City Council Packet - 08/13/2024 ipl " City of Tigard1
TIGARD Tigard Business Meeting —Agenda
TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND AUGUST 13,2024-6:30 p.m. Business Meeting
TIME:
MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223- See
PUBLIC NOTICE below
PUBLIC NOTICE:In accordance with Oregon House Bill 2560,this will be a hybrid meeting where some Council,
staff or public will participate in person and some will participate remotely.
How to comment:
•Written public comment may be submitted electronically at www.tigard-or.gov/Comments by noon the day
before the meeting date.
•If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and
come to the microphone when your name is called.
•If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on
limiting your testimony to two minutes.
•You may comment by video through the Teams app. Learn how to participate by video at this link: August 13,
2024 Council Meeting
(https://www.tigard-or.gov/Home/Components/Calendar/Event/6413/372).
Upon request,the City will endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers,it is important to allow as much lead time as
possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:
503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast
CABLE VIEWERS:The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd&
4th Tuesdays) at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m.
1111 City of Tigard
Tigard Business Meeting —Agenda
TIGARD
TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD MEETING
MEETING DATE AND TIME: AUGUST 13,2024- 6:30 p.m. Business Meeting
MEETING LOCATION: Hybrid-City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223
6:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Call to Council and Staff for Non-Agenda Items
2. PUBLIC COMMENT
A. Follow-up to Previous Public Comment
B. Tigard Area Chamber of Commerce Update
C. Police Chief/Police Department Update
D. Public Comment—Written
E. Public Comment—In Person
F. Public Comment—Phone-In
G. Public Comment—Video
3. CITY MANAGER REPORT 6:45 p.m. estimated time
4. CONSENT AGENDA: (City Council and Local Contract Review Board)The Consent Agenda is used for
routine items including approval of meeting minutes,contracts or intergovernmental agreements.
Information on each item is available on the city's website in the packet for this meeting.These 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. COOK PARK BOARDING DOCK REPLACEMENT
B. SW FREWING COURT IMPROVEMENTS
C. STREET STRIPING SERVICES ANNUAL AND ON-CALL WORK
D. PROSECUTORIAL ATTORNEY SERVICES
•Consent A2enda-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. LEGISLATIVE PUBLIC HEARING:COURT OF RECORDS ORDINANCE
7:00 p.m. estimated time
6. REVIEW AND DISCUSS COMMUNITY FEEDBACK ON THE JULY 4 DRONE SHOW
7:15 p.m. estimated time
7. NON-AGENDA ITEMS
8. 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.
9. ADJOURNMENT 7:35 p.m. estimated time
SUPPLEMENTAL PACKET
FOR At /32
(DATE OF MEETING)
Tigard Chamber of Commerce City Council Update
August 2024
Leadership Tigard
Only a few spots remain for the Leadership Tigard Class of 2025 Cohort.We would encourage any Councilors,those
running,and those who are invested in betterment of the future of the City of Tigard,our community, non-profits and
businesses to apply. We have a new pamphlet available on our website and in print at the Chamber Office. If you
have interest in registering for the Class of 2025 please register via our website under Leadership Tigard to secure
your spot. If you have graduated from the program, please help us fill these final spots.
Education,Advocacy, & Building a Strong Local Economy
• Our Government Affairs& Public Policy Committee has moved to an online format to be more accessible to a wider
range of businesses and non-profits. We are currently running our Candidate Endorsement process.Applications
for endorsement are now closed.
• State of Business: Building and Sustaining a Thriving Workforce Presented by Umpqua Bank will be held
September 25th 9am—1:30pm at Broadway Rose Theatre Company. We have two Speakers from the State and
WorkSource,and a robust business panel for a lively Q&A regarding workforce sustainability, and an Expo with
booths of both members and non-members who can assist you and/or your business with workforce and
continuing education needs.We will have exciting door prizes and swag for all who attend,this is an event you
won't want to miss to kick start getting back to business after summer ends.
Promoting Community
The Tigard Farmers Market is in full swing Sundays 9:00am—1:30pm at Universal Plaza in Downtown Tigard off of
Burnham.
We are having 50+attendees weekly at our Good Morning Tigard Events. Check the Chamber Calendar for times that might
work well for you to attend and support local business.
Networking/Visibility(Check the Chamber Calendar for details)
Good Morning Tigard(GMT),Thursday A.M. Networking 7:30 a.m.—Weekly
Save the Dates
Explore Downtown Tigard Ribbon Cutting of Main Street August 22"d 9am
After Hours Hosted By Harvest Moon Sangria Bar August 27th 5pm-7pm
Community Warehouse Ribbon Cutting September 14th 11am
Membership Orientation September 18th 5:30pm-6:30pm
Tigard Chamber State of Business will be held September 25th 9am—1:30pm
Please follow the Tigard Chamber on Linkedln, Instagram, and Facebook for the most up to date
information on what is going on at the Chamber in real time and all our events!
SUPPLEMENTAL PACKET
FOR , Uf /3,. P a GD L/
(DATE CIF MEETING)
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1 , Tigard PD Strategic Dashboard
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pOLIC ', July
For F2024
; l Y�
* ..„�K� �, 2021 Population Estimate 55,854 (Adopted Budget FY 2024-25)
r/
Small numbers cause larae percenraae increases and decreases. Crime Snapshot
Selected Group A Offenses Jul-23 Ju1-24 % Chg 2023 YTD 2024 YTD %Chg
Person Crime 46 36 -21.74% 291 316 0 8.59%
Assault 38 28• -26.32% 241 242• 0.41%
Robbery 4 5 0 25.00% 26 40 0 53.85%
Domestic Violence 12 9• -25.00% 102 74 0 -27.45%
Property Crime 223 237• 6.28% 1516 1619 0 6.79%
Burglary-Residential 9 8 0 -11.11% 41 30 0 -26.83%
Burglary-Business 6 1 0 -83.33% 31 36 0 16.13%
Burglary-Other 8 3 0 -62.50% 63 45 0 -28.57%
Unauthorized Use of Motor Vehicle 15 8 0 -46.67% 141 80 i -43.26%
Theft 103 139 0 34.95% 770 871 0 13.12%
Organized Retail Theft 12 41 0 241.67% 56 235 0 319.64%
Vandalism 41 49 0 19.51% 250 322 0 28.80%
Graffiti 10 12 0 20.00% 71 126 0 77.46%
Societal Crimes And Calls 63 93 0 47.62% 398 480 0 20.60%
DUII 12 14 0 16.67% 62 86 0 38.71%
Drug Offense 3 4 0 33.33% 23 19 0 -17.39%
Disorderly Conduct 14 8 0 -42.86% 55 42 0 -23.64%
Police Officer Holds 10 9 0 -10.00% 36 38 0 5.56%
DHS Referrals 37 36 0 -2.70% 340 332 0 -2.35%
Arrests 101 162 0 60.40% 779 912 5 17.07%
Felony 9 20 0 122.22% 118 133• 12.71%
Misdemeanor 22 33+ 50.00% 182 199 0 9.34%
Citation To Appear 23 42! 82.61% 155 246 0 58.71%
Warrants 47 67 0 42.55% 324 334 0 3.09%
Calls for Service Jul-23 Jul-24 %Chg 2023 YTD 2024 YTD % Chg
Dispatched Calls 1876 2127 0 13.38% 12451 12825 0 3.00%
Self Initiated Calls 1322 1415 0 7.03% 8457 9814 0 16.05%
Online Crime Reports 61 103 68.85% 554 657 18.59%
Response Time Jul-23 Jul-24 % Chg 2023 YTD 2024 YTD % Chg
Priority 1 &2 6.22 6.82 9.65% 6.13 6.43 0 4.89%
Priority 3 10.02 10.42 0 3.99% 10.93 10.07• -7.87%
Priority 4 + 11.97 9.6 0 -19.80% 11.00 9.48• -13.82%
*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,DUII,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:haps://www.fbi.gov/services/cjis/ucr/nibrs
1
`''�`' `n *,, Tigard PD Strategic Dashboard
I" �;' For July 2024
Jy, I' �� 2021 Population Estimate 55,854 (Adopted Budget FY 2024-25)
Employee Snapshot
Department Staffing Information Actual Budget % Budget
Sworn 68.0 77.0 88%
Non-Sworn 17.0 19.5 87%
Total Number of Personnel 85.0 96.5 88%
'Patrol Staffing Authorized 43 I
Days Swings Graves Overall
#of Shifts at or below Minimums 9 29% 13 42% 14 45% 39%
#of Shifts conducted with 5 or more Days Swings Graves Overall
patrol officers 16 52% 18 58 10% 32 47%
Personnel Unavailable for Work Patrol All Other Overall
# of Recruits in Pre-Academy -
# of Recruits in Academy 1 1
# of Recruits in Recruit Training 2 2
# of Personnel on Extended Sick Leave /FMLA -
# of Personnel on Military Leave 1 1
# of Personnel on Modified Duty* 7 7
# of Personnel on Administrative Leave - - -
Total Personnel Unavailable to Work during some Period during the Month 11 - 11
Total Officers Available to work PATROL some period during the Month 32
*Modified Duty=any modified work schedule to accommodate light duty,workers comp,or LWOP
Operational Effectiveness Snapshot
Budget Information is based on the best available data. FY 2023-24 FY 2024-25
Budget Budget
**September actuals are incomplete due to software migration** Percent YTD Status Percent YTD Status
Department Budget Actual Budgeted Actual Budgeted
`
Administrative 8% 8%® -1% 5% 8% -3%
Operations 6% 8%• -2% 7% 8% -1%
Services 9% 8% • 1% 9% 8% • 1%
Total Department Budget 7% 8%4 -1% 7% 8% • -1%
Budget Information is based on the best available data. FY 2023-24 FY 2024-25
Budget Budget
**September actuals are incomplete due to software migration** Percent YTD Percent YTD
Status Status
Department Overtime Actual Budgeted Actual Budgeted
Administrative 3% 8%0 -5% 10% 8% • 2%
Operations 9% 8% • 1% 9% 8% • 1%
Services 4% 8% -5% 8% 8% • 0%
Total Overtime 7% 8%40 -2% 9% 8% • 1%
2
''"`'`"''' Tigard PD Strategic Dashboard
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For July 2024
s� �;Hl«, 2021 Population Estimate 55,854 (Adopted Budget FY 2024-25)
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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 1.0 2.0 50%
Total Number of Personnel 9.0 11.0 82%
Emergency Response Times - 5 Year Trend1.111111111 all
PRIORITY 1 & 2 CALLS
Priority 1 calls=
682 ` Imminent threat to life
5 67
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5 22
5 9/ Priority 2 calls= Immediate threat to
life,occuring now
_.. Community Snapshot
Community Outreach and Events News Releases (7) Upcoming Events
(7/1 &10&20)Popsicles with Police New Police Chief,City (8/6)National Night Out
(7/8)Law Enforcement Torch Run-Special Councilor to be Sworn In (8/15) PD Hosts Good Morning Tigard
Olympics Upcoming Traffic Safety Enforcements (8/17) I Can Do This child safety class
(7/11 &18)Good Morning Tigard Man Arrested in Stabbing Investigation (8/21)Popsicles with Police
(7/17)Committee for Community Engagement Stabbing Investigation Underway (8/25)Family Fun Night @ Mannahouse Church
meeting Results of Recent DUII Enforcement (8/28)CPO 4M Meeting
(7/19) Community Preparedness Fair Armed Carjacking Leads to Two Arrests (9/21) PD Open House
(7/20)Ladybug Run Suspect Arrested After Stabbing Man
(7/26)Night Market
Red Light- Began Issuing 03/11/20 Month of: Sep 2024 YTD 2023 2024 Yr to Yr
Received Issued Rejected Issued Issued %Chg
99W/SW Hall Blvd 175 147 28 1700 960 -44%
99W/SW 72nd Ave 197 126 71 682 527 -23%
99W/SW Durham Rd 53 47 6 128 192 50%
Intersection Speed - Began Issuing 1,z.' Month of: Sep 2024 YTD 2023 2024 Yr to Yr
Received Issued Rejected Issued Issued %Chg
99W/SW Hall Blvd 172 121 51 863 424 -51%
99W/SW 72nd Ave 613 424 89 3954 1984 -50%
3
'N'a,k"'''' Tigard PD Strategic Dashboard
'POLICE
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Calls For Service - By Month: 5 Year `` = -
JULY DISPATCHED CALLS JULY SELF INITIATED CALLS
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/2091 I 1061 1085"��
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SUPPLEMENTAL PACKET
FOR1111 q Akus/ /3,�ay
(DATE OF MEETING)
Written Public Comment
for the August 13, 2024
Tigard City Council meeting
Topic:
1. Marti Willis Safe Lots
2. Susan Purfield
3. Darrick Purfield
4. Miles Benedict Sewer Bill
5. Suzan Campbell Safe Lots
6. Lindsey Voorhees
7. Sara Kammerer
8. Carine Badrane
9. Jan and John Gould
10. Dagny Abel
11. Alexi Reeve
12. Dale Sykes
13. Chris Dunn
14. Anna Murphy
15. Grace Kelso
Jesse Raymundo
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,July 29, 2024 3:00 PM
To: Carol Krager; Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3368936
IP Address: 50.54.155.156
Submission Date: 07/29/2024 2:59
Survey Time: 23 minutes,2 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Marti Willis
Email
Complete Address
15285 SW Bull Mountain Rd
Tigard,Oregon 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Homeless Encampment/Safe Park program at Christ the King Lutheran Church on Bull Mountain Rd
Comments
Once again, I would like to stress my opposition to any homeless/safe park encampment program initiated at Christ the King
Lutheran Church at the bottom of Bull Mountain Rd in Tigard.After seeing the homeless situation that has surrounded the Portland
Metro area,especially over the last 4 years, it is obvious how hard it is the eliminate the homeless situation in our cities once they
are established. By bringing it into Tigard willfully,we are only opening the doors to a widespread situation that will only grow if it is
given the green light go ahead.This is not something we want in our community. Looking at the safety of our community and our
children going forward.We do not want it to turn into the same situation that has evolved in Portland.We don't have a major
problem in Tigard now,so why open the door to start something we don't want or need.Those of us who moved to Tigard and the
Bull Mountain area, did so for a comfortable and safe community. I recently saw a commercial running during the Olympics by
Hillshire Realty Group. It encourages buyers to purchase homes on Bull Mountain and stresses the safety and community feeling of
these new areas. How can me sell homes to people that want to feel comfortable and safe,when we are encouraging a homeless
situation be presented in our area.While I do have sympathy for those in homeless situations,and I know that not every situation.is
the same,there has got to be locations outside our residential areas where we c a located these camps.Away from residential areas,
and schools. Please reconsider this proposal and eliminate the concern that the general population of Tigard has surrounding it.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
Jesse Raymundo
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,July 29, 2024 12:12 AM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3366664
IP Address: 50.38.48.89
Submission Date: 07/29/2024 12:12
Survey Time: 1 minute,43 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Susan Purfield
Email
Complete Address
14535 Sw Mcfarland Blvd
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe parking
Comments
Dear City Council Elected Officials,Thank you to the City for agreeing to pilot the safe parking program on City property.We asked
for this reasonable first step,and you listened. We remain concerned about the following: No publicly available data is currently
identified to measure this program's impact. Data should include the before/after program implementation:#of police calls in the
surrounding area, and count of homeless individuals surrounding the pilot site.Success criteria not tied to goals.We have been told
"success" is currently measured by the number of participants who exit the program.There is no evidence this criteria will achieve
Council's goal of reducing the Tigard homeless population. Lack of enforcement strategies.There should be procedures for law
enforcement and community members to follow for the surrounding neighborhood if it should "spread"outside the program.
Currently,Tigard police have no authority to restrict vehicles from accumulating nearby. Location criteria identified &tied to public
funding.Commercial and public locations are best suited for this program,instead of sites with preschools, near homes,schools,or
near a dispensary or liquor store.We support the Council's 2023-2025 goal of reducing homelessness in Tigard,including the
commitment to performance metrics referenced on page 12.We share the concerns expressed by Council (June 11, 2024)that
added shelter capacity will increase the Tigard homeless population.Just Compassion expressed that their current projects do not
solely serve a local population. In fact,they shared the story of an individual traveling from New Mexico to get services.This does
not align with Council's goal to reduce homelessness in Tigard, nor does it demonstrate responsible stewardship of our taxpayer
dollars.We are asking that Council address these concerns above before launching the pilot site.Thank you for considering this
public comment.
Attachment Supporting Documents/Images
1
Jesse Raymundo
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,July 29, 2024 12:16 AM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3366666
IP Address: 50.38.48.89
Submission Date: 07/29/2024 12:15
Survey Time: 2 minutes,48 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Darrick Purfield
Email
Complete Address
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe parking
Comments
Dear City Council Elected Officials,Thank you to the City for agreeing to pilot the safe parking program on City property.We asked
for this reasonable first step,and you listened.We remain concerned about the following: No publicly available data is currently
identified to measure this program's impact. Data should include the before/after program implementation:#of police calls in the
surrounding area,and count of homeless individuals surrounding the pilot site.Success criteria not tied to goals.We have been told
"success" is currently measured by the number of participants who exit the program.There is no evidence this criteria will achieve
Council's goal of reducing the Tigard homeless population. Lack of enforcement strategies.There should be procedures for law
enforcement and community members to follow for the surrounding neighborhood if it should "spread"outside the program.
Currently,Tigard police have no authority to restrict vehicles from accumulating nearby. Location criteria identified &tied to public
funding.Commercial and public locations are best suited for this program,instead of sites with preschools,near homes,schools,or
near a dispensary or liquor store.We support the Council's 2023-2025 goal of reducing homelessness in Tigard,including the
commitment to performance metrics referenced on page 12.We share the concerns expressed by Council(June 11, 2024)that
added shelter capacity will increase the Tigard homeless population.Just Compassion expressed that their current projects do not
solely serve a local population. In fact,they shared the story of an individual traveling from New Mexico to get services.This does
not align with Council's goal to reduce homelessness in Tigard, nor does it demonstrate responsible stewardship of our taxpayer
dollars.We are asking that Council address these concerns above before launching the pilot site.Thank you for considering this
public comment.
Attachment Supporting Documents/Images
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Tuesday, August 6, 2024 6:13 PM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3388870
IP Address: 50.53.225.87
Submission Date: 08/06/2024 6:12
Survey Time: 1 minute,52 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
MILES BENEDICT
Email
Complete Address
11375 SW 90TH AVE
TIGARD,OR 97223
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Bill
Comments
$94.00 a month sewer bill?This is highway robbery.Can't afford to go to the bathroom anymore
Attachment Supporting Documents/Images
Thank you,
City of Tigard
This is an automated message generated by Granicus.Please do not reply directly to this email.
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1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Saturday, August 10, 2024 12:31 PM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3397299
IP Address: 73.25.238.210
Submission Date: 08/10/2024 12:30
Survey Time: 14 minutes,46 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Suzan Campbell
Email
Complete Address
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
safe space
Comments
I continue to be very concerned about safety and livability of neighborhoods. I most definitely support helping the unhoused but
without 24 hour security and monitoring the sanitary facilities the Safe Space sites are in very real peril of becoming dangerous due
to influx of other homeless,crime,violence, drug use, etc. I am very interested in the criteria you have established for where these
sites should be located. Not near children's facilities and daycares, not in neighborhoods, not near children's school bus stops, not
near marajuana stores, etc. Can you please provide that criteria in a public forum so the community can access it?I am also deeply
concerned about the vandalism and destruction of signage on private property which violates no ordinances. It seems to me to be a
clear effort to silence free speech and it absolutely must not be tolerated. I also urge you to look at Safe Space sites already in place
in other cities and their responsiveness or lack of it to community concerns because I think there are real issues with both. Please
place these sites on public property and not in neighborhoods. I look forward to learning how I can access your criteria for where
these sites will be placed going forward.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
This is an automated message generated by Granicus.Please do not reply directly to this email.
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1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Sunday, August 11, 2024 5:23 PM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3398583
IP Address: 73.96.138.219
Submission Date: 08/11/2024 5:23
Survey Time: 4 minutes,50 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Lindsey Voorhees
Email
Complete Address
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Homelessness
Comments
Please prioritize maintaining safety and livability as homeless programs and projects are being considered.Safe Parking: 1)Create
location criteria tied to City funding. Prioritize commercial or public property. Private locations should not be near spaces children
frequent like preschools,TTSD bus stops, or in-home daycares.Co-location services to serve those at risk is simply not safe for
children. 2) We want to see relevant data and metrics for each new project.This includes metrics to measure program effectiveness
as well as any impact new projects have on the neighborhood.This data should be planned ahead of time and publicly available.3)
Ensure a plan for program rule enforcement. Citizens should know who to call if they have concerns about a homeless project that
may not rise to the level of a 911 call. Ensure the community feels empowered to report anything they feel impacts livability or
safety.Thank you for your consideration.Together,we can address homelessness in Tigard WITHOUT compromising safety or
livability.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
This is an automated message generated by Granicus. Please do not reply directly to this email.
1111.
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Sunday, August 11, 2024 5:41 PM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3398599
IP Address: 50.53.227.0
Submission Date: 08/11/2024 5:40
Survey Time: 2 minutes,24 seconds
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Name
Sara Kammerer
Email
Complete Address
14412 SW 130th Ave
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe parking project
Comments
Dear City Council Elected Officials,Thank you to the City for agreeing to pilot the Safe Parking program on City property.We remain
concerned about the following: No publicly available data is currently identified to measure this program's impact. Data should
include before/after program implementation to measure program success as well as impact to the surrounding neighborhood.
Success criteria not tied to goals.We have been told "success" is currently measured by the number of participants who exit the
program.There is no evidence this criteria will achieve Council's goal of reducing the Tigard homeless population. Lack of
enforcement strategies.There should be procedures for law enforcement and community members to follow if/when safety or
livability are impacted by this program. Currently,Tigard police have no authority to restrict vehicles from accumulating nearby and
little can be done to prevent other nuisances if they don't rise to the level of a crime. Location criteria identified&tied to public
funding.Commercial and public locations are best suited for this program, instead of sites near preschools, private homes,
apartments,schools,or near a dispensary or liquor store.Why have commercial properties not been considered or approached?We
support the Council's goal to reduce homelessness in Tigard.We also insist that the approaches taken be well thought out and
executed in a way that won't impact livability and community safety.We are asking that Council address the above concerns
directly, before launching the pilot site this fall. I moved to Tigard because it was a safe place.You need to start considering the
thoughts of those that live here.Thank you for considering this public comment.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Sunday,August 11, 2024 5:44 PM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3398603
IP Address: 50.38.36.225
Submission Date: 08/11/2024 5:43
Survey Time: 1 minute,38 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Carine Badrane
Email
Complete Address
14455 SW 134th Dr
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe parking
Comments
Thank you to the City for agreeing to pilot the Safe Parking program on City property.We remain concerned about the following:No
publicly available data is currently identified to measure this program's impact. Data should include before/after program
implementation to measure program success as well as impact to the surrounding neighborhood.Success criteria not tied to goals.
We have been told "success" is currently measured by the number of participants who exit the program.There is no evidence this
criteria will achieve Council's goal of reducing the Tigard homeless population. Lack of enforcement strategies.There should be
procedures for law enforcement and community members to follow if/when safety or livability are impacted by this program.
Currently,Tigard police have no authority to restrict vehicles from accumulating nearby and little can be done to prevent other
nuisances if they don't rise to the level of a crime. Location criteria identified &tied to public funding.Commercial and public
locations are best suited for this program,instead of sites near preschools, private homes,apartments,schools,or near a dispensary
or liquor store.Why have commercial properties not been considered or approached?We support the Council's goal to reduce
homelessness in Tigard.We also insist that the approaches taken be well thought out and executed in a way that won't impact
livability and community safety.We are asking that Council address the above concerns directly, before launching the pilot site this
fall.Thank you for considering this public comment.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Sunday,August 11, 2024 6:07 PM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3398626
IP Address: 24.154.240.222
Submission Date: 08/11/2024 6:07
Survey Time: 18 minutes,53 seconds
You have a new online form submission.
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Name
Jan and John Gould
Email
Complete Address
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe Parking program
Comments
We have lived in the Bull Mountain community for 18 years. We have seen our property value rise,thus we pay quite a bit in taxes
which contribute to supporting the city of Tigard.Safe Parking program needs to be positioned in locations that do not impede on
healthy,thriving neighborhoods.Thriving,growing, healthy neighborhoods is what any city should want for their city. Because of
how we have shaped the livability of the Bull Mountain area it has provided a reputation of excellence for the city of Tigard.We as a
community want to maintain the reputation and livability of our area. Homeless programs need to be conducted in areas that do not
encroach on neighborhoods. Doing so altars neighborhoods without the will of the people in full agreement.A good neighbor rule
needs to be employed—which would require a vote of the people. But honestly,for such a program, it needs to be away from
schools,school bus stops, apartment buildings,and residential areas.Tigard is large enough to be able to test such a program in
areas not near residential areas. Please be listening to your constituents who support Tigard and want its reputation upheld.Thank
you.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
This is an automated message generated by Granicus.Please do not reply directly to this email.
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Sunday, August 11, 2024 8:46 PM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3398793
IP Address: 73.25.133.125
Submission Date: 08/11/2024 8:45
Survey Time: 12 minutes, 19 seconds
You have a new online form submission.
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Name
Dagny Abel
Email
Complete Address
11982 SW Viewcrest Court
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Homeless overnight parking
Comments
Dear Tigard City Council members, I just wanted to say thank you for listening to the members of the community and all of our
concerns with the homeless parking situation.We are very appreciative to the fact that it will be a trial run on city property. It is still
a huge concern where it continues to go after that, but it is becoming more apparent that we can all work together and finding a
solution that will work for everyone.A suggestion that was made during one of our discussions was to create a task force group,a
group of a few volunteers that have time to research potential sites for the program.There could be defined parameters(created by
the city and council),then only sites that fall within those parameters are looked at and researched,then potential ones are
presented to the city and city Council.There are a lot of people willing to volunteer their time in the community, let's continue to
support each other the best we can! Best regards, Dagny Abel
Attachment Supporting Documents/Images
Thank you,
City of Tigard
This is an automated message generated by Granicus.Please do not reply directly to this email.
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Sunday, August 11, 2024 10:20 PM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3398843
IP Address: 73.37.31.48
Submission Date: 08/11/2024 10:19
Survey Time: 1 minute, 6 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Alexi Reeve
Email
Complete Address
14671 SW Pinot Ct
Portland,OR 97224
Which agenda item or topic are you commenting on?(Comments are due by Monday at noon)
Safe parking and homelessness
Comments
Dear City Council Elected Officials,Thank you to the City for agreeing to pilot the Safe Parking program on City property.We remain
concerned about the following: No publicly available data is currently identified to measure this program's impact. Data should
include before/after program implementation to measure program success as well as impact to the surrounding neighborhood.
Success criteria not tied to goals.We have been told "success"is currently measured by the number of participants who exit the
program.There is no evidence this criteria will achieve Council's goal of reducing the Tigard homeless population. Lack of
enforcement strategies.There should be procedures for law enforcement and community members to follow if/when safety or
livability are impacted by this program.Currently,Tigard police have no authority to restrict vehicles from accumulating nearby and
little can be done to prevent other nuisances if they don't rise to the level of a crime. Location criteria identified &tied to public
funding.Commercial and public locations are best suited for this program, instead of sites near preschools, private homes,
apartments,schools,or near a dispensary or liquor store.Why have commercial properties not been considered or approached?We
support the Council's goal to reduce homelessness in Tigard.We also insist that the approaches taken be well thought out and
executed in a way that won't impact livability and community safety.We are asking that Council address the above concerns
directly, before launching the pilot site this fall.Thank you for considering this public comment.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,August 12, 2024 7:04 AM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3399132
IP Address: 13.57.58.218
Submission Date: 08/12/2024 7:04
Survey Time: 20 minutes,57 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
dale sykes
Email
Complete Address
12356 SW 132ND COURT
TIGARD,Oregon 97223
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Homeless crisis in Tigard
Comments
To our Elected Officials,Safe Parking programs on City property is a better 1st step than at sites like Christ the King on Bull
Mountain,who continue to flaunt their disrespect to the community by allowing homeless camping currently on their campus.
Thank you for this more proper siting of this problem.Tigard currently counts 19 homeless car campers,yet we are willing to spend
and waste$120,000 on siting 3 campers at a time per site,which originally we were told would be$100,000 per site, a 20%increase
in cost since the beginning of the year.Tax payers have community upkeep and repairs that this money would be better spent on. I
know this money comes from pots of"allocated funds from other sources", but I think the City should work on getting more monies
for taking c are of its taxpayers from any and all available US Government funds that are currently available, not seeking and using
funds to promote homelessness in Tigard.This is a waste of tax dollars,which are so limited to begin with. Our neighbor,Tualatin,is
a beautiful City,with next to no homeless issues flaunting themselves to their community. Our City could be beautiful once again,if
we just mimicked what is working in Tualatin.Our neighbor outclasses us in every way sadly,and it did not used to be this way, and
it can be reversed with the proper courage and direction. Please help us make Tigard beautiful again, end support for homeless
people,so they stop coming to our City,we do not want or deserve them.Thanks,and please be resolute in solving this problem for
all Tigard residents, not transients who are mostly not Tigard citizens,who are attracted to our City because of our policies and
laxness in enforcing the laws of the land.The Supreme Court just gave you the power to clean this mess up, please use it like Gov.
Newsom of California. Dale Sykes
Attachment Supporting Documents/Images
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,August 12, 2024 8:33 AM
To: Carol Krager;Jesse Raymundo;Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3399423
IP Address: 50.126.66.188
Submission Date: 08/12/2024 8:33
Survey Time: 1 minute,39 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Chris Dunn
Email
Complete Address
15295 SW Bull Mountain Rd
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe Parking Program
Comments
See attached comments
Attachment Supporting Documents/Images
Dear City Council Elected Officials.doc
Thank you,
City of Tigard
This is an automated message generated by Granicus.Please do not reply directly to this email.
X
1
Dear City Council Elected Officials,
Thank you to the City for agreeing to pilot the Safe Parking program on City
property. We remain concerned about the following:
• No publicly available data is currently identified to measure this program's
impact. Data should include before/after program implementation to measure
program success as well as impact to the surrounding neighborhood.
• Success criteria not tied to goals. We have been told "success" is currently
measured by the number of participants who exit the program. There is no
evidence this criteria will achieve Council's goal of reducing the Tigard
homeless population.
• Lack of enforcement strategies. There should be procedures for law
enforcement and community members to follow if/when safety or livability are
impacted by this program. Currently, Tigard police have no authority to
restrict vehicles from accumulating nearby and little can be done to prevent
other nuisances if they don't rise to the level of a crime.
• Location criteria identified & tied to public funding. Commercial and public
locations are best suited for this program, instead of sites near preschools,
private homes, apartments, schools, or near a dispensary or liquor store. Why
have commercial properties not been considered or approached?
• We support the Council's goal to reduce homelessness in Tigard. We also
insist that the approaches taken be well thought out and executed in a way
that won't impact livability and community safety. We are asking that Council
address the above concerns directly, before launching the pilot site this fall.
Thank you for considering this public comment.
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,August 12, 2024 9:19 AM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3399622
IP Address: 50.54.146.103
Submission Date: 08/12/2024 9:19
Survey Time: 15 minutes,55 seconds
You have a new online form submission.
Note:all answers displaying"*****" are marked as sensitive and must be viewed after your login.
Name
Anna Murphy
Email
Complete Address
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Safe Parking Program
Comments
Dear City Council Elected Officials,Thank you to the City for agreeing to pilot the Safe Parking program on City property. I remain
concerned about the following: 1. No publicly available data is currently identified to measure this program's impact. Data should
include before/after program implementation metrics to measure impact to the surrounding neighborhood.This should include
police calls to the property the site is located and a radius surrounding it. 2.Success criteria are not tied to Council's goals. "Success"
is currently measured by the number of participants who exit the program into housing or other shelter programs.There is no
evidence this criteria will achieve Council's goal of reducing homelessness in Tigard.There needs to be baseline data of the Tigard
homeless population that is tracked yearly to measure the program's impact to the total number of homeless people in Tigard.3.
Lack of enforcement strategies. Currently,Tigard police have no authority to restrict vehicles from accumulating nearby and little
can be done to prevent other nuisances if they don't rise to the level of a crime. I understand the calls to the site are tracked, but
proactive steps should be taken for the surrounding neighborhood.4. Location criteria identified &tied to city-funding.Commercial
and public property are best suited for this program, not sites near schools and neighborhoods. I support the Council's goal to
reduce homelessness in Tigard. I also request that proactive,well thought approaches be taken and executed in a way that
maintains safety and livability.The City should address the above concerns directly before launching the pilot site this fall.Thank you
for considering this public comment.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Monday,August 12, 2024 11:12 AM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* City Council Public Comment Form
City Council Public Comment Form
Submission#: 3400107
IP Address: 173.164.123.133
Submission Date: 08/12/2024 11:12
Survey Time: 1 minute, 10 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Grace Kelso
Email
Complete Address
14430 SW 128th PI
Tigard,OR 97224
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Homelessness Reduction Plan for Tigard/Safe Parking
Comments
Dear City Council Elected Officials,Thank you to the City for agreeing to pilot the Safe Parking program on City property.We remain
concerned about the following: No publicly available data is currently identified to measure this program's impact. Data should
include before/after program implementation to measure program success as well as impact to the surrounding neighborhood.
Success criteria not tied to goals.We have been told "success" is currently measured by the number of participants who exit the
program.There is no evidence this criteria will achieve Council's goal of reducing the Tigard homeless population. Lack of
enforcement strategies.There should be procedures for law enforcement and community members to follow if/when safety or
livability are impacted by this program. Currently,Tigard police have no authority to restrict vehicles from accumulating nearby and
little can be done to prevent other nuisances if they don't rise to the level of a crime. Location criteria identified &tied to public
funding. Commercial and public locations are best suited for this program,instead of sites near preschools, private homes,
apartments,schools, or near a dispensary or liquor store.Why have commercial properties not been considered or approached?We
support the Council's goal to reduce homelessness in Tigard.We also insist that the approaches taken be well thought out and
executed in a way that won't impact livability and community safety.We are asking that Council address the above concerns
directly, before launching the pilot site this fall.Thank you for considering this public comment.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
AGENDA ITEM NO. 2.E. - PUBLIC COMMENT DATE: August 13, 2024
(Limited to 2 minutes or less,please)
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written
and oral testimony becomes part of the public record.The names and cities of persons who attend or participate in City
of Tigard public meetings will be included in the meeting minutes,which is a public record. Please review the"Tigard
City Council Protocol for Public Comment."
NAME & CITY YOU LIVE IN TOPIC
Please Print
Name _ `S )h4 6Goc, huv< City d' Vim- cP ,'
Please spell your name as it sounds if it will help the pres g officer fi5 (ez_
pronounce:
1'11 '5. fi
Optional: If you want a response from staff,please leave your
contact information: Check one:
Phone or email \.3 o J1 c Li 4 €c 4 e r �,"n S • For D Against ❑ Neutral.
Name City
Please spell your name as it sounds if it will help the presiding officer
pronounce:
Optional: If you want a response from staff,please leave your
contact information:
Check one:
Phone or email For ❑ Against ❑ Neutral D
Name City
Please spell your name as it sounds if it will help the presiding officer
pronounce:
Optional: If you want a response from staff,please leave your
contact information: _....................................................._.....................
Check one:
Phone or email For 0 Against ❑ Neutral ❑
Name City
Please spell your name as it sounds if it will help the presiding officer
pronounce:
Optional: If you want a response from staff,please leave your
contact information: ... .. .....
Check one:
Phone or email For ❑ Against 0 Neutral ❑
AIS-5580 4.A.
Business Meeting
Meeting Date: 08/13/2024
Length (in minutes): Consent Item
Agenda Title: Cook Park Boarding Dock Replacement
Authored By: Jeff Peck
Presented By: Project Manager Jeff Peck
Item Type: Motion Requested
Public Hearing No
Legal Ad Required?:
Publication Date:
-- -- -----
Information
EXPLANATION OF ISSUE
Council will consider whether to authorize the City Manager to sign an Intergovernmental Agreement(IGA)with the
Oregon State Marine Board (OSMB) for cost share obligations for the Cook Park Boarding Dock Replacement Project.
Council will also consider whether to authorize the City Manager to sign a grant agreement with the Oregon
Department of Fish and Wildlife (ODFW) for cost share obligations for the Cook Park Boarding Dock Replacement
Project.
ACTION REQUESTED
Teammates recommend the Council authorize the City Manager to execute the agreements.
BACKGROUND INFORMATION
The City is proposing improvements to existing river access to provide motorized and non-motorized boat launches to
be constructed in two phases. Phase 1 includes removal and replacement of the degraded wooden boarding dock with
an OSMB standardized dock for motorized watercraft users. The new dock will attach to the existing piles and will
occupy the same footprint as the existing dock. Phase 2 includes a new hard-surface pathway,gangway, and
OSMB-style accessible dock with a kayak slip. This will be constructed to provide access to the river for
non-motorized watercraft users and users of all abilities or physical limitations. The new dock will be secured in place
with 4 new 16-inch diameter piles. The dock will be approximately 28 feet by 28 feet. The new gangway will be
approximately 110 feet long by 7 feet wide.
Dates of Previous and Potential Future Considerations
Staff requested Council to approve an OSMB grant for the design and permitting of the replacement dock and future
gangway and accessible dock in July 2021.
Staff submitted a pre-application for grant funding to the Tigard Grants Committee to pursue construction and
installation costs for the replacement dock in October 2023.
Public Involvement
A neighborhood meeting was conducted as part of the Type III Sensitive Lands Review land use application on
December 7,2023.A public hearing was conducted by the city Hearings Officer as part of the land use application on
April 8,2024.
Impacts (Community,Budget,Policies and Plans/Strategic Connection)
Community:
Replacement of the dilapidated boarding dock will provide safe and convenient access to the river via a modern OSMB
designed aluminum dock.
Budget:
Phase 1 Improvements will be funded by the Oregon State Marine Board (OSMB),the Oregon Department of Fish and
Wildlife,and via the Parks SDC fund (which are budgeted in multiple fiscal years).
• OSMB Boating Facility Grant Funds: $ 22,035.00
• OSMB Waterway Access Grant Funds: $ 51,465.00
• Oregon Department of Fish&Wildlife: $220,500.00
•Parks SDC Fund Cash Match: $146,700.00
The City Match will be covered by the park SDCs budgeted in FY25 ($101k),along with a Q1 to carry forward unspent
funding from FY24 ($23k) and will need to move approximately$22K from FY26 projected revenue for the project
into FY25. The internal expenses in FY24 had an overrun of approximately$16k which is due to the extensive amount
of unforeseen coordination this project has required.
Policies and Plans/Strategic Connection:
The City of Tigard's vision laid out in the Strategic Plan is to be an equitable community that is walkable,healthy,and
accessible for everyone. One of the goals of the Parks and Recreation System Plan is to provide high quality parks and
recreation services consistent with the City's vision.
This relates to Priority 2 of the Strategic Plan to create a well-connected,attractive,and accessible pedestrian network.
ALTERNATIVES& RECOMMENDATION
The City Council could choose not to enter into the OSMB Boating Facility Intergovernmental Agreement and the
agreement between the City and ODFW,and seek additional funding elsewhere.Teammates have reviewed both
agreements and find them appropriate and fair.
ADDITIONAL RESOURCES
None
Attachments
OSMB AGREEMENT
ODF&W AGREEMENT
OSMB LE ITER
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
OREGON
�n awimn>r'
SUB-RECIPIENT
GRANT AGREEMENT
between
OREGON DEPARTMENT OF FISH AND WILDIFE
and
City of Tigard
for
OR-SFR BA- Cook Park Boarding Dock Replacement,Tualatin River
RECIPIENT TYPE: Local Government
This Grant Agreement is entered into by and between the State of Oregon acting by and through its Department of
Fish and Wildlife (hereinafter referred to as ODFW), to City of Tigard (hereinafter referred to as Recipient), both
herein referred to individually or collectively as "Party" or"Parties." By signing this grant agreement and accepting
grant funds,the Recipient,or a duly authorized representative of the Recipient,makes the representations and agrees
to the obligations and conditions set forth below.
I. PURPOSE AND AUTHORITY
A. ODFW is the recipient of a grant from: United States Department of the Interior, Fish and Wildlife
Service
Federal Funding Agency(abbreviation): USFWS
CFDA: 15.605—Sport Fish Restoration
Federal Grant Number: F24AF01422
Federal Grant Name: OR-SFR BA-Cook Park Boarding Dock
Replacement,Tualatin River
Date of Award: June 5, 2024
Total amount of Federal Grant Award: $220,500.00
B. ODFW enters this sub-recipient grant agreement under this award to reimburse Recipient for expenses
not to exceed$220,500.00 of implementing a project where sub-recipient is carrying out the purpose
of the federal award pursuant to its authority contained in ORS 496.525.
C. Recipient is charging 0 %of indirect rate under this Agreement.
D. Research and Development Project§200.87 Yes No x
II. TERM OF AGREEMENT
This agreement takes effect on the date of last signature below and unless terminated or extended, this grant
agreement expires on December 31,2025. Pre-award costs incurred as of December 6,2023,are hereby authorized
under this Agreement.ODFW will make no payment for any services performed or expenses incurred before the Pre-
Award date or after the expiration date of the period of performance..
Additionally, after term of agreement, Recipient agrees to maintain and operate the improvements made under this
grant for the duration of their useful life(expected to be 25 years)for new boarding docks funded by this project.
Page 1 of 32
ODFW Sub-Grant#155-24
Funded by 53100—235007.00
III. AGREEMENT DOCUMENTS
This agreement consists of the following documents,which are listed in descending order of precedence:this
Agreement less all exhibits,
Exhibit A(Project Description and Budget),
Exhibit B(Boarding Dock Map and Design)
Exhibit C(Federal Compliance Terms),
Exhibit D(Insurance Requirements for First-Tier Contractors under Agreement), and
Exhibit E (FFATA Data Collection Form),
Exhibit F(ODFW Debarment and Suspension Certification Form),and
Exhibit G(Administrative Summary),attached hereto and by this referenced made a part hereof.
IV. RECIPIENT'S OBLIGATIONS
A. Implement Project. The Recipient will
1. implement the project,as defined in Exhibit A,and B
2. request a formal amendment to the project if needed. Certain changes to the Project may only
be made via formal amendment to this Agreement, as identified in section IV. J. Any prior
approvals are to be sought from ODFW and not from the Federal Funding Agency.
B. Maintain Project. The Recipient is responsible during the term of this agreement and for the useful life
of installed project components (as outlined in Section II) to maintain the public boating access facility
that results from the implementation of the project(Facility). If Recipient fails to maintain the Facility,
Recipient agrees to relinquish its interest in the Facility to ODFW via appropriate legal instrument.
C. Ensure the Public Boating Access Facility is used for its authorized purpose. The Recipient is
responsible for the term of this agreement and during the useful life of its Facility/Components funded
here to ensure that the Facility is used as a public boating access facility. If Recipient fails to maintain
this use, then Recipient agrees to relinquish its interest in the Facility to ODFW via appropriate legal
instrument.
D. Match. Recipient must provide $146,000.00 in cash match towards the total Project cost. Recipient
must also document match from OSMB Grant #1730 for $73,500.00 to ODFW. Recipient must
document any cash and in-kind contributions Recipient makes to the Project and retain such
documentation. A summary of the match contributed for the period and the cumulative match amount
must be included in Recipient's reimbursement requests.
1. Match costs may include (1) allowable costs incurred by ODFW, the Recipient, or cost-type
contractors under this agreement where the costs are funded by non-Federal grants or by
others'cash donations from non-Federal third parties and are not counted as match of another
federal grant agreement or (2) third party in-kind contributions received during the period of
performance of this Agreement.
2. Special rules apply to valuing third party in-kind contributions. Volunteer services should be
valued at rates, including fringe benefits,consistent with those ordinarily paid for similar work
within the recipient's organization, or at rates consistent with those ordinarily paid by other
employers for similar work in the same labor market. Services of employees of third-party
organizations should be valued at the employee's regular rate of pay exclusive of the
employee's fringe benefits and overhead costs.
Page 2 of 32
ODFW Sub-Grant#155-24
Funded by 53100—235007.00
E. Performance and Financial Reporting
1. Reports are due according to the following schedule:
a. Project Progress Reports:
Interim Financial and Performance Report Due:June 29,2025
Due for work done 06/01/24-05/31/25:
Final Financial and Performance Report(for work Due:January 29, 2026
done 06/01/25-12/31/25.
b. Final Project Report: January 29,2026.
2. Since this is a jointly funded ODFW/OSMB project, please submit final report and payment info
to OSMB to review and consolidate payment and reporting paperwork,then OSMB will provide
to ODFW for final payment.
3. The Progress and Final Project Reports must include:
a. Summary of expenditures and match to date;
b. Explanation of why expenditures differ from original Project budget;
c. What progress has been made towards completing the objective(s) of the project?
Explanation of why objectives or portions of objectives were not completed. If the
work could not be performed within the period specified, provide a statement of the
problem, the actions to be taken to resolve the problem, and when it is anticipated
that the objectives will be completed. (Required)
d. Please describe and justify any changes in the implementation of your objective(s)or
approach(es).(Required)
e. If applicable,please share if the project resulted in any unexpected benefits,promising
practices, new understandings, cost efficiencies, management recommendations, or
lessons learned.
f. If applicable, identify and attach selected publications, photographs, screenshots of
websites, or other documentation (including articles in popular literature, scientific
literature, or other public information products) that have resulted from this project
that highlight the accomplishments of the project.
F. Grant Reimbursement Requests
1. Basis of Payment. This is a reimbursable grant program. Recipient must complete or make
progress on the Project before grant funds will be disbursed. Recipient must submit the final
request for reimbursement to ODFW within thirty (30) calendar days of termination of this
Agreement and is due no later than January 29,2026.
2. Request for Reimbursement.
a. Recipient may request disbursement of the grant funds for up to a six-month period,
but no more than once per month.
b. To request reimbursement, Recipient must submit a signed a request for
reimbursement showing current and cumulative costs by budget category (i.e.
Salaries, Fringe Benefits (OPE), Travel, non-expendable equipment (greater than
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ODFW Sub-Grant#155-24
Funded by 53100-235007.00
$5,000 per item),Supplies(less than$5,000 per item),Contract Services, Construction,
and Indirect Costs, if contained in the budget depicted in Exhibit A) and the total of
current and cumulative match.
Or
b. To request reimbursement, fill out joint OSMB/ODFW payment form provided under
OSMB Grant #1730. Recipient must submit a signed a request for reimbursement
showing current and cumulative costs by budget category(i.e.Salaries, Fringe Benefits
(OPE), Travel, non-expendable equipment (greater than $5,000 per item), Supplies
(less than $5,000 per item), Contract Services, Construction, and Indirect Costs, if
contained in the budget depicted in Exhibit A)and the total of current and cumulative
match. Make sure to include an invoice slip from your entity requesting the amount
due with OSMB/ODFW form.
c. This request for reimbursement must include the following(or a substantially similar)
certification: "By signing this request for reimbursement, I certify to the best of my
knowledge and belief that the information is correct,that all expenditures were made
in accordance with the award conditions, and that the amount due, indicated for the
current period, has not been previously requested."
G. Give credit and seek approval before publishing publicity, news releases,and reports.
1. Recipient shall include USFWS SFR logo and ODFW logo on all project/site credit signs. Please
contact ODFW for logo graphic files as needed.
2. Recipient shall include the following statement if publishing any report, news release or
publication regarding this project:
Partial funding for this project was through Oregon Department of Fish and Wildlife's Sport Fish
Restoration Grants Program in cooperation with USFWS, under Federal Award number
F24AF01422.
H. Unauthorized use of grant funds. Recipient will only be reimbursed for allowable costs of the recipient
necessary for implementing the project, including allowable costs in the form of payments to cost-type
contractors, under the terms of this agreement including all its Exhibits.
I. Dual Payment. The Recipient may not be compensated for or receive any other form of dual payment
for the costs reimbursed by ODFW for the project described in Exhibit A from any agency of the State of
Oregon,the United States of America,or any other party.
J. Obtain Written Amendment prior to making changes. No waiver, consent, modification or change of
terms of this agreement shall bind either party unless in writing and signed by both ODFW and Recipient.
Such waiver, consent, modification or change, if made, shall be effective only in the specific instance
and for the specific purpose given.
1. When Amendment Needed. Recipient must request an amendment to this agreement prior
to any of the following changes:
a. If recipient needs additional funding to complete the project (as identified in Exhibit
A);
b. .
c. If recipient revises the scope or objectives of the project(as identified in Exhibit A);
d. If Recipient needs additional time to complete the project beyond the Term of
Agreement or Period of Performance identified in Section II of this Agreement;
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ODFW Sub-Grant#155-24
Funded by 53100-235007.00
e. If Recipient changes key persons in cases where specific persons are identified in
Exhibit A of this agreement;
f. If the Recipient intends to purchase equipment with a per unit value of $5,000 or
more,and the costs have not been identified in Exhibit A;
g. If the Recipient wants to subgrant or contract out services to a third party to perform
activities which are central to the purpose of the work to be performed under this
Agreement,where not already identified in Exhibit A.
2. Amendment Process.
a. Any and all requests to ODFW for Amendment(s)to this agreement must:
i. be in writing addressed to ODFW's Project Manager;
ii. be made to ODFW as early as possible because these types of changes may
require prior approval of USFWS before the change can be implemented;
iii. be made to ODFW at least 60 days prior to the expiration of the agreement;
and
iv. state the reasons for the need to amend the agreement.
b. Upon receipt of any request for amendment to this Agreement, ODFW will review the
request and
i. If in agreement with the request, and if necessary seek approval from USFWS
promptly, and inform Recipient of USFWS's decision, including the date of
USFWS approval, as soon as possible.
ii. If an amendment is approved,prepare a written amendment for signature by
ODFW and Recipient.
iii. If an amendment is denied, submit a written notice to Recipient that the
Amendment request is denied.
K. Maintain Records. Recipient shall create and maintain fiscal records in accordance with generally
accepted accounting principles and in sufficient detail to permit ODFW,the Oregon Secretary of State's
Office,the federal awarding agency and their authorized representatives to verify how grant funds were
used.
1. Expenditures. All grant revenues and expenditures shall be documented in such a way as to
readily identify and distinguish revenue and expenditures specific to this agreement from other
federal and non-federal funding sources.
2. Funds Received. Recipient shall assume liability for all funds received pursuant to this
agreement and shall assume responsibility for repayment to ODFW of any expenditures not
authorized by this agreement.
3. Recipient shall retain all records (whether in electronic or hard copy form) created or
maintained pertinent to this agreement(fiscal, program,and administrative)for a period of at
least six(6)years from the date Recipient submits its project completion report.
4. Records related to any real property or equipment purchased under this Agreement shall be
maintained for a period of six years starting from the date of disposition, replacement or
transfer of the real property or equipment.
L. Provide access to records. Recipient will provide access to ODFW, Federal Awarding Agency, the
Comptroller General of the United States,the Secretary of State's Office of the State of Oregon and their
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ODFW Sub-Grant#155-24
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duly authorized representatives to the books, documents, papers and records(whether in electronic or
hard copy form)of Recipient that are directly related to this agreement,the Project or the Grant Funds
provided hereunder, for the purpose of monitoring compliance with this agreement, making audits,
examinations,excerpts,and transcripts.
M. Audits. Subrecipient is responsible to comply with requirements and standards under §200.501 Audit
requirements.
N. Closeout.(See§200.343)ODFW will close-out this award under this Agreement when it determines that
all applicable administrative actions and all required work of this Agreement have been completed by
the Recipient. Recipient must:
1. Submit no later than 30 calendar days after the end date of the period of performance, all
financial, performance and other reports as required by the terms and conditions of this
Agreement.
2. Liquidate all obligations incurred under this Agreement within 30 days after the end date of
this Agreement.
3. Make prompt payments to its subcontractors,if any,for allowable costs under this Agreement.
4. Must promptly refund any balances of unobligated cash that ODFW paid in advance or paid and
that are not authorized to be retained by the Recipient for use in other projects.
5. Must make a settlement for any upward or downward adjustments to the award share costs
after closeout reports are received.
6. Must account for any real and personal property,if any, acquired from this Agreement.
7. Complete all closeout actions no later than one year after closeout actions no later than one
year after receipt and acceptance of all required final reports.
V. ODFW'S OBLIGATION
Provide funds. ODFW agrees to pay the Recipient the total sum not to exceed$220,500.00("Grant Funds")
to reimburse Recipient for the allowable costs of implementing project as described in Exhibit A upon the
following conditions:
1. ODFW has received sufficient funding, appropriations and expenditure authorizations to allow ODFW,
in the exercise of its reasonable administrative discretion,to make the disbursement.
2. ODFW will pay Recipient no later than thirty calendar days (30) days following receipt and approval of
Recipient's request for reimbursement.
3. ODFW will not pay for any project work performed before the beginning date or after the expiration
date of the period of performance identified in Section II.
4. ODFW is not obligated to pay the Recipient if the Final Project Report and/or the Final Grant
Reimbursement Request Form are delivered to ODFW more than thirty calendar days(30)days after the
expiration of this Agreement.
5. ODFW will pay Recipient an approved federally recognized indirect cost rate negotiated between the
Recipient and the federal government,or if no such rate exists,either a rate negotiated between ODFW
and Recipient or a de minimis indirect cost rate as defined in §200.414 Indirect (F&A) costs, paragraph
(b).
VI. STANDARD CONDITIONS
A. Notice. All notices required or allowed to be given by this Agreement shall be by first-class mail,
facsimile, or e-mail and addressed to the Administrative and Project Manager contact of each
organization as listed in Exhibit G.
B. Circumstances outside of Parties'Control. Neither ODFW nor the Recipient will be held responsible for
delay or failure to perform when such act or delay or failure is due to fire,flood, epidemic, strikes, acts
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ODFW Sub-Grant#155-24
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of God or the public enemy, legal acts of public authorities, or delays or defaults caused by public
carriers,which cannot be reasonably foreseen or provided against.
C. Contribution
1. Liability of One Party. If any third party makes any claim or brings any action, suit or proceeding
alleging a tort as now or hereafter defined in ORS 30.260(a "Third Party Claim")against a Party(the
"Notified Party") with respect to which the other Party (the "Other Party") may have liability, the
Notified Party shall promptly notify the Other Party in writing of the Third Party Claim and deliver
to the Other Party a copy of the claim,process and all legal pleadings with respect to the Third Party
Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a
Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and
copies required in this Section and meaningful opportunity for the Other Party to participate in the
investigation,defense and settlement of the Third Party Claim with counsel of its own choosing are
conditions precedent to the Other Party's liability with respect to the Third Party Claim.
2. Joint Liability. With respect to a Third Party Claim for which the Parties are jointly liable,each Party
shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred and paid or payable by the Party in
such proportion as is appropriate to reflect the Parties'relative fault. The Parties'relative fault shall
be determined by reference to, among other things,the Parties' relative intent, knowledge,access
to information and opportunity to correct or prevent the circumstances resulting in such expenses,
judgments, fines or settlement amounts. Each Party's contribution amount in any instance is
capped to the same extent it would have been capped under Oregon law if that Party had sole
liability in the proceeding.
D. Indemnification by Subcontractors. Recipient shall take all reasonable steps to cause its contractor(s)
that are not units of local government as defined in ORS 190.003,if any,to indemnify,defend,save and
hold harmless the State of Oregon and its officers, employees and agents ("Indemnitee") from and
against any and all claims, actions liabilities, damages, losses, or expenses (including attorneys' fees)
arising from a tort(as now or hereafter defined in ORS 30.260)caused,or alleged to be caused,in whole
or in part, by the negligent or willful acts or omissions of Recipient's contractor or any of the officers,
agents employees or subcontractors of the contractor ("Claims"). It is the specific intention of the
parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or
willful actions of the Indemnitee, be indemnified by the contractor from and against any and all Claims.
E. Dispute Resolution and Consent to Jurisdiction.
1. If a dispute should arise out of this Agreement,the Parties may attempt in good faith to resolve the
dispute short of litigation. This may be done through communication between the Parties at any
management level, including at a level higher than persons directly responsible for administration
of the Agreement or the Parties may agree to utilize a jointly selected mediator or arbitrator (for
non-binding arbitration),or both.
2. However, if a dispute is not resolved short of litigation, the Parties agree that any claim, suit or
action between the Parties that arises from or relates to this Agreement shall be brought and
conducted solely and exclusively within the jurisdiction of the Circuit Court of Marion County in the
State of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of
any form of defense or immunity,whether sovereign immunity,governmental immunity,immunity
based on the eleventh amendment to the Constitution of the United States or otherwise,from any
Claim or from the jurisdiction of any court. Each Party hereby consents to the exclusive jurisdiction
of such court, waives any objection to venue and waives any claim that such forum is an
inconvenient forum.
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ODFW Sub-Grant#155-24
Funded by 53100-235007.00
F. Termination and Default
1. FOR CONVENIENCE
a. Termination by Recipient. The Recipient may terminate this agreement at any time
upon thirty(30)days prior written notice to ODFW setting forth the reasons for such
termination,and the effective date, delivered by certified mail or in person to ODFW's
Project Manager as listed in Exhibit G.
b. Termination by Mutual Consent. ODFW may terminate this agreement with the
consent of Recipient in which case ODFW and Recipient shall agree upon the
termination conditions, including the effective date and in the case of partial
termination,the portion to be terminated.
c. Termination by ODFW. If the Federal Funding Agency's funding support for this
project is terminated, suspended or discontinued, ODFW will immediately notify
Recipient to stop all work and may terminate this agreement.
2. FOR CAUSE(DEFAULT)
a. Event of default. A Party will be in default under this Agreement if:
i. the Party commits any material breach or default of any covenant,warranty,
obligation or other provision under this Agreement or fails to perform under
this Agreement within the applicable time specified under this Agreement;
and
ii. such breach, default or failure is not cured within 30 days after the other
Party's notice.
b. Remedies. In the event a Party is in default under this Section, the other Party may,
at its option, pursue any or all of the remedies available to it under this Agreement
and at law or in equity, including,without limitation:
i. Withhold all monies due under the Agreement;
ii. Exercise a setoff against any amounts due under this Agreement;
iii. Wholly or partly suspend or terminate this Agreement;
iv. Institute the dispute resolution process as outlined in Section VI.D. of this
Agreement;and
v. Take other remedies that may be legally available.
These remedies are cumulative to the extent the remedies are not inconsistent, and the
non-defaulting Party may pursue any remedy or remedies singly, collectively, successively
or in any order whatsoever.
3. Recipient's Obligation upon submittal or receipt of notice of termination.
a. Within 30 days of submittal or receipt of a notice of termination of this agreement,
the Recipient must, submit a final project report for work completed prior to
termination.
b. In the event that Recipient has materially failed to comply with this Agreement and
such non-compliance has resulted in the Federal Funding Agency terminating ODFW's
grant or causes or requires ODFW to return funds to the Federal Funding Agency,
Recipient will return to ODFW an amount equal to the funds which ODFW is not
reimbursed for or is required to return to Federal Funding Agency.
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ODFW Sub-Grant#155-24
Funded by 53100 —235007.00
4. ODFW's Obligations upon termination. Upon termination of this Agreement and receipt of
Recipient's final request for reimbursement,and subject to the limitations of this section,ODFW
will reimburse Recipient for actual and allowable costs incurred under this Agreement prior to
the termination date.
G. No Third Party Beneficiaries. ODFW and Recipient are the only Parties to this Agreement and are the only
Parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be
construed to give or provide any benefit or right,whether directly,indirectly or otherwise,to third persons
unless such third persons are individually identified by name herein and expressly described as intended
beneficiaries of the terms of this Agreement.
H. Non-appropriation. ODFW's obligation to pay any amounts,perform any activities or provide any items
under this Agreement is conditioned upon ODFW receiving funding, appropriations, limitations,
allotments, or other expenditure authority sufficient to allow ODFW, in the exercise of its reasonable
administrative discretion,to meet its obligations under the Agreement. Nothing in this Agreement may
be construed as permitting any violation of Article XI,section 7 of the Oregon Constitution or any other
law limiting the activities, liabilities or monetary obligations of ODFW.
I. Subgrants,Subcontracts and Assignment.
1. Recipient may not enter into any subgrant or subcontract, not already identified in Exhibit A, or
assign or transfer any of its interest in this Agreement without ODFW's prior written consent.
Subawards and subcontracts with known parties identified in Exhibit A are deemed to be
approved.
2. Any subgrant entered into under this agreement shall contain terms and conditions substantially
similar to this Agreement,including Federal provisions contained in Exhibit C.
3. Any contract entered into under this agreement:
a. Shall be awarded in accordance with§200.317 to§200.326 Procurement Standards.
b. Shall contain the applicable terms and conditions of Exhibit C, "Federal Compliance
Terms."
c. If the contract is not to a unit of local government as defined in ORS 190.003, the
contract shall require the contractor to indemnify, defend,save and hold harmless the
State of Oregon and its officers,employees,and agents("indemnitee")from and against
any and all claims, actions, liabilities, damages, losses, ore expenses arising from a tort
(as now or hereafter defined in in ORS 30.260),caused,or alleged to be caused,in whole
or in part,by the negligent or willful acts or omissions of Recipient's contractor or any of
the officers,agents,employees, or subcontractors of the contractor("claims"). It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for
claims arising solely from the negligent or willful acts or omissions of the Indemnitee,be
indemnified by the contractor from and against any and all Claims.
4. Recipient shall requires its first-tier contractor(s) (i.e. a contractor with which the Recipient
directly enters a contract)that are not units of local governments as defined in ORS 190.003, if
any,to(i)obtain insurance specified under Exhibit D of this Agreement,(ii)maintain the insurance
in full force throughout the duration of the contract. The insurance must be provided by
insurance companies or entities that are authorized to transact the business of insurance and
issue coverage in the State of Oregon and that are acceptable to ODFW. Recipient shall not
authorize contractors to begin work under the contract until the insurance is in full force.
Thereafter, the Recipient shall monitor continued compliance with the insurance requirements
on an annual or more frequent basis. Recipient shall incorporate appropriate provisions in the
contracts permitting it to enforce contractor compliance with the insurance requirements and
shall take all reasonable steps to enforce compliance. In no event shall recipients permit a
Page 9 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
contractor to work under a contract when the Recipient is aware that the contractor is not in
compliance with the insurance requirements.
J. Compliance with Applicable Law. Recipient agrees to comply with all federal, state and local laws,
regulations, executive orders and ordinances applicable to this Agreement or to Recipient's obligations
under this Agreement, as those laws, regulations and ordinances may be adopted or amended from
time to time and as identified in Exhibit C.
K. Integration. This agreement, including all Exhibits, constitutes the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or representations,
oral or written,not specified herein regarding this agreement. The failure of either party to enforce any
provision of this agreement shall not constitute a waiver by that party of that or any other provision.
L. Counterparts. This Agreement may be executed in several counterparts,all of which when taken together
constitute one agreement binding on RECIPIENT and ODFW, notwithstanding that all parties are not
signatories to the same counterpart. Each copy of this Agreement so executed constitutes an original.
The Recipient, by signature of its authorized official, hereby acknowledges that he/she has read this
Agreement, understands it, agrees to be bound by its terms and conditions (including all references to
other documents) and is authorized by the authorized official to execute this Agreement on the
authorized official's behalf. Failure to comply with this Agreement and with applicable State and Federal
rules and guidelines may result in the withholding of reimbursement, the termination or suspension of
the Agreement, denial of future grants, and damages to ODFW.
STATE OF OREGON, by and through its RECIPIENT:
Department of Fish and Wildlife City of Tigard
Signature: Signature:
Shannon Hurn
Print Name: Print Name:
Title: Deputy Director for Administration Title:
Date: Date:
Federal Tax ID#:
Federal UEI #:
Page 10 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET-ODFW to USFWS submitted SFR Grant Details
Project Title/Grant Name: OR- SFR BA- Cook Park Boarding Dock Replacement, Tualatin River
Description:
ODFW will use USFWS Sport Fish Restoration funds to sub grant to the City of Tigard (Recipient)
to upgrade and repair an existing boating access facility at Cook Park on Tualatin River. City of
Tigard will be sub-awarded funds from ODFW and will handle all administration, contracting,
planning, implementation, and construction to remove old wooden docks and install new
aluminum docks.
Project Start Date: 06/01/2024
Project End Date: 12/31/2025
ODFW Project Manager name,title, phone, email:
Name: Holly Huchko
Title: Sport Fish Restoration Coordinator
Phone: 541-464-2185
Email: Holly.A.Huchko@odfw.oregon.gov
Location:
• General Location: Oregon
• Includes Marine Federal Waters: No
• Detailed Location:
• Location Description:
GPS Location: Latitude: 45.39396020429879; Longitude: -122.77198927941365
Waterbody and mile: Tualatin River, river mile 9.8
Location: Hwy 99W,take Durham Rd East to SW 92nd Ave (at Tigard High school).Turn
right (South) on SW 92nd Ave into Cook Park, proceed south through main gate to
lower park area and boat ramp.
Need:
The project is needed to replace the Cook Park docks to provide safe recreational boating and
sport fishing access. Specifically, the docks have areas of rot and damage, the floatation is
becoming saturated and dock section transitions are lifting and creating trip hazards. Boating
has increased significantly over the last decade on the Tualatin River and Cook Park is one of
the few access points on the river that has parking, docks, and boat ramp. This is one of the
few access points that small, motorized boats can access and use the river. There has also
been a noticeable increase in the frequency of nonmotorized boaters using trailers to
Page 11 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
transport their boats. Having safe and stable boarding docks benefits all recreational boaters
using Cook Park to access the Tualatin River.
Expected Results and Benefits:
Replacement of docks at Cook Park will ensure continued benefit and access for public
recreational boaters at this site. Safe and stable boarding docks will benefit all recreational
boaters using Cook Park to access the Tualatin River. Current site use includes small
motorboats, SUPs, kayaks, and canoes for fishing and flat water paddling.
Purpose:
The purpose of this project is to enhance recreational boating and sport fishing opportunities
at Cook Park via dock replacements.
Objectives:
Objective Name: Construct, renovate or acquire 1 recreational boating facility by
12/31/25.
Strategy: Facilities/Areas Construction, Renovation or Acquisition Proposed Objective:
Construct, renovate or acquire facilities Pertains to R3: No
Activity: Recreational boating facilities
• Docks
# of Facilities: 1.0000
Objective Approach:
Recipient will be sub-awarded funds from ODFW and will implement all project
administration, planning, implementation, and dock removal/installation. The
Recipient will require and ensure that all materials used in the dock
repairs/fabrication will comply with the Buy American, Build America Act. No ground
disturbance is anticipated for this project but if there is disturbance the Recipient will
provide a copy of the Inadvertent Discovery Plan to OSMB and ODFW. Recipient will
follow their procurement practices to purchase new boarding docks and City staff will
remove old wooden docks and install the new OSMB designed aluminum docks.
OSMB is providing technical assistance for the project.
ESA:
• USACOE is covering this project under a programmatic NWP/BiOp (not
received yet by project) and is lead federal agency.
Page 12 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
• NOAA approval was received from Mischa Connine on 12/07/24 (attached)
that this project will be covered under programmatic BiOp (SLOPES IWOW
issued 4/5/12) for all ESA impacts to species:
The proposed project is likely to provide benefits to ESA-listed
species, designated critical habitat, and essential fish habitat
through the following activities:
• Planting native vegetation at the top-of-bank
• Removing existing remnant piles
The proposed project is likely to adversely affect ESA-listed species,
designated critical habitat, and essential fish habitat through the
following activities:
• Shallow water habitat shading
• Piling installation
• Construction of impervious surface generating stormwater
NHPA: USACOE is lead federal agency, no ground disturbance under this grant-just
removing old docks and installing new ones.
Objective Attachments
Note: Some attachments listed here may not appear in the Appendix
due to file incompatibility. All attachments can be accessed using the
links below.
Descriptive Name Field tags Attachment Type
NOAA approval • Approach Narrative Project Statement
. Arpro cEl/Permit
Timeline:
Spring 2024 through Fall 2024—
• Solicit and award contract to dock manufacturer.
• Submit and obtain City of Tigard Building Permit.
• Solicit and award contract for site work and installation of dock.
• Site work to be completed within in-water work window (No later than September 2024).
• Receive and install new dock.
Page 13 of 32
ODFW Sub-Grant#155-24
Funded by 53100—235007.00
Budget Narrative:
1. In-Kind Match—none
2. Program Income- none, no fee is charged at site.
3. Pre-award costs- Pre-project City of Tigard consulting design fees from December 6,
2023- May 31, 2024, may be included for up to $80,000 of match listed under #6 third
party funding.
4. Capital expenditures- installation of new docks will be made under this award.
5. No "equipment" is being purchased under this grant.
6. 3rd party funding sources— Oregon State Marine Board is providing up to $73,500 cash
match for construction via OSMB FG 1730 (Boating Facilities Grant and Waterway Access
Grant funds) that may be used as match for this SFR grant. The Recipient is providing up
to$146,000 that may be used as match towards grant. Note the OSMB grant is only paying
for purchase of supplies/ docks not for the installation, which is why the SFR grant end
date is later than OSMB FG 1730.
Please obligate SFR funds at 100% Freshwater and 0% Marine Boating Access Funds.
Useful Life Narrative:
The anticipated useful life of the boarding docks is 25 years based on estimate by the Oregon
State Marine Board (OSMB) staff.
Relationship to Other Grants:
ODFW provides Technical Assistance for OSMB under SFR grant F23AF00947 which helps OSMB
advise City of Tigard on this project.
Project Statement Attachments
Note:Some attachments listed here may not appear in the Appendix due to file
incompatibility.All attachments can be accessed using the links below.
Descriptive Name Field tags Attachment Type
Cook Park budget • Budget Narrative Budget/Budget Table
Page 14 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
EXHIBIT B
Boarding Dock Location and Design
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Page 15 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
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Page 16 of 32
ODFW Sub-Grant#155-24
Funded by.53100-235007.00
�l 1`i v �4 I r ri'�s \\T.rS .'/j tt'l�ri t J:i"'/
/ . Exiso ng Abobts PMN 3}/� I r/
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,, ', /r �r'v►�{( ; ,',/ b` // =.Gangway and Pilos(4)
ite 7 " Area __:,-1..„..>>T�2-a, / r �'i` .--,1:),fr „ 3 i ,—� `
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g Dock sw. u w MO c n P...r.a
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t :; ory t r -x oto inn I/room_
�/� ; , rr s' r iS€ t?v t M.raZ res,ra .u.r.wt
aP� ,%'/s s(OCW1) ' �t 8ostRoMomrlratl 0,•e.Rr .ww
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\\ LEGEND
_��r••� J .- . Grdhnen,,High Water(OHW)
...4::-7.'""
..:1-• ---- (108'Eieva:ion NGVD28)
Siwe?Provided by WasIWto Cans hems Inc using I Ordinary I ow Water(Ol-W)
the orepbP Pardend Zone NA0e3(*redraft syrem (1(1t'elevation NGVO20)
arnr HGVD28 va.tiwl datum
(maw,PveI nater tO,tW)elovecon flopped by Pacific
natstel Semites(PNS)ord xurvWed by the Westlake 4--- Dirutilon of Flow
Cum dlsele Ire;Inflieptilrefe USCTS gape dote tram
staters nn the Legate PL V67 canEnned iha 0:•1yy . Existing Contour
eternise.,delnebled by PHS In the yr')e-t anew (w'esttg ke L.nvsy NGVD2S)
The Cramwry Low ward(012W)elavn:on OP"
de1Um4ined by Pldwn,g SUIr4ss11 based nr mu:Pe --,REreskng Contour
fe'd oniea acrid the Icor wale soesert. a astea sea
Ph- r emebb by Flowing SoLdtnes NOV.nestrq �..?tealtea�-. lNC}AA NAV09d}
contours chaired from NOM O!pt.e of CacrSrl
Menepen-ent and aro kdm the 7114 Orman DOCiehtl St:ALL IN YehT —--— Tex Lot Line
MAR NAV)8a verbal datura.
P is Site Plan Overview and Sheet Index FIGURE
Cook Park Accessible River Access and Boarding Dock Replacement e
Tigard,Oregon J
PeciFc Habitat Surviros,Urc.
-t.r .r..as wee*aeere.n 11.2.292
R.I.103151141W nrwr,s+satt
C woe,,,Ii,r'LIoIneptwbl'vnrnHMMV7hVV L .Yank Snot iunfj'dwteCAtaFtat Oe9'd,pb Seals CV dee,W0420C1 IT 5.)i P.M.e.meep ICI I.al.Go/Ity Penn P.3
Page 17 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
r' AC 1 r' ✓ ✓ G ✓� _r(-,?; �,in.
' jf
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w 1`.
X11 tom' ' rr .
-,' G` + Rocoisvuct Comate Abutment To nista New Dock Hoiott
- - C,,1 ,-
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�✓ r 5� ! , Proposed Bodement Removal Area 256 st 19 ry
`+ )\ 0 24„ 44.— - 'at Removal Belo'OHW Elevation
Sect5ons•,—- ,J,/s. 6 , AC'• /ii /PHASE 1 s. —
,I 16 �r ` r •r - -` Elcxtinp Piles(21 Co
%i 't i .' 9 .� rpt- ` t Pentair.for Use w-th
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NOTE: LEGEND
For Sesser a see f ipuro Silt and tar
OSMB Standard Boarding Dock sea ■.■.■ Proyeat Area Sanitary
Figure 68-2 r r�r,,-q
.,,jrtl Waters of tna Scala/US
-.--..- Ordinary HO Water(OHW)
(109'Elevation NGVD29)
e r.. %dHOod to Asada.ComJtatn.,Ire.wog ----Ordinary Low Water(OLYVI
va Groan Peal/and Zone HAD 62 raero:ror..roam fe_ (1 Q1'elevation NGV029)
eve H3."02e aortka Oolong �t�'
Omwmy me.moa.0 0 I O tole.a ae.e et,P.cf 4., Direction of Flow
lwk.el Sewee.(PltSI.+'d wneyad br M.W.aieke
O w.ee to In„`,.....I.c U13323 pope NM.kmn
.Leen.on 01.1t414/2-.RPa motto-44 e..DNA 'm G.iobng Contour
w mLan dana.Ld lay P110 lath.prclecl.+w
TN.04660 Love Wow'(OLw7 Wolter:wn t'west�l.o Survey NGV029}
duaer.od try Fawns 9aka.un bats on 11.13r 10 Cain
.334.44:-naaa4 .*star...wn. 0 IS Be e. —la—PropooedContour
Pira atmwd.coy Flaa4q 3 UI An,a.14na 1 :__.._.__. _{
tori.,a*lea d Ran 1400,00m.of t�niol
Wn.aama4 a-4 OM 3-33310*2014¢wpai oUC0,41 SCALE RI rn7 ----Tae Lot Line
LU.FC MVtaa venml. hm.
61.13,...itiiii,Sairais
Boarding Dock Replacement and Sediment Removal Area FIGLlkt-
Com(Park Accessible River Access and Boarding Dock Replacement G p
Tigard,Oregon �J L.�
Pacific Habitat Soryices,inc.
H.u�-.r,,.0 •...r...o+'.vw� 02-20223
`..v:me;V0811011 nal 001Imaw- •
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Page 18 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
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Page 19 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
EXHIBIT C
FEDERAL COMPLIANCE TERMS
OR-SFR BA-Cook Park Boarding Dock Replacement,Tualatin River
I. ODFW Project Specific Compliance Requirements: USFWS Award#F24AF01422
1. Environmental Compliance Reviews:
As a condition of award,the Recipient and their sub-recipient(s)and contractor(s) must not begin
any potentially impactful work related to this award until the Service has notified you in writing
that such work can begin. Recipients and sub-recipients of Federal grants and cooperative
agreement awards must comply with the requirements of the National Environmental Policy Act
(NEPA), Section 7 of Endangered Species Act (ESA), and Section 106 of the National Historic
Preservation Act(NHPA).
2. Buy America Provision for Infrastructure Project Procurements,see section III,I.below.
II. Grant Recipient Compliance Requirements:
A. Recipient is responsible to ensure compliance with the federal implementing regulations for the Dingell-
Johnson Sport Fish Restoration Act,contained in 50 CFR Part 80.
B. Recipient to comply with Assurances—Construction Programs(Standard Form 424D)
C. Pursuant to 2 CFR Part 170, Recipient must complete and return the Federal Funding Accountability and
Transparency Act(FFATA)form to ODFW prior to execution of this grant agreement.
Ill. Federal Terms and Conditions:
Without limiting the general requirement of Section J of the Agreement, Recipient is responsible to comply with
the following Federal Terms and Conditions,as applicable:
A. Uniform Administrative Requirements,2 CFR Part 200,Subparts A through D
B. Cost Principles 2 CFR Part 200,Subpart E
C. Central Service Cost Allocation Plans Appendix V to Part 200
D. Indirect Cost Proposals Appendix VII to Part 200
E. Audit Requirements 2 CFR Part 200,Subpart F
F. Federal Non-discrimination Statutes. Recipient is responsible to comply with all federal statutes
relating to non-discrimination, including but not limited to: Title VI of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendments of 1972 (20 USC§§ 1681-1683; 1685-1686) which prohibits discrimination on
the basis of gender; Section 504 of the Rehabilitation Act of 1973 (29 USC § 794) which prohibits
discrimination on the basis of handicaps; Age Discrimination Act of 1975(42 USC§§6101-6107)
which prohibits discrimination on the basis of age; Drug Abuse Office and Treatment Act of 1972 (PL
92-255) which prohibits discrimination on the basis of drug abuse; the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) regarding non-
discrimination on basis of alcohol abuse or alcoholism; Sections 523 and 527 of the Public Health
Services Act of 1912 as amended (42 USC§§290 dd-3 and 290 ee-3) regarding confidentiality
of alcohol and drug abuse patient records;Title VIII of the Civil Rights Act of 1968 (42 USC §§3601 et
seq.) regarding nondiscrimination in the sale, rental or financing of housing; any other
nondiscrimination provisions of the specific statutes under which this agreement is being made; and
the requirements of any other nondiscrimination statute(s) which apply to the federal financial
assistance award received by ODFW.
Page 20 of 32
ODFW Sub-Grant#155-24
Funded by 53100—235007.00
G. Eligible Workers. Recipient shall ensure that all employees complete the 1-9 form to certify that they
are eligible for lawful employment under the Immigration and Nationality Act(8 USC 1324a). Recipient
shall comply with regulations regarding certification and retention of the completed forms.
H. Domestic preferences for procurements.§200.322
(a)As appropriate and to the extent consistent with law,the non-Federal entity should,to the greatest
extent practicable under a Federal award,provide a preference for the purchase,acquisition,or use
of goods, products, or materials produced in the United States (including but not limited to iron,
aluminum,steel,cement,and other manufactured products).The requirements of this section must
be included in all subawards including all contracts and purchase orders for work or products under
this award.
(b) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
(2)"Manufactured products" means items and construction materials composed in whole or in part
of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe;aggregates such as concrete;glass,including optical fiber;and lumber.
I. Buy America Provision for Infrastructure Protect Procurements.
Required Use of American Iron, Steel, Manufactured Products, and Construction Materials As required
by Section 70914 of the Infrastructure Investment and Jobs Act
https://www.govinfo.gov/content/pkg/PLAW-117pub158/pdf/PLAW-117pub158.pdf(Pub. L. 117-58),on
or after May 14, 2022, none of the funds under a federal award that are part of a Federal financial
assistance program for infrastructure may be obligated for a project unless all the iron, steel,
manufactured products, and construction materials used in the project are produced in the United
States, unless subject to an approved waiver. Recipients must include the requirements in this section
all subawards, including all contracts and purchase orders for work or products under this program.
None of the funds provided under this award may be used for a project for infrastructure unless:
1. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes,from the initial melting stage through the application of coatings, occurred in
the United States
2. All manufactured products used in the project are produced in the United States. This means the
manufactured product was manufactured in the United States, and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States is greater than
55 percent of the total cost of all components of the manufactured product, unless another standard
for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation, and
3. All construction materials are manufactured in the United States.This means that all manufacturing
processes for the construction material occurred in the United States.
This Buy America preference only applies to articles,materials,and supplies consumed in,incorporated
into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,
such as temporary scaffolding,brought to the construction site and removed at or before the completion
of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to the
infrastructure project.
Page 21 of 32
ODFW Sub-Grant#155-24
Funded by 53100—235007.00
For more information,visit the Department of the Interior Buy America web page
http://www.doi.gov/grants/BuyAmerica and the Office of Management and Budget Made in America
web page https://www.whitehouse.gov/omb/management/made-in-america/.
J. Prohibition on certain telecommunications and video surveillance services or equipment. §200.216
K. Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms. §200.321
L. To the extent applicable to this award, Recipient is responsible to comply with
1. National Environmental Policy Act; E.O. 11514 (which requires the recipient to comply with
environmental standards which may be prescribed pursuant to institution of environmental
quality control measures under the National Environmental Policy Act of 1969(42 USC Chapter
55, [Pub. L. 91-190])and Executive Order 11514.
2. E.O. 11990: Protection of Wetlands (which requires the recipient to comply with
environmental standards for the protection of wetlands)
3. E.O. 11988: Floodplain Management; E.O. 11988(which requires the recipient to comply with
environmental standards for the evaluation of flood hazards in floodplains)
4. Coastal Zone Management Act (which requires recipient to ensure that the work performed
will not violate State management programs developed under the Coastal Zone Management
Act of 1972)(16 USC Chapter 33,Sections 1451 et seq.).'
5. Wild and Scenic Rivers Act (which requires the recipient to protect components or potential
components of the national wild and scenic rivers system). (16 USC Chapter 28, Sections 1271
et seq.)
6. Historic Preservation Act, E.O. 11593 (which requires recipient to assist the awarding agency
in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 USC 470), E.O. 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974(16 USC Sec.469a-1 et seq.).
7. Endangered Species Act(which requires the recipient to comply with environmental standards
for the protection of endangered species)16 USC Chapter 35,Sections 1531ff[Pub.L.93-205]).
8. Marine Mammal Protection Act(which requires permits and reports for research projects that
will involve the taking or importation of protected marine mammals or marine mammal
products) (16 U.S.C.Chapter 31,Subchapter I,Sections 1361ff).
M. Other Requirements (USFWS specific)
1. Universal Identifier and Central Contractor Registration 2 CFR Part 25
2. Reporting Sub-awards and Executive Compensation 2 CFR Part 170
3. Award Term for Trafficking in Persons (applicable to private entity sub-recipients) 2 CFR Part
175
4. Government-wide Debarment and Suspension (Non-procurement) 2 CFR Part 1400
5. Requirements for Drug-Free Workplace(Financial Assistance) 2 CFR Part 1401
6. 43 CFR 18 New Restrictions on Lobbying: Submission of an application also represents the
applicant's certification of the statements in 43 CFR Part 18, Appendix A, Certification
Regarding Lobbying.
7. Prohibition on Members of Congress Making Contracts with Federal Government: No member
of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of
this award, or to any benefit that may arise therefrom;this provision shall not be construed to
extend to an award made to a corporation for the public's general benefit. 41 USC§6306
Page 22 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
8. Federal Leadership on Reducing Text Messaging while Driving: Recipients are encouraged to
adopt and enforce policies that ban text messaging while driving, including conducting
initiatives of the type described in section 3(a)of the Order. Executive Order 13513.
Page 23 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
EXHIBIT D
Insurance Requirements for First Tier Contractors under this Agreement
INSURANCE REQUIREMENTS:
Grantee/Recipient shall obtain at Grantee/Recipient's expense the insurance specified in this Exhibit
prior to performing under this Grant Agreement.Grantee/Recipient shall maintain such insurance in full
force and at its own expense throughout the duration of this Grant Agreement, as required by any
extended reporting period or continuous claims made coverage requirements, and all warranty periods
that apply.Grantee/Recipient shall obtain the following insurance from insurance companies or entities
that are authorized to transact the business of insurance and issue coverage in the State of Oregon and
that are acceptable to Agency. All coverage shall be primary and non-contributory with any other
insurance and self-insurance, with the exception of Professional Liability and Workers' Compensation.
Grantee/Recipient shall pay for all deductibles, self-insured retention, and self-insurance, if any.
If Grantee/Recipient maintains broader coverage and/or higher limits than the minimums shown in this
Exhibit, Agency requires and shall be entitled to the broader coverage and/or higher limits maintained
by Grantee/Recipient.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY:
All employers, including Grantee/Recipient, that employ subject workers, as defined in ORS 656.027,
shall comply with ORS 656.017, and provide Workers' Compensation Insurance coverage for those
workers, unless they meet the requirement for an exemption under ORS 656.126(2).
Grantee/Recipient shall require and ensure that each of its subcontractors complies with these
requirements. If Grantee/Recipient is a subject employer, as defined in ORS 656.023,
Grantee/Recipient shall also obtain Employers' Liability insurance coverage with limits not less than
$500,000 each accident.
If Grantee/Recipient is an employer subject to any other state's workers' compensation law,
Contactor shall provide Workers' Compensation Insurance coverage for its employees as required by
applicable workers' compensation laws including Employers' Liability Insurance coverage with limits
not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors
complies with these requirements.
As applicable, Grantee/Recipient shall obtain coverage to discharge all responsibilities and liabilities
that arise out of or relate to the Jones Act with limits of no less than $5,000,000 and/or the
Longshoremen's and Harbor Workers' Compensation Act.
COMMERCIAL GENERAL LIABILITY:
Grantee/Recipient shall provide Commercial General Liability Insurance covering bodily injury and
property damage in a form and with coverage that are satisfactory to the State of Oregon. This
insurance must include personal and advertising injury liability, products and completed operations,
contractual liability coverage for the indemnity provided under this Grant Agreement, and have no
limitation of coverage to designated premises, project, or operation. Coverage must be written on an
occurrence basis in an amount of not less than $1,000,000.00 per occurrence and not less than
$2,000,000.00 annual aggregate limit.
Page 24 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
AUTOMOBILE LIABILITY INSURANCE:
171 Required n Not required
Grantee/Recipient shall provide Automobile Liability Insurance covering Grantee/Recipient's business
use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not
less than $1,000,000.00 for bodily injury and property damage. This coverage may be written in
combination with the Commercial General Liability Insurance (with separate limits for Commercial
General Liability and Automobile Liability). Use of personal Automobile Liability insurance coverage may
be acceptable if evidence that the policy includes a business use endorsement is provided.
EXCESS/UMBRELLA INSURANCE:
A combination of primary and Excess/Umbrella Insurance may be used to meet the required limits of
insurance. When used, all of the primary and Excess or Umbrella policies must provide all of the
insurance coverages required herein, including, but not limited to, primary and non-contributory,
additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Excess
or Umbrella or policies must be provided on a true "following form" or broader coverage basis, with
coverage at least as broad as provided on the underlying insurance. No insurance policies maintained
by the Additional Insureds, whether primary or excess, and which also apply to a loss covered
hereunder, must be called upon to contribute to a loss until the Recipient's primary and excess
liability policies are exhausted.
If Excess/Umbrella Insurance is used to meet the minimum insurance requirement, the Certificate of
Insurance must include a list of all policies that fall under the Excess/Umbrella insurance.
ADDITIONAL INSURED:
All liability insurance,except for Workers' Compensation, Professional Liability, Directors and Officers
Liability and Network Security and Privacy Liability (if applicable), required under this Grant
Agreement must include an Additional Insured endorsement specifying the State of Oregon, its
officers, employees, and agents as Additional Insureds, but only with respect to Grantee/Recipient's
activities to be performed under this Grant Agreement. Coverage shall be primary and non-
contributory with any other insurance and self-insurance.
Regarding Additional Insured status under the General Liability policy, Agency requires Additional
Insured status with respect to liability arising out of ongoing operations and completed operations,
but only with respect to Grantee/Recipient's activities to be performed under this Grant Agreement.
The Additional Insured endorsement with respect to liability arising out of Grantee/Recipient's
ongoing operations must be on, or at least as broad as, ISO Form CG 2010 and the Additional Insured
endorsement with respect to completed operations must be on, or at least as broad as, ISO form CG
20 37.
WAIVER OF SUBROGATION:
Grantee/Recipient shall waive rights of subrogation which Grantee/Recipient or any insurer of
Grantee/Recipient may acquire against the Agency or State of Oregon by virtue of the payment of
any loss.Grantee/Recipient shall obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not Agency has received a Waiver
of Subrogation endorsement from the Grantee/Recipient or the Grantee/Recipient's insurer(s).
Page 25 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
CONTINUOUS CLAIMS MADE COVERAGE:
If any of the required liability insurance is on a claims made basis and does not include an extended
reporting period of at least 24 months, then Grantee/Recipient shall maintain continuous claims
made liability coverage, provided the effective date of the continuous claims made coverage is on or
before the effective date of the Grant Agreement, for a minimum of 24 months following the later
of:
(i) Grantee/Recipient's completion and Agency's acceptance of all Services required under the
Grant Agreement, or
(ii) Agency or Grantee/Recipient termination of this Grant Agreement, or
(iii) The expiration of all warranty periods provided under this Grant Agreement.
CERTIFICATE(S) AND PROOF OF INSURANCE:
Grantee/Recipient shall provide to Agency Certificate(s)of Insurance for all required insurance before
delivering any goods and performing any Services required under this Grant Agreement. The
Certificate(s) of Insurance must list the State of Oregon, its officers, employees, and agents as a
Certificate holder and as an endorsed Additional Insured. The Certificate(s) of insurance must also
include all required endorsements or copies of the applicable policy language effecting coverage
required by this Grant Agreement. If Excess/Umbrella Insurance is used to meet the minimum
insurance requirement, the Certificate(s) of Insurance must include a list of all policies that fall under
the Excess/Umbrella Insurance. As proof of insurance, Agency has the right to request copies of
insurance policies and endorsements relating to the insurance requirements in this Exhibit.
NOTICE OF CHANGE OR CANCELLATION:
Grantee/Recipient or its insurer must provide at least 30 calendar days' written notice to Agency
before cancellation of, material change to, potential exhaustion of aggregate limits of,or non-renewal
of the required insurance coverage(s).
INSURANCE REQUIREMENT REVIEW:
Grantee/Recipient agrees to periodic review of insurance requirements by Agency under this Grant
Agreement and to provide updated requirements as mutually agreed upon by Grantee/Recipient and
Agency.
STATE ACCEPTANCE:
All insurance providers are subject to Agency acceptance. If requested by Agency, Grantee/Recipient
shall provide complete copies of insurance policies, endorsements, self-insurance documents and
related insurance documents to Agency's representatives responsible for verification of the insurance
coverages required under this Exhibit.
Page 26 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
EXHIBIT E
FFATA Data Collection Form
The Federal Funding Accountability and Transparency Act (FFATA) requires ODFW to report on
certain federal subawards which are for more than $25,000 via a public website operated by the
federal government. This reporting applies only to
• grants issued under federal grants, unless the recipient is an individual
• subcontracts issued under federal contracts, unless subcontractor's gross annual income
from the previous tax year was$300,000 or less. Check here if subcontractor's
gross income from all sources in the previous tax year was $300,000 or less.
ODFW: Complete this section before sending to Subrecipient or Subcontractor.
Title of Federal Award Project: OR- SFR BA- Cook Park Boarding Dock Replacement, Tualatin River
Federal Sponsor: USFWS
Federal Award Number: F24AF01422
Prime award (received by ODFW) is a ® grant or contract
CFDA Number (if prime award is a grant): 15.605
Amount of Sub-Award: $220,500.00
Sub-award agreement number: 155-24
Short Description of work, supplies or services to be performed by subrecipient or
subcontractor:
The purpose of this project is to create and enhance opportunities for sport fishing and
recreational boating at Cook Park dock replacement site. Improvements include: removing the
existing docks and installing new boarding docks.
Subrecipient or subcontractor: Please provide the following information.
1. Name of Organization:
2. Address and Congressional District of Organization:
Page 27 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
3. Address and Congressional District where work will be performed, if different from above
4. Organization UEI Number:
Note: If organization does not have a UEI number, it must register and obtain one at
http://fedgov.dnb.com/webform or by telephone at 1-866-705-5711. Registration is free.
5. Parent UEI Number, if a subsidiary or controlled by a Parent organization:
6. Check this box ❑ to certify Organization is registered in the System for Award Management
(SAM).
Note: If Organization is not registered in the SAM, it must register online at
https://www.sam.gov/SAM/ Registration is free.
7. Subcontractor NAICS Code (if prime award is a contract):
8. In the preceding fiscal year, did the Organization receive 80% of its annual gross revenues
from the Federal government?
(Circle one): Yes or No
If Yes, continue to question 9. if No, questionnaire is complete. Thank you!
9. In the preceding fiscal year, were the organization's annual gross revenues from the Federal
government more than $25 million annual?
(Circle one): Yes or No
If Yes, continue to question 10. If No, questionnaire is complete. Thank you!
10. Does the public have access to the names and total compensation of the subcontractor's five
most highly compensated officers through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986?
(Circle one: ) Yes or No
If no, continue to question 11. If yes, questionnaire is complete, no further information needed.
Thank you!
11. List the names and compensation of the subcontractor's five most highly compensated
officers:
Page 28 of 32
ODFW Sub-Grant#155-24
Funded by 53100-235007.00
Name Compensation
Name of Preparer:
Phone Number:
Position:
Page 29 of 32
ODFW Sub-Grant#155-24
Funded by 53100 —235007.00
EXHIBIT F
OREGON DEPARTMENT OF FISH AND WILDLIFE
Certification Regarding
Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier
Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, "Debarment and
Suspension", and 2 CFR Part 180 or 48 CFR 52.209-6.
By signing and submitting this form,the prospective lower tier participant is providing the certification set
out below.
(1) The prospective lower tier participant certifies, by submission of this form, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction byany Federal department or agency.
(2) The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
(3) The prospective lower tier participant shall provide immediate written notice to the person to which
this form is submitted if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
(4) The prospective lower tier participant agrees by submitting this form that, should the proposed
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
(5) The prospective lower tier participant further agrees by submitting this form that it will include the
clause titled "Debarment and Suspension,"without modification,in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
(6) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this form.
Full Organization Name:
Name and Title of Authorized Representative: Signature Date:
155-24
ODFW Agreement Number:
Page 30 of 32
ODFW Sub-Grant#155-24
Funded by 53100 -235007.00
EXHIBIT F continued
OREGON DEPARTMENT OF FISH AND WILDLIFE
Certification Regarding
Federal Debarment,Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered
Transactions
Instructions for Certification
(7) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this form is submitted for assistance in obtaining a copy of those regulations.
(8) A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that is not debarred,suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous.A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List (http://epls.gov).
(9) Nothing contained in the foregoing shall be constructed to require establishment of a system
of records in order to render in good faith the certification required by the clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
Page 31 of 32
ODFW Sub-Grant#155-24
Funded by 53100—235007.00
EXHIBIT G
ADMINISTRATIVE SUMMARY
RECIPIENT'S CONTACT INFORMATION:
Project Manager: Jeff Peck
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Telephone: 503-718-2466
Fax: 503-684-8840
Email: jeffp@tigard-or.gov
Contracts Officer: Laura Barrie
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Telephone: 971-727-6761
Fax: 503-684-8840
Email: laurab a(�tigard-or.gov
ODFW'S CONTACT INFORMATION:
Project Manager: Holly Huchko
Address: 4192 N. Umpqua Hwy
Roseburg,OR,97470
Telephone: (541)464-2185
Fax: (541)673-0372
Email: Holly.A.HuchkoPodfw.oregon.gov
Contracts Officer: Patty Whalen
Address: 4034 Fairview Industrial Drive SE
Salem, OR 97302-1142
Telephone: (503)979-6963
Fax: (503)947-6156
Email: Patty.L.WhalenPodfw.oregon.gov
Accounts Payable: Heather Archambault
Address: 4034 Fairview Industrial Drive SE
Salem, OR 97302-1142
Telephone: (503)947-6192
Fax: (503)947-6140
Email: Heather.Archambault@odfw.oregon.gov
Page 32 of 32
regon State Marine Board
r: _t_r;)
435 Commercial St NE,Suite 400
tt k Kate Brown,Governor PO Box 14145
Salem, OR 97309-5065
Main (503)378-8587
Fax (503)378-4597
June 12, 2024 www.BoatOregon.com
�pON
� r�i
* r
Rick Gruen, Recreation and Green Infrastructure Manager y+,�,, *`°
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
RE: Facility Grant 1730: Cook Park-Tualatin River
Replace Boarding Docks
Dear Mr. Gruen,
I am pleased to inform you that the State Marine Board approved $22,035.00 in dedicated
Boating Facility Grant and conditionally approved $51,465.00 in dedicated Waterway Access
Grant funds for the above referenced grant at the April 2024 meeting in Astoria, Oregon. The
Legislative Emergency Board approved our request to increase Waterway Access Fund
limitation on May 31, 2024.
Altogether, the Board approved or conditionally approved nearly $1.1 million for seven grants in
dedicated state and federal recreational boater funds. The total value of these motorized and
nonmotorized boating improvements is more than $2.75 million. Your project, along with the
other approved grants will help serve Oregon's boaters, encourage local tourism, and contribute
to local economies.
A grant agreement is attached for your signature. Please sign, scan and email to this office for
execution. An executed copy will be returned to you for your files. We are pleased to be able to
enter into this partnership with you and look forward to the successful completion of this project.
If you have any questions about this grant project contact Janine Belleque, Boating Facilities
Manager and Tribal Liaison at 503-877-7580 or email Janine.belleque@boat.oregon.gov
Sincerely,
Larry Warren
Director
CC: Senator Aaron Woods
Representative Ben Bowman
Jeff Peck, City of Tigard
Boating Facilities and Business Services
Enclosure
AIS-5605 4. B.
Business Meeting
Meeting Date: 08/13/2024
Length(in minutes): Consent Item
Agenda Title: SW Frewing Court Improvements
Authored By: Toni Riccardi
Presented By: Project Manager Ross Horton
Item Type: Motion Requested
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
EXPLANATION OF ISSUE
The purpose of this action is to obtain Local Contract Review Board approval of the SW Frewing Court Improvements
contract.
ACTION REQUESTED •
It is recommended that the Local Contract Review Board award the SW Frewing Court Improvements contract to
Turney Excavating in the amount of$271,673.00 and direct the City Manager to take the steps necessary to execute the
contract.
BACKGROUND INFORMATION
As part of Tigard's Pipeline Renewal and Replacement Program (PRRP),a comprehensive evaluation was completed on
every section of existing water main to determine risk of water main breakage throughout the Tigard Water System.The
water main on SW Frewing Court was determined to be at high risk of breakage and identified as a priority replacement.
Additionally,Tigard's Pavement Management Program (PMP) identified the pavement in SW Frewing Court to be in
poor condition and identified it for replacement. Because of these findings,the PRRP and PMP partnered to complete
the water main and pavement replacement as part of one construction project,with the costs being split between the
two programs.This project will replace approximately 195 feet of water main and reconstruct the roadway of SW
Frewing Court to its intersection with SW Ash Drive.The project will also adjust the road grade to make improvements
to the stormwater drainage in SW Frewing Court.Because of this partnership between the two programs, cost savings
will be realized by having one contractor complete the work,and disruption to the neighborhood will be kept to the
minimum amount possible.
The City issued an Invitation to Bid for the project on July 1,2024,with a notice published in the Daily Journal of
Commerce.The engineer's estimate for the project was$263,754.00. Four (4) bids were received and opened on
Thursday,July 18,2024,at 2:00 p.m.
•Turney Excavating $271,673.00
•Pacific Excavation $295,000.00
•Trench Line Excavation $337,110.80
•Brown Contracting; $324,765.00
The project team,including central contracting,completed a responsibility determination review of the bid in
accordance with ORS 279C.375,reviewed the bid for errors,and,after these reviews,determined that Turney
Excavating has submitted a responsible bid.Turney Excavating has no State of Oregon Construction Board violations
and is not on the Bureau of Labor and Industries ineligible list. Accordingly,it is recommended the city award the SW
Frewing Court Improvements contract to Turney Excavating in the amount of$271,673.00.
ALTERNATIVES & RECOMMENDATION
The Local Contract Review Board may reject this contract award recommendation and direct staff to rescope and
resolicit for the work.
ADDITIONAL RESOURCES
None
Fiscal Impact
Cost: $271,673.0
Budgeted(yes or no):Yes
Where budgeted?: FY 2025 CIP 96058 and 95001
Additional Fiscal Notes:
Additional Fiscal Notes:The project is split between CIP 96058 ($102,556.75) and CIP 95001 ($169,116.25). CIP
96058 is funded by the Water Fund. CIP 96058 is funded by the Street Maintenance Fund.The contract is within the
total construction budget of each respective FY 2025 CIP and does not represent any change to the overall project
budgets The Construction budget for both projects includes funds for construction on additional sections of pipe
and roadway in FY 2025.
Attachments
No file(s)attached.
AIS-5609 4. C.
Business Meeting
Meeting Date: 08/13/2024
Length (in minutes): Consent Item
Agenda Title: Street Striping Services Annual&On-Call Work
Authored By: Rosie McGown
Presented By: Nichole George,Project Manager
Item Type: Motion Requested
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
EXPLANATION OF ISSUE
The purpose of this action is to approve the Street Striping Services Annual& On-Call contract.
ACTION REQUESTED
It is recommended that the Local Contract Review Board award the Street Striping Services Annual and On-Call
contract to Specialized Pavement Marking,LLC with a maximum payable amount of$1,750,000 over an up to five-year
contract and direct the City Manager to take the steps necessary to execute the contract.
BACKGROUND INFORMATION
The annual Pavement Management Program (PMP) protects the city's investment in street infrastructure. Work under
this contract will include:
•Pavement markings refresh,yellow and white striping along major arterials,collectors,and a few residential
streets.
This is the second year of the Pavement Management Program,however,it is the first year we are proposing setting up
an annual on-call agreement. In the past,we partnered with Marion County Paint crews to pay for time& material for
striping. Their crews are more adept for county roadways with little traffic control.The traffic control required within
urban environments such as Tigard,makes striping too dangerous for the Marion County crew with their existing
equipment. With a contractor,there are options such as night work which allows the work to go faster with less impact
to our residents.This contract is being awarded in accordance with ORS 270A.205 and Tigard's PCR 10.087 allowing
the City to enter into a Permissive Cooperative Procurement if the original contract was awarded through an open and
impartial competitive process,using source section methods that are substantially equivalent to those identified in ORS
279 and Tigard's PCRs.
On April 29,2024,the City of Lake Oswego issued a request for proposals for street striping services annually and
on-call work. Specialized Pavement Marking,LLC proposed and was awarded a contract for the work. On August 5,
2024 the City of Tigard published a Notice of Intent to Award on the City website and in the Daily Journal of
Commerce,the deadline for submitting comments was August 12,2024.Accordingly,it is recommended the city award
a one (1)-year contract to Specialized Pavement Marking,LLC with the option to extend the contract for up to four(4)
additional one (1)-year terms,in an amount not to exceed$350,000 per year for a maximum possible amount of
$1,750,000.
ALTERNATIVES & RECOMMENDATION
The Local Contract Review Board may reject this contract award recommendation and direct staff to solicit for the
work.This will require additional staff time and costs and hinder the ability for the services to be completed during the
2024 summer road maintenance window.
ADDITIONAL RESOURCES
None
Fiscal Impact
Cost: $1,750,000
Budgeted (yes or no):Yes
Where budgeted?: FY 2025 CIP 95001
Additional Fiscal Notes:
CIP 95001 is funded by the Street Maintenance Fee.The annual contract amount is within the total construction
budget in the FY 2025 CIP and does not represent any change to the overall project budget.The construction budget
includes funds for additional roadway improvements in FY 2025. Cost is not to exceed$350,000 each year,up to
$1,750,000 over a possible maximum of 5 years,to be renewed annually.
Attachments
No file(s)attached
AIS-5610 4. D.
Business Meeting
Meeting Date: 08/13/2024
Length (in minutes): Consent Item
Agenda Title: Prosecutorial Attorney Services
Authored By: Rosie McGown
Presented By: Shelby Rihala, City Attorney
Item Type: Motion Requested
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
EXPLANATION OF ISSUE
The purpose of this action is to approve the Prosecutorial Attorney Services contract.
ACTION REQUESTED
Staff requests that Local Contract Review Board award a contract to Graves Legal Services,LLC in the amount of
$350,040.00 and direct the City Manager to take the steps necessary to execute the contract.
BACKGROUND INFORMATION
Tigard's municipal court hears approximately 140 attorney cases each year,most of which are photo radar cases,both
red light and speed.The prosecutorial attorney services contractor is responsible for prosecuting minor traffic
violations,municipal code violations,and other matters over which the municipal court has asserted jurisdiction.
Counsel must have knowledge of principles and practices of Oregon municipal law including photo radar statutes and
case law and Oregon vehicle code.
The city issued a Request for Proposal (RFP) for Prosecutorial Attorney Services on June 17,2024,with the notice
published in the Daily Journal of Commerce. Upon closing, the city received two (2) proposals.The proposers are as
follows,with a proposal score out of a possible 300:
•Graves Legal Services,LLC (280)
•The Law Office of Larry J.Blake,Jr. (242)
An evaluation committee composed of the City Attorney and staff from the Police Department and Municipal Court
scored the proposals based on the following criteria,as outlined in the RFP:
•Firm Qualifications&Approach (60%of total score)
•Cost Proposal (40% of total score)
Upon review,including asking clarifying questions to both proposers,the evaluation committee found Graves Legal
Services,LLC to be the top-ranking firm,scoring higher in both categories and representing cost savings from the
previous prosecutorial attorney service contract. As such,and in accordance with Tigard Public Contracting Rule
70.015.A.3.c,the City issued a Notice of Intent to Award and entered negotiations with Graves Legal Services,LLC.
The City and Graves Legal Services,LLC were able to reach an agreed upon scope and price. It is recommended the
city award a one (1)-year contract with the option to extend the contract for up to four(4) additional one (1)-year terms
to Graves Legal Services,LLC in an amount not to exceed$70,008.00 per year for a maximum possible amount of
$350,040.00.
ALTERNATIVES & RECOMMENDATION
The Local Contract Review Board may reject this contract award recommendation and direct staff to rescope and
resolicit for the work.
ADDITIONAL RESOURCES
None
Fiscal Impact
Cost: $350,040.0
Budgeted (yes or no):Yes
Where budgeted?: 600—Central Services Fund
Additional Fiscal Notes:
Prosecutorial Attorney Services are included in the City Attorney annual Legal Fees budget and the proposed
contract is within the FY25 budgeted amount.
Attachments
No file(s)attached.
AIS-5599 5.
Business Meeting
Meeting Date: 08/13/2024
Length (in minutes): 10 Minutes
Agenda Title: Legislative Public Hearing-Court of Record Ordinance
Authored By: Emily Oberdorfer
Presented By: Court Supervisor Holly Fenton
Item Type: Motion Requested
Ordinance
Public Hearing-Legislative
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
Approval of the proposed ordinance will start the process of making the Tigard Municipal Court a court of record.
ACTION REQUESTED
Adopt ordinance designating the Tigard Municipal Court as a Court of Record.
BACKGROUND INFORMATION
Council has requested exploring the possibility of becoming a Court of Record,which includes additional
documentation, storing,and retrieval of trials and arraignments. City teammates explored the considerations,cost,and
benefits to this change and recommend that Council move to transition Tigard Municipal Court to become a Court of
Record. Consultation with teammates in IT,Finance, and Police,and in conversation with the city's prosecutor has
highlighted broad support with no concerns. This transition would allow the Tigard Municipal Court to have a greater
level of transparency,a clear record,and the ability for cases on appeal to be heard at the Oregon Court of Appeals
instead of a new trial in circuit court.
ALTERNATIVES & RECOMMENDATION
Council could choose not to approve the ordinance and the Tigard Municipal Court would continue to not be a Court
of Record.
ADDITIONAL RESOURCES
Fiscal Impact
Fiscal Information:
The cost of maintaining a Court of Record is expected to cost$5,166 annually,which will be funded through
expense savings in FY25 and added to future budgets in FY26 going forward.
Attachments
Ordinance
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 24-
AN ORDINANCE DESIGNATING THE TIGARD MUNICIPAL COURT A COURT OF RECORD
WHEREAS,the Tigard Municipal Court is established by the Tigard City Charter; and
WHEREAS,the City of Tigard supports the principle of transparency in the judicial system; and
WHEREAS,recordings allow greater access to court proceedings;and
WHEREAS,access to court recordings increases the accountability of judges and courtroom participants;and
WHEREAS,the City wishes to make the Tigard Municipal Court a court of record,pursuant to ORS 221.342.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Court is hereby declared a court of record, effective September 16,
2024.
SECTION 2: A prosecution commenced in the Tigard Municipal Court before September 16, 2024 shall
be deemed a prosecution in a court not of record, notwithstanding that a part of the
prosecution may occur in Tigard Municipal Court after the effective date.
SECTION 3: The Tigard City Council authorizes the Tigard Municipal Court to take all steps necessary
to effectuate this ordinance,including filing a declaration with the Oregon Supreme Court,
pursuant to ORS 221.342(2).
SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By vote of all council members present after being read by number
and title only,this day of ,2024
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of ,2024.
Heidi Lueb,Mayor
Approved as to form:
ORDINANCE No. 24-
Page 1
City Attorney
Date
ORDINANCE No. 24-
Page 2
AGENDA ITEM No. 5 Date: August 13, 2024
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before the City Council on:
Legislative Public Hearing:
Court of Records Ordinance
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony becomes part of the public record and is openly
available to all members of the public. The names and city of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
AGENDA ITEM No. 5 Date: August 13, 2024
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
AIS-5602 6.
Business Meeting
Meeting Date: 08/13/2024
Length (in minutes): 20 Minutes
Agenda Title: Review and Discuss Community Feedback on the July 4 Drone Show
Authored By: Kent Wyatt
Presented By: Kent Wyatt, Communications Manager
Item Type: Update,Discussion,Direct Staff
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
The purpose of this item is to share community feedback on the July 4th Drone show.
ACTION REQUESTED
The city team recommends discussing the results of the survey,along with other feedback received by the Council.
Council may choose to begin discussions about the city's approach for July 4,2025.
BACKGROUND INFORMATION
Citing concerns about fires,loud noises scaring both people and pets,and environmental concerns, the City
Council agreed in February 2024 to host an inaugural drone show in lieu of the city's traditional fireworks display. More
than 10,000 community members attended the inaugural drone show.Attendees were asked to share their feedback on a
brief survey.
Key Insights:
Overall Experience: 45%rated the drone show as either "Good" or"Excellent"
Viewing Experience: 63%found the viewing experience to be "Excellent" or"Good".
Comparison to Traditional Fireworks: 41%felt the drone show was "Much Better","Better",or"About the Same"as a
fireworks show.
Many of the survey respondents shared comments about their experience at the drone show.
Positive Feedback:
•Some respondents found the drone show amazing and cutting-edge.
•Appreciation for moving away from noisy and wasteful traditional fireworks.
•Enjoyment of the drone show by some families more than fireworks.
•Great to see Tigard-specific elements in the show!
Negative Feedback:
•Some felt the drone show lacked the excitement ("punch") of traditional fireworks.
•For the cost,the show seemed short in duration.
•Too crowded,long lines for food and drinks.
•Traffic control was a problem.
Suggestions for Improvement:
•Desire for a longer show.
•Requests for better visibility and comfort.
•More food and drink options.
•Coordination between the drones and music.
The survey reveals a mix of positive and negative feedback on the drone show,with significant insights into areas of
improvement.The comments suggest enhancing the duration and overall excitement of the show while maintaining the
benefits of being less noisy and environmentally friendly compared to traditional fireworks.
Dates of Previous and Potential Future Considerations
Feb. 6,2024-Council directed city teammates to contract with Sky Elements on a drone show.
Feb. 13,2024- Council approved an $80,000 supplemental budget request from the Transient Lodging Tax, to secure
the July 4 drone light show date, and begin educating the community about our transition to a drone light show instead
of fireworks.
Public Involvement
We received 694 survey responses between July 4 and July 23;79% of respondents live in Tigard.The survey
opportunity was promoted on city communication channels (newsletters and social media) and in Tigard Life,Tigard
Times,and KOIN-TV.
Impacts (Community,Budget,Policies and Plans/Strategic Connection)
$80,000 from the city's transit lodging tax
ALTERNATIVES& RECOMMENDATION
Discuss community feedback and future July 4th celebrations.
ADDITIONAL RESOURCES
Attachments
Drone Show Survey
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