Board of Directors

Agenda & Reports

August 19, 2014

Bend Park and Recreation District Board of Directors

Agenda August 19, 2014

5:30 PM Work Session

7:00 PM Regular Meeting

Executive Session pursuant to:

ORS 192.660(2)(i)

District Office Building 799 SW Columbia

Bend, Oregon

VISITORS An assistive listening device is available for visitors. Please let the board chair know if you would like to make use of this device and staff will assist you. Visitors who wish to speak are asked to submit a public comment card provided at the sign-in table. Work sessions are scheduled for the board to receive and discuss information regarding district operations, projects, and planning to aid in their decision-making process. The board will receive comment on work session agenda items at this time. Please state your name and address, and limit your comments to three minutes in the interest of allowing the board to complete the work session agenda.

5:30 PM WORK SESSION 1. Colorado Dam Safe Passage Project Update

2. Riley Ranch Nature Reserve Update

3. Environmental, Cultural and Historical Education Planning

7:00 PM REGULAR MEETING VISITORS An assistive listening device is available for visitors. Please let the board chair know if you would like to make use of this device and staff will assist you.

This is the time provided for individuals wishing to address the Board regarding items not listed in the business session. Visitors who wish to speak are asked to submit a public comment card provided at the sign-in table. The Board may elect to ask for comment on business session items at the appropriate time. The visitor’s section is not designed for a lengthy presentation. If you have a proposal for Board consideration, briefly introduce the subject, and request that the Board consider adding discussion to a future Board meeting agenda. Please state your name and address at the time you address the Board. Please limit your remarks to three minutes.

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CONSENT AGENDA 1. Approval of minutes: August 5, 2014, Work Session & Regular Meeting

BUSINESS SESSION 1. Pickleball Memorandum of Understanding EXECUTIVE DIRECTOR’S REPORT BOARD MEETINGS CALENDAR REVIEW GOOD OF THE ORDER ADJOURN EXECUTIVE SESSION The board of directors will meet in an executive session pursuant to ORS 192.660(2)(i) for the purpose of reviewing and evaluating the job performance of public officers and employees. This session is closed to all members of the public except for representatives of the news media. Matters discussed in executive session that relate to the performance evaluation of public officers and employees shall not be disclosed by the news media.

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BOARD AGENDA COMMUNICATION

AGENDA DATE: August 19, 2014 SUBJECT: Colorado Dam Safe Passage Project STAFF RESOURCE: Michelle Healy, Strategic Planning and Design Director Chelsea Schneider, Landscape Architect PREVIOUS BOARD ACTION: The Board last reviewed project progress on March

18, 2014. ACTION PROPOSED: None STRATEGIC PLAN: Theme: Customer-Community Connection Objective: Analyze and Adapt to Changing Community Need Initiative: Acquire land, and plan and develop trails, river

access, parks, natural areas and recreation facilities to meet identified community demand and future need.

BACKGROUND

The Colorado Dam Safe Passage project was approved by the voters as part of the November 2012 Bond Measure and includes the design and construction of a new pedestrian bridge over the Deschutes River and in-stream channel improvements to reduce hazards and increase recreational opportunities in and along the river. The project is generally located downstream of the Colorado Avenue road bridge, along the river frontage of McKay Park and upstream of Miller’s Landing Park. The District has been planning for the Colorado Dam Safe Passage project for numerous years and has worked extensively with stakeholders and the general public to balance interests and needs through the design process. Specific stakeholders include the Bend Paddle Trail Alliance (BPTA), who is raising funds towards the project; the underlying landowner, William Smith Properties; and numerous Federal, State and Local regulatory agencies. From the beginning of the project’s inception, the District’s main goals and expected outcomes of the Colorado Dam Safe Passage project are to:

• Provide safe passage over the existing mill pond dam for a wide variety of river users while preserving upstream water elevations and limiting floodplain and floodway impacts;

• Provide upstream and downstream fish passage; • Preserve, restore and establish riparian areas; • Create an active white water recreation area over a range of river flows;

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• Replace the existing pedestrian bridge with a new bicycle and pedestrian bridge that provides sufficient clearance over the river for the safe passage of river users;

• Provide a natural-appearing design that fits with the character of adjacent parks and surrounding land uses.

In March of 2012 the Board reviewed three design alternatives for the development of the project and selected the alternative that included adjustable bladders upstream to control flow controls into the different channels. The design at that time also suggested that additional bladders could be considered in each of the drops of the whitewater channel to change wave conditions and adapt to varying water levels providing the most flexibility in the system. During the course of the project engineering the additional pneumatic bladders were incorporated into the design under the belief that the project could be constructed for the funding allocated, however, the cost estimate provided at 50% design development (from Hamilton Construction the Construction Manager/General Contractor on the project) determined that the overall project was more expensive than anticipated and the enhanced bladder system would exceeded available funding. Staff shared information about the value engineering efforts done at that time to reduce project costs with the Board at the March 18, 2014, board meeting. Since March 2014 the design of the project has progressed to 100% construction plans. The construction management team is currently developing the Guaranteed Maximum Price (GMP) based on the 100% plans, and expects to have that to the District by the end of August for review. While the final plans still include the option for installing the enhanced pneumatic system, it is unlikely that they can be included in the project without additional funding. Furthermore, due to additional design costs necessary to meet project expectations, combined with escalating construction costs and higher construction management fees it is anticipated that the project will exceed allocated funding even without the enhanced pneumatic system. The full extent of the cost won’t be confirmed until the GMP is provided at the end of August and staff has had time to review. With approval of the DSL/Corps permit and the Waterway Overlay Zone land use action, the permitting for the project is almost complete. Fisheries and FEMA coordination continues. Construction permits, including 1200-C, building, grading and drainage, and right-of-way are in progress. Pending final permit approvals and construction contract award, the project is expected to begin in October 2014 with in-water work extending into spring of 2015. Additional construction will continue over the summer and fall with construction in McKay Park and Deschutes River Trail improvements on the right side of the river (funded separately from the Colorado Dam Safe Passage project). Construction of the Colorado Dam Safe Passage and associated projects within the vicinity is expected to be fully completed in 2016. Meeting the project goals, the needs and expectations of the various interests during the design process has provided unique opportunities and challenges, both of which have had a significant influence on the project design. And, while the bulk of the design for the project is complete, coordination with stakeholders continues in order to confirm design expectations and flesh out final details of the project heading into construction.

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BUDGETARY IMPACT

The 2014-2019 CIP included $7,350,000 for the completion of the Colorado Dam Safe Passage Project. Funding sources include $900,000 in contributions from the Bend Paddle Trail Alliance and $6,450,000 from Bond proceeds. The GMP will be available by the end of August. Current information indicates that the project will cost more than initially anticipated and that a combination of value engineering and additional funding will likely be required to complete the project. The GMP is expected to be presented to the Board in September. STAFF RECOMMENDATION

None for information only. MOTION

None ATTACHMENT

None

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BOARD AGENDA COMMUNICATION

AGENDA DATE: August 19, 2014 SUBJECT: Riley Ranch Nature Reserve Update STAFF RESOURCE: Jim Figurski, Landscape Architect Michelle Healy, Strategic Planning & Design Director PREVIOUS BOARD ACTION: Board approved contract with ESA Vigil-Agrimis on

November 5, 2013, Bridge Design Contract awarded to HDR on March 20, 2014

ACTION PROPOSED: None STRATEGIC PLAN: Theme: Customer – Community Connection Objective: Analyze and Adapt to Changing Community Need Initiative: Acquire land, and plan and develop trails, river

access, parks, natural areas and recreation facilities to meet identified community demand and future need.

BACKGROUND

Funding for the initial development of Riley Ranch Nature Reserve (RRNR) was included as part of the 2012 General Obligation bond measure approved by the voters and through the system development charges (SDCs) program. Following approval of the bond, the District embarked upon project planning to allow the site to be developed and opened to the public. The project planning includes the development of a Management Plan and Master Plan for the entire site. The draft Management Plan was completed in April 2014 and guides District stewardship of the natural, cultural and recreation resources on the site. The master planning for site development is underway and includes an assessment and analysis of the existing site opportunities and constraints, determination of program elements for future development, an architectural assessment of the existing structures, public outreach support, cost estimating, permit analysis, traffic analysis, additional archeological review and the development of an interpretive sign program. A citizen’s advisory committee (CAC) was formed to assist the District in reviewing the Management Plan and developing the Master Plan that balances recreation with stewardship of this unique property. The CAC met on May 12, 2014, reviewed the draft Management Plan and discussed appropriate levels of development at the site. The consultant team then used this information to prepare two draft Master Plan alternatives; one illustrating a low-to-moderate level of development and a second illustrating a higher level of development. The CAC met on June 13, 2014, to review the two alternatives and made recommendations for a preferred

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master plan alternative to share with the public for feedback. The CAC is meeting on August 19 to review the preferred draft Master Plan and phasing plan prior to general public outreach in late August or early September. Following public outreach, the final recommended Master Plan is expected to be presented to the Board this fall. Permitting and the preparation of construction documents will commence following approval of the Master Plan. Part of the planning effort is to determine what uses, if any, can be assigned to the old Jeffers’ house. The consultant Architect has evaluated the house and prepared a preliminary design alternative that would allow for public use of the house. Even though it is not anticipated that the current funds allocated to this project be used to remodel the house, staff and the CAC feel it is important to the overall planning of the site to determine its future use. Concurrent with the master planning efforts, a contract was awarded to HDR Engineering for the design and permitting of a vehicular and pedestrian bridge to be located at the north end of the Riley Ranch Nature Reserve. The bridge would provide emergency and service vehicles access to the lower terrace of RRNR. Pre-design of the bridge has been completed and construction drawings are underway. The design of the bridge is proposed to be somewhat similar in style to the south canyon bridge. Staff will share details of the proposed master plan including preliminary ideas for public use of the Jeffers’ house, the bridge design, potential phasing plans for development and additional project details during the Board meeting. BUDGETARY IMPACT

The District’s 2015-2019 Capital Improvement Plan identifies a total project funding allocation of $3,740,000; $740,000 in bond funds and $3,000,000 in SDC funds, to complete master planning, construction documents, permitting and initial development of Riley Ranch including the bridge construction. STAFF RECOMMENDATION

None, for informational purposes only. MOTION

None ATTACHMENT

None. Information will be presented at the Board meeting.

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BOARD AGENDA COMMUNICATION

AGENDA DATE: August 19, 2014 SUBJECT: Environmental, Cultural and Historical Education

Planning STAFF RESOURCE: Michelle Healy, Strategic Planning & Design Director Matt Mercer, Recreation Director Jim Figurski, Landscape Architect PREVIOUS BOARD ACTION: None ACTION PROPOSED: None at this time, information for discussion only

STRATEGIC PLAN: Theme: Customer – Community Connection Objective: Analyze and Adapt to Changing Community Need Initiative: Acquire land, and plan and develop trails, river

access, parks, natural areas, and recreation facilities to meet identified community demand and future need.

Theme: Customer – Community Connection Objective: Respond to User Expectations Initiative: Invest in initiatives that will engage children in

outdoor activities, nature education and stewardship.

BACKGROUND

The District is engaged in two projects, Riley Ranch Nature Reserve and Shevlin Park Management Plan that present significant natural resource educational and interpretive opportunities. In many cases, the interpretive opportunities extend beyond natural resources to include cultural resources significant in the development of Central Oregon. In addition, the Deschutes River Trail, Colorado Safe Passage, Pine Nursery Park, Riverbend Park, Farewell Bend Park, Drake Park, Sawyer Park and many other sites in the District’s inventory include natural areas that present or already include interpretive and educational opportunities. While the District’s 2012 Parks, Recreation and Green Spaces Comprehensive Plan and 2012 - 2017 Strategic Plan both reference access to nature and environmental stewardship as important values for the community, the District does not have a clearly defined mission or set of policies regarding its role in environmental, cultural and historical education. Nor do the plans discuss specifically to what level the District should engage in the development and creation of its own programs in environmental, cultural and historical education, or work directly with partners to provide programming.

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A conversation with the Board about the District’s role in environmental, cultural and historical education was started in July 2013 with a tour of several natural areas in Portland, and further continued during a local tour of Shevlin Park and Riley Ranch Nature Reserve in September 2013. Following those tours, the general consensus was that the District does have a role in providing opportunities for environmental, cultural and historical education, and that role would best be served by providing visitor facilities for self-guided interpretive experiences and programming through collaboration with other organizations such as the High Desert Museum, School District, Watershed Council, Audubon, etc. The Deschutes Children’s Forest collaboration also provides an avenue to many organizations that are coordinating environmental education efforts. Attached is a general guideline to help staff understand Board direction in this service area. Staff is asking that the Board review the guideline and provide direction so that staff may use this information in the development plan for Riley Ranch Nature Reserve, other future facility, and programming endeavors. BUDGETARY IMPACT

There is no direct budgetary impact at this time. However, policies and decisions the Board may make in this area could require significant future investments in personnel and infrastructure necessary to support or create environmental, cultural and historic education and interpretive opportunities. STAFF RECOMMENDATION

Staff recommends that the Board continue a discussion of the role of the District in supporting or creating environmental, cultural and historic education programs and the creation or support of interpretive opportunities. MOTION

None ATTACHMENT

Environmental, Cultural and Historical Education Guideline

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Environmental, Cultural and Historical Education Guideline Natural and cultural resource offerings have been a part of the offerings of the District for almost 100 years. Evolution of these offerings has occurred organically rather than through a deliberate or strategic effort. The main venues that currently offer these services have been limited to parks such as Shevlin Park and Hollinshead Park. With the acquisition of Riley Ranch Nature Reserve, the District has its first park that is dedicated to natural and cultural education. In order to develop both the educational program and the facilities to support this program, it is necessary to better define the role of the District in environmental, cultural and historical education and interpretation. This paper is an attempt to narrow the discussion to the District’s role which can be categorized into three areas: self-guided interpretation, guided interpretation and programed adventure. Self-guided interpretation —Interpretation is a communication process designed to reveal the meanings and relationships of cultural and natural heritage to the public, through first-hand involvement with artifacts, landscapes and sites. Interpretation tells a story and brings meaning and interest to a subject for the enjoyment of the visitor. Interpretation does not simply provide facts. The District uses interpretive signs to present natural, cultural, and historic features and stories for park visitors. Interpretive signs may also be used to interpret management activities of the park system and to showcase certain amenities within a park. The District will consider self-guided interpretation opportunities in its parks where cultural amenities, historical events, and landscapes offer the visitor a worthy learning experience or where a particular park element needs to be identified and explained. Self-guided opportunities include stationary interpretive signage, brochures, and identification markers. Self-guided interpretation should be strategically places within a site so the surrounding area is explained to the visitor. Guided Interpretation—The District has a many sites that can play an important role in education. Students, day users, non-profits, and organized programmers use District parks for educational purposes. The District will rely upon other agencies such as the Upper Deschutes Watershed Council, Deschutes Land Trust, High Desert Museum, schools, Cascade East Audubon Society, living history interpreters, and other agencies to provide guided interpretive programs. The role of the District is to provide the venue that allows for these opportunities to occur. Where applicable and where resources allow, District support of guided interpretation will be to provide trails, interpretive signage and support facilities such as trash receptacles, benches, shelters and restrooms. Multi-purpose indoor support space that allows for education programs to exist is also an amenity that the District may provide. These facilities are to allow for other agencies, and where practical, District staff to offer programs that support the overall educational mission. District resources do not allow for the development of a year-round, staffed indoor nature center, nor do District resources allow for the District to build and support facilities for other agencies to offer these services. This type of facility would directly compete with the High Desert Museum and Sunriver Nature Center. The District has the opportunity with Riley Ranch Nature Reserve to offer a service unlike others in the region. Programmed Adventure—Through the Recreation Services Department, programmed adventure is an opportunity for kids to get connected to nature. Programs such as Cougar Camp have been held in District parks for years. While Cougar Camp is a recreation program first and a nature education program second, it does offer some environmental education opportunities for

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children. With the addition of Riley Ranch Nature Reserve, there will be opportunities to offer much more in-depth natural-resource based programs for children elementary aged and older that foster an appreciation for and understanding of natural and cultural systems and their importance they play on the quality of the lives of those who live here. District responsibility in this area should be shared with other governmental agencies and non-profits. Summer camps have the greatest exposure to children interested in these programs. District staff is capable, and in some cases the best equipped, to offer these programs. The Deschutes Children’s Forest is a collaborative of several organizations whose common interest is environmental education. This group provides a good venue for the District to work with other agencies and non-profits to bring their talents to the forefront in serving children and adults’ educational needs.

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Bend Metro Park & Recreation District Board of Directors

Work Session, Executive Session & Regular Meeting Minutes

BOARD PRESENT: Dan Fishkin, Craig Chenoweth, Ted Schoenborn and Scott Wallace

STAFF PRESENT: Don Horton, Michelle Healy, Lindsey Lombard, Theresa Albert, Jan Taylor,

Matt Mercer, Pat Erwert and Paula Lowery

LEGAL COUNSEL: Neil Bryant. CONSULTANTS: George Dunkel and Jeff Sinclair, Special Districts Association of Oregon.

MEDIA: None. VISITORS: Keith Scott, Steve Eichelberger and Jennifer Carson. WORK SESSION Chair Dan Fishkin convened the work session at 5:33 pm. Board Training George Dunkel and Jeff Sinclair, Special Districts Association of Oregon (SDAO), conducted a Board training presenting information regarding the District’s authority, Board action, member qualifications, ethics, conflict of interest, public meetings, Board meeting organization, Board leadership and vision, mission, values and expectations. REGULAR MEETING Chair Dan Fishkin called the regular meeting to order at 7:02 pm. VISITORS Keith Scott addressed the Board regarding the McKay Park grant, small dog off-leash parks and the maintenance of parks. CONSENT AGENDA Minutes: July 15, 2014, Work Session & Regular Meeting Scott Wallace moved to approve the consent agenda. Craig Chenoweth seconded the motion. Dan Fishkin noted one correction to a motion authorizing the Executive Director to negotiate and execute a contract with JL Ward Company to read: Craig Chenoweth moved to authorize the Executive Director to negotiate and execute a contract with JL Ward Company to acquire 37+/- acres as defined in the Board Agenda Communication for an amount not to exceed $98,000.00 per acre plus closing costs and for the Executive Director to assure that the conditions outlined in the Board Agenda Communication are completed with outcomes beneficial to the district. Dan Fishkin recommended that the motion be reworded to state “to the Executive Director’s satisfactions the conditions precedent to entering into the contract have actually been met to the Executive Director’s satisfaction”. Scott Asla seconded the motion.

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Dan Fishkin, Craig Chenoweth, Ted Schoenborn, Scott Asla and Scott Wallace voted aye. Motion passed. Dan Fishkin moved to authorize the Executive Director to accept easements associated with the purchase of 37+/- acres of land and to assure that those easements are free of claims and receive a “no further action” on an environmental assessment. Craig Chenoweth seconded the motion. Dan Fishkin, Craig Chenoweth, Ted Schoenborn, Scott Asla and Scott Wallace voted aye. Motion passed. Scott Wallace, Craig Chenoweth, Scott Wallace and Dan Fishkin all voted aye to approve the minutes with the noted correction. Motion passed. BUSINESS SESSION Approve Amendment to Discovery Community Park Developer Agreement Lindsey Lombard briefly reviewed previous Board discussion and action related to the Discovery Community Park Purchase and Developer agreements and master plan. She noted the Board’s adoption of the Capital Improvement Plan (CIP) in June that included a $3.3 million project cost estimate for the project. She added the $1.9 million land purchase contained in the CIP will be paid at the time of closing after the project is complete and accepted by the district. She stated the agreement calls for reimbursement to West Bend Properties of SDC fees within 15 days of closing based on Exhibit H of the approved agreement. She explained that staff is recommending that Exhibit H be rewritten to change the timing of the reimbursement due to the extended length of time to complete the project than originally anticipated. She added the SDC fees were collected in fiscal year 2013-14 with the expectation of reimbursement would occur in July of this year. She stated the amendment would allow for a reimbursement prior to July 1, 2015, in the event the park is completed and accepted earlier in 2015. Don Horton noted the park is costing more than anticipated and West Bend Properties is being asked to carry more of the money forward than they had hoped at the beginning of the project. Dan Fishkin clarified the amount of the reimbursement does not change. Don also stated the reimbursement is based only on the amount of SDC fees collected through last fiscal year. Scott Wallace expressed concern for accepting the park during the winter before the irrigation system is activated and the landscaping is established. Lindsey stated there is a one-year warranty on the park that begins at the time of the district’s acceptance of the park. She reported on discussions with the developer regarding the responsibility of the maintenance of the park until it is fully established and it was determined that a memorandum of understanding or an additional amendment to the agreement may be required to specify maintenance requirements and full establishment of the turf and landscaping. Don stated the developer anticipates completion of the irrigation system and installation of the turf this season. Michelle Healy stated that this concern was discussed in depth with West Bend Properties and it is equally important to them and the district for this park to be successful. Don stated that if we are not comfortable with the plant material the district will not accept the park until we are comfortable with it. Dan suggested adding language to the amendment regarding extending the warrantee. Don stated the developer is not being treated any differently than the general contractors the district has worked with and he is not concerned about the quality of the end product. He added that if the park is accepted in January the warrantee covers a full growing season with regard to the irrigation and plant material. Scott Wallace moved to approve the Amendment No. 1 to Discovery Park Development Agreement. Ted Schoenborn seconded the motion. Dan Fishkin, Craig Chenoweth, Ted Schoenborn, and Scott Wallace all voted aye. Motion passed.

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EXECUTIVE DIRECTOR’S REPORT Don Horton reminded the Board of the second reading of the city’s ordinance to change the zoning affecting the Simpson Pavilion would be held on Wednesday night. Don Horton reviewed the park naming process and noted that formal names should be implemented for the Simpson Pavilion, Riley Ranch and the Senior Center projects. He noted that facilities have not been named by the Park Naming Committee in the past as the committee has addressed the naming of parks only. He asked if the Board wishes to convene the Park Naming Committee. Dan Fishkin stated that with respect to the pavilion consideration and discussion needs to address potential sponsorship naming rights as previously discussed by the Board. He stated he would not like to lose that potential opportunity. Ted Schoenborn asked if there is a particular reason for renaming the Senior Center. Don stated it was a recommendation of the committee to name the facility to be more encompassing of what we are doing at the center. Ted Schoenborn stated it was his recollection that was not necessarily a committee consensus or that the issue had been resolved. Don explained that from a staff standpoint it would attract more people to the activities offered there and it would continue to serve the older population. Craig Chenoweth stated that in terms of the direction that we are going with that facility it would make sense to change the name as it is going to become more than a senior center at some point, and if we are going to be putting those funds into the project, it should be reflective of that. The Board agreed to reconvene the Park Naming Committee. Don Horton reminded the Board of upcoming conferences and district dedication and special event dates. As there was no further business the meeting was adjourned at 7:40 pm. EXECUTIVE SESSION Chair Dan Fishkin convened an executive session pursuant to ORS 192.660(2)(e) for the purpose of discussing real property transactions and ORS 192.660(2)(i) for the purpose of reviewing and evaluating the job performance of public officers and employees. The executive session was concluded at 9:30 pm. Prepared by,

Paula Lowery Executive Assistant __________________________________ ___________________________________ Dan Fishkin, Chair Craig Chenoweth, Vice-Chair __________________________________ __________________________________ Ted Schoenborn Scott Asla __________________________________ Scott Wallace

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BOARD AGENDA COMMUNICATION

AGENDA DATE: August 19, 2014 SUBJECT: Pickleball Memorandum of Understanding (MOU) STAFF RESOURCE: Don Horton, Executive Director PREVIOUS BOARD ACTION: None ACTION PROPOSED: Approve Pickleball MOU between Bend Park and

Recreation District (BPRD), Bend Park and Recreation Foundation (BPRF), and Werner Zehnder

STRATEGIC PLAN: Theme: Customer – Community Connection Objective: Cultivate Partnerships Initiative: Seek strategic alliances to support targeted capital

projects. BACKGROUND

Earlier this spring the District and the Bend Pickleball Club completed a very successful partnership formed to construct eight pickleball courts at Pine Nursery Park. Upon completion of the project the Bend Visitors Association organized the Oregon Senior Games. During these games more than 180 pickleball players competed making it the most successful event of the games. The following week, the District received a call from Werner Zehnder who offered to donate $250,000 to the construction of eight additional pickleball courts at Pine Nursery Park. The attached Memorandum of Understanding (MOU) between BPRD, Bend Park and Recreation Foundation (BPRF) and Werner Zehnder outlines the structure of the agreement. A request of the donor was to make every effort to have the facility constructed by next summer. In order for this to happen, the District had to start engineering right away. Currently the engineers are approximately 80% complete with design. The MOU calls for the District to make a contribution to the project, but does not specify an amount. The MOU also calls for the District to contribute to the engineering, permitting and project management, and for the Board to consider the amount of public funding to be assigned once engineering and cost estimating is complete. The role of the BPRF is to serve as the bank for the project, using its 501C3 status as a tax advantage for the donor. The Foundation will reimburse the District for its expenses at the completion of the project.

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STAFF RECOMMENDATION

Staff recommends the board approve the three-party MOU. BUDGETARY IMPACT

Unknown at this time. MOTION

I make a motion authorize the Executive Director to negotiate and execute a contract with the Bend Park and Recreation Foundation and Werner Zehnder for the development of eight pickleball courts at Pine Nursery Park. ATTACHMENT

Memorandum of Understanding

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Memorandum of Understanding Between:

Bend Park and Recreation District Bend Park and Recreation Foundation

Werner Zehnder 1. Parties: This Memorandum of Understanding (“MOU”) is between Bend Park and Recreation District (“District”), Bend Park and Recreation Foundation (“Foundation”) and Werner Zehnder (“Donor”). 2. Purpose of this Memorandum of Understanding: The purpose of the MOU is to outline roles and responsibilities for the development of Phase II of the Bend Pickleball facility and to assure a high quality final product by effectively communicating the roles, responsibilities and expectations of all parties to the MOU. 3. Description of the Project: Based on the approved conceptual plan, Exhibit A, the District has agreed to the development of 8 pickleball Courts (the “Project”) at Pine Nursery Community Park in Bend, Oregon. The Project is known as Phase II of the Bend Pickleball Complex and will complement the 8 courts that already exist. The key features of the Project include 8 additional pickleball courts, a plaza, landscaping, seating/spectator areas, power and water, shade structure(s), a storage building and provisions for future court lighting. The scope of improvements to be constructed will be based on available funding by the Donor and District, as described below. 4. Conceptual Plan: The conceptual plan is to be considered and approved by the Donor and District prior to construction documents being drawn. Upon completion of the conceptual plan, the plan will become an exhibit of this MOU. The conceptual plan will include a plan view drawing of the Project with all components necessary to complete the Project, a cost estimate, phasing plan if necessary, and an anticipated construction schedule. 5. General Duties of Parties: The Foundation will be the fiscal sponsor of the Project. The Foundation will establish a short-term, donor-directed fund to be used for the Project, including reimbursable expenses related to planning and construction document preparation, permitting and Project construction expenses. The Foundation will hold and disburse funds as directed by the District and as further outlined below. The Donor will contribute $250,000 toward the costs of building the Project. It is the Donor’s hope that these funds will be sufficient to mirror the 8 courts already built and would cover costs not provided by District. The Donor understands, as a part of this MOU, that the funds he is providing, plus the funds the District is providing, may not complete the improvements described in the conceptual plan in total. The District will provide at its own cost all necessary planning and construction documents, including plans, specifications, permitting, bidding and cost estimating, and all costs associated

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with District’s commitment to Project management. In addition, the District will consider, but is not yet committing to, other costs necessary to complete the Project. The District will perform all construction administration, inspections, and communication with the contractor. The District will consult with the Donor or his representative during Project design and construction in order to assure that the Donor’s interests are being met. The District agrees to own the Project in perpetuity and be responsible for maintenance and operations. The District continues to reserve the right to work with the Bend Pickleball Club to provide the level of maintenance that the club desires. 6. Fiscal Sponsorship and Fundraising: 6.a Purpose of the Fund: The purpose of the Fund is to provide the Foundation with the resources to support the District’s and Donor’s interests in the development of the Project. This Project is in alignment with the Foundation’s mission, vision and objectives. 6.b Distribution of the Fund: All assets of the Fund will be distributed for the purposes described in Paragraph 3 above. If the Fund has a positive balance at the completion of the Project, signified by a District-issued Notice of Completion, the Fund will be held by the Foundation to support future Project needs. 6.c Foundation responsibility:

• Agree by Board action to be the fiscal sponsor of this Project; • Appoint a Foundation Administrator to reimburse the District for Project expenses up to

the amount of Project funds raised; • Serve as the holding agency for donated funds; • Provide for payment of costs related to the Project; • Acknowledge the Donor’s partnership, when appropriate, in all communication with the

public and media (print and verbal); and • Terminate this relationship if the Donor engages in any activity that jeopardizes the

Foundation’s tax-exempt status or reputation. 7. Cost of Construction: Upon completion of the conceptual plan, the District will prepare a preliminary estimate of the Project’s construction costs. The preliminary estimate will be based on the conceptual plans shown on Exhibit A. Once the construction plans and specifications have been approved by the Donor and District, the District will revise the preliminary construction estimate and develop a final construction estimate. Based on the construction estimates, a phasing plan may be considered in order to fully develop the pickleball site. It is anticipated that site elements such as a storage building, shade structures, and lighting may be included in a future phase if funding resources are not available at this time. The District and Donor will review the estimates jointly. The estimates shall include only those expenses attributable to the construction of the improvements described in this MOU. The estimates shall be in unit-price form for all divisions of construction and shall include, at a minimum, construction permit fees, all fees and costs associated with construction,

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professional services, and any reimbursable expenses deemed necessary for plan copies and production. Additionally, a minimum 10% contingency shall be included in the final construction estimate. In the event the contingency is not used, and upon final acceptance of the Project, all remaining contingency funds will be held by the Foundation to support any future Pickleball Facility capital improvement needs at Pine Nursery Park. If the cost estimate exceeds Donor’s donation amount plus the amount needed to construct those elements the District agrees to fund pursuant to Paragraph 5, the District will discuss the estimate with the Donor and the Board to formulate a plan of action, which may include a phasing plan. It is believed that the cost will be more than the donated amount because of additional facilities proposed to be part of the conceptual plan for Phase II that were not a part of Phase I. These facilities include additional power and water, shade structure(s), a potential enlarged plaza, lighting standards and a storage building. 8. Project Planning: The District will be responsible for all plans and supporting documentation for any land use applications and/or building permits. At the time of this MOU, it is understood that, at a minimum, a Building permit issued by Deschutes County will be required. The District will investigate if any additional land use action is required. The District shall use the approved construction plans to submit land use approval and or building permits. Any revisions necessary due to jurisdictional review shall be made a part the plans by District. 9. Project Construction: Project construction will not begin until all necessary permits have been obtained and sufficient funds have been obtained to complete the Project. Notwithstanding the foregoing, the Project can be completed in phases, provided, however, all funds necessary to complete a phase must be secured prior to commencing any work on that phase. The phases are identified as follows:

Phase I – All planning, design, and permitting services Phase II – Construction

The District will work with the Donor to ensure that the completed Project meets the needs of the Donor and Bend Pickleball Club. The District shall issue a notice of Project completion to the Foundation and to the Donor when all work is completed to the satisfaction of the District and Donor. Since the District will own the completed Project, final construction implementation and approval authority rests with the District. The Project Donor shall:

• Provide funding in one or two donations in keeping with the phasing schedule discussed above;

• Be available for design meetings to assure that the intent of the Donor and Bend Pickleball Club are being met;

• Coordinate any meeting with a representative of the Bend Pickleball Club; and • Provide timely and clear responses to design questions.

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The District shall: • Provide the land and in-house soft cost, including Project management to assure the

success of the Project; • Maintain close communication with the Donor regarding scheduling, cost issues, design

issues, and other Project-related issues; • Provide for all design services including conceptual planning, construction documents,

and specifications; • Make application to the Deschutes County for the planning and permitting; • Develop a detailed construction schedule once all funding is secured; • Apply for construction permits with Deschutes County; • Review and approve the construction cost estimate; • Coordinate Deschutes County inspections, as needed; • Designate a construction project manager; • Manage the development and construction of the Project; and • Maintain and operate the courts with support from the Bend Pickleball Club pursuant to

a separate agreement between the District and Bend Pickleball Club.

10. Project Use, Operations and Maintenance: This MOU does not in any way change the agreement between the District and the Bend Pickleball Club that addresses operation and maintenance of the courts. Given that additional courts will be available, the District will amend the agreement as necessary once the courts are built to provide more courts for Bend Pickleball Club use. The additional courts are intended to serve the growing needs of the Bend Pickleball Club and public interest in pickleball. With the additional courts, four courts will be open to the general public during all hours including organized play offered through the Bend Pickleball Club with the exception of tournaments and special events when public access may be limited. The District will offer Bend Pickleball Club additional times as necessary in the afternoons or evenings in order to assure that the club has adequate time to host their events. The use, operation and maintenance of the additional courts will be addressed in the amended agreement between the District and the Bend Pickleball Club.

11. Contact Information District: Michelle Healy, Strategic Planning and Design Director 541.706.6113 Foundation: Kim Johnson, BPR Foundation Staff 541.706.6127 Donor: Werner Zehnder

Dated this __________ day of _________________, 2014

BEND METROPOLITAN PARKS AND RECREATION DISTRICT

By: ___________________________ Don Horton, Executive Director

BEND PARK AND RECREATION FOUNDATION

By: ______________________________ Leslie Edwards, Chairman

Donor

By:_____________________ Werner Zehnder, Donor

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Board Calendar 2014-15

*This working calendar of goals/projects is intended as a guide for the board and subject to change. September 2 Work Session Colorado Dam Safe Passage Project Business Session Approve Senior Center construction contract McArdle Rd. easement – consent agenda EXECUTIVE SESSION September 16 Work Session Summer Recreation Report Shevlin Park public involvement update Business Session Simpson Pavilion Construction Administration contract – consent agenda Approve easement to city for sewer lift station in McKay Park – consent agenda Approve easement from city for Colorado Dam and undercrossing –consent agenda Approve Easement for Deschutes River Trail North (RRNR) – consent agenda Adopt ADA Transition Plan – consent agenda Approve Construction Administration contract – Colorado Safe Passage project – consent

agenda Approve construction Guaranteed Maximum Price with Hamilton Construction – Colorado

Safe Passage October 7 Work Session Park Stewardship Program update

Business Session Award Simpson Pavilion Construction Contract Approve Riley Ranch Master Plan

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