Metro - CET West Bull Mountain 2/14/2013
CONSTRUCTION EXCISE TAX GRANT
INTERGOVERNMENTAL AGREEMENT
Metro—City of Tigard
West Bull Mountain Project
This Construction Excise Tax Grant Intergovernmental Agreement("CET Grant IGA")is effective on
the last date of signature below, and is by and between Metro, a metropolitan service district organized under
the laws of the state of Oregon and the Metro Charter, located at 600 Northeast Grand Avenue,Portland,
Oregon 97232("Metro"), and the City of Tigard("City"), located at 13125 SW Hall Blvd.,Tigard, Oregon
97223 (collectively referred to as the"Parties").
WHEREAS, Metro has established a Construction Excise Tax("CET")throughout the Metro regional
jurisdiction to fund local comprehensive planning needs associated with new inclusions into the urban growth
boundary("UGB");and
WHEREAS,the CET is collected by local jurisdictions when issuing building permits, and the CET
collected is remitted to Metro by the local jurisdictions via Construction Excise Tax Intergovernmental
Agreements to Collect and Remit Tax("CET Collection IGAs")entered into separately between Metro and the
local collecting jurisdictions; and
WHEREAS,on November 27, 2007 Metro entered into a CET Grant IGA with Washington County
("County")regarding payment to the County of CET funds for the cost of planning efforts required for the
West Bull Mountain area,which consists of approximately 500 acres that was brought into the UGB by Metro
in 2002("2007 IGA"); and
WHEREAS, on November 23,2010,the County adopted the West Bull Mountain Concept Plan
Resolution and Order("Concept Plan"),which established land use strategies for urbanization of the West Bull
Mountain area,thereby satisfying the four out of the five deliverables identified in the 2007 IGA; and
WHEREAS, on April 24,2012 the City and the County entered into an agreement wherein the City
agreed to accept responsibility for preparing and adopting refinements to the West Bull Mountain Concept Plan
that will provide a detailed framework for land use,infrastructure,governance and financial planning for
urbanization of the West Bull Mountain Area,to be known as the River Terrace Community Plan. As part of
that agreement,the County assigned to the City, and the City accepted,the County's remaining obligations
under the 2007 IGA regarding the West Bull Mountain project, as well as the County's right to receive
$134,000 in remaining funds from Metro under the 2007 IGA for outstanding deliverables;and
WHEREAS,Metro and the City wish to enter into this new CET Grant IGA in order to identify the
remaining work that needs to be done by the City in order for Metro to disburse the funds remaining from the
2007 IGA, and to identify the timelines for that work;
NOW THEREFORE,the Parties hereto agree as follows:
1. Reimbursement by Metro. Metro shall reimburse the City for approved eligible expenses
associated with the City's completion of those planning milestones in the amounts and at the times set forth in
Exhibit A attached hereto and incorporated herein.Payments shall be in accordance with the"payment
procedures"set forth below.
2. City Responsibilities. The City agrees that it shall take all actions in a timely and diligent
manner as required or necessary to complete and fulfill the milestones set forth in Exhibit A.
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3. Eligible Expenses. As set forth in Metro Code Chapter 7.04 Administrative Rules,the
following expenses shall be considered Eligible Expenses for CET Grant consideration, up to a ceiling of the
reimbursable amounts set forth in Exhibit A attached hereto: (a)materials directly related to project; (b)
consultants' work on project; (c)City staff time and support directly related to project;and(d)overhead
directly attributable to project.
4. Payment Procedures. Within 30 days after the completion of each milestone as identified in
Exhibit A,the City shall submit to Metro a statement describing in reasonable detail the eligible and
reimbursable work services performed pursuant to this Agreement. The City will furnish Metro with any other
statements or reports of expenditures as may be needed to satisfy fiscal requirements. Metro shall reimburse
the City for eligible and approved reimbursable work after each milestone is reached,no later than 60 days
after the date Metro receives the City's statement. The City shall send the statements and Metro shall send
CET payments to:
Metro City of Tigard
Attention: Ray Valone Attention: Darren Wyss
600 NE Grand Ave. 13125 SW Hall Blvd.
Portland OR 97232 Tigard, OR 97223
5. Project Records. The City shall maintain all records and documentation relating to the work and
tasks involved in the project as identified in Exhibit A. The City shall provide Metro with such reasonable
information and documentation as Metro requires for implementation of the CET grant process. The City shall
establish and maintain books, records, documents, and other evidence and accounting procedures and practices
sufficient to properly reflect all direct and indirect costs of whatever nature claimed to have been incurred and
anticipated to be incurred for the performance of this Agreement.
6. Audits,Inspections and Retention of Records. Metro and its representatives shall have full access
to and the right to examine,during normal business hours and as often as they reasonably deem necessary,all City
records with respect to all matters covered by this Agreement and Exhibit A, excepting privileged and other such
documents that Jurisdiction may claim to be exempt from disclosure under ORS chapter 192. Nothing herein
limits Metro's right to challenge the withholding of any documents as permitted by law. Such representatives shall
be permitted to audit, examine, and make excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls and other matters covered by this Agreement. All documents, papers,time
sheets, accounting records, and other materials pertaining to costs incurred in connection with the project shall be
retained by the City and all of its contractors for a minimum of three years from the later of the date of completion
of the project,or expiration of the Agreement,to facilitate any audits or inspection.
7. Funding From CET Funds. Metro's funding commitment set forth in this Agreement shall be
fulfilled solely through the programming of CET funds. The parties recognize and agree that if the CET is ever
held to be unenforceable or is terminated through no act or omission of Metro,that Metro shall not be liable in
any way for funding the amounts described in Exhibit A. In the event the City receives a surplus of CET funds
beyond that which is required to fund those items set forth in Exhibit A,the City shall return to Metro any
surplus CET funds remaining on completion of the project.
8. Term. This Agreement shall be effective on the date it is executed by both parties and shall
terminate when the Total Reimbursable Amount set forth in Exhibit A,representing Metro's commitment of
CET funds provided herein, is fulfilled and expended.
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9. Amendment. This CET Grant IGA may be amended only by mutual written agreement of the
Parties.
10. Other Agreements. This CET Grant IGA replaces and supersedes the 2007 IGA between
Metro and the County regarding the West Bull Mountain project,which has been assigned to the City pursuant
to the 2012 agreement between the City and County entitled Assignment of Rights and Delegation of Duties
Under Construction Excise Tax Grant Intergovernmental Agreement. This CET Grant IGA does not affect or
alter any other agreements between Metro and the City.
Metro City of Tigard
By: A By:
artha Bennett Marty Wine
Title: Metro Chief Operating Officer Title: Tigard City Manager
Date:
Date: 2-1Iq/ Za 13
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Exhibit A
CET Grant IGA Between Metro and City of Tigard
River Terrace Community Plan Milestones,Due Dates,and Reimbursement Rates
Total Requested by City for River Terrace Community Plan: $134,100
Total Reimbursable Amount from CET funds for Title 11 Compliance:* $134,100**
Milestone#: Deliverable Date Due*** Grant Paynt
1. Execution of CET Grant IGA Completed by County $134,100(paid)
2. Mid-point in Concept Plan Completed by County $134,100(paid)
Development, demonstrating
progress toward completion
3. County's Preferred Concept Plan Alternative Completed by County $134,100 (paid)
or Urban Growth Diagram, showing
at least those elements set forth in Title 11
4. County's recommended Completed by County $134,100 (paid)
Comprehensive Plan or Comp.Plan
amendment, addressing Title 11;
the applicable conditions of addition
in Metro ordinance for the new urban area;
and applicable state laws and regulations
5. City preparation and adoption of February 28,2013 $60,000
amendments of Tigard Comprehensive
Plan Map to include map designations for the
River Terrace Community Plan area based on
recommended land uses found in County's
West Bull Mt.Concept Plan;amendment of
Comp.Plan Goal 14 re.urbanization goals,
policies,and action measures;make findings
re.Title 11 and applicable state laws and regulations.
6. City preparation and adoption of Comp.Plan December 31, 2014 $74,100
amendment addressing Title 11,applicable
conditions of addition in Metro ordinance for
the new urban area,and applicable state laws
and regulations.
TOTAL REIMBURSABLE AMOUNT* $134,100
*The Total Reimbursable Amount is a maximum amount that will be reimbursed for Eligible Expenses as set
forth in the CET Grant IGA and Metro Code Chapter 7.04 and Administrative Rules.
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**The CET will fund the project for the remaining$134,100 for all eligible expenses. Additional awards of grant
funding shall not result in reduction of this amount. Grant funding is subject to reduction only by written
amendment to this CET IGA including reduction in milestone expectations,completion or reduction requests by
the City.
*** Due dates are intended by the parties to be hard estimates of expected milestone completion dates. If the
City anticipates that a due date cannot be met due to circumstances beyond its control,it shall inform Metro in
writing no later than 10 days prior to the due date set forth above and provide a revised estimated due date;and
Metro and the City shall mutually agree upon a revision to the milestone due dates set forth in this Agreement.
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