenda

• Recap: Why Alternative Delivery? Why a final report? • Chosen Method • Recap Grabhorn Challenge / Project Overview • Project Results • Questions

Why TVWD Considered Alternative Delivery

• Collaborative approach to delivery • Best value • Lessons learned from experience • Qualified contractors • Working around critical assets • Contractor feedback up front • Schedule and cost certainty earlier in process • Constructability placement of onsite assets • ORS 279C.355 requires a final report

21 3/4/2020

Project Delivery in Oregon ‐ Types of delivery to consider

The Grabhorn Challenge

22 3/4/2020

The Grabhorn Challenge

Project Background • Original tank constructed in 1971; failed roof supported by scaffolding • Replace 5 MG buried tank • Only tank to serve largest pressure zone • Steep topography, varying rock levels • Extensive permitting • Operating complexities and schedule risk • Site complexities with ASR • Next door to residential subdivision

Design‐Builder or CM/GC Selection

• Request For Qualifications (Evaluated during pre‐design – October‐December 2016) •Evaluate Phase 1 • Shortlist

• Request For Proposals (February 2017 –April 2017) •Initial Concept Submittal (for DB) •Proposal Review and Interviews Phase 2 •Negotiate Contract (May 2017)

•Project Design Kickoff (June 2017) Award Contract

• Substantial Completion: May 31, 2019 •Final Completion: Fall 2019 Const.

23 3/4/2020

Grabhorn Reservoir Results • ORS 279C.335 (2)(a)(b) –Cost reporting Original Cost Estimate Amended Budget Total Actual Project Cost $10,550,000 $14,630,790 $13,930,000

Item Original Contract Actual GMP Final Price Paid Amount

Phase 1 –Design Services $881,000 $1,073,273 ‐ $1,073,273

Phase 2 Construction $12,574,287 $ 11,596,732 $12,574,287 $12,035,387 Services

Costs Continued…

• Amount under GMP: $877,310 • $41,000 (0.3%) in change orders due to scope additions • Reduced costs: Price reductions designed into project through feedback from Design‐Builder approximately $1,260,000 • Approximately $13,930,000 total design, construction, fees and staff time costs.

24 3/4/2020

14 Points –Local Contract Review Board to consider: 1. Number of available bidders 2. Construction budget and operating costs 3. Public benefits 4. Value engineering techniques 5. Specialized expertise 6. Public safety 7. Risk reduction 8. Funding source changes 9. Impact of market conditions and project control 10. Size and technical complexity 11. New or remodel of existing structure 12. Occupied versus unoccupied during construction 13. Single or multi‐phase construction 14. Necessary expertise to manage alternative contracting method

WEEKLY Meetings IDEA Generation

RAPID Feedback

FULL TEAM Incorporation (operations, safety, engineering, etc.) The SPIRIT of Team

Entire team understands system operational strategies / constraints and is committed to realize goals

25 3/4/2020

PUBLIC Outreach

• Early fieldwork fuels innovation and cost PRV ASR RESERVOIR savings: eliminate shoring; development of concept that uses old tank for shoring (save $585k) • Drainage pipe / overflow savings ($50k) • Valve Vault ►Valve House ($250k) ❸ 385 PZ ❶ ❶ ❶ • Safety innovations: access bridge in lieu of external ladders 550 PZ ❷ ❶ ❶

❶ ❶ WWSP

❶ = MC / ❷ = PSV / ❸ = PRV DESIGN Innovations

26 3/4/2020

QUESTIONS?

THANK YOU!

27 Link back to agenda 2A

To: Board of Commissioners

From: Paul L. Matthews, Chief Financial Officer

Date: March 18, 2020

Subject: Proposed Update to Other Service Charges and Penalties

Requested Board Action: Consider adopting a resolution revising the other service charges for the Tualatin Valley Water District with an effective date of May 1, 2020.

Key Concepts:  Historically, the District updates its Other Service Charges and Penalties (miscellaneous charges) as part of its biennial rate‐setting process. These miscellaneous charges cover a variety of services the District provides customers. Examples of miscellaneous charges include fire hydrant fees, public records request fees, etc.  Staff is proposing revisions to the District’s hydrant water fees.  Staff is proposing these revisions be effective May 1, 2020.

Background: In August 2019, the Board held a public hearing to adopt new water rates. The Board acted at its September 18, 2019 regular meeting to adopt Resolution 24‐19, which established new water rates and other service charges and penalties for the District. The other service charges and penalties are the miscellaneous charges.

At the Board’s regular meeting on February 19, 2020, staff presented an information item to the Board regarding the proposed revisions to the District’s hydrant water fees. Prior to that meeting, staff conducted an open house to gather input from customers participating in the District’s hydrant water program. No customers attended the open house.

Staff is proposing the District adopt revised hydrant water fees. The proposal includes: 1. Revising the fire hydrant fees to accommodate larger truck sizes in the fire hydrant permit program. 2. Adjusting the 12‐month fire hydrant permit fees per the revised truck size delineations. 3. Adding a 12‐month permit and usage clause for Clean Water Services. 4. Making other minor changes to item labels and/or descriptions.

The proposed resolution will revise and replace Exhibit B to Resolution 24‐19 with the revisions described above and presented in the attachment to this staff report, to be effective May 1, 2020. Page 2 of 2 March 18, 2020 Proposed Update to Other Service Charges and Penalties

Budget Impact: None. This proposal is not intended to materially affect the expenditures or revenue of the District. As such, no material budget impact is anticipated.

Staff Contact Information: Paul L. Matthews; Chief Financial Officer; 503‐848‐3017; [email protected] Carrie Pak; Chief Engineer; 503‐848‐3045; [email protected]

Attachments: Proposed resolution including Exhibit B ‐ Other Services Charges & Penalties Proposed Exhibit B ‐ Other Services Charges & Penalties (Redline version)

Management Staff Initials:

Chief Executive Officer Customer Service Manager N/A

Chief Engineer IT Services Director N/A

Chief Financial Officer Human Resources Director N/A

General Counsel Water Supply Program Director N/A

RESOLUTION NO. 05‐20

A RESOLUTION REVISING THE OTHER SERVICE CHARGES FOR THE TUALATIN VALLEY WATER DISTRICT WITH AN EFFECTIVE DATE OF MAY 1, 2020.

WHEREAS, the Tualatin Valley Water District (District) provides other services to its customers and establishes fees to recover the costs of those services; and

WHEREAS, the Board of Commissioners of the District adopted Resolution 24‐19 on September 18, 2019 that established the District’s other service charges as detailed in Exhibit B of said resolution; and

WHEREAS, staff conducted a review of the costs, administrative burden and the adopted charges for providing bulk water from the District’s fire hydrants; and

WHEREAS, among other efforts to inform customers, the District’s staff conducted an open house at the District’s headquarters on January 30, 2020 for customers to discuss the District’s proposed charges for providing bulk water from the District’s fire hydrants; and

WHEREAS, District staff presented its preliminary analysis and findings for the proposed charges for providing bulk water from the District’s fire hydrants to the Board at a public meeting on February 19, 2020; and

WHEREAS, based on the recommendations of the administrative staff of the District and the public testimony offered to the Board during the two public meetings, the Board of Commissioners finds that it is in the best interest of the District’s customers to revise the Exhibit B of Resolution 24‐19 to establish new charges for providing bulk water to customers through the District’s fire hydrants to provide resources to fund the costs of operating the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TUALATIN VALLEY WATER DISTRICT THAT:

Section 1: The charges shown in Exhibit B, attached hereto and by this reference incorporated herein, are hereby adopted by the District.

Section 2: The District hereby shall make a copy of this resolution available to the public at the office of the District and through other media.

Section 3: This resolution takes effect May 1, 2020.

Approved and adopted at a regular meeting held on the 18th day of March 2020.

______Bernice Bagnall, President Todd Sanders, Secretary

Page 1 of 1 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - OTHER SERVICES CHARGES & PENALTIES Effective 5/1/2020

1. Water Service on or off at customer's or owner’s request a. First call -- during office hours, Monday through Friday except for snowbird turn off. N/C b. Leaks or emergencies beyond customer control -- N/C during office hours or after hours or weekends c. Service on and off, second call during office hours $100 d. Service on and off, second call after hours (an additional) $85 e. All snowbird turn offs $95

2. Water Service on and off for non-payment a. Service on and off, during office hours, Monday through Friday $100 b. After hours or weekend service on and off (an additional) $85 c. Broken promise turn off $100

3. Additional charges, if necessary, to enforce payment of bill or charges a. Removal of meter $185 b. Reinstallation of meter N/C c. Installation or removal of locking device-first occurrence $100 d. Installation or removal of locking device-second occurrence $115 e. Installation or removal of locking device-third occurrence $220 & meter pulled

f. Repair of breakage/damage to locking mechanism (curb stops, etc.) Time & Materials g. Service off water at main or reinstating service Time & Materials h. Check returned by bank for non-payment (NSF) $33 i. Meter tampering and/or using water without authority $60 j. Penalty for incorrect financial institution account information First two times no charge. Charge per incident, third time and above. $25

4. Illegal use of water $150 (plus water usage billed at current rates) 5. Illegal use of fire line a. First occurrence N/C b. Second occurrence (plus estimated water usage billed at Block 1 rate) $150 c. Third occurrence (plus estimated water usage billed at Block 1 rate) $1,000 d. All subsequent occurrences subject to final remedies determined by CEO or designee on a case- by-case basis per District Rules and Regulations (plus estimated water usage billed at Block 1 rate)

6. Decreasing or increasing size of meter Time & Materials (plus any applicable system development charges) 7. Testing water meters at customer's or owner’s request a. Testing on premises (5/8” – 3/4" – 1”) $185 b. Removal of meter for testing (5/8” – 3/4” – 1”) $400 c. Testing of meters larger than 1” Time & Materials

8. Usage of meter key a. Deposit refundable with key return $25 Deposit

9. Removal of meter during construction a. Removal of meter $185 b. Loss of meter (see Meter & Service Installation Charges) Based on Meter Size

Exhibit B Page 1 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - OTHER SERVICES CHARGES & PENALTIES Effective 5/1/2020

10. Fire hydrant fees a. Repair of breakage/damage Time & Materials 12-month fire hydrant permits -- mandatory for fire hydrant usage: b. Hydrant permit (tanks ≤500 gallons) $225 c. Hydrant permit (tanks 501-1499 gallons) $675 d. Hydrant permit (tanks 1500-2999 gallons) $1,220 e. Hydrant permit (tanks ≥3000 gallons) $2,410 f. Off-site tank inspection (does not include permit) $95 g. Penalty for unauthorized hydrant use (within a 12-month period): First offense $1,000 Second offense $2,000 Third offense $4,000 h. Penalty for using non-approved (uninspected) tank (within a 12-month period) $2,000 Hydrant meter fees: i. Administrative Fee $510 j. Daily Fee for 1-inch meter $0.10 k. Daily Fee for 2-inch meter $0.20 l. Daily Fee for 3-inch meter $1.20 m. Hydrant meter deposit (refundable less damages): 1-inch $500 2-inch $1,000 3-inch $2,000 Fire hydrant fees for Clean Water Services: n. 12-month fire hydrant permit $135 (plus water usage billed at current Block 1 rate)

11. Backflow prevention device testing Device testing a. Initial test fee per device $110 b. All subsequent tests are the responsibility of the owner -- to be done annually by a State Certified Backflow Tester of their choice

Gold plan Annual fee per device dependent on customer agreement to have the District schedule & $35 perform required annual test. Test performed by District contractor & includes $50 annually in minor repairs to existing device to achieve passing test.

Enforcement fee Annual fee per device. Applies if customer hasn't completed annual test by required date $50 and is scheduled for shutoff. Test performed by District contractor in lieu of shutoff. Fee does not include cost of repairs that may be required.

Service on and off for non-compliance of annual testing and reporting. a. Service on and off, during office hours, Monday through Friday $100 b. After hours or weekend service on and off (an additional) $85

Exhibit B Page 2 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - OTHER SERVICES CHARGES & PENALTIES Effective 5/1/2020

12. Flow testing of fire hydrants a.Request for flow test, we have existing information within last 3 years, and no significant $30 changes have occurred. b. No existing fire flow information. Modeled fire flow is ok. $105 c. No existing information. Full test is requested. $565 d. Extended pressure test (if requested as part of full flow test). $695 e. Extended pressure test without an additional flow test. $470

13. Plan review fees (see Resolution 25-18)

14. SDC finance contract and recording fee $500

15. Temporary irrigation meter $2,305

16. Public records request fees a. Staff time - no cost for first half hour of staff time (rate per hour) $35 b. Staff time to transcribe a recording (rate per hour) $35 c. Attorney time for reviewing and redacting records (billed in tenths of an hour) Actual cost d. Certified copy service (rate per certification) $5 Photocopies: e. Black and white - 8 1/2" x 11" (price per sheet of paper) $0.02 f. Black and white - 8 1/2" x 14" and larger (price per sheet of paper) $0.05 g. Color - 8 1/2" x 11" (price per page) $0.05 h. Color - 8 1/2" x 14" and larger (price per page) $0.15 i. Data media (e.g., CD or DVD) Actual cost j. Mailing and postage supplies Actual cost

Other billing charges Any other services performed by District personnel for which there is not a fee specified in this Resolution shall be charged at the employee's salary plus the cost of other personnel expenses for the actual time spent on the service (minimum 0.25 hours); plus the cost for materials and District equipment used including overhead rates and any deposits required by the District.

Carrying charges Bills issued by TVWD which remain unpaid for over thirty (30) days may be subject to a carrying charge at a rate of 9% per year on the unpaid balance.

Fee Waivers The Chief Executive Officer (CEO) or designee may waive all or a portion of the Other Service Charges & Penalties in Exhibit B if the CEO or designee determines that it is in the equitable and best interest of the District considering the particular circumstances involved in each case.

Exhibit B Page 3 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - METER AND SERVICE INSTALLATION CHARGES Effective Meter and Service Installation Charges By Meter Size 5/1/2020

Subdivision

METER SIZE Service Install* Refundable** Meter Fee 5/8" $315 3/4"1" Service $970 $220 $335 1"Line $395 1-1/2" $3,015 $0 $590 2" $3,015 $0 $720

* Per District water system standards all meters to 1" in size require a 1" service line. ** Amount refundable applies only if TVWD is able to install its services before other utilities.

N/C Dig-Ins Banked Dig-Ins Banked METER SIZE Service Install* Meter Fee Dig-in Fee Meter Fee 5/8" $315 $315 3/4"1" Service $2,415 $335 $970 $335 1"Line $395 $395 1-1/2" $3,015 $590 N/A N/A 2" $3,015 $720 N/A N/A

* Per District water system standards all meters to 1" in size require a 1" service line. All new meters include Automatic Meter Reading (AMR) capability. Dig-ins are defined as a service tap in an existing main in an existing street. Subdivisions are defined as undeveloped streets where mains will be installed. Banked dig-ins are defined as one excavation with more than one service tap. Fees for Banked Dig-Ins for meters larger than 1" will be determined on a case by case basis by the District's Engineering Department.

Exhibit B Page 4 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - OTHER SERVICES CHARGES & PENALTIES Effective 5/1/2020

8. Usage of meter key a. Deposit refundable with key return $25 Deposit

9. Removal of meter during construction a. Removal of meter $185 b. Loss of meter (see Meter & Service Installation Charges) Based on Meter Size

Exhibit B Page 1 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - OTHER SERVICES CHARGES & PENALTIES Effective 5/1/2020

10. Fire hydrant fees a. Repair of breakage/damage Time & Materials 12-month fire hydrant permits -- mandatory for fire hydrant usage: b. Hydrant permit (tanks ≤500 gallons) $225 c. Hydrant permit (tanks 501-1499 gallons) $675 d. Hydrant permit (tanks 1500-2999 gallons) $1,220 e. Hydrant permit (tanks ≥3000 gallons) $2,410 f. Off-site tank inspection (does not include permit) $95 g. Penalty for unauthorized hydrant use (within a 12-month period): First offense $1,000 Second offense $2,000 Third offense $4,000 h. Penalty for using non-approved (uninspected) tank (within a 12-month period) $2,000 Daily Hydrant meter fees: i. Administrative Fee $510 j. Daily Fee for 1-inch meter $0.10 k. Daily Fee for 2-inch meter $0.20 l. Daily Fee for 3-inch meter $1.20 m. Hydrant meter deposit (refundable less damages): 1-inch $500 2-inch $1,000 3-inch $2,000 Fire hydrant fees for Clean Water Services: n. 12-month fire hydrant permit $135 (plus water usage billed at current Block 1 rate)

Exhibit B Page 2 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - OTHER SERVICES CHARGES & PENALTIES Effective 5/1/2020

13. Plan review fees (see Resolution 25-18)

14. SDC finance contract and recording fee $500

15. Temporary irrigation meter $2,305

Carrying charges Bills issued by TVWD which remain unpaid for over thirty (30) days may be subject to a carrying charge at a rate of 9% per year on the unpaid balance.

Exhibit B Page 3 of 4 TUALATIN VALLEY WATER DISTRICT EXHIBIT B - METER AND SERVICE INSTALLATION CHARGES Effective Meter and Service Installation Charges By Meter Size 5/1/2020

Subdivision

METER SIZE Service Install* Refundable** Meter Fee 5/8" $315 3/4"1" Service $970 $220 $335 1"Line $395 1-1/2" $3,015 $0 $590 2" $3,015 $0 $720

* Per District water system standards all meters to 1" in size require a 1" service line. ** Amount refundable applies only if TVWD is able to install its services before other utilities.

Exhibit B Page 4 of 4 This page intentionally left blank Link back to agenda 2B

To: Board of Commissioners

From: Clark Balfour, General Counsel

Date: March 18, 2020

Subject: Emergency Water Supply Contract between the City of Portland, City of Hillsboro and TVWD

Requested Board Action: Consider adopting a resolution approving an Emergency Water Supply Contract between Tualatin Valley Water District, City of Portland and City of Hillsboro.

Key Concepts:  The Emergency Water Supply Contract between TVWD, Hillsboro and Portland extends through 2026.  Upon Declaration of Emergency by Hillsboro, Portland and TVWD agree to provide up to 10 million gallons per day (MGD), if available.  Portland charges Hillsboro what TVWD would pay for water supplied, plus other miscellaneous charges.  TVWD charges Hillsboro a wheeling fee to deliver water to the North Transmission Line.

Background: The City of Hillsboro relies on the Joint Water Commission (JWC) as its primary water source. TVWD has interconnection points with the City and has supplied (Portland) water in the past. The City wishes to have a formal emergency water supply contract with the City of Portland and TVWD to bridge the time gap to 2026 when the Willamette Water Supply System will be operational. The parties agree that Hillsboro can have up to 10 MGD, if water is available.

This agreement is triggered upon a Declaration of Emergency by Hillsboro for one of the following events:  The JWC Water Treatment Plant (WTP) is incapacitated.  Raw water is unavailable to the JWC WTP because of untreatable contamination.  The North Transmission Line and South Transmission Line are disrupted.  An urgent and unforeseen event disrupts water supplies to an extreme level.

The parties have discussed this agreement and agreed that Hillsboro will pay the applicable TVWD rate to Portland plus other miscellaneous costs incurred by the Portland Water Bureau and a $2,000 annual standby fee. TVWD will wheel the water through its system to deliver it to the North Transmission Line, at Highway 26 and NW Cornelius Pass Road. TVWD will charge a wheeling rate of $1.01 per hundred Page 2 of 2 March 18, 2020 Emergency Water Supply Contract – Portland, Hillsboro and TVWD cubic foot (CCF). Hillsboro also agrees to hold TVWD harmless from any other detrimental financial or operational impacts under the Portland contract.

Budget Impact: There is no impact. If a Declaration of Emergency occurs, Hillsboro will pay Portland directly. Wheeling charges, due to TVWD, shall be paid within 30 days of invoice.

Staff Contact Information: Clark Balfour; General Counsel; 503‐848‐3061; [email protected] Paul Matthews; Chief Financial Officer; 503‐848‐3017; [email protected] Carrie Pak; Chief Engineer; 503‐848‐3045; [email protected]

Attachments: Proposed resolution Emergency Water Supply Contract

Management Staff Initials: Chief Executive Officer Customer Service Manager N/A

Chief Engineer IT Services Director N/A

Chief Financial Officer Human Resources Director N/A

General Counsel Water Supply Program Director

RESOLUTION NO. 06‐20

A RESOLUTION APPROVING AN EMERGENCY WATER SUPPLY CONTRACT BETWEEN TUALATIN VALLEY WATER DISTRICT, CITY OF PORTLAND AND CITY OF HILLSBORO.

WHEREAS, the City of Hillsboro (Hillsboro) needs an emergency potable water supply in the event that its typical water resources are compromised or not available; and

WHEREAS, Tualatin Valley Water District (District) and the City of Portland (Portland) are willing to provide up to ten million gallons per day of potable water, in the event of an emergency, so long as providing such water to Hillsboro does not interfere with provision of water to Portland or District customers; and

WHEREAS, the Emergency Water Supply Contract, attached hereto as Exhibit 1 and incorporated by reference, contains the agreement of the parties as to the terms and conditions of emergency supply; and

WHEREAS, pursuant to Oregon Revised Statutes 190.003 to 190.130, the parties desire to enter into the Emergency Water Supply Contract, and being fully advised.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TUALATIN VALLEY WATER DISTRICT THAT:

Section 1: The Emergency Water Supply Contract between Tualatin Valley Water District, the City of Portland and the City of Hillsboro is hereby approved.

Section 2: The Chief Executive Officer is authorized to execute this contract following approval by Hillsboro and Portland.

Section 3: The Board authorizes the Chief Executive Officer to execute an amended version of the contract so long as the final executed version is substantially the same as that set forth on Exhibit 1, and the General Counsel has approved.

Approved and adopted at a regular meeting held on the 18th day of March 2020.

______Bernice Bagnall, President Todd Sanders, Secretary

Page 1 of 1 Exhibit 1 EMERGENCY WATER SUPPLY CONTRACT

This Contract for emergency water supply (“Contract”) is by and between the City of Portland, a municipal corporation of the State of Oregon (“Portland”); the Tualatin Valley Water District, a domestic water supply district organized under ORS Chapter 264 (“TVWD”); and the City of Hillsboro, a municipal corporation of the State of Oregon (“Hillsboro”); (singularly, “a Party” and collectively, “the Parties”), pursuant to authority granted by ORS Chapter 190 and Portland City Charter Section 11-101.

RECITALS

Hillsboro requires the use of a backup emergency potable water supply in the event that its typical water resources are compromised or not available.

Portland, TVWD and Hillsboro understand the importance of water supply Contracts and interconnections to supply water throughout the Portland-Metro region in the event of an emergency.

Portland, TVWD and Hillsboro agree it is important for Portland and TVWD to provide potable water to Hillsboro when Hillsboro’s typical water resources are compromised or not available, so long as providing potable water to Hillsboro customers does not interfere with Portland’s or TVWD’s ability to serve their own customers; and

Whereas, Portland, TVWD and Hillsboro understand it is beneficial to outline the terms and conditions under which Portland and TWVD will provide potable water to Hillsboro’s customers; and

Whereas, Portland, TVWD and Hillsboro understand that a separate Contract may be required in the future to accommodate TVWD’s wheeling operations to supply water to agencies that are not Parties to this Contract; and

Whereas, ORS 190.003 to ORS 190.130 authorizes local governments to enter into Contracts with one another; and

Whereas, the Portland City Charter Section 11-101 allows the City to enter into contracts for supply of water by the City and the sale of surplus water to persons, public or private, outside the City, on terms and conditions the Council finds appropriate; and

Whereas, City Ordinance No. 189515 (“FY2019-2020 Annual Rate Ordinance”), Section 6, permits the Administrator of the Portland Water Bureau to enter into and execute contracts to supply standby water to distributors, including other cities, water districts or water companies purchasing water for resale, and to charge on the basis of the contract specific to that distributor.

Whereas, Portland, TVWD and Hillsboro acknowledge that a new Regional Water Sales Agreement is expected to be executed and operative in 2026, and intend for that agreement to supersede this Emergency Water Supply Contract.

Page 1 of 8 Contract for Emergency Water Supply to the City of Hillsboro TERMS AND CONDITIONS

1) Start and End Dates. This Contract is effective on April 1, 2020, and continues through June 30, 2026, unless the Contract is terminated or extended as provided below.

2) Contract Documents. This Contract consists of these Terms and Conditions and two exhibits, attached and incorporated by reference, Exhibit A (Party Responsibilities) and Exhibit B (Operations Plan). Any conflict between the documents shall be resolved with the following priority: Terms and Conditions, Exhibit A, Exhibit B.

3) Payment. Hillsboro agrees to pay Portland for the supply of emergency water at the Tualatin Valley Water District Commodity Rate found in Section 2 of the FY 2019-2020 Annual Rate Ordinance and, in subsequent years, in accordance with applicable Annual Rate Ordinances for each fiscal year.

Hillsboro agrees to pay Portland for all other costs incurred by Portland necessary to provide emergency water to Hillsboro, including but not limited to time and materials with billable overhead rate to hook up the water supply, flush lines, conduct sampling and test water samples.

Hillsboro agrees to pay Portland standby charges for Portland’s readiness to provide Hillsboro emergency water. Hillsboro will pay Portland an annual fee of $2,000 as a standby charge. Portland will bill annually on July 1.

Hillsboro also agrees to pay TVWD for the wheeling of water through TVWD’s distribution system, from the Portland Water Bureau delivery point to the emergency intertie, located at Cornelius Pass on the North Transmission Line. The wheeling rate is set at $1.01 per CCF, from the effective date of the agreement through June 30, 2026.

4) Termination.

a) Termination for convenience. A Party may terminate this Contract at the end of any Party’s fiscal year by providing no less than six (6) months’ written notice to the other Parties.

b) Termination for cause. Any Party may terminate this Contract immediately upon written notice, or at such later date as may be established in such a notice, to the other Parties upon the occurrence of the following events: One Party commits any material breach under this Contract, fails to perform the services under this Contract within the time specified, or so fails to pursue the services as to endanger the performance under this Contract in accordance with its terms.

Page 2 of 8 Contract for Emergency Water Supply to the City of Hillsboro 5) Changes. Modifications to this Contract are valid only if made in writing and signed by all Parties. Exhibit A and Exhibit B may be amended by the Parties in writing upon the signature of the Administrator of the Portland Water Bureau, Chief Executive Officer of TVWD and the Water Department Director of Hillsboro.

6) Indemnification. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each Party agrees to hold harmless, defend, and indemnify each other, including their officers, agents, and employees, against all claims, demands, penalties, actions and suits (including the cost of defense thereof and all attorney fees and costs, through all appeals) arising from the indemnitor’s performance of this Contract where the loss or claim is attributable to the negligent or intentional acts or omissions of that Party or its officers, employees or agents.

7) Action, Suits or Claims. A Party shall give the other Parties immediate written notice of any action or suit filed or any claim made against that Party that may result in claims or litigation in any way related to this Contract.

8) No Third-Party Beneficiaries. This Contract is between the Parties and creates no third-party beneficiaries. Nothing in this Contract gives or shall be construed to give or provide any benefit – direct, indirect or otherwise – to third parties.

9) Remedies, Non-waiver. The remedies provided under this Contract shall not be exclusive. The Parties shall also be entitled to any other equitable and legal remedies that are available. No waiver, consent, modification or change of terms of this Contract shall bind the Parties unless in writing and signed by all Parties. 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 a Party to enforce any provision of this Contract shall not constitute a waiver by a Party of that or any other provision.

10) Oregon Law, Dispute Resolution and Forum. This Contract shall be construed according to the laws of the State of Oregon. The Parties shall negotiate in good faith to resolve any dispute arising out of this Contract. If the Parties are unable to resolve any dispute within fourteen (14) calendar days, the Parties are free to pursue any legal remedies that may be available. Any litigation between the Parties arising under this Contract shall occur, if in the state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the United States District Court for the State of Oregon located in Portland, Oregon, and no other place.

11) Assignment. No Party shall assign its rights or obligations under this Contract, in whole or in part, without the prior written approval of the other Parties.

12) Severability and Survival of Terms. If any provision of this Contract is found to be illegal or unenforceable, this Contract nevertheless shall remain in full force and effect and the provision Page 3 of 8 Contract for Emergency Water Supply to the City of Hillsboro shall be stricken if the purposes of this Contract can be achieved such that the Parties obtain the benefits of this Contract without adverse fiscal, operational, or other impacts. If there are impacts, the Parties shall attempt to negotiate amendments to the Contract within thirty (30) calendar days. If unsuccessful in achieving a mutually agreeable solution, this Contract shall be terminated. All provisions concerning indemnity survive the termination of this Contract for any cause.

13) Interpretation of Contract. This Contract shall not be construed for or against any Party by reason of the authorship or alleged authorship of any provision. The Section headings contained in this Contract are for ease of reference only and shall not be used in construing or interpreting this Contract.

14) Notice. Except as otherwise expressly provided in this Contract, any notices shall be given in writing by personal delivery, facsimile or mailing, postage prepaid, to the Parties at the address or number set forth below.

City of Portland TVWD Michael Stuhr, Administrator Tom Hickmann, Chief Executive Officer Portland Water Bureau Administration 1120 SW 5th Avenue, Suite 405 1850 SW 170th Avenue Portland, OR 97204 Beaverton, OR 97003 [email protected] [email protected] (503) 823-1517

City of Hillsboro Niki Iverson, Water Department Director Water Department 150 E. Main Street Hillsboro, OR 97123 [email protected] (503) 615-6702

15) Counterparts. This Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

This writing is intended both as the final expression of the Contract between the Parties with respect to the included terms and as a complete and exclusive statement of the terms of the Contract.

All of the aforementioned is hereby agreed upon by the Parties and executed by the duly authorized

Page 4 of 8 Contract for Emergency Water Supply to the City of Hillsboro representatives of the Parties signing on the next page.

SIGNATURES

The Parties agree to all provisions of this Contract:

City of Portland TVWD

Signature Signature

______Name (Printed) Name (Printed)

______Title Title

Date Date

Approved as to Form: Approved as to Form:

______City Attorney

City of Hillsboro

Signature

______Name (Printed)

______Title

Date

Approved to Form:

Page 5 of 8 Contract for Emergency Water Supply to the City of Hillsboro Exhibit A: Party Responsibilities

Hillsboro’s Responsibilities

• Review and, if deemed satisfactory by Hillsboro, approve plans, drawings and technical data provided by TVWD to modify one of TVWD’s water facilities (the Intertie) in no more than fifteen (15) business days from the date TVWD provided the plans, drawings and technical data to Hillsboro. The Intertie is located at the junction of the North Transmission Line (NTL) and TVWD’s water distribution system and TVWD’s modification of the Intertie is necessary to wheel water to Hillsboro. Hillsboro understands and agrees that no additional upgrades or modifications to Portland or TVWD’s water systems will be made as a result of this Contract.

• Within thirty (30) calendar days of receipt of an invoice from TVWD, reimburse TVWD for all expenses and costs associated with modification of the Intertie. Expenses and costs include, without limitation, materials, construction, reconstructed functionality testing of the NTL and the Intertie, and TVWD’s staff expenses directly relating to all of the above at TVWD’s standard rates which include an allowance for benefits and other indirect cost allocations.

• Adopt an Emergency Declaration following applicable City procedures to demonstrate the need for an emergency water supply. A qualifying emergency is defined as one or more of the following events:

o Joint Water Commission’s (JWC) Water Treatment Plant is incapacitated; o No raw water is available due to untreatable Tualatin River contamination; o North Transmission Line (NTL) and South Transmission Line are both disrupted; Some other urgent and unforeseen event occurs that disrupts water supplies to an extreme level.

• Send a copy of the adopted Emergency Declaration to Portland and TVWD and request that water delivery begin as soon as possible.

• Develop a Contract with the City of Beaverton (Beaverton) and TVWD to establish how water will be provided to Beaverton wheeling customers within the TVWD service area if the Joint Water Commission’s (JCW) NTL is utilized for Hillsboro’s emergency purposes.

• Hold Portland and TVWD harmless from any costs that arise from adverse fiscal or operational impacts as a result of this Contract, including without limitation additional costs related to the Regional Water Sales Contracts, the Beaverton/TVWD Water Services Contract, the JWC Intergovernmental Contract, or any other obligations.

• Within thirty (30) calendar days of receipt of an invoice from Portland and TVWD, pay Portland and TVWD for the provision of emergency water supplies as provided in the Contract, Section 3. Hillsboro understands and agrees that no costs are expected to be paid by the other Parties.

• Follow Exhibit B (Operations Plan). Page 6 of 8 Contract for Emergency Water Supply to the City of Hillsboro

Portland’s Responsibilities

• Provide potable water to Hillsboro if: (1) Hillsboro adopts and delivers to Portland a Declaration of Emergency; and (2) providing emergency water to Hillsboro will not impact, in Portland’s sole discretion, Portland’s ability to serve its own customers.

• Meter the water delivered to TVWD for wheeling to Hillsboro or provide a good-faith estimate of delivered water, whichever is possible using Portland’s existing meter infrastructure. Provide an invoice to Hillsboro of water delivered to TVWD for Hillsboro’s use.

• Follow Exhibit B (Operations Plan).

TVWD’s Responsibilities

• Wheel potable water supplied by Portland to Hillsboro if: (1) Hillsboro adopts and delivers to TVWD a Declaration of Emergency; and (2) wheeling emergency water to Hillsboro will not impact, in TVWD’s sole discretion, TVWD’s ability to serve its own customers.

• TVWD will wheel up to 10 million gallons per day (MGD) during the emergency, or as much as TVWD’s water system, in TVWD’s sole discretion, can deliver without negatively impacting TVWD’s customers or the hydraulic grade line of the system.

• Meter the water wheeled to Hillsboro and provide an invoice to Hillsboro. Daily wheeled usage will be provided to Hillsboro with the invoice. Daily wheeled usage will be provided to Portland for peaking calculation.

• Coordinate with Parties and non-parties, as needed, to facilitate wheeling of water to non- parties.

• Follow Exhibit B (Operations Plan).

Page 7 of 8 Contract for Emergency Water Supply to the City of Hillsboro

Exhibit B: Operations Plan

This Operations Plan describes the requirements to provide up to 10 MGD of Portland water to Hillsboro, wheeled through TVWD’s system, during an emergency. The water will be delivered to Hillsboro at TVWD’s Intertie. Portland’s Operations Portland will typically provide emergency flow through its existing 24” meter on the Washington County Supply Line (WCSL) until flows reach a level that cannot be accommodated through Portland’s meter with reasonable accuracy. When the existing 24” meter is overwhelmed, Portland will provide flow in one of two ways: 1) Portland will open its existing 54” valve on the WCSL and allow flow through this connection. If the 54” meter is found to be inaccurate at the time of the emergency, the meter may be recalibrated after the emergency has passed through a “bucket test” conducted jointly by Portland and TVWD. Portland and TVWD invoices to Hillsboro will be based on the estimate of the actual water delivered based on the results of the “bucket test.” 2) Portland will open its connection at the Arlington Heights Tank. This route may be used if the flow through the WCSL is insufficient, or if Portland must change the flow location due to operational issues. TVWD’s Operations TVWD will typically wheel water to Hillsboro by opening a 36” valve (Valve #1 on Figure 1) on the NTL and closing another valve (Valve #2 on Figure 1) on the inlet pipe receiving water from the JWC. TVWD will upgrade its SCADA system to automatically control Valve # 1 operations. Hillsboro will pay for all necessary upgrades to Valve #1. If needed, TVWD will program Valve #1 to automatically control the flow rate based on existing bi- directional flow meter readings and pressure gauge readings so that the TVWD-side of the hydraulic grade line shall not fall below four hundred and twenty (420) feet. If Hillsboro adopts a Declaration of Emergency prior to TVWD’s completion of upgrades to Valve #1 and its SCADA system, TVWD will manually and partially open Valve #1 and use its 16” valve on the Intertie to control flow and pressure limits. TVWD can adjust settings remotely as needed. In both existing and upgraded (Valve #1 and SCADA system) conditions, TVWD will record emergency flows at its existing bi-directional 20” flow meter on the Intertie.

Page 8 of 8 Contract for Emergency Water Supply to the City of Hillsboro Figure 1 Figure 1 Link back to agenda 2C

To: Board of Commissioners

From: Clark Balfour, General Counsel

Date: March 18, 2020

Subject: Emergency Contracting Powers Regarding COVID‐19 Coronavirus

Requested Board Action: Acting as the Local Contract Review Board, adopt a resolution granting the Public Contracting Officer emergency contracting powers to prepare for, prevent and mitigate the effects of COVID‐19 coronavirus.

Key Concepts:  There are confirmed cases of COVID‐19 in Washington County and the Governor and Board of County Commissioners have each declared an emergency as authorized by law.  TVWD provides a vital public health function for a large portion of the County and needs to take steps to protect its workforce so that they may perform duties and protect customers who may enter District facilities.  TVWD needs to procure goods and services to prepare for, prevent and mitigate impacts of coronavirus. This may require procurement in advance or at the time of an event.  This resolution provides authority for the Public Contracting Officer to use emergency procurement procedures as deemed necessary and reasonable under the circumstances to obtain necessary goods and services

Background: The Board is the Local Contract Review Board and has adopted purchasing rules (LCRB Rules). The Rules designate the CEO as the Public Contracting Officer (PCO). The LCRB Rules follow state procurement law and provide for various processes depending on the amount and type of procurement such as goods, services, construction and design.

The purpose of this resolution is to authorize the PCO to use emergency procurement procedures (what is reasonable under the circumstances as determined by the PCO) for coronavirus‐related matters. The ability to have industrial cleaning services or supplies at hand may require immediate action without the time for a normal solicitation process. Non‐coronavirus related procurements would follow the ordinary application of the procurement rules. The PCO is required to report to the Board within a reasonable time after these contracts are made. Washington County has taken similar steps.

Budget Impact: There are budgeted funds for these procurements. Page 2 of 2 March 18, 2020 Emergency Contracting Powers Regarding COVID‐19

Staff Contact Information: Tom Hickmann; Chief Executive Officer; 503‐848‐3088; [email protected] Clark Balfour; General Counsel; 503‐848‐3061; [email protected]

Attachments: Proposed resolution

Management Staff Initials:

Chief Executive Officer Customer Service Manager N/A

Chief Engineer N/A IT Services Director N/A

Chief Financial Officer Human Resources Director N/A

General Counsel Water Supply Program Director N/A

RESOLUTION 07‐20

ACTING AS THE LOCAL CONTRACT REVIEW BOARD, A RESOLUTION GRANTING THE PUBLIC CONTRACTING OFFICER EMERGENCY CONTRACTING POWERS TO PREPARE FOR, PREVENT AND MITIGATE THE EFFECTS OF COVID‐19 CORONAVIRUS.

WHEREAS, pursuant to ORS 279A.065, the Board of Commissioners of Tualatin Valley Water District has appointed itself as the District’s Local Contract Review Board and issues rules regarding procurement of goods and services for the District (LCRB Rules); and

WHEREAS, the Governor of the State of Oregon and the Board of County Commissioners of Washington County, Oregon have declared an emergency exists as provided by law for COVID‐19, commonly referred to as coronavirus; and

WHEREAS, the Board of Commissioners, acting as the Local Contract Review Board (Board), wishes to take action to prepare for and respond to coronavirus, and directs the Public Contracting Officer to take necessary steps in a timely manner to procure goods and services to prevent, respond to and mitigate the coronavirus in the District workplace; and

WHEREAS, the Board wishes to adopt this resolution to authorize emergency procurement of goods and services and being advised.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF TUALATIN VALLEY WATER DISTRICT ACTING AS THE LOCAL CONTRACT REVIEW BOARD THAT:

Section 1: In response to COVID‐19 (coronavirus), the Board hereby authorizes emergency procurement of goods and services authorized pursuant to ORS 279B.080, ORS 279C.336(6), ORS 279C.380(4) and related sections of the LCRB Rules.

Section 2: The Board grants the Public Contracting Officer, or designee, the authority to procure goods and services on an emergency basis in a timely manner as the Public Contracting Officer deems necessary and reasonable in his discretion considering the circumstances.

Section 3: The Public Contracting Officer may procure needed services or goods in his discretion and may enter into those contracts in advance of detection of coronavirus at the District as a preparatory or preventative measure.

Section 4: The Public Contracting Officer will inform the Board at the earliest reasonable opportunity of the emergency contracts awarded pursuant to this resolution.

Approved and adopted at a regular meeting held on the 18th day of March 2020.

______Bernice Bagnall, President Todd Sanders, Secretary

Page 1 of 1 This page intentionally left blank Link back to agenda 2D

To: Board of Commissioners

From: Tom Hickmann, Chief Executive Officer Clark Balfour, General Counsel

Date: March 18, 2020

Subject: Emergency Declaration

Requested Board Action: Consider adopting a resolution declaring an emergency and granting the Chief Executive Officer emergency powers to prepare for, prevent and mitigate the effects of COVID‐19 in conjunction with federal, state and local public health officials and emergency management officials.

Key Concepts:  There are confirmed cases of COVID‐19 in Washington County and the President, Governor and Board of County Commissioners have each declared an emergency as authorized by law.  TVWD provides a vital public health function for a large portion of the County and needs to take steps to protect the public as well ass it workforce and water system so that they may deliver potable water.  TVWD needs to declare an emergency and authorize the CEO or designee(s) to cooperate with the appropriate federal, state and local government public health officials and emergency management officials and take such action as directed by them, or such other action deemed necessary by the CEO, to prepare for, prevent and mitigate impacts of coronavirus with the public, District employees and property.  This resolution provides authority for the CEO or designee(s) to take all actions deemed necessary, under the circumstances, to provide potable water services.  All prior acts of the CEO in responding to COVID‐19 are ratified and affirmed.  The Board’s declaration of emergency lapses upon lapse of the federal, state and Washington County declarations.

Background: By declaring an emergency, the Board falls in line with the declaration of emergency for COVID‐19 by the federal government, State of Oregon and Washington County, acting through the Board of County Commissioners. It enables the District to work hand in hand with federal, state and local public health officials and emergency management personnel. Some costs incurred by the District may be eligible for reimbursement from the federal government.

The purpose of this resolution is to declare an emergency and authorize the CEO or designee(s) to take action, as necessary, to cooperate with federal, state and local public health officials and emergency management officials to prevent, respond to and mitigate the COVID‐19 emergency. In addition, the Page 2 of 2 March 18, 2020 Emergency Declaration

CEO is authorized to take all steps necessary to prevent, respond to and mitigate impacts to the public, District employees and property caused by the emergency. The CEO is authorized to seek reimbursement from federal or state agencies, if eligible. Previous acts of the CEO related to the emergency are ratified and affirmed. Moving forward, the CEO is required to report to the Board, within a reasonable time, of actions taken pursuant to this resolution.

Budget Impact: There are budgeted funds for any related procurements.

Staff Contact Information: Tom Hickmann; Chief Executive Officer; 503‐848‐3088; [email protected] Clark Balfour; General Counsel; 503‐848‐3061; [email protected]

Attachments: Proposed resolution

Management Staff Initials:

Chief Executive Officer Customer Service Manager N/A

Chief Engineer N/A IT Services Director N/A

Chief Financial Officer N/A Human Resources Director N/A

General Counsel Water Supply Program Director N/A

RESOLUTION NO. 08‐20

A RESOLUTION DECLARING AN EMERGENCY AND GRANTING THE CHIEF EXECUTIVE OFFICER EMERGENCY POWERS TO PREPARE FOR, PREVENT AND MITIGATE THE EFFECTS OF COVID‐19 IN CONJUNCTION WITH FEDERAL, STATE AND LOCAL PUBLIC HEALTH OFFICIALS AND EMERGENCY MANAGEMENT OFFICIALS.

WHEREAS, the Board of Commissioners of Tualatin Valley Water District find that the federal government, State of Oregon and Washington County, Oregon have declared an emergency exists as provided by law for COVID‐19, commonly referred to as coronavirus; and

WHEREAS, the District, through the Chief Executive Officer, has and will continue to cooperate with the appropriate federal, state and local public health officials and emergency management officials and take action as directed by them to prepare for and respond to coronavirus, and to take other actions deemed necessary by the Chief Executive Officer within the District to prevent, respond to and mitigate the coronavirus in the District workplace; and

WHEREAS, the Board wishes to adopt this resolution to declare an emergency, ratify all acts of the Chief Executive Officer to date and to authorize the Chief Executive Officer to take all actions necessary to protect the District’s customers, employees and property to enable the District to provide potable water services and being advised.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TUALATIN VALLEY WATER DISTRICT THAT:

Section 1: An emergency exists, and it will continue so long as there is a declaration of emergency by the federal government, State of Oregon and the Board of County Commissioners of Washington County, Oregon. Upon sunset of those emergency declarations, this resolution shall lapse without necessity of further action by the Board.

Section 2: The District, acting by and through the Chief Executive Officer or designee(s), is authorized to take such actions and issue such orders as are determined to be necessary to protect the District’s customers, employees and property to enable the delivery of potable water throughout the District’s system.

Section 3: The District, acting by and through the Chief Executive Officer or designee(s), is authorized to efficiently conduct activities to prevent, respond to and mitigate the effect of the emergency as directed or requested by federal, state or local public health officials or emergency management personnel or as deemed necessary by the Chief Executive Officer. In addition, the Chief Executive Officer shall take all necessary steps authorized by law to coordinate response and recovery from this emergency, including but not limited to, requesting assistance and reimbursement from the federal government, State of Oregon and Washington County.

Section 4. The decisions and acts of the Chief Executive Officer or designee(s) in responding to COVID‐19 prior to the date of this resolution are hereby ratified and affirmed.

Page 1 of 2 Section 5. The Chief Executive Officer will regularly inform the Board, at the earliest reasonable opportunity, of the actions taken pursuant to this resolution.

Approved and adopted at a regular meeting held on the 18th day of March 2020.

______Bernice Bagnall, President Todd Sanders, Secretary

Page 2 of 2 Link back to agenda 3A

To: Board of Commissioners

From: Clark Balfour, General Counsel

Date: March 18, 2020

Subject: Local Contract Review Board Rules Update

Key Concepts:  Periodically, staff reviews TVWD’s purchasing policies and rules because of legislative changes, to streamline processes and follow best practices.  Staff will provide a short presentation of proposed amendments to the Local Contract Review Board (LCRB) Rules.  This presentation is informational. Staff plans to bring these proposed amendments to the Board for approval at a future meeting

Background: As authorized by statute, the Board has appointed itself as the Local Contract Review Board for the District, like nearly every other unit of local government in Oregon. As the LCRB, it has adopted Rules (for purchasing goods, services, design and construction) that follow state law and the Attorney General’s Model Rules.

Periodically, staff reviews the Rules to account for legislative changes, to use more efficient, streamlined practices, where possible, and to be responsive to changes in the marketplace affecting the things the District needs to procure.

Staff will provide a brief description of recommended amendments to the Rules during this informational presentation. If the Board indicates, staff will make the text changes to the Rules and submit them to the Board for approval at the April 15, 2020 regular meeting.

Budget Impact: None

Staff Contact Information: Clark Balfour; General Counsel; 503‐848‐3061; [email protected]

Attachments: None Page 2 of 2 March 18, 2020 Local Contract Review Board Rules Update

Management Staff Initials:

Chief Executive Officer Customer Service Manager N/A

Chief Engineer IT Services Director N/A

Chief Financial Officer Human Resources Director N/A

General Counsel Water Supply Program Director N/A