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City Council Packet - 09/24/2024 INi 4 Cin-of Tigard TIGARD Tigard Business Meeting —Agenda co TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY Revised 9/23/2024 to Add Agenda Item 2.B -Domestic Violence Awareness Month Proclamation MEETING DATE AND SEPTEMBER 24,2024-6:30 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. Go to this link to learn how to participate by video:September 24,2024 Council Meeting (https://www.tigard-or.gov/Home/Components/Calendar/Event/7097/372). 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. " City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY Revised 9/23/2024 to add Agenda Item No. 2.B - Domestic Violence Awareness Month Proclamation MEETING DATE AND TIME: SEPTEMBER 24,2024- 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. PROCLAMATIONS AND RECOGNITION A. PROCLAIM BANNED BOOKS WEEK: SEPTEMBER 22-28,2024 6:35 p.m. estimated time B. PROCLAIM OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—In Person D. Public Comment—Phone-In E. Public Comment—Video 4. CITY MANAGER REPORT 6:55 p.m. estimated time 5. TOWN CENTER DEVELOPMENT AGENCY: CONSIDERATION OF A DEVELOPMENT ASSISTANCE AGREEMENT 7:00 p.m. estimated time 6. COMMUNITY ORGANIZATION UPDATES-PROJECT HOMELESS CONNECT WASHINGTON COUNTY AND ASSIST(ASSERTIVE SSI SERVICE TEAM) 7:15 p.m. estimated time 7. IGA WITH WASHINGTON COUNTY FOR COMMUNITY CONNECTOR SHUTTLE STOP ENHANCEMENTS 7:40 p.m. estimated time 8. BRIEFING ON SAFE STREETS FOR ALL (SS4A)ACTION PLAN 8:10 p.m. estimated time 9. CONSIDER THE RENAMING OF STEVE STREET PARK AND RIVER TERRACE TOWN CENTER COMMUNITY PARK 8:40 p.m.estimated time 10. NON-AGENDA ITEMS 11. 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. 12. ADJOURNMENT 9:00 p.m.estimated time h • TIGARD Written Public Comment for the September 24, 2024 Tigard City Council meeting Topic: 1. Lindsey Voorhees Just Compassion Funding and TCAC Testimony Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Thursday, September 19, 2024 11:44 AM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION*City Council Public Comment Form City Council Public Comment Form Submission#: 3495225 IP Address: 73.96.138.219 Submission Date: 09/19/2024 11:43 Survey Time: 11 minutes,8 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 Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) Just Compassion Funding&TCAC Testimony Comments We reviewed the City Council meeting held on September 17, 2024. In Hu's recap of the TCAC meeting,we noticed he did not mention the two community member testimonies regarding concerns with the Just Compassion, EWC grant request.These concerns highlighted that Just Compassion had not met the grant criteria, but were awarded points anyway, loosely aligned to their increased shelter beds.Our understanding is that these Tigard shelter beds can be utilized by all of Washington County,given the agreement Just Compassion entered into in order to receive County funding for their Tigard campus.The concern being, how can we feel confident these shelter beds will reduce local,Tigard, homelessness?The only concern raised to Council was regarding committee and community members who advocated for more shelters and affordable housing projects on Bull Mountain.This highlights a point we have been sharing with Council. If there are"equity concerns,"it is implied that there is a reasonable concern these programs may have a negative impact on the surrounding community in which they are located.Therefore, it should be noted that these programs may indeed be high-risk to place in residential communities near private residences and places children frequent. It is unfortunate that community testimony at the TCAC meeting was left out of the recap to Council.When community members take time to engage in a government process,their concerns should be addressed,as well as shared with all City leaders responsible for making funding decisions for the projects of concern. We hope that in the future,constituent concerns are acknowledged and shared with all City decision-makers and stakeholders.Thank you for your time. Attachment Supporting Documents/Images Thank you, City of Tigard 1 37 AGENDA ITEM NO. 3.C. - PUBLIC COMMENT DATE: September 24, 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 -- 1 A i k 2cj e- `-pity + 0.,0 "i S fl ce.,1 l� 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 e- For Against ❑ Neutral ❑ &kG'0 , a el' 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 ❑ 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 ❑ 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 0 AIS-5623 2.A. Business Meeting Meeting Date: 09/24/2024 Length (in minutes): 5 Minutes Agenda Title: Proclaim Banned Books Week, September 22-28, 2024 Authored By: Halsted Bernard Presented By: Halsted Bernard,Director of Library Services Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: ...__, .. .. __.._� ..m.... m Information EXPLANATION OF ISSUE Mayor Lueb is being asked to issue the proclamation for Banned Books Week,September 22-28,2024,by Tigard Public Library Director Halsted Bernard. Banned Books Week was launched in 1982 in response to a sudden surge in the number of challenges to books in libraries,bookstores,and schools.Typically(but not always) held during the last week of September,the annual event highlights the value of free and open access to information and brings together the entire book community— librarians,educators,authors,publishers,booksellers, and readers of all types—in shared support of the freedom to seek and to express ideas. The next Banned Books Week will be held September 22-28,2024.The theme of this year's event is Freed Between the Lines. By focusing on efforts across the country to remove or restrict access to books,Banned Books Week draws national attention to the harms of censorship. ACTION REQUESTED Mayor Lueb is being asked to issue the proclamation for Banned Books Week,September 22-28,2024. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations September 26,2023 was the first date that Mayor Lueb declared Banned Books Week in Tigard. Public Involvement N/A Impacts (Community, Budget,Policies and Plans/Strategic Connection) There is no financial impact associated with issuing this proclamation. ALTERNATIVES& RECOMMENDATION Mayor Lueb could choose not to issue a proclamation for Banned Books Week. City teammates recommend its issuance. ADDITIONAL RESOURCES The American Library Association's Office for Intellectual Freedom provides resources on Banned Books Week at https://bannedbooksweek.org/. Attachments Proclamation i '11'';'-'4. .0 f y' 1 i,r� k 3 F -, '-',? :-; (,----.,-:,-,:-.;sL---J: 1, ,,•:,A.„,,,,-:,-,-,) s,� Tri: i ii SIN r. },. di i', . ,.4.—...„,'")‘,—.[:C....J' , v' ` A i 71, , is, _,e+ 1/4— j, 0 ni, (*v.;•,_1: itt I'-'''''-' ',....- '4: : 1 ' (1(:),Ic arta :„._.,,t.:.,.,:„._ .4, , , , lion ,;(F-'71, (- City of Tigard ,+ BANNED BOOKS WEEK SEPTEMBER 22—28, 2024 ``a I _ ,-; WHEREAS,the freedom to read is essential to our democracy,and reading is among our .t,,: I `f . .�,F ••,,,, v!, greatest freedoms;and s'i`'Mk INS`) 2)4; WHEREAS,privacy is essential to the exercise of that freedom,and the right to privacy is the s' • i right to open inquiry without having the subject of one's interest examined or scrutinized by 1". ;r;` others;and 7{ t A WHEREAS,the freedom to read is protected by our Constitution;and , - (%.`1, 7.. WHEREAS,some individuals,groups,and public authorities work to remove or limit access to I=e� 14,,,r, reading materials,to censor content in schools,to label"controversial"views,to distribute lists ;I� I Y of"objectionable"books or authors,and to purge libraries of materials reflecting the diversity of :i;. �' 1 E j, society;and 1,,E„,-,0,3, t WHEREAS,both govemmental intimidation and the fear of censorship cause authors who seek i' ...t- '-•-... :,_•••,.,•, to avoid controversy to practice self-censorship,thus limiting our access to new ideas;and {t;- ` ; WHEREAS,every silencing of a heresy,every enforcement of an orthodoxy,diminishes the toughness and resilience of American society and leaves it less able to deal with controversy .., and difference;and f » WHEREAS,Americans favor free enterprise in ideas and expression,and can be trusted to 1 -„ �t exercise critical judgment,to recognize propaganda and misinformation,and to make their own =y; decisions about what they read and believe,and to exercise the responsibilities that - '1,_,471 "-a. accompany this freedom;and l WHEREAS,intellectual freedom is essential to the preservation of a free society and a creative ,.., x_ : rklvi...;.- culture;and ', ' WHEREAS,conformity limits the range and variety of inquiry and expression on which our 4‘., democracy and our culture depend;and l y WHEREAS,the American Library Association's Banned Books Week:Celebrating the Freedom . .. » t 5 to Read is observed during the last week of September each year as a reminder to Americans I, to cherish their precious freedom;and -. t C WHEREAS,Banned Books Week celebrates the freedom to choose,or the freedom to ,. 04 It express,one's opinion even if that opinion might be considered unorthodox or unpopular and 3 stresses the importance of ensuring the availability of those unorthodox or unpopular ?►x' viewpoints to all who wish to read them. 1' ,tt I 4 I` NOW THEREFORE BE IT RESOLVED that, I,Tigard Mayor Heidi Lueb,proclaim y . • 11314 ` ' BANNED BOOKS WEEK t '. W.�:, SEPTEMBER 22-28, 2024 .E '.. S y " f ,, in the City of Tigard.I encourage the free people of Tigard to read freely and visit Tigard Public . - ", 1 * Library to enjoy materials representative of all the people in our society. - itit f i, L • Cr tip, At';';',‘. 4i. �E t l i r 1 A: i .r J" �Q Ili .7. ! / 1! ,,,6 -1 r---r ' opiamer I r,-: ,.. ,I:; ' / /Nr/ /•0 %..-1 Pel V/V/V/t/k/Olft/ 1* City of Tigard .,. wK ''ria Dated this 24thday of September, 2024 '-' IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Al a Tigard to be affixed. °- m ��,� I`, 44F Heidi Lueb,Mayor .4(';',` City of Tigard .i.+ 4.�: Attest: 4 y Id- I'" f, Carol A.Krager,City Recorder i1/44s. I til t ' t I,4 1_ ,," v I4 X k.. ' ty,F r '3 1.• c b1 ., w ' I '.." div to 1` , tI',. c . moi. .. 4± t4,, r s T; .� , .m i :'r a L-0.4-,..: r w a,.. � AIS-5636 2.B. Business Meeting Meeting Date: 09/24/2024 Length(in minutes): 10 Minutes Agenda Title: PROCLAIM OCTOBER 1-31,2024 AS DOMESTIC VIOLENCE AWARENESS MONTH Presented By: Police Detective Rinell and Police Community Engagement Coordinator Bauer Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Detective Rinell and Community Engagement Coordinator Bauer of the Tigard Police Department will give a staff report and request that October 1-31,2024 be proclaimed as Domestic Violence Awareness Month. ACTION REQUESTED Teammates request that Mayor Lueb proclaim October as Domestic Violence Awareness Month. BACKGROUND INFORMATION October is national Domestic Violence Awareness Month.Domestic violence effects our community.Nationally, 1 in 3 women, 1 in 4 men and 1 in 2 non-binary people in the US have experienced some form of physical violence by an intimate partner.Approximately 1 in 15 children are exposed to domestic violence every year,and nearly 50% of child abuse victims in Washington County have witnessed domestic violence in their homes. By raising awareness of this problem in our home community,we can promote prevention and ensure those effected by domestic violence have access to the resources they need. Dates of Previous and Potential Future Considerations This will be the fifth time Domestic Violence Awareness Month has been proclaimed in Tigard. Impacts Community Support ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES Domestic Violence Resource Center,Tigard Police Department Domestic Violence resource webpage Attachments Proclamation • C - �I- T .4w.. ,ic. -- 4,Vis. "R`.. li';.? Pte' '.y r 'L'� .. \ti,•,-!f I., L--7,i1. 4-'''',, ,,,,... (4 (11,,, .1 ,, ,,,,,,,„. _.,„,,,,,..: , „...o.„,,,„".,:_ Iii, ,,,.,,,,,,,,v„. :1_,... „_-. ..4f..1; . ; 1 ' / r oryto ,n : . „.,..i., ,..,. .... ......, ,...:1::..,_,,,,, . 4 «..,)c, ( / ) i / („o / ,,,,_ ..,,, ,... ...230.- „, ::4..iiiitiici4i. 7- City ofTigardlg. ,' �`ta) rtr y `1 7� -.tom i, ' Domestic Violence Awareness Month --' _ October 1 — 31, 2024 �`- lA, WHEREAS,domestic violence is a serious crime that affects individuals and families in every rte{ 1 `. community,regardless of age,gender,economic status,race or religion but often has a *,. disproportionate effect on communities and groups impacted by inequity;and ; -,, --" WHEREAS,domestic violence includes physical,emotional,social,sexual,spiritual, l'-'4-'.c‘' financial,and digital abuse;and can occur between family members,intimate partners and ''', i- ' within dating relationships;and `:` 4 (" 4 - WHEREAS,survivors of domestic violence often endure in silence,afraid to speak out or .; '"1 ` } r. seek help due to fear,shame,or the stigma attached to domestic abuse;and , I tr,• ' -� '� ',1y I WHEREAS, more than one in three women and one in four men in the United States report - havingexperienced domestic violence,stalking,sexual assault or physical assault byan i;I,. L a � p p Y 4:ft•', ., intimate partner during their lifetimes;and I , 4.1 ,% WHEREAS,domestic violence impacts vulnerable populations including children,as 1 i ,4' approximately 50%of Washington County children who are child abuse victims also live in '! + homes with domestic violence;and I1 9y,>4',; WHEREAS,domestic violence incidents are some of the most complex and dangerous -otit I It incidents that law enforcement respond to in our community,putting their lives at risk every -:"-`h day in the belief that a coordinated community response is necessary to support survivors, �'`' hold offenders accountable and work toward ending the cycle of violence;and WHEREAS,raising awareness about domestic violence is essential to breaking the cycle of k:'...,..i'.."1;:-n abuse,empowering survivors to seek support,and ensuring that they are met with e'.111'; <,,, `�' compassion and resources;and E. WHEREAS,it is vital to educate our community about the warning signs of domestic 1 ,.."- violence,the resources available for survivors,and the importance of creating a culture of a`• CA, € zero tolerance for violence;and .- '11'":s Fi WHEREAS,during Domestic Violence Awareness Month,we stand together as a community , 14*<41 �. _I 1-' -...,,),-----A' �, to support survivors,hold perpetrators accountable,and advocate for a future free from ',II ,;i s domestic violence;and i i ' F:- f WHEREAS,we honor the work of the many organizations such as the Domestic Violence 3 f Resource Center,advocates,and volunteers who are dedicated to providing shelter,crisis ,.,1-6.;) r " sy,-11/4.i hotlines,counseling,legal aid,and other critical services to survivors of domestic violence in the City of Tigard and Washington County;and I' ` "� s'h.. K r ..til f,,, _1 WHEREAS, by working together,we can increase awareness,promote prevention,and 4 r. £' f ( ensure that those affected by domestic violence have access to the resources they need tom.. ' l rebuild their lives; !:•'-'•?-,"--..- ` ,.� NOW,THEREFORE,I,Heidi Lueb, Mayor of the City of Tigard,do hereby proclaim October Ip 2024 as ' ,' -.._ ,._ t.. �1, 7 Domestic Violence Awareness Month e'i , , r : �^ 1r,. < F, .'-' 3i T , ,e.,,,..,. ,...,,,„„:„...,.. 1 ,/?.. } t �' i.,,' „.. y-' F if �I �• y ; 1�'"�-- `� `,u i7 .;. "• -4. v ac s,szil-,`* ,,�._.,, �'� .c .rp..j„91h,....,§7�`V L.:-..... 4 w'r � r ' !I d - :1, ."-: (":I.' I -f..,--..:‘"= =.''''''': 4' '.-•-s.;: ::::"...'. f / --'-' -'_'-----7, . -( ...':,'-'17: -.<:,--_.''1- Vi ::----.):.a;'.-' -_ V :,- ' '',.. '', ! ,i .. - -,.., i:., 17.1: ,", ".1,'.'5.1 N 1)'', - -'1,1''.4. k-/- n'..-.NI;. ,,r•- -<'4...)-.-^,...r.' 4t."- -A.,....,,:,,..,•, , -•',;t •,.1. , I;.'.....-.::;-•72— (iii\ ',,•,ilii:-.'!:. i --`..,,.,..;•;,.•--Ti iitt 4 , tii 2 (0,c roma , fo i . . , :......_•, :„..... T / / / / / ; / City 9j-Tigard i s •1:c: : ' 4,..,;,-., , : '..- ''',,,i'• 1 ---,,..‘,.:,•-'-'i ' -..-;.•k•••• I i' ----•'•• ' ;.44'.'' ' • • , ii, • __,. in Tigard,Oregon and I urge all community members to join in this observance by educating 1: ..•__ ..-.' ,..,.. ! themselves about the realities of domestic violence,supporting survivors in their journey to i•!i" ' .,,,t.-; • -2-A%',...---• safety and recovery,and committing to fostering a community where everyone can live free from fear and violence. I '. !-•''' - , L _, . ..,.„ , Dated this 24th day of September 2024 IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. .''',... 4•3,..7. i Heidi Lueb,Mayor • ./ ' City of Tigard Attest: -',•::•;-..- -.-1! i t-,;•,,,-_ .,f 1, Carol A.Krager,City Recorder 1 7."?.11.-'0.-set ; '1,1••••••., -,..- I "4,..;.--,•-:"1: .! -- ‘i, ! '','!,i‘Paii,-"':ri •!,•• -`7,,'' I r Artii,-- .......‘......„,,,It I '.',?•-..-..,_,-,—Z't 'fr '- .,-",1.,- ...;„,.., .,,,...4-..,. , ,!Irsii•-: ' ".•‘-(i'''i . ! :-,-„.4.,•••":-!: *I- ' ',-)'•‘'‘,2„ !•iir:". i!! -;,, '-,''.*.,i i •"&. ... i'l 1-,!ri -..:,....:,,. 1 -:,--,--r*•-,,,,,.-:: l'i•-•:- :-' r if:-- „I:, •4.,-- ---•;,3 '4,-;•'' --7-. ?..; t-.z.-.. • - .1,- 1 4,:i:, '.,.!.,:,,; PI.,'i/•?•••-illt ;;.•. -40-ii!' 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':ii„..--.....e.Vi.,..:::-.jle ','''''‘ •../11:':It - '..-.' -: '1 AIS-5619 5• Business Meeting Meeting Date: 09/24/2024 Length(in minutes): 20 Minutes Agenda Title: TCDA: Consideration of a Development Assistance Agreement Authored By: Sean Farrelly Presented By: Sean Farrelly Item Type: Motion Requested Resolution Town Center Development Agency Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Board of the Town Center Development Agency will consider a resolution authorizing the Executive Director of the Town Center Development Agency to sign a Development Assistance agreement with Just Compassion of East Washington County.The agreement will set the terms for$200,000 in development assistance to complete the new Access Center on SW Hall Blvd,as recommended by the Town Center Advisory Commission. ACTION REQUESTED Teammates request the Board consider the resolution. BACKGROUND INFORMATION Background Just Compassion is a non-profit organization providing services to houseless adults in Washington County.They are constructing a new Access Center on SW Hall Blvd,near Knoll Drive,that consists of an expanded Resource Center at 12280 SW Hall Blvd.in Tigard(South Building) and a new two-story building at 12260 SW Hall Blvd. (North Building). The new center will provide 60 congregate shelter beds with wrap-around services for those experiencing houselessness.The expanded Resource Center will provide counseling and mental health support,medical triage services,hygiene services,employment training and support,a commercial kitchen,overnight shelter,and temporary housing for those working to secure permanent housing.There will be a new security system and additional lighting installed for safety. Services will be provided for adults at these sites,with referrals given to families and youth to access nearby Washington County services.During severe weather events,the buildings can be configured to accommodate 50 additional overnight guests. The expected total project costs are$15.75 million: $12.4 million for the new building and$3.3 million for the expanded Resource Center.The North Building is currently under construction.The primary funding sources for the project are from Washington County ($10.5M) and the state-administered American Rescue Plan Act (ARPA) funds ($4M).Washington County will fund the program's ongoing operating expenses. Redevelopment Assistance Request Just Compassion initially requested$616,782 from the Town Center Development Agency's Redevelopment Assistance Program to meet a shortfall in their project budget.The city's development advisor reviewed the project's financial data and confirmed their project costs are higher than their project funding resources.The project shortfall can be attributed to costs related to required sidewalk and landscaping improvements on Hall Blvd. and Knoll Drive,as well as System Development Charges (SDCs). Unlike projects with agreements to provide affordable housing at 80 percent AMI or below for 20 years,this project is not exempt from Tigard's Parks and Tigard Transportation SDC's. The goal of the Redevelopment Assistance program is to incentivize and support private investment that furthers equity goals and maximizes community benefits.The scoring criteria for Redevelopment Assistance were designed to be guidelines for staff and the Board.The project meets program guidelines to qualify as housing.While congregate shelter beds aren't usually thought of as"residential units", 60 guests will be able to dine,bathe, store personal belongings,and sleep in the building,as well as receive needed services. Teammates recommended awarding Just Compassion$200,000,a reduction from their initial request.This is consistent with the budgeted$200,000 for Development Assistance in the FY24-25 City Center TIF fund.The grant would be used to pay a portion of the project's SDCs when they are due. Public Involvement Town Center Advisory Commission Recommendation June 12,2024 A representative from Just Compassion presented their project and grant request to the Town Center Advisory Commission.The TCAC deliberated and some members requested that Just Compassion spend additional time investigating alternative federal,state,regional,county,and private funding sources to meet their funding gap.The TCAC decided to postpone consideration until August. August 14,2024 Just Compassion reported that they investigated additional funding as requested but were unable to find available sources. Potential additional funds could be obtained through fundraising over the next few months. The TCAC deliberated and considered recommending a higher funding level,but ultimately concurred with city teammates and recommended$200,000 of assistance.Two recognized opponents of the project spoke against the funding during the public comment portion of the TCAC meeting.The recommended funding supports the TCAC's Affordable Housing and Houselessness area of emphasis in their 2023-2024 Strategic Plan—specifically,the strategy to "Support funding needs and development assistance available for shelter,transitional and affordable housing." Just Compassion gets their client referrals from Community Connect,Washington County's coordinated entry system. This system does not collect information about the city of origin from their clients, so there isn't data available to track the number of clients who previously lived or worked in Tigard. Impacts (Community,Budget,Policies and Plans/Strategic Connection) City Council Goals 2023-2025 Goal:Reduce Houselessness Tigard Strategic Plan 2020-2025 Strategic Priority 3:Ensure development and growth supports the vision. Objective 3.3:Understand the effects of development on vulnerable Tigard residents and mitigate these impacts within projects and over time. Tigard Comprehensive Plan Housing Goal 10.1 Provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents. Town Center Advisory Commission 2023-2024 Strategic Plan Area of Emphasis: Affordable Housing and Houselessness Strategy: Support for physical facilities and additional shelter space and services for persons experiencing houselessness. Development of additional shelter space and affordable housing through a consciously-integrated programmatic response that includes the city,public and private entities,and local housing nonprofits working effectively in Tigard to address that deficiency. ALTERNATIVES& RECOMMENDATION Alternatives:The Board could direct teammates to renegotiate provisions in the agreement. Recommendation:Agency teammates request the Board approve the resolution for the TCAC-recommended development assistance. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: $200,000 Budgeted(yes or no): Yes Where Budgeted(department/program):TCDA Additional Fiscal Notes: There is$200,000 for Development Assistance budgeted in FY25 City Center TIF fund. Attachments TCDA Resolution Exhibit A:Dev.Assistance Agreement Just Compassion PPT CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 24- A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO SIGN A DEVELOPMENT ASSISTANCE AGREEMENT WITH JUST COMPASSION FOR THE HALL BOULEVARD ACCESS CENTER WHEREAS, the City Council 2023-2025 Goals includes a goal to "Reduce Houselessnes,"and WHEREAS, the City of Tigard Strategic Plan 2020-2025 includes Objective 3.3 "Understand the effects of development on vulnerable Tigard residents and mitigate these impacts within projects and over time;" and WHEREAS, the Town Center Development Agency budget for FY 2024-25 includes funding for Redevelopment Assistance to make grants to incentivize and support private investment that furthers equity goals and maximizes community benefits; and WHEREAS, Just Compassion submitted an application for Redevelopment Assistance to construct a shelter in the City Center TIF District to serve people experiencing homelessness; and WHEREAS, the application meets the criteria for Development Assistance funding; and WHEREAS, the Town Center Advisory Commission has recommended approval of the assistance to the Board of the Town Center Development Agency; and WHEREAS, the Development Assistance Agreement sets out the terms and conditions for the Agency to make a $200,000 grant to pay for certain System Development Chagres the project will incur. NOW,THEREFORE, BE IT RESOLVED,by the Tigard Town Center Development Agency that: SECTION 1: The Executive Director is authorized to execute the Agreement,in substantially the form attached as Exhibit A, subject to final legal review. SECTION 2: The Executive Director may approve editing or similar changes to Exhibit A that do not materially alter the rights or responsibilities of the parties. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of , 2024. TCDA Resolution No. 24- Page 1 Chair—City of Tigard Town Center Development Agency ATTEST: Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 24- Page 2 EXHIBIT A DEVELOPMENT ASSISTANCE AGREEMENT THIS DEVELOPMENT ASSISTANCE AGREEMENT ("Agreement") is made this day of 2024 by and between the Town Center Development Agency, an ORS Chapter 457 urban renewal agency ("TCDA") and Just Compassion of East Washington County, an Oregon nonprofit public benefit corporation ("Just Compassion"). TCDA and Just Compassion may be referred to in this Agreement jointly as the "Parties" and individually as a "Party." RECITALS A. Just Compassion intends to develop property located at the intersection of SW Hall Boulevard and SW Knoll Drive in the City Center area ("Property") with an Access Center serving houseless individuals. B. TCDA has determined that the Project furthers many of its goals for the City Center area because it provides shelter for houseless individuals and provides equitable economic opportunities. C. TCDA has identified funds it will make available to developments like the Project and Just Compassion qualifies for the receipt of such funds. D. The Parties desire to enter into the Agreement for TCDA to provide development assistance to Just Compassion for the development of the Project and, specifically, to assist Just Compassion with the payment of the City of Tigard's system development charges applicable to the Project. E. The completion of the Project according to the terms of this Agreement is a material inducement to TCDA to enter into this Agreement. NOW,THEREFORE, in consideration of the public benefits to be created by the development of the Project and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: AGREEMENT 1. DEFINITIONS Certificate of Occupancy means the Certificate of Occupancy issued for the Project by the City of Tigard Community Development Department. City means the City of Tigard, a municipal corporation of the State of Oregon. OHCS means the State of Oregon acting by and through its Housing and Community Services Department. URA means the City Center Urban Renewal Area. 2. JUST COMPASSION PROJECT DEVELOPMENT 2.1 Subject to events and circumstances outside of Just Compassion's reasonable control,Just Compassion will use commercially reasonable efforts to begin and to complete development of the no later than December 31, 2025. Page 1 Development Assitance Agreement EXHIBIT A 2.2 This Agreement is not intended to be a contract providing for construction of the Project by TCDA either directly or through a contractor and Just Compassion is not developing the Project for or on behalf of TCDA or the City.Just Compassion is solely responsible for selecting a construction contractor for the Project. The rights and responsibilities of Just Compassion, the general construction contractor and any subcontractors,will be provided for in separate contracts to which TCDA is not a party. 3. TCDA FINANCIAL ASSISTANCE 3.1 TCDA will pay to Just Compassion up to $200,000.00, to cover the actual cost of the City of Tigard system development charges ("SDCs") applicable to the Project. For administrative convenience,TCDA shall make the payment directly to the City. Payment will be made when the SDCs are due and payable, as provided in Tigard Municipal Code 3.24. Notwithstanding the foregoing, the payment made to the City will be considered financial assistance to Just Compassion for the benefit of the Project.Just Compassion will use such financial assistance for the payment of the SDC fees. 3.2 In the event the City's SDCs applicable to the Project are less than $200,000,TCDA will pay to the City only the amount of the SDCs applicable to the Project and TCDA will have no further financial obligations under this Agreement. 3.3 As a condition to payment,Just Compassion will provide TCDA with evidence that the project has obtained a certificate of occupancy. 3.4 Subject to Section 2.1 above, this Agreement expires on December 31, 2025, after which time TCDA has no financial obligation to Just Compassion unless the Parties extend the term of this Agreement in writing. 4. REPRESENTATIONS, WARRANTIES, AND COVENANTS OF REACH To induce TCDA to enter into this Agreement,Just Compassion represents,warrants, and covenants as follows: 4.1 Existence. Just Compassion is a nonprofit public benefit corporation, duly organized and validly existing under the laws of the State of Oregon.Just Compassion will keep in force all licenses and permits necessary to the proper conduct of its ownership and operation of the Project. 4.2 Compliance with Laws. Just Compassion will comply with, or cause the Project to comply with, all laws, ordinances, statutes, rules, regulations, orders,injunctions, or decrees of any government agency or instrumentality applicable to Just Compassion, the Project, or the operation thereof, including (a) all applicable health and safety, environmental, and zoning laws, (b) all federal and state tax laws, and (c) all restrictions on the use, occupancy or operation of the Project. Page 2 Development Assitance Agreement EXHIBIT A 4.3 Authority.Just Compassion has full power and authority to conduct all of the activities that are now conducted by it or proposed to be conducted by it in connection with the Project and as contemplated by this Agreement, and to execute, deliver, and perform all obligations under this Agreement; and the person executing this Agreement on behalf of Just Compassion has the legal power, right and actual authority to bind Just Compassion to the terms and conditions of this Agreement. 4.4 Title. Just Compassion owns and holds (or will own and hold) good and marketable fee simple title to the Property. 4.5 Development Issues.Just Compassion is aware of no identifiable issue(s) that would preclude development of the Project or Just Compassion's ability to obtain sufficient financing for the construction or permanent ownership of the Project. 4.6 Binding Agreement. This Agreement and all documents required to be executed by Just Compassion are and will be valid, legally binding obligations of and enforceable against Just Compassion in accordance with their terms. 4.7 No Conflict with Other Agreements. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness,or any contract, indenture, mortgage, deed of trust,loan, partnership agreement,lease, or other agreements or instruments to which Just Compassion is a party. 4.8 Indemnity.Just Compassion will indemnify and hold TCDA,its directors, officers, employees and agents harmless from and against any and all liabilities, claims,losses, damages, or expenses (including attorney fees and title costs and expenses) which any of them may suffer or incur in connection with (a) the inaccuracy of any of the representations and warranties made herein, (b) any transaction contemplated by this, and (c) the construction or operation of the Project, except to the extent such liabilities, claims, losses, damages, or expenses arise solely from the gross negligence or willful misconduct of TCDA. 4.9 Additional Acts. From time to time,Just Compassion will execute and deliver all such instruments, provide such additional information, and perform all such other acts as TCDA may reasonably request to carry out the transactions contemplated by this Agreement. 4.10 Environmental Indemnity.Just Compassion will hold TCDA and its directors, officers, employees, agents, successors, and assigns harmless from,will indemnify them for, and will defend them against any and all losses, damages, liens, costs, expenses, and liabilities directly or indirectly arising out of or attributable to any violation of any Environmental Law or the use, generation,manufacture,production, storage, release, threatened release, discharge, disposal, or IPage 3 Development Assitance Agreement EXHIBIT A presence of a Hazardous Substance on, under, or about the land, including without limitation the costs of any required repair, cleanup, containment,or detoxification of the land, the preparation and implementation of any closure, remedial, or other required plans, attorney fees and costs (including but not limited to those incurred in any proceeding and in any review or appeal), fees,penalties, and fines. 4.10.1 For purposes of this section, "Environmental Law" means any federal, state, or local law, statute, ordinance, or regulation pertaining to Hazardous Substances (as defined below),health, industrial hygiene, or environmental conditions,including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended (42 USC §§ 9601-9675), and the Resource Conservation and Recovery Act of 1976 (RCRA), as amended (42 USC 6901-6992k). 4.10.2 For purposes of this section, "Hazardous Substance"includes without limitation any material, substance, or waste that is or becomes regulated or that is or becomes classified as hazardous, dangerous, or toxic under any federal, state, or local statute, ordinance, rule, regulation, or law. 5. EVENTS OF DEFAULT The occurrence of any one or more of the following will be an event of default ("Event of Default") under this Agreement: 5.1 Failure to Disclose Material Facts.Just Compassion deliberately fails to disclose any fact material to TCDA's provision of financial assistance, or upon discovery by TCDA of any misrepresentation by, or on behalf of, or for the benefit Just Compassion. 5.2 Non-Compliance with Governmental Regulations.Just Compassion fails to show evidence of full or substantial compliance with any lawful, material requirement of any governmental authority having jurisdiction over the Project or the Property within thirty days after notice in writing of such requirement is given to Just Compassion by TCDA or,if such compliance cannot be completed within such thirty (30)-day period through the exercise of reasonable diligence, the failure by Just Compassion to commence the required compliance within such thirty (30)-day period and thereafter to continue such compliance with diligence to completion. 5.3 Other Material Breach.Just Compassion otherwise materially breaches any term, covenant, condition,provision, representation, or warranty of under this Agreement and fails to cure such breach within thirty (30) days after notice in writing of such breach is given to Just Compassion by TCDA or,if such breach cannot be cured within such thirty (30)-day period through the exercise of reasonable diligence, the failure by Just Compassion to commence the required cure within such thirty (30)-day period and thereafter to continue such cure with diligence to completion. 6. DISPUTE RESOLUTION AND REMEDIES IPage 4 Development Assitance Agreement EXHIBIT A If a dispute arises under this Agreement,including an Event of Default, the Party claiming the existence of a dispute or Event of Default will provide written notification of the dispute or Event of Default to the other Party. A meeting will be held promptly between the Parties, attended by representatives of the Parties with decision making authority regarding the dispute or Event of Default to attempt in good faith to negotiate a resolution of the dispute or Event of Default. If the Parties are not successful in resolving a dispute or Event of Default within twenty-one (21) days, the Parties may pursue relief in a court of competent jurisdiction. Venue will be in the Washington County Circuit Court. 7. ASSIGNMENT AND TRANSFER PROVISIONS 7.1 Restrictions on Assignments. Except as provided in this Section 7,Just Compassion may not partially or wholly transfer Just Compassion's interest in this Agreement without the prior written approval of the TCDA,which may be withheld in TCDA's reasonable discretion. 7.2 Approved Transfers. Notwithstanding Section 7.1 above, and provided that Just Compassion provides TCDA with copies of all agreements related to the transfer,TCDA hereby consents to: 7.2.1 An assignment of Just Compassion's rights under this Agreement to any entity in which Just Compassion or an affiliate thereof owns a direct or indirect interest. 7.2.2 The collateral assignment of rights under this Agreement to any mortgagee. For purposes of this Section 7.2.2, "Mortgagee" means the holder of any mortgage, deed of trust, or instrument securing debt or equity obtained to finance the construction of the Project, together with any successor or assignee of such holder. TCDA will cooperate with Just Compassion and enter into commercially reasonable amendments to this Agreement if and as required by any lender, equity provider or financier providing equity or debt to the Project. 8. MISCELLANEOUS 8.1 Counterparts. This Agreement may be executed in any number of counterparts, and any single counterpart or set of counterparts signed,in either case, by all the parties hereto constitutes a full and original instrument, but all of which together constitutes one and the same instrument. 8.2 Notice. Any notice required or permitted under this Agreement will be in writing and deemed effective; (1) when actually delivered in person, (2) one business day after deposit with a commercial courier service for"next day" delivery, (3) two business days after having been deposited in the United States mail as certified or registered mail, or (4) when transmitted by facsimile answer back or receipt confirmed), addressed to the parties as follows: IPage 5 Development Assitance Agreement EXHIBIT A If to Just Compassion: Just Compassion of East Washington County 12280 SW Hall Blvd. Tigard, OR 97223 If to TCDA: Town Center Development Agency of the City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 with a copy to: City Attorney City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 8.3 Successors and Assigns. This Agreement is binding upon and will inure to the benefit of the Parties and their respective permitted successors and assigns. 8.4 Governing Law. This Agreement is governed by and construed under Oregon law. 8.5 Modification; Prior Agreements; Headings. This Agreement may not be modified or amended except by an instrument in writing signed by the Parties. This Agreement reflects and sets forth the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. The headings in this Agreement are for the purpose of reference only and will not limit or otherwise affect any of the terms hereof. 8.6 Validity; Severability. If any provision of this Agreement is held to be invalid, such event will not affect,in any respect whatsoever, the validity of the remainder of this Agreement, and the remainder will be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision. 8.7 Time of Essence. Time is of the essence of this Agreement. 8.8 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement will be of any force or effect unless in writing, be construed to be a continuing waiver, and be considered a waiver of any other rights of the Party making the waiver IPage 6 Development Assitance Agreement EXHIBIT A 8.9 No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby will be deemed or construed by the Parties, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between any of the Parties other than that of independent contracting parties. 8.10 Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement, by making this Agreement,TCDA is specifically not obligating itself, the City, or any other agency with respect to any discretionary action relating to development or construction of the Project, including, but not limited to, permits or any other governmental approvals which are or may be required, except as expressly set forth herein 8.11 No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary of this Agreement, and no person other than a Party has any right to enforce any term of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Executed in multiple counterparts as of the day and year above written. TOWN CENTER DEVELOPMENT AGENCY, an ORS 457 Urban Renewal Agency, By: Steve Rymer, Executive Director of the Town Center Development Agency of the City of Tigard Signed: APPROVED AS TO FORM: By: Shelby Rihala, City Attorney Just Compassion of East Washington County By: Signed: IPage 7 Development Assitance Agreement EXHIBIT A DEVELOPMENT ASSISTANCE AGREEMENT THIS DEVELOPMENT ASSISTANCE AGREEMENT ("Agreement") is made this day of 2024 by and between the Town Center Development Agency, an ORS Chapter 457 urban renewal agency ("TCDA") and Just Compassion of East Washington County, an Oregon nonprofit public benefit corporation ("Just Compassion"). TCDA and Just Compassion may be referred to in this Agreement jointly as the "Parties" and individually as a "Party." RECITALS A. Just Compassion intends to develop property located at the intersection of SW Hall Boulevard and SW Knoll Drive in the City Center area ("Property") with an Access Center serving houseless individuals. B. TCDA has determined that the Project furthers many of its goals for the City Center area because it provides shelter for houseless individuals and provides equitable economic opportunities. C. TCDA has identified funds it will make available to developments like the Project and Just Compassion qualifies for the receipt of such funds. D. The Parties desire to enter into the Agreement for TCDA to provide development assistance to Just Compassion for the development of the Project and, specifically, to assist Just Compassion with the payment of the City of Tigard's system development charges applicable to the Project. E. The completion of the Project according to the terms of this Agreement is a material inducement to TCDA to enter into this Agreement. NOW,THEREFORE, in consideration of the public benefits to be created by the development of the Project and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: AGREEMENT 1. DEFINITIONS Certificate of Occupancy means the Certificate of Occupancy issued for the Project by the City of Tigard Community Development Department. City means the City of Tigard, a municipal corporation of the State of Oregon. OHCS means the State of Oregon acting by and through its Housing and Community Services Department. URA means the City Center Urban Renewal Area. 2. JUST COMPASSION PROJECT DEVELOPMENT 2.1 Subject to events and circumstances outside of Just Compassion's reasonable control,Just Compassion will use commercially reasonable efforts to begin and to complete development of the no later than December 31, 2025. IPage 1 Development Assitance Agreement EXHIBIT A 2.2 This Agreement is not intended to be a contract providing for construction of the Project by TCDA either directly or through a contractor and Just Compassion is not developing the Project for or on behalf of TCDA or the City.Just Compassion is solely responsible for selecting a construction contractor for the Project. The rights and responsibilities of Just Compassion, the general construction contractor and any subcontractors,will be provided for in separate contracts to which TCDA is not a party. 3. TCDA FINANCIAL ASSISTANCE 3.1 TCDA will pay to Just Compassion up to $200,000.00, to cover the actual cost of the City of Tigard system development charges ("SDCs") applicable to the Project. For administrative convenience,TCDA shall make the payment directly to the City. Payment will be made when the SDCs are due and payable, as provided in Tigard Municipal Code 3.24. Notwithstanding the foregoing, the payment made to the City will be considered financial assistance to Just Compassion for the benefit of the Project.Just Compassion will use such financial assistance for the payment of the SDC fees. 3.2 In the event the City's SDCs applicable to the Project are less than $200,000,TCDA will pay to the City only the amount of the SDCs applicable to the Project and TCDA will have no further financial obligations under this Agreement. 3.3 As a condition to payment,Just Compassion will provide TCDA with evidence that the project has obtained a certificate of occupancy. 3.4 Subject to Section 2.1 above, this Agreement expires on December 31, 2025, after which time TCDA has no financial obligation to Just Compassion unless the Parties extend the term of this Agreement in writing. 4. REPRESENTATIONS, WARRANTIES, AND COVENANTS OF REACH To induce TCDA to enter into this Agreement,Just Compassion represents,warrants, and covenants as follows: 4.1 Existence. Just Compassion is a nonprofit public benefit corporation, duly organized and validly existing under the laws of the State of Oregon.Just Compassion will keep in force all licenses and permits necessary to the proper conduct of its ownership and operation of the Project. 4.2 Compliance with Laws. Just Compassion will comply with, or cause the Project to comply with, all laws, ordinances, statutes, rules, regulations, orders,injunctions, or decrees of any government agency or instrumentality applicable to Just Compassion, the Project, or the operation thereof,including (a) all applicable health and safety, environmental, and zoning laws, (b) all federal and state tax laws, and (c) all restrictions on the use, occupancy or operation of the Project. IPage 2 Development Assitance Agreement EXHIBIT A 4.3 Authority.Just Compassion has full power and authority to conduct all of the activities that are now conducted by it or proposed to be conducted by it in connection with the Project and as contemplated by this Agreement, and to execute, deliver, and perform all obligations under this Agreement; and the person executing this Agreement on behalf of Just Compassion has the legal power, right and actual authority to bind Just Compassion to the terms and conditions of this Agreement. 4.4 Title. Just Compassion owns and holds (or will own and hold) good and marketable fee simple title to the Property. 4.5 Development Issues.Just Compassion is aware of no identifiable issue(s) that would preclude development of the Project or Just Compassion's ability to obtain sufficient financing for the construction or permanent ownership of the Project. 4.6 Binding Agreement. This Agreement and all documents required to be executed by Just Compassion are and will be valid,legally binding obligations of and enforceable against Just Compassion in accordance with their terms. 4.7 No Conflict with Other Agreements. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness, or any contract,indenture, mortgage, deed of trust,loan, partnership agreement, lease, or other agreements or instruments to which Just Compassion is a party. 4.8 Indemnity.Just Compassion will indemnify and hold TCDA,its directors, officers, employees and agents harmless from and against any and all liabilities, claims,losses, damages, or expenses (including attorney fees and title costs and expenses) which any of them may suffer or incur in connection with (a) the inaccuracy of any of the representations and warranties made herein, (b) any transaction contemplated by this, and (c) the construction or operation of the Project, except to the extent such liabilities, claims, losses, damages, or expenses arise solely from the gross negligence or willful misconduct of TCDA. 4.9 Additional Acts. From time to time,Just Compassion will execute and deliver all such instruments, provide such additional information, and perform all such other acts as TCDA may reasonably request to carry out the transactions contemplated by this Agreement. 4.10 Environmental Indemnity.Just Compassion will hold TCDA and its directors, officers, employees, agents, successors, and assigns harmless from,will indemnify them for, and will defend them against any and all losses, damages, liens, costs, expenses, and liabilities directly or indirectly arising out of or attributable to any violation of any Environmental Law or the use, generation, manufacture,production, storage, release, threatened release, discharge, disposal, or IPage 3 Development Assitance Agreement EXHIBIT A presence of a Hazardous Substance on, under, or about the land, including without limitation the costs of any required repair, cleanup, containment, or detoxification of the land, the preparation and implementation of any closure,remedial, or other required plans, attorney fees and costs (including but not limited to those incurred in any proceeding and in any review or appeal), fees,penalties, and fines. 4.10.1 For purposes of this section, "Environmental Law" means any federal, state, or local law, statute, ordinance, or regulation pertaining to Hazardous Substances (as defined below),health, industrial hygiene, or environmental conditions,including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended (42 USC 55 9601-9675), and the Resource Conservation and Recovery Act of 1976 (RCRA), as amended (42 USC 55 6901-6992k). 4.10.2 For purposes of this section, "Hazardous Substance"includes without limitation any material, substance, or waste that is or becomes regulated or that is or becomes classified as hazardous, dangerous, or toxic under any federal, state, or local statute, ordinance, rule, regulation, or law. 5. EVENTS OF DEFAULT The occurrence of any one or more of the following will be an event of default ("Event of Default") under this Agreement: 5.1 Failure to Disclose Material Facts.Just Compassion deliberately fails to disclose any fact material to TCDA's provision of financial assistance, or upon discovery by TCDA of any misrepresentation by, or on behalf of, or for the benefit Just Compassion. 5.2 Non-Compliance with Governmental Regulations.Just Compassion fails to show evidence of full or substantial compliance with any lawful, material requirement of any governmental authority having jurisdiction over the Project or the Property within thirty days after notice in writing of such requirement is given to Just Compassion by TCDA or,if such compliance cannot be completed within such thirty (30)-day period through the exercise of reasonable diligence, the failure by Just Compassion to commence the required compliance within such thirty'(30)-day period and thereafter to continue such compliance with diligence to completion. 5.3 Other Material Breach.Just Compassion otherwise materially breaches any term, covenant, condition, provision, representation, or warranty of under this Agreement and fails to cure such breach within thirty (30) days after notice in writing of such breach is given to Just Compassion by TCDA or, if such breach cannot be cured within such thirty (30)-day period through the exercise of reasonable diligence, the failure by Just Compassion to commence the required cure within such thirty (30)-day period and thereafter to continue such cure with diligence to completion. 6. DISPUTE RESOLUTION AND REMEDIES IPage 4 Development Assitance Agreement EXHIBIT A If a dispute arises under this Agreement, including an Event of Default, the Party claiming the existence of a dispute or Event of Default will provide written notification of the dispute or Event of Default to the other Party. A meeting will be held promptly between the Parties, attended by representatives of the Parties with decision making authority regarding the dispute or Event of Default to attempt in good faith to negotiate a resolution of the dispute or Event of Default. If the Parties are not successful in resolving a dispute or Event of Default within twenty-one (21) days, the Parties may pursue relief in a court of competent jurisdiction. Venue will be in the Washington County Circuit Court. 7. ASSIGNMENT AND TRANSFER PROVISIONS 7.1 Restrictions on Assignments. Except as provided in this Section 7,Just Compassion may not partially or wholly transfer Just Compassion's interest in this Agreement without the prior written approval of the TCDA,which may be withheld in TCDA's reasonable discretion. 7.2 Approved Transfers. Notwithstanding Section 7.1 above, and provided that Just Compassion provides TCDA with copies of all agreements related to the transfer,TCDA hereby consents to: 7.2.1 An assignment of Just Compassion's rights under this Agreement to any entity in which Just Compassion or an affiliate thereof owns a direct or indirect interest. 7.2.2 The collateral assignment of rights under this Agreement to any mortgagee. For purposes of this Section 7.2.2, "Mortgagee" means the holder of any mortgage, deed of trust, or instrument securing debt or equity obtained to finance the construction of the Project, together with any successor or assignee of such holder. TCDA will cooperate with Just Compassion and enter into commercially reasonable amendments to this Agreement if and as required by any lender, equity provider or financier providing equity or debt to the Project. 8. MISCELLANEOUS 8.1 Counterparts. This Agreement may be executed in any number of counterparts, and any single counterpart or set of counterparts signed,in either case, by all the parties hereto constitutes a full and original instrument, but all of which together constitutes one and the same instrument. 8.2 Notice. Any notice required or permitted under this Agreement will be in writing and deemed effective; (1) when actually delivered in person, (2) one business day after deposit with a commercial courier service for"next day" delivery, (3) two business days after having been deposited in the United States mail as certified or registered mail, or (4) when transmitted by facsimile answer back or receipt confirmed), addressed to the parties as follows: IPage 5 Development Assitance Agreement EXHIBIT A If to Just Compassion: Just Compassion of East Washington County 12280 SW Hall Blvd. Tigard, OR 97223 If to TCDA: Town Center Development Agency of the City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 with a copy to: City Attorney City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 8.3 Successors and Assigns. This Agreement is binding upon and will inure to the benefit of the Parties and their respective permitted successors and assigns. 8.4 Governing Law. This Agreement is governed by and construed under Oregon law. 8.5 Modification; Prior Agreements; Headings. This Agreement may not be modified or amended except by an instrument in writing signed by the Parties. This Agreement reflects and sets forth the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. The headings in this Agreement are for the purpose of reference only and will not limit or otherwise affect any of the terms hereof. 8.6 Validity; Severability. If any provision of this Agreement is held to be invalid, such event will not affect,in any respect whatsoever, the validity of the remainder of this Agreement, and the remainder will be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision. 8.7 Time of Essence. Time is of the essence of this Agreement. 8.8 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof,of any obligation of the other Party or any condition inuring to its benefit under this Agreement will be of any force or effect unless in writing, be construed to be a continuing waiver, and be considered a waiver of any other rights of the Party making the waiver IPage 6 Development Assitance Agreement EXHIBIT A 8.9 No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby will be deemed or construed by the Parties, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between any of the Parties other than that of independent contracting parties. 8.10 Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement, by making this Agreement,TCDA is specifically not obligating itself, the City, or any other agency with respect to any discretionary action relating to development or construction of the Project, including,but not limited to, permits or any other governmental approvals which are or may be required, except as expressly set forth herein 8.11 No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary of this Agreement, and no person other than a Party has any right to enforce any term of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Executed in multiple counterparts as of the day and year above written. TOWN CENTER DEVELOPMENT AGENCY, an ORS 457 Urban Renewal Agency, By: Steve Rymer, Executive Director of the Town Center Development Agency of the City of Tigard Signed: APPROVED AS TO FORM: By: Shelby Rihala, City Attorney Just Compassion of East Washington County By: Signed: Page 7 Development Assitance Agreement Z 0 (04 � Z m Cog6:1Cgam W m cr3 E Z O Ut —2 w 03 d imn co p y y v Imo y 03 .- V3 a- = 03 y "C7 CCS 03 E =CL, C2 a i v = 1.60 G3 Aid .- 4:411 =C3 y 1,3 . = y ice.. '� •• y 3 i CC y Clar2 E �' Ca Ca a y = y O y = O = CO h CO CZ CO O E O. 0 CQ = !!Z v IC3 Q + CZ O = C p, .22n � C, O sm. O = .1=1C O M F CO Z .iff:401,1 gammagiaisrairilloraisillyilir 4 ' ° ilifftwi' 4' t.4 .«.,. Pi& ' .-`1111:•• .." '1 r.' 41; . . . • ..., . ., ... .!.• ..,, . . - ..1 iir,• , ..•7440 ! :: 1__: ,;&,..'4.:4,. 1111600H, ,7111(.171:.,,,-:,,i;1,:.1,0,,,i....: :::.,,,,'„,::,,,,:r;.-,'-': 4. . ... — ...,.) ;Ls),.... 6.. •Y' if ......‘,„:, ,,,,tiir• ..•—, ),...%,.. ... , No z. , •,,,,4. . 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Business Meeting Meeting Date: 09/24/2024 Length(in minutes): 20 Minutes Agenda Title: Community Organization Update Authored By: Lindsay Bartholomew Presented By: Kim Marshall and Mellani Calvin Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Community organizations serving the Tigard area are invited to give presentations before Council and share their program offerings and a brief overview of what they provide for the community.This month we are featuring:Project Homeless Connect Washington County and ASSIST(Assertive SSI Service Team). ACTION REQUESTED This is an update only. No action is requested. BACKGROUND INFORMATION Project Homeless Connect Washington County-Presenter:Kim Marshall The City of Tigard awarded this organization$3,800 towards their"One Day Event."The event offers multifaceted benefits to Tigard residents and businesses, spanning economic,artistic,and cultural realms. Economically,by providing free services such as dental care,vision screenings,and employment connections,the event can alleviate financial burdens for residents,potentially stimulating local spending and bolstering economic activity within the community.Additionally,bilingual staff and volunteers will be present onsite to provide language accessibility, ensuring that all attendees can fully engage with and benefit from the services and resources offered at the event.This approach fosters an environment of respect,understanding,and inclusivity,where individuals from various cultural backgrounds feel valued and supported on their paths towards stability and self-reliance. ASSIST (Assertive SSI Service Team) Presenter:Mellani Calvin The City of Tigard awarded this organization$6,000 for Social Services.This organization interrupts the downward spiral often experienced by people who become disabled as adults.They help severely disabled,low-income individuals gain access to monthly Social Security disability benefits. Securing this regular income improves health as people become eligible for housing programs, can afford nutritious food,and have the stability that allows them to regularly access healthcare. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments `� 111 Z1���TT ice, j/ e. � O/P0/73 0 n e- Day -vent 4g_ h1p�iein 6 SUPPLEMENTAL AL PACKE 1T PROJECTHOMELESS DATA OVERVIEW F®R • �1c� CONNECT DATE QF M%EETING) WASHINGTON COUNTY PARTICIPANTS: 129 TOTAL Close to a quarter of our participants considered Tigard as their primary place of residency.Other top cities y/1 OA included Hillsboro (37%), Beaverton (24%), Forest Grove (5%), Portland (2%),and Tualatin (2%). WHERE DID THEY SLEEP THE NIGHT BEFORE? 22.6% 29.3% ■ in their car, tent, or on the street ■ In shelter At a family or friend's Mil In their own place The amount of people in shelters and housing shows 8.3% that these programs throughout the county are working! 39.8% GENDER Female 42.6% 8/1 .5% Male 52.7% Non-binary ' 1.6% Transgender ■ 3.1% Prefer not to say 0% PARTICIPANTS RECEIVING BENEFITS 80% 80% of our participants disclosed they are currently receiving SSI,OHP,SNAP,TANF, ERDC,or other benefits receive Benefits This is a good sign; most individuals have already been helped to connect to these services. RACE AND ETHNICITY Other Multiracial 15.4% Black/African American AND White 3.1% American Indian/Alaska Native AND White 4.6% American Indian,Alaska Native, or Indigenous 6.9% White 62.3% Black,African American, or African 5.4% t 24% SERVICE PROVIDERS: 31 TOTAL We had a wide range of services and resources at the event.The most popular stations included Haircuts, Chiropractic Care, Free Phones from Cricket Wireless, Mental Health/Addiction Recovery agencies, Phase 1 assessments with housing agencies, and the Clothing Closet. •• : sr./ g ,3 Gr111.111' e DONATED ITEMS: $2,095 PNW Dream Homes brokered by Exp. Realty LLC hosted an incredible coat drive with the support of Tonkin Hillsboro • Chevrolet, Forest Grove Police,and generous community ti members. We received 95 winter coats, many of them brand new! IPIP4111 IMO W. SPONSORS: 1 NW Natural illd " a- 1-� '_. //12/2/ Beaverton1 PROJECT = HOMELESSONE DAY EVENT CONNECT 411"r WASHINGTON COUNTY Sunset Cnurcn 7 '4444"-- "Ilig-C. 'CT PARTICIPANTS: 300 TOTAL 42% of participants consider Beaverton their home, 26% Hillsboro, 12% Portland, 9% Tigard, it /f 7 6% Forest Grove, and 3% largely from rural areas of Washington County. Beaverton Pesidents 18.2% 27.5% WHERE DID YOU SLEEP THE NIGHT BEFORE? ■ in their car, tent, or on the street ■ In shelter At a family or friend's 1111 In their own place 0 15.3% 39% PARTICIPANTS RECEIVING BENEFITS 80% 80%of participants disclosed they receive SSI, OHP, SNAP,TAN F,or IMIIII other benefits DISABILITY/MENTAL HEALTH - a ilir.""Pir . S AKilichlwAis '!. r CD/ED , , mi,I, . _. . I, ''‘ All 00 ii ira04'i, - i - _Ise L k F- i loot _. I l t 9% ,- Have a physical 66 The day felt smooth/easy going. Nothing felt chaotic distil lllty or out of place. We were able to talk to a lot of people about our services and make great connections. This feels like such a safe place/judgment free zone for people inquiring about services. RACE AND ETHNICITY GENDER Latinx Prefer not to say 18.5% �_, --.z, 3.4% Prefer Not to Say }'syr , ' �ds 3.2% y., -. , White Multiracial 50,9% Male NE Bs Female 12.5% 44.3% MOM 51.5% NH/PI Mbillar 1.4% Al/AN/Indigenous ilr 4.3% Black 7.5% SERVICE PROVIDERS: 60 TOTAL We had a wide range of services and resources at the event. Haircuts, dental care, OHP navigation, veterinary/grooming services, chiropractic, acupuncture, and housing services were all very popular. Harm reduction, mental health/addiction support, employment services, and social service enrollment reported connecting with lots of folks. 95 8 16 14 45 Haircuts Vision appts Chiropractic Pet Grooming Pet Vaccines 93 200+ 200+ 60 20 Dental Assisted with Assisted with OHP Blood pressure Acupuncture Procedures housing checks � _1- ,. i SPONSORS: 11 �' �� t ,z Sunset vilit. _ f I Church �; meyer pacific�`� • , ,, MEMORIAL TRUST V) �.r ) E University ie ■ `,y ` _ Benfield \ Oregon r __ ,:: FOUNDATION , , , Beaverton �3.� `� �: � �� �� THE GREAT GREEK CENTURY DENTAL L Illi /Ltealt¢r,aHaan GJrtU .11 NNW Naturar �..M ) 1 � .r 1_ TATE JOURHEY -4,-RELIEF DENTAL ` ---- ----P TIGARD ONE PROJECT DAY EVENT HOMELESS CONNECT Free services under one roof for one WASHINGTON COUNTY day. All are welcome! 4 Costco Gas Station g JOANN Fabric and Crafts ]1)I 0 Fri., Nov. 8th, 2024 SaveOn JOANk swwy¢gst n Craft Textiles Costco Wholesale 0 from 9 am - 3 p m DCardboard Diamonds do p'< Open g%zeda Week- S,co ds' Trading Card Store --''''',e„ Value VilIageQ Oregon Mobility ('Sr /� O a0mldy'Operated- 9 N W Christian Church: �` OregonMobiltySot- Tyler's Automotive Locanono-ryin-OD Shawn Gardner Dancing M.G.A Delis 13405 SW H a I I Blvd Automotive Since Tyler .Shawn Ongmdlly$49 Jd/;�'4 Lowe 3''''''' �Sr Imptf ryy Tigard, O R 97223 Burge ville y se;:ing with ;�'s, Lave Since 1461 '''y Gard Burnham Busiress js &Storage ., 0 Pots.` ' ,: HAW, Bus Routes: 76 (SW Tigard Skatepark % ry9,n s Fenno 4:1111.11Z2 Hall &W a I I/O m a r a) F- Creek Northwest Christian o"a - Church-Tigard Campus .v . SERVICES • ; I `I OFFERED t ' _. , ' - ..I. • Haircuts � � Mental Health & • Vaccinations Addiction Support lilbk: .k • Housing & Shelter • Warm food Assessments i -- kr Clothing Closet rA I it_ • OHP Information • And More! WWW. PHCWC. ORG ® @PHCWC INFO @ P H C W C. O R G 0 @PROJ ECTHOMELESSCONN ECTWC -,••• 4"i L. a) N >4 i -c v c C 3 ' ' E O l) \t¢ .a) E E 0_ �;: A. N c O O '� ,,,L. •. , 1 O st cO1 ....., 0 . , O O '''' .4% ".. .•, • � OW � Z n W ,. ,.) , ZO i,--.4 2ZCz9 0 \ OOx 0) id; ac6c c c u� tx v O a� aI0 E o � .o - M N 0 E a P O O C . c Ln C O o o O O _ N Q u O > •U D .� a ur CD ,15 M `o u --(-) (13 Ei U ^, E .c U M U Ol J IWIgUI CD 0 0 0 ....• . .. 0 c _ ...... .... ..... .„. .... ,__ _.. IE m v a c m .N oo cu - O O CU -6 a CcU O `- •Ovi 4-,0 r E c v o v u E _lc 0_ ,, v) ,mom CO va — O � c c .� a; 141011 a _c 0 vo a v c o c OC �0 � 414) a Cfla N E -0 a o (4 :� (Y > > NM 4J (ll r i O ON r- � N $ r— 5,' = -a 00 � Q. L- 4-) co C o a) �. 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Business Meeting Meeting Date: 09/24/2024 Length(in minutes): 30 Minutes Agenda Title: IGA with Washington County for Community Connector Shuttle Stop Enhancements Authored By: Courtney Furman Presented By: Principal Engineer Courtney Furman,Reza Farhoodi,Washington County Sr. Planner&John Whitman,Planning Supervisor at Ride Connection Item Type: Motion Requested Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE An IGA with Washington County is required for the Community Connector Shuttle Stop Enhancements Project to establish maintenance responsibilities between the two agencies.This project is being led and delivered by Washington County in partnership with Ride Connection.Ride Connection is a private non-profit organization whose mission is to provide accessible,responsive,transportation alternatives. The new King City to Tualatin Community Connector will provide a shuttle service between King City and the Tualatin WES station along Durham Road,with improved access to Tigard High School and Summerfield.The project will include new signage for stops on Durham Road at Summerfield Drive, 10Eth Avenue,98th Avenue,Tigard High School (88th Avenue), 8300 Block Durham Road,79th Avenue,and Upper Boones Ferry Road.The project also includes a new landing pad at Tigard High School (eastbound). Implementing these stop improvements will help increase accessibility and overall community awareness of the new service. ACTION REQUESTED Approval of the IGA with Washington County in support of the project. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations In 2023,Washington County was awarded a Statewide Transportation Improvement Fund(STIF) Discretionary Grant in partnership with Ride Connection from the Oregon Department of Transportation (ODOT) to make improvements to community connector shuttle stops in Washington County. Public Involvement Ride Connection has conducted public outreach for the King City-Tualatin shuttle service.Additionally,public outreach was done as part of Washington County's Transit Development Plan,including working with the Tigard-Tualatin Youth Advisory Council members for the Countywide Transit Study.The new service responds to feedback which indicated a need for better access to the high school. Impacts (Community,Budget,Policies and Plans/Strategic Connection) The King City to Tualatin Community Connector shuttle supports the city's adopted Strategic Plan priorities related to walkability and equity. Further,the project will support the adopted 2023-2025 Tigard City Council Goal to "Enhance Community Safety&Accessibility." ALTERNATIVES & RECOMMENDATION Approval of the IGA with Washington County is recommended. If the IGA is not approved,then the project will not be able to make improvements within Tigard. ADDITIONAL RESOURCES None Attachments IGA Presentation INTERGOVERMENTAL AGREEMENT (IGA) Between WASHINGTON COUNTY and CITY OF TIGARD This Agreement (IGA) is hereby made and entered into by and between Washington County, a political subdivision of the State of Oregon, hereinafter referred to as the COUNTY, acting by and through its elected officials, and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "CITY." RECITALS 1. Oregon Revised Statutes (ORS) Chapter 190.010 confers authority upon local governments to enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform. 2. ORS 184.751 establishes the Statewide Transportation Improvement Fund ("STIF Discretionary Fund"), which appropriates funds to the Oregon Department of Transportation to finance investments and improvements in public transportation services. 3. The STIF Discretionary Fund is intended to improve public transportation services for current and potential future Oregon transit users by distributing moneys to transit providers. STIF Discretionary Funds are not intended to supplant local funding sources currently directed to public transportation service providers. 4. COUNTY is authorized to receive STIF Discretionary Funds and provide public transportation services in and around Washington County, Oregon. 5. Ride Connection, a private non-profit organization whose mission is to provide accessible, responsive, transportation alternatives, contracts with Washington County to provide community connector service within the TriMet service boundary, as well as service in the rural area outside the TriMet service boundary. 6. GroveLink, a community connector service in Forest Grove, is operated by Ride Connection. 7. Cornelius Link, a community connector service in Forest Grove and Cornelius, is operated by Ride Connection. 8. Tualatin Shuttle, a community connector service in Tualatin, Tigard and King City, is operated by Ride Connection. 9. North Hillsboro Link, a community connector service in Hillsboro, is operated by Ride Connection. 10. westLink, a community connector service in rural Washington County, connecting Forest Grove, Banks, North Plains and Hillsboro is operated by Ride Connection. 11. The COUNTY, in 2023, was awarded a STIF Discretionary Grant in partnership with Ride Connection to make improvements to community connector shuttle stops in Washington County. 12. The COUNTY seeks to install community connector shuttle stop improvements, as described in Attachment A (hereinafter referred to as the Project), within the CITY. 13. COUNTY and CITY desire to cooperate and enter into this Agreement to allocate responsibilities for funding, construction, operation and maintenance of Project as described below. AGREEMENT NOW, THEREFORE, the premises being in general as stated in the foregoing recitals and in consideration of the terms, conditions and covenants set forth below, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS 1.1 . COUNTY shall perform, or cause to be performed, all actions necessary to design and construct the Project described in Attachment A. COUNTY shall be responsible to correct any defects, not caused by CITY's maintenance, that appear in the Project within a period of one year from the date of Project completion. 1.2. COUNTY shall design and construct the Project entirely within CITY right- of-way. 1.3. COUNTY shall be responsible for all costs associated with the design construction and inspection of the Project. 1.4. COUNTY shall, upon completion of the Project, as approved by the CITY upon inspection, transfer ownership of the capital assets associated with the Project to the CITY in accordance with OAR 732-044-0050. 1.5. The signs installed as part of the Project shall not be considered capital assets nor transferred to the CITY but shall remain the property of the County. The County shall be responsible for maintenance, repair and replacement of the signs, including all related sign infrastructure, as required or as determined necessary by the County. 1.6. COUNTY shall comply with all statutory requirements and the requirements of the STIF Discretionary grant agreement as outlined in the IGA entered into by and between COUNTY and Oregon Department of Transportation (#35614) (the "ODOT IGA"), attached hereto and by this referenced is fully incorporated herein as Attachment B. 2. CITY OBLIGATIONS 2.1 . CITY shall allow COUNTY and COUNTY's agents and contractors to enter and occupy the CITY right-of-way for the purpose of taking all actions necessary to complete the design and construction of the Project. 2.2. CITY shall upon completion of the Project, as approved by the CITY upon inspection and except for as provided in Section 1.4, assume ownership of the capital assets associated with the Project. 2.3. CITY shall adhere to the stipulated conditions included in the STIF Discretionary grant agreement as outlined in the ODOT IGA, in Attachment B. 2.4. CITY shall ensure the capital assets transferred to the CITY and associated with the Project are available to be used for the provision of public transportation services for the useful life of the capital assets, which shall be 10-years. 2.5. CITY shall ensure the capital assets transferred to the CITY and associated with the Project are maintained in a state of good repair, free of defects, except as provided in Section 1.1, and graffiti, such that the stop and surrounding area is in usable, safe operating condition. County shall be responsible for any damage or performance/workmanship defects that occur during construction as provided in Section 1.1 2.6. CITY shall provide a written report annually to COUNTY by June 30 documenting the condition of capital assets transferred to the CITY during the term of this agreement, as provided in Attachment C. 2.7. CITY shall perform, or cause to be performed, all actions necessary to repair or replace capital assets transferred to the CITY and associated with the Project as needed in accordance with Section 2.5 above. 3. TERM OF AGREEMENT The term of this agreement shall begin upon the date of execution and shall be for a period of 10-years after completion of the Project or June 30, 2036, which ever is earlier, unless earlier terminated or extended as provided herein. 3.1 No later then one hundred eighty (180) days prior to the natural expiration of this agreement, either Party may give notice to the other Party of the notifying Party's desire to extend or terminate the agreement. 3.2 Within thirty (30) days of receipt of notice to extend or terminate, the Party receiving notice shall provide the other party of its intent to agree or object to an extension or termination. 3.3 If the Parties agree to extend the term, the new term shall commence on the day following the date of expiration of the proceeding term and the new term shall be subject to all the terms and conditions of this Agreement unless otherwise agreed to in writing as provided by Section 4.4. The Parties shall execute an amendment setting forth the new term and any other provisions, if any. 3.4 If the Parties agree to not extend the term or terminate this agreement, this agreement shall terminate as provided in this Section 3. In the event of termination, the Parties agree in good faith to undertake all actions necessary to wind up this agreement. 3.5 This Agreement will automatically terminate upon termination of the ODOT IGA in Attachment B. This Agreement may otherwise be terminated by the Parties upon mutual agreement or upon material breach by the other Party after notice and a 60-day opportunity to cure. Notwithstanding the foregoing, if the event causing default cannot be cured within the 60-day period, then the defaulting party shall not be in default if it commences good faith efforts to cure within the 60-day period, demonstrates continuous efforts to cure the event of default satisfactory to both parties, and, within a reasonable period not to exceed one hundred eighty (180) days after the event of default, completes the cure of such event. 4. GENERAL TERMS AND CONDITIONS 4.1. LAWS OF OREGON The parties shall comply with all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapter 279A and 279C to be included in public contracts are incorporated and made a part of this Agreement as if fully set forth herein. 4.2. DEFAULT Time is of the essence in the performance of the Agreement. Either party shall be deemed to be in default if it fails to comply with any provisions of this Agreement. The non-defaulting party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. 4.3. INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party, and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 4.4. MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both parties. 4.5. DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 4.6. REMEDIES Subject to the provisions in Section 4.5, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The parties, by signature of their authorized representatives below, consent to the personal jurisdiction of that court. 4.7. EXCUSED PERFORMANCE In addition to the specific provisions of this Agreement, performance by any party shall not be in default where delay or default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of GOD, governmental restrictions imposed on or mandated by governmental entities other than the parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance that are not within the reasonable control to the party to be excused. The Party seeking non-performance under this section shall provide notice to the other party as soon as practicable. 4.8. SEVERABILITY If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in any way. 4.9. INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. 4.10. ADDITIONAL TERMS AND CONDITIONS COUNTY's use of STIF Discretionary Funds is subject to the ODOT IGA, a copy of which has been made available to the Parties prior to execution of this Agreement and is attached as Attachment B. In the event that the ODOT IGA is amended in a manner that materially changes a Party's obligations under this Agreement, the Parties agree to negotiate, in good faith, to amend this Agreement to address such changes. If the Parties are unable to agree to amendment to this Agreement, then any Party may terminate pursuant to the provisions set forth in Section 3 of this Agreement. 4.11. COMMUNICATIONS All communications between the parties regarding this Agreement shall be directed to the parties' respective Project Managers as indicated below. Communications required under this Agreement or otherwise substantively impacting the Project or this Agreement shall be made in writing. Washington County: City of Tigard Dyami Valentine Courtney Furman Washington County City of Tigard 155 N. First Avenue MS13 13125 SW Hall Boulevard Hillsboro, OR 97124 Tigard, OR 97223 503-846-3821 503-718-2442 Dyami_valentine@washingtoncountyor.gov Courtney.furman@tigard-or.gov [SIGNATURES ON FOLLOWING PAGE] DATED this day of , 2024. CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON Steve Rymer, City Manager Dani Ledezma, Assistant County Administrator ATTEST: RECORDING SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: COUNTY COUNSEL ATTACHMENT A MAP OF PROPOSED STOP ENHANCEMENT PROJECTS WITHIN CITY OF TIGARD AS OF AUGUST 2024 • C Q z z ++ V iii '4, 5 N O }.J o o LL g `o J 0 s ,;-.' � r O CU /U^�1 ,�Nj Q1 f— }moi Cn 00 N p ' ° apt I-= A 00 CGA 0 W Z a) L N O L E , Ci N dJ O E J + /O1 O VI E D T "a E a O U �✓ Yf� �L W O N N O D n J J - U - ++ U c o J •C C -C (Q O (LS : • V C C m C co rn L - y t .CC N •- c CttO Q _Cc 0.0 O C •if a C C > D (\,..(/�Z�m g E a y E ' N %c cCO C s_ V) V1 V) (J1 V) (n a U U U o o s. CO L • 1 `� tWI ( 4 f ~ I— U (1 I `° ° a 0:-‘7....1 075 N any PNZL MS E v, m � —�'� � i p m �Q0o � CO LL .�� Vaa Ns) • 1 w �..it. m lift. gla1 1 0 -F Em C° i Y ca w ' M O m * CO m Q PMS IIeH MS .._i L 1 a i i Q1 om v / = O w i U - I- d$ a 10 r ,� � m 1 .0 S any uolaj MS 2 i 7 0 00 I o r � ' 1 1 E5 I J •i 1� °' m �' 1 w CL 0�pril„ '!`dVIS ,L E m °� % .r %may o E o ♦j 40 tf, *lb••• `% ''-- ;me0o0W duIWeld I`Argna0',AD( )Z4sl..01d uo4l+1100sueipomuueld i6sonwIl5um\fry(j ,Pu\slu we c ATTACHMENT B EXECUTED AGREEMENT #35614 BETWEEN WASHINGTON COUNTY AND OREGON DEPARTMENT OF TRANSPORTATION DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Misc. Contracts and Agreements Agreement No. 35614 STATE 23-1317 PUBLIC TRANSPORTATION DIVISION OREGON DEPARTMENT OF TRANSPORTATION This Agreement is made and entered into by and between the State of Oregon, acting by and through its Department of Transportation, Public Transportation Division, hereinafter referred to as "State," and Washington County, hereinafter referred to as "Recipient," and collectively referred to as the "Parties." AGREEMENT 1. Effective Date. This Agreement shall become effective on the later of July 1, 2023 or the date when this Agreement is fully executed and approved as required by applicable law. Unless otherwise terminated or extended, grant funds under this Agreement shall be available for project costs incurred on or before June 30, 2025 (the "Expiration Date"). No grant funds are available for any expenditures after the Expiration Date. State's obligation to disburse grant funds under this Agreement shall end as provided in Section 10 of this Agreement. 2. Agreement Documents. This Agreement consists of this document and the following documents, all of which are attached hereto and incorporated herein by reference: Exhibit A: Project Description and Budget Exhibit B: Financial Information Exhibit C: Subagreement Insurance Requirements and Recipient Insurance Requirements In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows, listed from highest precedence to lowest precedence: this Agreement without Exhibits; Exhibit A; Exhibit B; Exhibit C. 3. Project Cost; Grant Funds. State shall provide Recipient an amount not to exceed $216,908.00 (the "Grant Funds"). Recipient acknowledges and agrees that State may change the amount of funds available under this Agreement, based on availability of funds and other factors as determined by State, upon notification to Recipient in accordance with Section 11.g of this agreement. Recipient will be responsible for all Project costs not covered by the Grant Funds. 4. Project. The Grant Funds shall be used solely for the project described in Exhibit A (the "Project") and shall not be used for any other purpose. No Grant Funds will be disbursed for any changes to the Project unless such changes are approved by State by amendment pursuant to Section 11.d hereof. 5. Progress Reports. . Recipient shall submit quarterly progress reports to State no later than 45 days after the close of each quarterly reporting period. Reporting periods are July through September, October through December, January through March, and April through June. Reports must be in a format acceptable to State and must be entered into the Oregon Public Transit Information System (OPTIS), which may be accessed at https://www.oregon.gov/ odot/RPTD/Pages/index.aspx. If Recipient is unable to access OPTIS, reports must be sent to ODOTPTDReporting@odot.state.or.us. Reports shall include a statement of revenues and expenditures for each quarter, including documentation of local match contributions and expenditures. State reserves the right to request such additional information as may be necessary to comply with federal or state reporting requirements. 6. Disbursement and Recovery of Grant Funds. a. Disbursement Generally. State shall reimburse eligible costs incurred in carrying out the Project, up to the Grant Funds amount provided in Section 3. Reimbursements shall be made by State within 30 days of State's approval of a request for reimbursement from Recipient using a format that is acceptable to State. Requests for reimbursement must be entered into OPTIS or sent to ODOTPTDReporting@odot.state.or.us. Eligible costs are the reasonable and necessary costs incurred by Recipient, or under a subagreement Page 1 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 described in Section 9 of this Agreement, in performance of the Project and that are not excluded from reimbursement by State, either by this Agreement or by exclusion as a result of financial review or audit. b. Conditions Precedent to Disbursement. State's obligation to disburse Grant Funds to Recipient is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: i. State has received funding, appropriations, limitations, allotments or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to make the disbursement. ii. Recipient is in compliance with the terms of this Agreement. iii. Recipient's representations and warranties set forth in Section 7 hereof are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. iv. Recipient has provided to State a request for reimbursement using a format that is acceptable to and approved by State. Recipient must submit its final request for reimbursement following completion of the Project and no later than 60 days after the Expiration Date. Failure to submit the final request for reimbursement within 60 days after the Expiration Date could result in non-payment. v. Any audit findings relating to Recipient's use of funds under this Agreement or any other agreement with State have been resolved. c. Recovery of Funds. i. Recovery of Misexpended Funds or Nonexpended Funds. Any funds disbursed to Recipient under this Agreement that are either (i) disbursed but unexpended as of the Expiration Date ("Unexpended Funds") or (ii) expended in violation or contravention of one or more of the provisions of this Agreement ("Misexpended Funds") must be returned to State. Recipient shall return all Misexpended Funds to State no later than 15 days after State's written demand. Recipient shall return all Unexpended Funds to State within 15 days after the earlier of expiration or termination of this Agreement. ii. Recovery of Funds upon Termination. If this Agreement is terminated under either Section 10(a)(i) or Section 10(a)(v) below, Recipient shall return to State all funds disbursed to Recipient within 15 days after State's written demand for the same. 7. Representations and Warranties of Recipient. Recipient represents and warrants to State as follows: a. Organization and Authority. Recipient is duly organized and validly existing under the laws of the State of Oregon and is eligible to receive the funds. Recipient has full power, authority, and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Recipient of this Agreement(1) have been duly authorized by all necessary action of Recipient and (2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Recipient's Articles of Incorporation or Bylaws, if applicable, (3) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Recipient is a party or by which Recipient or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Recipient of this Agreement. b. Binding Obligation. This Agreement has been duly executed and delivered by Recipient and constitutes a legal, valid and binding obligation of Recipient, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. c. No Solicitation. Recipient's officers, employees, and agents shall neither solicit nor accept gratuities, favors, or any item of monetary value from contractors, potential contractors, or parties to subagreements, except as permitted by applicable law. No Page 2 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1 OCB5 Agreement No. 35614 member or delegate to the Congress of the United States or State of Oregon employee shall be admitted to any share or part of this Agreement or any benefit arising therefrom. d. No Debarment. Neither Recipient nor its principals is presently debarred, suspended, or voluntarily excluded from any federally-assisted transaction, or proposed for debarment, declared ineligible or voluntarily excluded from participating in this Agreement by any state or federal agency. Recipient agrees to notify State immediately if it is debarred, suspended or otherwise excluded by any state or federal agency or if circumstances change that may affect this status, including without limitation upon any relevant indictments or convictions of crimes. The warranties set in this section are in addition to, and not in lieu of, any other warranties set forth in this Agreement or implied by law. 8. Records Maintenance and Access; Audit. a. Records, Access to Records and Facilities. Recipient shall make and retain proper and complete books of record and account and maintain all fiscal records related to this Agreement and the Project in accordance with all applicable generally accepted accounting principles, generally accepted governmental auditing standards and state minimum standards for audits of municipal corporations. Recipient shall require that each of its subrecipients and subcontractors complies with these requirements. State, the Secretary of State of the State of Oregon (Secretary), the United States Department of Transportation (USDOT), the Federal Transit Administration (FTA) and their duly authorized representatives shall have access to the books, documents, papers and records of Recipient that are directly related to this Agreement, the funds provided hereunder, or the Project for the purpose of making audits and examinations. In addition, State, the Secretary, USDOT, FTA and their duly authorized representatives may make and retain excerpts, copies, and transcriptions of the foregoing books, documents, papers, and records. Recipient shall permit authorized representatives of State, the Secretary, USDOT and FTA to perform site reviews of the Project, and to inspect all vehicles, real property, facilities and equipment purchased by Recipient as part of the Project, and any transportation services rendered by Recipient. b. Retention of Records. Recipient shall retain and keep accessible all books, documents, papers, and records that are directly related to this Agreement, including, without limitation, records relating to capital assets funded by this Agreement, the funds or the Project for a minimum of six (6) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following the Expiration Date. If there are unresolved audit questions at the end of the six-year period, Recipient shall retain the records until the questions are resolved. c. Expenditure Records. Recipient shall document the expenditure of all Grant Funds disbursed by State under this Agreement. Recipient shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit State to verify how the funds were expended. d. Audit Requirements. i. Recipient shall, at Recipient's own expense, submit to State, Public Transportation Division, 555 13th Street NE, Suite 3, Salem, Oregon, 97301-4179 or to ODOTPTDreporting©odot.state.or.us, a copy of, or electronic link to, any annual audit covering the funds expended under this Agreement by Recipient or a party to any subagreement with Recipient, as well as the annual audit of any subrecipient(s), contractor(s), or subcontractor(s) of Recipient responsible for the financial management of funds received under this Agreement. ii. Recipient shall save, protect and hold harmless State from the cost of any audits or special investigations performed by the Secretary with respect to the funds expended under this Agreement. Recipient acknowledges and agrees that any audit costs incurred by Recipient as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under this or any other agreement between Recipient and State. Page 3 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 This section 8 shall survive any expiration or termination of this Agreement. 9. Recipient Subagreements and Procurements a. Subagreements. Recipient may enter into agreements with sub-recipients, contractors or subcontractors (collectively, "subagreements") for performance of the Project. i. All subagreements must be in writing executed by Recipient and must incorporate and pass through all of the applicable requirements of this Agreement to the other party or parties to the subagreement(s). Use of a subagreement does not relieve Recipient of its responsibilities under this Agreement. ii. Recipient shall require all of its contractors performing work under this Agreement to name State as a third-party beneficiary of Recipient's subagreement with the contractor and to name State as an additional or "dual" obligee on contractors' payment and performance bonds. iii. Recipient shall provide State with a copy of any signed subagreement, as well as any other purchasing or contracting documentation, upon request by State. This Paragraph 9.a.iii. shall survive expiration or termination of this Agreement. iv. Recipient must report to State any material breach of a term or condition of a subagreement within ten (10) days of Recipient discovering the breach. b. Subagreement indemnity; insurance. i. Recipient's subagreement(s) shall require the other party to such subagreements(s) that is not a unit of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless State and its officers, employees and agents 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 the other party to Recipient's subagreement or any of such party's officers, agents, employees or subcontractors ("Claims"). It is the specific intention of the Parties that the State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the State, be indemnified by the other party to Recipient's subagreement(s) from and against any and all Claims. ii. Any such indemnification shall also provide that neither Recipient's subrecipient(s), contractor(s) nor subcontractor(s) (collectively "Subrecipients"), nor any attorney engaged by Recipient's Subrecipient(s), shall defend any claim in the name of the State or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State may, at any time at its election, assume its own defense and settlement in the event that it determines that Recipient's Subrecipient is prohibited from defending State or that Recipient's Subrecipient is not adequately defending State's interests, or that an important governmental principle is at issue or that it is in the best interests of State to do so. State reserves all rights to pursue claims it may have against Recipient's Subrecipient if State elects to assume its own defense. iii. Recipient shall require the other party, or parties, to each of its subagreements that are not units of local government as defined in ORS 190.003 to obtain and maintain insurance of the types and in the amounts provided in Exhibit C to this Agreement. Recipient may specify insurance requirements of its contractor(s) above the minimum insurance requirements specified in Exhibit C. Recipient shall verify its contractor(s) meet the insurance requirements in Exhibit C. c. Procurements. Recipient shall make purchases of any equipment, materials, or services for the Project under procedures that comply with Oregon law, as applicable, including all applicable provisions of the Oregon Public Contracting Code (Oregon Revised Statutes (ORS) Chapters 279 A, B and C) and rules, ensuring that: i. Recipient shall make purchases of any equipment, materials, or services for the Project under procedures that comply with Oregon law, as applicable, Page 4 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 including all applicable provisions of the Oregon Public Contracting Code and rules. Procurements of rolling stock, facilities and personal services for any amount, and all procurements for an amount greater than $100,000 must be approved by State prior to solicitation. ii. Recipient shall complete all purchases, including installation, and all construction of capital assets funded under this Agreement prior to the Expiration Date of this Agreement. If local circumstances prevent purchase, installation, or construction by the specified date, Recipient will notify State in writing of the circumstances regarding the delay. Such notification must be received at least forty-five (45) days prior to the expiration of the Agreement. Agreement amendment for time will be considered in extenuating circumstances. d. STIF Procurements Pursuant to Oregon Administrative Rule (OAR) 732-044-0050(6) Recipient shall: i. Establish useful life standards for capital assets acquired pursuant to STIF Discretionary grant agreements which meet or exceed the duration of those established by State. ii. Use State's published procedures or substantially similar procedures and ensure that Sub-Recipients use the same procedures for the disposition of capital assets acquired with STIF funds. iii. Retain the net proceeds from a sale or other disposition of a capital asset to reinvest in a future STIF capital project or return the net proceeds to State. Net proceeds are the disposal proceeds less original value, depreciation, and disposal costs. If non-STIF funds were used in the original purchase, only the proportion representing the STIF contribution to the purchase is subject to this rule. iv. Establish written procedures to ensure that a capital asset is maintained in safe operating condition. v. Maintain insurance coverage, or require Sub-Recipients to maintain insurance coverage that meets or exceeds the standards in Oregon Revised Statutes (ORS) 806.070. vi. Ensure that vehicles purchased in whole or in part with STIF funds are titled with the Oregon Department of Transportation Driver and Motor Vehicle Service Division pursuant to ORS 803.045 and supporting rules, with ODOT Public Transportation Division listed as a security interest holder, subject to the following additional requirements: a. If the vehicle is registered in the name of a Sub-Recipient receiving the vehicle, and the Sub-Recipient is not a Qualified Entity (OAR 732-040-005(26)) or Public Transportation Service Provider (OAR 732-040-005(25)), then the Qualified Entity or Public Transportation Service Provider must be listed on the vehicle title as the primary security interest holder. b. If the vehicle was purchased with federal funds in addition to STIF funds, and the federal funding source requires the vehicle to be titled otherwise than provided in this rule, then the federal titling requirements prevail. e. Conflicts of Interest. Recipient's public officials shall comply with Oregon's government ethics laws, ORS 244.010 et seq., as those laws may be subsequently amended. 10. Termination a. Termination by State. State may terminate this Agreement effective upon delivery of written notice of termination to Recipient, or at such later date as may be established by State in such written notice, if: i. Recipient fails to perform the Project within the time specified herein or any extension thereof or commencement, continuation or timely completion of the Page 5 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 Project by Recipient is, for any reason, rendered improbable, impossible, or illegal; or ii. State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement; or iii. Federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement; or iv. The Project would not produce results commensurate with the further expenditure of funds; or v. Recipient takes any action pertaining to this Agreement without the approval of State and which under the provisions of this Agreement would have required the approval of State. b. Termination by Recipient. Recipient may terminate this Agreement effective upon delivery of written notice of termination to State, or at such later date as may be established by Recipient in such written notice, if: i. Upon notification to State of its desire to withdraw from eligibility to receive the funds and providing to State a reason acceptable to State for the withdrawal; or ii. If federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement. c. Termination by Either Party. Either Party may terminate this Agreement upon at least ten days' notice to the other Party and failure of the other Party to cure within the period provided in the notice, if the other Party fails to comply with any of the terms of this Agreement. 11. General Provisions a. Contribution. 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 ("Third Party Claim") against State or Recipient with respect to which the other Party may have liability, the notified Party must 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 a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which State is jointly liable with Recipient (or would be if joined in the Third Party Claim ), State 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 Recipient in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the Recipient on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Recipient on the other hand 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. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. With respect to a Third Party Claim for which Recipient is jointly liable with State (or would be if joined in the Third Party Claim), Recipient shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement Page 6 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F10CB5 Agreement No. 35614 actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Recipient on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Recipient on the one hand and of State on the other hand 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. Recipient's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. b. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. c. Insurance. Recipient shall meet the insurance requirements within Exhibit C. d. Amendments. This Agreement may be amended or extended only by a written instrument signed by both Parties and approved as required by applicable law. e. Duplicate Payment. Recipient is not entitled to compensation or any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Oregon or the United States of America or any other party, organization or individual. f. No Third Party Beneficiaries. State 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 or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as an intended beneficiary of the terms of this Agreement. Recipient acknowledges and agrees that the Federal Government, absent express written consent by the Federal Government, is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Recipient, contractor or any other party (whether or not a party to the Agreement) pertaining to any matter resulting from this Agreement. g. Notices. Except as otherwise expressly provided in this Agreement, any communications between the Parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, email, or mailing the same, postage prepaid, to Recipient Contact or State Contact at the address or number set forth on the signature page of this Agreement, or to such other addresses or numbers as either Party may hereafter indicate pursuant to this Section 11.i. Any communication or notice personally delivered shall be deemed to be given when actually delivered. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine, and to be effective against State, such facsimile transmission must be confirmed by telephone notice to State Contact. Any communication by email shall be deemed to be given when the recipient of the email acknowledges receipt of the email. Any communication or notice mailed shall be deemed to be given when received. h. Governing Law, Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between State (or any other agency or department of the State of Oregon) and Recipient that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within 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 Page 7 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F10CB5 Agreement No. 35614 WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM. i. Compliance with Law. Recipient shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the implementation of the Project, as applicable to Recipient. Without limiting the generality of the foregoing, Recipient expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. j. Independent Contractor. Recipient shall perform the Project as an independent contractor and not as an agent or employee of State. Recipient has no right or authority to incur or create any obligation for or legally bind State in any way. State cannot and will not control the means or manner by which Recipient performs the Project, except as specifically set forth in this Agreement. Recipient is responsible for determining the appropriate means and manner of performing the Project. Recipient acknowledges and agrees that Recipient is not an "officer", "employee", or "agent" of State, as those terms are used in ORS 30.265, and shall not make representations to third parties to the contrary. k. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. I. Counterparts. This Agreement may be executed in two or more counterparts (by facsimile or otherwise), each of which is an original and all of which together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. m. Integration and Waiver. 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 delay or 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. Recipient, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. n. Survival. The following provisions survive termination of this Agreement: Sections 6.c., 8 and 11. Page 8 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 The Parties, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The Oregon Transportation Commission on October 20, 2010, approved Delegation Order Number OTC-01, which authorizes the Director of the Oregon Department of Transportation to administer programs related to public transit. On March 1, 2012, the Director approved Delegation Order Number DIR-04, which delegates the authority to approve this Agreement to the Rail and Public Transit Division Administrator. SIGNATURE PAGE TO FOLLOW Page 9 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1 OCB5 Agreement No. 35614 Washington County, by and through its State of Oregon, by and through its r--DocuSignedby: Department of Transportation ` At FriBy, j�i u1Gt/� ''`"'��') By Assistant County Administrator Karyn Criswell (Legally designated representative) Public Transportation Division Administrator Rachael Fuller Name Date 09/05/2023 (printed) 8/24/2023 I 09:46 PDT Date APPROVAL RECOMMENDED ByBy Valerie Egon Name Date 06/16/2023 (printed) Date APPROVED AS TO LEGAL SUFFICIENCY (For funding over$150,000) APPROVED AS TO LEGAL SUFFICIENCY By (If required in local process) Assistant Attorney General By Name Sam Zeigler by email (printed) Recipient's Legal Counsel Date 02/01/2023 Date Recipient Contact: Ray Nielsen 155 N First Avenue Hillsboro, OR 97124 1 (503) 846-8128 ray_nielsen@co.washington.or.us State Contact: Valerie Egon 555 13th Street NE Salem, OR 97301-4179 1 (971) 301-0909 Valerie.Egon@odot.oregon.gov Signed Agreement Return Address: ODOTPTDReporting@odot.state.or.us Page 10 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 EXHIBIT A Project Description and Budget Project Description/Statement of Work Project Title: STIF Disc Washington County 35614 Community Connector Shuttle Stop Enhancement Project Administration and Planning P-23-3741-01 Item #1: Project Admin. Total Grant Amount Local Match Match Type(s) $119,135.00 $95,308.00 $23,827.00 Local P-23-3741-02 Item #1: General Development/Comprehensive Planning Total Grant Amount Local Match Match Type(s) $24,000.00 $19,200.00 $4,800.00 Local Sub Total $143,135.00 $114,508.00 $28,627.00 Project Title: STIF Disc Washington County 35614 Community Connector Shuttle Stop Bus Passenger Shelters P-23-3801-01 Item #1: Passenger Shelters Total Grant Amount Local Match Match Type(s) $128,000.00 $102,400.00 $25,600.00 Local Sub Total $128,000.00 $102,400.00 $25,600.00 Grand Total $271,135.00 $216,908.00 $54,227.00 1. BACKGROUND In the 2017 legislative session, the Oregon Legislature passed House Bill 2017, the Statewide Transportation Improvement Fund (STIF). The bill designated nine percent of the total funds appropriated to be awarded to eligible Public Transportation Service Providers (PTSPs) based on a competitive grant process. This nine percent is divided into a five-percent share for STIF Discretionary projects and a four-percent share for STIF Intercommunity Discretionary projects. The STIF Discretionary fund is a flexible fund source that aims to expand or improve public transportation services by supporting projects that create new service routes, adopt enhanced forms of technology and data collection, maintain transit fleets in a state of good repair, and advance the equity and sustainability of transportation in the state. The STIF Intercommunity Discretionary fund is housed with FTA Section 5311(f) funds under the "Statewide Transit Network Program." The purpose of the Statewide Transit Network Program is to support projects that enhance Oregon's statewide fixed route transit network by investing in key transit hubs, closing gaps between two or more communities, improving access to and from transit for pedestrians and bicyclists, improving collaboration and coordination between agencies that results in functional benefits, or other activities that improve the function of the overall transit network and serve the interests of more than one transit agency. This Agreement describes the duties and responsibilities of State and Recipient in the management and proper use of STIF funds or 5311(f) funds and the associated reporting requirements. 2. PROJECT DESCRIPTION This Agreement funds a partnership between Washington County, Oregon and Ride Connection, Inc. to implement stop improvements at locations across the countywide community connector shuttle system, including locations served by the WestLink, GroveLink, North Hillsboro, and Tualatin community connector shuttles. Signs, Shelters, and Amenities This task provides funding to upgrade, purchase, install, design, and/or construct up to eight shelters with benches, signage and solar powered lighting. This task includes the purchase Page 11 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 of up to 500 square feet of additional right-of-way, 500 square feet of concrete landing pad and base work, ADA treatments, Architecture and Engineering, Surveying and Permitting, mobilization, traffic control, erosion control and construction contingency. The resulting projects and infrastructure shall comply with ADA accessibility requirements to support the public transportation needs of the general public and seniors and individuals with disabilities. Eligible expenses are: associated services, permits, permissions, equipment, and infrastructure needed to put the passenger shelter(s), landing pads, route sign(s), solar-powered lighting, and related infrastructure into service; costs incurred from the procurement process; delivery charges; and post-delivery inspections. Architecture, design, engineering, planning, and preparation services and permits, clearly needed to proceed with the project. A National Environmental Policy Act environmental assessment may be required for this project, depending on fund source and complexity. If this project is matched with federal resources, a Documented Categorical Exclusion worksheet or Categorical Exclusion worksheet must be submitted to State, and must be approved by the Federal Transit Administration for all federally-funded projects, prior to any ground disturbance. This award is contingent on approval of the worksheet. Any project expenses incurred will not be reimbursed if the project's required worksheet is not approved. If this project is matched by nonfederal sources, a Documented Categorical Exclusion worksheet or Categorical Exclusion worksheet may be submitted to State to establish a historical benchmark. State-funded shelters, signs, or amenities projects must comply with state and local procurement and construction rules. Administration This Agreement provides funding for Recipient's administrative expenses not directly related to providing transit services, but which support the effective, efficient, and safe delivery of those services. This agreement provides funding for Recipient's administrative expenses related to planning, including coordination with local jurisdictions, identification of priority stop locations, and preparing bid documents. 3. PROJECT DELIVERABLES, TASKS and SCHEDULE Recipient, in the performance of this Project, shall document steps taken to improve accessibility of public transportation for vulnerable populations and/or historically marginalized communities. Vulnerable populations include low-income individuals or households, veterans, Tribal communities or groups, individuals of age 65 and older, individuals with disabilities, and individuals with limited English proficiency. Information on this topic shall be provided to State through reporting. STIF Discretionary-supported service providers are encouraged to serve key transit hubs and stops operated or used by for-profit/national transit providers where practical. Signs, Shelters, and Amenities Recipient will submit a description and list for sign and/or shelter locations. Recipient will submit certification attesting to fulfillment of any applicable permitting, inspections, or other requirements prior to final payment. An on-site inspection or photo documentation of installations is required prior to final payment. By accepting federal or state funds, Recipient certifies that the project will meet all Americans with Disabilities Act requirements as set forth in 49 CFR parts 27, 37, and 38. All purchases, installations, and construction must be completed prior to the expiration date of this Agreement. If an extension for time is required, a request must be received by State at least 45 days prior to the expiration date. Administration Recipient shall perform administrative activities to support service sustainability as follows: ongoing financial resource budgeting and allocation, service coordination, capital asset Page 12 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 replacement planning, contract management, reporting, marketing and outreach, and planning. Expected project start date: July 1, 2023. Expected project completion date: June 20, 2025. 4. PROJECT ACCOUNTING and MATCHING FUNDING Recipient retains authority over costs and allocations of STIF funds within the guidelines established by Oregon Revised Statutes (ORS) 184.751 through 184.758 and Oregon Administrative Rules (OAR) Chapter 732. Signs, Shelters, and Amenities The service provider may use capital items funded under USDOT- or State-source agreements when performing services rendered through a contract or sub-agreement funded by this Agreement. Depreciation of capital items funded under USDOT- or State-source grants is not an eligible expense. Eligible matching fund sources for this Agreement include Statewide Transportation Improvement Formula Fund, local funds, service contract revenue, advertisement income, other earned income, cash donations, and other verifiable in-kind contributions that are integral to the project budget. Recipient may not use passenger fares as match. Administration and facility contributions are documented by percentage of contribution directly attributed to the project. 5. REPORTING AND INVOICING REQUIREMENTS Recipient will request reimbursement for covered expenses incurred during each period as prescribed by State. Copies of invoices must be submitted for all vendor charges. In-house charges must be documented showing time specifically associated with the project. In addition, Recipient must provide a cover letter or summary of the work performed pursuant to this Agreement in each Agency Periodic Report. Before and after photographs of the project are encouraged to memorialize the achievement of deliverables and may be submitted with the final report. Recipient will report as prescribed by State on assets purchased or constructed under this Agreement as long as they remain in use for public transportation service. Recipient will report milestones quarterly as follows: Recipient shall confirm the eligibility of any Sub-Recipient prior to distributing STIF moneys and entering into an agreement with the Sub-Recipient. Recipient shall ensure that Sub-Recipients maintain eligibility throughout the project period. Recipient shall provide State with copies of agreement(s) made with Sub-Recipients within 30 days of execution of those agreements. Per OAR 732-044-0040(1)(a), Recipient shall report on Project progress, outcomes achieved, and expenditures of discretionary STIF funds by itself and its Sub-Recipients. Failure to use STIF funds towards achievement of identified project deliverables may result in the cessation of funding to Recipient for the remainder of the Agreement period. Project Progress Reporting Recipient shall report Project progress quarterly through the Oregon Public Transit Information System (OPTIS) Agency Periodic Report (APR) and shall include a brief status update for each deliverable. Project reporting should align with project deliverables identified in this Agreement. State will use reporting information to assess Recipient's progress by comparing task-based expenditures to progress on deliverables. Outcomes Achieved Reporting Recipient shall report outcomes achieved through project performance. Continued funding under this Agreement is contingent upon reporting of outcomes achieved. Page 13 of 20 DocuSign Envelope ID: 38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 On a quarterly basis, in addition to continuing required elements in the APR, Recipient shall complete a short narrative describing outcomes achieved in performance of the Project. For the final quarter of the biennium, Recipient shall report on quarterly outcomes achieved as well as summarize outcomes achieved over the duration of the Agreement. Recipient shall provide additional information on outcomes achieved when and where directed to do so by State in reporting guidance. Outcomes achieved are defined in State's program guidance and that guidance provides State's expectations surrounding all reporting requirements. For detailed instructions on quarterly, annual, and biennial reporting, refer to State's STIF Discretionary/STN Reporting Guidance document. Expenditures Expenditures of STIF Discretionary funds will be tracked in OPTIS. Recipient must submit reimbursement requests in OPTIS to receive reimbursement for Project expenditures. FOR CAPITAL ASSET AGREEMENTS: Recipient shall ensure Satisfactory Continuing Control of capital assets, including real property, purchased in whole or part under this Agreement while the capital assets are being used for public transportation purposes. Satisfactory Continuing Control means the legal assurance that a capital asset will remain available to be used for its originally-authorized purpose throughout its useful life or until disposition. An inventory of capital assets purchased in whole or in part with STIF funds will be created by State in the OPTIS asset register. The inventory will include a description of the capital asset, the date of purchase, the date put into public transportation service, the purchase price, the amount of STIF funds contributed to the purchase, the source of other funds, the authorized use per this agreement, the Recipient or Sub-Recipient using the capital asset (Owner/Operator), and the condition of the asset. Recipient shall report quarterly on all capital assets through the OPTIS APR, providing information relevant to purchased capital assets, including but not limited to, asset condition, and vehicle mileage. Recipient shall request authorization from State for the sale, transfer, or other disposition of any Capital Asset purchased under this Agreement and shall report the amount of proceeds, if any, from the sale to State. Capital asset useful life standards shall be the same as those outlined by the Federal Transit Administration. Recipient will provide reporting information as prescribed by State on the capital asset purchases under this Agreement as long as the capital asset remain in public transportation service. Reimbursement requests for capital assets must include the following: a cover letter and copies of all invoices associated with expenses identified for reimbursement. Where a vehicle asset will be partially funded with federal funds, Recipient shall submit pre-award and post-delivery certification forms documenting compliance to Altoona bus testing, Federal Motor Vehicle Safety Standards, Buy America, and Disadvantaged Business enterprise requirements. Reporting on Mitigation of Tax Impacts to Low-income Populations Per OAR 732-040-0025(1), Qualified Entities receiving STIF funds shall submit a report on any actions taken by any PTSP located within the area of the Qualified Entity to mitigate the impact of the STIF tax on passengers who reside in low-income communities. This report must be submitted no later than 60 days after the end of each fiscal year in which the Qualified Entity receives STIF funds. Recipient shall complete and submit a form detailing any mitigation actions taken by Recipient to the appropriate Qualified Entity no later than 30 days after the end of each Fiscal Year in which the PTSP receives STIF discretionary funds. This form will be provided to Recipient prior to the Page 14 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 deadline for submission of the form and will include instructions for the proper completion and submittal of the form. Page 15 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 EXHIBIT B FINANCIAL INFORMATION This Agreement is financed by the funding source indicated below: State Program State Funding Agency Total State Funding STF: ORS 391.800 Oregon Department of $216,908.00 through ORS 391.830 Transportation and OAR Chapter 732, 355 Capitol St. N.E. Divisions 5, 10, and 30 Salem, OR 97301-3871 And/Or STIF: ORS 184.758 through ORS 184.766 and OAR Chapter 732, Divisions 040, 042, and 044. Administered By Public Transportation Division 555 13th Street NE Salem, OR 97301-4179 Page 16 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F8OF1OCB5 Agreement No. 35614 EXHIBIT C Insurance Requirements Subagreement Insurance Requirements GENERAL. Recipient shall require in its first tier subagreements with entities that are not units of local government as defined in ORS 190.003, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before performance under the subagreement commences, and ii) maintain the insurance in full force throughout the duration of the subagreement. 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 State. Recipient shall not authorize work to begin under subagreements until the insurance is in full force. Thereafter, Recipient shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. Recipient shall incorporate appropriate provisions in the subagreement permitting it to enforce compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. In no event shall Recipient permit work under a subagreement when Recipient is aware that the contractor is not in compliance with the insurance requirements. As used in this section, "first tier" means a subagreement in which the Recipient is a Party. TYPES AND AMOUNTS. WORKERS COMPENSATION. All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer's Liability Insurance with limits not less than $500,000 each accident. Contractor shall require compliance with these requirements in each of its subcontractor contracts. COMMERCIAL GENERAL LIABILITY. Commercial General Liability Insurance shall be issued on an occurrence basis covering bodily injury and property damage and shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage. When work to be performed includes operations or activity within 50 feet of any railroad property, bridge, trestle, track, roadbed, tunnel, underpass or crossing, the Contractor shall provide the Contractual Liability - Railroads CG 24 17 endorsement, or equivalent, on the Commercial General Liability policy. Amounts below are a minimum requirement as determined by State: Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. AUTOMOBILE LIABILITY. Automobile Liability Insurance covering Contractor's business-related automobile use covering all owned, non-owned, or hired vehicles for bodily injury and property. Amount below is a minimum requirement as determined by State: Coverage shall be written with a combined single limit of not less than $1,000,000. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). EXCESS/UMBRELLA LIABILITY. A combination of primary and Excess/Umbrella Liability Insurance may be used to meet the required Page 17 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-863F80F1OCB5 Agreement No. 35614 limits of insurance. ADDITIONAL INSURED. The liability insurance coverages, except Professional Liability or Workers' Compensation/ Employer's Liability, if included, must include the "State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees" as an endorsed Additional Insured but only with respect to the contractor's activities to be performed under the Subagreement. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Additional Insured Endorsements on the Commercial General Liability shall be written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO Form CG 20 37 07 04, or equivalent, with respect to liability arising out of completed operations. Additional Insured Endorsements shall be submitted with the Certificate(s) of Insurance and must be acceptable to the Recipient. "TAIL" COVERAGE. If any of the required insurance policies is on a "claims made" basis, such as professional liability insurance or pollution liability insurance, the contractor shall maintain either "tail" coverage or continuous "claims made" liability coverage, provided the effective date of the continuous "claims made" coverage is on or before the effective date of the Subagreement, for a minimum of twenty-four (24) months following the later of : (i) the contractor's completion and Recipient's acceptance of all Services required under the Subagreement or, (ii) the expiration of all warranty periods provided under the Subagreement. Notwithstanding the foregoing twenty-four (24) month requirement, if the contractor elects to maintain "tail" coverage and if the maximum time period "tail" coverage reasonably available in the marketplace is less than the twenty-four (24) month period described above, then the contractor may request and State may grant approval of the maximum "tail " coverage period reasonably available in the marketplace. If State approval is granted, the contractor shall maintain "tail" coverage for the maximum time period that "tail" coverage is reasonably available in the marketplace. NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide thirty (30) days' written notice to Recipient before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s). Recipient shall immediately notify State of any change in insurance coverage. CERTIFICATE(S) OF INSURANCE. Recipient shall obtain from the contractor a certificate(s) of insurance for all required insurance before the contractor performs under the Subcontract. The certificate(s) or an attached endorsement must specify: i) all entities and individuals who are endorsed on the policy as Additional Insured and ii) for insurance on a "claims made" basis, the extended reporting period applicable to "tail" or continuous "claims made" coverage. Recipient Insurance Requirements 1. GENERAL. Recipient shall obtain at Recipient's expense the insurance specified in this exhibit prior to performing under this Agreement and shall maintain it in full force and at its own expense throughout the duration of this Agreement, as required by any extended reporting period or continuous claims made coverage requirements, and all warranty periods that apply. 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. Coverage shall be primary and non-contributory with any other insurance and self- insurance, with the exception of Professional Liability and Workers' Compensation. Recipient shall pay for all deductibles, self-insured retention and self-insurance, if any. INSURANCE REQUIREMENT REVIEW. Recipient agrees to periodic review of insurance requirements by State under this Agreement and Page 18 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 to provide updated requirements as mutually agreed upon by Recipient and State. 2. TYPES AND AMOUNTS. WORKERS COMPENSATION. All employers, including 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). Recipient shall require and ensure that each of its subcontractors complies with these requirements. If Recipient is a subject employer, as defined in ORS 656.023, Recipient shall also obtain employers' liability insurance coverage with limits not less than $500,000 each accident. If 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. COMMERCIAL GENERAL LIABILITY. Commercial General Liability Insurance shall be issued on an occurrence basis covering bodily injury, death, and property damage and shall include personal and advertising injury liability, products and completed operations and contractual liability coverage. When work to be performed includes operations or activity within 50 feet of any railroad property, bridge, trestle, track, roadbed, tunnel, underpass or crossing, the Contractor shall provide the Contractual Liability - Railroads CG 24 17 endorsement, or equivalent, on the Commercial General Liability policy. Commercial General Liability Insurance shall not be less than the following amounts as determined by State: Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. AUTOMOBILE LIABILITY. Automobile Liability Insurance covering business-related automobile use on all owned, non-owned or hired vehicles for bodily injury and property. Automobile Liability Insurance shall not be less than the following amount as determined by State: Coverage shall be written with a combined single limit of not less than $1,000,000. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). EXCESS/UMBRELLA LIABILITY. A combination of primary and Excess/Umbrella Liability Insurance may be used to meet the required limits of insurance. ADDITIONAL INSURED. The liability insurance coverages, except Professional Liability or Workers' Compensation/ Employer's Liability, if included, must include the "State of Oregon,the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees" as an endorsed Additional Insured but only with respect to the Recipient's activities to be performed under this Agreement. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Additional Insured Endorsements on the Commercial General Liability shall be written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO Form CG 20 37 07 04, or equivalent, with respect to liability arising out of completed operations. Additional Insured Endorsements shall be submitted with the Certificate(s) of Insurance and must be acceptable to the Recipient. WAIVER OF SUBROGATION. Page 19 of 20 DocuSign Envelope ID:38F4FD6D-22D7-480E-8C23-8B3F80F1OCB5 Agreement No. 35614 Recipient shall waive rights of subrogation which Recipient or any insurer of Recipient may acquire against the department or State of Oregon by virtue of the payment of any loss. Recipient will obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the State has received a waiver of subrogation endorsement from the Recipient or the Recipient's insurer(s). 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 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 this Agreement, for a minimum of 24 months following the later of: i. Recipient's completion and State's acceptance of all project work required under the Agreement, or ii. State or Recipient termination of this Agreement, or iii. The expiration of all warranty periods provided under this Agreement. 3. NOTICE OF CANCELLATION OR CHANGE. Recipient or its insurer must provide 30 days' written notice to State before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s). 4. CERTIFICATE(S) AND PROOF OF INSURANCE. Recipient shall provide to State Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Agreement. The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) shall also include all required endorsements or copies of the applicable policy language effecting coverage required by this Agreement. 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. As proof of insurance State has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Agreement. 5. STATE ACCEPTANCE. All insurance providers are subject to State acceptance. If requested by State, Recipient shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to State's representatives responsible for verification of the insurance coverages required under this Exhibit C. Page 20 of 20 DocuSign Envelope ID: 38F4FD6D-22D7-480E-8C23-8B3F80F10CB5 For Administrative Use Only Z99999 Supplier Name: ()DOT Actual Contract Number(CustomText4): 23-1317 Department (Location): LUT-Admin. Contract Type: 8 Agreements Contract Sub Type(Custom2Codc): InterAgency Agreement Minute Order Date: 11/29/2022 Minute Order Number: 23-314 Master Contract Number(CustomText 1): 23-1317 Bid!RFP// (BidRFP): BPO Number(Custom I Code): Revenue Contract SHIP TO(LocShipTo): LUT-Admin. BILL TO(LocBillTo): LUT-Admin. Project Number(CustomText2): 100722 Chargeable Program Number(ChargeProgram): 209-607010 Contract Admin (Administrator): Ray Nielsen 2019 WASHINGTON COUNTY-ARCHIVE RECEIPT DocuSign Certificate Of Completion Envelope Id:38F4FD6D22D7480F8C238B3F80F1 OCB5 Status:Completed Subject:Complete with DocuSign:23-1317:ODOT Source Envelope: Document Pages:21 Signatures: 1 Envelope Originator: Certificate Pages:4 Initials:0 Connie Wilson AutoNav:Enabled 155 N.First Ave,Suite 270 Envelopeld Stamping:Enabled MS28 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Hillsboro,OR 97124-3087 Connie_Wilson @ co.washington.or.us IP Address:204.147.152.14 Record Tracking Status:Original Holder:Connie Wilson Location:DocuSign 8/24/2023 8:39:36 AM Connie_Wilson@co.washington.or.us Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington County Location:DocuSign Signer Events Signature Timestamp Rachael Fuller p—DneuSionedby: Sent:8/24/2023 8:41:10 AM Rachael_Fuller@washingtoncountyor.gov P'.4U. att Viewed:8/24/2023 9:46:03 AM \--2900A429AAF1482... 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Agreement 35614 for Signature and Execution Final Audit Report 2023-09-05 Created: 2023-09-05(Pacific Daylight Time) By: Bianca SINFIELD(Bianca.SINFIELD@odot.oregon.gov) Status: Signed Transaction ID: CBJCHBCAABAAHbIax9ynS-nOmOMPEFMym3vJ4LBey6yU "Agreement 35614 for Signature and Execution" History do Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2023-08-30-4:19:25 PM PDT l'-+ Document created by Bianca SINFIELD (Bianca.SINFIELD@odot.oregon.gov) 2023-09-05-11:26:46 AM PDT E Document emailed to Marsha HOSKINS (Marsha.HOSKINS@odot.oregon.gov)for signature 2023-09-05-11:28:19 AM PDT ii,ti Email viewed by Marsha HOSKINS (Marsha.HOSKINS@odot.oregon.gov) 2023-09-05-11:39:44 AM PDT dQ Document e-signed by Marsha HOSKINS (Marsha.HOSKINS@odot.oregon.gov) Signature Date: 2023-09-05-11:40:25 AM PDT-Time Source:server a Agreement completed. 2023-09-05-11:40:25 AM PDT 7D Powered by Adobe Tmr Acrobat Sign ATTACHMENT C BUS STOP CAPITAL ASSET CONDITION ASSESSMENT FORM r,— E. q w+ O y 2 t1, 11 E N a q W U .A+ O . "o ' n A•A U c a o v o fi `a v 'c v° a r v _ 0 s u` a yr v m l f O qC 1a , :,i,,,, I Z a� F. O a I1. E C E I. = a _a a- ij CD T3 u ! I iii N 8 z y 0 A v d 1.' d ;H v v v VI o v r — 1- A O r E ii o E f . 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CO AIS-5595 8. Business Meeting Meeting Date: 09/24/2024 Length (in minutes): 30 Minutes Agenda Title: Briefing on Safe Streets for All (SS4A) Action Plan Authored By: Courtney Furman Presented By: Principal Engineer Courtney Furman Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE In 2022,the City received a Safe Streets for All(SS4A) planning grant from the USDOT.This briefing provides an update on the related Action Plan,a requirement of this grant,which is now underway.This corresponds to CIP 95079. ACTION REQUESTED This is an update of the Safe Streets for All (SS4A) Action Plan project.No action is needed by Council. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations In 2022,in coordination with Metro,Washington County,and the cities within East Multnomah County,the City of Tigard was successfully awarded$240,000 in federal Safe Streets and Roads for All (SS4A) funding as a sub-recipient to Metro to develop a local comprehensive transportation safety action plan.A leadership commitment to eliminate traffic deaths and serious injuries is a required component of the grant to support development of a new comprehensive transportation safety action plan for the City of Tigard. In August 2023,Tigard City Council made a commitment by resolution to eliminate traffic deaths and serious injuries on Tigard's streets and roads using a Safe Systems approach to prioritize transportation safety. The Safe Streets for All(SS4A)Action Plan project(CIP 95079) commenced work with consultant support in May 2024. City Council approved the consultant contract in February 2024. Public Involvement The project will include a robust public engagement process with the following goals in mind: •Educate the community about the Safe Systems Approach and what the City is trying to accomplish. •Support personal connection and buy-in for Tigard's vision of equitable, safe transportation. •Honor lived experience alongside data in understanding safety concerns and priorities. •Help the community understand that different agencies own different streets,and so solutions may move forward in different ways on different parts of the network. •Build understanding of how the city works and interest in being involved in other civic efforts. •Provide avenues for addressing concerns on partner-owned streets. Impacts (Community,Budget,Policies and Plans/Strategic Connection) Tigard's SS4A Action Plan will support the city's adopted Strategic Plan priorities related to walkability and equity,the city's Complete Streets policy,and the recently adopted 2040 Transportation System Plan (2040 TSP). Further,this project will support two of the adopted 2023—2025 Tigard City Council Goals.A formalized commitment developed through the SS4A planning process will directly support the Council's goal to "Enhance Community Safety& Accessibility."The project will also indirectly support the Council's goal to "Address Climate Change" by creating safer conditions for carbon-responsible mobility options. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments Presentation Draft Vision and Goals Fact Sheet Equity Analysis Fact Sheet High Injury Network Fact Sheet r) )2° CD O rD rP t� � 3 c)-• . cii 0- =I 4.0wN l� 73 VI N O N Ca mei (1)In mmtCD CD Pp V) TIGARD ZZ-im i . 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Affordablea Community Transportation Equitable Health Costs Safe streets are essential to becoming an equitable community that is walkable, People of color,immigrant communities,and low-income communities are overbur- dened by traffic crashes and least likely to have affordable,convenient,and safe healthy, and accessible for transportation options. Prioritizing safety investments in these communities will everyone. Because no loss of life begin to reverse the health,safety,and economic disparities caused by decades of is acceptable on our streets and land use and transportation decisions. roads, the City of Tigard commits to eliminating traffic deaths and serious injuries by 2045. The Safety Action Plan defines Improve safety for the most vulnerable road users how Tigard will create a safe, in Tigard. comfortable, and connected transportation system. As we undertake this work, we Lr.v � 11111111111 will focus first on improving Walkable and All Ages and safety outcomes for the most Bikeable Accessible Abilities vulnerable users — people on foot and on bicycle — and for the communities who are most Everyone benefits when streets are safe for their most vulnerable users: people on foot and bike,children,people with disabilities,older adults,and people who burdened and least served by are not able or choose not to drive. Prioritizing the safety of people above conve- the system that exists today. nience for motor vehicles will save lives. Vision a SAFE a STREETS c� ACTION 1- PLAN Safety is the key to Tigard's Provide safe multimodal connections future to foster livable, healthy, and carbon responsible neighborhoods. This Safety Action Plan builds on work we have all been doing oho fliAR together to define the vision for our city.Over many years we've heard from you and your safe Road families,friends,and neighbors Transportation Designs, Healthy Healthy about the kind of community Choices People Environment you want Tigard to become.Our safety vision and goals draw For quality of life,economic vitality,and environmental and community health,we on the values,priorities,and need to make it safe and convenient to walk, bicycle,and take transit. By choosing decisions you've helped us reach actions and investments that make it possible to meet daily needs without driving, through recent efforts including: we will improve safety for everyone and advance broader community goals. • Transportation Safety Action Plan(2019) • Complete Streets Policy and Implementation Plan(2019) • Strategic Plan(2020) • Tigard on the Move Place safety at the center of our work as a city and Transportation System Plan (2022) encourage our partners to do the same. • City Council Goals(2023) • City Council Resolution CC" 23-25 committing to the Safe Systems Approach(2023) • Racial Equity Action Plan Funding and and Equity Commitment Partnership Coordination Resources Declaration(2023) Creating a lasting culture of traffic safety requires collaboration and shared responsibility.All city departments and agencies will need to collaborate to plan, fund,build,operate,and maintain a safe transportation system.As part of this work, How is safety we will build and maintain safety partnerships with other government agencies, community-based organizations,businesses,and developers. defined? A Safe System Approach to safety,adopted by the City, prioritizes the elimination of crashes that result in death and serious injuries. ... High Equity ` Areasee � o SAFE c' ACTION i- PLAN Equity and safety to go hand in hand. Traffic fatalities disproportionately impact Black, Indigenous,and People of Color(BIPOC). People who are young, old, have low People can face different risks when incomes,or experience houselessness are also disproportionately traveling in Tigard depending on impacted.The neighborhoods highlighted on this map are places where these groups of people are concentrated. Focusing their identities. safety improvements in these areas is an important step towards reducing inequities across the transportation system. In Tigard Triangle,20%of households are CITYWIDE STATS living at or below the poverty line,and 10%of households do not have access to a car,Also,a third of the population identifies as BIPOC,and 16%of the population is over 65. 20% Almost half of GreenburgRoad / OF TIGARD'S POPULATION North Tigard identifies as BIPOC. I IS UNDER 18 And 12%of households are living at or iaay'R`� ■ '} o`,1s,FE below the poverty line. scN • ' _imp iGre•enburgRoad/North Tigard I ; —_- _. OF TIGARD'S POPULATION Downtown has the highest IS OVER 64 Tigardr'Triangle percentage of households living at or i 1 t — r ,NUT.sT *; below the poverty line,households �P� 1,' s without vehicles,households with limited English.Also,over a third of _ 3O% } Downtownr.i the population identifies as BIPOC. �- r 1 _ ,_____,FL, OF TIGARD'S POPULATION '( �GAARDE ST itr MCDONALD.ST.+�` N. r- lair .��; -a i T - IS BIPOC 1ma . N• BONITA RD SDu has the youth and older adults. _ southview, ~ Durhom Rood highest proportion 3% A quarter of the population is under • I`�u - �' v OF TIGARD'S HOUSEHOLDS 18,and a fifth of the population uRHAM:RD * = SPEAK LIMITED ENGLISH is over 65.In addition,13%of households are living at or below the z poverty line. I f Durham Road has a lot of young 5% people;about a quarter of the population is under 18.Also,8%of OF TIGARD'S HOUSEHOLDS households do not have access to a HAVE NO VEHICLE vehicle 0 1 2mi 11% I I i 1 OF TIGARD'S POPULATION HAVE A DISABILITY r High Equity Need Area J City Limit Park High equity need areas were identified through multiple tools at the federal,regional,and city level. G oSAFEHighInjury aSTREETS to ACTION 1- PLAN Six people died due to crashes on Tigard The Tigard Safety Action Plan begins with understanding where people have recently been killed or injured in traffic.The seven streets from 2017-2021. Fifty-seven High Injury Corridors shown below are streets with the highest crashes caused serious injuries. Even concentration of fatal and serious injury crashes that happened in Tigard between 2017 and 2021. one such crash would be too many. Pacific Highway Scholls Ferry Greenburg Cascade Corridor Name (99W) Road Hall Boulevard Road Durham Road Avenue Barrows Road gi Length 4.24 mi. 4.73 mi 3.83 mi 2.78 mi 2.5 mi 1.43 mi 1.98 mi BIKE Fatal and Serious Injury Crashes per 5.18 2.11 2.61 2.78 1.2 2.8 2.02 PED mile,2017-2021 PilHigh Injury 1E9 PI Corridor Type ® C ® B ALL MODES 7J t 1 ` , r� ri J. d > -, c's' „....,„,J. i �__ n 1 p7 n + r 1_-j ,O ' r7 0 ti" • . ` _ S- �.5 FEa M > ---. ...>....,... ,. 446:-. ____r--- 1::, ,,,..---,,. idl is IOPS`'- • NHT 5i m P , r a ` 1.1 a Q t C i ® 911 z a - ,Q_1 GAARDE ST MCDONALD ST 5 r d , Ci B ------ ONITA RD L - a J ' I 499• L,, i L , U Lo ---, A t'..� y;- 1 et ir OEND RD, ,� DURHAM RD _J 1 A� r Legend ��-_._ l ,LL, L h, MEM High Injury Corridors-All Modes is L1 .^ o ', di e High Injury Corridors-Bicyclists —� `s-- IL—j fi r' r-- ei High Injury Corridors-Pedestrians i I I _---�r�u.L u.--r' 9 il �/ r/ A r 11 r--' I ‘,.,__„.":"./o? .rte rf�' L This plan focuses on streets,and crashes on grade-separated highways are included in the analysis.The High Injury Network was analyzed by Metro for 2017-2021,the most recent five years of crash data available. To learn more,see Metro's High Injury Corridor StoryMap:https://storymaps.arcgis.com/stories/5a4c5040c8a7493fb877bc4e529ebdf7 AIS-5608 9. Business Meeting Meeting Date: 09/24/2024 Length(in minutes): 20 Minutes Agenda Title: Consider the Renaming of Steve Street Park and River Terrace Town Center Community Park Authored By: Rick Gruen Presented By: Rick Gruen,PW/ Parks and Recreation Manager;Jessica Love,PW/Community Engagement Coordinator Item Type: Resolution Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The City is currently in the process of bringing in two new parks,Steve Street Park and River Terrace Town Center Community Park. As part of the Steve Street Park community engagement process,community members were asked via a survey if a name change should be considered. Over 50 names were mentioned,with Steve Street Park(including some variations such as Steve Street Family Park and Steve Street Community Park),Ash Creek Park and Kalapuya Park being among the names mentioned more than once.To help pare down the list to a more manageable list of names to recommend to Council,the Parks and Recreation Advisory Board was asked to select/vote on the list of names following a site visit to the park. Steve Street Park ranked the highest,followed by Ash Creek Park,Dogwood Park and Kalapuya Park. With the upcoming sale and transfer of River Terrace Town Center Community Park to the City of Tigard,the developer has requested the City consider renaming River Terrace Town Center Community Park as either Blueberry Hill Park or Blueberry Farm Park.The City,in considering this name change,would honor a clause in a prior Purchase and Sale Agreement of the property to recognize the family that farmed the property for many years as a blueberry farm. ACTION REQUESTED Consider a resolution to formally name Steve Street Park as Steve Street Park,while also acknowledging the number of community members who took the time to share other names;and adopt a separate resolution to rename River Terrace Town Center Community Park as Blueberry Hill Park. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The City's Naming and Recognition Policy(approved by Resolution No 13-36 on Sept. 13,2013) establishes the process for the Parks and Recreation Manager to bring forward naming recommendations to the City Council,which has the authority to name or rename city park property and key features.Note the use of"Family"in a park name is reserved for honoring a particular family(i.e. Cook Family Park) and the use of"Community" to describe a type of park is reserved for when a park meets certain criteria identified in the Parks and Recreation System Plan (i.e. Community Park,Neighborhood Park,etc.).Blueberry Hill Park will be a community park due to the type of amenities/facilities built. Public Involvement Steve Street Park Community Engagement Survey,2022. Roshak Family Purchase and Sale Agreement,2021. Section 9.1 Project Entitlements "If Buyer develops a park as part of the Project Entitlements,Buyer agrees to use reasonable efforts to cause the park to be named "Roshak Park."As Roshak Park is already a neighborhood park within the park system,the developer is requesting the park to reflect the historical use of the property as a blueberry farm. It is the option of the City to recognize the Project Entitlement clause of the prior Purchase and Sale Agreement. Per the City Attorney,the City's pending purchase of this property does not bind the City to the prior agreement. Impacts (Community,Budget,Policies and Plans/Strategic Connection) N/A ALTERNATIVES& RECOMMENDATION Council can choose to maintain the existing names for these park properties and take no further action;Council can consider other names and approve those; or Council can direct the Parks and Recreation Manager to come back with a new list of names.If Kalapuya Park is selected,it should be noted that before finalizing the new park name,it is recommended that a meeting between the City and the Confederated Tribe of the Grand Ronde be held to inform Tribal Leadership and gain support for the use of the name. ADDITIONAL RESOURCES Attachments Steve St. Pk Name List Resolution for Steve Street Park Resolution for RTTCCP Steve Street Naming Please help us pick the name of Steve Street Park! Select your top five names below. We will present the top three to Tigard City Council. 1. Review the list of names below and select your top 5. Please select at most 5 options. C Shady Oak Ridge Park Zelkova Park rT• winberry Park Aster Park W• ill O's Park L Lupine Park Dogwood Park Green Dreams Park l ! Tulip Park L C• urtis Tigard Park John Tigard Memorial Park f [ Vasicek Park S• teve Street Family Park r H• all Haven Park L Owl Park - Little Cricket Park Sparrow Park Woodchuck Park Raccoon Meadows Park Tigers Den Park ri J• oy Park The Gathering Park A1- Unity Park Happy Park 1 Rainbow Park i Adventurer Park I Wander Land Park Welcome Park Hidden Knoll Park l I Hideaway Park Bijou Park CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 24- A RESOLUTION TO NAME CITY PARK PROPERTY KNOWN AS STEVE STREET PARK TO STEVE STREET PARK WHEREAS, the City Council has the authority to name or rename city park property as described in the City of Tigard Naming and Recognition Policy approved by Council via Resolution No. 13-36 on September 3, 2013;and WHEREAS,Steve Street Park was informally named by the City at the time of acquisition of the property;and WHEREAS, the City is developing this park property as a neighborhood park and has engaged in community outreach to consider names for this park property;and WHEREAS, the Parks and Recreation Advisory Board has thoughtfully considered an extensive list of names and pared down the list for council consideration with Steve Street Park being the preferred choice; and WHEREAS,it is the desire of the City to formally adopt the name Steve Street Park for this park property. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Steve Street Park shall be formally named Steve Street Park. SECTION 2: This resolution is effective immediately upon passage. PASSED: This clay of 2024. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 24- Page 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 24- A RESOLUTION TO RENAME THE CITY PARK PROPERTY KNOWN AS RIVER TERRACE TOWN CEN 1'hR COMMUNITY PARK TO BLUEBERRY HILL PARK WHEREAS, the City Council has the authority to name or rename city park property as described in the City of Tigard Naming and Recognition Policy approved by Council via Resolution No. 13-36 on September 3, 2013; and WHEREAS, River Terrace Town Center Community Park was informally named when this former farm property was purchased by the developer;and WHEREAS, the City is acquiring this park property from the developer to enhance our parks and open space areas;and WHEREAS, the developer has requested the City consider renaming the park as part of a prior sale agreement; and WHEREAS, it is the desire of the City to recognize the historical use of this property as a blueberry farm by renaming River Terrace Town Center Community Park as Blueberry Hill Park. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: River Terrace Town Center Community Park shall be formally renamed as Blueberry Hill Park. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of _ 2024. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 24- Page 1 Carol Krager From: Emily Tritsch SUPPLEMENTAL PACKET Sent: Tuesday, September 24, 2024 1:05 PM FOR To: #Councilmail (DATE OF MEETING) Cc: Steve Rymer; Carol Krager; Shelby Rihala Subject: Council Questions on 9/24 Agenda Attachments: TCAC_Packet_20240814.pdf;TCAC Minutes 20240814.pdf; 20242025_TCDA.pdf Hi Council: Some Councilor questions and SME responses below. To ensure this information is included as part of the public record, I am asking City Recorder Krager to include this email with the notes for this meeting. For questions and deliberations informing decisions you will be making this evening, I invite you to share questions, considerations, and information in open Council for the benefit of the community. See you this evening. Agenda Item:TCDA: CONSIDERATION OF DEVELOPMENT ASSISTANCE 1.Consider including the following in the AIS - Link to the TCAC minutes/agenda items. Given the level of discussion and public comment, that would be helpful to have easy access to. (For some reason,the full TCAC packet wasn't loading) - Reference to the TCDA budget versus just the reference to "Yes, it's in the budget".TCDA is a bit more unique and it is helpful to review the complete budget and see this line item. The TCAC packet from August 14 and minutes from the meeting are attached, as well as the TCDA FY 24- 25 budget- see PDF page 6 for City Center budget line item for Development Assistance. 2. I didn't read in this summary that costs escalated and the budget no longer matches what is required to purchase materials. The summary states that sidewalks and SDCs weren't accounted for. Was this missed in the initial planning for the building? Just Compassion, which has limited experience in developing new buildings, did not anticipate the full costs to build out required street frontage or payment of SDC's. Before JC developed it, the property did not have any sidewalks. The project will build them out, along with the required street and landscaping improvements. 3.After reviewing the September TCAC minutes, I noted that Just Compassion said there were no state or county funds available, but a future HUD grant will be available. What level of funding would that be? Is that through CDBG?What state and county avenues were explored? Michael reported his conversations with other organizations about additional capital funding opportunities (done at the request of the TCAC.) He did not find any additional state or county funding to be available. He mentioned that HUD has a capital funding grant, but it was for Permanent Supportive Housing(PSH) specifically. This JC project does not qualify. 1 4.Again after reviewing August TCAC minutes, Elise asked about accountability measures. Michael noted that incidents are reported to the city and county. Program targets were also required. Will we receive copies of those reports? If incidents reports are submitted to the City, which Michael indicated, then Teammates will share those with Council. 5. Per the July TCAC minutes, Sean noted that the SDC charges will be$288K. Does that mean the $200K contributed via Development Assistance Funds will be used to fund the$288 SDCs? Will the remaining$88K of SDCs be paid? That is correct, up to $200K will pay for actual SDC costs. Just Compassion will pay any balance above that amount. Temporary shelters do not fall under the affordable housing SDC exemption for Tigard Transportation and Park SDC's. 6. Given the gap of$416,782 remains, how consequential is that to the completion of the project? How likely is it that Just Compassion will receive a future HUD grant if that is the only possible future resource? We have no reason to believe that Just Compassion's project will not be completed. All partners have expressed commitment to the completion of the construction and ongoing operations of the organization. JC has also mentioned additional fundraising and potential unexpended contingency as ways to fill the gap. 7. Development Assistance Agreement-Section 4.2 Compliance with the Law This article refers to the project or the operation thereof and all applicable health and safety, etc. What safety requirements have been reviewed by the City of Tigard?What can we require? This section refers to all generally applicable laws. This would be something like failing to comply with the Building Code, not being in compliance with a HUD requirement, or not complying with any other generally applicable law. This is the section for Default events, not additional requirements put on the Project by the City. The TCDA could attach other conditions to receiving the grant, but for a relatively small grant (1.3% of the project budget)that would be a potential burden for JC.The benefit of the current arrangement is that JC is solely responsible for any liability.As the City begins to place more requirements on JC, the risk increases that the City could be brought in as a party to any potential litigation. The City has done routine building inspections during construction.Washington County, as the primary funder of the project, is more involved in safety planning, including its security system. 8. It was also referenced that Community Connect doesn't check for residency. While we are a regional approach, shouldn't we be at least giving Washington County individuals priority and given that Tigard does invest additional resources to support these efforts in our community, how is that acknowledged in the decision making process? The County-wide approach is to serve all members of the Washington County community, regardless of their length of tenure in the community. At this point in the construction process, substantive decisions have already been made. 9. Please explain the rationale behind this recommendation. Redevelopment Project Manager Farrelly will do so in the meeting 10. Please explain how this project is eligible for Development Assistance. Redevelopment Project Manager Farrelly will do so in the meeting 2 Agenda Item: SHUTTLE STOP ENHANCEMENTS 1. If the grant expires in 2025, how are the operational expenses covered in future years? I understand that the City will be ultimately responsible for the shuttle stops, etc., but I'm not clear about the operational costs going forward. The operational costs for the City to have the shuttle service are minimal and can be covered by streets maintenance.The only asset that the City is agreeing to maintain is the concrete pad in front of Tigard High School. This concrete pad is similar to a sidewalk panel. Concrete has a lifecycle of 50 years; the annualized cost for repair and maintenance over this time is negligible and can be covered as part of the street maintenance budget. This project is going through the permitting process with the City, so engineering staff will ensure it meets standards and specifications. With proper design and installation, there should be little maintenance needed. The only other shuttle stop assets are the signs, but these will be maintained by Washington County. 2.Volunteer Driving Program - Has that ever been a challenge using a volunteer-driven model? While much of the demand response is provided by volunteer drivers, the shuttle service is provided entirely by paid staff.The volunteer program is in a period of rebuilding post-pandemic, but has had some recent success with recruitment and retention, and is aiming for this to once again be central to demand response programs for older adults and people with disabilities. Agenda Item: PARK NAMING 1.What was the origin for naming the existing Roshak Park? Similar to the AIS for renaming River Terrace Town Center Community Park, there was a clause in the Purchase and Sale Agreement between the Roshak family and the developer to recognize the family with the naming of the park for this subdivision of River Terrace. 2. Is there data that supports the ranking of names other than stating what options bubbled to the top? • If this question is in reference to the renaming of River Terrace Town Center Community Park, there were two names brought forward by the developer- Blueberry Hill Park and Blueberry Farm Park. Blueberry Hill Park was the preferred name. • If this question is in reference to Steve Street Park, the vote tally was as follows: ✓ Steve Street Community Park(4) ✓ Steve Street Family Park(4) ✓ Dogwood Park(3) ✓ Ash Creek Park(3) ✓ Kalapuya Nature Park (3) ✓ Hideaway Park(3) As "Community" cannot be used for this neighborhood park, and the use of"Family" is reserved for honoring a family(i.e. Cook Family Park), the variations of Steve Street votes were consolidated, giving 8 votes for Steve Street Park. 3 3. TTSD named their Early Learning Center the Kalapuya Early Learning Center to honor the tribes. It breaks my heart that Traci Rose was instrumental in that process, but I'm certain others could discuss how that experience was navigated. Ok 4. I'm not opposed to the names, but I'm trying to understand the engagement process a bit more before we act on the names. Ok Emily Tritsch = Assistant City Manager for Investment& Infrastructure City of Tigard I City Management Ti gCITY rd Phone: 503.616.1228 13125 SW Hall Boulevard,Tigard OR 97223 I tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 4 City of Tigard Town Center Advisory Commission Agenda TIGARD, MEETING DATE/TIME: August 14, 2024 — 6:00 to 8:00 p.m. MEETING INFORMATION: Hybrid Meeting In-person: Tigard Town Hall, 13125 SW Hall Blvd. or MS Teams: https://www.tigard-or.gov/home/showpublisheddocument/1949/637770827974830260 1. CALL TO ORDER/INTRODUCTIONS Chair Velasquez 6:00 2. CONSIDER MINUTES Chair Velasquez 6:05 3. CALL FOR NON-AGENDA ITEMS Chair Velasquez 6:10 4. PUBLIC COMMENT Chair Velasquez 6:15 5. FOLLOW UP FROM PREVIOUS MEETING Sean 6:20 6. JUST COMPASSION DEVELOPMENT APPLICATION Just Compassion, Sean 6:25 Potential Action Item 7. REVIEW OF TIF PLANS Sean 6:55 8. PROJECT UPDATES Sean 7:25 9. NON-AGENDA ITEMS All 7:45 10. LIAISON REPORTS All 7:50 11. ADJOURN BUSINESS MEETING Chair Velasquez 8:00 *EXECUTIVE SESSION:The Town Center Advisory Commission may go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e).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. Upcoming meetings of note: Related websites and information: Wed., Sept.11,6:00 p.m.,Regular TCAC Meeting Tigard TIF Districts Tues.,Sept. 3, 6:30 p.m.,Council presentation on Downtown Tigard Construction Updates parking The City of Tigard tries to make all reasonable modifications to ensure that people with disabilities have an equal opportunity to participate equally in all city meetings. Upon request, the city will do its best to arrange for the following services/equipment: • Assistive listening devices. • Qualified sign language interpreters. • Qualified bilingual interpreters. Because the city may need to hire outside service providers or arrange for specialized equipment, those requesting services/equipment should do so as far in advance as possible,but no later than 3 city work days prior to the meeting. To make a request,call 503-718-2481 (voice) or 503-684-2772 (1'DD-Telecommunications Devices for the Deaf). City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov Page 1 of1 CITY OF TIGARD TOWN CENTER ADVISORY COMMISSION Meeting Minutes June 12, 2024 Members Present: Alvin Bautista,John Goodhouse (Alternate),JoJo Keating, Elise Shearer (Vice Chair), Chris Sjolin, Daniel Thompson, and Gabe Velasquez (Chair). Members Absent: Susana Ely, Patty Lofgren,Bryan Purdin,Bob Tomasovic, and Derrick Wright. Staff Present: Redevelopment Project Manager Sean Farrelly,Project Manager Danelle Hauther, Associate Planner Hope Pollard,and Sr. Administrative Specialist Joe Patton. Others Present:Just Compassion Development Coordinator Michael Austin. 1. CALL TO ORDER Chair Velasquez called the meeting to order at 6:00 pm. The meeting was held in Town Hall with a hybrid MS Teams option. 2. CONSIDER MINUTES The May 8,2024,TCAC Minutes were unanimously approved. 3. CALL FOR NON-AGENDA ITEMS—N/A 4. PUBLIC COMMENT—N/A 5. FOLLOW UP FROM PREVIOUS MEETINGS Sean visited Ava Rosteria and confirmed they had 10 parking spaces 6. DOWNTOWN SYSTEM DEVELOPMENT CHARGES (SDC's) Sean gave a brief presentation on what SDC's are,what they may be charged for, SDC's on Main Street, and other fees. He noted that Harvest Moon only paid sewer SDCs of approximately$3,500. If a business moves into an existing downtown building,where the previous business was similar, the fees are usually not high. The amount charged for sewer depends on the number of fixtures (sinks, dishwashers, toilets,grease traps) and are set in part by Clean Water Services. Downtown businesses usually are not assessed Transportation or Parks SDCs. Hope noted that as part of her MADE project developers were asked about Tigard's SDCs. The feedback she received was that they were very reasonable for the area. Sean will look at SDC's for the vacant space next to Cooper Mountain Ale Works and compare SDCs for a non-restaurant business moving in versus a restaurant. 7. JUST COMPASSION DEVELOPMENT APPLICATION Michael Austin had a presentation and described current services offered, He shared the new campus design and their growth. He noted they will have their first commercial kitchen with the new construction. In-house services will be provided, and a state-of-the-art security system and lighting will be installed. Sean stated Just Compassion submitted a Development Assistance Grant request to fill a funding shortfall of$616,000. The City's real estate adviser reviewed their funding and agreed the shortfall existed. The downtown TIF budget is constrained for the fiscal year. Sean scored their TOWN CENTER ADVISORY COMMISSION June 12, 2024 application and recommended awarding the budgeted $200,000 grant. Their estimated SDCs for both buildings is $288,000. Staff and Commissioners noted there are a variety of federal, state, regional, and county funding sources that may cover their funding gap and it will be suggested they talk to the funding manager of Family Promise to help identify those sources. Commissioners postponed consideration of the request until Just Compassion has exhausted other funding sources. 8. DOWNTOWN PARKING UPDATE Sean said the RFPs for parking enforcement were received and a committee would evaluate them. If negotiations go smoothly the selected company could start in September. 9. PROJECT UPDATES Sean briefly reviewed the updates included with the Agenda. 10. NON-AGENDA ITEMS A. Sean and Danelle made a presentation to Council regarding vacant space in downtown Tigard. The current Code allows the City to address any health or safety issues of any downtown building and spaces regardless of occupancy. Council was concerned about vacant commercial office space outside of downtown which is a different issue. Tigard has done better at occupancy rates there than other cities, B. Sean informed Commissioners that Kenny Asher resigned as Community Development Director. 11. LIAISON REPORTS A. Elise attended a CHART meeting on May 15 where a Safe Parking program was discussed. The city is also exploring using some of its parking spaces for Safe Parking. Chronically homeless sheltered and non-sheltered numbers are dropping due to DHS work. B. Gabe noted the Hall Blvd. transfer to Tigard is working its way through the Legislature. 12. ADJOURN BUSINESS MEETING The meeting adjourned at 8:00 pm. Joe Patton,TCAC Meeting Secretary Gabe Velasquez, Chair n � x'1 CITY OF TIGARD TOWN CENTER ADVISORY COMMISSION Meeting Minutes July 10, 2024 Members Present:John Goodhouse (Alternate),JoJo Keating, Cris Sjolin,Daniel Thompson,Bob Tomasovic, and Gabe Velasquez (Chair. Members Absent: Alvin Bautista,Patty Lofgren, Bryan Purdin, Elise Shearer (Vice Chair), and Derrick Wright. Staff Present: Interim Community Development m Director Sambo Kirkman, Principal Transportation Planner Tiffany Gehrke,Project Manager Danelle Hauther, and Sr.Administrative Specialist Joe Patton. Others Present: TCAC Council Liaison Council President Yi-Kang Hu. 1. CALL TO ORDER/INTRODUCTIONS Chair Velasquez called the meeting to order at 6:00 pm. The meeting was held in Town Hall with a hybrid MS Teams option. Sambo Kirkman and Tiffany Gehrke gave a brief introduction. 2. CONSIDER MINUTES A quorum was not present so consideration of the June 12,2024,TCAC Minutes was postponed. 3. CALL FOR NON-AGENDA ITEMS There was no public comment. Commissioners were invited to share any topics they would like to discuss at future meetings with Chair/Vice or Staff Liaisons. 4. PUBLIC COMMENT—N/A 5. FOLLOW UP FROM PREVIOUS MEETINGS — N/A 6. Q2 QUARTERLY GOALS UPDATE Danelle briefly reviewed the updates included with the Agenda. 7. NON-AGENDA ITEMS—N/A A. Danelle noted that recruitment for next year started, and she will send an email with a link to citywide volunteer opportunities citywide. She noted Commissioner Ely resigned. It was noted the Mayor is making the decision on reappointments so it is possible a current Commissioner may not be reappointed. 8. LIAISON REPORTS and PROJECT UPDATES A. Chris noted the TDA moved the Street Fair to Sunday rather than Saturday. B. Gabe noted that the Senator Majority Leader is Senator Kathleen Taylor. n..,". 1 TOWN CENTER ADVISORY COMMISSION July 10, 2024 C. Danelle briefly reviewed the updates included with the Agenda. She noted there were about 450 comments received on wayfinding. Concept 1A was the preferred color but the design of 2A was preferred. The survey is open until mid-August. She noted the parking enforcement will include education and posting of signs prior to implementation. 9. ADJOURN BUSINESS MEETING The meeting adjourned at 6:45 pm. Joe Patton,TCAC Meeting Secretary Gabe Velasquez, Chair ""'"""""mi' Town Center Development Agency 111 The City of Tigard's Urban Renewal Agency TCDA MEMORANDUM TO: Town Center Advisory Commission FROM: Sean Farrelly, Redevelopment Project Manager RE: Agenda Item 6: Redevelopment Assistance Application DATE: August 7, 2024 Just Compassion is a non-profit organization providing services to houseless adults in Washington County. The development assistance will help build a new center that will provide 60 emergency shelter beds with wrap-around services for those experiencing houselessness. The project is a combination of an addition to their current Resource Center at 12280 SW Hall Blvd. in Tigard (North Building) and a new two-story building at 12260 SW Hall Blvd.(South Building). The expanded Resource Center will provide counseling and mental health support, medical triage services, hygiene services, employment training and support, a commercial kitchen, overnight shelter and temporary housing for those working to secure permanent housing. During severe weather events, the buildings will be reconfigured to accommodate fifty additional overnight guests. The expected total project costs are $15.75 million: $12.4 million for the new building and $3.3 million for the expanded Resource Center. The North Building is currently under construction. Just Compassion requested $616,782 from the Town Center Development Agency's Redevelopment assistance program to fill a shortfall in their project budget. The City's development advisor reviewed the project financials and confirmed there is a shortfall. Staff recommended a reduced amount of development assistance- $200,000, which is the amount budgeted for development assistance for FY24-25 City Center fund. June 12 Town Center Advisory Commission Meeting At their June 12 meeting the (TCAC) considered Just Compassion's application for redevelopment assistance. Michael Austin, Development Manager from Just Compassion presented their project and grant request. The TCAC discussion included positive comments about the project, but suggested that Just Compassion fully investigate if there are any other federal, state, regional, county and private funding sources that could cover their funding gap. The TCAC decided to postpone consideration until then. Staff Recommendation If Just Compassion reports there isn't additional funding availability, staff recommends awarding $200,000, which is the amount available in the proposed FY24-25 TCDA Budget. Recommending approval of the grant would directly further the Affordable Housing and Houselessness area of emphasis of the TCAC's 2023-2024 Strategic Plan, specifically: Aspirational Goal: "Measurable improvements in available shelter and services to relieve the humanitarian crisis of houselessness" Strategies: "Support funding needs and development assistance available for shelter, transitional and affordable housing." Action Plan: 4) Consider providing development assistance a.Just Compassion i. Expand transitional housing and wrap-around services ii. Site, develop and partner to operate transitional housing with wrap-around services in Tigard Next Steps: If the TCAC recommends approval and the Board of the TCDA authorizes the development assistance, a legal agreement will be executed with Just Compassion. The grant would be paid when the project's SDC's are due. The funds are available in the FY 2024-25 TCDA budget. 'ill"""""' Town Center Development Agency q The City of Tigards Urban Renewal Agency TCDA MEMORANDUM TO: Town Center Advisory Commission FROM: Sean Farrelly, Redevelopment Project Manager RE: Agenda Item 6: Development Assistance Application DATE: June 5, 2024 Process The City Center TIF District Plan includes New Development Grants/Loans and Affordable Housing Development Assistance as projects. Projects that contribute to the Area's diversity and vitality are eligible to be considered for financial assistance. The Development Assistance program has a process with the following basic steps: 1. Applicant/developer submits an application and the assistance ask (limited to 10% of project cost or $1 million- whichever is lower). 2. Staff makes a recommendation on whether to approve the application and the level of funding to the Town Center Advisory Commission, which makes a formal recommendation to the Town Center Development Agency Board. 3. This grant amount and associated requirements are memorialized in a Development Agreement, which is then considered for approval by the Town Center Development Agency Board. Just Compassion Application Just Compassion is a non-profit organization providing services to houseless adults in Washington County. The are planning a new Access Center on Hall Blvd, near Knoll Drive. The project is a combination of an addition to their current Resource Center at 12280 SW Hall Blvd. in Tigard (South Building) and a new two-story building at 12260 SW Hall Blvd. (North Building). The new center will provide 60 emergency shelter beds with wrap-around services for those experiencing houselessness. The expanded Resource Center will provide counseling and mental health support, medical triage services, hygiene services, employment training and support, a commercial kitchen, overnight shelter and temporary housing for those working to secure permanent housing. Services will be provided for adults, and referrals given for nearby Washington County services for families and youth. During severe weather events, the buildings will be transformed to accommodate fifty additional overnight guests. The facility will include an outdoor plaza, showers, laundry facilities, commercial kitchen, client service rooms, dining hall, restrooms, bike parking, and common lounge for guests. The expected total project costs are $15.75 million: $12.4 million for the new building and $3.3 million for the expanded south building. The North Building is currently under construction. Just Compassion has requested $616,782 from the Town Center Development Agency's Redevelopment assistance program to fill a shortfall in their project budget. Representatives of Just Compassion will present their project and grant request at the June 12th TCAC meeting. Commissioners will then review the staff recommendation on the requested development assistance and consider making a recommendation to the TCDA Board. Staff Recommendation Staff scored the proposal against the criteria and awarded it 230 points. 200 points is the minimum for funding. While the JC project falls outside the definition of affordable or market rate housing, it will provide 60 critically needed shelter beds for unhoused people, so 60 points were awarded in the Housing and Housing Affordability criteria. Staff recommends awarding the requested amount $200,000,which is the amount available in the proposed FY24-25 TCDA Budget. This is less than what Just Compassion has requested, but there are alternative ways that their gap could be closed. The City Center fund has very little financial capacity for the next 2-3 years. The City Finance Director reports that it wouldn't be possible to make an additional grant award without reducing expenditures elsewhere in next fiscal year's City Center budget. The recommended grant level of$200K would be nearly a quarter of the total proposed FY24-25 City Center TIF budget of$862,000. Recommending approval of the grant would directly further the Affordable Housing and Houselessness area of emphasis of the TCAC's 2023-2024 Strategic Plan. Next Steps: If the TCAC recommends approval and the Board of the TCDA authorizes the development assistance, a legal agreement will be executed with Just Compassion. The grant would be paid when the project's SDC's are due. The funds are available in the FY 2024-25 TCDA budget. Development Assistance Project Scoring Matrix Just Compassion Project Attribute/ Points Description Notes Criteria Housing and Housing Affordability Regulated affordable 10 Per unit, no max N/A housing at 80%AMI or below Market rate housing 1 Per unit, max of 150 N/A Mixed-income project Multi- Mixed-income N/A (At least 20% regulated plier projects will affordable housing and 20% (x1.5) receive 1.5 times market-rate housing) the total number The JC project falls outside the 60 definition of affordable or market rate housing. However, it will provide 60 critically needed shelter beds for unhoused people, so 60 points are awarded. Other City Center Goals For each of the following 35 Maximum each Public Amenities 30 Provide The houseless services will amenities above benefit the community and beyond City include access center, a standards, dining area, offices for including public client services,treatment plaza. programs, medical triage, a job center, bathing facilities. During extreme weather conditions,the center will be transformed into a severe weather shelter High-quality Urban Design 25 Discretionary: The project will build out 175 landscaping, design. feet of SW Hall Blvd frontage and 160 feet of frontage on SW Knoll Dr with new sidewalk and landscaping. Equitable Economic Opportunities 30 MWESB Project has 21.5% employment, below- Disadvantaged, Minority, market commercial Women, Service-Disabled or rent. Emerging Small Businesses Placemaking and Local Identity 25 Active frontage, art, The project has high quality wayfinding. architecture along the street frontage and includes a plaza for guests and a community garden Improves Multimodal Conditions 25 Transit proximity, The street improvements will bike infrastructure, benefit all modes. Close etc. proximity to 3 bus lines and Tigard Transit Center/WES and JC will provide TriMet passes to all guests. Bike parking and bike repair station provided. Mitigates Env. or Stormwater 30 Green building The project includes 2 new Issues standards (e.g., low-impact development LEED),green stormwater planters. infrastructure, Additionally, the project will capital projects. remove contaminated soil from previous development. JC is also pursuing grants to install solar panels Located in a Downtown Priority 0 Specific area Not on Main Street Area requirements Other Triangle Goals Subtotal 170 Housing and Housing Affordability 60 Minimum Points to Qualify for RDAP 200 Total Points 230 Town Center Advisory Commission (TCAC) Tigard, Oregon Strategic Plan 2023-2024 Revised 2/14/24 Vision As a commission and through our TIF districts, we will enable, encourage and support redevelopment with the goal of becoming the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. Aspirational Continue to facilitate and promote opportunities for the development of affordable Goal housing, provide support for measures to reduce houselessness, provide support for equitable business development, and advance efforts toward improved walkability, equity, and connectivity within and between both TIF districts. Areas of Equitable Business Connectivity and Access Affordable Housing and Emphasis Development Houselessness Strategies Advocate for stakeholders Support city's goal to obtain Support for physical facilities in both TIF districts using funding to improve and take and additional shelter space data collection, analysis ownership of Hall Blvd. and services for persons and summary in the focus Support the city's grant experiencing houselessness. areas of:parking, safety, request for 72nd Ave. Development of additional unconventional business improvements. Look for shelter space and affordable opportunities, program other opportunities in the housing through a and service awareness, Triangle for pedestrian consciously-integrated and possible locations for improvements. programmatic response that business development. includes the city, public and private entities, and local housing nonprofits working effectively in Tigard to address that deficiency. TCAC supports Tigard's Strategic Priorities: • Set the standard for excellence in public service and customer experience. • Create a well-connected, attractive, and accessible pedestrian network. • Ensure that development and growth support the vision. Our plan will incorporate the principles of equity, environment, economy, engagement and excellence in our work as an advisory commission. The four goals of the City of Tigard: 1) Reduce Houselessness 2) Improve Climate 3) Enhance Community Safety and Access 4) Modernize and Improve City Services Prepared for 1CAC by Amanda Sharp ideate business consulr i , y ii , C sharp . amanda . k@gmail . com 11I' ,' c, E Area of Equitable Business Development Emphasis Aspirational Safety and security for businesses in both TIF districts. Outreach programs for new Goals businesses seeking to open in Tigard.A plan for unconventional business opportunity/development and support and for identifying potential locations for these businesses.Awareness of the current and needed services and resources available for equitable development. New,diverse and active participation in forums to better understand business and development needs and goals. *SUPPORTS CITY GOALS 3,4 Strategies Advocate for stakeholders in all TIF districts using data collection, analysis and summary in the focus areas of:parking,safety, unconventional business opportunities, program and service awareness and possible locations for business development. Action Plans 1) Advocacy and Support for Business Owners in • Attend meetings of TDA and TIF Districts Tigard Chamber-and/or- a. Communication process such as a • Schedule listening sessions survey or listening session with a data Identify key questions and collection process to understand the record responses at each needs for safety, security and meeting attended. Track these beautification and report at TCAC meetings. b. Ongoing support with business • Ask business owners what owners'groups to continue would help: create a forum for conversations and communication in ongoing feedback by June 30, support of needs analysis 2024 * note overlap with item 3 c. TCAC member liaison attendance at below TDA meetings to listen and learn the business needs of TIF District business owners 2) Analysis and Summary of the Parking Survey • TCAC members create a report a. Formal review of parking survey and presentation including results with written summary recommendations for the future (by Dec 2024) b. Report-out to TCAC at a commission meeting with the analysis and potential next steps 3) Planning for Unconventional Business • Use available list, update Opportunities records with phone and contact a. Use community-generated list to information (by Dec 31, 2024) make calls to potential businesses • Work with city staff to create a b. Create a plan and script to contact by contact schedule for list(by phone with follow-up materials or June 30, 2024) calls • Create a script for calls and c. Create outreach program with collect resources and materials marketing materials and strategy for that can be used to forward to new TIF district businesses that can business owners as follow up. also be used to support recruitment (see item 3) Include basic of new businesses that the questions from Action plan#1, community wants items 1-2-3) (by June 30,2024) See * above sharp . amanda . k@gmail . com 2IPa ; f i. Identify locations that would • Offer support and request be viable for food carts or participation in future other unconventional conversations about businesses development in TIF districts/invite to meetings by Aug 30, 2024) • Meet to create a plan to identify potential locations by July 31, 2024 • Work with city staff, real estate professionals, etc. • Identify 3-5 possible sites by Dec 31, 2024 d. Develop an inventory/list of available . Collect resources and materials current programs, services and that can be used to forward to resources that support TIF district business owners as follow-up. businesses • Create an inventory and virtual i. Work with social media packet of business coordinator and economic development resources development manager to available and related to TCAC share marketing strategies support, and include other city and resources and economic development resources if available (by June 1, 2024) Prepared for ICAC by Amanda Sharp , ideate business consulting May 2 0 2 3 sharp . a m a n d a . k P g m a i l . c o m 3 I P age Area of Connectivity and Access Emphasis Aspirational Adequately-funded, improved Hall Blvd.,with Tigard ownership.Approved and activated Goals grant funding for 72nd Ave improvement projects. Improved environmental impact and connectivity for pedestrian and multi-modal improvements between and within TIF districts. *SUPPORTS CITY GOALS 2, 3,4 Strategies Advocate for funding in all TIF districts through intentional, strategic support in the form of letters of support, position statements and advisory recommendations to decision-makers. Active support for acquisition of Hall Blvd. by City of Tigard. Perform ad-hoc research to identify walkability issues and potential solutions. Document and report on pertinent studies, such as the Red Rock Creek Trail Study, and legislative actions that may impact safety, pedestrian projects, walkability and wayfinding. Action Plans 1) Advocacy and Support for adequate • Provide letters of support, position connectivity, access, mobility and statements,quotes or other support for safety related funding: Hall Blvd and Hall Blvd. and 72"d Ave.funding 72nd Ave Improvement projects opportunities including public safety levy, a. Hall Blvd: Support adequate grants, etc. funding for Hall Blvd. o Describe community safety,access transfer of ownership and environmental impacts as b. 72nd Ave: Support for 72nd results of a funded project Ave. grant funding leading • Publicly support funding opportunities to enhanced community including public safety levy,grants, etc. safety and accessibility for through agendized report at TCAC or all modes of transportation other public meetings by Dec 31, 2024. • Identify key improvements needed using available data, qualitative analysis from c. Hall Blvd/72"d Ave: Support City staffers,and public input on the for safety improvements, services needed to achieve improved directional signage, connectivity and access; document and crosswalks, and generally record findings with recommendations to improved pedestrian access TCAC by Dec 31, 2024. to services 2) Active support for ownership of Hall • Report to TCAC with ongoing progress to Blvd. by the City of Tigard complete transfer (at least 2 by Dec 31, a. Support secure funding to 2024) complete transfer • Provide position statements to decision- makers regarding improvements to Hall Blvd.that impact TIF districts and TCAC goals(by Dec 31, 2024) • Meet with city staff to understand potential funding options (such as levies) that may also provide funding for safety measures, sidewalks, and pedestrian access(by Dec 31, 2024). Provide a report to at least one TCAC meeting (by Dec.31, 2024) 4' r p :; ed 'c r .i , Shat p iucalC business ( CiI I. sharp . amanda_k (bgma il . com 41rnyo 3) Ad-hoc (personal) research on • TCAC(connectivity and access members) walkability issues within and walk the TIF districts(by December 31, between two TIF districts 2024) a. Ask pedestrians and patrons • TCAC members create a report and of local business to identify present to TCAC including walkability issues recommendations for the future (by Dec. b. Note issues identified 31, 2024) c. Investigate status of grant • Presentation will include next steps application for Wall Street including suggestions on how to identify railroad crossing the specific improvements needed (by d. Report-out to TCAC at a Dec. 31, 2024) commission meeting with the analysis and potential next steps e. Coordinate with Tigard Transportation Advisory Committee on projects that can connect the two TIF districts 4) Planning for wayfinding, signage and • Use existing and recent survey results and technology solutions to encourage meet with City staff to request an multi-modal connectivity between inventory of requested recommendations and within TIF districts to improve wayfinding and connectivity a. Create an inventory of (by March 30, 2024) recommendations to • Work with city staff to create a prioritized improve paths for list of improvements (March 30, 2024) pedestrians, bikes, and • TCAC(connectivity and access members) mobility devices research possible web-based tools or b. Research possible apps that could be implemented in TIF technology tools that may districts. assist in wayfinding • Support reasonable and strategic budget c. Support funding within the requests for wayfinding/signage and web TCAC budget for wayfinding tools by attending Council meetings or consulting and signage affirming support at TCAC meetings. projects • Meet with interested TCAC members to d. Create a plan to support use create a plan for next steps in a strategic of web tools and to market outreach campaign and engage the community o Include City Staff, such as social to use new wayfinding and media coordinator and economic TIF districts paths, crossings, development manager bike lanes, etc. o Include business owners: bike i. Work with social shops, shoe stores, etc. media coordinator • Document plan and submit to TCAC and economic during a public meeting(by June 1,2024) development • Continue support through 2024-25 TCAC manager to share Strategic Plan marketing strategies and resources sharp . amanda . k@ gmaiIcom 5 I r' � a Area of Affordable Housing and Houselessness Emphasis Aspirational Measurable improvements in available shelter and services to relieve the humanitarian Goals crisis of houselessness. Measurable improvements in available affordable housing to address the deficit of rental housing inventory. Improved coordination of programs, providers and funding breaking down silos and inefficiencies. *SUPPORTS CITY GOALS 1,4 Strategies Attend, update, monitor, report and present with new and pertinent information from housing and houseless stakeholder groups. Coordinate and share information acting as liaisons to TCAC with local organizations to ensure information flow and coordination to improve efficiency. Develop suggested strategies and policies to address housing issues within the purview/scope of TCAC to City officials and decision makers. Support funding needs and development assistance available for shelter, transitional and affordable housing. Action Plans 1) Identify liaisons to attend regular • One representative to attend CHART third housing and houseless stakeholder Wednesday of every month with meetings. attendance recorded in meeting minutes. a. TCAC chair or alternate to attend (at least 3 meetings by Dec 31,2024) CHART (Community Homeless • Designation of at least one representative Assessment& Response Team) from TCAC to attend service provider meetings meetings (by June 30, 2024) b. Designate liaisons to attend • Designation of at least one representative board meetings of affordable from TCAC to serve as point of contact for housing and community service other city and/or county housing and providers such as houseless program information c. Family Promise, Community coordination (by June 30,2024) Partners for Affordable Housing, . Liaison/representatives to attend service Just Compassion Designate point provider meetings with report to TCAC as of contact for city or county verification of attendance (at least 3 by housing and houseless initiative Dec 31, 2024). information 2) Active participation and information • Liaison/representatives to attend service sharing from stakeholder provider meetings with report to TCAC as organizations(in item 1 above)to verification of attendance (at least 3 by TCAC Dec 31, 2024). a. Attend meetings • Report to TCAC with ongoing progress b. Provide Reports to TCAC regarding increased inventory of shelter c. Return feedback from TCAC to and housing (at least 2 by Dec 31, 2024) stakeholder groups o Engage TCAC for feedback to provide d. Include City staff at future meetings, including position statements or other forms of support or advice 3) Monitor data obtained by City • Quarterly or as available, share data pursuant to desired outcome: "Grow available to the City regarding impacts of Collaborative Partnerships" programmatic efforts (at least 1 by Dec a. Monitor data obtained by City 31, 2024) b. Arrange for presentations to • Connect with local experts, such as Kim TCAC by local, regional, and/or Ezell,to arrange an annual TCAC national experts presentation shark amanda . k a��mail com i. Work with City staff to schedule TCAC presentation 4) Consider providing development • Obtain current project budget from J.C. assistance including gap funding/documented at a. Just Compassion TCAC meeting i. Expand transitional • Obtain projection of anticipated revenues housing and wrap-around for City Center District for next 3 fiscal services years ii. Site, develop and partner to operate transitional • Acquire data on the estimated increase in housing with wrap-around services, shelter,or housing anticipated services in Tigard upon project completion- report to TCAC in minutes (by Dec 31, 2024) • Identify existing funding commitments, coordinate with Just Compassion on available potential funding • Recommend set-aside for next 3 fiscal years) ++ • Work with CPAH designee, to obtain project budget and project schedule (by Sept 1, 2024) b. Community Partners for • Obtain a projection of anticipated Affordable Housing revenues for Triangle District for next 2 i. Woodland Hearth Project fiscal years, or reasonable timeframe. ii. Identify existing (See Goal 4, bullet 2 + commitments of the • Acquire data on the estimated increase in Triangle District's TIF services,shelter,or housing anticipated funds for next 2 fiscal upon project completion- report to TCAC years in minutes (by Dec 31, 2024) iii. 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Main Street at Fanno(AVA) project • Apartments being leased • Commercial space improvements should be complete in fall 4. Building Improvement Grants • Committee meeting to consider two grants 5. Nick Wilson Memorial Plaza (Fanno Creek Overlook) • 100% Design Development plans being reviewed • Cost estimate will be produced based on plans 6. City Facilities Consolidation (only parking structure is TIF funded) • Council approved purchase of property off Hunziker for new Public Works facility. Could also include PD. • Future of PW building site TBD 7. Downtown Reimagined • Council was briefed on final report on July 16. They had concerns. Comp Plan amendments were approved after removing reference to the report in the ordinance 8. Downtown Parking Strategy • Negotiating with parking enforcement vendor on contract • Council briefing on Sept 3 • Meeting with parking committee 10. Hall Blvd • Hall will be considered for jurisdictional transfer in fall 2024. If selected,funding would be taken up in 2025 legislative session Tigard Triangle TIF District 1. A Bridge to Home(FPTV) • Development Assistance -$565K is pending construction of improvements 2. Red Rock Creek Trail Planning • Investigating grants for construction 3. Parks • Agency investigating properties • REACH working on design for pocket park across the street that will be donated to city 4. Opportunity Fund • No update 5. 72' Avenue • Preliminary design work underway • RAISE grant application for Dartmouth to Pacific Hwy. section was not selected 6. DIG Hampton Street Project • Construction underway, expected completion October 2024 7. Mixed Use Path over Highway 217 • No Update 8. REACH/Dartmouth Crossing North • Building construction underway • Offsite pedestrian improvements(Clinton St. sidewalks and crossing of 72"d)will be part of project, construction in late 2024 9. Tigard Cinemas Property • PacTrust working on concept plan 10. CPAH Woodland Hearth • Legislature approved $1.5 million to help pay for sewer/stormwater/water infrastructure for project, as part of housing bill. • Construction scheduled to start November 2024 with lease-up in 2026 CITY OF TIGARD TOWN CENTER ADVISORY COMMISSION Meeting Minutes August 14,2024 Members Present: Alvin Bautista,JoJo Keating, Elise Shearer (Vice Chair),Bob Tomasovic, Gabe Velasquez (Chair) and Derrick Wright. Members Absent:John Goodhouse (Alternate), Patty Lofgren,and Chris Sjolin, Staff Present: Redevelopment Project Manager Sean Farrelly and Sr.Administrative Specialist Joe Patton. Others Present: TCAC Council Liaison Council President Yi-Kang Hu,Tigard residents Sean Murphy and Lindsey Voorhees,and Just Compassion Development Coordinator Michael Austin. 1. CALL TO ORDER Chair Velasquez called the meeting to order at 6:00 pm.The meeting was held in Town Hall with a hybrid MS Teams option. 2. CONSIDER MINUTES The June 12 and July 10,2024,TCAC Minutes were unanimously approved. 3. CALL FOR NON-AGENDA ITEMS Elise and Sean had items. 4. PUBLIC COMMENT Sean Murphy felt the criteria was not met and that awarding the grant would decrease the funds available for affordable housing projects. Points awarded should follow metrics that drive accountability and should include such things as volume of police calls, etc. His concern is that continued funding of these programs should be contingent on meeting success thresholds through the well-defined metrics. Lindsey Voorhees concurred with Sean Murphy that and doesn't feel Just Compassion is eligible for the funds and she urged Commissioners to pause the request and allow more time for public input. She would like to see an accountability matrix as well to measure the program's success. 5. FOLLOW UP FROM PREVIOUS MEETINGS —N/A 6. JUST COMPASSION DEVELOPMENT APPLICATION Michael Austin thanked the residents for their public comments and noted that all of their required reporting goes directly to Washington County. He reviewed the funding they have so far and said they have a$600,000 gap. He talked to Family Promise and CPAH about potential additional funding sources and a new grant will be available from HUD,but little funding from the state or county level. He highlighted the inclement weather temporary lodging that they can provide with the additional beds. The county determines when inclement weather lodging is needed and provides additional funding to help cover costs. Private funding also helps cover operating costs. Elise asked about accountability measures and what metrics are used. Michael noted that any incidents that include fire,ambulance, or police on their property are reported to the county and the city. They have program targets that must be reported as well. The purpose is to help people progress through the program and into stable,permanent housing. TOWN CENTER ADVISORY COMMISSION August 14, 2024 JoJo voiced support for the work Just Compassion does and asked about the request not meeting the Housing and Housing Affordability criteria in the scoring matrix. Sean noted that the project falls outside the definition of affordable or market rate housing,but it will bridge the gap between the two and provide sixty critically needed shelter beds for unhoused people. When establishing the criteria it was impossible to anticipate every type of project,but this project does meet the spirit of the criteria as did the request from Family Promise,which also provides transitional housing. Derrick noted the positive impact of Family Promise and the existing beds Just Compassion offers on the downtown area and the surrounding n neighborhood. Commissioners expressed their support for the request and asked about the possibility of increasing the grant amount and if there are other potential affordable housing projects that might request funding. Sean noted that the budget is constrained for this fiscal year and there are no other pending requests that he is aware of.TCAC would make a recommendation for approval to the Board of the TCDA and if they agreed to increase the amount a budget amendment would be required, and funding would come from other previously approved projects. Commissioners unanimously approved a motion to recommend TCDA approval of a$200,000 grant to Just Compassion. 7. REVIEW OF TIF PLANS This item was tabled until the September 2024 meeting. 8. PROJECT UPDATES Sean briefly reviewed the updates included with the Agenda. 9. NON-AGENDA ITEMS A. Elise asked for a volunteer to assume her Vice Chair and CHART Liaison roles for the remainder of the year at which time new appointments will be made. Bob and Derrick volunteered to assist and will discuss which role each will take on before the next meeting. B. Danelle Hauther was promoted to Economic Development Manager. Daniel Thompson and Bryan Purdin resigned from the TCAC for work related reasons. C. Derrick asked about moving the bike lane on 72°d and Baylor be moved to allow for parking. Sean will discuss it with the city's internal parking and traffic committee and report back. 10. LIAISON REPORTS—N/A A. Sean will ask for a CHART briefing from the last meeting. 11. ADJOURN BUSINESS MEETING The meeting adjourned at 7:30 pm. Joe Patton,TCAC Meeting Secretary Gabe Velasquez, Chair . ..,,-...:-•.-,.,.4.v,,,..: •-: ::,.1:';-...1::-,,, , .--,-. 1.,..• , , ,- •-•-'-''.'1 .-_,•' ...4-,,,:.-•.'1,'• • •.•-2,Ati,..7.--•1 ,..,-.-,, .-, .z.-. - — , ',:,,,,pr- t-.: .....-- ,,f,...,•,..:- _ ., , -, .1.-, :,..-,--.- , c-,•-•-•.,i.-•-...i.,,,. ,,;.,1" , ''':...7r :' eil k' ' I) .r.'"*P.'''‘''S'''' - .1 I.. 4411140'i ri:..)m•r: . ANNUAL „..„...,.•,,,,,, _ . , , --4.J.: i--1-tt.--- ' ' • ' ' -, . IL\• "` ,;. -'' '''--,..- '11 .• . i, ..,,,-, '." ':* /,'"'-'4" %)-2/ ''' ' *-"";:--::...!'• ' -JILL`, ...., FINANCIAL .rui 1.--- ''', 4•=-..-:•''' 1 :V v ' , .- .•,s".\ . .,11;•Ii-',. IP • . .. - tith-07...17, ::'-• .) 11°*.` .. '''':;.• ''. • BUDGET , telb POD :•.- •'-, - .. lb.,. 1 , ,,,,,.\ FOR FISCAL YEAR ENDING ,it IR Ion ,, .1 JUNE 30, 2025 , I -, - __ :-." ;-: `.•'_- ,••410% - - . t .‘ ..,,,, ..... ., -.1,..,''--.. 1 ..,....1- -.' • . ,414 i' orLise- ---"-p r • 4. - ' , -s, . 44- • r. .'•' we ______. , - .- , .... ..-YIF . , . . _ . .. . • • -: • ?.. . , p, ..r.'' - ' y• ' ) A.• // .... .• „ - rA , ,. 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IL,Ilt , .i 4 , - TOWN CENTER DEVELOPMENT AGENCY CITY OF TIGARD, OREGON FY 2024-25 ADOPTED BUDGET TOWN CENTER DEVELOPMENT AGENCY BUDGET COMMITTEE Jake Schlack, Chair Mayor Heidi Lueb Clarissa Benfield Councilor Yi-Kang Hu Scott Duddy Councilor Jeanette Shaw Kelli Pement Councilor VACANT Leah Voit Councilor Maureen Wolf TOWN CENTER DEVELOPMENT AGENCY BOARD Heidi Lueb, Chair Yi-Kang Hu Jeanette Shaw VACANT Maureen Wolf EXECUTIVE DIRECTOR Steve Rymer COMMUNITY DEVELOPMENT DIRECTOR Sambo Kirkman, Interim REDEVELOPMENT MANAGER Sean Farrelly FINANCE DIRECTOR Eric Kang • TCDA Prepared by the following City of Tigard Teammates: Steve Rymer, City Manager Eric Kang, Finance Director Emily Tritsch,Assistant City Manager Kalena Plath, Budget Manager Kathy Nyland,Assistant City Manager Nick Long, Budget Analyst Sean Farrelly, Redevelopment Project Manager Design & Communications Team TCDA FY 2024-2025 BUDGET MESSAGE Town Center Development Agency Fiscal Year 2025 Budget Message April 24, 2024 Town Center Development Agency Board Directors, TCDA Budget Committee Members, and the Tigard Community: It is my privilege to present the Fiscal Year 2024-2025 (FY 2025) adopted budget for the Town Center Development Agency (TCDA), Tigard's tax increment financing agency. Working with stakeholders, the TCDA oversees the revitalization of the voter-approved Tigard Triangle and the City Center (downtown) Tax Increment Financing (TIF) districts. The TCDA plays a vital role in advancing our shared vision for Tigard to become "an equitable community that is walkable, healthy, and accessible for everyone." The TCDA improves Tigard's long-term fiscal health by attracting new business and housing investment to the TIF districts. This development increases Tigard's tax base over time. In turn, this enables expanded city services for all Tigard residents. The TCDA supports implementing and managing several key priorities of our Strategic Plan, including: • Planned infrastructure projects like new streets, sidewalks, pedestrian safety projects, trails and access to public space; • Programs that assist mixed-use development and small businesses within the TIF districts; • Addressing the housing needs of all community members by providing development assistance for affordable housing in the TIF districts; • Attracting development to the TIF districts, which are areas that have the capacity to serve, house, employ, and attract the most people with the least impact on Tigard's natural systems and the climate; and, • Increasing the variety of local amenities for residents to access in Tigard. Guided by our Strategic Plan, City Council's goals, Community Promise (5 Es), and our commitment to fiscal responsibility, the TCDA's FY 2025 Adopted Budget expenditures are $9.95 million, with operations accounting for $4.42 million, debt service $1.43 million, and capital improvement projects of $4.10 million. In FY 2024, the TCDA continued to fulfill its mission by creating a safer, healthier, and more connected Tigard for everyone. Working with partners and community members, we: • Advanced affordable housing through the completion of the Alongside Senior Housing project in the City Center; • Advanced market-rate, mixed-use development with the nearly complete AVA mixed-use project on Main Street; • Completed construction of the Main Street Green Street Phase 2 project, which was partially funded by Tax Increment Financing. This has improved mobility and connectivity for people walking and rolling Downtown; • Initiated the Downtown Wayfinding Planning project to encourage walking and cycling in the Downtown; • Supported equitable small business development. Two grant-assisted projects funded by the Tigard Triangle Business Opportunity Program were completed. The City Center Improvement Program application process was streamlined, and new grant awards were made; TCDA 2 FY 2024-2025 BUDGET MESSAGE • Assisted with reducing houselessness by providing funding for renovations of the Family Promise of Tualatin Valley's Bridge to Home building. This program provides housing stability for 70 families and households with medically fragile adults; and, • Created a second TIF-funded position to manage additional programs and projects in the two TIF districts. The investments included in the FY 2025 Adopted Budget ensure that the TCDA will continue making progress on key community priorities: • Complete the Downtown Wayfinding Plan; • Make progress on acquiring land for Tigard Triangle parks and open spaces; • Continue the city's commitment to housing for all. On behalf of the team advancing the TCDA's vision, I am grateful for the time, commitment, and guidance of the volunteers who serve on the Town Center Advisory Commission (TCAC). The FY 2025 TCDA budget reflects recommendations from the TCAC: • Continue the increased grant funding availability to help attract new eating and drinking establishments to Downtown, and work with the Tigard Downtown Alliance to market the grants to prospective new businesses and property owners. • Continue prioritizing development assistance for affordable housing. • Include funding to build missing pedestrian infrastructure through partnerships in the TIF districts. The TCAC recommended approval of the proposed FY 2025 TCDA budget at their March 2024 meeting. As downtown grows, it will attract more visitors. Although not funded by TIF, a city priority for FY 2025 will be downtown parking management. I want to acknowledge the hard work, commitment, and collaboration of Team Tigard in developing this plan. I want to specifically thank Sean Farrelly, Kenny Asher, Tina Escalera, Danelle Hauther, Eric Kang, Kalena Plath, Lindsay Bartholomew, Emily Tritsch, Joe Patton, Judi Martin, Martin McKnight, Laura Barrie, and Courtney Furman. We look forward to continued progress in the coming year on advancing the TCDA's mission of creating a safer, healthier, and more connected Tigard for everyone. Respectfully, Steve Rymer, Executive Director Town Center Development Agency TCDA 3 CITY CENTER URBAN RENEWAL DISTRICT MAP & AREA FACTS Cit) Center Tax "®'"a"° tar Increment Financing ep4, s S: District coa,a...,.,n yep P . ra.oaun 4p� _ \ i p _ ..... curc.0 - .a'$2 City Center TIF District ] ',` d ', pjy ST pema� /S — i C k..G1 QPG Q -Ia g • C 44<4,0 pR r° et y .x``�F' [y pTST , lu y4,i ,94,42 "r Y \ s? ikFR Rp \ n ` n, i / imoi, „s i aawwa rNr, o,.c,„....* ' '''. / Nerd "..k..� —JI District Formation Date May 2006 District Size (acres) 228.96 District Tax Lot Area (acres) 185.60 District Right of Way Area (acres) 43.36 Base Assessed Value $117,552,911 Assessed Value (projected FY25) $198,052,485 Annual Taxes Levied (projected FY25) $944,812 Maximum Debt Limit $42,800,000 Debt Issued (2006-2024) $12,502,980 Remaining Debt Limit (2024) $30,297,020 Principal Debt Outstanding (2024) $7,363,343 TC DA 4 CITY CENTER URBAN RENEWAL PROJECT LIST CITY CENTER URBAN RENEWAL AREA FY 2024-2025 PROJECT LIST City Center TIF Projects City Center Plan Project Proposed FY24-25 Budget Purpose/Benefit Universal Plaza E.2 Public Spaces: Plazas $0 Construction of a large public gathering space. Project close-out Design and engineering of public Nick Wilson Memorial Plaza/ E.2 Public Spaces: Plazas $200,000 space/Fanno Creek Trail Fanno Creek Trail Lighting connection adjacent to brewpub. CIP#97027 Total City Center Capital $200,000 Improvement Projects City Center TIF Programs City Center Plan Project Proposed Purpose/Benefit FY24-25 Budget G.1. Planning and Planning/analysis for new housing Development Opportunity Development Assistance: $30,000 and mixed use redevelopment in Studies/Development Advising Rehabilitation/Redev. the Downtown and development Grant/Loan Program advising to the Agency G.1. Planning and Development incentive for mixed Development Assistance Development Assistance: $200,000 use or affordable projects that Rehabilitation/Redev. demonstrate a financial need Grant/Loan Program Matching grants to property and business owners for facade and G.1. Planning and Development Assistance: tenant improvements have Building Improvement Grants Rehabilitation/Redev. $200,000 strengthened participating Grant/Loan Program businesses and improved downtown's position as a walkable commercial district. Downtown Wayfinding B.Streetscape $45,000 Develop a master wayfinding Improvements signage plan Administration E. Plan Administration $187,200 Administrative costs associated with implementation of Plan Administration E. Plan Administration $76,985 Administrative cost allocation for City services Total City Center TIF Programs $739,185 Total City Center TIF Expenditures $939,185 TCDA 5 CITY CENTER URBAN RENEWAL CAPITAL IMPROVEMENT FUND FY FY 2024 2025 Proposed vs Descri•tion 2022 2023 Revised Pro•osed FY 24 RESOURCES 40000 - Beginning Fund Balance 3,880,320 3,895,716 275,083 179,843 -34.62% Total Beginning Fund Balance 3,880,320 3,895,716 275,083 179,843 -34.62% 44501 - Intergovernmental Revenue 0 0 0 0 0.00% Total Intergovernmental 0 0 0 0 0.00% 47000- Interest Earnings (43,345) 80,270 69 450 552.17% Total Interest Earnings (43,345) 80,270 69 450 552.17% 48001 - Recovered Expenditures 10 0 0 0 0.00% 48003 -Asset Sale Proceeds 0 0 0 0 0.00% Total Miscellaneous 10 0 0 0 0.00% 49001 - Debt Proceeds 1,019,700 900,000 0 0 0.00% Total Other Financing Sources 1,019,700 900,000 0 0 0.00% 49425 -Transfer In from Parks SDC Fund 338,789 2,015,452 0 0 0.00% 49930-Transfer In from Urban Renewal DSF 0 0 1,270,000 939,185 -26.05% Total Transfers In 338,789 2,015,452 1,270,000 939,185 -26.05% Total Resources 5,195,474 6,891,438 1,545,152 1,119,478 -27.55% REQUIREMENTS Program Expenditures TCDA-City Center 158,819 123,688 924,555 739,185 -20.05% Total Program Expenditures 158,819 123,688 924,555 739,185 -20.05% Total Work in Progress 1,140,939 6,626,369 600,500 200,000 -66.69% Total Transfers Out 0 0 0 0 0.00% Total Budget 1,299,758 6,750,057 1,525,055 939,185 -38.42% Reserve for Future Expense 3,895,716 141,381 20,097 180,294 797.12% Total Requirements 5,195,474 6,891,438 1,545,152 1,119,478 -27.55% TCDA 6 CITY CENTER URBAN RENEWAL DEBT SERVICE FUND FY FY 2024 2025 Proposed vs Descri•tion 2022 2023 Revised Pro•osed FY 24 RESOURCES 40000- Beginning Fund Balance 1,347,913 1,596,211 1,031,989 906,101 -12.20% Total Beginning Fund Balance 1,347,913 1,596,211 1,031,989 906,101 -12.20% 40100 - Current Property Taxes 722,024 804,535 848,511 944,812 11.35% 40101 - Prior Year Property Taxes 6,686 4,696 0 0 0.00% Total Taxes 728,710 809,231 848,511 944,812 11.35% 47000 - Interest Earnings (14,881) 67,186 4,035 2,265 -43.87% Total Interest Earnings (14,881) 67,186 4,035 2,265 -43.87% 48001 - Recovered Expenditures 0 0 0 0 0.00% Total Miscellaneous 0 0 0 0 0.00% Total Resources 2,061,742 2,472,628 1,884,535 1,853,178 -1.66% REQUIREMENTS Total Debt Service 465,531 491,323 574,750 679,000 18.14% Total Transfers Out 0 0 1,270,000 939,185 -26.05% Total Budget 465,531 491,323 1,844,750 1,618,185 12.28% Reserve for Future Expense 1,596,211 1,981,305 39,785 234.993 490.66% Total Requirements 2,061,742 2,472,628 1,884,535 1,853,178 -1.66% TCDA 7 TIGARD TRIANGLE URBAN RENEWAL DISTRICT MAP & AREA FACTS awo ��� Tigard 'Triangle Tax 5 5 a $o CAPITOL HWY .Aar°r Increment Financing = : Q ° MLR..IT District `_ :� ,sr; /nc,,,,. is r a a °°ter I n:,.. 1;x.,:;1,P 4,,;: uric ff'rrrwaesr a y. g 3 P f vruwsx .-°w s \y..G 9if - V . Tigard Tnangle TIF Discria G ° QT. vE ! / i 3 q :�,>n°'g�`.. ,.Y GAFF% .Tta. ]T I 1 MHOS ST i @^ +4 ',V.' +,3a 4 T.»°e:..-r :Rc'0 " ‘ a a.ST i 9 MLR,,,, 6r'"r.�v .„,.',' # s".4,r. O 9 .l I1 m r 3:roarw°r' .r*'cT.ry,E ,ur.ey.s ST - a ��- cu.+s.sr �`.P C C 'Tw G w g P "`".r °y r ams . ; J } OARrMOUTH ST Y I.I :" iw' ' ° ) e °u:m 's MGR., ,0"1.,'" ,p+. Arno O a a,w,.'T sr �.,. a < . i.,�,*ou .icwa""„ ‘ y.1rrc, 7. x'"*O'<,U°Y+• /ePpa`"" .�9� = d' "F °'"'r t-i a 'i ' 1 g w °ar ra g / M `e`"4i I. Wq< ''''''4.„/// e°Ry y�'kFa r 5 n�.rw�es,.0 y k 't'`, / . .{y Rp '� a U[nSr,,O° X aL J:I a. A- aa.. \: TIGARD TRIANGLE URBAN RENEWAL & PROJECT LIST TIGARD TRIANGLE URBAN RENEWAL AREA FY 2024-2025 PROJECT LIST Triangle Capital Triangle Plan Project Proposed Purpose/Benefit Improvement Projects FY24-25 Budget Acquiring property for parks, such as splash pads, nature play areas, skate parks, pocket parks, linear parks,and neighborhood C. Public Spaces, parks;greenways,such as along Red Rock Park Acquisitions Facilities, and $2,900,000 Installations Creek. This amount will be transferred to COT Parks Capital Fund. Total CIP amount is $3.8M including $0.8M from Park SDCs. CIP 97028. Infrastructure opportunity Fund opportunities to build pedestrian/ fund A.Transportation $1,000,000 street infrastructure though public/private partnerships Total Triangle Capital $3,900,000 Improvement Projects Triangle TIF Programs Triangle Plan Project Proposed FY24-25 Budget Purpose/Benefit D. Re/Development Fund to contribute to the area's diversity Affordable Housing Assistance and $1,500,000 and vitality by providing pre-development Development Fund Partnerships and assistance to affordable housing projects. Fund to contribute to the Area's diversity D. Re/Development and vitality by providing assistance to new Business Opportunity Fund Assistance and $200,000 and existing businesses and housing Partnerships developments, including facade and improvement grants D. Re/Development Previously approved development Development Assistance Assistance and $1,650,000 assistance for the Overland (72nd/ Partnerships Dartmouth) mixed use. Administration E. Plan Administration $187,200 Administrative costs associated with implementation of Plan Administration E. Plan Administration $42,474 Administrative cost allocation for City services Total Triangle TIF $3,579,674 Programs Total Triangle TIF Expenditures $7,479,674 TCDA 9 TIGARD TRIANGLE URBAN RENEWAL CAPITAL IMPROVEMENT FUND FY FY 2024 2025 Proposed vs Descri•tion 2022 2023 Revised Pro•osed FY 24 RESOURCES 40000 - Beginning Fund Balance 106,541 8,123,122 6,623,122 5,907,611 -10.80% Total Beginning Fund Balance 106,541 8,123,122 6,623,122 5,907,611 -10.80% 44501 - Intergovernmental Revenue 0 0 0 0 0.00% Total Intergovernmental 0 0 0 0 0.00% 47000 - Interest Earnings (78,870) 211,720 0 0 0.00% Total Interest Earnings (78,870) 211,720 0 0 0.00% 48001 - Recovered Expenditures 16 0 0 0 0.00% Total Miscellaneous 16 0 0 0 0.00% 49001 - Debt Proceeds 8,292,700 0 0 0 0.00% Total Other Financing Sources 8,292,700 0 0 0 0.00% 49935 -Transfer In from Tigard Triangle DSF 0 0 630,000 1,600,000 153.97% Total Transfers In 0 0 630,000 1,600,000 153.97% Total Resources 8,320,387 8,334,842 7,253,122 7,507,611 3.51% REQUIREMENTS Program Expenditures TCDA-Tigard Triangle 197,265 1,607,231 2,580,000 3,579,674 38.75% Total Program Expenditures 197,265 1,607,231 2,580,000 3,579,674 38.75% Total Work in Progress 0 0 1,000,000 1,000,000 100.00% Total Transfers Out 0 0 2,958,000 2,900,000 -1.96% Total Budget 197,265 1,607,231 6,538,000 7,479,674 14.40% Reserve for Future Expense 8,123,122 6,727,611 715,122 27,937 -96.09% Total Requirements 8,320,387 8,334,842 7,253,122 7,507,611 3.51% TCDA 10 TIGARD TRIANGLE URBAN RENEWAL DEBT SERVICE FUND FY FY 2024 2025 Proposed vs Descri•tion 2022 2023 Revised Pro•osed FY 24 RESOURCES 40000 - Beginning Fund Balance 850,023 1,382,726 388,194 2,933,634 655.71% Total Beginning Fund Balance 850,023 1,382,726 388,194 2,933,634 655.71% 40100- Current Property Taxes 1,037,434 1,321,808 1,574,893 1,738,619 10.40% 40101 - Prior Year Property Taxes 0 0 0 0 0.00% Total Taxes 1,037,434 1,321,808 1,574,893 1,738,619 10.40% 47000 - Interest Earnings (15,771) 71,562 5,317 7,334 37.94% Total Interest Earnings (15,771) 71,562 5,317 7,334 37.94% Total Resources 1,871,686 2,776,097 1,968,404 4,679,587 137.74% REQUIREMENTS Total Debt Service 488,960 677,673 745,000 746,000 0.13% Total Transfers Out 0 0 630,000 1,600,000 153.97% Total Budget 488,960 677,673 1,375,000 2,346,000 70.62% Reserve for Future Expense 1,382,726 2,098,423 593,404 2,333,587 293.25% Total Requirements 1,871,686 2,776,097 1,968,404 4,679,587 137.74% TCDA 11 SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted City Center Capital Improvements City Center URA 866,116 (126,931) 739,185 - 739,185 Capital Improvements 200,000 - 200,000 - 200,000 1,066,116 (126,931) 939,185 - 939,185 City Center Debt Service Debt Service 679,000 - 679,000 - 679,000 Transfer 1,066,116 (126,931) 939,185 - 939,185 1,745,116 (126,931) 1,618,185 - 1,618,185 Tigard Triangle Capital Improvements Tigard Triangle URA 3,549,974 29,700 3,579,674 - 3,579,674 Capital Improvements 3,900,000 - 3,900,000 - 3,900,000 7,449,974 29,700 7,479,674 - 7,479,674 Tigard Triangle Debt Service Debt Service 746,000 - 746,000 - 746,000 Transfer 1,600,000 - 1,600,000 - 1,600,000 2,346,000 - 2,346,000 - 2,346,000 All Funds City Center URA 866,116 (126,931) 739,185 - 739,185 Tigard Triangle URA 3,549,974 29,700 3,579,674 - 3,579,674 Debt Service 1,425,000 - 1,425,000 - 1,425,000 Transfer 2,666,116 (126,931) 2,539,185 - 2,539,185 Capital Improvements 4,100,000 - 4,100,000 - 4,100,000 $ 12,607,206 $ (224,161) $ 12,383,045 $ - $ 12,383,045 TCDA 12