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City Council Packet - 02/15/2022 .71 + City of Tigard TIGARDTigard Business/Workshop Meeting—Agenda TIGARD CITY COUNCIL- Revised on 2/14/2022 to add Agenda Item 6- Consider Resolution to Waive Business License Late Fees for 2022 MEETING DATE AND TIME: February 15, 2022 - 6:30 p.m. MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no verbal public testimony during this meeting.Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon on the day of the meeting. VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 28 •Every Sunday at 12 a.m. •Every Monday at 1 p.m. •Every Thursday at 12 p.m. •Every Friday at 12:30 p.m. SEE ATTACHED AGENDA III City of Tigard ■ Tigard Business/Workshop Meeting-Agenda TIGARD TIGARD CITY COUNCIL- Revised on 2/14/2022 to add Agenda Item 6 - Consider Resolution to Waive Business License Late Fees for 2022 MEETING DATE AND TIME: February 15, 2022- 6:30 p.m. MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS/WORKSHOP MEETING A. Call to Order—City Council B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS AND RECOGNITION 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Tigard High School Student Envoy C. Update from Police Chief McAlpine D. Tigard Area Chamber of Commerce E. Public Comment-Written F. Public Comment- Phone-In 4. CONSENT AGENDA: (Tigard City Council) The Consent Agenda is used for routine items including approval of meeting minutes, contracts or intergovernmental agreements. Information is available on the city's website in the packet for this meeting. Consent Agenda items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. A. CONSIDER AMENDED INTERGOVERNMENTAL AGREEMENT WITH TIGARD-TUALATIN SCHOOL DISTRICT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT Consent Agenda- Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. RECEIVE BRIEFING AND PROVIDE DIRECTION ON CITY FACILITIES CONSOLIDATION (CFC) 6:45 p.m. estimated time 6. CONSIDER RESOLUTION TO WAIVE BUSINESS LICENSE LATE FEES FOR 2022 7:35 p.m. estimated time 7. NON-AGENDA ITEMS 8. ADMINISTRATIVE REPORT 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 7:45 p.m. estimated time x Tigard Police Department ` �OLI(� f 61i 4 , _ Strategic Dashboard forJanuary2022 ,, -,-,-,,,-„, /., ,, ___•_,_,-0), -,* ,,,, Property Crime 173 248 0 43.35% 173 248,• 43.35% UUMV 11 32 190.91% 11 32. 190.91% Theft 85 141 • 65.88% 85 141 + 65.88% Arrests (*CTA in Total) 83 124• 49.40% 83 124 0 49.40% Felony 7 21 O 200.00% 7 21 • 200.00% MISD 6 13• 116.67% 6 13 O 116.67% Warrants 24 43+ 79.17% 24 43• 79.17% Calls for Service Jan-21 Jan-22 % Chg 2021 YTD 2022 YTD % Chg Dispatched Calls 1707 1822• 6.74% 1707 1822• 6.74% Self Initiated Calls 1034 1286 O 24.37% 1034 1286• 24.37% Online Crime Reports 33 48 0 45.45% 331 48 0 45.45% SUPPLEMENTAL PACKET FOR 02-15-2022 (DATE OF MEETING) Stolen Cars — 32 stolen in Tigard in January UUMV CASES 32 , 26 16 ,...._ ...-- .....0"" 15 — 1 13 .""•....... 11 woo". 13 14 14 10'' ''s i•e"." 1 ) 11 , __, 11 , --'...... ......."— ! 9 1 1 , I 1 , , Jan Feb Mat Apr May Jun Jul Aug Sep Oct Nov Dec Jan Tigard PD recovered 17 stolen vehicles in January Increase in individuals armed during police contact , _.. ,.,--V,-i.'7,-'-'-,,-'7'' ','F'I' jl'N \ • a -, . °Se .. — , ,,...„. ,, , ,.„..,,,,,,„.., , ' sl^ ,,tt, , \ -,. . . . ..,. , . , . . „:,:, -,......, ,... :4:,., :,,,,7,,f.....,,,,!,,„-..,:',,,,,,,,„ -,.,,,.... , . 010„, i 5 ..,,,' , :41:P:',,,.:::,:-* II A 'I IV�G+4 Ott J:h tt SUPPLEMENTAL PACKET FOR 02 —ts-- ,2o' (DATE OF MEETING) v,„ ./. Tigard Police Department I, N,; yOLICl��\ ;,r Strategic Dashboard for January 2022 . ,,I,R,„/ * ...,...._ if,=-;,,,---r,... c''-' Property Crime 173 248* 43.35% 173 248 0 43.35% UUMV 11 32O 190.91% 11 320 190.91% Theft 85 141 • 65.88% 85 141 • 65.88% Arrests (*CTA in Total) 83 124 0 49.40% 83 124 0 49.40% Felony 7 21 ! 200.00% 7 21 ; 200.00% MISD 6 13 0 116.67% 6 13 0 116.67% Warrants 24 43 0 79.17% 24 43• 79.17% Calls for Service Jan-21 Jan-22 % Chg 2021 YTD 2022 YTD % Chg Dispatched Calls 1707 1822 0 6.74% 1707 1822• 6.74% Self Initiated Calls 1034 1286• 24.37% 1034 1286 0 24.37% Online Crime Reports 33 48 al 45.45% 33 48 45.45% SUPPLEMENTAL PACKET FOR -2 -1 Ss-„7° x.; (DATE OF MEETING) a � Tigard PD Strategic Dashboard =/ ,iiir �l For January 2022 '7'1GARil )-:2' ' ';li c'_ 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) -1: *Tl'Aw�' Crime Snapshot Selected Group A Oa ris c s Jan-21 Jan-22 %Chg 2021 YTD 2022 YTD %Chg Person Crime _ 40 44 0 10.00% 40 44• 10.00% Assault 31 32 0 3.23% 31 32• 3.23% Robbery 1 8 i 700.00% 1 8 i 700.00% Property Crime 173 248• 43.35% 173 248 0 43.35% Burglary-Residential 7 3, -57.14% 7 3 0 -57.14% Burglary-Business 4 4• 0.00% 4 4 0 0.00% Burglary-Other 3 8 i♦ 166.67% 3 8 0 166.67% UUMV 11 32. 190.91% 11 32, 190.91% Theft 85 141• 65.88% 85 141• 65.88% Vandalism 32 34 0 6.25% 32 34 0 6.25% Societal Crimes 45 56• 24.44% 45 56• 24.44% DLIII 4 14, 250.00% 4 14, 250.00% Drug Offense 3 1 0 -66.67% 3 1• -66.67% Disorderly Conduct 4 5• 25.00% 4 5 0 25.00% Arrests(*CTA in Total) 83 124 0 49.40% 83 124 0 49.40% Felony 7 21• 200.00% 7 21 i 200.00% MISD 6 13 0 116.67% 6 13 0 116.67% Warrants 24 43 0 79.17% 24 43 0 79.17% Calls for Service Jan-21 Jan-22 %Chg 2021 YTD 2022 YTD %Chg Dispatched Calls 1707 1822• 6.74% 1707 1822 0 6.74% Self Initiated Calls 1034 1286 0 24.37% 1034 1286 i 24.37% Online Crime Reports 33 48 - 45.45% 33 48 S 45.45% Response Time Jan-21 Jan-22 %Chg 2021 YTD 2022 YTD %Chg Priority 1 &2 5.57 5.95• 6.82% 5.57 5.95 i 6.82% Priority 3 9.62 9.42 e -2.08% 9.62 9.42® -2.08% Priority 4+ _ 9.93 7.88 r -20.64% 9.93 7.88 r -20.64% Photo Enforcement Red Light- Began Issuing Month of: Jan 2022 YTD 2021 2022 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 217 189 28 135 189 40% 99W/SW 72nd Ave 134 100 34 93 100 8% 99W/SW Durham Rd 15 9 6 22 9 -59% Intersection Speed - Began Issuing 7/14/20 Month of: Jan 2022 YTD 2021 2022 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 215 16154 138 161 17% 99W/SW 72nd Ave 1076 9321 144 1393 932 -33% *Person Crime-Assault(verbal harassment,menacing,simple and felony assault),Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DLIII,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard.For more info on NIBRS:https://www.fbi.gov/services/cjis/ucr/nibrs 1 e` Tigard PD Strategic Dashboard 1-1C/ ' -,. , For January 2022 xero 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) Employee Snapshot Department Staffing Information Actual Budget %Budget Sworn 68.0 76.0 89% Non-Sworn 15.0 18.0 83% Total Number of Personnel 83.0 94.0 88% Patrol Staffing Authorized 43 I Days Swings Graves Overall% #of Shifts at or below Minimums 3 10% 16 52% 13 42% 34% Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy 1 - 1 #of Recruits in Recruit Training - - - #of Personnel on Extended Sick Leave/ FMLA - - - #of Personnel on Military Leave 2 - 2 #of Personnel on Modified Duty* 3 - 3 #of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 6 - 6 Total Officers Available to work PATROL some period during the Month 37 *Modified Dury=any modified work schedule to accommodate light duty,workers comp,Covid related EOC-S or EOC-F or LWOP Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2020-21 Budget FY 2021-22 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 56% 58%9 -2% 55% 58%e -3% Operations 47% 58%9 -11% 52% 58% 9 -7% Services 51% 58%9 -7% 55% 58%9 -3% Total Department Budget 49% 58%9 -9% 53% 58% It -5% Budget Information is based on the best available data. FY 2020-21 FY 2021-22 Budget YTD Percent YTD Status Department Overtime Actual Budgeted Actual Budgeted Administrative 23% 58% 0 -36% 15% 58%9 -43% Operations 31% 58% 0 -27% 27% 58% 9 -31% Services 27% 58%9 -32% 32% 58% 8 -27° Total Overtime 30% 58%0 -29% 28% 58%9 -30% 2 ��,nERSI� Tigard PD Strategic Dashboard e�sf' For January 2022 Nip 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) IRO/ I4 til. Ttarjawnwpwr Levy To Date(LTD)is July 1,2020 to date Jan-22 Jan-22 LTD LTD Training Officers Hours Officers* Hours Advanced Crisis Intervention and De-escalation Training 0 0 3 60 Crisis Intervention 0 0 89 230.5 De-escalation Training 0 0 96 191.5 *LTD(Levy To Date)Officer totals may duplicate officer count ac training happens muliple times ayear Totals 0 0 188 482 Levy Staffing Information-LEVY to date progress Actual Budget %Budget Sworn-Patrol 7.0 8.0 88% Sworn-SRO 1.0 1.0 100% Non-Sworn 0.0 2.0 0% Total Number of Personnel 8.0 11.0 73% Levy Hiring Process Patrol All Other Overall Patrol All Other Overall Jan-22 Jan-22 Jan-22 Levy to Date Levy to Date Levy to Date Interviews 8 0 - 149 44 193.00 ORPAT(physical fitness test) 0 0 - 30 0 30.00 Background investigations completed 2 0 - 70 4 74.00 Conditional Offers of employment 1 1 - 22 1 23.00 Ilires 0 0 - 15 1 16.00 Emergency Response Times - 6 Year Trend 1tIORITY 1 AND 2 ' Priority 1 calls= „..e.,.//'6 0 Imminent threat to life 6.23-6 23\ 6.03 5.95 5 5' Priority 2 calls=Immediate threat to life,occuring now 2017 2018 2019 2020 2021 District integrity(5 police districts) #of Shifts conducted with 5 or more patrol Days Swings Graves Overall officers 14 450. 15 480, 11 35% 43% Community Snapshot Aims Community Outreach News Releases(4) Upcoming Events *PSAB meetings *DUII Enforcement Results *PSAB meetings *K9 presenation at Alberta Rider Elem(1/24) *Tigard Man Arrested in Child Abuse Case *Chat with the Chief-virtual(2/22) *Debut of PD's monthly video newsletter(1/31) *Internal Use of Force Review Board *Events as allowed due to Covid protocols *Upcoming Safety Belt Enforcement 'Other Highlights *News coverage of Tigard officer joining the Mental Health Response Team *Released video introducing SRO Imus(English and Spanish) *Uploaded Spanish language videos for SROs Nunn and Moehring 3 �`,,,,,,"''': Tigard PD Strategic Dashboard j 141''_4, `'\'..1 For January 2022 (Mir 1:31 srt _ , �a „ .�• 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) IrLfC f. - rr,.�,```�` Calls For Service - By Month: 7 Year Tren• ��� -, JANUARY DISPATCHED JANUARY SELF INITIATED 1792-.�1797,,,, ��1822 1�1606 1667 1707 1483 1943 1450 1377 1377 1457 1 1 ( 1286 1034 1 Tracking Code Cases - Year to Date Overdose 6 2 3 2 3 '614S-re-Terra`s n. cases of allegations Mental Health hold (POH) 25 14 13 7 17 of abuse to an Suicide 1 1 0 0 1 elderly or mentally Attempted Suicide 14 4 4 4 7 challenged victim DHS Referral 45 54 37 37 26 end up in the caseload of Domestic Violence (DV) 12 17 15 11 16 Detectives and DV No Crime 8 16 11 10 5 SRO's. Organized Retail Crime (ORC) Theft 7 4 5 2 8 Graffiti 37 2 10 13 7 IBHI - Transient I Total Dispatched Calls: 1822 Total Societal Calls: 1187 of monthly workload 65% # of Calls-BHI** 307 of Calls Transient 144 #of Calls Dispatched 366 #of Calls Self Initiated 18 127:52:34 (hr:min:sec) Total BHI/Transient calls 384 *Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the catego y"Societal"calls. The statistics above are based on officer inputs. **Note 2:An incident may be both BHI and Transient related. These figures are not additive. 4 AIS-4854 4. A. Workshop Meeting Meeting Date: 02/15/2022 Length (in minutes): Consent Item Agenda Title: Consider Amended Intergovernmental Agreement with Tigard-Tualatin School District Authored By: Shelby Rihala Presented By: City Attorney Rihala Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Authorize the City Manager to sign an amended intergovernmental agreement (IGA) with the Tigard-Tualatin School District (TTSD) to expand construction excise tax exemptions. ACTION REQUESTED Staff requests authorization for the City Manager to execute the amended IGA. BACKGROUND INFORMATION The City of Tigard currently has an IGA with TTSD for the collection of the District's construction excise tax (CET). TTSD is authorized to impose a CET to fund capital improvements to school facilities. The CET is collected by the City during the building permit process. Through this amendment,TTSD is requesting greater flexibility in exempting certain projects from payment of the CET. Section 4 of the IGA has been revised to include language that will exempt a party from paying the District's CET if that party has executed an agreement with the District that has been approved by the TTSD Board of Directors. The amendment also adds new statutory exemptions to Exhibit A. Finally, because the CET is administered by the District and only collected by the City, the amended IGA also clarifies that the District will indemnify the City for decisions related to the grant of a CET exemption. The TTSD Board of Directors will consider approving the amended IGA at its February 9, 2022 meeting. OPTIONS Council could reject the District's proposed amendments or propose additional changes,which would need TTSD Board approval. ADDITIONAL RESOURCES Attachments Agreement INTERGOVERNMENTAL AGREEMENT TO COLLECT AND REMIT CONSTRUCTION EXCISE TAX BETWEEN THE TIGARD-TUALATIN SCHOOL DISTRICT 23J AND THE CITY OF TIGARD This Intergovernmental Agreement is effective on the last date of signature below, and is by and between the Tigard-Tualatin School District School District, a school district organized under the laws of the state of Oregon ORS 330.005 ("School District"), and the City of Tigard, a political subdivision of the State of Oregon, collectively referred to as "Parties." WHEREAS, ORS 190.003 to 190.030 allows units of local government to enter into agreements for performance of any or all functions and activities which such units have authority to perform; and WHEREAS, Chapter 829, Oregon Laws 2007 (Senate Bill 1036), authorizes school districts, as defined in ORS 330.005, to impose construction excise taxes to fund capital improvements to school facilities; and WHEREAS, School District represents that it has prepared and adopted a long term facilities plan for capital improvements, as required by SB 1036, and WHEREAS, School District is contemplating imposing a construction excise tax within the School District and desires to enter into an intergovernmental agreement with City of Tigard to collect the tax prior to the adoption of a construction excise tax; and NOW THEREFORE, the Parties hereto agree as follows: 1. Information and Forms. School District shall create and provide to City of Tigard: (i) information, forms, and assistance explaining the School District Construction Excise Tax ("CET"); (ii) information and forms for CET exemptions; and (iii) any other forms or information necessary for implementation of the CET. 2. Staffing. City of Tigard shall provide sufficient staff to calculate and collect the School District CET as prescribed in this agreement along with its collection of other construction permit fees. School District shall provide sufficient staff to implement the CET program. 3. Collection; Start date. City of Tigard agrees to assess and collect the CET on behalf of School District for those properties within School District and within City of Tigard. City of Tigard shall begin collecting the District CET on March 1, 2008 after the District gives notice to the City of Tigard of the adoption of the CET, including a copy of District's resolution imposing the tax, or the effective date of the CET stated in the Resolution, whichever is later. City of Tigard shall collect the District CET until the CET expires or this agreement is terminated by either the School District or City of Tigard upon 60 days written notice. In the event the School District increases or otherwise Page 1 of 6—CET IGA—Rev 2/2022 City of Tigard& Tigard-Tualatin School District 4862-6239-4379.1 modifies the tax, it shall send written notice to the City of Tigard of the increase or other modification, including a copy of School District's resolution adopting the change. The City of Tigard shall collect the tax at the new rate within fifteen(15)business days after notice is received by the City of Tigard, or upon the effective date of the change stated in the School District Resolution,whichever is later. 4. Exemptions. School District shall provide City of Tigard with all forms necessary for CET exemptions, and any other forms or information necessary for implementation of the CET. If a Person or entity asserts that it is exempt from the CET and files a School District CET Exemption Form at the time the CET would otherwise be due, City of Tigard will grant the exemption if it appears to be a valid claim of exemption under the School District Resolution adopting the CET or this Agreement. It shall be School District's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the CET, as well as any other remedy School District may have under law, if the Person was not entitled to the exemption. Statutory exemptions to the CET are included in exhibit A to this agreement. Additionally, as the School District resolution adopting the CET imposes rates of tax that School District is authorized,but not required,to collect under Senate Bill 1036 (2007), School District may grant other exemptions to the CET as agreed upon between School District and an individual or entity if supported by an executed agreement with such individual or entity that has been approved by School District's Board of Directors. 5. Remittance. Following the effective date of this Agreement, City of Tigard shall remit the collected CET to School District on a quarterly basis, by the 30th of the month following the quarter's end. The CET remittance and the CET Report shall be sent to the School District, attention David Moore, at 6960 S.W. Sandburg Street, Tigard, Oregon 97223. 6. CET Reports. City of Tigard of Tigard shall prepare and submit to the School District a report of the CETs collected and building permits issued by the City of Tigard for the previous quarter's construction activities within the School District boundaries. The report shall include: the number of building permits issued that month; the aggregate square footage of residential construction; the aggregate square footage of non-residential construction; the number of building permits for which CET exemptions were given; the aggregate square footage of construction for the exempted construction; the aggregate amount of CET paid; and the amount of CET administrative fee retained by City of Tigard pursuant to this Agreement. 7. Failure to Pay CET. Construction Excise Taxes shall be paid by the person undertaking construction at the time that a permit authorizing the construction is issued. Upon a person's refusal to or failure to pay the CET when due,the City of Tigard will not issue the building permit. In no event shall the City of Tigard be liable for failure to collect CET when due. Page 2 of 6—CET IGA—Rev 2/2022 City of Tigard&Tigard-Tualatin School District 4862-6239-4379.1 8. Records. City of Tigard shall make all records related to building permit activity, CET collections, and CET exemptions available to School District, or its designated auditors, as necessary for School District to audit Construction Excise Tax collections. 9. Administrative Fee; Reimbursement of Additional Expenses. a. As consideration for the above described services, City of Tigard shall retain the full 1% of the CET collected by City of Tigard as authorized by Section 5 of Senate Bill 1036. Prior to remitting the CET to School District, City of Tigard shall deduct this administrative fee directly from the CET collected, and the amounts deducted and retained shall be identified on the report submitted to School District. City of Tigard shall establish a fund or account for School District CET revenue, and shall deposit all revenues collected, minus the administrative fee, into such fund or account. b. If the administrative fee does not cover the City of Tigard's actual cost of administering the CET, the City of Tigard may seek reimbursement from the School District for the difference between the City of Tigard's actual cost of administering the CET and the amount it has retained as the administrative fee. If the City of Tigard desires to be reimbursed for its actual cost, the City of Tigard shall submit a quarterly invoice requesting reimbursement of administrative expenses for the preceding three month period. The invoice shall itemize the City of Tigard's actual costs of administering the tax and the amount of the administrative fee it has retained for the same period. For the purposes of this section, "actual costs" are costs that are directly attributable to the collection and remittance of the CET, including staff time, cost of materials, and transaction fees assessed against the City of Tigard for accepting CET payment by credit card or other electronic means. The City of Tigard shall permit the School District access to any and all City of Tigard records in order to verify the City of Tigard's invoice. Except in the case of a good faith dispute, the District shall pay to the City of Tigard the difference between the City of Tigard's itemized actual cost of administering the tax and the amount the City of Tigard has retained as the administrative fee within Thirty (30) days of receipt of the City of Tigard's invoice. 10. Amendment. This Agreement may be amended by mutual written agreement of the Parties. 11. Other Agreements. This Agreement does not affect or alter any other agreements between School District and City of Tigard. 12. Defense and Indemnification. Subject to the limits of the Oregon Tort Claims Act, School District agrees to defend, indemnify and hold harmless the City of Tigard, its officers, agents and employees, against all claims and actions, and all damages and expenses related thereto, arising from the performance of this agreement, or relating to the subject of this agreement, except for those caused by the sole negligence of the City of Tigard or its officers and employees. The obligations of this paragraph shall include, but not be limited to: Page 3 of 6—CET IGA—Rev 2/2022 City of Tigard& Tigard-Tualatin School District 4862-6239-4379.1 a. challenge to the City of Tigard's collection or calculation of the CET on behalf of the School District; b. School District's grant of a CET exception; c. for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all acts or omissions of the School District in the performance of this Agreement or adoption of the CET; d. decisions of City of Tigard staff concerning the amount of any CET, including calculation of such tax and/or any exemption(s); or e. refusal or denial of any permit for failure to pay the School District CET. 13. School District and City of Tigard Contact Persons. School District and City of Tigard hereby designate the following persons as the individuals having primary responsibility for administration of this Agreement, and as the person designated to receive notice provided for herein. Either party may change its designated contact person by written notice to the other party. Tigard-Tualatin School District 23J City of Tigard Name: David Moore Name: Mark Van Domelen Title: Chief Financial Officer Title: Building Official Address: 6960 SW Sandburg St. Address: 13125 SW Hall Blvd Tigard, OR 97223 Tigard, OR 97223 Telephone: 503.431.4016 Telephone: 503.718.2448 Email: dmoore @ttsd.kl2.or.us Email: markv@tigard-or.gov 14. Notice. Whenever notice is required to be given under this Agreement, the notice shall be given in writing to the other party's contact person by US Mail, first class postage prepaid. In addition, notice may be given by email or personal delivery. 15. General Provisions. This Agreement is binding on and insures to the benefit of the parties and their successors and assigns. Except with the other party's prior written consent, a party may not assign any rights or delegate any duties under this Agreement. The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. This Agreement sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. A provision of this Agreement may be waived only by a written instrument executed by the party waiving compliance. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision. From time to time, each of the parties shall execute, acknowledge, and deliver any instruments or documents necessary to carry out the purposes of this Agreement. Time is of the essence for each and every provision of this Agreement. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties to this Agreement, any right or remedy of any nature whatsoever. Each party shall bear its own Page 4 of 6—CET IGA—Rev 2/2022 City of Tigard& Tigard-Tualatin School District 4862-6239-4379.1 expenses in connection with this Agreement and the transactions contemplated by this Agreement. This Agreement shall become effective upon the approval of School District's Board of Directors and the City of Tigard Council. Tigard-Tualatin School District 23J City of Tigard By: By: Title: Superintendent Title: City Manager Date: Date: By: Title: Board Chairman Date: Page 5 of 6—CET IGA—Rev 2/2022 City of Tigard& Tigard-Tualatin School District 4862-6239-4379.1 EXHIBIT A EXEMPTIONS The following improvements are exempt from the Construction excise tax by statute: 1. Private School Improvements 2. Public Improvements as defined in ORS 279A.010 3. Residential housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more that 80% of the median household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the residential housing. 4. Public or Private hospital improvements 5. Improvements to religious facilities primarily used for worship or education associated with worship. 6. Agricultural buildings as defined in ORS 455.315 (2)(a) 7. Facilities that are operated by a not-for-profit corporation and that are: (a) Long term care facilities, as defined in ORS 442.015; (b) Residential care facilities, as defined in ORS 443.400; or (c) Continuing care retirement communities, as defined in ORS 101.020. 8. Residential housing being constructed on a lot or parcel of land to replace residential housing on the lot or parcel of land that was destroyed or damaged by wildfire or another event or circumstance that is the basis for a state of emergency declared under ORS 401.165 or 401.309 or for the exercise of authority under ORS 476.510 to 476.610. Page 6 of 6—CET IGA—Rev 2/2022 City of Tigard&Tigard-Tualatin School District 4862-6239-4379.1 AIS-4794 5. Workshop Meeting Meeting Date: 02/15/2022 Length (in minutes): 45 Minutes Agenda Title: BRIEFING ON CITY FACILITIES CONSOLIDATION (CFC) Prepared For: Steve Rymer, Submitted By: Carol Krager, City Management Item Type: Update,Discussion, Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The council will hear an update regarding efforts to find a property for a new Public Works facility and will be asked to consider a different approach. ACTION REQUESTED Receive the briefing and provide direction. BACKGROUND INFORMATION The Public Works Department,in coordination with the City Facilities Consolidation (CFC) project,has been looking for property to relocate that operation for the last two years. Those efforts have been unsuccessful to date. The council has provided the project team with clear direction to find a property where a mutually-acceptable, traditional purchase and sale agreement arrangement can be achieved. Further, the council has expressed a desire for the City to own any new property and facility versus a long-term lease. The project team has investigated other ways of delivering a project like this and will speak with the council about the potential of a Public/Private Partnership (P3). The council will hear about the benefits and risks of a P3 and will hear about a recent successful project for Tualatin Valley Fire and Rescue (TVFR). Ultimately, the project team will seek the council's direction to move toward a P3 arrangement,which would begin with a Request for Proposals (RFP) and team selection process. OPTIONS The Council could reject the idea of using P3 and provide other direction to the project team. ADDITIONAL RESOURCES A Memo is attached. Attachments PW Project Update Memo ■ City of Tigard TIGARD Memorandum To: Mayor Snider and City Council From: Brian Rager, Public Works Director Re: Public Works Project -- Update Date: February 15, 2022 Background In late 2019, the City began work toward future facility planning and in time, the City Facilities Consolidation (CFC) concept was brought before the council for consideration. The council provided direction to the City team to continue work toward this concept. The project team recognized that a critical component for this concept to be successful was the need for Public Works to vacate its current location at 8777 SW Burnham Street, and relocate out of the Downtown area. Public Works hired an architect to develop a program, and a local real estate broker, Capacity Commercial Group (CCG), was enlisted to find suitable properties. Over the last several years, CCG has brought forward 18 to 20 different properties for consideration. Unfortunately, none were successful candidates for reasons ranging from size and configuration issues, access, environmental permitting issues, and other issues that could, to some degree, be resolved during the planning and design process. However, finding a willing seller hinders moving the project forward. The City Council provided clear direction to seek a property where the City and the owner could mutually agree to a traditional purchase and sale agreement. Further, the project team and the council considered one option that would have resulted in a "build to suit" arrangement with a long-term lease and no option to buy. The team received direction to continue pursuing options that result in City ownership. In summary, the project team has explored the common avenues of property acquisition and recommends it is time to consider a different approach. Public/Private Partnership After much consideration and because of project consultant team's vast experience in delivering these types of projects, the team suggested that a public/private partnership (P3) could be a viable solution. A recent positive experience of using a P3 is Tualatin Valley Fire and Rescue's (TVFR) quest to find a property and construct a new fleet and facilities operations center. The district searched for suitable parcels for several years but was unsuccessful. Ultimately, they chose a P3 approach that included property procurement, constructing the project, and delivering it to the district. The project was delivered in a timely fashion and is considered highly successful. The City project team had the opportunity to tour the facility with the TVFR project team last summer. A P3 can be structured in many ways; however, the overarching principle is that the client (the City) gains the knowledge, experience and resources available to a private company in how the project is delivered. Potential benefits to this approach are sharing risk or risk transfer, developing certainty on the price (Guaranteed Maximum Price),providing private financing options to act quickly, to name a few. There are risks that the public sector must accept as well; typical examples are revenue requirements and force majeure. Conclusion The City team believes the next best step for the Public Works part of the CFC project is to enter into a P3 arrangement that would include property acquisition in the scope. The first step in the process would be to issue a Request for Proposals (RFP). The project team will develop the scope of the RFP,which defines the City's needs, schedule, and expectations. The private sector then proposes its team based on interest, opportunity, and approach. Together with the City's team, they will work through all the critical points to develop a GMP and delivery date. Upon Council's direction, the team would begin work on scope development right away. Depending on the teaming approach, the City could benefit from the private sector teams' ability to offer alternate financing options for the project, fording parcels currently not on the market, and tapping existing relationships in the commercial and industrial sector. AIS-4860 6. Workshop Meeting Meeting Date: 02/15/2022 Length (in minutes): 10 Minutes Agenda Title: CONSIDER RESOLUTION TO WAIVE BUSINESS LICENSE LATE FEES FOR 2022 Presented By: Liz Lutz Item Type: Resolution Public Hearing Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE In order for the city to continue to offer financial relief during the COVID pandemic, the Finance Department is asking council to consider waiving the late fees for businesses that still owe for their business license.There are about 700 businesses that have not renewed their business license. Council waived late fees last year,but that waiver ended in December,2021. ACTION REQUESTED The Finance Department is requesting approval of the resolution as presented to waive the late fees for business who still owe their 2022 business license fees. BACKGROUND INFORMATION In continuing the Tigard City Council's direction to look at various ways of providing financial assistance to its residences and businesses through the COVID-19 pandemic, this option is to waive late fees associated with the city's business license program. All businesses in the city are required to register their businesses through the Tigard Business License process within the Finance Department. Requirements for business owners are set forth in Tigard Municipal Code (TMC) 5.04 and the majority of the revenue generated by the program supports the Commercial Crimes Unit of the Tigard Police Department. All businesses are required to have a valid business license and this resolution does not change that requirement. However, the city also recognizes the far-reaching economic impacts of COVID-19 on the community and that some businesses may be having difficulty making payments now. Business license fees are due annually by the end of the calendar year. Businesses are charged a 10% late fee after the first of the year. This proposal waives the addition of a 10%late fee through December 31,2022. Businesses are still required to pay their business license fees. Tigard has approximately 3,000 businesses with licenses currently. In a typical year, about 500 businesses are late with payment and receive a late notice. Typically,the late fee notice results in most businesses paying and only around 100 that require additional outreach. Currently, there are about 700 business that have not paid and are due to have a late fee assessed. The majority of businesses that have not paid their business license fee to date are smaller businesses of 1-5 employees. If council approves the waiver of late fees, a reminder notice will be mailed out;however,no late fee will be assessed. An insert will be included in the reminder notice informing the businesses of council's action to waive their late fee. The potential revenue loss for the city is approximately$13,000. This is a two percent reduction to our budgeted $751,000 in business license revenue. OPTIONS Council could choose to not approve this resolution or make additional amendments. ADDITIONAL RESOURCES Attachments Fee Waiver Resolution �_� ��a. AgendaQuick©2005-2022 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION WAIVING LA'Z'E FEES FOR CITY OF TIGARD BUSINESS LICENSES THROUGH DECEMBER 31,2022 WHEREAS,Tigard Municipal Code(TMC) Chapter 5.04 regulates business licenses in the City of Tigard;and WHEREAS, all persons directly or indirectly engaging in business in the City of Tigard are required to have a valid business license;and WHEREAS, the financial impacts of the COVID-19 emergency are being broadly felt across the Tigard community;and WHEREAS,the Tigard City Council seeks to identify ways in which it can provide financial assistance to those impacted by the pandemic,including by the deferral or waiver of certain fees;and WHEREAS, by waiving late fees accruing on or after January 1, 2022 for a renewal business license, the city hopes to provide some relief to its businesses while still maintaining the city's business license program. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City waives all late fees associated with an initial or renewal business license accruing as of January 1,2022 and continuing until December 31,2022. Notwithstanding,all businesses are required to pay the application or renewal fee and possess a valid business license,pursuant to TMC 5.04. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor-City of Tigard A 1TE,ST: City Recorder-City of Tigard RESOLUTION NO.22- Page 1