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CCDA Packet - 06/09/2015 City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: June 9,2015 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,ext. 2410 (voice) or 503-684-2772 (TDD-Telecommunications Devices for the Deaf). Upon request,the City will also 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: 503-639-4171,ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deao. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htm//live.tiarm og_v CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. MCity of Tigard Tigard Business Meeting-Agenda TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: June 9,2015 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM *STUDY SESSION A. COUNCIL LIAISON REPORTS B. DISCUSSION ON TIGARD SENIOR CENTER LEASE RENEWAL •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. 7:30 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 CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard Area Chamber of Commerce C. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:35 p.m. estimated time A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •May 12,2015 C. AUTHORIZE THE CITY MANAGER TO SIGN A SURPLUS WATER CONTRACT WITH THE JOINT WATER COMMISSION QWC) D. ESTABLISH MAYOR AND COUNCIL COMPENSATION WHICH SUPERSEDES RESOLUTION NO. 14-26 E. CONSIDERATION OF APPROVING TWO INTERGOVERNMENTAL AGREEMENTS FOR SAFE ROUTES TO SCHOOLS PROGRAMMING F. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF DIRKSEN PARK OAK SAVANNA CONTRACT •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion well be considered immediately after the Council/City Center Development Agency has voted on Those items which do not need discussion. 4. PROCLAIM MARK NEFFENDORF DAY IN TIGARD 7:40 p.m. estimated time 5. AWARD "IF I WERE MAYOR,I WOULD..." CONTEST WINNERS 7:45 p.m. estimated time 6. CONSIDER RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES 7:55 p.m. estimated time 7. PUBLIC HEARING -CONSIDER RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING 8:00 p.m. estimated time 8. ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 04-99 AND RESOLUTION 14-31 AND SUBSEQUENT AMENDMENTS 8:05 p.m. estimated time 9. PUBLIC HEARING-ADOPTING THE BUDGET,MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED 8:15 p.m. estimated time 10. PUBLIC HEARING-ADOPT CCDA FY 2016 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES 8:30 p.m. estimated time 11. CONSIDER TIGARD-TRIMET TRANSIT POLICE INTERGOVERNMENTAL AGREEMENT 8:40 p.m. estimated time 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS 8:50 p.m. estimated time 14. 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. 15. ADJOURNMENT 8:55 p.m. estimated time AIS-2065 A. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 15 Minutes Agenda Title: Council Liaison Reports Submitted By: Norma Alley,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Council will present liaison reports. STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments No files)attached 29799 SW Town Center Loop E Wilsonville,Oregon 97070 city of (503)682-1011 WILSONVILLE (503)682-1015 Fax Administration in OREGON (503)682-7025 Fax Community Development John Rosenburger, Board Chair Regional Water Provider Consortium 1120 SW 5th Avenue, Suite 600 Portland, OR 97204 June 2, 2015 RE: Withdrawal from the Regional Water Provider Consortium Dear Mr. Rosenburger, ' This letter is to notify you that the City of Wilsonville is withdrawing their membership from the Regional Water Provider Consortium (RWPC)effective June 30, 2015. The City has been a member of RWPC since its formation in 1996 to support of the creation of the Regional Water Supply Plan as well as the coordination and cooperation in its implementation. The RWPC has served the City well over the years as a forum for the discussion of water supply issues of mutual interest to the members and a resource for water conservation. Continuing the focus of regional water supply,the City is a member of the Willamette Governance Group(WGG)comprised of the Cities of Sherwood, Beaverton, Hillsboro, Tualatin,Tigard, and the Tualatin Valley Water District in the evaluation and planning related to the use of the Willamette River to jointly meet future water supply demands. With the City's involvement in the WGG and the RWPC heavy emphasis on water conservation,we believe our membership in the RWPC is redundant and does not meet our needs at this time. We appreciate the value of membership that the City of Wilsonville has received and look forward to tracking the group's continued success. If you have any questions regarding this action, please call me at 503-570-1504. Sincerely, Bryan Cosgrove City Manager Cc: Rebecca Geisen, RWPC Project Manager Scott Starr, Wilsonville RWPC Representative '.Serving The Community With Pride' r Regional Water Providers Consortium Map Consortium Members its coy' (Various colors) 1 Burlington Non Consortium Member ,!r j. J!'�� '-r,,,• i_____� County Boundary 26 -�• L--'1 Forest Tualatin i Foirvie~ -' Hillsboro '� _---' Grove Valley`Water woort T District routdul. Portland Rockwood West ' Slope I Valley Gresham 717 Raleigh view 't I + I Beaverton j ----._ _ - `�^ -----------�+-� -- M U IA_MN O M A N ----------F--------------------------- TV W Dj Palatine 1 ( I t F; 11-A ti ---------- Hill'I-, .r ---------------1 \ � Green Valley __ _ I 1Milwaukie �, ' Lake -------- se SUnrIS@ — i ;i GNR Corporation` /Jwo Rivers ----, { ,- \ Hideaway Hills 1 Grove Lake Boring Skyview Acres' I Tigard Oswego z6 t------------------, Oak , ! River Lodge 1----� � rove S4an` y weste l Tualatin -i'� Linn Gladstone , ----� Sherwood South Fork� I r Clackamas ` - I -- 7: Water,Board i i • OregonRive r ' , J I ! , City Water j ------ -----J l l Wilsonville I i Miles 3 u% -----� April 2,2015 I ' Oregon SNOTEL Current Snow Water Equivalent (SWE) % of Normal May 29, 2015 �` `�LHood,Sand , y Umatilla,Walla Walla,Willow Lower Deschutes ----a: Grande Rond Current Snow Water f\J`/'"Jv=�, Powder,Burn Equivalent(SWE) Imnahs Basin-wide Percent of 1981-2010 Median P-ti—d O - ,56 lel Willamette ®5o 69 0 70.811 go IC9 Q John Day 170 129 ® 130 ,49 - �, Malheur Upper Deschutes, Crooked I Lake County, Rogue,Umpqua Goose Lake or 5� 0 Klamath Q Harney Provisywral Dala i Subject rn RavytNpn + O Owyhee _J USDA V es tilt= 0 10 20 40 60 So 100 srwn wa:e.;ry...aE-.1 Oer(e^f of norma!ret><esents:he c..nen1 Prepared by ,w'n at. eq err t-Jd at+elecl dY.01 E USOAJNRCS Nalro .'Ante.and C�:n,afe l'enrer ra0e l,e lG'1- .S 1-11 1".i d y na j c, POM"Olegon day'yr, y lyJ OG' Hlp lr—r2 nrr5 o ago, Oregon SNOTEL Current Snow Water Equivalent (SWE) % of Normal 5/21/2015 Hood,Sandy, Umatilla,Walla Walla,Willow Lower Deschutes Current Snow Water Powder.Burnt. Equivalent(SWE) Im Basin-wide Percent of 1981-2010 Median ro - so illamette 53 6s, 70 89 90 in John Day O110 129 13C 141 Malheur Upper Deschutes, Crooked Lake County, Rogue,Umpqua Goose Lake Klamath © Harney Previsional Dara Subp't to Revl.ur.n Owyhee USDA - - -1 0 10 20 40 60 e0 I(',- h'.e ale:";vlenl Dermot of naval,ewe—os the u;neN Prepared by at a en!Ic�rd al se exec SNOTL.s les not-rt", Cas- JSDA/NRC`;Nave-', 1 3rd ord I - e a]e aloe fa Mose 5.les an Ihs day Da'J bas-'f--� PM1and ) -Iad,I 0.1le Jay'gp''.!ly 00 CUA rep lwlvw wa n• ud i 6 I11tL1'��1'C'tMI�.L S11C'1tL1-/ l��tt•c��c�> > > > Dloll'�� 0 a , Cin of Tigard Oregon Park and Recreation Respect and Care I Do the Right Thing I Get it Done Local Government Grant 2015 The Interpretive Shelter t� L FUTURE , kL O 1 Interpretive Shelter Project a SCORP State Level Priorities ' Non Motorized Trail Connectivity Active Participation Sustainability 07Major Rehabilitation (Supports 3 of 4 State Level Priorities) Interpretive Shelter Project SCORP County & Local Level Needs Resident Identified Need Dirt/other soft trails and paths o r Nature Viewing Areas Off-Street Bike Trail&Pathways TIGARD Public Access Sites to Waterways .. Nature Play Areas Picnic Shelters for Small Groups Public Recreation Provider Need Paved Walking Trails Trails Connecting Community Parks Community Gardens Community Trail System Off Leash Dog Areas Acquisition of Trail Corridor&ROWs Picnic Shelters Large Groups (Supports 7 of 10 Resident Priorities) (Supports 2 of 3 Local Rec. Provider Priorities) Long —Term Maintenance Commitment OWe s0000 have this down!!! f $7,900 annually to be funded from Tigard's General Fund in the Park's Division Budget. Costs are based on maintenance records for similar shelter facilities. The Site More than Suits the O Project............ In 48-acres Dirksen Nature Park houses 7 Distinct Northwest Ecosystems all within a highly urbanized area. They include... b ' ~� u` �` _ � �' ' • `� Scrub Shru �DIRKSEN NATURE PARK �`tJ Wetland b � � tM1'�, I •�jr,�• � 1 � • u. i a.er w�UT'ST- 1 � �h Forested • � . .�o ,pian Corridor • �� DIRKSEN NATURE PARK �,� Emergent Wetland Forested Wetland •��~' � = ' L" " �Y:�r'x♦ R �Yr M 1 . Con(�erous M ec Fore rest � �a" ,.; �'�• City of Tigard fowler Middle Tualatin School Staft and Riverkeepers Studenu clean Wates Tualatin Basin Services Partners for Clean Water Trout Unlimited Cascade Education Corp Dirksen Nature Local Business/ - Washington Park and the Corporate County Visitors Community& - Association Interpretive Chamber of Shelter Project Commerce Community Support Financial Commitment Tigard's Financial Secure Dirksen Nature Park was purchased 2011 for $5,300,000.00 and now.,..., The Rest of the Story • Beloved . y the CommunityThe History of Dirksen Nature Park r • 1974, School District buys property • 2006, School District declares the siuiplus • 2007, Trust for Public Land holds the property • 2010-11, Tigard purchases the site with bond funds and grant awards • 2011-12, A conservation easement is placed over 35-acres of significant woodlands and wetlands;An Education Plan is developed;A Natural Resource and Management Plan is written;and, A master plan is competed • 2012, The site becomes Tigard's second largest park ` Project Need I • Parks popularity is growing faster than infrastructure to support the use • Tigard's Parks Bond was focused on Property Acquisition • Strategy is to use remaining funding to secure grants Yes this is the existing restroom for Tigard's premier nature park. It's a beauty!!! i Opportunities forinterpretation are limited................just saying Demand Trails Criss Cross Park Existing Field Below/Portable Classroom Above PEOPLE AND THE PARK Kids on Tour & in Camp t a. 2012 - 285 2013 012 - 285 2013 - 862 i 2014- 1358 2015 — 1296 to date ` (Over 85% of tour kids ` attend Title 1 free lunch schools) r _ Kids in School r Fowler Middle School's 815 kids participate in outdoor science and PE activities at the site. "The site has reached its capacity to handle any more visits without harm" Isabel laCourse Tualatin Riverkeepers Education Coo MO. tor RECREATION AND THE PARK Fanno Greenway Regional Trail Per Metro user counts, the trail is one of the most heavily used in the Portland Metro region. Other Active User Groups y The park is walkable from an estimated 20,000 residents and is accessible by public transportation. A .J Sports groups use the field for youth soccer, baseball, and football practice r , Existing trails are used for strolling and enjoying nature. (Remember.......All this is supported by one makeshift plastic port-a-potty) The Grant Project Components Master Plan June 2012 Entrance oio /CommunityTraii/Sidaws <: Parkin -� . � �edook Overflow Parking(10cW Ana fir•""• ) + (ommunity Garden welMM orll" A Interpretive Shelter/Restroom Natur s ) f of rae�teJ Wrdand D�rrlook Scigpry Sewer r (eniterors — I Entrance er --- tdnno(reek Lail (• �(�, feresr It ` Soft Surface Trail S toot Paved Trail Network _ Js Sidewalk 1 S fact(hip Trail I', S tool(hip Tran yM S _ I .tr^^�^,r� _-- Boardwalk ''w (Ra '` ; tiukr0ua(yftWir �ii Nature Play \ Endanae Structure d_ lh [duration Node _ e fowler Niddle S,hool — ``'"r. - = but wait.... There's more..... a grantfrom Metro that needs matching funds... . . Added Value and Grant Leveraging Master Plan lune 2012 Entrance Comma ?rail/SI x ' �A' dwt'�t. Parking 110 to]Scars) Nab" J 3^ n Oak Savanno �sdv u'Overlook 1p:awtm+Omd"k �• i mar i � � Malice lMa1r(S•111 '�� t� l �°^�.f r _ t3R i I� PgecENll�.m14�W.�. ,. t ✓ y9 3. --.—{�.-� �,�•Y., gd(m+t t ! t w 1 FannoCleeklrad �a Et n110e � hit 1 8 toot Paved lrad Network � � Stnewalk I ` S-foot(hip had 1 400t Chip irad t I I Boardwalk a� crmkaerw / i cpt WNW QuaMt/Std '°c .I • Mature Plaq 1 Enhance SMucmre ,IL 1P Education Node IowktMiddle Schooi � � �h�1tt. Oak Savanna Overlook t. d k f wt' �• � Y t."�r'. r:<._.ii 1E.'� �r. . d �,`'. '�4•,+�'�ti L.�,� air.L Added Value and Grant Leveraging Master Plan June 2012 Entrance Community TralI5` wak Drop off l :. s_1�a7<' sr i, pXkin�(10 to 15^ats) I Picnic/ j npreti _ 0 Oak Savanna h a." (tots) C Overlook wetland ov„look i �lIa011�lItN � lbilme May(5-12) � � •p Forested Wetland Boardwalk Fanno Creek hail j. B tont Paved frail 1 SoftSurface Trail ildewalk Network �^ our Ulp had +? j t-tool Chip bad Boardwalk I tnekaebol�; Entrance watN 111"Ity Sbnwr -• Nature Play Entrance - SlruUure Education Node loWerMaddleSrhool I . ^%% Thr r` Forested Wetland Boardwalk i Added Value and Grant Leveraging Master Plan June 2012 Entrance Communl4rTrsN/Sl walk 'r .4 Drop off _.; t q Park' (tO to TS cars) ire Pt",.0 +3", D,( Oak Savanna I ter'^^, (tms) (o Overlook Nature Play Area Forested Wetland Ib ;.. +` ! »••r Boardwalk 1 — - -_. Errirance a 8i9 r ceGr ra<'r 1 I R-foot Pavm Trail Soft Surface Trail xi Sidewalk Network I ° S toot(hip Trail a .y �' ♦, - I-loo((hip frail ` •�� 1 � �i0ardYfdtG w ( 1 w,t<.srr,xgsrax � riarure Vla� Entrance uuuure rL ' idwahon Mode (ower Middle School - )r Nature Play Area urwwaoe.Aa � - - } WUFM _ war TOT OeMmtWKAY- - .IAYNOJk `I imtp,n[�u i c Master Plan June 2012 Electric Servi Entrance —---arrnrwarr alit Dwp-nff Parking(10 to 15 Urs► � ryreti - p, Oak Savanna F owled co Overlook Interpretive t Shelter/Restroom Naar ) Nature Play Area Forested Wetland y n Boardwalk " Entranceeante.oat r �—' Fanno(reek Trait . ,aN Cedar I f m Soft Surfa, Sanitary Sewer • 84001 Paved Trail Network _ _ • ,� Sidewalk S-foot(hip Trail 3-foot(hip 1rad I Ret crerkaM.el� 6 Boardwalk j wn«p al ry St 4W - • Nature Play Ell, �erta�:= Suvaure Fducatron We �� FowhtMiddle School � �,ra� ��'�17 State Parks Local Government Grant + Metro Nature in Neighborhood Grant = Needed Infrastructure to Serve User Demand and to Protect Natural Resources InReview.. . .. . . . . . . . . . . . . . . . ... OProject is consistent with state and local priorities • Matching funds are secured • Construction documents are complete • The project serves large numbers of underserved people and protects the site's unique natural resources • This local government grant of $452,125 will allow Tigard to move forward with over $845,000 of needed park infrastructure (excellent bang for the buck!) • Project will create handicapped access to the park Come take a 3 minute walk through the park.......... • • QUESTIONS;01�O - -..MMA Cit% of Tigard Oregon Park and Recreation Respect and Care I Do the Right Thing I Get it Done - Local Government Grant 2015 .01 he , a WALK TO THE JEFF SPECK PRESENTATION Monday, June 15 ■ 5:45 p.m. Join us for a%mile walk from Downtown Tigard,along a portion of the Fanno Creek Trail and Grant Avenue to Jeff Speck's presentation on Tigard's quest for --� a walkable city.The walk begins at 5:45 p.m.at the public parking lot behind Jeffery Allen Gallery on the corner of Main Street and Burnham Street. 1 z;; Something's different in Downtown Tigard. See for yourself. ■ One of a kind street light ornamentation —who needs flower baskets? We have a uniquely Tigard approach to street light decorations. ■ What does a $3 million streetscape improvement look like? Stroll and see new bio swales, bike racks, benches and banners. ■ No trolls (or tolls) under this bridge.Walk our lighted trail connection. ■ Take the first steps toward public art downtown and see for yourself how public art can dress up a downtown. i �. ♦' °hosa `� .' S� « Park/Start Here t `Q� ♦♦ est• ♦'ts`a�� (behind Jeffery Allen Gallery) w o�c ♦♦ e4. din ♦ °h � ♦ a rs� ♦♦ S1 3sr ♦ Q,st� 7� Presentation Qa`� (Broadway Rose Theatre) r SUPPLEMENTAL PACKET FOR Cb4 ®F MEETING) City of Tigard, ✓� �� f el -Iva0 A /-)d-?_ AIS-2237 B. Business Meeting Meeting Date: 06/09/2015 Length (in minutes):20 Minutes Agenda Title: Discussion on Tigard Senior Center Lease Renewal Prepared For: Loreen Mills, City Management Submitted By: Norma Alley,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Receive briefing regarding renewal of a 5-year lease for the use of the Senior Center with Meals on Wheels People and their provision of nutrition and social service programs for older adults. STAFF RECOMMENDATION /ACTION REQUEST Staff is.briefing Council at this meeting and plans on recommending approval of the updated lease on 6/23/15 on Council's Consent Agenda. KEY FACTS AND INFORMATION SUMMARY *The Senior Center is well managed through Meals on`Y/heels People (formerly Loaves &Fishes) with Director Jay Gilbertson providing nutritional and social service programming for the area's older adults. •The Tigard Senior Center is required to be used for senior/older adult services and programming through 11/2028. The building was originally constructed in 1982 to provide nutritional and senior services to the Tigard area. The construction was funded in part by Community Development Block Grant (CDBG) funds. The last CDBG funding for the Center's remodel was finished in November 2008. A requirement of CDBG funding is that the facility be used for older adult services for 20 years after the improvement is made. If the City chooses to not use the building for these services,it will have to pay back the full grant amount to the federal government. •The current lease expires June 30,2015 and has been in place for almost five years. The proposed lease is for a five-year period expiring June 20, 2020. The following changes are in the new agreement: 1.Changing Lessee's name from Loaves &Fishes Center,Inc. to Meals on Wheels People. 2.Changing references from"the elderly" to"older adults". This will remove the stigma of the term elderly and also recognize the number of baby boomers who are served by the program. 3.Lessee will have use of the facility one more hour a week to better reflect their true hours of operation (from 7 AM Monday through 5 PM Friday each week). 4.Programming services will be held for the benefit of seniors and promote participation with seniors and their families. This reflects the need for families of seniors to receive support. 5.Clarification that Lessee may utilize other program providers at the Center to promote the Lessee's mission. 6.Clarification that internet and cable services are not provided by the City for the building. 7.Updates references to correct titles of those managing the lease by the City and Meals on Wheels People. 8.Updates insurance requirements to today's standards. A copy of the redlined version of the lease is attached for your information. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION 6/22/2010 -Tigard City Council approved the lease renewal for this current period (2010 through 2015). Fiscal Impact Fiscal Information: The lease fee remains $1.00/year. This fee is charged to meet legal requirements that necessitate an exchange of money for lease validity. Attachments Red-lined Lease Agreement r TIGARD SENIOR CENTER LEASE , THIS LEASE is made and entered into this 2-2nA day of jujLip.. 28182015, by and between the City of Tigard, an Oregon municipal corporation, hereinafter called City, andes-& Fishes Getite,II2G Meals on Wheels People, a private, non-profit Oregon corporation, hereinafter called Lessee. WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of Lessee to be paid, kept and faithfully performed, City does hereby lease to Lessee and Lessee hereby leases from the City the premises, including all improvements located thereon,as is, situated in the City of Tigard, County of Washington and State of Oregon,known and described as Tigard Senior Center,8815 SW O'Mara Street,Tigard,Oregon. The term of this Lease shall be for a period commencing the 30 day of ,2819-2015 and ending at midnight on the 30th day of 1wis, 291-5--2020 at and for a rental of$1.00 for each year or portion thereof during the said term payable in lawful money of the United States at the Tigard City Hall, 13125 SW Hall Boulevard, City of Tigard, State of Oregon 97223, initially at signing of this lease and then some time prior to July 1st of each year. The Lessee contracts with Washington County to provide services to senior citizens, and desires to use the Tigard facility. The City desires to locate Lewes Q- Fishes'Meals on Wheels People services in the Tigard Senior Center facility to provide services, programs and activities to Tigard-area residents. The Cite has determined that Lessee is qualified and capable of performing the services hereinafter required. In consideration of the above,each party hereto does hereby covenant and agree as follows: (1) LESSEE'S ACCEPTANCE OF LEASE Lessee accepts said letting and agrees to pay to the order of City the rental stated above for the full term of this lease,in the manner aforesaid. (2) USE OF PREMISES Lessee shall use said premises for the following use and no other: ➢ Provision of nutrition and social service programs for the-6 lerly lder adults. Said use may include operation of a nutrition and social service program for the el ierlyoider adults, including, but not limited to, dining room and home-delivered meals, informational, educational, and recreational activities, information and referral, health screening, counseling, and fund-raising activities for the program,provided Lessee obtains proper land use and other approvals as may be required prior to initiating operation of said programs. Lessee may utilize additional nutritional and social service program providers to utilize the premises for programmuig consistent with Lessee's mission and the terms of this lease agreement. I Loaves&Fishes Lease—'rigard Senior Center 2696-201020]5-2020 5/23/2015 draft Page 1 Lessee and City will jointly continue to develop a method to monitor the performance of lames ~~d FishesMeals on Wheels People programs and service delivery through the Tigard Senior Center. Program and service performance measurement reports are to be filed with City after the conclusion of each fiscal year and not later than October 15th. Benchmarks are as follows at the signing of this lease: ■ Number of participants using nutrition programs ■ Number of meals served ■ Number of minorities served ■ Number of volunteers and number of volunteer hours ■ Number of participants using educational/recreational programming. I Lessee shall have use of the facility from Monday at$7:00 A.M. through Friday at 5:00 P.M. Lessee shall have first priority for additional use of the facility outside of the hours noted in this paragraph. Lessee's senior programming will target senior education and socialization opportunities. These groups must always weleame sentiorg be held for the benefit of seniors and promote participation with seniors and their families and be approved or sponsored by the Center's Steering Committee. City will have the right to use and permit the use by others of the building and the equipment,dishes,utensils,pots,pans,etc. under the following terms and conditions: I2.1 CenterMmawDirector or designated representative will schedule all use of the facility between Mondays at 8:00 AM to Fridays at 5:00 PM. The City shall assign a designated person to schedule use of the facility for all time except between Monday at 8:00 AM through Friday at 5:00 PM. Such use shall not interfere with the daily use by Lessee or the facility for the operation of a nutrition and social service program for the-eldetlyolder adult; 2.2 Lessee shall assure equipment, dishes, and utensils are left in a sanitary and safe condition; 2.3 City shall be responsible for use by such other users authorized by the City. City shall require such other users wishing to use the kitchen to meet with the Center Nhtttitge Director or designated representative prior to use for kitchen use training. Costs incurred by Lessee resulting from other use will be reimbursed by the City; 2.4 City shall be responsible for the replacement of any equipment,plates,glasses,cutlery, or utensils lost or damaged by such users as the Lessee/City shall discover in its use or supervision of such other use of the facility;and 2.5 City shall be responsible for replacement of food, cleaning compounds, paper, and the supplies owned by Lessee and used by such other users. Lessee will not make any unlawful, improper or offensive use of the premises; remove any portion of the structure or fixtures, nor suffer waste thereof. Lessee will not permit anything to be done upon or about said premises in any way tending to create a nuisance,be that at common law or by ordinance or by statute. Loaves&Dishes Lease—"Tigard Se7rior(:crrter 2006-?9482015-2020 5/23/'_015 draft Page 2 Lessee shall not store gasoline or other highly combustible materials on said premises at any time nor use said premises in such a way or for such purposes that the fire insurance rate is thereby increased or that would prevent City from taking advantage of reduced premium rates for long term fire insurance policies. Lessee shall comply, at Lessee's own expense,with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of said premises. Lessee shall regularly occupy and use the premises for the conduct of Lessee's business, and shall not abandon or vacate the premises for more than ten (10) days without written approval of City except when required for major structure maintenance or remodel, which would require relocation of Lessee's business for safety/health reasons. (3) FURNISHINGS AND EQUIPMENT In the event of ternunation of this agreement, all such furnishings, equipment, and decorations,which are permanently attached to the facility, shall remain in the facility in good repair, with allowance for wear and tear, occasioned by normal use. Each of the parties hereto including the City shall retain ownership of any non-fixture equipment, pots, pans, dishes, utensils, and other personal property acquired by its own funds, by funds received from grants and donations to such party for acquiring such personal property, or such personal property as may be donated to such party. Nodi parties will periodically, update an ownership inventon, of filrnishings and equipment. (4) UTILITIESAL-�INTENANCE City shall pay for all heat, light, water, sewerage and storm drainage fees, power, sanitary services, and other utilities used in the above premises during the term of this lease except for telephone, internet and cable services. Lessee will pay for all telephone utilities. City shall be responsible for janitorial and regular maintenance of the building. Lessee will keep the kitchen clean,in such a way as to meet the standards of the Washul,grton County Health and Human Services and the Oregon State Health ierrAuthority for daily cleanliness. Repairs, equipment maintenance,and seasonal cleaning are the responsibility of the City. (5) TAXES Lessee agrees to pay all taxes and assessments which during the term of the Lease may become due, become a lien or which may be levied by the state, county, city, or any other tax- levying body upon the premises. Furthermore, Lessee agrees to pay all taxes and assessments on any taxable interest obtained by Lessee through this Agreement or on any taxable possessory interest, which Lessee may have in or to the premises by reason of its occupancy. Furthermore, Lessee agrees to pay all taxes on all taxable property,real or personal, owned by it in or about the premises. Upon making such payments, Lessee shall give the City a copy of the receipts and vouchers showing payment. Loaves&Dishes 1.case—Tigard Senior Center-1996-?9102O15-2020 5/23/2015 quit Page 3 Lessee understands that City property is exempt from property taxation until leased to a taxable entity. Should Lessee be a non-taxable entity, Lessee will be responsible for making application to Washington County for exempt status from property taxation. Upon being granted exempt status on the property, Lessee will file a copy of said exemption with the City. In the event that the term of the Lease extends beyond June 30 of any year, Lessee shall be responsible for payment of all property taxes for the entire tax year without pro-ration, or, in the event of any change in property tax law, for any taxes due under such law. (6) REPAIRS AND IMPROVEMENTS City hereby agrees to maintain and keep said premises (including all interior and exterior doors, heating,ventilating and cooling systems, interior wiring,plumbing and drain pipes to sewers), in good order and repair during the entire term of this lease at City's own cost and expense. Lessee further agrees they will make no alteration, addition or improvements to or upon said premises without the prior written consent of the City. The City will provide light bulbs and fluorescent tubes, toilet tissue, paper towels, toilet soap and such other supplies needed for daily operation in the restrooms and sink areas outside of the kitchen area. City agrees to maintain the exterior walls, roof, gutters, downspouts and foundations of the building and the sidewalks thereabouts. It is understood and agreed that City reserves to itself(and to at any and all times shall have) the right to alter,repair or improve said premises, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the premises, and City and City's representatives, contractors and their respective employees and agents for that purpose may enter in or about the said premises with such materials as may be necessary,and Lessee waives any claim to damages resulting there from. (7) CITY'S RIGHT OF ENTRY It shall be lawful for City, its agents and representatives, at any reasonable time to enter into or upon the premises for the purpose of examining into the condition and use. (8) TERMINATION OF LEASE Failure to provide services in accordance with the contract to the satisfaction of the City, or its designee, shall result in written notification. Such notification shall be addressed to the Imes-& Fishes-1\Ieals on Wheels People Center Director and shall delineate the inadequacies and provide specific remedies stipulating a deadline for resolution not less than 60 days from the date notification is received by the Director. Failure to remedy shall result in termination of the contract by the City. I loaves&Dishes Lease—7'ilnrd Senior(.atter 2W6--F)l R2U15-'-020 5/23/2015 draft Pane 4 (9) LIENS Lessee will not permit any lien of any kind,type or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. (10) ICE,SNOW,DEBRIS City shall at all times keep the sidewalks in front of the premises free and clear of ice, snow, rubbish, debris and obstruction, and will not permit rubbish, debris, ice or snow to accumulate on the roof of the building so as to stop up or obstruct gutters or down spouts or cause damage to said roof. (11) OVERLOADING OF FLOORS Lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress or strain upon the building, and City shall have the right, at any time, to call upon any competent engineer or architect whom City may choose, to decide whether or not the floors of said premises are being properly used. The decision of said engineer or architect shall be final and binding upon Lessee; and in the event that the engineer or architect decides that the stress or strain is such as to imperil said building in whole or in part,Lessee agrees to immediately relieve said stress or strain in a manner satisfactory to City. (12) NO USE OF HAZARDOUS SUBSTANCES No handling, storage, generation, creation, disposal, transportation or discharge of any Hazardous Substances shall be permitted on or about the premises by Lessee,its employees, agents, customers or contractors. This restriction does not apply to ordinary office and janitorial supplies available over the counter for common use by members of the general public. Nor shall this prohibition apply to substances fully contained inside of motor vehicles if they are used in accordance with all applicable legal requirements. As used in this section, "Hazardous Substances" shall mean any substance, material or product defined or designated as hazardous, toxic,radioactive, dangerous or regulated wastes by any federal, state or local regulatory agency. (13) SIGNS Lessee may alter the existing free-standing sign structure upon receipt of a sign permit from the City of Tigard, but shall not, without prior written consent of the City, use the outside walls of said premises,or allow signs or devices of any kind to be attached thereto or suspended there from. (14) FIXTURES All partitions, plumbing, electrical wiring, additions to or improvements upon said leased premises, whether installed by City or Lessee, shall be and become a part of the building as soon as installed and the property of City unless otherwise herein provided. Loaves&Dishes].case—Tibard Senior Center-2006 20102015-2020 5/73/2015 draft Page 5 (15) LIGHT AND AIR This lease does not grant any rights of access to light and air over the property. (16) DAMAGE BY FIRE OR OTHER CASUALTY In the event of any damage to the property by fire or other casualty, either party hereto may terminate this lease as of the date of said fire or casualty. (17) GRIEVANCES The resolution of any grievances between the parties shall first be attempted between the City serCentral Services Director and T °- F-i Meals on Wheels People Center N4ftftftger12irector. Grievance resolution second step will be between the City Manager, or designee, and Leaves and FishesNleals on Wheels People Executive Director or designee. (18) INDEMNIFICATION Lessee agrees to fully indemnify, hold harmless and defend the City, its City Council, officers and employees from and against all losses, expenses, claims, damages, judgments or other costs or expenses and actions (including all expenses incidental to the investigation and defense thereof at both trial and appeal level, whether or not a trial or appeal ever takes place) of any kind or nature including, but not limited to, claims or actions based upon or arising out of damages or injuries to third persons or their property, proximately caused (or allegedly caused) through the fault of Lessee, its employees or agents in the use and/or occupancy of the premises except for liability arising out of the negligence of the City and its employees If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. The City shall give Lessee prompt and reasonable notice of any such claims or actions known to the City, and Lessee shall have the obligation to investigate, compromise and defend same,provided such claim is not caused by the negligence of the City,its employees or agents. In the event that there is any bodily injury at, or property damage to, any portion of the premises caused by Lessee or any third party, Lessee shall immediately notify the City's Risk Management representative and cooperate in the City's investigation of said incident. Lessee shall make all reports or documents concerning the incident, whether in their possession or the possession of their insurance carrier available to the City and cooperate with the City in investigating, compromising or litigating the claim against those parties. For any property damage done to or caused by the fault of Lessee, Lessee shall be given the option of repairing the damage or having the City repair the damage at Lessee's expense. The City shall give written notification to Lessee of any damage requiring repair and give Lessee thirty (30) days to commence repair. If within that period, or such other period as may be IA)aves&Pishes l"se—'I'ibnrd Senior Center 2Og6?A1AZU15-2U3U 5/23/2015 draft Palm 6 mutually agreed upon, no effort has been made to effect repairs, then the repairs will be performed by the City and billed to Lessee. For damage done to or at the property or premises by third parties for which Lessee is not responsible, the City shall bear the initial cost of investigating, compromising or litigating the claim,but may recover such costs if otherwise permitted by law or this Agreement. (19) INSURANCE REQUIREMENT Insurance requirements set forth below do not in any way limit the amount or scope of liability of Lessee under this Agreement. The amounts listed indicate only the minimum amounts of insurance coverage the City will accept to help insure full performance of all terms and conditions of this Agreement. All insurance required by Lessee under this Agreement shall meet the following minimum requirements: (19.1) Certificates: Notice of Cancellation. On or before the Effective Date, Lessee shall provide the City with certificates of insurance establishing the existence of all insurance policies required under this Section. Thereafter, the City must receive notice of the expiration or renewal of any policy days-prior to the expiration or cancellation of any insurance policy. No insurance policy may be Icanceled, revised, terminated or allowed to lapse without prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire initial Term and any extension thereof Insurance canceled without City consent shall be deemed an immediate Event of Default under this Agreement. The City shall also be given certified copies of Lessee's policies of insurance,upon request. (19.2) Additional Insured. The City, its officers, employees, agents and volunteers shall be named as an additional insured in each required policy, other than Workers' Compensation, and, for purposes of damage to the Premises, as a loss payee. Such insurance shall not be invalidated by any act, neglect or breach of contract by Lessee. (19.3) Primary Coverage. The required policies shall provide that the coverage is primary, and will not seek any contribution from any insurance or carried by the City. (19.4) Company Ratings. All policies of insurance other than Workers' Compensation must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City may, upon thirty (30) days written notice to Lessee, require Lessee to change any carrier whose rating drops below an A-VII rating. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. Loaves&(Fishes Lease—Tigard Senior Cmter?9%-?A+92015-3020 5/33/3015 draft Page 7 (19.5) Required Insurance. At all times during this Agreement, Lessee shall provide and maintain the following types of coverage: 19.5.1 General Liability Insurance. Lessee shall maintain an occurrence form commercial general liability policy, personal injury liability, for the protection of Lessee and the City, insuring Lessee and the City against liability for damages because of personal injury, bodily injury, death, or damage to property (including the loss of use thereto and occurring on or in any way related to the premises or occasioned by reason of the operations of Lessee. Such coverage shall name the City as an additional insured Coverage shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and property damage for all coverage specified herein. The required two million dollars of coverage can be provided on a primary coverage bases or on a primary/excess combination bases. City will also provide the same coverage, naming Leaves and Fish,:Lessee as an additional insured. 19.5.2 Fire Legal Liability Insurance. The City shall insure the building space and all improvements affixed thereto considered to be part of premises, being managed by Lessee. Lessee is responsible to insure all of its own personal property, which items shall not be covered by City insurance. Furthermore, Lessee must at all times carry Fire Legal Liability insurance I coverage in an amount not less than One Hundred ''hottsaadN illion Dollars ($400;0)81 000 000 . Such coverage shall name the City as an additional insured. 19.5.3 Workers' Compensation Insurance. Lessee shall maintain in force Workers' Compensation insurance for all of its employees. In lieu of such insurance, Lessee may maintain a self-insurance program meeting the requirements of the State of Oregon. Coverage shall include Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. 19.5.4 Commercial Automobile Insurance. Lessee shall maintain in force Commercial Automobile Liability) coverage including coverage for all owned. hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than $2,000,000. The required two million dollars of coverage can be provided on a primary coverage bases or on a primary/excess combination bases. (19.6) Periodic Review. The City shall have the right to periodically review the types, limits and terms of insurance coverage. In the event the City determines that such types, limits, and/or terms should be changed, the City will give Lessee a minimum of thirty (30) days efi�-edays' notice of such determination and Lessee shall modify its coverage to comply with the new insurance requirements of the Loaves&riches].ease—T igard Senior Center 2006-204 "015-2020 5/23/2015 raft Page 8 City. Lessee shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within fifteen (15) days of compliance. (19.7) Subrogation. Except as limited by this subsection, the parties hereto waive any right of action that they might have against the other for loss or damage, to the extent dlat such loss or damage is covered by any insurance policy or policies and to the extent that proceeds (which proceeds are free and clear of any interest of third parties) are received by the parties claiming the loss or damage. This waiver of subrogation shall not extend to any applicable deductibles under such policy or policies. (20) DELIVERING UP PREMISES ON TERMINATION At the expiration of said term or upon any sooner termination, Lessee will quit and deliver up said leased premises and all future erections or additions to or upon the same to City or those having City's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by fire, unavoidable casualty and the elements alone excepted,as the same are now in or hereafter may be put in by City. (21) BREACH OF LEASE TERMS If Lessee fails to keep,perform or observe any of the terms and/or conditions imposed on it by this Lease for a period of thirty (30) or more days after written notice of said failure by the City, or Lessee fails to surrender possession of the premises at the Lease's conclusion, then, and in either event the City may terminate d-ie Lease at any time thereafter without further notice or demand on Lessee, enter the premises and lawfully repossess it, expel Lessee (as well as any others claiming through Lessee) and remove/store Lessee's effects (all at Lessee's expense) without prejudice to any other remedy, action or suit which the City may be entitled to for arrearage, damages to the property or its interests and/or breach of this lease. PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if Lessee shall fail or neglect to do, keep, perform or observe any of the covenants and agreements contained herein on Lessee's part to be done, kept, performed and observed and such default shall continue for thirty (30) days or more after written notice of such failure or neglect shall be given to Lessee, or (2) if on the expiration of this lease Lessee fails to surrender possession of said leased premises, then and in either or any of said cases or events, City may terminate this lease and at time thereafter, without further demand or notice, may enter said premises and repossess the same, and expel said Lessee and those claiming by, through and under Lessee and remove Lessee's effects at Lessee's expense, and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises shall deprive City of any other action, right, or remedy against Lessee for possession or damages,nor shall any omission by City to enforce any forfeiture,right or remedy to which City may be entitled be deemed a waiver by City of the right to enforce the performance of all terms and conditions of this lease by Lessee. I IA)aVCS&Fishes Lease—Tigard Senior Center 2006-2819_'015-202U 5/33/3015 draft Page 9 (22) HOLDING OVER In the event Lessee for any reason shall hold over after the expiration of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month to month which may be terminated at will at any time by City. (23) NOTICES Any notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given, shall be sufficient if in writing contained in a sealed envelope,deposited in the U.S. Registered Mails with postage fully prepaid, and if intended for City herein then if addressed to said Lessor, in care of the Faeihieq SupervigerCentral Services Director, at Tigard City Hall, 13125 SW Hall, Tigard, Oregon 97223 and if intended for Lessee then if-is addressed to Lessee, in care of the Center Director, at 8815 SW O'Mara Street, Tigard, Oregon 97223. Any such notice shall be deemed conclusively to have been delivered to the addressee thereof forty-eight (48) hours after the deposit thereof in said U. S. Registered Mails. (24) HEIRS AND ASSIGNS All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto shall extend to, inure to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this lease is assignable by the term hereof, to the assigns of such parties. (25) ASSIGNMENT No part of this Agreement may be assigned, nor may a right of use to any portion of the premises or property be conferred on any third person by any other means, without the prior written consent of City. Any assignment or attempted assignment without the City's prior written consent shall be void. (26) CONDEMNATION If the premises or any interest therein is taken as a result of the exercise of the right of eminent domain, this Agreement shall terminate as to such portion as may be taken. (27) NON-WAIVER Waiver by either party of strict performance of any provision of this Agreement shall not Ibe a iefwaiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. I l.craves&Dishes],case—Tigard Senior Cctiiter?AH6-20192015-2020 5/23/2015 drat t Pagc 10 (28) ADHERENCE TO LAW Lessee shall adhere to all applicable federal, state and local laws, rules, regulations and ordinances, including laws governing its relationship with its employees, including but not limited to, laws, rules, regulations and policies concerning Workers' Compensation, minimum and prevailing wage requirements and occupational safety and health requirements. (29) TIME OF ESSENCE It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this Agreement. (30) WARRANTIES/GUARANTEES Except for those warranties specifically set forth herein, the City makes no warranty, guarantee or averment of any nature whatsoever concerning the physical condition of premises, and it is agreed that the City will not be responsible for any loss, damage or costs, which may be incurred by Lessee by reason of any such physical condition. (31) HEADINGS The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. (32) CONSENT OF CITY Whenever consent approval or direction by the City is required under the terms contained herein, all such consent, approval or direction shall be received in writing from the City Manager or design, ee. (33) MODIFICATION Any modification of this Agreement shall be mutually agreed upon and reduced to writing, and to the extent it does not affect a major business term of the Agreement, may be done for the City, by its City Manager or dcsi ng icc. (34) GOOD FAITH The terms and conditions set forth in this Agreement are for the benefit of both parties. The parties further agree and understand that time is of the essence. In the performance of the duties and obligations set forth herein, there is an obligation and duty of reasonable diligence and good faith imposed on the parties to fulfill the terms, conditions and covenants in this Agreement. loaves&Dishes lease—'I'il,ard Sciiior(;enter"�-'0402015-2_020 5/23/2015 waft Page 11 (35) ATTORNEY FEES In the event of a dispute between the parties as to the interpretation or applicability of any of the provisions of the Agreement and the parties are unable to resolve the matters through mediation within thirty (30) days of notice of the dispute, and thereafter a suit or action is instituted in connection therewith, the prevailing party shall be entitled to recover in addition to costs and disbursements (including experts fees and all costs associated with discovery), such sum as the court may adjudge reasonable as attorney fees, or in the event of appeal, such fees as may be as allowed by the appellate court. Washington County District Court shall be the venue for an action or suit concerning the terms of this Agreement. (36) ENTIRE AGREEMENT It is understood and agreed that this instrument contains the entire Agreement between the parties. It is further understood and agreed by Lessee that the City and its agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement, except as in this Agreement expressly set forth. (37) WARRANT OF AUTHORITY The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they are acting herein. IN WITNESS WHEREOF,the respective parties have executed this instrument in duplicate on this,the day and year first hereinabove written, any corporation signature being by authority of its Board of Directors or Council. I CITY: CITY OF TIGARD LESSEE: LOAAWS Q_ FISHES CENTERS INC MEALS ON WHEELS PEOPLE By: By:- GraPidtsef John L. Cook,Mayor Suzanne Washington, Executive Director Loaves&Fishes I xase—Tigard Sailor Centcr 20062015-2020 5/23/2015 draft Page 12 SUPPLEMENTAL PACKET City Council Update June 2015 FOR -uiv 26�'/J (DA E OF MEETING) Chamber Events C% T/z 15=-/L/ Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.–Weekly • 6/11/15–Hosted by Sanchez Cantina @ their location • 6/18/15–Hosted by Prepared Marketing • 6/26/15–Hosted by Tigard Festival of Balloons @ Cook Park • 7/2/15- Hosted by AccounTax of Oregon @ their location Other • 6/10/15–TYP and YPLO networking at Flying Pie Pizzeria in Lake Oswego • 6/16/15–5:30–7 p.m.Cheers After Hours, hosted by Becoming You Hypnosis at their location • 6/18/15–4-5 p.m. Monthly Home,Garden and Design Referrals Group–3rd Thursdays • 6/22/15–5-6:30 p.m.–Tigard Chamber Annual Meeting @ Broadway Rose • 6/23/15–Young Professionals Breakfast of Champions CPR Training and Tour–TVFR Walnut Station Check our event calendar at http://business.tigardchamber.org/events/calendar for locations and hosting companies Tijzard Farmers Market Update • PHOTO CONTEST! Snap a picture at either of the Tigard Farmers Markets, post on Instagram/Twitter/Facebook, and#TigardFarmersMarket for a chance to win market tokens! You have until the end of June. Downtown Updates • 6/17/15 Downtown Dialogue–Art in Downtown discussion • 3[d Friday is 6/19/15, come Explore Downtown Tigard Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and at www.exploredowntowntigard.com TlaARD AREA 11— '(Hwne[R o[ row \� •tigardyoungprofessionals ARKF.� • •connect colltct collebost* dimb. OW.GATHER.G1%E. [ 19 AGENDA ITEM NO. 2-C - CITIZEN COMMUNICATION DATE: June 9, 2015 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a Cite of Tigard public meeting, subject to the State of Oregon':public meeting and records laws. .ll written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in Cite of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: 1`G yi �✓ h� // Also,peasespelll Y if it will our name as it sounds 1" `oo , help the presiding officer pronounce: ✓ka 6- / qevei Address 3 2A 3 pe City /'' State n Zip Phone No. --7/7 z4 &SZ Name: uv,-) Also,please spell your name as it sounds,if it will help the presiding officer pronounce: F sL"a Jj 1 YVN Y 1 V / LCA Y C.> > r O C4 Q Y( Address t 3��K s i uc,c�c� Sh1ro s� City �c►c�r,� State o2 Zip ri 1z 2 3 Phone No. c,-o.a, S 2--4 -i z_ts V E ,y 6f-0 Vt. — �13i`1 spell your name as it sounds,if it willsiding officer pronounce:SSSS $W0� a 6 ,LGtkeOAS Z�,ii SC�3- l06 -leer) a/ 1 CITIZEN COMMUNICATION I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 150414.doc AW AGENDA ITEM NO. 2-C - CITIZEN COMMUNICATION DATE: June 9, 2015 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a Cite of'Tigard public meeting, subject to the State of'Oregon's public meeting and records laws. .-'ll written and oral testimony becomes part of the public record. The names and addresses of'persons who attend or participate in Cita of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address /1311 1dJ j2&=A 1d9P" City 2291 1 State (X Zip 91� Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION L\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 150414.doc w SUPP EMENTAL PACKET FOR thelois (DA E 4F MEETING.) C17'-I'Zeh e'u r' rMwn"c�t:O� joraj' /-ehavuri Bull Mountain Park Development Update FBMP Agenda ► Friends of Bull Mountain Park Projects Status ► Funds Status ► Event Invitation FBMP Natural Playground Picnic Area and Shelter Playground and Picnic Area Landscape American Disability Act (ADA) Trail Access Toolshed Enhance Bull Mountain Park Connection to WGaarde Neighborhood f Vacant House is removed Toolshed is in final stage of construction American Disability Act (ADA) Portable Toilet and Shed are completed ADA Concrete Picnic Pad and Table are in final stage of construction Gaarde Neighborhood soft trail design started OM Construction electricity are connected - Final stages of water connection y,.,t Volunteers and Corporate In-kind contribution Metro Nature In Neighborhood Grant MA Cash donations ( Neighbors, Volunteers, Local Companies, etc. Nike $20,000 Grant BMP's Projmect Status Total - $356,200 $46,607.00 , 13% _jP,F_ ■ Donations/Grants Needed $309,594.50 , 87% To-date secured/pledged FBMP _, Frz N $356,300 100% 90% Cash ($21,500.00) and 80% In-kind ($175,000) 70% Contribution ($196,500) Pending Metro Nature in Neighborhood Grant ($125,000) Nike grant proposal is not included FBMP Supports and In-kind _ ► Boy Scouts of America (Professional Services, Labor, and materials) City of Tigard - Professional Services, Permits, Professional Services, Labor, Utilities, and a lot more Dr. Pearl Paulson, PhD - Education Friends of Bull Mountain Park John and Steven Barker Construction - Professional Services and Labor Key Club ► Khavari foundation Learning Landscape Design - Professional Services and Labor Local community and Neighbors ► National Honor Society Oregon State University - Forestry, Flora and Fauna Oregon Tradeswomen, Inc. - Labor Park's Neighbors Tigard Citizens Tualatin River Watershed Council (Fiscal Sponsor) FBMP Donors and Sponsors ► Anonymous (One family, Visionary Donor) ► Ken and Joan Austin (Patron Donor) ► Paul and Sarah Messenger (Patron Donor) ► Pearson Financial Group (Legacy Donor) ► Conrad Pearson P. Bonnie Conger ► Mike and Cheryl Druding (Patron Donor) Greatbatch Inc. (Patron Donor) ► Corporate Donor ► Dan Muro of RE/MAX ► John and Steve Barker/Barker Construction ► M. Crew - Enrique Marguez ► Parr Lumber ► Pacific West Roofing ► Tigard Rotary P. Tigard Sherwin-Williams ► Friends ► Bradley Anderson ► Jim & Marie Banks ► Lee & Michaela Cannard ► Mark Hackner FBMP ■ Contact Information Corporate, Grants and Estate Contributions Contacts ► Sarah Soper: Email: snsoper@mac.com Phone: 972-333-4504 ► Toraj Khavarl: Email: Toraj.Khavari@gmail.com Phone: 503-706-3548 Donations and Contributions: ► Checks made payable to: Tualatin River Watershed Council ► Check Memo line: Friends of Bull Mountain Park Project or FBMP Project ► Send to: Ms. April Olbrich Friend of Bull Mountain Park (FBMP) Projects Tualatin River Watershed Council (TRWC) PO Box 338 Hillsboro OR 97123-0338 Email: trwc@trwc.org or trwc@easytreet.net Phone: (503) 846-4810 - Fax: (503) 846-4845 URL: www.trwc.org ► Nonprofit 503(cx3) Tax ID: 93-1286280 * Friend of Bull Mountain Park (FBMP) Fiscal Sponsor is Tualatin River FBMP Watershed Council (TRWC) Near Future Support � 'IL ► Continue your Support ► Metro Grant Award Ceremony Nike Grant Application FBMP f Bull Mountain Park Birthday Eve . Picnic in the Park t r j In celebration of Bull Mountain Parks Birthday, come enjoy a relaxing evening in the park with musical 'I entertainment. Thursday, June 18 6-8 PM Bring your picnic baskets and blankets_ Set out your blankets, get comfortable. and enjoy the beauty of �r OmT, ATE the park while listening to the music of Highwater Johnny. This group will perform music from the 60's, 70's and 80's with an ® T acoustic feel_ Aco..tiIt! TWO Park Address - 13950 SW Alpine Crest Way, Tigard, Oregon 97223 Wa I k to the park FBMP SUPPLEMENTAL PACKET FOR 1` ll .L , (DA OF MEETING) q4wt ffdiW Gyle ftappwing itt0awntotatt C`` �» 21L hegi y'd- J 4ayd "Spread the word. ShuWy Mayor's Blue Ribbon Task Force Final Report, 2013 — "Develop and implement a competitive economic development strategy that creatively engages members of the business community and the citizens. Focus on strategies for the downtown". Completed in last two years 5/01/2015 1. Major improvements on highway 99W at Hall Blvd. & Greenburg Road intersections. 2. Burnham St. has new street paving, sidewalks, trees, landscape & lamp post lighting for the full length of Burham. 3. Chamber of Commerce has launched a new Downtown website. http://exploredowntowntigard.com/ 4. New Downtown face book page. htq2://www.facebook.com/ELcploreDowntownTigard 5. Main St. with new concrete paving, curbs, sidewalks, lamp post light fixtures with decorative glass baskets, trees, landscape, trash receptacles, bicycle racks & street furniture. 6. Park Bond Fund has $1.7 mil. for purchase of a Downtown plaza park site. 7. Max's BrewPub, Karate on Main & Pro Design Solutions had extensive buildings remodeled to include a new elevator & exterior seating with a trellis on Main St. This project has been recognized for an Urban Design Award. 8. Symposium Coffee House located in the first floor of the Chamber Building. 9. Fish & Field located a new store front on Main St. 10. 20 car parking lot on Burnham near Main St. 11. Jeffrey Allen purchased the Maria Christina building, the masonry building on corner of Main St. & Burnham & opened a new Asian interiors studio, with a 20 ft. reclining Buddha on the roof. 12. Entry Gateway Artwork at both ends of Main St. has been completed. 13. Miller Paint relocates to Main St. 14. A-Boy Building has a new paint job. 15. Large culvert where Fanno Creek passes under Main St. has been cleaned, painted with artwork and new light fixtures installed. 16. Lloyd Purdy is the new Tigard Economic Development Director. 17. Tigard Downtown Alliance is formed and operating for the past year and 1/2 . 18. More than $52,000 has been secured through various sources by the TDA for Downtown projects. Funded by tourism dollars from WCVA. 19. City purchased the Ferguson property on Burnham St. 20. Tigard has a 99 year lease on the RR property adjacent to Tigard Ave., north to Tiedemann Ave. 21. New artwork is on loan and installed at the Chamber Building. 22. Tigard received $400,000 to study downtown Brownfield sites. 23. Frame Central relocated to Main St. 2 Currently in Process 24. 164 unit apartment complex on the city utility yard property on Ash St. is being prepared to start construction in September, 2015. This apartment complex will have ground floor retail, parking, unit storage and areas for bicycle storage. 25. City is working on remediation of Downtown Brownfield sites. 26. City is closing purchase of 3 Saxony Properties on Main St. next to Fanno Creek. 27. TDA's second Downtown Artwalk, May 1-15, 2015. 28. Downtown's fourth Street Fair, August, 2015. 29. City has adopted the Strolling Street concept for Main St. and the first two new landscaped plaza areas will be installed on Main St. in June, 2015, making the Downtown a more walkable area. 30. New Dog Park is being planned at Ash St. and Burnham. 31. City is leaning toward new Tri-Met WES Station on Ash St. 32. East half of Main St. will be remodeled in 2017- 2018. This will be finished to match the west half of Main St. already completed to include new concrete paving for Main St., curbs, sidewalks, lamp post light fixtures with decorative glass baskets, trees, landscape, trash rerceptacles, bicycle racks & street furniture. 33. New YMCA is being studied for a Downtown location financed by a new city bond being considered by the City Council. This is in response to a $24,000 study showing broad city approval for a new YMCA. 34. Study concepts have been presented and discussed and a plan is being drawn for the `Trail by the Rail'. This walking/bicycle trail extends adjacent to Tigard St. from Main St. north to Tiedemann Ave. This will make a new entry into the Downtown area. 3 35. Clean Water Services to restore Fanno Creek to the original natural path with design in 2017 & work in 2018. FaVade Improvement Program Completed Proiects: (16 projects) Tigard Liquor Store Main Street Stamp and Stationery Under Water Works 12215 SW Main St. Tigard Main Street Cleaners 12564 SW Main St. Sherrie's Jewelry Box Max's Fanno Creek Brew Pub Rojas Market Symposium Coffee House We Li Acupuncture Pacific Paint Ca rQuest Fish Field (sign) Jeffrey Allen Home Interiors Cafe Allegro 4 SUPPLEMENTAL PACKET FOR (DAT9 OF MEETING) C'i/ten Cornet . orth Bridgelel6hqrcii y Tigard City Council Meeting 6/09/15 Proposed by Richard Shavey The North Dakota Bridge was closed by ODOT on June 1, 2015 as being unsafe. Tigard has hired a consultant to determine the alternatives that the City has at this time. I am here to ask the City Council to leave the bridge closed, permanently, to car and truck traffic. The City has spent a lot of time over past years trying to find a way to close the North Dakota Bridge as a railroad crossing in exchange to add Ash Ave. as a new railroad crossing. The City Engineering Department did a project study showing a number of routes to connect N. Dakota St. with Tigard St. With the bridge closed as it currently sits, there is a potential safety issue for all residences between 113th and the bridge because N. Dakota is now a dead end street, with only one access route for emergency vehicles. I believe the Options to be considered are: 1. Leave the bridge as it is—do nothing. 2. Demolish the existing wood bridge and build a connecting street with N. Dakota. 3. Leave the existing wood bridge with minor repair for pedestrian and two wheel vehicular traffic, closed to cars and trucks. Construct a new street connecting N. Dakota St. and Tigard St. 4. Build a new bridge for vehicles and pedestrians. I am asking Tigard to select Option No. 3, above and build a connecting roadway parallel and adjacent to Fanno Creek from N. Dakota St. to Tigard St. This would be a 1,5001f street for cars and pedestrians. This option will cost less than half the cost of rebuilding the bridge, can be built much quicker and it will give the City the necessary closed railroad crossing to negotiate a new crossing at Ash Ave. AIS-2278 3.A. Business Meeting Meeting Date: 06/09/2015 Length (in minutes):Consent Item Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda Submitted By: Carol Krager,City Management Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION /ACTION REQUEST No action is requested;these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A-Receive and File Items Attachments Three-month Council Calendar Tentative Agenda N MEMORANDUM TIGARD TO: Honorable Mayor&City Council/City Center Development Agency Board FROM: Carol A. Krager,City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: June 9,2015 June 2 Tuesday City Center Development Agency/Council Meeting—6:30 p.m.,Town Hall 9* Tuesday Council Business/CCDA Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall July 7 Tuesday City Center Development Agency Meeting Cancelled Council Summer BBQ Social—6-8 p.m.,Summerlake Park(big shelter) 14* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28* Tuesday Council/CCDA Business Meeting—6:30 p.m.,Town Hall August 4 Tuesday City Center Development Agency Meeting Cancelled (National Night Out) 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). is\adm\city council\council calen4ar\3-month calendar word format.doc Meeting Banner E3 Business i\feeting ❑ Stud-Session Special Meeting Consent_agenda ® Meeting is Full Workshop Nleeting ❑ CCDA bfeeting City Council Tentative Agenda 6/1/201511:13 AM -Updated Form Meeting J�Meeting Inbox or Date 1�ubmittecl y /ne ---------------------Title---------------------------- JDepartment::11Finalized 2024 06/09/2015 Norma Alle AA une 9 2015 Business and CCDA Meeting 06/09/2015 Norma Alley CCBSNS 15 Minutes - Council Liaison Reports City 12/22/2014 �1 IManagement �06/09/2015 Norma Alley CCBSNS 20 Minutes - Discussion on Tigard Senior Center Lease City 05/28/2015� Renewal Management 00total Time: 35 of 45 Minutes Scheduled 06/09/2015 Mark Bernard CCBSNS Consent Item - Approve an IGA with Metro to Accept and Community Brown Buff, Manage a RTO Grant Award for Safe Routes to School Development Assoc Transp Programming and Authorize the City Manager to Sign It Planner 06/09/2015 udy Lawhead CCBSNS Consent Item - Authorize the City Manager to Sign a Public Works IRager B, PW I �Surplus Water Contract with the Joint Water Commission Director 06/09/2015 Liz Lutz CCBSNS Consent Item - Establish Mayor and Council Compensation Financial and 05/28/2015 I Which Supersedes Resolution 14-26 In Services 06/09/2015 oseph Barrett CCBSNS Consent Item - Contract Award - DirkPark Oak Financial and MartyW, City I Savanna Info Services Mana er 2239 06/09/2015 Bengtson CCBSNS 1 5 Minutes - Proclaim Mark Neffendorf Day in Tigard �rmanagementity 05/14/2015 I 2254 06/09/2015 Carol Krager CCBSNS 2 10 Minutes - Award "If I Were Mayor" Contest Winners City 05/20/2015 I Management 2204 06/09/2015 Liz Lutz CCBSNS 3 5 Minutes - Resolution Certifying that the City of Tigard Financial and 05/28/2015 I Provides Services Qualifying for State-Shared Revenues Info Services 11 2205 06/09/2015 Liz Lutz CCBSNS 5 Minutes - Resolution Declaring the City's Election to Financial and 05/28/2015 I Receive State Revenue SharingInfo Services 2206 06/09/2015 Liz Lutz CCBSNS 5 10 Minutes - Adopt Citywide Master Fees and Charges Financial and MartyW, City Schedule Replacing Resolution 04-99 and Resolution No. Info Services Manager 14-31 and Subsequent Amendments 2207 06/09/2015 Liz Lutz =Classifying 6 15 Minutes - Public Hearing-Adopting the Budget, Making Financial and MartyW, City Appropriations, Declaring the Ad Valorem Tax Levy and Info Services Manager the Levy as Provided is\citvwide\tentagenda\June 1 2015.docx fleeting Banner 13 Business Meeting ❑ Stud--Session Special Meeting Consent Agenda 1 Meeting is Full Workshop Afeeting ❑ CCDA;Meeting City Council Tentative Agenda 6/1/201511:13 AM - Updated Form Meeting ubmitted �FMeeting Inbox orDate B pe11---------------------Title---------------------------- JDepartment Finalized _J 2211 06/09/2015 Liz Lutz CCBSNS 7 10 Minutes - Adopt CCDA FY 2016 Budget with Financial and MartyW, City djustments, Make Appropriations, and Impose and Info Services Manager Cate orize Taxes-Resolution 2273 06/09/2015 Lisa Shaw CCBSNS 8 10 Minutes - TriMet -Tigard Transit Police IGA renewal Police MartyW, City I Mana er 202506/16/2015 Norma Alley7AAA une 16 2015 Workshop Meeting 2238 06/16/2015 Carol Krager CCWKSHC 1 25 Minutes - Receive Presentation on Washington County IFmianagement ty Alley, N, Deputy I Public Safetyand LibraryLevies ICity Recorder 2221 06/16/2015 Mark Bernard CCWKSHO 2 40 Minutes - Presentation on Southwest Corridor �Development ommunity Brown Buff, Ass Plannin Pro ress Frransp Planner 2110 06/16/2015 Norma Alley CCWKSHO 3 45 Minutes - Discussion on Homelessness �rmanagement ity Newton L, ACM 2099 06/16/2015 Norma Alley CCWKSHO 15 Minutes - Discussion on the Strategic Plan City Wyatt K, Mgt I Management Anal st 2226 06/16/2015ulia Jewett CCWKSHO 5 25 Minutes - Photo Red Light Police MartyW, City I Manager 2272 06/16/2015 Lloyd Purdy CCWKSHOP 6 30 Minutes - Hunziker Project Update Community Purdy, L, Econ I Development Develo ment M r otal Time: 180 of 180 Minutes — MEETING IS FULL 2026 06/23/2015 Norma AlleyAA une 23, 2015 Business Meeting CI ouncilors Goodhouse and Snider Absent 2066 06/23/2015 Norma Alley CCSTUDY utes - Council Liaison Reports City 12/22/2014 15 Min �� Management 2251 06/23/2015 Steve Martin CCSTUDY 10 Minutes - Executive Session - Real Property TransactionPublic Works Krager C, City I Recorder otal Time: 25 of 45 Minutes Scheduled 2 I' a ,�c is\citywide\tentagenda\June 1 2015.docx Nfeeting Banner 0 Business Meeting ❑ Study Session 0 Special Meeting Consent Agenda E3 Meeting is Full Workshop nfeeting ❑ CCDA Meeting City Council Tentative Agenda 6/1/2015 11:13 AM - Updated Form Meeting ubmittedMeeting 1FInbox or # Date IBy e ---------------------Title---------------------------- Department Finalized 06/23/2015 Steve Martin CONSENT Consent Item - Authorize the City Manager to Signa Public Works Martin S, Division I Property Purchase Agreement �—]Mana er 06/23/2015 Loreen Mills ACONSENT tem - Approve Tigard Senior Center Lease �Manaqementity CItis M, AsseroRenewal I -' 06/23/2015 oanne CCBSNS Consent Item - Adopt Updated TYAC Bylaws City Bengtson J, Exec I �Bengtson Management Asst to Cit Mgr 2274 06/23/2015 Lisa Shaw CCBSNS 10 Minutes - Metro - Tigard Illegal Dumping Investigation Police Shaw L, Police GA renewal Business Mana er 2252 06/23/2015 Carol Krager CCBSNS 20 Minutes - Ballot Language for City of Tigard Charter City Newton L, Asst I Chan es Mana ement Cit Manager 2275 06/23/2015 Carol Krager CCBSNS1110 Minutes - PLACEHOLDER FOR COMMUNITY CENTER City 05/28/2015 BALLOT LANGUAGE DISCUSSION 11111anagement 2262 06/23/2015 Loreen Mills CCBSNS 60 Minutes - Executive Session for exempt public records irmanagement ity 05/18/2015 I under ORS 192.660(2)(f) a l 2138 07/07/2015 JINorma Alley AA ul 7 2015 CCDA Meeting - CANCELLED 07/07/2015 City Council Summer BBQ Social �� ][--��]Cit Manager Wine Absent �F 2027 07/14/2015 Norma AlleLjAAA uly 14 2015 Business Meeting 2067 07/14/2 INorma Alley CCSTUDY 15 Minutes - Council Liaison Reports Cit Mgt 12/22/2014 2166�07/14/2015 Lloyd Purdy CCSTUDY 20 Minutes - Quarterly Economic Development Update Community Purdy, L, Econ� Development Dev M r I otal Time: 35 of 45 Minutes Scheduled M07/14/2015IFad–i—ne rCBSNS 20 Minutes - Expansion of Tigard Municipal Court's minor dministrative JFRobinson N, I Robinson raffic diversion programs Services dmin. Svcs. M r 3 1 l' ,, ,,c is\citywide\tentagenda\june 1 2015.docx I Meeting Banner � Business:Meeting ❑ Stud-Session I Special Meeting Consent_agenda E3 Meeting is Full Workshop:Meeting ❑ CCD A Meeting City Council Tentative Agenda 6/1/201511:13 AM -Updated Form Meeting Submitted Meeting Inbox or # Date B e ---------------------Title---------------------------- Department Finalized 11 2191 07/14/2015 Louis Sears CCBSNS 20 Minutes - Comcast Cable Franchise Agreement Renewal Financial and Sears L, IT Info Services Network Admin 2267 07/14/2015ohn Floyd CCBSNS 50 Minutes - Placeholder: Appeal of Planning Commission Community Floyd J, Associate) Denial of Heritage Crossing Zone Change and Subdivision IDevelo ment Planner 2270 07/14/2015 Cheryl Caines CCBSNS 10 Minutes - Fern St Property Annexation �rcevelopment ommunity Caines C, Assoc I Planner 2028 07/21/2015 AAA Norma Alley my 21, 2015 Workshop Meeting I Cit Manager Wine Absent a�2201 07/21/2015 Norma Alley CCWKSHOP 50 Minutes - Continued Discussion on Street Maintenance Financial and La France T Fee Info Services Fin/Info Svcs Dir otal Time: 50 of 180 Minutes Scheduled 2029 07/28/2015 Norma Alle AA uly 28 2015 Business and CCDA MeetingI 068 07/28/2015 IlNorma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Cit Mgt 12/22/2014 otal Time: 15 of 45 Minutes Scheduled 1758 07/28/2015 arol Krager CCBSNS 15 Minutes - PLACEHOLDER - Google Franchise Agreement �IManagemen"JCity ity Mills L, Asst to I Manager 1888 07/28/2015 ucly Lawhead 115 Minutes - Briefing on Capital Improvement Plan Projects 11Public Works Faha L City Eng 11 2245 07/28/2niPagenstecher Gary CCBSNS 30 Minutes - Dirksen Nature Park Wetlands Education tevelopment ommunity Pagenstecher G, I [Assoc Planner 2258 07/28/2015 can Farrelly 25 Minutes - Presentation on Tigard Street Heritage Trail Community IlFarrelly S, Redev I Conce t IlDevelopment Project Mana er 25 07/28/2015 Sean Farrell y CCBSNS 15 Minutes - Future of Saxony Site Study �rDevelopment ommunity Farrelly S, Redev I Pro ect Manager otal Time: 100 of 100 Minutes Scheduled — MEETING IS FULL 4 T' a is\citywide\tentagenda\june 1 2015.docx Meeting Banner Business Meeting O Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting 13 CCD. Meeting City Council Tentative Agenda 6/1/201511:13 AM -Updated Form Meeting ly ubmitted Meetin Inbox or g ---------------------Title--------------------------- Department # Date IrType Finalized 2030 08/11/2015 Norma Alleyugust 11, 2015 Business Meeting t—�Counciillors Henderson and Snider Absent I 206908/11/2015 Norma Alley 115 Minutes - Council Liaison Reports Cit Mgt 12/22/2014 I�Total Time: 15 of 45 Minutes Scheduled 2192 08/11/2015 Lloyd Purdy CCBSNS 15 Minutes - Comprehensive Plan Amendment (Hunziker Community Pagenstecher G, Hillside Develo ment Assoc Planner 11 otal Time: 15 of 100 Minutes Scheduled 2031 08/18/2ugust 18, 2015 Workshop Meet 015 Norma Alley AA Council President Snider Abselnt I - --. 2086 08/18/2015 om McGuire CCWKSHO 0 Minutes - Joint Meeting with the Planning Commission to rDevelopment ommunity Caines C, Assoc �� Receive a Briefingon the Tigard Trian le Planner total Time: 40 of 180 Minutes Scheduled 2032 08/25/2015 IlNorma Alle AAA u ust 25 2015 Business Meeting —�� 2070 08/25/2015 Norma Alley CCSTUDY 15 Minutes - Council Liaison Reports �rmi� ty 12/22/2014 I �� naement otal Time: 15 of 45 Minutes Scheduled 5 page is\citywide\tentagenda\june 1 2015.docx I AIS-2276 3. B. Business Meeting Meeting Date: 06/09/2015 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager,City Management Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION /ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •May 12,2015 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments May 12_2015 Minutes City Of Tigard ® Tigard City Council Meeting Minutes May. 12, 2015 �L=! STUDY SESSION Council Present: Council President Snider, Councilor Henderson, Mayor Cook, Councilor Goodhouse and Councilor Woodard Staff Present: City Manager Wine,Assistant City Manager Newton, City Attorney Ramis,Public Works Director Rager, City Engineer Faha, Finance and Information Services Director LaFrance,Public Contracts Manager Barrett and City Recorder Krager A. COUNCIL LIAISON REPORTS Mayor Cook reported on his Washington DC trip and the contacts made on behalf of city programs and projects. He held meetings with the Environmental Protection Agency on the brownfields grants. He met with the Economic Development Association and Department of Commerce to speak about the Hunziker Project. They recommended that the city call it a commerce site rather than an industrial site. In response to a question from Councilor Woodard, Mayor Cook said the city is asking for$1.8 million in federal funds and$1.8 million from the State of Oregon. The private developer will put in about$2.2 million for this project. He will be making a fourth trip to Salem tomorrow regarding this project.The city has hired a lobbyist to help with this project in Salem. He said the money will go for infrastructure and a continued street behind the property, opening the rest of the area. He passed out handouts showing a project map. He said the federal agencies were very impressed with the project and the materials and the city will return with a grant application. Mayor Cook spoke with the Department of Justice COPS (Community Oriented Policing) staff about a grant and was advised that Tigard may not have as good a chance as other cities because of Tigard's low crime rate. He also met with Senator Wyden and apprised him of upcoming grant requests. Assistant City Manager Newton said Senator Wyden is going to visit Tigard this summer. Council suggested a walking tour. Mayor Cook said he joined a Washington County delegation and went to the Department of Housing for a discussion on the Community Development Block Grant (CDBG) program among other topics. He also met with Senator Merkley and Representative Bonamici. He met with the Department of Transportation as part of a JPACT group. Mayor Cook attended a Mayor's Institute on City Design, funded by the National Endowment for the Arts. Selected cities will be able to suggest three potential projects needing design assistance. One project for each of the eight cities will be selected for a group of designers to discuss. Mayor Cook received assurance that Tigard will be accepted for this program so he will travel to Houston this fall to give a PowerPoint presentation on an issue for the planners and architects to solve. TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 13 Councilor Henderson distributed a map of the Willamette River Water Coalition (WRWC) preferred route. He said there were three options and the WRWC chose option C which means that water rights are available for use by all the entities and stay in the name of the agency. He stressed that if water rights are not used,you can lose them. By consolidating them,the WRWC has the ability to keep permits as they are currently. Councilor Henderson said it still needs to be ratified but Tigard will have a Willamette River permit until 2047. He added there are water rights still to be given for water behind the dams and as they are removed there will be extra water available in the future. By working as a group, the WRWC will be able to access that water. B. POTENTIAL CONTRACT DISCUSSION City Manager Wine introduced new City Engineer Faha. She joined Public Contracts Manager Barrett to give highlights about two contracts, one for the Pavement Management Program (PMP) overlays and one for the PMP crack sealing. Mr. Barrett said the crack sealing bid is higher this year because 72nd Avenue is on the list and flagging requirements on this busy street increased the linear foot cost.There was only one bid for crack sealing and five bids for the overlay project. The overlay project winning bid is under the engineer's estimate. Staff has received no flags from BOLI on either contractor and they have done good work in the past. Council President Snider asked if there were doubts about the competitiveness of the single crack sealing bid. Mr. Barrett said staff has reached out to contractors to find out why they did not bid and he will report back to council when he has heard from everyone. Councilor Henderson clarified the total of the budget for construction and asked what the internal engineering costs were. Mr. Barrett said he will get the internal design numbers. Mayor Cook said the city received many favorable comments about the paving project contractor last year and their outreach to neighbors impacted by their work,and he hoped this year's contractor will do the same good job. C. DISCUSSION ON MASTER FEES AND CHARGES SCHEDULE Finance and Information Services Director LaFrance said a desire was expressed by council to view the master fees and charges schedule at a study session prior to the budget hearing so questions can be asked and staff can make changes prior to the hearing. He said staff prepared a sheet of all changes,page numbers and what the basis is for each change. Council had a few questions for staff follow up: 1. How many businesses are in the city's large business tax employer group (51 +)? 2. What is the policy for event fee refunds if an event is cancelled? Is there a penalty? 3. Has the city reached out to builders to find out if they want restored Friday hours in the Permit Center? 4. Check on the phase-in period for the county's Transportation Development Tax (17131)• 5. Have the non-residential System Development Charge (SDC) rates been clarified? Mr. LaFrance said there will be additional changes to the fees and charges. SDCs already passed by council will be represented in the final version. There is also a hearing scheduled for solid waste charges on May 26,2015,and those rates will be entered into the document. TIGARD CITY COUNCIL MINUTES - MAY 123, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 2 of 13 ADMINISTRATIVE ITEMS: Mayor Cook will announce the winners of the "If I Were Mayor, I Would..."contest at the June 9, 2015,council meeting. City Manager Wine said the North Dakota Street Bridge will be closed to all vehicle traffic on June first. She is waiting for an extensive communication plan from Public Works. She said ODOT sent a letter asking the city to post a three-ton weight limit sign and then close the bridge in August. Staff recommended it be closed in June from a safety perspective. She said the Tigard Street Bridge is in similar condition but the city has not yet received its rating report from ODOT. Councilor Henderson said there should be a conversation about how good this is for the city. It needed to get fixed and now ODOT is a partner. City Manager Wine said there is federal money to help cities with bridges that are in this condition and staff will be exploring this. 1. BUSINESS MEETING A. Mayor Cook called the Tigard City Council to order at 7:42 p.m. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items: None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication: None B. Tigard High School Student Envoy report—Carter Kruse gave a report on current activities at Tigard High School. A badminton tournament was successful and raised money. Last Friday was the basketball game fundraiser for the Sparrow project. The play,Alice in Wonderland,was the last performance at Tigard High for several seniors. Tigard High Principal Neffendorf will be honored and on June 9, the City of Tigard will proclaim Mark Neffendorf Day. He mentioned that Teacher Appreciation Day is this week and said THS is successful because of its teachers. This year's prom will be held on May 13 at Montgomery Park and the theme is City of Roses. TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 13 Mr. Kruse said this is his final report as City of Tigard THS Envoy. He introduced Shaina Azbari, next year's Associated Student Body President, and the next THS Envoy to the City Council. C. IR Tigard Area Chamber of Commerce—Debi Mollahan said the Shining Stars banquet was well attended. She thanked everyone that attended. Tigard networking will attend the play, Grease,at Broadway Rose Theater. Tigard Farmers Market opened on Mother's Day and offered strawberries which are ripening early this year. This Friday is the last day for the Art Walk in downtown Tigard. The Tigard Downtown Alliance had glass baskets,bike racks,benches and urban art installed in time for the Walk. There is art is in 24 different locations. Council President Snider said he enjoyed the Art Walk with his family and commented that even his four-year-old was entertained. D. Citizen Communication—Mayor Cook said he will allow 10-15 minutes for citizen communication later during the YMCA Study discussion if anyone wishes to comment on that topic. Reid Iford,Tigard Now! Newspaper, 11575 SW Pacific Highway, Suite 151,Tigard, OR 97223. Mr. Iford said some Budget Committee members expressed fears that multiple money measures could cause voter burnout. He said he understands the fear but it is misplaced. This is a complex topic with many factors to weigh, not the least of which is the proven willingness of Tigard voters to support sound,reasonable money measures that they know are needed to preserve the livability and quality of life in Tigard. It is not a competition between different needs. A decade ago measures seeking to fund our schools and $11 million to build the new library shared the ballot. The result? In a primary election requiring a double majority both won resoundingly and Tigard was the only jurisdiction within the state that passed money measures in that election. Mr. Iford spoke about his qualifications to address this topic,including his work on the Tigard Library bond,Washington County's 911 system measure, and annexation of Metzger and Washington Square. He said he has helped raise over$250,000,000 for schools and public services. He said elections are no different than sports competitions: success begets success. A win in November creates momentum that will carry through to a win in May, and so on. People need to be part of something greater than themselves and something they can take pride in. He said the results of the poll to be discussed tonight show numbers that are positive. In his political career spanning one-third of a century he said he has never seen such positive numbers from a cold-call on a proposed money measure. He said before he read the report he would not have thought this possible. He said he guaranteed a measure would pass in November and suggested that the city take the next step. He thanked the mayor for his leadership in agreeing to commit to paying part of the survey cost. Gary Romans,Mask&Mirror Community Theater, 13166 Broadmoor Place,Tigard, OR 97223, said he was present to show support for the YMCA and express the hope that it includes space for the arts. He noted that Mask and Mirror is in its fourth season, and presents high quality plays for low ticket prices. They will produce their first musical,Singing in the Rain, at Tualatin High School and he invited everyone to come. He said all profits TIGARD CITY COUNCIL MINUTES -MAY 12, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 4 of 13 from the musical will be split 50/50 between the theater and the Tigard-Tualatin School District. 3. CONSENT AGENDA: (Tigard City Council) Motion to: A. Approve City Council Minutes: • March 17, 2015 Council President Snider moved for approval of the Consent Agenda. Councilor Woodard seconded the motion. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson Abstained Council President Snider ✓ Mayor Cook announced that the motion to approve the Consent Agenda passed by a vote of four in favor and one abstention. 4. PROCLAIM NATIONAL PUBLIC WORKS WEEK Mayor Cook read a proclamation for National Public Works Week and said it will be celebrated on Sunday,May 17 with an event open to all held in the public works yard. He thanked all the city's public works employees. 5. AWA4UD "IF !WEREMAYOR, !WOULD..." CON TL` WINNERS Mayor Cook announced that Agenda Item No. 5 is rescheduled to the June 9,2015, meeting. He said award winning entries will be sent to Salem this week for the state contest. 6. RESOLUTION OF APPRECIATION FOR TIGARD HIGH SCHOOL ENVOY CARTER KRUSE Mayor Cook introduced this item and asked if council had any comments before he took a vote on the resolution. Councilor Henderson thanked Mr. Kruse for the Youth Advisory Council. He said he is an outstanding young man who was able to recruit 15 other teens to join and two of these were chosen to go to Washington DC. He said, "We have leadership for tomorrow." TIGARD CITY COUNCIL MINUTES - MAY 123 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 13 Council President Snider said the council is not comprised of city workers and so they push the staff to do things more quickly than they are used to in a government setting and Mr. Kruse pushed council and staff even harder and got things done. He appreciated Mr. Kruse's contribution. Councilor Woodard said it is important for youth to be involved and cross-pollinate with other city boards and committees. He said he wished there were more youth like him because the city needs their input. He thanked him for stepping up and recruiting others and wished Mr. Kruse the best with his future endeavors. Councilor Goodhouse said it was good to see youth taking an interest in their community and government and getting involved. Mayor Cook moved for approval of Resolution No. 15-17. Councilor Henderson seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 15-17—A RESOLUTION ACKNOWLEDGING AND COMMENDING CARTER KRUSE FOR HIS SERVICE AS THE TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD The resolution passed unanimously. Mayor Cook read the resolution and presented Mr. Kruse with a copy. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 7. !NFORMATIONAL PUBLIG HEARING, R�2045 THIRD QUARTER BUBG AMENDMEN Mayor Cook announced that this item has been rescheduled to the May 26,2015,business meeting. 8. RECEIVE BRIEFING ON THE YMCA STUDY 1U Mayor Cook outlined the order of speakers on this topic and said there would be time for the public to comment. SCJ City Manager Wine presented a brief staff report. She said the city and the YMCA have been exploring a partnership by which recreation services could be provided in Tigard. She said members of the community expressed a desire through public testimony and a petition to bring a YMCA to Tigard. Council elected to provide half of the funding for a survey testing the demand TIGARD CITY COUNCIL MINUTES - MAY 123, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 6 of 13 for these services. Questions were developed by the YMCA, community members and city staff. During the time the YMCA survey was being developed,another report commissioned earlier by the city was delivered. That report gave results of a survey asking Tigard residents what the city's role should be in providing recreation programming. The survey results indicate that it made sense for the city to continue to play a facilitating role in the early years,making more recreational opportunities available for residents. There was support for a beginning investment in recreation programming and the idea for a community center was farther away in the next phase. City Manager Wine said Constance Miller and Christin Baker from Daxko Consulting were present to discuss the results of the YMCA survey. CEO Bob Hall from the Columbia-Willamette YMCA was also present. She said the intent of the presentation was to hear the results and ask questions. She said part of their presentation addresses next steps, to be determined through a dialog between the city and the YMCA. City Attorney Ramis disclosed that he has at times represented the YMCA. He did not discuss this project nor does he have knowledge of it. He said he did not think he had gained any knowledge of the YMCA that would make a difference to the process. Daxko Consultant Christin Baker introduced the study and said Director of Data and Analytics Constance Miller would discuss the results of the survey. A revised PowerPoint slide show was presented and a copy of this has been added to the packet. QDaxko Consultant Miller described the methodology used for the market research study and survey. The scope of inquiry for a potential facility in Tigard was around appropriate pricing, a forecast of membership and usage, and a forecast of demand for facilities,programs and offerings. She said they operate a national call center based out of Nashville,TN. They purchased home and cell phone records of a randomized sample of Tigard residents. For this study they ensured that these were registered voters because they knew this may result in a bond measure. Additional screening questions included home ownership and both broader community members and current YMCA members. They also screened for people who voted in the last presidential election. Consultant Miller highlighted demographics and psychographics of Tigard residents that are especially important when building a new facility. Incomes and home values are high. Education levels are good. Tigard is also growing faster than the national average. She described Tapestry Segmentation,which is related to U.S. Census data and comes with 60 defined roles for each population segment. A top-five snapshot of those living in Tigard includes: • Bright young professionals • Soccer moms • Enterprising professionals • Emerald City • Metro Fusion Consultant Miller noted a number of respondents were making a home in Tigard but did not have a family yet or had older children who no longer live with them. She commented on the high TIGARD CITY COUNCIL MINUTES - MAY 122 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 7 of 13 incidence of regular exercise among those surveyed and said it was the second highest percentage she has seen. Council President Snider asked what was average and she responded that the average is 50 and Tigard's survey rate was 61,meaning that three-quarters of Tigard's population exercises regularly and uses exercise facilities. Common responses included the desire for a pool and cardio fitness equipment. Seventy percent of respondents with children in the home indicated interest. Eighteen percent were neutral and this may mean that they need more information. She said there was financial support for a new facility and 41 percent of homeowners said they would support a$10 per month property tax increase for a new Y facility in Tigard.Thirty-nine percent are unsure or need more information. Membership demand showed a split between two adults and two children with two adults with no children. A membership forecast based on conservative estimates indicates a new facility in Tigard would attract approximately 1,747 to 2,274 membership units within 3 years. She said these numbers are underestimates. Consultant Miller summarized their recommendations based on the study results. All signs point to proceeding with steps to develop a new Y facility,a plan to communicate and publicize information, and explore location options within downtown Tigard,which was a preferred section of the area. Other steps include parking lot consideration,voter polling, exploring where it fits with other city priorities, consideration of a bond, determining capital and operating costs, structuring a partnership agreement, and finally, timing and planning needs (project management). CEO Hall said the YMCA's reaction to this market data is that there is a good market demand for a facility in Tigard. He said it was encouraging to see such a low opposition number for voting in a tax on something for which they have not received any information. He said, "We are in. Please let us know how to proceed." Neal Brown, 13853 SW Boxelder Street,Tigard, OR, 97223 Mr. Brown commented that he met his wife at a YMCA. He is grateful that so many people have joined him in the effort to bring a YMCA to Tigard which will serve as a modern town square. He thanked those in the audience for attending and asked them to stand to show their support for a YMCA. Many audience members stood and held up signs supporting a YMCA. They showed the other side of their signs which asked to be allowed to vote on this. Mr.Brown said, "Now is the time to have a ballot measure in November so we can start planning for our future." Estelle May, 11737 SW Errol Street,Tigard, OR, 97223,represented senior citizens that go to a YMCA. She drives to the Sherwood Y several times a week and said Y's are friendly and useful. She knows many seniors in Tigard who also go to Sherwood and who are looking forward to using a YCMA in Tigard. Her children are also looking forward to it because they drive to Sherwood after work to exercise and drive back to Tigard,which means they cannot eat dinner until 7:00 p.m. or later. Marsden Smith, 12332 SW Hollow Lane,Tigard, OR, 97223, said one of Tigard's vision statements is that Tigard is, "A Place to Call Home." Yet many people leave Tigard to work and recreate. It would TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 8 of 13 be nice to have a facility so people could come home from work and stay in town to work out or exercise. He said this is consistent with the vision for downtown Tigard where people living there could walk to a nearby facility. Carter Kruse, 13290 SW Genesis Loop,Tigard, OR 97223, said the study is amazing but youth were not contacted. He said youth do not have a vote so they give their input other ways such as through the Tigard Youth Advisory Council. He submitted to the record a letter signed by 20 teenagers, 14 of whom are on the Tigard Youth Advisory Council and most of the Tigard High ASB officers. He said the survey numbers would be different if youth support and willingness to become members were included. Bill Peterson, 1235 SW Arnold Street,Portland, OR 97219, said he was speaking both personally and as a downtown employer. He owns Eagle Mortgage on Hunziker and exercises on his lunch hour but has to go to other cities to work out. He said it would be fantastic to have this nearby. It would be a great benefit to downtown employers enabling their employees to use it to work out at lunch or after work. He said the Sherwood YMCA is a great addition and Tigard would benefit from having this in the community. Thomas In, 20693 SW Jonquil Terrace,Sherwood, OR said he owns a business in downtown Tigard and has experience working in a Club Sport facility. He commented that there is nothing similar in Tigard and the city also lacks a community center. He noted that the YMCA is not a typical gym. It is more family oriented and promotes social events. Some gyms are luxury gyms but the YMCA is affordable. He said a YMCA will revitalize the downtown area, draw more people here and promote health and wellness. The entire community would be proud of it. IJ Councilor Woodard said the survey numbers are good, especially for cold calls. He said he is in favor of a YMCA. The city has done another survey and has a five-year plan but this does not preclude putting out a bond measure so a facility could be built sooner than five-ten years in the future. He said a one-to five year program with a recreation coordinator will help with many things the city is not doing now and could be the city's liaison for a YMCA. If we got approval from citizens for a bond measure,it may take three or four years to accomplish. He noted that demographics have shifted in communities and people are hungry for a sense of community. He wants a downtown center with activated economic development. He said he would not put a wall in front of this. He did not see any reason why this could not put this in front of the voters. 10 Councilor Henderson asked what the next steps were. Consultant Miller said the intent is to digest the survey information. Mr. Hall added that from their perspective there is excitement but it is unknown how everything fits into the city's timing and priorities. If the city said they were ready, the YMCA and the city would talk about location and timing and develop an agreement. Councilor Henderson asked if the location was addressed in the survey. Mr. Hall said they know from the survey that the preferred location is in downtown Tigard. Mayor Cook referred to Mr. Iford's earlier comments about the library. He asked City Manager Wine to describe the process the city went through to determine where,how and when the library would be built. City Manager Wine said the assessment of whether a library was needed came about as a result of a general obligation bond measure failure in 1998.The city embarked on a TIGARD CITY COUNCIL MINUTES - MAY 125 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.6gard-or.gov Page 9 of 13 study and needs analysis (programming, space,etc.) that showed a new library was needed. The study took six months. She said there is a difference between the library and a YMCA because there is an agreement that needs to be developed with an operator. Because we are a city facility and will be spending public dollars,we need to follow public contracting laws.The city library was not built until the land had been identified and the city had on option on the property. There was a needs analysis and a community process to develop what the public wanted in the library. It was not until 2001 that the city went out to voters for a$13 million bond measure to build the 45,000 square foot library. It was only after the bond passed that the city entered into design and construction,using a public process to select the architect and contractor. The city did not ask voters for money until they know what they were asking for. The library opened in 2004 and is the most recent example of a public facility that relied on public funding for land and a building. Council President Snider asked how long the process would take if staff were directed to work on this at the speed they worked on River Terrace. City Manager Wine said the words "70 miles an hour" are used to describe the speed at which staff is working on River Terrace. The city has current council items and goals that would need to be shuffled for an issue like a community center that is not currently on the priority list. She said it did not mean it was impossible. The site selection process for the library took a year,as 15 sites were narrowed to three. Arriving at that same level of specificity on a community center for the voters would take a minimum of 9-12 months. Council President Snider clarified that it would take 9-12 months,with staff going at 70 miles per hour, and impacting council's other priorities. Councilor Henderson spoke about his experience as a builder. He said he needs to have the money, the land and a plan before he builds. He said he does not want to stall anything but wants to make sure planning is done correctly. He asked the consultants what they learned from the survey and what questions they had. Consultant Baker said she agreed with Councilor Henderson regarding a plan. The data would be handed over to the facilities planning committee. The good news is that this survey gave a resounding green light to get started. She said their questions are for the city leaders. - Are you willing to build this facility? Is it your priority? Council President Snider asked Mr. Hall what size facility was recommended and Mr. Hall replied that it would need to be in the 80,000 square foot range. In response to a question on whether the YMCA had concerns that a Tigard facility would affect the Sherwood YMCA,Mr. Hall said there would be impact on both the Sherwood Y and Beaverton Hoops. He said their objective is to serve as many people as they can. The YMCA is a 501(c)(3) charitable organization and 25 percent of participants are receiving some financial aid. They raise money for those that cannot afford fees. He said 5,000-6,000 members were subsidized last year in the Portland area alone. LJ Councilor Woodard asked Mr. Hall to explain how the YMCA operations affect the city or the taxpayers if it is successful or failing. Mr. Hall used Sherwood as an example and said the YMCA is responsible for the profit or loss at the end of the year. If the facility loses money,it is their responsibility. If it makes a profit, 100 percent of excess revenue goes into a building reserve fund to be reinvested in the facility. Excluding some overhead services which are provided at a different location,all funds stay in the community. Money raised in annual support campaigns would stay in Tigard to help residents that cannot afford membership fees. TIGARD CITY COUNCIL MINUTES - MAY 123, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 10 of 13 Councilor Woodard asked for City Attorney Ramis'perspective about whether the location should be defined in the ballot measure, as well as the costs and who the operator will be. City Attorney Ramis said council has broad authority to decide whether to put this on the ballot,when to do so and how much they want to fund. He said another possibility is seeking authority financially first and return with a measure. Councilor Woodard asked if a location could be defined as one-half mile out from a point in the city center. City Attorney Ramis said it could. Council President Snider said he sensed the excitement in Town Hall. He said it is very important to put something on the ballot that is well thought through. He would like to see this on the November ballot this year but had concerns that it be done well so it passes. He said council also needs to see how it fits with other city priorities because the city does not have the staff to be able to drop everything else and work solely on this. Councilor Goodhouse asked where the telephone survey numbers came from. Consultant Baker said Daxko works through a credible vendor to receive the contacts. They buy lists that are not just home phone numbers. He asked if the survey respondents wanted a recreation facility in general or were they asked if they wanted a YMCA. City Manager Wine said the study that Tigard conducted did have a specific question to determine what the demand was for a recreation program in general. Consultant Miller added that many questions on the YMCA study related to current exercise habits and use of facilities were asked without a Y prompt. Councilor Goodhouse noted that 80 percent of people polled were over 50 years of age. Consultant Miller said phone surveying industry-wide skews towards over 50 but they normalize the data so it is not affected by age for data analysis. In response to a question from Mayor Cook, she said screening questions included income over$50,000 annually and higher household incomes include more homeowners than renters. Mayor Cook asked about the percentage of revenue going towards charitable cases and asked how much charity the Sherwood Y provides. Mr. Hall responded that he did not know the exact numbers for Sherwood but the average is 25 percent. Mayor Cook thanked Mr. Hall and Consultants Miller and Baker for coming to Tigard and said he looked forward to continuing this discussion at the May 19 workshop meeting. 9. CONTINUED DISCUSSION ON TIGARD CITY CHARTER REVIEW Assistant City Manager Newton introduced this item and summarized the issues heard at the March 17 workshop. She said she is looking for direction from council on how to move forward in order to file by August 14. Councilor Henderson asked how the ballot would appear. Assistant City Manager Newton said the city attorney would draft the language,voters would see the old and new language and could vote to support change or not. City Attorney Ramis confirmed that each item requires an individual vote. He said the council has unlimited discretion on what they want to put on the ballot. TIGARD CITY COUNCIL MINUTES - MAY 127 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 11 of 13 Mayor Cook said there is a petition being circulated to place a two-term limit on county commissioners on the ballot and this will show the will of the people. He said that locally,voting someone out is a term limit. He asked council if they want to make it unlimited or have three terms total,in any combination of mayor/councilor. Councilor Henderson said he wants to see more retention of seniority and knowledge but there should be three terms at a maximum. Council President Snider said he is a huge proponent of single-term term limits for each federal and even some state offices,in particular where the political system has been clouded by money. He said even at the City of Portland level, a scandal means getting voting out which is in effect,a term limit. He said that is a more effective way to limit terms at the local level than in Washington DC,where tenure has become a problem. He said he was also concerned about the appearance that the charter amendments are self-serving to the existing city council. He suggested a way to eliminate that would be to put in a provision that the changes do not go into effect until the current council leaves office. t Councilor Goodhouse said he was initially favorable to term limits but wants to avoid too much turnover to retain some familiarity and history. With constant turnover no one knows why decisions were made. He suggested three years for council and three years for mayor,with a councilor able to become mayor or vice versa. He agreed that being voted out is a term limit and added that local candidates do not need to spend a lot of money to be elected. Councilor Goodhouse said his first choice was no term limits and second choice was three and three. Councilor Woodard said he was in favor of three terms for councilors but only two terms for mayor. He suggested a mayor take a break after leaving office before running for council to avoid burnout. He also mentioned a concern about mayors being drawn into regional issues by the regional government and there is no way for mayors to push back. City Manager Newton said she was hearing support for a three-term limit for council and a two- term limit for mayor and removal of the 12-year limit. Councilor Goodhouse suggested a scenario of someone with two terms as councilor then being elected for two terms as mayor. This would enable an experienced councilor to serve as mayor rather than someone new to local government and the city. He said the city needs to have familiar faces on the federal and regional level. Council President Snider agreed with three terms as councilor and two terms as mayor for a possibility of five terms. It could be 3/2 or 2/3. Mayor Cook suggested making it effective for future council so there is no appearance of self- interest. Councilor Goodhouse disagreed and said if a current councilor wanted to run for a third term it is an advantage for the city to retain that experience. A discussion was held on what constitutes a break in service,with Council President Snider and Councilor Goodhouse suggesting a full term as a break. Councilor Henderson said he thought that was the intent. City Attorney Ramis asked council what their definition of consecutive years of service was. He asked,"Could the cap be defeated by resigning in the last six months of the term and then running again?" A discussion was held on the desired length of a break. City Attorney Ramis will develop some clarifications for council review. TIGARD CITY COUNCIL MINUTES - MAY 122 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov Page 12 of 13 Mayor Cook commented that three terms for council and two terms for mayor would come to 20 years so it might as well be unlimited.A discussion was held on having a 16-year cap. Mayor Cook suggested no more than two terms as mayor and no more than three terms as councilor in any combination with a 16-year cap. Councilors Woodard, Goodhouse,Henderson and Snider agreed. 10. NON AGENDA ITEMS There was none. 11. EXECUTIVE SESSION At 9:45 p.m. Mayor Cook read the Executive Session citation for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed,under ORS 192.660(2) (h). He said the Tigard City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. City Attorney Ramis left the meeting. The Executive Session ended at 10:16 p.m. 12. ADJOURNMENT At 10:16 p.m. Council President Snider moved for adjournment. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 13 of 13 AIS-2219 3. C. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): Consent Item Agenda Title: Authorize the City Manager to Sign a Surplus Water Contract with the Joint Water Commission (JWC) Prepared For: John Goodrich Submitted By: Judy Lawhead, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council authorize the city manager to sign a surplus water contact with the Joint Water Cominission UWC)? STAFF RECOMMENDATION /ACTION REQUEST Authorize the city manager to sign the contract. KEY FACTS AND INFORMATION SUMMARY The city is in its final phases of construction activities related to the Lake Oswego-Tigard Water Partnership. This construction activity includes the decommissioning of the Bonita Pump Station which provides Tigard with water from the Lake Oswego-Tigard Water Treatment Plant. The partnership is constructing a new pump station and piping system in Tigard to replace the decorntr issioned pump station. During this construction phase,Tigard will not have access to surplus Lake Oswego water capacity for sununer seasonal peak water demands for 2015. The new pump station and piping system is scheduled to be substantially complete by October 2015. Tigard has primary water supply for the 2015 peak season delivered from the City of Portland wholesale contract. Tigard also has an aquifer storage and recovery (ASR) well system and numerous reservoir storage tanks through out the service area. Staff has developed a summer operational plan that identifies 10.5 million gallons per day capacity using both Portland and ASR well supply. The peak 3-day demand for the summer of 2014 did not exceed 10.5 million gallons per day based on our records. However, staff would like to seek additional surplus water supply from other agencies on a temporary and as-needed basis in case customer demand exceeds system capacity,or in case a portion of system capacity is disrupted (i.e. ASR well failure during peak day demands). The city has used neighboring supplemental or alternate water supply in the past to meet water demands,including a system interconnection with the City of Beaverton, a member of the Joint Water Commission (JWC). The JWC agreement provides that sales of water to non-members must be made by contract between the third party (City of Tigard) and JWC. The JWC has excess water supply capacity in 2015 sufficient to meet Tigard's projected limited needs for supplemental water. This water would be purchased through a surplus water supply contract agreement. Staff has met with representatives from the JWC and City of Beaverton to discuss and propose a surplus water supply contract agreement. Major terms provided in the agreement are: •JWC agrees to serve Tigard as a wholesale customer for supply of surplus supplemental water. •Maximum flow rate to Tigard will not exceed 2 million gallons per day during the period of the agreement. •Delivery will be through the Beaverton-Tigard interconnection. *JWC and Beaverton will have an obligation to monitor consumption through calibrated teetering. Wholesale rates will be $1.59 per ccf(100 cubic feet or 728 gallons). JWC receives $1.30 per ccf; Beaverton receives a "wheeling charge" of$0.29 per ccf. •Delivery will be available beginning July 1,2015,and end not later than September 30,2015. The city attorney has reviewed and provided comments regarding changes or corrections to the surplus water contract agreement terms and conditions. The Intergovernmental Water Board will be provided with a copy of the finalized agreement at their regular meeting on Wednesday,June 10,2015. OTHER ALTERNATIVES The council could provide direction to staff regarding changes to the terms or conditions of the agreement, or council could direct staff not enter into a surplus water supply agreement. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS The city has a water master plan adopted by council in May 2010. DATES OF PREVIOUS CONSIDERATION The council was briefed on this contract at its May 26,2015 business meeting. Council agreed to consider the approval for the city manager to sign the finalized agreement as an consent agenda item for June 9, 2015. Fiscal Impact Cost: 75,000 Budgeted (yes or no): yes Where Budgeted (department/program): Water Additional Fiscal Notes: Public Works Department water division included approximately$75,000 for surplus water purchases during peak seasonal use. Normally surplus water would be purchased from Lake Oswego through an existing water purchase agreement. Due to construction and lack of access to Lake Oswego supply during the summer 2015, the$75,000 will be used to purchase JWC surplus water. Approximately 35 million gallons water is available for summer peak seasonal use based on the budget amount and purchase price. Staff is not seeking any changes to the line item budget for water wholesale purchases based on this surplus water agreement with the JWC. Attachments Tigard-]WC Water Supply Agreement WATER SUPPLY AGREEMENT THIS AGREEMENT is between the JOINT WATER COMMISSION (JWC), an intergovernmental entity formed under ORS Chapter 190, and the CITY OF TIGARD (Tigard), an Oregon municipal corporation. JWC and Tigard are also referred to individually as "Party", and collectively as "Parties". RECITALS The Parties agree upon the following Recitals: A. Tigard supplies municipal water in the Tigard Service Area which includes the Cities of Tigard, Durham, and King City and the Tigard Water District. "Municipal water supply" means water used for the municipal needs of the Tigard Service Area customers. B. Tigard currently obtains its water supply for the Tigard Service Area from its contract with the City of Portland, its Aquifer Storage and Recovery wells and through an intertie with the City of Lake Oswego. Tigard manages peak season demands through a combination of these sources and use of its storage facilities. C. Tigard has entered into the Lake Oswego Tigard Water Partnership intergovernmental agreement (LOT Project) whereby the Lake Oswego river intake, raw water transmission, treatment plant, finished water pumping, transmission and storage will be upgraded, expanded and replaced as necessary to deliver water to Tigard prior to July 1, 2016 to enable Tigard to end its supply contract with the City of Portland by the contract's June 30, 2016 expiration date. D. Construction under the LOT Project is ongoing. The pump station serving Tigard with water supply from Lake Oswego was demolished as part of the LOT Project, and construction of the replacement pump station will not be completed until October 2015. As a result, water supply by Lake Oswego to Tigard through existing interties between TIGARD-JWC WATER SUPPLY AGREEMENT 2015 them will not be possible for the peak season of July 1, 2015 through September 30, 2015 (hereafter "2015 Peak Season"). E. Tigard seeks access to additional water supplies for the 2015 Peak Season defined in Recital D above as a supplement to its other water supplies. Tigard may determine the need to contract for supplemental water supply from JWC in future years. Whether excess capacity is available from JWC in future years depends upon a variety of factors, including but not limited to JWC Member demands, existing JWC wholesale supply contracts, capacity limitations of the JWC water treatment plant, storage and transmission, stored raw water supplies and impacts from programmed JWC system upgrade and expansion capital improvements. F. JWC has excess water treatment plant and water supply capacity for the 2015 Peak Season sufficient to meet the limited Tigard request for supplemental water. The City of Beaverton (Beaverton), a JWC member, water distribution system has an intertie with Tigard's water distribution system which has previously been used to wheel JWC water to Tigard and which will provide for the supply of water from the JWC to Tigard. The JWC Agreement provides that sale of water to Non-Member entities shall be made by the JWC, and not by individual members of the JWC. G. The Parties hereto desire to enter into this agreement whereby JWC will provide supplemental water to Tigard for the 2015 Peak Season as defined. H. Each Party has the authority to enter into this Agreement under ORS Chapter 190 and execution of this Agreement has been authorized by the governing bodies of each and being fully advised, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS Section 1. Recitals. The Recitals above are hereby incorporated by reference as though fully set forth. Section 2. Obligations of the Parties. JWC agrees to sell, and Tigard agrees to purchase, a limited quantity of water to supplement Tigard's other water supply 2 TIGARD-JWC WATER SUPPLY AGREEMENT 2015 sources for the 2015 Peak Season of July 1, 2015 through September 30, 2015, subject to the following: 2.1. JWC will deliver the water purchased by Tigard to the Beaverton distribution system for Beaverton delivery to Tigard at the Beaverton/Tigard intertie located near the intersection of SW Scholls Ferry Road and SW Barrows Road. 2.2. The volume and rate of supply to Tigard may vary on a daily basis at Tigard's discretion subject to: 2.2.1. The maximum daily demand shall not exceed two million gallons per calendar day (2 MGD). 2.2.2. A minimum flow of 174 gallons per minute (334 ccf per day) will be supplied to Tigard to maintain continuous compliance at the intertie meter with regulatory requirements for drinking water quality. 2.2.3. The Parties shall develop operational protocols with Beaverton that will be an exhibit to this Agreement. The exhibit may be amended from time to time as approved by the JWC General Manager and designated representatives of Tigard and Beaverton. In addition to other topics that Tigard, Beaverton and JWC determine to be included, the operational protocols will set the maximum and minimum flow rates through the JWC and Beaverton systems to meet the Tigard demand and to maintain water quality in the Beaverton/Tigard intertie, and will establish protocols for coordination of operations between the Beaverton and Tigard water systems. 2.3 The volume of water delivered by JWC to Tigard shall be measured at a Beaverton owned meter at the Beaverton/Tigard intertie. JWC will make arrangements with Beaverton to test and calibrate the meter, at Beaverton's cost, prior to commencement of the 2015 Peak Season and in subsequent years if this Agreement is extended. If Tigard wishes to install Supervisory Control and Data Acquisition (SCADA) instruments to allow Tigard to monitor and verify flows through the Beaverton meter, then the terms and conditions of installation and use shall be separately negotiated between Beaverton and Tigard. 3 TIGARD—JWC WATER SUPPLY AGREEMENT 2015 Section 4. Wholesale Rate. Tigard agrees to pay JWC for 2015 Peak Season water at the rate of$1.59 per hundred cubic feet (ccf), measured at the Beaverton/Tigard intertie meter, payable according to Section 8 below. The rate includes $0.29 per ccf Beaverton wheeling charge. Section 5. Term. The term of this Agreement shall begin upon execution by both Parties and terminate without further action of the Parties on September 30, 2015. The Parties may mutually agree to sell and purchase water in subsequent years, and may also mutually agree on terms for emergency water supply, but the terms and circumstances for those arrangements are difficult to predict and the Parties recognize that any contractual relationship for subsequent years will require execution of a new agreement. Section 6. Limitation of Liability. Notwithstanding any other provision of this Agreement, the parties agree that JWC will not be liable for breach of this Agreement or damages if JWC is unable to provide water to Tigard due to inadequate water supply availability despite availability projections made by JWC in the reasonable exercise of its professional judgment. Additionally, JWC will not be liable for breach or damages if JWC is unable to provide water to Tigard by reason of interruptions in JWC's water system due to breakdowns, emergency shut-off, or due to any reason other than interruptions caused by the intentional misconduct or gross negligence of JWC, its agents and employees. Section 7. Emergency Curtailment. Tigard agrees that water deliveries by JWC are subject to the same water use regulations, water conservation practices and curtailment measures as are imposed upon JWC customers under the JWC Water Management and Conservation Plan. In the event of an Extreme Water Supply Disruption in the JWC system, JWC will notify Tigard of this condition and Tigard agrees that JWC will not be obligated to provide water to Tigard. JWC will notify Tigard as soon as practicable when such curtailment measures are necessary and when those measures can be rescinded. Section 8. Payment of Charges. Tigard will be billed by JWC monthly for the water provided under this Agreement. The bill will show the billing period, volume of water used, total costs and any surcharges. Tigard agrees to pay the charges to JWC within 30 days after the billing is received. If payment is not made 4 TIGARD-JWC WATER SUPPLY AGREEMENT 2015 within this 30 day period, JWC will provide Tigard with written notice of non- payment and may begin charging interest at the Local Government Investment Pool Rate in effect at that time. In addition, JWC may shut off the water supply to Tigard if, after 10 days from written notice of non-payment, the charges remain unpaid. If Tigard files a written notice of dispute with JWC over the amount of the charges, within 10 days after a written notice of non-payment is given to Tigard, JWC will not cut off or interrupt water service to Tigard, or charge interest for non-payment of disputed amount while such dispute is under consideration, mediation or litigation under Section 9 of this Agreement. If, after consideration, mediation, or litigation, some amount is determined to be owed by Tigard, then JWC may charge interest on that amount retroactively to thirty 30 days after it was originally due. Section 9. Dispute Resolution and Remedies. Unless there is an extension of time by mutual consent in writing, the failure or unreasonable delay by either party to substantially perform any term or provision of this Agreement constitutes a default. In the event of an alleged default of this Agreement (other than non-payment of charges under Section 8), the party alleging such default will give the other party not less than 30 days' notice in writing specifying the nature of the alleged default and the manner in which the default may be cured satisfactorily. During this 30 day period, the party charged will not be in default for purposes of termination or instituting legal proceedings. Thereafter, the non-defaulting Party may pursue all remedies in the Circuit Court of the State of Oregon in Washington County. Section 10. Limitation of Liability and Indemnity. Tigard will indemnify and hold harmless JWC, its elected and appointed officials, employees, agents and volunteers from any losses or damages (including but not limited to consequential damages) arising out of or resulting from JWC's inability to provide water to Tigard, or resulting from any connection made by Tigard which is beyond the supply then available, or which creates less than adequate pressures. Tigard will indemnify and hold harmless the JWC and the Parties to the JWC Water Service Agreement, their elected and appointed officials, employees, agents and volunteers from any losses or damages (including but not limited to consequential damages) arising out of or resulting from any complaint or demand for service to any connection permitted by Tigard, for which the then-available water supply or pressure was inadequate. 5 TIGARD-JWC WATER SUPPLY AGREEMENT 2015 Section 11. No Third Party Beneficiaries. JWC and Tigard are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives any benefit or right, whether directly or indirectly, to third persons, including Tigard's retail customers. Section 12. Notices. Written notices and correspondence under this Agreement may be sent by postage prepaid first-class mail addressed as below set forth, and if so sent, are deemed received three days after deposited in the United States Mail. Written notices and correspondence transmitted in any other manner are deemed given when actually delivered to the other party. Either party to this Agreement may change its address by notice to the other party in the manner provided above. Notice to Tigard will be addressed as follows: Tigard City Manager City of Tigard 13125 SW Hall Blvd Tigard, OR 97233 Notice to JWC will be addressed as follows: JWC General Manager c/o City of Hillsboro Water Department 150 E. Main Street Hillsboro, OR 97123 Section 13. Force Majeure. Performance by either party will not be in default where delay is due to insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, contamination of water supply, governmental restrictions imposed or mandated by governmental entities other than JWC, 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 reasonable control of a party. Section 14. Applicable Law and Attorney Fees. The laws of the State of Oregon apply to this Agreement should either party bring any legal action under this Agreement or to enforce any provision. The prevailing party is entitled to 6 TIGARD-JWC WATER SUPPLY AGREEMENT 2015 reasonable attorney fees and court costs as fixed by the court. Attorney fees include attorney fees on any appeal and in any bankruptcy proceeding. Section 15. Recordkeeping: The parties will maintain all fiscal records relating to this Agreement, in accordance with generally accepted accounting principles consistently applied. In addition, the parties will maintain any other records pertinent to this Agreement to clearly document the party's performance. All such fiscal records, books, documents, papers, plans, and writings will be retained by the parties and kept accessible for a minimum of four years, except as required longer by law, following final payment and termination of this Agreement, or until the conclusion of any audit or litigation related to this Agreement. Section 16. Severability. The parties agree that 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 will not be affected, and the rights and obligations of the parties will be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. Section 17. Assignment. This Agreement may not be assigned by either party, without the prior written approval of the other party. Section 18. Other Necessa_ Acts. Each party will execute and deliver to the other all documents reasonably necessary to carry out this Agreement. Section 19. Nonwaiver. Failure by either party, at any time, to require performance by the other party of any provision does not affect the first party's rights to enforce the same provision. A waiver by either party of default will not be a waiver of any succeeding default. Section 20. Compliance with Laws. Tigard and JWC will comply with all local, regional, state and federal agency regulations pertaining to water systems of its size and kind, including, but not limited to, requisite sampling to assure compliance with any applicable Federal Requirements for testing and water quality. Section 22. Access to Records. Each Party agrees that the other Party and its authorized representatives will have access at reasonable times to all books, TIGARD-JWC WATER SUPPLY AGREEMENT 2015 documents, papers and records which are directly related to the Agreement, for the purpose of making any audit, examination, copies, excerpts and transcripts. IT IS SO AGREED AND EFFECTIVE THIS day of 52015. City of Tigard Joint Water Commission an Oregon Municipal Corporation an ORS Chapter 190 Entity By: By: - Martha A. Wine Kevin Hanway City Manager General Manager Attest: Approved as to Form: City Recorder By: JWC Counsel Approved as to Form: By: City Attorney 8 AIS-2228 3. D. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): Consent Item Agenda Title: Establish Mayor and Council Compensation Which Supersedes Resolution 14-26 Prepared For: Toby LaFrance Submitted By: Liz Lutz,Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Resolution Agenda Joint Meeting-Board or Other Juris. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall council pass a resolution establishing Mayor and Council compensation which supersedes Resolution 14-26? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends approving the resolution. KEY FACTS AND INFORMATION SUMMARY Compensation is supposed to be addressed annually per City Charter and Tigard Municipal Code. During a public Budget Committee meeting held on May 4,2015,the Budget Committee discussed and approved the Proposed Budget,which includes a stipend increase for Mayor and Council of 1.7% commensurate with non-represented staff COLA,and maintain an automobile allowance and city-paid technology for city business. OTHER ALTERNATIVES Do not pass the resolution and maintain current compensation for Mayor and Council. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION April 20,27 and May 4,2015 during a Budget Committee public hearing. Attachments Council and Mayor Stipend CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION ESTABLISHING MAYOR AND COUNCIL COMPENSATION WHICH SUPERSEDES RESOLUTION NO 14-26. WHEREAS, the City Council is charged by City Charter Section 11 and by the Municipal Code Section 2.44.010 with responsibility to set annually the amount of compensation for the appointed or elected officers of the City;and WHEREAS, the Budget Committee studied the matter in a public meeting and approved the FY 2015-2016 budget to include additional compensation;and WHEREAS, except where contracts are currently being negotiated, city staff will receive a cost of living adjustment of 1.7%in FY 2016;and WHEREAS, Tigard Municipal Code 2.22 states that the purpose of Mayor and Council compensation is for attendance at regularly scheduled meetings of the city council and meetings for an intergovernmental board, committee,or agency;and WHEREAS, the City Council recognizes that the Mayor has important duties over and above regular City Council duties and liaison assignments,including. attendance at meetings of committees, governmental bodies and stakeholders relating to regional decisions; and the regular involvement of an elected official to connect with citizens,businesses,and property owners on city issues. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The annual stipend for the Council Members,other than the Nfayor, shall be$5,880. SECTION 2: The annual stipend for the Mayor shall be$45,285. SECTION 3: Mayor and Council will each receive an automobile stipend of$275 per month. SECTION 4: Mayor and Council are eligible for city paid technology for city business purposes;including a cell phone stipend or a city cell phone. SECTION 5: Mayor and Council are eligible to participate in the City's health insurance benefit plans offered to City employees. SECTION 6: Mayor and Council are expected to abide by the Council Rules, and make best efforts to attend City Council meetings, and perform liaison, committee, board and other responsibilities assigned by the City Council. SECTION 7: It is the expectation of the City Council that the assignments given to the Mayor, over and above the usual and customary assignments,will require an average of twenty (20) hours each week. RESOLUTION NO. 15- Page 1 SECTION 8: Should the duties of the Mayor average less than 20 hours per week, the stipend may be adjusted downward with the approval of the Mayor and City Council. SECTION 9: The Mayor shall submit regular reports to the City Council summarizing activities and reporting on issues and outcomes and time required for each area of activity. SECTION 10: Renewal of the provisions of this resolution pertaining to the additional responsibilities and compensation for the Mayor shall be deliberated during the City's budget process each fiscal year. SECTION 11: Consideration on the amount of compensation and benefits to City Council members shall be deliberated during the budget process for each fiscal year. SECTION 12: This resolution is effective July 1,2015. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 2 AIS-2187 3. E. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): Consent Item Agenda Title: Approve two IGAs for Safe Routes to School Programming Prepared For: Buff Brown Submitted By: Mark Bernard, Community Development Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Council approve resolutions to accept two intergovernmental agreements (IGA) for the Safe Routes to Schools program? STAFF RECOMMENDATION / ACTION REQUEST Approve the resolutions to authorize signing of the IGAs. KEY FACTS AND INFORMATION SUMMARY The Safe Routes to School program is active at the national, state and local level. Safe Routes to School programs are mostly implemented through coordinators at school districts who direct marketing and outreach efforts that increase walking and biking to schools. Portland's program, for example,quadrupled walking and biking at area schools in ten years. Specific federal transportation funding for state Safe Routes to School programming was available between 2005 and 2012. The latest transportation bill (MAP-21) combines transportation funding for bicycling and walking into a single pool,reducing what was previously available by 30%. New funds were made available this year through Metro's Regional Travel Options program for regional Safe Routes to School initiatives to bridge this gap in federal funding. The Community Development Department learned in late February that Metro funded the city's Safe Routes to School grant application made last December. The $150,000 grant award is through the Regional Travel Options (RTO) program,which is designed to improve air quality by encouraging the use of alternative modes of transportation. Of the $2.1 million Metro awarded in the current grant cycle,$458,000 was allocated to programs that make travel to and from schools safer in Tigard,Beaverton and Portland. The grant award will pay for a dedicated Safe Routes to School Coordinator to accelerate program implementation at the seven elementary schools and two middle schools in Tigard. The grant is expected to fund a Coordinator for two years starting this August. In November 2014, the Washington County Coordinating Committee approved a $41,000 MSTIP Opportunity Fund grant to support the Metro RTO grant that Tigard had applied for. This will pay the RTO grant match minimum requirement (10.27%) and help support additional needs of the Safe Routes To School program described in the RTO grant request.The SRTS program and RTO application includes $83,035 of in-kind services (labor hours and printing costs) for a total program expense of$274,035 for the 2-year effort. Attached are two IGA's (with accompanying resolutions). The first is with Metro to accept and manage $150,000 in Regional Travel Options (RTO) funding awarded in February 2015,and the second is with Washington County for a $41,000 MSTIP Opportunity Fund grant awarded in November 2014. Council is being asked to authorize city officials to execute the IGAs. OTHER ALTERNATIVES Council could propose changes to the IGAs. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS Tigard Strategic Plan: Vision: The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. Goal 1 "Facilitate walking connections to develop an identity." Objective 2 "The trail system is used for all kinds of trips." Goal 3 "Engage the community in dynamic communication." Objective 2 "The community is engaged and connected to the vision." Tigard Comprehensive Plan: Goal 15.4 "Develop comprehensive street and circulation improvements for pedestrians,automobiles, bicycles and transit." Tigard Transportation System Plan: Goal 3 Multi-modal Transportation System "Provide an accessible,multi-modal transportation system that meets the mobility needs of the community." Policy 10. "The city shall require appropriate access to bicycle and pedestrian facilities for all schools,parks, public facilities and commercial areas." Tigard Greenway Trail System Master Plan: Has an objective to "increase opportunities for walking, bicycling and accessing transit by identifying and developing trail improvement projects that complete the greenway trail system." Tigard Neighborhood Trails Plan: Has an objective to "focus on connections that enhance the broader transportation network,including sidewalks, trails and transit routes." DATES OF PREVIOUS CONSIDERATION At the March 24,2015 Council Business Meeting,Resolution No. 15-11 supporting the Metro Regional Government's establishment of policy direction for the 2019-2020 Metropolitan Transportation Improvement Program to create a regional Safe Routes to School program passed unanimously. Fiscal Impact Cost: 191,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Community Development Additional Fiscal Notes: In Tigard, the$150,000 grant and the MSTIP Opportunity Fund grant of$41,000 Will fund a SRTS Coordinator position for two years. This funding is being matched with in-kind service hours of$82,035 from city staff.This is a reimbursement grant and is in the proposed 2015-16 budget. Attachments Metro IGA Resolution Metro SRTS IGA Wash Co IGA Resolution Wash Co SRTS IGA CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH METRO TO MANAGE A $150,000 REGIONAL TRAVEL OPTIONS GRANT THAT WILL FUND A SAFE ROUTES TO SCHOOL COORDINATOR FOR A PERIOD OF TWO YEARS. WHEREAS, the City's strategic vision is "The most walkable community in the Pacific Northwest where people of all ages and abilities live healthy,interconnected lives;" and WHEREAS,when it is safe,convenient, and fun to walk to neighborhood schools,our children are healthier,our streets are safer for everyone, and our communities thrive;and WHEREAS, kids that can safely walk and bike to their neighborhood school get regular physical activity and do better in school;and WHEREAS, our kids who most need more opportunities for physical activity often don't have safe routes for walking or biking to school;and WHEREAS,comprehensive Safe Routes to School programs have proven successful at getting more kids to bike and walk to school; and WHEREAS,Safe Routes to School programs are a cost-effective way to improve children's health,make neighborhood streets safer for everyone, engage community members in promoting healthy and safe choices,and reduce school-related congestion;and WHEREAS, the City recognizes the value of Safe Routes to School in meeting its goals and realizing its strategic vision;and WHEREAS, funding from Metro has been secured through their Regional Travel Options program to grow and sustain Safe Routes to School programs in the City;and WHEREAS, the Metro funding is needed to hire a full time coordinator for a period of two years to run a Safe Routes to School program in the Tigard-Tualatin School District to serve every K- 8 Tigard student; and WHEREAS,an intergovernmental agreement (IGA) between Metro and Tigard memorializes services to be performed and obligations of the parties to manage a$150,000 Regional Travel Options grant for a dedicated Safe Routes to School Coordinator in Tigard;and WHEREAS, the Regional Travel Options grant is a reimbursement grant requiring Tigard to invoice Metro quarterly for labor costs incurred while supporting the Safe Routes to School Coordinator position. RESOLUTION NO. 15- Page 1 NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1:The Tigard City Council approves the IGA with Metro for management of a$150,000 Regional Travel Options grant to fund a dedicated Safe Routes to School Coordinator for Tigard and authorizes the City Manager to sign the IGA. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 2 0 Metro 600 NE Grand Avenue Grant Agreement Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Project: Safe Routes to School THIS AGREEMENT is between Metro, a metropolitan service district organized under the laws of the State of Oregon and the Metro Charter, located at 600 N.E. Grand Avenue, Portland, Oregon 97232-2736, and City of Tigard referred to herein as"Grantee," located at 13125 SW Hall Blvd., Tigard, Oregon 97223. A. Recitals 1. Metro and its Regional Travel Option's(RTO) program is the recipient of Federal Transit Administration("FTA") Congestion Mitigation and Air Quality(CMAQ)and Surface Transportation Program (STP)grant funds, and wishes to enter into this Agreement with the Grantee, utilizing these federal funds. 2. Metro considers the Grantee to be a subrecivient of federal funds. Funding for this project is obtained from a Grant Agreement between Metro and the FTA, utilizing Congestion Mitigation and Air Quality(CMAQ)or Surface Transportation Program (STP)funds, CFDA No. 20.507. As federal funds are involved in the Agreement, Exhibit C—Federal Clauses, Attachments A and B and Exhibit D—Department of Labor Clauses are attached hereto and by this reference made a part of this Agreement as if set forth in full. 3. The Regional Travel Options Program, hereinafter referred to as the "RTO Program" is a program of Metro designed to assist local governments and non-profit agencies in managing demand on the transportation system and increasing use of travel options. 4. Metro selected Grantee, through a competitive process, to receive partial funding for the purpose of supporting the City of Tigard's project—Safe Routes to School, This project will fund a full-time Safe Routes to School (SRTS) Coordinator position in the City of Tigard for fiscal years 2016 and 2017. The Coordinator will be the hub of Citywide and Tigard-Tualatin School District(TTSD)efforts to promote walking and bicycling for school and other trips. By working directly with individual schools, Tigard SRTS will reinforce the City's commitment to being"The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." The program will also be a model to other cities in the Portland Metro region, demonstrating how a citywide program offers in-depth and personalized encouragement and outreach that can effectively shift travel behaviors. This project is expected to further the RTO effort toward accomplishing Regional Transportation Plan modal target of 40% non-SOV trips or higher, by the year 2040. The work plan elements outlined here are elements of a much larger Grantee work plan that is being partially funded using requested METRO RTO grant dollars for Metro fiscal years 15-16 and 16-17. B. Effective Date and Duration The beginning date of this Agreement is July 1, 2015, and shall remain in effect until and including June 30, 2017 unless terminated or extended as provided in this Agreement. Costs incurred on or after July 1, 2015 which are deemed allowable costs for this project, will be reimbursed once all parties have signed this Agreement and Metro has been presented with the appropriate invoice and documentation. C. Scope of Work Grantee shall provide all services and materials specified in the attached "Exhibit A—Scope of Work,"which is incorporated into this Agreement by this reference as if set forth in full. Grantee in accordance with the Scope of Work shall provide all services and materials, in a competent and professional manner. To the extent that the Scope of Work contains additional Agreement provisions or waives any provision in the body of this Agreement, the Scope of Work shall control. Revised March 2013 1 of 49 Form 5011-A VMetro 600 NE Grand Avenue Grant Agreement Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 D. Compensation The total Agreement amount is ONE HUNDRED SIXTY SEVEN ONE HUNDRED SIXTY EIGHT AND NO/100"s DOLLARS ($167,168.00). This amount includes(1) FTA GRANT funds to be dispersed to Grantee not to exceed ONE HUNDRED FIFTY THOUSAND AND NO/100th's DOLLARS($150,000.0?1; (2) Grantee's non federal local match of SEVENTEEN THOUSAND ONE HUNDRED SIXTY EIGHT AND NO/100�'s DOLLARS ($17,168.00). E. Payment 1. All invoice payments are conditional upon Metro's Project Manager approval of the Quarterly Progress Reports. Grantee shall present cost reports, reimbursement requests and progress reports to Metro's RTO Project Manager on a quarterly basis. 2. Qualified costs are direct project costs, incurred by the Grantee and personal services contractor(s) during the term of this Agreement that are eligible for federal funds. Metro shall reimburse Grantee for qualified costs for work described in Exhibit A, in accordance with: • Uniform Guidance—Super Circular 3. Invoices shall display one hundred percent(100%)of the total project costs incurred during the period of the invoice, and identify any required matching amounts, if applicable. If Metro requests documentation, including without limitation copies of receipts for expenditures, timesheets, or system-generated accounting reports documenting the actual expense, Metro must receive the documentation before Metro makes payment. F. Subcontracts 1. Grantee shall not enter into any subcontract for any of the Services required by this Agreement without Metro's prior written consent. Upon approval by Metro of a subcontract, the parties will amend the Agreement to include provisions related to the subcontract. 2. Metro's consent to any subcontract shall not relieve Grantee of any of its duties or obligations under this Agreement. Payment under the terms of this Agreement will be made to the Grantee and subcontractors have no right to payment directly from the Metro. 3. Grantee is solely responsible for paying Grantee's subcontractors and nothing contained herein shall create or be construed to create any contractual relationship between any subcontractor and Metro. G. Records Maintenance—Access 1. Grantee shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles("GAAP"). In addition, Grantee shall maintain any other records pertinent to this Agreement in such a manner as to clearly document Grantee's performance. 2. Grantee acknowledges and agrees that Metro, the FTA, the Comptroller General of the United States and/or their duly authorized representatives shall have access to such fiscal records and other books, documents, timesheets, papers,plans and writings of Grantee that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. 3. Grantee shall retain and keep accessible all such fiscal records, books,documents, timesheets, papers, plans, and writings for a minimum of six(6)years, or such longer period as may be required by applicable law,following final payment and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. 2 of 49 Revised March 2013 Form 5011-A VMetro 600 NE Grand Avenue Grant Agreement Portland, 97232-2736 503-797-17070 0 Metro Grant 933346 H. Indemnity Grantee is an independent contractor and assumes full responsibility for the performance of the Scope of Work and the content of its work and performance. Grantee agrees to indemnify and defend Metro and hold Metro, its agents, employees and elected officials harmless from any and all claims, demands, damages, actions, losses, and expenses, including attorney's fees at trial and on appeal, arising out of or in any way connected with its performance of this Agreement. I. Termination Metro may terminate this Agreement after providing Grantee seven (7)days'written notice. In the event of termination, Grantee shall be entitled to payment for qualified costs incurred before the date of termination. Metro shall not be liable for indirect or consequential damages. Termination by Metro shall not waive any claim or remedies it may have against Grantee. J. Insurance 1. Grantee shall purchase and maintain at Grantee's expense, the following types of insurance,covering Grantee, its employees, and agents: a) The most recently approved ISO(Insurance Services Office)Commercial General Liability policy, or its equivalent,written on an occurrence basis, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 aggregate. The policy will include coverage for bodily injury, property damage, personal injury, contractual liability, premises and products/completed operations. Grantee's coverage will be primary as respects Metro. b) Automobile insurance with coverage for bodily injury and property damage and with limits not less than minimum of$1,000,000.00 per occurrence. C) Workers' Compensation insurance meeting Oregon statutory requirements including Employer's Liability with limits not less than $500,000.00 per accident or disease. 2. Metro, its elected officials, departments, employees, and agents shall be named as ADDITIONAL INSUREDS on Commercial General Liability and Automobile policies. 3. Grantee shall provide to Metro thirty(30)days'written notice of any material change or policy cancellation, 4. Grantee shall provide Metro with a Certificate of Insurance complying with this article upon return of the Grantee's signed Agreement to Metro. The Certificate of Insurance shall identify the Metro Grant number(933346). K. Right to Withhold Payments Metro shall have the right to withhold from payments due Grantee such sums as necessary, in Metro's sole opinion,to protect Metro against any loss,damage or claim which may result from Grantee's performance or failure to perform under this Agreement or the failure of Grantee to make proper payment to any suppliers or subcontractors. 3 of 49 Revised March 2013 Form 5011-A VMetro 600 NE Grand Avenue Grant Agreement Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 L. Federal,State,and Local Law Compliance 1. Grantee shall comply with the public contracting provisions of ORS chapters 279A,279B and 279C and the recycling provisions of ORS 27913.025 to the extent those provisions apply to this Agreement. All such provisions required to be included in this Agreement are incorporated herein by reference. Grantee shall comply with all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations. 2. This Agreement is subject to a financial assistance agreement between Metro and the Federal Transit Administration (FTA). Grantee shall comply with all applicable federal laws, regulations, executive orders, rules, policies, procedures and directives, whether or not expressly set forth in this Agreement, including but not limited to the following,which are incorporated into and made a part hereof: • the terms and conditions applicable to a"recipient'set forth in the October 1,2014 FTA Master Agreement[FTA MA 21]or most recent between Metro and the FTA • FTA Circular 5010.1 D,Grant Management Requirements • FTA Circular 4220.1 F, 3`d Party Procurement Requirements • Uniform Guidance—Super Circular 3. Grantee also shall comply with federal, state,and local laws,statutes, and ordinances relative to, but is not limited to, non-discrimination, safety and health, environmental protection,waste reduction and recycling,fire protection, permits,fees and similar subjects. M. Discrimination Prohibited No recipient or proposed recipient of any services or other assistance under the provisions of this Agreement or any program related to this Agreement may be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the funds made available through this Agreement on the grounds of race, color, or national origin, 42 U.S.C. §2000d(Title VI), or on the grounds of religion, sex, ancestry, age, or disability as that term is defined in the Americans with Disabilities Act. For purposes of this section, "program or activity" is defined as any function conducted by an identifiable administrative unit of the Grantee receiving funds pursuant to this Agreement. N. Ownership of Documents and Credit to Metro 1. All documents of any nature including, but not limited to, reports, drawings,works of art and photographs, produced by Grantee pursuant to this Agreement are the property of Metro, and it is agreed by the parties that such documents are works made for hire. Grantee hereby conveys, transfers, and grants to Metro all rights of reproduction and the copyright to all such documents. 2. Grantee shall ensure that all communications tools related to work performed under this Agreement including without limitation brochures and advertisements, include language found in Exhibit B—"Partnership Requirements"which is attached hereto and by this reference made a part of this Agreement as if set forth in full. O. Project Information Grantee shall share all project information and fully cooperate with Metro, informing Metro of all aspects of the project including actual or potential problems or defects. Grantee shall abstain from releasing any information or project news without the prior and specific written approval of Metro. 4 of 49 Revised March 2013 Form 5011-A 0 Metro ue Grant Agreement Por NE Grand -2 Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 P. Independent Contractor Status 1. Grantee shall bean independent Contractor for all purposes and shall be entitled only to the compensation provided for in this Agreement. Under no circumstances shall Grantee be considered an employee of Metro. 2. Grantee shall provide all tools or equipment necessary to carry out this Agreement,and shall exercise complete control in achieving the results specified in the Scope of Work. 3. Grantee is solely responsible for its performance under this Agreement and the quality of its work;for obtaining and maintaining all licenses and certifications necessary to carry out this Agreement;for payment of any fees, taxes, royalties, or other expenses necessary to complete the work except as otherwise specified in the Scope of Work;and for meeting all other requirements of law in carrying out this Agreement. 4. Grantee shall identify and certify tax status and identification number through execution of IRS form W-9 prior to submitting any request for payment to Metro. Q. Assignment Grantee may not assign or transfer this Agreement without written permission from Metro. R. Choice of Law The situs of this Agreement is Portland, Oregon. Any litigation over this Agreement shall be governed by the laws of the State of Oregon and shall be conducted in the Circuit Court of the State of Oregon for Multnomah County, or, if jurisdiction is proper, in the U.S. District Court for the District of Oregon. S. No Waiver of Claims The failure to enforce any provision of this Agreement shall not constitute a waiver by Metro of that or any other provision. T. Modification Notwithstanding and succeeding any and all prior agreements or practices, this Agreement constitutes the entire Agreement between the parties, and may only be expressly modified in writing,signed by both parties. U. Severability If any clause, sentence or any other portion of the terms and conditions of this Grant Agreement becomes illegal, null or void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law. V. No Special or Consequential Damages Grantee expressly waives any claims against Metro regarding the Scope of Work under this Agreement. Metro's liability under this Agreement shall be limited to payment of the Grant Funds, to the extent that Grantee has fully and completely complied with all terms and conditions of this Agreement. In no event shall Metro be liable for and the Grantee specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused,whether or not arising from Metro's sole,joint or concurrent negligence. 5 of 49 Revised March 2013 Form 5011-A VMetro 600 NE Grand Avenue Grant Agreement Portland, 97232-2736 503-797-17070 0 Metro Grant 933346 GRANTEE, BY EXECUTION OF THIS AGREEMENT TO AGREE, HEREBY ACKNOWLEDGES THAT GRANTEE HAS READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. City of Tigard Metro By: By: Printed: Printed: Title: Title: Date: Date: DUNS#: Federal ID (EIN)#: Grantee Congressional District: Grantee Geographic location: Name of Title VI Officer: Fiscal Year: Percentage of annual revenue(previous FY)from all federal sources: Accounting software: Provide: Copy of most recent A-133 audit 6 of 49 Revised March 2013 Form 5011-A Metro 600 NE Grand Avenue Exhibit A — Scope of Work 50 -797-OR 972322736 503-797-1700 Metro Grant 933346 Part 1. Scope of Work Project Description This project will fund a full-time Safe Routes to School(SRTS)Coordinator position in the City of Tigard for fiscal years 2016 and 2017. The Coordinator will be the hub of Citywide and Tigard-Tualatin School District(TTSD)efforts to promote walking and bicycling for school and other trips. By working directly with individual schools, Tigard SRTS will reinforce the City's commitment to being "The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives". The program will also be a model to other cities in the Portland Metro region, demonstrating how a citywide program offers in-depth and personalized encouragement and outreach that can effectively shift travel behaviors. Background Between 1969 and 2004, the percentage of school-age children who walked or biked to school dropped from roughly 50 to 15%, nationally. Similarly, the proportion of Tigard residents commuting by foot has decreased 29% in recent years. This program addresses this issue and ties into citywide efforts to promote walking and bicycling as viable modes of transportation in Tigard. Such improvements will have a far-reaching impact, as 85%of the City of Tigard is within a half- mile of a school. By focusing on students'travel,the program will reach families throughout Tigard and help establish transportation habits from an early age. SRTS programs have proven effectiveness in shifting school trips to walking and bicycling. Tigard is not unusual in having schools near arterials and collectors that are difficult to cross, and local streets around schools with inadequate sidewalks, signage, pedestrian and bicycle safety devices, or bike parking. Currently, access to schools in Tigard does not fit with the City's strategic vision. Initiating a SRTS program at four schools acknowledges the work that needs to be done, and a commitment to do it. The City has made significant investments in order to realize its vision and will continue to prioritize infrastructure that improves safety and access for people on foot and on bikes. The City of Tigard will build on this momentum and has committed to realigning its Capital Improvement Plan (CIP)to support safe walking and bicycling routes to schools. Several other departments and organizations within Tigard are currently hosting events and conducting outreach around walking and bicycling. This year, City has begun working with elementary middle schools in the TTSD to reestablish walking and biking to school as a way of life in Tigard. City staff are currently working with TTSD, school staff, parents, and police to develop Action Plans and encourage Parent-Student Organizations(PSOs)to support SRTS activities such as Walk &Roll to School Day and Walking School Buses. The City is currently working with three schools during the 2014-15 school year: Templeton Elementary: A walk audit was held on November 20, 2014 to observe conditions at Templeton as part of the Action Plan development process.The PSO was actively involved in the audit, and some parents have started an informal Walking School Bus program with students in their neighborhood. Metzger Elementary: In September 2014,the City partnered with neighbors, staff, and volunteers on a new bike and pedestrian path connecting Metzger Elementary School and the Learning Tree Child Care Center. The school hosted International Walk&Roll to School Day in October 2014 and the PE teacher has shown interest in providing bicycle safety education to students. Revised May 2013 OMA/MB 7 of 49 `1 Metro Exhibit A — Scope of Work 600NE Grand and,OR97232-e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Deer Creek:While outside the City limits, Deer Creek Elementary has many students from Tigard. School staff are working with Washington County SRTS, City of Tigard, and TTSD to plan a walk audit and identify safety improvements. In addition, staff have been meeting with principals and PSOs at Durham Elementary, Alberta Ryder, and Twality Middle School. Staff attended and spoke with parents at back to school nights, but lacked outreach materials and resources to engage parents around discussions of transportation options. Staff have also met with TTSD, Tigard Public Library, Tigard Bicycle/Pedestrian Subcommittee, Washington County SRTS, and Washington County Bicycle Transportation Coalition, Bicycle Transportation Alliance, and SRTS National Partnership staff to discuss their support of education efforts and the RTO grant. This project will expand the reach by enabling staff to develop and implement Action Plans at all schools in Tigard, as well as establishing avenues for coordination such as a SRTS Task Force and a formal SRTS Champion program that will continue the program in the future. Project Goals/Expected Outcomes The Tigard SRTS Program will hire a SRTS Coordinator in the City of Tigard for fiscal years 2016 and 2017 to establish SRTS education, encouragement, and outreach programs at the nine City of Tigard Tigard-Tualatin School District (TTSD)schools. The specific targeted outcomes of this project include: • Reduce the number of driving trips to schools in the City of Tigard, while improving safety for students and their families. • Educate students and their parents about the benefits of walking and bicycling as well as how to walk and bicycle safely. • Improve traffic safety and circulation by working with the City of Tigard, TTSD, and school stakeholders to develop school action plans and amend capital improvement plans. • Identify SRTS Champions at all schools, to help build the program and sustain activities after the grant has expired. These outcomes will be achieved by coordination with partners at Washington County, TTSD, the City of Tualatin, the SRTS National Partnership and the schools themselves. Promote Walking and Bicycling Encouragement and outreach activities will promote active transportation modes to families in Tigard by educating them on the best route and by overcoming safety concerns. Events such as International Walk& Roll to School Day and activities like Walking School Buses enable students to walk or bike to school with a group, alleviating parents' concerns. Parents'traffic safety concerns deter 40% of students from walking or biking to school in the US, but traffic control measures and safe crossings alleviate these concerns.' Improvements identified through the walk audits will be prioritized for the City's CIP to provide the infrastructure for safe walking and bicycling routes to school. Educate Families about Safe Walking and Bicycling The primary role of the new SRTS Coordinator will be to create an outreach strategy, convene a Task Force, and coordinate with parent and school SRTS Champions to coordinate and implement SRTS activities throughout Tigard. The Coordinator will work with outside groups, such as the Washington County Bicycle transportation Commission, Washington County SRTS group, Bicycle Transportation Alliance,and the SRTS National Partnership to work together on regional issues, maintain best practices locally, and share local successes. Revised May 2013 OMA/MB 8 of 49 A\l% Metro Exhibit A — Scope of Work 600and,OR97232-NE Grand e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Improve Traffic Safety and Circulation The program will formalize and support existing City efforts towards improving walkability in Tigard, enabling City staff to complete Action Plans for all schools in the Tigard-Tualatin School District(TTSD)and begin implementation. It will also fund educational programming that will teach students how to walk and bicycle safely, reducing injuries and encouraging parents to allow their children to walk and bicycle to school. Build a Sustainable Program This program lays out the groundwork for an ongoing partnership between the City and TTSD, establishing priorities and avenues for coordination that will continue after grant funding expires. In particular, the monthly Task Force will serve as a regular avenue for local and regional coordination between education/encouragement, engineering, enforcement, and evaluation implementers. In addition, the SRTS Champion program lays out strategies for identifying, maintaining, and replacing parent volunteers as they naturally transition. Finally, the walk audits at all schools, completed through the grant, will identify and prioritize infrastructure improvements. The list of priority improvements will inform the City's CIP, and will institutionalize safety improvements. Evaluation Plan A robust evaluation is planned for the Tigard SRTS Program, to demonstrate the program impacts and benefits to community members as well as other jurisdictions that may be interested in developing SRTS programs locally. Data collection will follow approved NC-SRTS methodologies and will include: Hand tallies at all schools each fall and spring to provide the most reliable and accurate student commute mode split information. Parent surveys in fall 2015 and again in spring 2017 to compare before and after perceptions of the benefits of active transportation and barriers to walking and bicycling. Student and parent participation in SRTS activities and events, to indicate the number of people reached by the program and number of events offered. Surveys or evaluation forms will be used to solicit success stories or other feedback, which can be used to gauge interest and perceptions about the program. The data will be combined into a report that will track program progress toward goals. Results will be presented for the overall program as well as highlights at each school. The report will be a resource for educating the public about the benefits of SRTS in Tigard and how the community as a whole profits from the programming. The evaluation will also identify which activities and events are popular and which may need to be improved or changed. This will help program staff refine education and encouragement efforts to better serve the community. Project Staff The primary project team members are summarized below. For key project team members, the table shows the percent of time that they will work on this project. To reflect the varying activities over the course of the project, this is indicated as a range or at the level during the individual's primary involvement. The grant will enable the hiring of a full-time SRTS Coordinator, who will be the conduit of information between City staff, school staff, parents, teachers, and others. In addition to the primary project staff, the project manager will enlist the support of other staff members who have relevant expertise, experience, or responsibilities. The total hours that these individuals will dedicate to the project are marginal. However, their expertise will inform various phases of the project, such as holding walk audits, identifying infrastructure improvements, developing graphics and the project website, and reaching out to county and regional staff. Their assistance will ensure coordination between existing trail or street projects and maintenance to benefit SRTS efforts. Revised May 2013 OMA/MB 9 of 49 VMetro Exhibit A — Scope of Work 600and,OR97232-NE Grand e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Table 1. City Project Team Years of % of Staff Name,Title L:;�;ct Role Experience Time Primary Staff Kenny Asher, Community Development Program Director 20 7% Director TBD SRTS Coordinator TBD 100 Secondary Staff Buff Brown, Senior Transportation Planner School Action Planner 10% Cheryl Caines, Associate Planner School Action Planner 9 3% John Floyd, Associate Planner School Action Planner 10 3% Gary Pagenstecher, Associate Planner School Action Planner 16 3% Meghan Vehrey, Graphic Designer Graphic Designer 4% Amber Bell, Library Library Coordination 1% Rudy Owens, Communications Strategist SRTS Communications 8 4% Nancy Lof, Web Services Coordinator SRTS Web Coordinator 6 3% [Tim Lehrbach, Permit Center Specialist School Action Planning 3 4% Note: The City shall notify Metro in writing of any staffing changes) within ten (10) business days of such change. Agreement to any changes in staff working on grant programming shall be approved by Metro. Metro shag notify the City in writing of acceptance of staff changes. Major Project Tasks Task 1. Project Management 1.1 Hire SRTS Coordinator The City will use Attachment A. Job Posting to solicit applications for the Tigard SRTS Coordinator position. The Posting will be publicized throughout the community and regional networks, such as through the SRTS-National Partnership newsletter to maximize exposure. Deliverables • SRTS Coordinator hired, by July 31, 2015 1.2 Stakeholder Outreach Plan The SRTS Coordinator will develop an Outreach Plan to identify stakeholders and outreach methods. This will include a strategy for convening the SRTS Task Force(see Task 1.3). The Coordinator will list existing groups or organizations that may support the Tigard SRTS efforts, such as TTSD, the Tigard Public Library, the Tigard Bicycle/Pedestrian Subcommittee, local bicycle shops or major employers, and other community groups such as business associations. The Coordinator will consider methods of informing parents and community members about the SRTS program activities and events. The Outreach Plan will include a schedule of activities throughout the Grant period and identify deadlines for key events, such as back-to-school, International Walk&Roll to School Day, Family Bike Festival, and a spring event. Deliverables • Outreach Plan, by September 30, 2015 Revised May 2013 OMA/MB 10 of 49 VMetro 600 NE Grand Avenue Exhibit A — Scope of Work Portland, 70 97232-2736 503-797-1700 Metro Grant 933346 1.3 SRTS Task Force The SRTS Coordinator will identify project participants, including City of Tigard, City of Tualatin, TTSD,Washington County, SRTS-National Partnership, and school staff, parents, teachers, and other stakeholders who may be interested in participating. Staff will conduct direct outreach to stakeholders and current community volunteers to establish the Tigard SRTS Task Force, as well as working with individual schools to identify and retain parent and teacher volunteer School Champions. During Year 1, the Task Force will be charged with developing a shared vision, goals, and objectives for the program, and identifying community resources and capacity that can be leveraged in support of this program. During Year 2 of the program, the Task Force will identify major activities and commitments within a 1-5 year time frame.Throughout both years, the Task Force will be asked to review and comment on major strategic questions and products. Deliverables • SRTS Task Force roster, by October 31, 2015 • SRTS Task Force meeting agendas and minutes, ongoing 1.4 Promotional Materials The SRTS Coordinator will work with City staff to develop a unique'brand'that reflects the City of Tigard's commitment to the program. The visual materials will reflect the program goals and objectives, tying the SRTS program to broader City initiatives and strategies and reaching beyond the SRTS safety messaging. For example, Tigard's recently adopted long- term strategic plan vision to become "The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives"will serve to support and enhance SRTS messaging. The brand and consistent graphic design will formalize and legitimize the program. After the brand is developed, the SRTS Coordinator will create a brochure and regular newsletters that publicize the program at schools and educate the public about the benefits of SRTS programs. These may list suggestions for safe walking, bicycling, and driving with students, as well as resources for parents who may be interested in volunteering. Sample informational brochures include: ODOT's Back to School Information, Portland SRTS brochure, and Pico Rivera SRTS. Newsletter samples include: Portland SRTS newsletter and Alameda County SRTS newsletters. An informational handout has been developed for this grant, and is provided as Attachment B. The City will set up a SRTS page on its website,which will highlight the SRTS brochure and upcoming events. The page will include information about ongoing activities, opportunities to volunteer, tips for safe walking, bicycling, and driving, and school action plans and maps as they are completed. Sample websites for SRTS programs include: Eugene's SRTS, Portland SRTS, Alameda County SRTS, Marin County SRTS, Safe Routes Philly, and Elmhurst District 205 SRTS. Deliverables • Draft and final Tigard Safe Routes to School Program visuals, by August 31, 2015 • Printed program material guidelines and messaging, including appropriate colors and typestyles, that coordinate with existing City of Tigard branding), by August 31, 2015 • Tigard SRTS web page, by August 31, 2015 Revised May 2013 OMA/MB 11 of 49 0 Metro 600 NE Grand Avenue Exhibit A — Scope of Work Portland,OR 70972322736 503-797-1700 Metro Grant 933346 Task 2. Student Education & Encouragement In addition to specific education and encouragement activities listed below, the SRTS Coordinator will encourage classroom teachers to integrate active transportation promotion into other lessons. For example, the hand tally could be implemented as part of a math class, or students in a science class could calculate their emissions from getting to school to understand the impact of their transportation decisions. The National Highway Traffic Safety Administration (NHTSA) has ideas for SRTS classroom activities. More resources are available from ECO2school, Streets education, and the Alameda County SRTS's Educator's Guide. Task 2.1 Citywide Walk& Roll to School Day Kicking off the school year with a citywide coordinated event will help launch the program and generate excitement at new schools. An event bringing in the new year will also energize students at the four schools already engaged with SRTS. International Walk and Roll to School Day, held the first Wednesday in October, will be a catalyst for SRTS activities. The SRTS Coordinator will work with the Task Force to identify volunteers, plan events, coordinate distribution of resources, and solicit media attention to publicize the Walk& Roll to School Day. The City will issue a press release and help coordinate media attention at Walk& Roll to School Days throughout Tigard. The City will make use of multiple Walk& Roll to School Day resources publically available, including International Walk Bike to School, ODOT's Monthly Walk Bike Incentives, and Portland's Walk and Bike Challenge Month. Deliverables • Walk& Roll to School Day coordination, October 2015 and 2016 • Walk& Roll to School Day packet of materials for volunteers, by September 30, 2015 Task 2.2 Student Incentives Programs The SRTS Coordinator will work with the Task Force and SRTS Champions to develop a toolkit of incentive campaigns that will be offered at all schools, allowing flexibility for each school. The SRTS Coordinator will assemble a toolkit of resources for SRTS Champions, potentially including: • Timeline of responsibilities and deadlines • Sample outreach text copy for school newsletters and PA announcement • Fliers, posters, or banners announcing the event • Suggestions for spreading the word, such as through a meet&green table • Volunteer sign-up sheets • Incentive give-aways • Suggestions for activities to enhance the event In addition to the major events days, schools will be encouraged to select a day each week or an entire week or month for additional Walk& Roll events, such as Walk and Roll Wednesdays, or Bike and Walk Fridays, Walktober, Bike Month, etc. Encouragement programs will make use of readily-available resources, such as the Monthly Walk and Bike Themes available from the Oregon SRTS website, as well as the May Walk +Bike Challenge, Fire Up Your Feet, and Marin SRTS's Walk & Roll Guidebook. Recognizing that SRTS efforts are more effective when schools and volunteers have the flexibility to implement activities and events particularly interesting to them, the SRTS Coordinator will support volunteers in developing and establishing a range of programs. The Coordinator will also work with Twality and Fowler Middle Schools to identify and modify activities to appeal to middle schools students. For example,while elementary school students may be encouraged to participate with small incentives such as stickers or stamps, middle school students may benefit from larger raffle items, such as sneakers, umbrellas, or bike lights. Finally, the SRTS Coordinator will work with local businesses and the PSOs to solicit incentives to offer participating students and families. Incentives as simple as coffee and muffins can encourage parents to walk to school and visit with other parents, while larger donations can be sponsorship and advertising opportunities for local businesses. The Coordinator will also take advantage of free incentives, such as those available through the Oregon SRTS program. Deliverables • Parent and school volunteer schedule with incentive programs to promote walking and bicycling, ongoing Revised May 2013 OMA/MB 12 of 49 Metro Exhibit A — Scope of Work 600NE Grand and,OR97232-e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Task 2.3 Student Pedestrian Education Pedestrian traffic safety education is an essential component of a SRTS program and builds important skills that enable students to feel natural traveling by foot. The SRTS Coordinator and TTSD PE teachers will become trained through ODOT's free train-the-trainers education, and will provide pedestrian safety education to third grade classrooms using the Oregon SRTS's Neighborhood Navigators curriculum. The coordinator will organize and facilitate the training, and help interested teachers serve all schools in the program. Deliverables • In-class pedestrian education for all third grade students, by November 30, 2015 Task 2.4 Student Bicycle Education Bicycle safety education is particularly beneficial for middle school students, who can travel further than younger students and who may be trusted to get to school on their own. This age group can make decisions about bicycling on low-traffic streets, if they are aware of the proper rules of the road and comfortable riding a bicycle while being aware of their surroundings. The student education component will include in-classroom lessons and on-bicycle'bike rodeos'focused on middle school students. To minimize the logistics for moving the bike fleet and training teachers, Tigard will purchase a 40-bike fleet, a trailer, tools, helmets, and pursue a maintenance contract with a local bike shop to support the education. TTSD has agreed to store the trailer when not being used for training. In the first year of the grant, the City will work with the Bicycle Transportation Alliance(BTA)to train TTSD teachers in their Walk + Bike Youth Education curriculum. The goal will be for all sixth grade students to receive the 10-lesson Safe Routes for Kids curriculum, generally taught in one-hour lessons over the course of 10 consecutive school days or two- hour lessons over the course of 5 consecutive days. Program includes in-class and on-the-bike instruction, a fleet of bikes and helmets, parent release forms, pre and post-tests to evaluate progress, and a graduation ride. PE teachers at those schools will attend and participate in the lessons and become trained to teach the course to the remaining PE classes themselves, and at all classes in following years. In addition, a PE teacher at Metzger Elementary is currently providing bicycle education, but is renting the BTA's fleet, which will no longer be available. The bicycle fleet purchased through the grant will be made available to Metzger and other elementary schools that may want to provide bicycle education or hold bicycle events independent of grant funding. Deliverables • Bike education program for all sixth grade students at Twality and Fowler Middle Schools, by May 31, 2016 sustained by the PE teachers at the schools Task 3. Parent Education & Encouragement Task 3.1 SRTS Champion Program A robust SRTS Champion program will be developed to identify, support, and nurture volunteers at each participating school. Champions will have clear responsibilities and support from the SRTS Coordinator to lead implementation efforts at their school. The program will be designed to foster participation from multiple volunteers and to set up expectations for finding replacement Champions as needed. Sample SRTS Champion materials are available from the Alameda County SRTS Program. Deliverables Materials for the SRTS Champion program, ongoing. Materials may include: o Agreement form between the Champion and the City, outlining roles and expectations o Packet of materials about the Tigard SRTS program, timeline of events, SRTS goals and resources, suggested activities, sample outreach text, and volunteer forms o Training materials to recruit interested parents, teachers, and school staff to kick-off the school year o Recognition program to reward participating SRTS Champions at the end of the school year, such as a barbeque or pizza party with small awards Revised May 2013 OMA/MB 13 of 49 VMetro Exhibit A — Scope of Work 600and,OR97232-NE Grand e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Task 3.2 Parent Education Parent trainings educate parents about the SRTS program, benefits of participating, and how they can get involved. Trainings will provide parents with information they will need to safely walk and bicycle with their children to school and will address common concerns parents may have. The trainings will also highlight specific SRTS activities, such as Walking School Buses and Bike Trains, which can overcome parents'concerns about supervision,traffic safety, and stranger danger. One education presentation will be held at each school each year. More parents can attend educational activities if childcare is provided. A parallel bike skills workshop can be held to that will not only entertain children, but also teach them valuable bicycling skills and rules of the road. Deliverables • Parent Education Trainings(one per school per year; 18 total), ongoing, ideally in the fall • Walking School Bus/Bike Train outreach and encouragement, ongoing Task 3.3 Family Bike Safety Festival An annual Family Bike Safety Festival will serve families at all schools. A free bike rodeo will be provided offer a bicycle safety check, a helmet pledge, skills stations, and an obstacle course. The SRTS Coordinator will solicit incentives and give-aways, such as helmets, and will partner with local bike shops to provide repairs. This event will be a visible way of encouraging families to get their bikes out of storage, and may be modeled on other events, such as the Santa Monica Family Bike Fest. This event should include other groups in the area, such as the Washington County Bicycle Transportation Coalition (BTC),who is offering a bicycle summer camp in Tigard during summer 2015, and the Bicycle Transportation Alliance. Deliverables Annual Family Bike Safety Festival, spring/summer 2016 and 2017 Task 4. Engineering Task 4.1 School Improvement and Action Plans The SRTS Coordinator will organize and lead walk audits and development of school Action Plans at all schools in Tigard, in coordination with City staff. To kick off the Action Plan development, the Coordinator will meet with school staff to identify specific areas of concern or concerning behaviors. Contacts at four schools have already been established to begin work on the Action Plans for each school.A walk audit will be held to observe circulation and drivers',walkers', and bicyclists' behaviors during morning drop-off. School, District, and City staff, as well as the SRTS Coordinator, police, parents, and the school community, will be invited to attend and share their observations. At schools on the border or outside of Tigard, staff will work with Washington County staff to determine improvements on County roads. The County is currently inventorying County roads within a mile of Metzger, Alberta Rider, and Deer Creek Elementary Schools. The City anticipates initiating Action Plans for four schools prior to the grant funding, and will be developing Plans for the remaining six schools as part of the grant-funded efforts. The City will make use of resources for developing Action Plans on the Oregon SRTS Website as well as technical assistance from Washington County staff. Using the information compiled from the Action Plans and community feedback, City staff will develop a map for each school that shows the bicycle and pedestrian facilities and access within a mile or less of the school. The map will show crossing guard locations, crosswalks, traffic signals, sidewalk locations, trails, bike parking, and other facilities. Example suggested route maps include Portland SRTS Recommended Route Map and Pico Rivera CA Suggested Route Map. Deliverables • Conduct walk audits at eight schools, ongoing • Develop Action Plans and School Improvement Plans at eight schools, ongoing • Develop Suggested Route Maps at all schools, by fall 2016 Revised May 2013 OMA/Ml3 14 of 49 Metro 600 NE Grand Avenue Exhibit A — Scope of Work 503-797--797-OR 97232-2736 501700 Metro Grant 933346 Task 4.2 Action Plan Implementation The SRTS Coordinator will work with City staff and the SRTS Task Force to begin implementation of the school Action Plans. Simple and inexpensive recommendations, such as maintaining vegetation to improve visibility, or re-painting, may be possible for the City to prioritize in existing maintenance activities. The SRTS Coordinator will provide technical assistance on sidewalk and trails projects that will benefit school commutes. The Coordinator will support other staff in Community Development and Public Works in evaluation capital improvement projects for their impact on school travel. Other longer-tem improvements may require development as part of a larger planned construction or redevelopment project, which will be coordinated through the Task Force and the Tigard Transportation Advisory Committee. Finally, the SRTS Coordinator may prepare grant applications to fund more expensive improvements that would benefit the community. Deliverables • Prioritized Action Plan recommendations, ongoing • Coordination for implementation of Action Plan, ongoing Task 5. Evaluation The evaluation approach will conform to the National Center for Safe Routes to School guidelines and will include the student hand tallies, parent surveys, and participation tracking previously discussed. Task 5.1 Hand Tallies The SRTS Coordinator will work with teachers at each school to administer the tallies to their classrooms in the fall and spring each year of the program.Tally methodology will follow the National Center for SRTS(NC-SRTS) recommended data collection methods, and tallies will be entered into the Data Center to be used by regional and statewide evaluation efforts.While the NC-SRTS methodology requires tallies from only two classrooms per grade per school, this effort will collect information from as many classrooms as possible. Deliverables • Hand tallies from classrooms at participating schools, fall and spring each year Task 5.2 Parent Surveys To comply with best practices and other evaluation efforts, the Tigard SRTS program will be evaluated using the NC- SRTS parent/guardian surveys and following the approved NC-SRTS data collection methodology. A superior Spanish language parent/guardian survey has been developed as part of Washington County's SRTS program,which can be used by Tigard. Parent surveys will be administered in fall 2015 and again in spring 2017 to compare before and after perceptions of the benefits of active transportation and barriers to walking and bicycling. Deliverables • Parent surveys from participating schools,fall 2015 and spring 2017 Revised May 2013 OMA/MB 15 of 49 Metro 600 NE Grand Avenue Exhibit A — Scope of Work Portland, 70 97232-2736 503-797-1700 Metro Grant 933346 Task 5.3 Participation Tracking Because mode shift is a long-term goal that may take years to realize, the program will also track student and parent participation in SRTS activities and events,to assess the number of people reached by the program and number of events offered. Surveys or evaluation forms will be used to solicit success stories or other feedback,which can be used to gauge interest in and perceptions about the program. The City will set up a shared GoogleDoc or other simple online spreadsheet to easily track events and activities. Parent Champions and others involved with implementing SRTS activities will be trained to update information as applicable. Deliverables • Shared spreadsheet of program activities at schools, ongoing Task 5.4 Evaluation Report The SRTS Coordinator will work with the City to produce a summary report each year that displays evaluation results in a visual and graphical format to promote the program within the community. The aforementioned data collection will be combined into a report that will track program progress toward goals. Results will be presented for the overall program as well as highlights at each school. The report will be a resource for educating the public about the benefits of SRTS in Tigard and how the community as a whole profits from the programming. The SRTS Coordinators, along with City, school, and District staff, will be invited to review and provide insights and feedback on the draft report. Deliverables • Year 1 Interim Evaluation Summary, summer 2016 • Year 2 Final Evaluation Summary, summer 2017 Project Timeline& Budget The project will encompass the 2015-16 and 2016-17 school years, with programming focused on bringing all nine schools into the project using a phased approach: • Phase I (began 2014-15 school year): Metzger Elementary, Templeton Elementary, Deer Creek Elementary • Phase II (will begin 2015-16 school year): Durham Elementary, Woodward Elementary, Fowler Middle School, Twality Middle School • Phase III (will begin 2016-17 school year):Alberta Rider Elementary, Tigard Elementary The tables of the Project—Timeline, Project Costs, Matching Funds, and Summary of request represent the entire project to be executed by the City of Tigard. Metro is funding a portion of the total project. The City of Tigard anticipates this entire project will cost$274,285.00 however, the amount Metro will fund for this project is: (1) FTA GRANT funds to be dispersed to Grantee not to exceed ONE HUNDRED FIFTY THOUSAND AND NO/100eh's DOLLARS ($150,000.00) The amount the Grantee is required to spend to match Metro's grant: (2) Grantee's non federal local match (10.27%)of SEVENTEEN THOUSAND ONE HUNDRED SIXTY EIGHT AND NO/1001h's DOLLARS ($17,168.00). The remainder of the anticipated project budget is the responsibility of the City of Tigard. Revised May 2013 OMA/MB 16 of 49 Metro 600 NE Grand Avenue Exhibit A — Scope of Work Portland, 70 97232-2736 503-797-1700 Metro Grant 933346 The estimated timeline per task is summarized in Table 2. Table 2. Pro'ect Timeline Metro Task Task Description Schedule Grant Match Total 1 Program Management Months 1-24 $126,780 $77,466 $204,246 Months 2-24 Student Education & - Phase I & II begins Summer 2015 2 Encouragement -Phase III begins Summer 2016 $21,620 $11,952 $33,572 Months 2-24 Parent Education & -Phase I began Fall 2014 Encouragement -Phase II begins Summer 2015 3 -Phase III begins Summer 2016 $1,400 $16,645 $18.045 Months 2-24 -Phase I began Fall 2014 -Phase II begins Summer 2015 4 Engineering -Phase III begins Summer 2016 $200 $9,675 $9,875 Months 2-24 -Phase I began Fall 2014 -Phase II begins Summer 2015 5 Evaluation -Phase III begins Summer 2016 $0 $8,297 $8,297 Totals $150,000 $124,035 $274,035 Note: Metro acknowledges the schedule of the project timeline and budget is an approximation used for initial planning and budgeting purposes. Any significant changes to the above schedule must be made in writing and approved in writing by the Metro project manager. Revised May 2013 OMA/MB 17 of 49 Metro Avenue Exhibit A — Scope of Work 600Nnd,OR 7232-2 Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Table 3. Project Costs Estimated materials/ Task Estimated staff costs supplies costs Total project cost Task#1 Program Management $201,506 $2,740 $204,246 Task#2 Student Education & Encouragement $10,952 $22,620 $33,572 Task#3 Parent Education &Encouragement $16,045 $2,000 $18,045 Task#4 Engineering $9,525 $350 $9,875 Task#5 Evaluation $7,767 $530 $8,297 Total project cost $274,035 Table 4. Matching Funds Total matching Task Type of match funds Match source#1: MSTIP Opportunity Fund Cash $41,000 Match source#2: City of Tigard In-Kind $83,035 Total matching funds $124,285 Table 5. Summary of Re uest Requested grant Grant request Total project cost Total matching funds amount $108,750 $274,035 $124,035 $150,000 Pct.of RTO grant funds (must be 89.73%or LESS) 54.74% Revised May 2013 OMA/MB 18 of 49 VMetro Exhibit A — Scope of Work 600NE Grand and,OR97232-e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Table 6. Detailed Budget Note: Metro acknowledges the schedule of the project timeline and schedule of the budget is an approximation used for initial planning and budgeting purposes. Any significant changes to the schedule must be made in writing and approved in writing by the Metro project manager. Staff Expenses Staff Expenses Total Cost Notes Task 1. Program Management 1.1 Hire SRTS $23/hour FTE, 0.75% over-head Coordinator $126,440 $0 $41,000 $0 $167,440 (PTO, admin, and benefits), two years 1.2 Stakeholder Outreach Plan $0 $0 $0 $0 $0 Coordinator staff time 1.3 SRTS Task Force $0 $150 $23,262 $400 $23,812 Staff time,food for meetings 1.4 Promotional Materials $0 $190 $10,804 $2,000 $12,994 Printing &staff time Task 2. Student Education& Encouragement 2.1 Citywide Walk& Roll to School Day* $0 $1,000 $4,000 $300 $5,300 Incentives, printing 2.2 Student Incentives Programs $0 $1,000 $6,952 $500 $8,452 Printing &staff time 2.3 Student Pedestrian Education* $0 $200 $0 $200 $400 Printing &staff time Revised May 2013 OMA/MB 19 of 49 VMetro 600 NE Grand Avenue Exhibit A — Scope of Work Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Staff Expenses Staff Expenses Total Cost Notes 2.4 Student Bicycle Education Bike fleet $0 $10,000 $0 $0 $10,000 40 bicycles Trailer $0 $7,000 $0 $0 $7,000 Helmets $0 $1,620 $0 $0 $1,620 180 helmets Tools $0 $300 $0 $0 $300 BTA bike safety Jump Start or training with Portland education $0 $0 $0 $0 $0 teachers Maintenance $0 $500 $0 $0 $500 Task 3. Parent Education & Encouragement 3.1 SRTS Champion Staff time, printing materials for Program $0 $400 $5,000 $200 $5,600 champions, food for meetings 3.2 Parent Education" $0 $0 $4,000 $400 $4,400 Printing &staff time 3.3 Family Bike Helmets for give-away, other Festival' $0 $1,000 $7,045 $0 $8,045 materials Task 4. Engineering 4.1 School Improvement& Action Plans $0 $200 $3,000 $150 $3,350 Staff assistance,food budget 4.2 Action Plan Implementation $0 $0 $6,525 $0 $6,525 Staff time Task 5. Evaluation 5.1 Hand Tallies" $0 $0 $2,000 $130 $2,130 Printing for all schools 5.2 Parent Surveys $0 $0 $2,000 $200 $2,200 Online primarily, minimal printing 5.3 Participation Tracking $0 $0 $0 $0 $0 Staff time 5.4 Evaluation Report $0 $0 $3,767 $200 $3,967 Graphic design, printing Subtotal $126,440 $23,560 $119,355 $4,680 $274,035 "Annual event Revised May 2013 OMA/MB 20 of 49 VMetro 600 NE Grand Avenue Exhibit A — Scope of Work Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Grantee's invoices shall include: • Metro Grant number(933346) • Grantee name • remittance address • invoice date • invoice number • invoice amount • Local Match amount • itemized statement of work performed and expenses incurred during the invoice period • Required to be submitted quarterly Grantee's invoice shall be sent to: Metro Daniel Kaempff—Project Manager 600 N.E. Grand Avenue Portland, Oregon 97232-2736 Or: daniel.kaempff(a)oregonmetro.gov The Metro Grant number(933346) shall be referenced in the email subject line. Pursuant to Metro's fiscal year end, Grantee's invoices for services through June 30 of each year of the grant period shall be submitted to Metro no later than July 15. Payment shall be made by Metro on a Net(thirty) 30 day basis upon approval of Grantee's invoice. Revised May 2013 OMA/MB 21 of 49 Metro Exhibit B — Partnership Requirements 600NE Grand and,OR97232-e Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 Partnership Requirements The purpose of the following partnership requirements are for Regional Travel Options(RTO)partners to gain productivity and reduce expense by using tools developed through regional collaborative efforts. Partnership will multiply the benefits of the RTO grant by applying current strategies and brands while incorporating past lessons learned. Partnership will save public dollars by avoiding paying for the same thing twice. Grantee will engage in a partnership with Metro, RTO staff and other RTO program partners. Partnership requirements apply to anything included in the Grant Agreement or made possible by the Grant Agreement. Exceptions to the following requirements can be requested by writing to RTO staff and must receive confirmation in writing by RTO staff. Applying Strategies and Collaborating with RTO Partners Grantee will: • Review 2012-2017 RTO Strategic Plan • Review RTO Marketing Strategy and use messages with applicable audiences • Participate in the RTO Collaborative Marketing Group • Because the RTO program and partners have made a major investment over time to encourage employment sites around the region to start and grow their travel options programs and benefits to employees: o Coordination of employer outreach efforts is required between TriMet,Wilsonville SMART, TMAs or other employer outreach partners affected by this project scope or located in the project geographic area. Coordination includes clear, frequent and timely communication between partners with the goal of providing effective consulting for employers on how to grow their travel options programs. Examples of efficiencies that come from coordination include shared use of existing tools, campaigns and survey support. Employer outreach coordination efforts will be discussed at various Collaborative Marketing Group meetings Tools Grantee will use existing tools and resources: • For promotional photo needs, browse the existing collection of RTO photos (currently located on Flickr)to see if any work for this project. Refer to each photo's guidance for determining who to credit. RTO will provide login and access to the photo website. Project photos that have potential value to partners should be shared by uploading them to the photo website • For rideshare promotion, highlight Drive Less Connect. Contact RTO staff to set up a network and for other assistance. A Spanish version of the Drive Less Connect tool can be accessed by clicking on"Spanish" in the top, left corner of the screen • For promotions or competitions that ask participants to log their trips, use Drive Less Connect, unless it is for the September Bicycle Transportation Alliance Bike Commute Challenge. RTO can provide training for using the Drive Less Connect tool upon request Revised May 2013 OMA/MB 22 of 49 Metro 600 NE Grand Avenue Exhibit B — Partnership Requirements Portland,OR 97232-2736 503-797-1700 Metro Grant 933346 • For incentives or rewards offered to participants, contact RTO staff for recent experience (e.g., pricing for items, incentive language and tax forms) • For vanpool formation, contact Daniel.Kaempff(a)oregonmetro.gov to discuss start-up incentives and strategies to build ridership • For personalized bike,walk, transit,or combination trip plans, use the TriMet Map Trip Planner (http://trimet.orq/howtoride/maptripplanner.htm)and highlight the tool. Contact TriMet(Adriana Britton (BrittonA(abtrimet.org)for related language or logos to use while highlighting the tool • For web-based resources needed for biking and walking info, include a link to Metro's Sustainable Living—Getting Around web pages(current URL is http://www.oregonmetro.gov/gettingaround ) Marketing Materials Attribution • All projects shall attribute credit to the Federal Transit Administration and Metro. Print attribution on project materials(such as booklets, brochures, ads, banners, flyers, posters, signage, and web pages) must read: o Made possible with support from Metro and the Federal Transit Administration • If marketing is done with audio only, spoken attribution language must be: o In partnership with Metro, with support by the Federal Transit Administration • All marketing materials created or printed for the purposes of the project, including both printed and web-based information, shall include the Drive Less Save More logotype. Drive Less Save More is the marketing "umbrella"campaign for RTO projects and programs • Include the Metro logo on all marketing and advertising materials, both print and online. Metro will provide partners with Metro logos and usage guidelines. Grantees must seek Metro approval through the grant manager of any materials where the Metro logo is included to ensure proper logo design and placement • If the project designs wayfinding signage, apply The Intertwine design guidelines (http://Iibrary.oregonmetro.gov/files//intertwine regional trail signageguidelines.pdf) Events and Media • Provide Metro with a visual presence at any public events. An example is a Metro banner which can be loaned by Metro(contact Marne.Duke(a)oregonmetro qov)to consider options • Inform RTO grant manager of any event needs 90 days in advance. Examples of needed help from partners may include cross-promotion or recruiting volunteers • Mention support provided by Metro and the Federal Transit Administration in press releases, and social media • For projects that include a ceremony(e.g., ribbon-cutting, unveiling), please contact the RTO grant manager to consider partnership highlights and discuss if a Metro official should attend and speak Revised May 2013 OMA/MB 23 of 49 VMetro 600 NE Grand Avenue Exhibit B — Partnership Requirements Portland,503-797-1OR 70 70972322736 0 Metro Grant 933346 • If a reporter or media outlet inquires about this grant project, please notify the RTO grant manager immediately Measurement and Evaluation • If the project includes conducting a survey(collecting primary data), involve RTO staff in refining the method, design and RFP(if applicable). Provide a report to RTO grant manager at least two weeks before official release • If the project collects background data(secondary sources), refer to Metro sources whenever possible(contact Caleb.WintercDoregonmetro.gov). This is especially important for travel behavior, mode splits and average distances by modes • If the project presents vehicle miles reduced, emissions reduced, gas savings or similar metrics, work with RTO staff to use consistent methods Remainder of page intentionally left blank Revised May 2013 OMA/MB 24 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 The Grantee agrees to comply with all applicable Federal Clauses as outlined in the October 1,2014 FTA Master Agreement[FTA MA 21], or most recent, including, but not limited to, the following: A. Application of Federal, State,and Local Laws, Regulations and Guidance. For purposes of this Master Agreement: (1) Federal requirement. A Federal requirement includes, but is not limited to a: (a) An applicable Federal law, (b) Applicable Federal regulation, (c) Provision of the Recipient's Underlying Agreement, or (d) Provision of this Master Agreement, (2) Federal guidance. Federal guidance includes, but is not limited to: (a) Federal guidance such as a: 1 Presidential Executive Order, 2 Federal order that applies to entities other than the Federal Government, 3 Federal published policy, 4 Federal administrative practice, 5 Federal guideline, 6 Letter signed by an authorized Federal official, and 7 Other applicable Federal guidance as defined at section 1.j of this Master Agreement, or (b) Other Federal publications or documents providing official instructions or advice about a Federal program that: 1 Are not designated as a"Federal Requirement" in section 2.c(1)of this Master Agreement, and 2 Are signed by an authorized Federal official, (3) Compliance. The Recipient understands and agrees that: (a) Federal Requirements. It must comply with all Federal requirements that apply to itself and its Project, (b) Federal Guidance. FTA strongly encourages the Recipient and each of its Third Party Participants to follow Federal guidance as described in the preceding section 2.c(2)of this Master Agreement to ensure satisfactory compliance with Federal requirements, (c) Alternative Actions. It may violate Federal requirements if it: 1 Adopts an alternative course of action not expressly authorized by the Federal Government in writing, and 2 Has not first secured FTA's approval of that alternative in writing, [FTA Master Agreement§2.c(1) (2) (3)J Revised May 2013 OMA/MB 25 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 B. No Federal Government Obligations to Third Parties. Except as the Federal; Government expressly consents in writing, the Recipient agrees that: (1) The Federal Government shall not be subject to any obligations or liabilities related to: (a) The Project, (b) Any Third Party Participant at any tier, or (c) Any other person or entity that is not a party(Recipient or FTA)to the underlying Agreement for the Project, and (2) Notwithstanding that the Federal Government may have concurred in or approved any solicitation or third party agreement at any tier that has affected the Project, the Federal Government shall not have obligation or liability to any: (a) Third Party Participant, or (b) Other entity or person that is not a party(Recipient or FTA)to the Underlying Agreement. (FTA Master Agreement, §2.q C. False or Fraudulent Statements or Claims. (1) Civil Fraud. The Recipient acknowledges and agrees that: (a) Federal law and regulations apply to itself and its Project, including: (1) The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and (2) U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, (b) By executing the Underlying Agreement, the Recipient certifies and affirms the: (1) Truthfulness and accuracy of any (a) Claim, (b) Statement, (c) Submission, (d) Certification, (e) Assurance,or (f) Representation, and (2) For which the Recipient has made, makes, or will make to the Federal Government, and (c) The Recipient acknowledges that the Federal Government may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Recipient: (1) Presents, submits, or makes available any information in connection with any: Revised May 2013 OMA/M13 26 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 (a) Claim (b) Statement (c) Submission (d) Certification (e) Assurance, or (f) Representation, and (2) That information is false,fictitious, or fraudulent, (2) Criminal Fraud. The Recipient acknowledges that 49 U.S.C. § 5323(1)(1), authorizes the Federal Government to impose the penalties authorized by 18 U.S.C. § 1001 if the Recipient: (1) Presents, submits, or makes available any information in connection with any: (a) Claim (b) Statement (c) Submission (d) Certification (e) Assurance, or (f) Representation, and (2) That information is false, fictitious, or fraudulent, (FTA Master Agreement§3.t] D. Procurement. Access to Third Party Contract Records. The Recipient agrees to require, and assures that its Subrecipients will require, its Third Party Contractors at each tier, to provide: (1) The U.S. Secretary of Transportation and the Comptroller General of the United States, the State, or their duly authorized representatives, access to all third party contract records(at any tier) as required by 49 U.S.C. §5325(g), and (2) Sufficient access to all third party contract records(at any tier)as needed for compliance with applicable Federal laws and regulations or to assure proper Project management as determined by FTA. [FTA Master Agreement§17(u)] E. Project Implementation. Changes to Federal Requirements and Guidance. (1) Requirements and Guidance. New Federal Requirements and Guidance may: a. Become effective after the FTA Authorized Official signs the Recipient's Underlying Agreement awarding funds for the Project, and b. Apply to the Recipient or its Project, [FTA Master Agreement, §2.d(1)] Revised May 2013 OMA/MB 27 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 F. Civil Rights. The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Specifically: a. Nondiscrimination—Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1) prohibit discrimination based on: (a) race, (b) color, or (c) national origin (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21 and (c) Federal transit law, specifically 49 U.S.C. §5332, as stated in the previous section 13.a of this Master Agreement,and (3) Except as FTA determines otherwise in writing,follow (a) The most recent edition of FTA Circular 4702.1A, "Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,"to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964, 28 C.F.R. § 50.3, and (c) other applicable Federal guidance that may be issued, c. Egual Employment Opportunity. (1) Federal Requirements and Directives. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. (b) Facilitate compliance with Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in Section 13.a of this Master Agreement, and, (d) Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing. Revised May 2013 OMA/MB 28 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 (2) General. Recipient agrees to (a) Ensure that applicants for employment and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin. (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations. (3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking "construction" as recognized by the U.S. Department of Labor(U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant,with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. chapter 60, and (b) Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note, d. Disadvantaged Business Enterprise. To the extent authorized by Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as "Disadvantaged Business Enterprises"(DBEs), in the Project as follows: (1) Requirements. The Recipient agrees to comply with: (a) Section 1101(b)of MAP-21,23 U.S.C. § 101 note, (b) U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 C.F.R. Part 26 and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in Section 13a. of this Master Agreement, (2) Assurance. As required by 49 C.F.R. §26.13(a), the Recipient provides assurance that: Revised May 2013 OMA/MB 29 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., g. Nondiscrimination of the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, (b) The Americans with Disabilities Act of 1990(ADA), as amended, 42 U.S.C.12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (d) Federal transit law, specifically 49 U.S.C. §5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) The following Federal regulations including: (a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"49 C.F.R. Part 37, (b) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,"49 C.F.R. part 27, (c) U. S. DOT regulations"Transportation for Individuals with Disabilities: Passenger Vessels,"49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board(U.S. ATBCB)and U.S. DOT regulations, "Americans With Disabilities(ADA)Accessibility Specifications for Transportation Vehicles," 36 C.F.R. part 1192 and (e) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R. part 35, Revised May 2013 OMA/MB 30 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 (f) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 C.F.R. part 36, (g) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,"47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. part 1194,and (j) FTA regulations, "Transportation for Elderly and Handicapped Persons,"49 C.F.R. part 609, and (1) Other applicable Federal civil rights and nondiscrimination guidance, [FTA Master Agreement§13(b) (c) (d) (g)] G. Private Enterprise. The Recipient agrees to protect the interests of private enterprise affected by Federal public transportation programs by: a. Participation. Encouraging private enterprise to participate in the planning of public transportation and the programs that provide public transportation, to the extent permitted by (1) 49 U.S.C. § 5306, [FTA Master Agreement§15(a)] H. Right of the Federal Government to Terminate. a. Justification. After providing notice, the Federal Government may suspend, suspend then terminate, or terminate all or any part of the Federal funding awarded for the Project if: (1) The Recipient has violated the Underlying Agreement or this Master Agreement, especially if that violation would endanger substantial performance of the Project, (2) The Recipient has failed to make reasonable progress on the Project, (3) The Federal Government determines that the continuation of the Federal funding for the Project does not adequately serve the purposes of the law authorizing the Project. b. FinanciallmDlications. (1) In general, termination of Federal funding for the Project will not invalidate obligations properly incurred before the termination date to the extent those obligations cannot be canceled, and (2) The Federal Government may: (a) Recover Federal funds it has provided for the Project if it determines that the Recipient has willfully misused Federal funds by: Revised May 2013 OMA/MB 31 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 1 Failing to make adequate progress, 2 Failing to make appropriate use of Project property, or 3 Failing to comply with the underlying Agreement or this Master Agreement (b) Require the Recipient to refund 1 The entire amount of Federal funds provided for the Project, or 2 Any lesser amount as the Federal Government may determine, and c. Expiration of Project Time Period. Except for a Full Funding Grant Agreements, expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the underlying Agreement. [FTA Master Agreement§12] I. Debarment and Suspension. The Recipient agrees that: (1) It will not engage Third Party Participants that are debarred or suspended except as authorized by: (a) U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. Part 1200, (b) U.S. OMB, "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including any amendments thereto, and (c) Executive Orders Nos. 12549 and 12689. "Debarment and Suspension," 31 U.S.C. §6101 note, (2) It will review the"Excluded Parties Listing System"at http://epls.gov/(to be transferred to https://www.sam.gov), if required by U.S. DOT regulations, 2 C.F.R. Part 1200, and (3) It will include, and require its Third Party Participants to include a similar condition in each lower tier covered transaction, assuring that all lower tier Third Party Participants: (a) Will comply with Federal debarment and suspension requirements, and (b) Review the"Excluded Parties Listing System"at http://www.epls.gov/(to be transferred to https://www.sam.gov), if necessary to comply with U.S. DOT regulations 2 C.F.R. part 1200. [FTA Master Agreement§3.b] J. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing,the Recipient agrees to comply with FTA's U. S. domestic preference requirements and follow Federal guidance, including: a. Buy America. Domestic preference procurement requirements of: (1) 5323(j), as amended by MAP-21, and (2) FTA regulations, "Buy America Requirements," 49 C.F.R. part 661, to the extent consistent with MAP-21 b. Fly America. Air transportation requirements of: (1) Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. §40118, and (2) U.S. GSA regulations, "Use of United States Flag Air Carriers,"41 C.F.R. §§ 301-10.131 - 301-10.143. (FTA Master Agreement§16(a)(c)J Revised May 2013 OMA/MB 32 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 K. Disputes, Breaches, Defaults or Other Litigation. The Recipient understands and agrees that: a. FTA Interest. FTA has a vested interest in the settlement of any disagreement involving the Project including, but not limited to: (1) a major dispute, (2) A breach, (3) A default, or (4) Litigation, b. Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges: (1) The Recipient agrees to notify immediately: (a) The FTA Chief Counsel, or (b) The FTA Regional Counsel for the Region in which the Recipient is located, (2) The types of legal matters that require notification include, but are not limited to: (a) A major dispute, (b) A breach, (c) A default, (d) Litigation, or (e) Naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason,and(3) The types of matters that may affect the Federal Government include, but are not limited to: (a) The Federal Government's interests in the Project, or (b) The Federal Government's administration or enforcement of Federal laws or regulations, c. Federal Interest in Recovery. (1) General. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the Federal share for the Project, but Revised May 2013 OMA/MB 33 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 (1) Liquidated Damages. Notwithstanding the preceding section 96.c(1)of this Master Agreement, the Recipient may return all liquidated damages it receives to its Project Account rather than return the Federal share of those liquidated damages to the Federal Government, d. Enforcement. The Recipient agrees to pursue its legal rights and remedies available under: (1) Any third party agreement, (2) Any Federal law or regulation, (3) Any State law or regulation, or (4) Any local law or regulation, e. FTA Concurrence. If a legal matter described in section 96(2)and (3)of this Master Agreement involves the Project or the Recipient, FTA reserves the right to concur in any: (1) Compromise, or (2) Settlement, and f. Alternative Dispute Resolution. FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate. (FTA Master Agreement§96 L. Lobbying Restrictions. The Recipient agrees that, as provided by 31 U.S.C. §1352(a): (1) Prohibition on Use of Federal Funds. It will not use Federal funds (a) To influence any: 1. Officer or employee of a Federal Agency 2. Member of Congress, 3. Officer or employee of Congress, or 4. Employee of a Member of Congress (b) To take any action involving the Project or the Underlying Agreement for the Project, including any: 1. Award, 2. Extension, or 3. Modification (2) Laws and Regulations. It will comply, and will assure that each Third Party Participant complies with: (a) 31 U.S.C. § 1352 as amended, (b) U.S. DOT regulations, "New Restrictions on Lobbying,"49 C.F.R. part 20, to the extent consistent with as necessary by 31 U.S.C. § 1352, as amended, and (c) Other applicable Federal laws and regulations prohibiting the use of Federal funds for any activity concerning legislation or appropriations designed to influence: Revised May 2013 OMA/MB 34 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 1. The U.S. Congress,or 2. A State legislature, but (3) Exception. The prohibitions of the preceding section 3.d(1)—(2)of this Master Agreement do not apply to any activity that is undertaken through proper official channels, if permitted by the underlying law or regulations, (FTA Master Agreement§3.d(1)(2)J M. Environmental Protections. a. Air Quality. The Recipient agrees to, and assures that its Third Party Participants will, comply with the Clean Air Act, as amended, 42 U.S.C. §§ 7401 -7671 q, and implementing Federal regulations, as provided in Federal guidance, except as the Federal Government determines otherwise in writing. Among its responsibilities, the Recipient agrees that: (1) Public Transportation Operators. It will comply with: (a) U.S. EPA regulations, "Control of Air Pollution from Mobile Sources,"40 C.F.R. Part 85; (b) U.S. EPA regulations "Control of Emissions from New and In-Use Highway Vehicles and Engines," 40 C.F.R. Part 86, and (c) U.S. EPA regulations"Fuel Economy and Greenhouse Gas Exhaust Emissions of Motor Vehicles," 40 C.F.R. Part 600 and any revisions to these regulations. (2) State Implementation Plans. It will support State Implementation Plans by: (a) Implementing each air quality mitigation or control measure incorporated in the documents accompanying the approval of the Project, (b) Assuring that any Project identified as a Transportation Control Measure in its State Implementation Plan will be wholly consistent with the design concept and scope of the Project described in the State Implementation Plan, and (c) Complying with: 1. Subsection 176(c)of the Clean Air Act, 42 U.S.C. § 7506(c), 2. U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects developed, Funded or Approved Under Title 23, U. S. C. or the Federal Transit Laws,"40 C.F.R. Part 93, subpart A, and 3. Other applicable Federal conformity regulations that may be promulgated at a later date, and (3) Violating Facilities. It will: (a) Comply with the notice of violating facility provisions of section 306 in the Clean Air Act, as amended, 42 U.S.C. § 7414, and (b) Facilitate compliance with Executive Order No. 11738, " Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans,"42 U.S.C. § 7606 note. b. Clean Water. The Recipient agrees to, and assures that its Third Party Participants will, comply with the Clean Water Act, as amended, 33 U.S.C. §§ 1251 —1377, and implementing Federal regulations, and Revised May 2013 OMA/MB 35 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 follow Federal implementing guidance, except as the Federal Government determines otherwise in writing. Among its responsibilities, the Recipient agrees that: (2) Drinking Water. It will protect underground sources of drinking water in compliance with the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§300f-300j-6. (3) Violating Facilities. It will. (a) Comply with the notice of violating facility provisions in section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and (b) Facilitate compliance with Executive Order No. 11738, "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans,"42 U.S.C. § 7606 note. (FTA Master Agreement§29(c),(d)] N. Employee Protections. The Recipient agrees to comply, and assures that each Third Party Participant will comply, with all of the following: a. Construction Activities. Federal laws and regulations providing protections for construction employees involved in Project activities, including: (1) Prevailing Wage Requirements. (a) Federal transit laws,specifically 49 U.S.C. § 5333(a), (FTA's"Davis-Bacon Related Act"), (b) The Davis-Bacon Act, 40 U.S.C. §§3141 —3144, 3146, and 3147, and (c) U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction(also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R. part 5, (2) Wage and Hour Requirements. (a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and (b) U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction(also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R. part 5, (3) "Anti-Kickback" Prohibitions. (a) Section 1 of the Copeland "Anti-Kickback"Act, as amended, 18 U.S.C. § 874, (b) Section 2 of the Copeland "Anti-Kickback"Act, as amended, 40 U.S.C. § 3145, and Revised May 2013 OMA/MB 36 of 49 Exhibit C — Federal Clauses $100,000 and above Metro Grant 933346 (c) U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. part 3, (4) Safety at the Construction Site. (a) Section 107 of that Contract Work Hours and Safety Standards Act, as amended, U. S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. §3701 et seq.,and (b) U.S. DOL regulations,"Safety and Health Regulations for Construction," 29 C.F.R. part 1926, [FTA Master Agreement§28.a] O. Eneray Conservation. The Recipient agrees to and assures its Subrecipients will: a. State Energy Conservation Plans. Comply with the mandatory energy standards and policies of its State energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6321 et seq., except as the Federal Government determines otherwise in writing, and b. Energy Assessment. Perform an energy assessment for any building constructed, reconstructed, or modified with FTA funds required under FTA regulations, "Requirements for Energy Assessments,"49 C.F.R. Part 622, Subpart C. [FTA Master Agreement§301 Revised May 2013 OMA/MB 37 of 49 Exhibit C, Attachment A Debarment Certification Metro Grant 933346 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTION This Agreement is a covered transaction for purposes of 49 CFR Part 29. As such,the Grantee is required to verify that none of the Grantee, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Grantee is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting this Agreement,the Grantee certifies as follows: The certification in this clause is a material representation of fact relied upon by Metro. If it is later determined that the Grantee knowingly rendered an erroneous certification, in addition to remedies available to Metro, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Grantee agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the period of this Agreement. The Grantee further agrees to include a provision requiring such compliance in its lower tier covered transactions. Signature Name Title Organization Date Revised May 2013 OMA/MB 38 of 49 Exhibit C, Attachment B Lobbying Certification Metro Grant 933346 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans and Cooperative Agreements The undersigned Grantee certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413(1/19/96). Note: Language in paragraph(2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000.00 and not more than$100,000.00 for each such expenditure or failure. The Grantee, City of Tigard, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Grantee understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Grantee's Authorized Official Name(Printed) Title Date Revised May 2013 OMA/MB 39 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 UNIFIED PROTECTIVE ARRANGEMENT For Application to Capital and Operating Assistance Projects PURSUANT TO SECTION 5333(b) OF TITLE 49 OF THE U.S. CODE, CHAPTER 53 January 3, 2011 The following language shall be made part of the Department of Transportation's contract of assistance with the Grantee, by reference; The terms and conditions set forth below shall apply for the protection of the transportation related employees in the transportation service area of the Project.As a precondition of the release of assistance by the Grantee to any additional Recipient under the grant, the Grantee shall incorporate this arrangement into the contract of assistance between the Grantee and the Recipient, by reference, binding the Recipient to these arrangements. These protective arrangements are intended for the benefit of transit employees in the service area of the project, who are considered as third-party beneficiaries to the employee protective arrangements incorporated by reference in the grant contract between the U.S. Department of Transportation and the Grantee, and the parties to the contract so signify by executing that contract. Transit employees are also third-party beneficiaries to the protective arrangements incorporated in subsequent contracts of assistance, pursuant to the Department's certification, between the Grantee and any Recipient. Employees may assert claims through their representative with respect to the protective arrangements under this provision. This clause creates no independent cause of action against the United States Government. The term "service area," as used herein, includes the geographic area over which the Project is operated and the area whose population is served by the Project, including adjacent areas affected by the Project. The term "Union," as used herein, refers to any labor organization representing employees providing public transportation services in the service area of a Project assisted under the grant, including both employees of the Recipient and employees of other public transportation providers. The term "Recipient," as used herein, shall refer to any employer(s) receiving transportation assistance under the grant. The term "Grantee," as used herein, shall refer to the applicant for assistance; a Grantee which receives assistance is also a Recipient. (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project,"as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operational, technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project," shall, when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about solely by causes other than the Project(including any economies or efficiencies unrelated to the Project)are not within the purview of this arrangement. An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his/her position with regard to employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs(6)and (7)of this arrangement. (2) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective Revised May 2013 OMA/MB 40 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 bargaining agreement applicable to such employees which is then in effect. This Arrangement does not create any collective bargaining relationship where one does not already exist or between any Recipient and the employees of another employer.Where the Recipient has no collective bargaining relationship with the Unions representing employees in the service area, the Recipient will not take any action which impairs or interferes with the rights, privileges, and benefits and/or the preservation or continuation of the collective bargaining rights of such employees. (3) All rights, privileges, and benefits(including pension rights and benefits)of employees covered by this arrangement(including employees having already retired)under existing collective bargaining agreements or otherwise,or under any revision or renewal thereof, shall be preserved and continued; provided, however, that such rights, privileges and benefits which are not foreclosed from further bargaining under applicable law or contract may be modified by collective bargaining and agreement by the Recipient and the Union involved to substitute other rights, privileges and benefits. Unless otherwise provided, nothing in this arrangement shall be deemed to restrict any rights the Recipient may otherwise have to direct the working forces and manage its business as it deems best, in accordance with the applicable collective bargaining agreement. (4) The collective bargaining rights of employees covered by this arrangement, including the right to arbitrate labor disputes and to maintain union security and check off arrangements, as provided by applicable laws, policies and/or existing collective bargaining agreements, shall be preserved and continued. Provided, however, that this provision shall not be interpreted so as to require the Recipient to retain any such rights which exist by virtue of a collective bargaining agreement after such agreement is no longer in effect. The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into, relative to all subjects which are or may be proper subjects of collective bargaining. If, at any time, applicable law or contracts permit or grant to employees covered by this arrangement the right to utilize any economic measures, nothing in this arrangement shall be deemed to foreclose the exercise of such right. (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces as a result of the Project. In the case of employees represented by a Union, such notice shall be provided by certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs within the jurisdiction and control of the Recipient, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21), available to be filled by such affected employees. (5)(b) The procedures of this subparagraph shall apply to cases where notices, provided under subparagraph S (a), involve employees represented by a Union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. These negotiations shall include determining the selection of forces from among the mass transportation employees who may be affected as a result of the Project, to establish which such employees shall be offered employment for which they are qualified or can be trained. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (15)of this arrangement. Unless the parties otherwise mutually agree in writing, no change in operations, services, facilities or equipment within the purview of this paragraph(5)shall occur until after either: 1) an agreement with respect to the application of the terms and conditions of this arrangement to the intended change(s)is reached; 2) the decision has been rendered pursuant to the dispute resolution procedures in accordance with paragraph (15)of this arrangement; or Revised May 2013 OMA/MB 41 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 3) an arbitrator selected pursuant to Paragraph (15) of this arrangement determines that the intended change(s)may be instituted prior to the finalization of implementing arrangements. (5)(c) In the event of a dispute as to whether an intended change within the purview of this paragraph (5) may be instituted at the end of the 60-day notice period and before an implementing agreement is reached or a final dispute resolution determination is rendered pursuant to subparagraph (b), any involved party may immediately submit that issue to the dispute resolution process under paragraph (15) of this arrangement. In any such dispute resolution procedure, the neutral shall rely upon the standards and criteria utilized by the Surface Transportation Board (and its predecessor agency, the Interstate Commerce Commission) to address the "preconsummation" issue in cases involving employee protections pursuant to 49 U.S.C. Section 11326 (or its predecessor, Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient demonstrates, as a threshold matter in any such dispute resolution process, that the intended action is a trackage rights, lease proceeding or similar transaction, and not a merger, acquisition, consolidation, or other similar transaction, the burden shall then shift to the involved labor organization( s) to prove that under the standards and criteria referenced above, the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action is a trackage rights, lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove that under the standards and criteria referenced above, the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. For purposes of any such dispute resolution procedure, the time period within which the parties are to respond to the list of potential neutrals submitted by the American Arbitration Association shall be five (5) days, the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, and the award of the neutral shall be rendered promptly and, unless otherwise agreed to by the parties, no later than fourteen (14) days from the date of closing the hearings, with five (5)additional days if post hearing briefs are submitted by either party. The intended change shall not be instituted during the pendency of any dispute resolution proceedings under this subparagraph (c). (5)(d) If an intended change within the purview of this paragraph (5) is instituted before an implementing agreement is reached or a final decision is rendered pursuant to subparagraph (b), all employees affected shall be kept financially whole, as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final decision. This protection shall be in addition to the protective period defined in paragraph (14) of this arrangement, which period shall begin on the effective date of the implementing agreement or final dispute resolution determination rendered pursuant to subparagraph (b). An employee selecting, bidding on, or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final dispute resolution determination shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final decision pursuant to subparagraph (b). (6)(a) Whenever an employee retained in service, recalled to service, or employed by the Recipient pursuant to paragraphs (5), (7) (e), or (18) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a "displaced employee", and shall be paid a monthly "displacement allowance" to be determined in accordance with this paragraph. Said displacement allowance shall be paid to each displaced employee during the protective period SQ long as the employee is unable, in the exercise of his/her seniority rights, to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the employee was displaced, adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (6)(b) The displacement allowance shall be a monthly allowance determined by computing the total compensation received by the employee, including vacation allowances and monthly compensation guarantees, and his/her total time paid for during the last twelve (12) months in which the employee performed compensated service more than fifty per centum of each such months, based upon the employee's normal work schedule, immediately preceding the date of his/her displacement as a result of the Project, and by dividing separately the total compensation and the total time paid for by twelve, Revised May 2013 OMA/MB 42 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 thereby producing the average monthly compensation and the average monthly time paid for. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. If the displaced employee's compensation in his/her current position is less in any month during his/her protective period than the aforesaid average compensation(adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for), the employee shall be paid the difference, less compensation for any time lost on account of voluntary absences to the extent that the employee is not available for service equivalent to his/her average monthly time, but the employee shall be compensated in addition thereto at the rate of the current position for any time worked in excess of the average monthly time paid for. If a displaced employee fails to exercise his/her seniority rights to secure another position to which the employee is entitled under the then existing collective bargaining agreement, and which carries a wage rate and compensation exceeding that of the position which the employee elects to retain, the employee shall thereafter be treated,for the purposes of this paragraph,as occupying the position the employee elects to decline. (6)(c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(a)Whenever any employee is laid off or otherwise deprived of employment as a result of the Project, in accordance with any collective bargaining agreement applicable to his/her employment, the employee shall be considered a "dismissed employee" and shall be paid a monthly dismissal allowance to be determined in accordance with this paragraph. Said dismissal allowance shall first be paid to each dismissed employee on the thirtieth (30th) day following the day on which the employee is "dismissed" and shall continue during the protective period, as follow: Employee's length of service Period of protection Prior to adverse effect 1 day to 6 years equivalent period 6 years or more 6 years The monthly dismissal allowance shall be equivalent to one-twelfth (1/ 12th) of the total compensation received by the employee in the last twelve (12) months of his/her employment in which the employee performed compensation service more than fifty per centum of each such month based on the employee's normal work schedule to the date on which the employee was first deprived of employment as a result of the Project. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal allowance when the position the employee holds is abolished as a result of the Project, or when the position the employee holds is not abolished but the employee loses that position as a result of the exercise of seniority rights by an employee whose position is abolished as a result of the Project or as a result of the exercise of seniority rights by other employees brought about as a result of the Project, and the employee is unable to obtain another position, either by the exercise of the employee's seniority rights, or through the Recipient, in accordance with subparagraph (e). In the absence of proper notice followed by an agreement or decision pursuant to paragraph (5) hereof, no employee who has been deprived of employment as a result of the Project shall be required to exercise his/her seniority rights to secure another position in order to qualify for a dismissal allowance hereunder. (7)(c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his/her current address and the current name and address of any other person by whom the employee may be regularly employed, or if the employee is self-employed. (7)(d) The dismissal allowance shall be paid to the regularly assigned incumbent of the position abolished. If the position of an employee is abolished when the employee is absent from service, the employee will be entitled to the dismissal allowance when the employee is available for service. The employee temporarily filling said position at the time it was abolished will be given a dismissal allowance Revised May 2013 OMA/MB 43 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 on the basis of that position, until the regular employee is available for service, and thereafter shall revert to the employee's previous status and will be given the protections of the agreement in said position, if any are due him/her. (7)(e) An employee receiving a dismissal allowance shall be subject to call to return to service by the employee's former employer, after being notified in accordance with the terms of the then-existing collective bargaining agreement. Prior to such call to return to work by his/her employer, the employee may be required by the Recipient to accept reasonably comparable employment for which the employee is physically and mentally qualified, or for which the employee can become qualified after a reasonable training or retraining period, provided it does not require a change in residence or infringe upon the employment rights of other employees under then-existing collective bargaining agreements. (7)(f) When an employee who is receiving a dismissal allowance again commences employment in accordance with subparagraph (e) above, said allowance shall cease while the employee is so reemployed, and the period of time during which the employee is so reemployed shall be deducted from the total period for which the employee is entitled to receive a dismissal allowance. During the time of such reemployment, the employee shall be entitled to the protections of this arrangement to the extent they are applicable. (7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced to the extent that the employee's combined monthly earnings from such other employment or self-employment, any benefits received from any unemployment insurance law, and his/her dismissal allowance exceed the amount upon which the employee's dismissal allowance is based. Such employee, or his/her union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with the employee's former employer, including self-employment, and the benefits received. (7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the failure of the employee without good cause to return to service in accordance with the applicable labor agreement, or to accept employment as provided under subparagraph (e) above, or in the event of the employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable employment offered him/her for which the employee is physically and mentally qualified and does not require a change in the employee's place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of the employee's allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his/her representative, or by final and binding dispute resolution determination rendered in accordance with paragraph (15) of this arrangement that such employee did not comply with this obligation. (8) In determining length of service of a displaced or dismissed employee for purposes of this arrangement, such employee shall be given full service credits in accordance with the records and labor agreements applicable to him/her and the employee shall be given additional service credits for each month in which the employee receives a dismissal or displacement allowance as if the employee were continuing to perform services in his/her former position. (9) No employee shall be entitled to either a displacement or dismissal allowance under paragraphs (6) or(7)hereof because of the abolishment of a position to which, at some future time, the employee could have bid, been transferred,or promoted. (10) No employee receiving a dismissal or displacement allowance shall be deprived, during the employee's protected period, of any rights, privileges, or benefits attaching to his/her employment, including, without limitation, group life insurance, hospitalization and medical care, free transportation for the employee and the employee's family, sick leave, continued status and participation under any Revised May 2013 OMA/MB 44 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 disability or retirement program, and such other employee benefits as Railroad Retirement, Social Security, Workmen's Compensation, and unemployment compensation, as well as any other benefits to which the employee may be entitled under the same conditions and so long as such benefits continue to be accorded to other employees of the bargaining unit, in active service or furloughed as the case may be. (111)(a) Any employee covered by this arrangement who is retained in the service of his/her employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his/her employment in order to retain or secure active employment with the Recipient in accordance with this arrangement, and who is required to move his/her place of residence, shall be reimbursed for all expenses of moving his/her household and other personal effects, for the traveling expenses for the employee and members of the employee's immediate family, including living expenses for the employee and the employee's immediate family, and for his/her own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Recipient under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Recipient and the affected employee or the employee's representatives. (111)(b) If any such employee is laid off within three (3) years after changing his/her point of employment in accordance with paragraph (a) hereof, and elects to move his/her place of residence back to the original point of employment, the Recipient shall assume the expenses, losses and costs of moving to the same extent provided in subparagraph (a)of this paragraph(11)and paragraph (12)(a)hereof. (11)(c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within ninety(90) days after the date on which the expenses were incurred. (11)(d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(a)The following conditions shall apply to the extent they are applicable in each instance to any employee who is retained in the service of the employer(or who is later restored to service after being entitled to receive a dismissal allowance), who is required to change the point of his/her employment as a result of the Project, and is thereby required to move his/her place of residence. If the employee owns his/her own home in the locality from which the employee is required to move, the employee shall, at the employee's option, be reimbursed by the Recipient for any loss suffered in the sale of the employee's home for less than its fair market value, plus conventional fees and closing costs, such loss to be paid within thirty(30)days of settlement or closing on the sale of the home. In each case,the fair market value of the home in question shall be determined, as of a date sufficiently prior to the date of the Project, so as to be unaffected thereby. The Recipient shall, in each instance, be afforded an opportunity to purchase the home at such fair market value before it is sold by the employee to any other person and to reimburse the seller for his/her conventional fees and closing costs. If the employee is under a contract to purchase his/her home,the Recipient shall protect the employee against loss under such contract, and in addition, shall relieve the employee from any further obligation there under. If the employee holds an unexpired lease of a dwelling occupied as the employee's home, the Recipient shall protect the employee from all loss and cost in securing the cancellation of said lease. (12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within one year after the effective date of the change in residence. (12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question Revised May 2013 OMA/MB 45 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 in connection with these matters, it shall be decided through a joint conference between the employee, or his/her union, and the Recipient. In the event they are unable to agree, the dispute or controversy may be referred by the Recipient or the union to a board of competent real estate appraisers selected in the following manner: one(1)to be selected by the representatives of the employee, and one(1)by the Recipient, and these two, if unable to agree within thirty(30)days upon the valuation, shall endeavor by agreement with ten (10)days thereafter to select a third appraiser, or to agree to a method by which a third appraiser shall be selected, and failing such agreement, either party may request the State and local Board of Real Estate Commissioners to designate within ten(10)days a third appraiser, whose designation will be binding upon the parties and whose jurisdiction shall be limited to determination of the issues raised in this paragraph only. A decision of a majority of the appraisers shall be required and said decision shall be final, binding, and conclusive. The compensation and expenses of the neutral appraiser including expenses of the appraisal board shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (12)(d) Except as otherwise provided in paragraph (11)(b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(e)"Change in residence"means transfer to a work location which is either: (A) outside a radius of twenty (20) miles of the employee's former work location and farther from the employee's residence than was his/her former work location, or (B) is more than thirty (30) normal highway route miles from the employee's residence and also farther from his/her residence than was the employee's former work location. (13)(a) A dismissed employee entitled to protection under this arrangement may, at the employee's option within twenty-one (21) days of his/her dismissal, resign and (in lieu of all other benefits and protections provided in this arrangement) accept a lump sum payment computed in accordance with section (9)of the Washington Job Protection Agreement of May 1936: Length of Service Separation Allowance 1 year and less than 2 years 3 month's pay 2 years and less than 3 years 6 month's pay 3 years and less than 5 years 9 month's pay 5 years and less than 10 years 12 month's pay 10 years and less than 15 years 12 month's pay 15 years and over 12 month's pay In the case of an employee with less than one year's service, five days'pay, computed by multiplying by 5 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied, for each month in which the employee performed service,will be paid as the lump sum. Length of service shall be computed as provided in Section 7(b) of the Washington Job Protection Agreement, as follows: For the purposes of this arrangement, the length of service of the employee shall be determined from the date the employee last acquired an employment status with the employing carrier and the employee shall be given credit for one month's service for each month in which the employee performed any service (in any capacity whatsoever) and twelve (12) such months shall be credited as one year's service. The employment status of an employee shall not be interrupted by furlough in instances where the employee has a right to and does return to service when called. In determining length of service of an employee acting as an officer or other official representative of an employee organization, the employee will be given credit for performing service while so engaged on leave of absence from the service of a carrier. Revised May 2013 OMA/MB 46 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 (13)(b) One month's pay shall be computed by multiplying by 30 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied prior to time of the employee's dismissal as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term "protective period" means that period of time during which a displaced or dismissed employee is to be provided protection hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of six (6) years there from, provided, however, that the protective period for any particular employee during which the employee is entitled to receive the benefits of these provisions shall not continue for a longer period following the date the employee was displaced or dismissed than the employee's length of service, as shown by the records and labor agreements applicable to his/her employment prior to the date of the employee's displacement or dismissal. (15) Any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12(c) of this arrangement, the Labor-Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective arrangement involving the Recipient(s) and the Union(s), which cannot be settled by the parties thereto within thirty (30) days after the dispute or controversy arises, may be submitted at the written request of the Recipient(s) or the Union(s) in accordance with a final and binding resolution procedure mutually acceptable to the parties. Failing agreement within ten (10)days on the selection of such a procedure, any party to the dispute may request the American Arbitration Association to furnish an arbitrator and administer a final and binding arbitration under its Labor Arbitration Rules. The parties further agree to accept the arbitrator's award as final and binding. The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses, shall be borne equally by the Union(s) and Recipient(s), and all other expenses shall be paid by the party incurring them. In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be the employee's obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of the Recipient to prove that factors other than the Project affected the employee. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee (See Hodgson's Affidavit in Civil Action No. 825-71). (16) The Recipient will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee affected, as a result of the project, may file a written claim through his/her Union representative with the Recipient within sixty(60) days of the date the employee is terminated or laid off as a result of the Project, or within eighteen (18) months of the date the employee's position with respect to his/her employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the 18-month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. Unless the claim is filed with the Recipient within said time limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claims. The Recipient will fully honor the claim, making appropriate payments, or will give written notice to the claimant and his/her representative of the basis for denying or modifying such claim, giving reasons therefore. In the event the Recipient fails to honor such claim, the Union may invoke the following procedures for further joint investigation of the claim by giving notice in writing of its desire to pursue such procedures. Within ten (10) days from the receipt of such notice, the parties shall exchange such factual material as may be requested of them relevant to the disposition of the claim and shall jointly take such steps as may be necessary or desirable to obtain from any third party such additional factual materials as may be relevant. In the event the claim is so rejected by the Recipient, the claim may be processed in accordance with the final and binding resolution procedures described in paragraph(15). Revised May 2013 OMA/M3 47 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 (17) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements or otherwise; provided that there shall be no duplication of benefits to any employee, and, provided further, that any benefit under this arrangement shall be construed to include the conditions, responsibilities, and obligations accompanying such benefit. This arrangement shall not be deemed a waiver of any rights derived from any other agreement or provision of federal, state or local law. (18) During the employee's protective period, a dismissed employee shall, if the employee so requests, in writing, be granted priority of employment or reemployment to fill any vacant position within the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when dismissed, including those in the employment of any entity bound by this arrangement pursuant to paragraph(21)hereof, for which the employee is, or by training or retraining can become, qualified; not, however, in contravention of collective bargaining agreements related thereto. In the event such employee requests such training or re-training to fill such vacant position,the Recipient shall provide for such training or re-training at no cost to the employee. The employee shall be paid the salary or hourly rate provided for in the applicable collective bargaining agreement for such position, plus any displacement allowance to which the employee may be otherwise entitled. If such dismissed employee who has made such request fails, without good cause, within ten(10)days to accept an offer of a position comparable to that which the employee held when dismissed for which the employee is qualified, or for which the employee has satisfactorily completed such training, the employee shall, effective at the expiration of such ten-day period,forfeit all rights and benefits under this arrangement. As between employees who request employment pursuant to this paragraph, the following order where applicable shall prevail in hiring such employees: (a) Employees in the craft or class of the vacancy shall be given priority over employees without seniority in such craft or class; (b) As between employees having seniority in the craft or class of the vacancy, the senior employees, based upon their service in that craft or class, as shown on the appropriate seniority roster, shall prevail over junior employees; (c) As between employees not having seniority in the craft or class of the vacancy, the senior employees, based upon their service in the crafts or classes in which they do have seniority as shown on the appropriate seniority rosters, shall prevail over junior employees. (19) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the terms and conditions set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of this arrangement and to the proper determination of any claims arising there under. (20) In the event the Project is approved for assistance under the statute, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the Grantee and between the Grantee and any Recipient; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his/her representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. (21) This arrangement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of the arrangements made by or for the Recipient to manage and operate the system. Revised May 2013 OMA/MB 48 of 49 Exhibit D Department of Labor Clauses Metro Grant 933346 Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management, provision and/ or operation of the Project services or the Recipient's transit system, or any part or portion thereof, under contractual arrangements of any form with the Recipient, its successors or assigns, shall agree to be bound by the terms of.this arrangement and accept the responsibility with the Recipient for full performance of these conditions. As a condition precedent to any such contractual arrangements, the Recipient shall require such person, enterprise, body or agency to so agree in writing. Transit employees in the service area of the project are third-party beneficiaries to the terms of this protective arrangement, as incorporated by reference in the contractual agreement. (22) In the event of the acquisition, assisted with Federal funds, of any transportation system or services, or any part or portion thereof, the employees of the acquired entity shall be assured employment, in comparable positions, within the jurisdiction and control of the acquiring entity, including positions in the employment of any entity bound by this arrangement pursuant to paragraph(21). All persons employed under the provisions of this paragraph shall be appointed to such comparable positions without examination, other than that required by applicable federal, state or local law or collective bargaining agreement, and shall be credited with their years of service for purposes of seniority, vacations, and pensions in accordance with the records of their former employer and/or any applicable collective bargaining agreements. (23) The employees covered by this arrangement shall continue to receive any applicable coverage under Social Security, Railroad Retirement, Workmen's Compensation, unemployment compensation, and the like. In no event shall these benefits be worsened as a result of the Project. (24) In the event any provision of this arrangement is held to be invalid, or otherwise unenforceable under federal, state, or local law, in the context of a particular Project, the remaining provisions of this arrangement shall not be affected and the invalid or unenforceable provision shall be renegotiated by the Recipient and the interested Union representatives of the employees involved for purpose of adequate replacement under Section 5333(b). If such negotiation shall not result in mutually satisfactory agreement any party may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements for application only to the particular Project, which shall be incorporated in this arrangement only as applied to that Project, and any other appropriate action, remedy, or relief. (25) If any employer of the employees covered by this arrangement shall have rearranged or adjusted its work force(s)in anticipation of the Project, with the effect of depriving an employee of benefits to which the employee should be entitled under this arrangement, the provisions of this arrangement shall apply to such employee as of the date when the employee was so affected. Revised May 2013 OMA/MB 49 of 49 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY TO MANAGE A $41,000 MSTIP OPPORTUNITY GRANT THAT WILL HELP FUND A SAFE ROUTES TO SCHOOL COORDINATOR FOR A PERIOD OF TWO YEARS.. WHEREAS, the City's strategic vision is "The most walkable community in the Pacific Northwest where people of all ages and abilities live healthy,interconnected lives;" and WHEREAS,when it is safe,convenient,and fun to walk to neighborhood schools, our children are healthier,our streets are safer for everyone, and our communities thrive;and WHEREAS, kids that can safely walk and bike to their neighborhood school get regular physical activity and do better in school;and WHEREAS, our kids who most need more opportunities for physical activity often don't have safe routes for walking or biking to school;and WHEREAS,comprehensive Safe Routes to School programs have proven successful at getting more kids to bike and walk to school;and WHEREAS, Safe Routes to School programs are a cost-effective way to improve children's health,make neighborhood streets safer for everyone,engage community members in promoting healthy and safe choices,and reduce school-related congestion;and WHEREAS,the City recognizes the value of Safe Routes to School in meeting its goals and realizing its strategic vision;and WHEREAS,a $41,000 NISTIP Opportunity Fund grant will be used to match the$150,000 Metro Regional Travel Options (RTO) grant,and for the purchase of other program needs as described in the RTO grant application to develop a Safe Routes to School programs in the City;and WHEREAS, the funding is needed to hire a full time coordinator for a period of two years to run a Safe Routes to School program in the Tigard-Tualatin School District to serve every K- 8 Tigard student;and WHEREAS,an intergovernmental agreement (IGA) between Washington County and Tigard memorializes services to be performed and obligations of the parties to manage a $41,000 MSTIP Opportunity Fund grant for a dedicated Safe Routes to School Coordinator in Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: RESOLUTION NO. 15- Page 1 SECTION 1: The Tigard City Council approves the IGA with Washington County for management of a $41,000 MSTIP Opportunity Fund grant to help fund a dedicated Safe Routes to School Coordinator and program for Tigard and authorizes the City Official to sign the IGA. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 2 AGREEMENT BETWEEN Washington County and the City of Tigard FOR A DISTRIBUTION FROM THE MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM (MSTIP) OPPORTUNITY FUND THIS AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "COUNTY"; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "CITY." RECITALS 1. COUNTY approved the MSTIP 3d program in July 2012 that contained a $5,000,000 Opportunity Fund component, hereinafter referred to as "FUND". 2. CITY requested a $41,000 distribution from the FUND as a match for a Regional Transportation Options grant, hereinafter referred to as "RTO", to fund a Safe Routes to Schools Program Coordinator. 3. The FUND distribution requested by CITY was approved by the Washington County Coordinating Committee in November 2014. The approval was contingent on the CITY receiving approval for the RTO grant. 4. CITY was awarded the RTO in February 2015. 5. CITY will enter into a separate agreement with Metro for the grant funds. 6. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth below, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS 1.1 COUNTY shall distribute $41,000 from the FUND within sixty (60) calendar days of receipt of an invoice from CITY. 2. CITY OBLIGATIONS 2.1 CITY shall invoice COUNTY for the $41,000 distribution from the FUND within thirty (30) calendar days of the execution of the agreement with Metro described in Recital 5 of this AGREEMENT. 3. FINANCIAL OBLIGATIONS 3.1 COUNTY and CITY will each bear the cost of performance of their respective obligations under this AGREEMENT. 4. GENERAL PROVISIONS 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 paragraph 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. 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 anyway. 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. 5. TERM OF AGREEMENT 5.1 This Agreement becomes effective on the last date signed below and shall terminate two (2) years from the effective date except as provided in Paragraph 5.2 below. 5.2 This Agreement may be amended or extended for periods of up to one (1) year by mutual consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective thirty (30) days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the Agreement as necessary. DATED this day of , 2015. CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON John Cook, Mayor CHAIR, Board of County Commissioners ATTEST: CITY RECORDER RECORDING SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY COUNTY COUNSEL AIS-2233 3. F. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): Consent Item Agenda Title: Contract Award-Dirksen Park Oak Savanna Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for the Dirksen Park Oak Savanna project to Ash Creek Forest Management. LLC in the amount of$220,000. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for work on the Oak Savanna Project at Dirksen Nature Park in the amount of$220,000 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The Oak Savanna project is part of the development of Dirksen Nature Park. The park has 7 distinct native Northwest ecosystems which makes it the perfect location for an urban nature park. The oak savanna is an important ecosystem to the region historically and as such we are focusing our effort on its restoration. The work under this project will provide all restoration services associated with site preparation and establishment of the oak savanna at Dirksen Nature Park. This work will include removal of non-native grasses and trees, removal of trees that are currently crowding oaks,replanting native grasses,wildflowers,and shrubs associated with a healthy savanna. The contractor will also use the wood material from downed trees to construct buck and pole fencing around the savanna to discourage entry to the area while it is establishing. These rough pole fences are low to the ground so views into the area will not be blocked. The contractor will provide planting and maintenance services through 2019. Under 279A.215, the city may establish a contract with a specific vender under a permissive cooperative procurement process. This is in line with Tigard Public Contracting Rule 10.085. Staff would like to utilize this form of procurement for this project. Under this form of procurement the following is all that is required: *An administering contracting agency with a solicitation and contract that is open and competitive, allows selection methods similar to Tigard's, 9 The solicitation document and contract with the administering agency contains cooperative language which allows other agencies (such as Tigard) to establish their own contracts under the terms, conditions, and pricing of the original contract, •A contractor that agrees to extend the terms, conditions,and pricing,and •Public notice if the purchasing agency's contract will exceed $250,000. For this particular contract, the first three bullets will apply but not the fourth as the city's contract will not exceed $250,000. For the first three requirements,Metro released a Request for Proposal (RFP) for Natural Areas Habitat Restoration Services this past winter containing permissive cooperative language and was similar to a process the city would have utilized. The subsequent contract executed from this RFP also contains the permissive cooperative language. The city has had discussion with the awarded contractor,Ash Creek Forest Management,LLC,and they are willing to extend the terms,conditions,and pricing of the Metro contract to the city. Thus the required three bullets above are met. Staff is requesting a contract be awarded under a passive cooperative procurement method to Ash Creek Forest Management for work on the Oak Savanna project at Dirksen Nature Park. The estimated total of the contract is $220,000 over the next three to four years. OTHER ALTERNATIVES The Local Contract Review Board may reject the use of a permissive cooperative purchase and direct staff conduct a full Request for Proposal process. The Local Contract Review Board may reject the contract and place the work on hold. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Dirksen Park Oak Savanna Contract AwardThis work supports the goals of the Summer Creek Master Plan (Dirksen Park Master Plan) and the City Park System Master Plan. This work also supports walkability goals of the City Strategic Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION The Local Contract Review Board discussed this potential contract at their May 19th Workshop meeting. Fiscal Impact Cost: $220,000 Budgeted (yes or no): Pending Where budgeted?: Urban Forestry Fund Additional Fiscal Notes: This portion of the Dirksen Nature Park Development is included in the Proposed CIP for FY 2016-21. There is $100,000 per year requested for FY16 and FY17. The CIP budget would need to be increased by $20,000 to accommodate the additional cost. Additionally, the contract cost would be potentially spread over four years and not two years as stated in the Proposed CIP. This contract will run from FY 14/15 through FY 19/20. Attachments No file(s)attached. AIS-2239 4. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 5 Minutes Agenda Title: Proclaim Mark Neffendorf Day in Tigard Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook Proclaim June 9 Mark Neffendorf Day in Tigard upon his retirement as the Principal of Tigard High School? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Tigard High School have requested that Mayor Cook would proclaim June 9,2015 as Mark Neffendorf Day in Tigard to honor Tigard High School's Principal,who is retiring after 36 years in education. OTHER ALTERNATIVES Mayor Cook could decline the proclamation request. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Mark Neffendorf day Proclamation •4 M.JAFM City of TIP Mark Neffendorf Day June 9, 2015 WHEREAS,Tigard High School Principal Mark Neffendorf is retiring in June 2015, contributing 36 years of dedicated service to the education and support of youth in Oregon;and WHEREAS, Mark's leadership has built a durable sense of community at Tigard High School(THS)that buoyed staff, improved student achievement and expanded opportunities for all students;and WHEREAS,The staff and student body described a significant number of large and small ways that Mark's legacy strengthened THS and the community, including the creation of Tiger Pride Academic Week dedicated to the importance of learning,a Distinguished Alumni Recognition Program,a Junior Mentor Program that pairs students with adults to help plan for their future,a diverse and supportive class structure that allows educators to support students and each other;and WHEREAS, Mark's commitment to youth earned him Coach of the Year recognition for the State of Oregon five times,two State Championships for Oregon State Basketball and statewide respect from students,colleagues and the community. NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook, Mayor of the City of Tigard,Oregon,do hereby proclaim June 9,2015 as i MARK NEFFENDORF DAY in Tigard,Oregon and urge all residents to join in recognizing the important role that dedicated educators play in developing a great community for future generations. i I Dated this day of ,2015. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. i John L. Cook, Mayor City of Tigard Attest: City Recorder AIS-2254 5. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 10 Minutes Agenda Title: Award "If I Were Mayor" Contest Winners Submitted By: Carol Krager,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should Mayor Cook announce one winning entry in each category of the 2015 "If I Were Mayor,I Would..." contest? * Poster winner,Avery Fleming,3rd Grade at Alberta Rider Elementary School * Video/PowerPoint winner, Carter Kruse, 12th Grade at Tigard High School,link to presentation:http://prezi.com/cwkk-8w6tphoi/?utm campaign=share&utm medium=copy STAFF RECOMMENDATION /ACTION REQUEST n/a KEY FACTS AND INFORMATION SUMMARY Each year the Oregon Mayors Association and local Mayors sponsor the contest, open to students from 4th - 12th grades. Students are asked to share their creative ideas about what they would do as Tigard's mayor. Local winners in each category are awarded a$50 Visa gift card and recognition at the Tigard City Council meeting.Tigard's local winners will have their entry sent to Salem to compete in the statewide contest for a chance to win an iPad Air. OTHER ALTERNATIVES Make awards in none of the categories,or only in a category that receives an entry worthy of selection. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION Tigard has participated in this contest every year since 2007. Fiscal Impact Cost: 164.85 Budgeted (yes or no): yes Where Budgeted (department/program): 100-0500-54311 Additional Fiscal Notes: This amount is predicated upon the Mayor receiving a winning entry in each category. If that doesn't happen the cost could be less. $50 Visa gift card,plus $4.95 activation fee,times three. Attachments 2015 If I Were Mayor Contest Rules Carter Kruse Prezi presentation Avery Fleming Poster Avery Fleming note with poster If I Were Mayor, yvov •• • 2015 Student Contest Grades 4-12 Mayor Cook and the Oregon Mayors Association invite you to enter the 2015 "If I Were Mayor, I would..." contest. • , Share your creative ideas about what you would do as Tigard's mayor.Local winners in each category will be awarded a$50 Visa gift card and recognition at the Tigard City Council meeting on May 12,2015. The winning entries will go to Salem to compete in the statewide contest for a chance to win an iPad Air! Statewide winners will receive their prize during the OMA Summer Conference on July 31,2015 in Cottage Grove. CONTEST DEADLINE: Thursday, April 30, 2015 GENERAL RULES CONTEST ENTRY RULES * All submissions must be POSTERS: (Elementary School) accompanied by a completed * The poster contest is open to students enrolled in grades 4 and 5 or being home-schooled at the same entry form.All forms must be grade level for the 2014-15 school year. signed by the student's parent or guardian.Entry forms may * Poster size must be a minimum of 17 inches and a maximum of 28 inches in height or width. be photocopied. * Students are encouraged to be creative and may use an art medium e. g y y ( g.,poster paints,felt pens, * Only one submission per colored pencils,pastels,crayons,etc.). The poster may be in color or black and white. student will be accepted at the * The student's name and a daytime phone number or email address for their parent or guardian state level. must appear on the back of the poster. * Submissions will not be ESSAY: (Grades 6-8) returned and will become the property of the Oregon * The essay contest is open to students enrolled in grades 6 through 8 or being home-schooled at the Mayors Association(OMA). same grade level for the 2014-15 school year. * OMA retains the right to ', * Essays must be 500 to 1,000 words in length and typed. publish essays and posters i * The student's name and a daytime phone number or email address for their parent or guardian must along with the names and appear at the top of the essay. likenesses of each student. * Previous statewide winners VIDEO or POWERPOINT PRESENTATION: (Grades 9-12) may participate but are not * The video/PowerPoint contest is open to students enrolled in grades 9 through 12 or being home- eligible to receive prizes. schooled at the high school level for the 2014-15 school year. * League of Oregon Cities(LOC) * Presentations must be one to three minutes in length and submitted on DVD or CD. employees and dependents * The student's name and a daytime phone number or email address for their parent or guardian must are not eligible to enter. be written on the disk or disk sleeve. TIGARD STUDENTS ONLY—Submit your original work with a complete entry form to: AGO N Al q to City of Tigard, o MR Attention:Joanne Bengtson 13125 SW Hall Blvd.,Tigard,OR 97223 Questions?Call 503-718-2476. rro c 1"`No If I were Mayor,1: 1vaim 000 2015 Student Contest Offical Entry Form Grades 4-12 (This form must accompany EVERY contest entry) What Does a Mayor Do? Oregon mayors are elected by the voters in their city to serve as the chair of the city's governing body—the City Council.They are the recognized civic leader in the eyes of the community and the person who represents their city to other governments and individuals.The mayor presides over council meetings and participates in discussions.In many cases he or she votes on issues only in cases of a tie.Depending on the city's charter(the equivalent of a constitution),the mayor may also appoint committees to study public policy(in areas such as parks,transportation,community planning,libraries,traffic safety,etc.)with council approval,veto ordinances(city laws)passed by the council,and sign ordinances and other records approved by the council. Judging Criteria Judging of the local contest will be conducted by your city officials. A panel of Oregon mayors will conduct statewide judging. In selecting the winners, the judges will consider: * CREATIVITY — Does the student demonstrate curiosity and originality? * CLARITY/SINCERITY OF THOUGHT — Is the submission well thought out and organized? * PROPER USE OF GRAMMAR — Does the submission contain proper spelling,grammar and punctuation? * SUBJECT RELEVANCY — Are the major points relevant to the role of a government leader?Does the student demonstrate an understanding of municipal government and the job of mayor? PLEASE PRINT CLEARLY Name: Grade: Home address: City/state/zip: School: Sponsoring teacher: Name of parent/guardian: Email address: Daytime phone: Signature of parent/guardian(required for students under age 18): Verification Statement: I hereby verify that the student whose name appears on this entry form produced the work submitted. Signature of teacher or parent/guardian. Print name: Relationship: Submissions must be accompanied by a completed entry form and be received no later than April 30,2015. Student last name: City represented: TIGARD STUDENTS ONLY—Submit your original work with a complete entry form to: City of Tigard,Attention:Joanne Bengtson, 13125 SW Hall Blvd.,Tigard,OR 97223 Why AY? H FIlI11pI1 Ald —. .M,.n•W.,., r ....,,� a tNe..n«, 4ty IIIwM1yT .. .....,...,._.. - ^,syn♦« -_-^_ . . V^Y1 My Focus If I were Mayor of Tigard for one day,I would focus on the group / that is often left out of discussion. The youth of our city. steps M HeWmg wr N•n n.dn mr•rr, • lr,+nNY w,w•biw a n..wm,n trIV. ,:. ., alio rflm•.A..,rnl�md•mm<:raNnn,X� If I Were Mayor... .i M.unuu.tl munrYA lalrMNXu tM 4X nr My Focus If I were Mayor of Tigard for one day, I would focus on the group that is often left out of discussion . The youth of our city. My Reasoning? People may ask why is that what you would focus on with your day when there is so much else to be done? 400 Well simple... When my day is up and I am no longer Mayor, Tigard will go back to doing everything they do now! The City of Tigard does a great job at a lot of very important things. • Securing water for our future • Investing in and developing parks and trails • Promoting local business (With one Exception I will Mention) • Maintaining a wonderful school system and district with �+ Tualatin. a, With that said, I would use my one day to make as big of a difference as possible before they are overlooked again! u rt w i #1 Financial Aid If you are familiar at all with the Student Loan Debt Crisis, then you know that • The cost of higher education has risen 498% since 1985 • The average college student will graduate with around $30,000 in debt. • Student Loan Debt is one of the only - debts you cannot declare bankruptcy from. • The Federal Government makes over $60 BILLION a year from interest on federal loans. So how can I help? 1% 4 Steps in Helping 1 . Offer loan intere-st rate loans to Tigard High students for 2 years of Community College. This way students can finish their Pre-Req's and transfer to a 4 year University, and save tens of thousands of dollars. 2. Use leftover general funds from City Boards like Parks and Recreation to form City of Tigard • Scholarships in the amount of $1 ,00043,000. Don't let the unused money go back into the City's General fund, even $20,000 a year can make a huge difference. Why? • TO SHOW THE YOUTH THAT WE CARE ABOUT THEM. Students are NOT encouraged to pursue a higher education if they will just be overcome with debt upon graduation! 0000 #2 Recreation If I were Mayor I would build a YMCA recreation facility in Downtown Tigard R r ice "A+g My reasons are as follow... k „ s • Why A Y? Why Downtown? I can build a fully functional, 100,000 wale Our Ei—mown M-nl The w0l =5WD'w,K°`°'m°'h" square foot YMCA for $28 Million. OWER To OUR BUSINESSES wntown T"d bus—ses STRUGGLE ly.We are nut k,lnynnough n.nelp • I will use a bond measure, and after 20 •m ,kc D—Kown Tiga o a placc p—le nt t°he eon d iiollaacison our word it nd years this facility will be completely paid system,an aoimt to out MAet 'SAiut Stenon. off. • • This facility will include public meeting space. • This will only cost the average citizen of Tigard about $120 a year. • The YMCA will pay for all losses, ALWAYS(There is NO risk) • Seniors and families with less to spend can receive scholarships or even free membership. • Teenagers will finally have somewhere to go in Tigard. • This facility will bring over 60 jobs to potential teenagers saving for college. KT k.' #3Give the Youth Why Downtown ,A Spot at the Table _LA--1 Z8d h` y-th.fill n I thought you would never ask.. y aa.rd.r,,a ya„tl,ro au K. '�' s.""'au wp mp ntty m a hoII1e anti throeetd ro hL17-1 PURSUE youthM fillots so May are head althrI dymbdy sohpoL soreuseActivate Our Downtown Area.I This will n 1 saynobody brorn(t1OSe sparlabk.When I am NttyorPERSON vNus to the"o Sehool a s U t�ro apply rorrhoe�°� bring 25,000+ visitors a month to to tRR a se.my..- - downtown. h • WEbWE IT TO OUR BUSINESSES. Downtown Tigard businesses STRUGGLE the daily. We are not doing enough to help Nant them. rvho le�i4 Make Downtown Tigard a place people want to be. • The suggested location is on our wonderful s v trail system, and is adjacent to our TriMet WES/Bus Station. #3 Give the Youths A Sp Yes. Tigard does have an open spot on some City Boards for a youth to fill. But thats like writing a scholarship opportunity in a bottle and throwing it in Fano Creek. We need to ACTIVELY PURSUE youth to fill these spots so they are heard as well. I am the President of my school, so trust me when I say nobody knows those spots are available. When I am Mayor, I will make IN PERSON visits to the High School F and entice students to apply for these forgotten positions. t�t _ To put it simply... IUI yUuci I Nv�nwi Imo. To put it simplyits On Us . .. We cannot expect the youth p to always reach out to us to become involved . The City of Tigard NEEDS to • consider, value, and approach the youth of Tigard . This is what I want to do with my time as Mayor. If don't do it, I do not know who will . 4 The most walkable Tigard - f . community the Pacific Northwesta Fr• where people of all ages • i abilities enjoy Cook park healthy • interconnected lives. abilities park _ - - - Surnmerlakepark 1111 - Avery Jean Fleming 12876 Tigard OR, 97224 If I were the Mayor, I would put an all abilities park in Tigard. Tigard's vision is to be the most walkable community for people with all abilities. It would be great for our community to be able to include kids with disabilities and even parents. We have so many dog parks, skate parks, trail parks, soccer fields, and we even have a windmill park but we don't have an all abilities park. We have some unused park space right now and I think it would be the perfect opportunity to start building an all abilities park. AIS-2204 6. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 5 Minutes Agenda Title: Resolution Certifying that the City of Tigard Provides Services Qualifying for State-Shared Revenues Prepared For: Toby LaFrance,Financial and Information Services Submitted By: Liz Lutz,Financial and Inforination Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall the City Council approve a resolution certifying that the City of Tigard provides certain services making the city eligible to receive state shared revenues? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The city estimated the receipt of the following state shared revenues: Description FY 2014-15 ; FY 2015-16 Cigarette Tax 1 $61,375 $57,254 _.. _ ._.. ...__ ..._.._. _ ..._.. .. Liquor Tax _........_. .._? $699,675 ..,.. ,..,. $731,994 IState Gas Tax $2,809,993 1 $2,880,519 .. .. _ The State of Oregon requires the city to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760.The city does provide six of the seven required services and is therefore eligible for receiving the state shared revenues.The services that the city provides includes police services; street construction;maintenance and lighting;sanitary sewer and storm water management;planning, zoning and subdivision control and water utility.Approval of the attached resolution will meet the state of Oregon requirements for certification. OTHER ALTERNATIVES Do not accept the revenues from the State of Oregon. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Acceptance of these revenues will assist in the funding of the city focus points and strategies. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Fiscal Information: The revenue total for receiving state-shared revenues in FY 2016 is $3,669,767.The majority will be in the Gas Tax Fund of$2,880,519.The remainder is General Fund cigarette and liquor taxes totaling$789,248. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES. WHEREAS,ORS 221.760(1) provides as follows: The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820, and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1) Police protection (2) Fire protection (3) Street construction,maintenance and lighting (4) Sanitary sewers (5) Storm sewers (6) Planning,zoning and subdivision control (7) One or more utility services;and WHEREAS, City Officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with ORS 221.760 NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard hereby certifies that it provides the following six services enumerated in Section 1,ORS 221.760: (1) Police protection (2) Street construction,maintenance and lighting (3) Sanitary sewers (4) Storm sewers (5) Planning,zoning and subdivision control (6) Water utility SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 1 AIS-2205 7. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 5 Minutes Agenda Title: Resolution Declaring the City's Election to Receive State Revenue Sharing Prepared For: Toby LaFrance Submitted By: Liz Lutz,Financial and Information Services Item Type: Resolution Meeting Type: Council Public Hearing-Informational Business Update,Discussion,Direct Staff Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should the City of Tigard elect to receive State Revenues as outlined in ORS 221.770,State Revenue Sharing Law? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends adopting this resolution. KEY FACTS AND INFORMATION SUMMARY State Revenue Sharing Law,ORS 221.770,allocates a share of state liquor tax to cities on a formula basis.The law requires cities to annually pass an ordinance or resolution to request state revenue sharing money.The law also requires public hearings be held by the city and certification of these hearings is also required.The hearing on State Revenue Sharing was noticed and held as a part of the Budget Committee meeting on May 4,2015. In order to receive state revenue sharing in FY 2015-2016,the city must levy property taxes in the preceding year, which the city has done.The city estimates the receipt of$496,047 of state revenue sharing funds in the FY 2015-2016 budget. OTHER ALTERNATIVES Do not pass resolution. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Acceptance of this revenue will assist in the funding of city goals and strategies. DATES OF PREVIOUS CONSIDERATION NA Fiscal Impact Cost: NA Budgeted (yes or no): Yes Where Budgeted (department/program): General Fund Additional Fiscal Notes: Approval of this resolution would secure$496,047 of revenue for the General Fund. Attachments State Revenue Sharing Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING. WHEREAS, State Revenue Sharing Law, ORS 221.770, requires cities to annually pass an ordinance or resolution requesting state revenue sharing money;and WHEREAS, the law mandates public hearings be held by the city and that certification of these hearings is required;and WHEREAS,a public hearing was held on May 4,2015 at Budget Committee to receive State Revenue Sharing; and WHEREAS,in order to receive state revenue sharing in FY 2015-2016, the city must have levied property taxes the preceding year,and WHEREAS,the city did levy property taxes in FY 2014-2015. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Pursuant to ORS 221.770, the city hereby elects to receive state revenue sharing for the fiscal year 2015-2016. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 1 .r AGENDA ITEM No. 7 Date: June 9, 2015 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Due to Time Constraints City Council May Impose A Time Limit on Testimony r' AGENDA ITEM No. 7 Date: June 9, 2015 PLEASE PRINT Pro onent—(S eakin In Favor) Opponent— S eakin Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-2206 8. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 10 Minutes Agenda Title: Adopt Citywide Master Fees and Charges Schedule Replacing Resolution 04-99 and Resolution No. 14-31 and Subsequent Amendments Prepared For: Toby LaFrance,Financial and Information Services Submitted By: Liz Lutz,Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE As part of the annual budget process, the City Council has the opportunity to adjust fees and charges related to city services. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends that City Council adopt the attached resolution: 1.A resolution to adopt the Fees and Charges Schedule for FY 2015-2016 KEY FACTS AND INFORMATION SUMMARY Every fiscal year, a revised Master Fees and Charges Schedule is submitted to the City Council for approval along with the citywide operating budget. The attached schedule includes fee updates for most departments as several fees are adjusted annually using applicable indices. Included in the schedule are phased in fees such as water. These phased in fees have already been approved by City Council and are included in the FY 2016 Approved Budget. OTHER ALTERNATIVES Alter only those fees that are set by other agencies or are adjusted annually using an already approved formula. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The fees and charges help fund council focus strategies including the Strategic Plan and the Lake Oswego-Tigard Water Partnership. DATES OF PREVIOUS COUNCIL CONSIDERATION Council reviewed the Master Fees and Charges during the study session on May 12,2015. Fiscal Impact Fiscal Information: A summary of changes are detailed along with a memo. Attachments Resolution Memo to Council Summary of Fee Changes Exhibit A-Master Fees and Charges _ City of Tigard Memorandum To: City Council Members From: Carissa Collins, Sr. Management Analyst Re: FY 2016 Master Fees&Charges Schedule Date: May 19, 2015 Attached to the FY 2016 Master Fees and Charges Schedule is a two-page summary of all changes to the proposed schedule. You will find that each fee lists the description of the fee, the page number it is located on in the schedule, the basis for the change, the basis of authority for the change, and whether or not the fee is included in the budget. Please note the following explanation detailing whether or not the fee is included in the budget: "Y"—This indicates that the fee is included in the budget, and any changes are usually influenced by an index. This also means that the fee or charge has a measurable effect on revenues and expenditures within the budget. "N" —This indicates that the fee or charge is not included in the budget. These items typically do not occur very often, and have little measurable effect on revenues. If you have any questions or concerns,please feel free to contact me at 503-718-2643. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO 04-99 AND RESOLUTION NO 14-31 AND ALL SUBSEQUENT AMENDMENTS TO DATE. WHEREAS, the City of Tigard has a Master Fees and Charges Schedule that was adopted during the last budget hearings as Resolution 14-31;and WHEREAS,Resolution 04-99 increased planning fees and that increase is incorporated in the planning fee,and WHEREAS,city staff has reviewed fees and services provided; and WHEREAS, city staff has proposed new fees and changes to certain fees to recover costs or due to previously approved annual adjustment formulas;and WHEREAS,the city's Master Fees and Charges Schedule includes fees set by other agencies;and WHEREAS, Tigard Municipal Code (TMC) 3.32.050 requires that the Cite Council review fees and charges annually. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The fees and charges for the City of Tigard are enumerated and set as shown in the attached schedule (Exhibit A). SECTION 2: This resolution is effective July 1,2015. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 1 City of Tigard Memorandum To: City Council Members From: Carissa Collins, Sr. Management Analyst Re: FY 2016 Master Fees & Charges Schedule Date: May 19,2015 Attached to the FY 2016 Master Fees and Charges Schedule is a two-page summary of all changes to the proposed schedule. You will find that each fee lists the description of the fee, the page number it is located on in the schedule, the basis for the change, the basis of authority for the change, and whether or not the fee is included in the budget. Please note the following explanation detailing whether or not the fee is included in the budget: "Y" —This indicates that the fee is included in the budget, and any changes are usually influenced by an index. This also means that the fee or charge has a measurable effect on revenues and expenditures within the budget. "N" —This indicates that the fee or charge is not included in the budget. These items typically do not occur very often, and have little measurable effect on revenues. If you have any questions or concerns, please feel free to contact me at 503-718-2643. Exhibit A City of Tigard, Oregon Master Fees & Charges Schedule Fiscal Year 2015 - 2016 Adopted June 9,2015 1� TIGARD Page 1 �!e CITY MANAGEMENT Claims Application Fee(TMC 1.21.050&1.22;Ord.08-09) $1,000.00 /deposit* 6/24/2008 * Claim fee shall be actual cost incurred by the city to process claim. .Any funds remaining from the deposit after the claim has been processed will be refunded to the claimant.Payment of any costs exceeding the amount of the deposit is required prior to issuance of a final decision by the city on the claim. ADMINISTRATIVE SERVICES Municipal Court Fees Civil Compromise $150.00 8/28/2008 Traffic School and Compliance Program Fee Criminal $150.00 8/28/2008 Juvenile non-traffic $75.00 8/28/2008 Traffic School Equal to the relevant fine provided for the 8/28/2008 violation in the Violations Bureau Fine Schedule Traffic School Setover $20.00 8/28/2008 License Reinstatement $15.00 8/28/2008 Payment Agreement_Administrative Fee $15.00 8/28/2008 Overdue Payment Letter $10.00 8/28/2008 Show Cause Hearings-Court Costs 8/28/2008 Non-compliance $25.00 Non-payment-fees paid prior to hearing No Fee Warrant Fee $50.00 8/28/2008 CITY MANAGEMENT Public Assembly 8/25/1970 .Application Fee Persons Reasonably Anticipated 1,000 to 2,499 $100.00 2,500 to 4,999 $150.00 5,000 to 9,999 $500.00 10,000 to 49,999 $1,000.00 50,000 and over $1,500.00 ADMINISTRATIVE SERVICES/RECORDS Tigard Municipal Code(TMC) (Titles 1-17)or TMC/CDC(Titles 1-18) Compact Disk(CD) $10.00 7/1/2009 Page 2 Department Revenue Source Fee or Charge Effective Date CITYWIDE Attorney Time Current attorney billing rate 1999 2GB Flash Drives $11.00 each 7/1/2011 $6,00 7,11,12903 Candidate Nomination Petition Fee $50.00 DVD/VS CD @'� $10.00 7/1/22896 2015 Faxes for Public $2.00 /first page 7/1/2007 $1.00 /each additional page Microfiche Sheet Copies $1.00 /sheet up to 50 sheets plus 7/1/2007 staff time Microfilm/Microfiche&Photocopies 8-1/2 x 11 $0.25 /page 1999 11 x 14 $0.50 /page 1999 11 x 17 $1.00 /page 7/1/2005 17 x 24 $1.50 /page 7/1/2007 36 x 36 $2.50 /page 7/1/2007 Candidate Nomination Petition Fee $50.00 7/1/2008 Oversized Copies $2.50 /page 7/1/2011 Photographs Actual Cost 1999 Recording of Documents Actual Cost 1999 Research Fee Staff hourly rate+Citywide Overhead 2/7/2002 Fee+Materials Staff Hourly Rate for Miscellaneous Billing Staff hourly rate +benefits +paid time off+ 72 and Reimbursement Agreements administrative time+department overhead+ citywide overhead as determined by most recent A-87 Indirect Cost Study Based on the agreement,all,or part,of the components of the A-87 Indirect Cost Study may be used. Page 3 Department Revenue Source Fee or Charge Effective Date FINANCIAL& INFORMATION SERVICES Assessment Assumption $50.00 4/22/1985 Budget Document Compact Disk(CD) $10.00 7/1/2007 Paper $50.00 Business License .annual Fee' nn 2 empla__ es $86.00 �per yens- 6-19 employees $377.00 'per-yeas- 7,11,1201-4 44 _50 emplayeee $6fig 'per-yeaf 7,14,4944 $844.00 'pet ye" 7,14,12014 0-2 employees $88.00 /per year 7/1/2015 3-5 employees $118.00 /per year 7/1/2015 6-10 employees $415.00 /per year 7/1/2015 11-20 employees $680.00 /per year 7/1/2015 21-50 employees $780.00 /per year 7/1/2015 51-75 employees $850.00 /peryear 7/1/2015 greater than 75 employees $1,150.00 /per year 7/1/2015 *Adjusted annually in conjrnction with the Portland Consumer Price Index(CPI) Pro-Rated Fee Schedule Issued January 1 -June 30 See Fee Schedule above Issued July 1 -December 31 1/2 the annual fee Temporary License $25.00 1/1/2008 Duplicate License/Change of Ownership Fee Change in ownership or name only $10.00 1/1/2008 Copy/replacement of license $10.00 1/1/2008 Delinquency Charge percent(10%)of the original business license fee due and payable shall be added for each calendar month or fraction thereof that the fee remains unpaid. The total amount of the delinquency penalty for any business license year shall not exceed one hundred percent(100%)of the business license fee due and payable for such year. Page 4 Department Revenue Source Fee or Effective Dates Comprehensive Annual Financial Rem $0.00 2/7/2002 Franchise Fee/Right of Way Usage Fee(See TMC 15.06,) (Owns facility in ROW and provides service to customers Electricity within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015 (Owns facility in ROW and provides no service to customers Electricity within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015 or$4,000,whichever is greater (Using a non-owned facility in ROW and provides service to Electricity customers within Tigard) 5%of gross revenue 1/9/2015 (Owns facility in ROW and provides service to customers Natural Gas within Tigard) 59/10 of gross revenue or$4,000 whichever is greater 1/9/2015 (Owns facility in ROW and provides no service to customers Natural Gas within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015 or$4,000,whichever is greater (Using a non-owned facility in ROW and provides service to Natural Gas customers within Tigard) 5%of gross revenue 1/9/2015 (Owns facility in ROW and provides service to customers Telecom* within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015 Telecom* (Provides no service to customers within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015 or$4,000,whichever is greater (Using a non-owned facility in ROW and provides service to Telecom* customers within Tigard) 5%of gross revenue 1/9/2015 *(Includes telecommunication utilities, long distance providers, private networks and competitive access providers) Utility Franchise Application Fee $2,000.00 8/8/2006 Solid Waste Disposal(See TMC 11.04) 5%of gross revenue 7/1/2013 Cable TV(See TMC 5.12) 5%of gross revenue 1/26/1999 Application filed with MACC(email matt@maccor.org) Lien Search Fee $35.00 2/1/2004 Page 5 Department Revenue Source Fee or Charge Effective Date Overhead Fee Added to charges for property damage/repair 10%of total charge Passport Execution Fee $25.00 2/1/2008 Passport Photographs Fee $10.00 4/1/2007 Returned Check Fee $20.00 10/9/2001 Sewer Reimbursement District Loans Interest Rate applicable Federal Rate(AFR),Table,Long-term,semiannual for the month the loan is approved System Development Charge Financing(other than Sewer Reimbursement District Loansl Application Fee $25.00 Interest Rate Prime rate as published in the Wall Street Joumal as of the date of the application plus 4% Page 6 Department Revenue Source Fee or Charge ' Authu Effective Datit LIBRARY Collection Agency Fee $10.00 WCCLS 7/1/2007 Disk or CD(Blank) $1.00 Dept.Policy 2/7/2002 Flash Drive $5.00 each Dept.Policy 7/1/2013 Lihrary Card Fee(Lion-residents onlyd 6495-99 $110.00 per year WCCLS 7/1/393.42015 Lost Items RLplacement cost+$5.00 processing fee WCCLS 7/1/2003 Overdue Cultural Passes $10.00 per day WCCLS 7/1/2013 Overdue Items WCCLS Daily Charge(All Items except DVDs&Blu-Rays) $0.15 /item 7/1/2003 Daily Charge(DVDs&Blu-Rays) $1.00 /item 7/1/2005 Maximum Charge $5.00 /item 7/1/2005 F.-Readers $1.00 per day up to a maximum of$5.00 Dept.Polity 7/1/2014 Public Copier and Printer Chafes $0.10 /page for black&white Dept.Policy 2001 $0.50 /page for color 7/1/2011 Replacement Library Card Fee $1.00 7/1/2007 Page 7 _ _ Depatlmcnt v.._' Charge Fee or Char i Effective Date POLICE Alarm Permit Fee(_Residential&Commercial) (Gveruenen[ggeofier,dime/ed msidre[r or oirr for nge of 60 525.00 7/1/2(X)9 5100.00 7/1/2013 Late payment of fees/fines(after 60 days) Failure to Obtain Permit within 60 Days of Alarm Installation S11XL110 7/1/2013 Reinstatement Fee,Once Revoked(After 90 days past due) $loom11 7/1/2014 Non-permitted or Revoked Alarm Permit S500.1X1 7/1/2013 Distracted Driving Diversion Program S25.(X) 7/l/2014 False Alarm Fines 1st false alarm No Cbrrge No Chaise 7/1/2013 2nd Use alarm No Chat ,ge No O.Gn qr 7/1/3013 3rd false alarm S1lX),IXI 7/1/2013 4th false alarm $150.(X1 7/1/2013 5th false alarm 520 LIN) 7/1/2013 6 or more false alarms $2511.(X1 7/1/21113 Fingem,rint Card $15.(X)per card 7/1/2012 Good Conduct Background/Letter SlO.IX) 7/1/2012 Law Enforcement Officers Safety Act Oualification Fee $25.(X( 7/1/2tXK> Liquor License S25(X) 7/111/20(11 Police Services Fees DVD/Audio/VI IS lir7dence Copies 520.1111 7/1/2012 Police Documents/Reports SlO,IXI/for the first 15 pages and 7/1/21X18 50.30/page thereafter Police Digital Photo CD Copies S10.(X)/CD 7/l/21A)5 Police Photograph Copies $10.()0/roll 7/l/2M3 ProMrr4.Forfeiture for Criminal Activity Vanes 5/25/1999 Second Hand Dealers and Transient Merchant License Occasional S40.00 7/l/2010 Full-Time S l(X).(X) 7/1/2010 Reporting Forms $0.80 each 7/1/2010 Special Event Permit Application Fee For-Profit Fee(Resident) $150.00 7/1/2015 For-Profit Fee(Non-Resident) $200.00 7/1/2015 Non-Profit Fee(Resident) $75.00 7/1/2015 Non-Profit Fee(Non-Resident) $125.00 7/1/2015 Social Gaming License Annual fee due January 1st $1(X1.011 1/1/2014 if a business applies on or after July Ist 550.00 7/1/2014 Vehicle Release Fee S125.(X) 7/1/21113 Page 8 Department Revenue Source J jog&Charg Authority Effective Date COMMUNITY DEVELOPMENT-BUILDING Building Permit Fees (New Commercial) 10/1/2009 Total Valuation: $0.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 $51.09 /for the first$500 and 52.69 /for each additional$100 or fraction thereof. S2,000.01 to$25,000.00 $91.44 /for the fust S2,000 and 510.76 /for each additional$1,000 or fraction thereof 525,000.01 to$50,000.00 5338.92 /for the fust$25,000 and $8.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $540.42 /for the first$50,000 and $5.38 /for each additional$1,000 or fraction thereof 5100,000.01 and over 5809.42 /for the first$100,000 and 54.49 /for each additional 51,000 or fraction thereof (New Single Family&Multi-Family) 10/1/2009 Total Valuation: $0.00 to 52,000.00 566.25 /minimum $2,000.01 to$25,000.00 $66.25 /for the first$2,000 and 511.48 /for each additional S1,000 or fraction thereof $25,000.01 to 550,000.00 $330.29 /for the first 525,000 and $8.75 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $549.04 /for the first$50,000 and $6.25 /for each additional$1,000 or fraction thereof $100,000.01 to$250,000.00 $861.54 /for the first$100,000 and $4.46 /for each additional$1,000 or fraction thereof 5250,000.01 to$500,000.00 $1,530.54 /for the first$250,000 and S4.42 /for each additional$1,000 or fraction thereof $500,000.01 to 51,000,000.00 $2,635.54 /for the first$500,000 and $4.10 /for each additional$1,000 or fraction thereof Page 9 S1,000,000.01 to S2,000,000.00 S4,685.54 /for the first 51,000,000 and $3.33 /for each additional$1,000 or fraction thereof S2,000,000.01 and over S8,01 5.54 /for the first$2,000,000 and 53.18 /for each additional 51,000 or fraction thereof (Additions,Alterations,and Demolitions for Single Family,Multi-Family,Commercial,&Industrial) 10/1/2009 Total Valuation: S0.00 to S500.00 $53.27 /minimum $500.01 to$2,000.00 $53.27 /for the first$500 and $3.39 /for each additional$100 or fraction thereof $2,000.01 to$25,000-00 $104.12 /for the first$2,000 and 515.21 /for each additional$1,000 or fraction thereof 525,000.01 to 550,000.00 S453.95 /for the first 525,000 and $11.02 /for each additional 51,000 or fraction thereof $50,000.01 to 5100,000.00 5729-45 /for the first$50,000 and S7.53 /for each additional$1,000 or fraction thereof 5100,000.01 to$500,000.00 S1,105.95 /for the first$100,000 and $6.04 /for each additional$1,000 or fraction thereof S500,000.01 to 51,000,000.00 S3,521.95 /for the first$500,000 and 55.09 /for each additional 51,000 or fraction thereof $1,000,000.01 and over S6,066.95 /for the first$1,000,000 and S3.39 /for each additional$1,000 or fraction thereof Building Plan Review Fee 65%of base building permit fee 9/26/2000 Deferred Submittals 5200.00 minimum fee 9/24/2002 plan Review plus 65%of budding permit fee based on valuation of the particular portion or portions of the project. Phased Permitting S200.00 9/24/2002 Plan Review plus 10%of budding permit fee based on total project valuation not to exceed S1,500 for each phase Page 10 Department Revenue Source Fee or Charge Authorio. Effective Date Photovoltaic Solar Panel System 5180.00 (includes plan review and administrative fees) 1/1/2011 plus 12%state surcharge of permit fee Electrical Fees 10/1/2009 New residential,single or multi-family per dwelling unit;service included: 1000 square feet or less 5168.54 Bach additional 500 square feet or portion thereof $33.92 Limited energy,residential or multi-family $75.00 (with above sq ft) Each manufactured home or modular dwelling service or feeder S67.84 Services or feeders;installation,alterations or relocation: 200 amps or less $100.70 201 amps to 400 amps $133.56 401 amps to 600 amps $200.34 601 amps to 1000 amps $301.04 Over 1000 amps or volts 5552.26 Reconnect only 567.84 Temporary services or feeders;installation,alteration or relocation: 200 amps or less 559.36 201 amps to 400 amps 5125.08 401 amps to 600 amps $168.54 Branch circuits;new,alteration or extension per panel: With purchase of service or feeder-each branch circuit 57.42 Without purchase of service or feeder First Branch Circuit 556.18 Each addit.Branch circuit $7.42 ivfiscellancous(service or feeder not included): Each pump or irrigation circuit 567.84 Each sign or outline lighting $67.84 Signal circuit(s)or a limited energy panel,alteration or extension $75.00 Each additional inspection over the allowable in any of the above Per Inspection S66.25 /hour(min 1 hour) Per If our S66 25 /hour(min 1 hour) Industrial Plant Inspection S78.18 /hour(min 1 hour) Page 11 Department Revenue Source Fee or Cham - Authority Effective Date Renewable Energy Electrical lees: 5 kva or less $100.70 7/1/2012 5.01 to 15 kva $133.56 7/1/2012 15.01 to 25 kva $200.34 7/1/2012 Wind generation systems in excess of 25 kva: 25.01 to 50 kva 5301.04 7/1/2012 50.01 to 100 kva S552.26 7/1/2012 >100 kva the permit fee shall be calculated in accordance with OAR 918-309-0040. Solar generation systems in excess of 25 kva: Each additional kva over 25 $7.42 7/1/2012 >100 kva no additional charge Each additional inspection over allowable in any of the above: Each additional inspection will be charged S66.25/hr 7/1/2012 at an hourly rate(1 hr minimum) Misc. fees at an hourly rate(1 hr minimum,' $90.00/hr 7/1/2012 Electrical permit plan review fee 25%of the electrical permit fee Fire Protection Systems 10/1/2009 (Commercial Fire Suppression-Sprinkler,Alarm and Type I-Hood systems based on project valuation) Total Valuation: 50.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 851.09 /for the first$500 and $2.69 /for each additional$100 or fraction thereof $2,000.01 to 525,000.00 $91.44 /for the first 52,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 5338.92 /for the first$25,000 and 58.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $509.42 /for the fust$50,000 and $5.38 /for each additional$1,000 or fraction thereof 5100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional 51,000 or fraction thereof Page 12 Authority Effective Date Fire Life Safety Plan Review 40%of base building permit fee 9/26/2000 (Commercial Only,) Fire Protection Systems 10/1/2009 (Residential Fire Suppression) Stand:\lone System Sauarc Foota4: 1 to 2,000 $198.75 2,001 to 3,600 5246.45 3601 to 7,200 $310.05 7,201 and over $404.39' Multipurpose or Continuous Loop System Square Footage: 0 to 2,000 $121.90 2,001 to 3,600 $169.60 3,601 to 7,200 $233.20 7,201 and over $327.54 Manufactured Dwelling Installation $305.50 9/24/2002 Manufactured Dwelling and Mobile Home Per OAR 9/24/2002 Parks,Recreation Camps,and Organizational Camps Mechanical Fees 10/1/2009 (1&2 Family Dwellings for New,Additions,or Alterations) Heating/Cooling. Air conditioning $46.75 Furnace 100,000 BTU(ducts/vents) $46.75 Furnace 100,000+B'TU (ducts/vents) $54.91 Heat pump $61.06 Duct work $23.32 Hydronic hot water system $23.32. Residential boiler(radiator or hydropic) $23.32 Unit heaters(fuel-type,not electric), in-wall,in duct,suspended,etc. $46.75 Flue/vent for any of above $23.32 Other $23.32 Page 13 Department Revenue Source ` ' Fee or Charge Authority _ Effective Dam Othcr fucl apphanccs: Water heater $23.32 Gas fireplace $33.39 Fluc/vent for water heater or gas fireplace $23.32 Log lighter(gas) $23.32 Wood/pellet stove $33.39 Wood fireplace/insert $23.32 Chimney/liner/flue/vent $23.32 Other $23.32 I:nvironmental exhaust and ventilation: Range hood/other kitchen equipment $33.39 Clothes dryer exhaust $33.39 Single-duct exhaust(bathrooms, toilet compartments,utility rooms) $23.32 .Attic/crawlspace fans 523.32 Other $23.32 Fuel piping: First four $14.15 Each additional $4.03 Minimum permit fee $90.00 Mechanical plan review fee 25%of Permit Fee Mechanical Permit Fees 10/1/2009 (Commercial and Multi-family) Total Valuation: $0.00 to$500.00 $69.06 /minimum $500.01 to$5,000.00 $69.06 /for the first$500 and $3.07 /for each additional$100 or fraction thereof $5,000.01 to$10,000.00 $207.21 /for the first$5,000 and $2.81 /for each additional$100 or fraction thereof $10,000.01 to$50,000.00 $347.71 /for the first$10,000 and $2.54 /for each additional$100 or fraction thereof $50,000.01 to$100,000.00 $1,363.71 /for the first$50,000 and $2.49 /for each additional$100 or fraction thereof $100,000.01 and over $2,608.71 /for the first$100,000 and $2.92 /for each additional$100 or fraction thereof Plan Review 25%of permit fee 9/24/2002 Page 14 Department , evenu rce ee or Char- Plumbing ham Authority Effective Date Plumbing Fees 10/1/201 (Commercial,Industrial,Residential,&Multi-Family) New One&Two Family Dwellings 1 bath $312.70 2 bath $437.78 3 bath 5500.32 Each additional bath/kitchen fixture $25.02 Site Utilities Catch basin or area drain 518.76 Drywcll,leach line,or trench drain $18.76 Footing drain,first 100' $50.03 Each additional 100'or part thereof (footing drain) $37.52 Manufactured home utilities $50.03 Manholes 518.76 Rain drain connector $18.76 Sanitary sewer,fust 100' S62.54 Stone sewer,fust 100' S62.54 Water service,fust 100' S62.54 Each additional 100'or part thereof (sanitary,storm,water service) $37.52 Fixture or Item Backflow prevcntcr $31.27 Backwater valve 512.51 Clothes washer $25.02 Dishwasher $25.02 Drinking fountain $25.02 Ejectors/sump $25.02 Expansion tank $12.51 Fixture/sewer cap $25.02 Floor drain/floor sink/hub $25.02 Garbage disposal 525.02 Hose bib 525.02 Ice maker 312.51 Interceptor/grease trap $25.02 Medical gas(value:S ) see table Primer S12.51 Roof drain(commercial) $12.51 Sink/basin/lavatory $25.02 Solar units(potable water) $62.54 Tub/shower/shower pan 512.51 Page 15 Department Revenue Sour Amber Charglad& MI I mi I ft- Authority Effective Date Urinal 525.02 Water closet $25.02 Water heater 537.52 Water Piping/DWV $56.29 Other: $25.02 Minimum permit fee $72.50 Plumbing plan review 25%of permit fee Medical Gas Systems Total Valuation: 51.00 to$5,000.00 $72.50 /minimum $5;.000.01 to$10,000.00 $72.50 /for the first S5,000 and 51.52 /for each additional$100 or fraction thereof,to and including$10,000. $10,000.01 to$25,000.00 $148.50 /for the first$10,000 and S1.54 /for each additional$100 or fraction thereof,to and including$25,000. $25,000.01 to$50,000.00 $379.50 /for the first$25,000 and $1.45 /for each additional$100 or fraction thereof,to and including$50,000. $50,000.01 and over $742.00 /for the first$50,000 and $1.20 /for each additional$100 or fraction thereof. Restricted Ener" 6/27/2000 Residential Energy Use,for all systems combined $75.00 Commercial Energy Use,for each system $75.00 Sanitary Sewer Inspection Fee 6/6/2000 Residential $35.00 Commercial $45.00 Industrial 575.00 Site Work/Grading Permit Fees 10/1/2009 Bared on project valuation-See Building Permit Fees(New Commerical). Page 16 Department Revenue Source Fee or Charge Authority Effective Date Miscellaneous Fees Administrative fee to change issued permits,including but not limitcd u,: Address change(minimum charge-one-half hour) $90.00 per hour Dept Policy 7/1/2014 Contactor change(minimum charge-one-half hour) $90.00 per hour Dept Policy 7/1/2014 Process and handling fee to mail permits with plans $5.00 Dept.Policy 7/1/2014 Fee paid inspections for residential structures pursuant to Title 14,Chapter 16 6/27/2000 Single&Two Family Dwellings $100.00 Apartment I louses&Social Care Facilities S160.00 /plus$7 for each dwelling unit in excess of 3 Hotels $160.00 /plus$5 for each dwelling unit in excess of 5 Information Processing&Archiving(IPA)Fee $2.00 /sheet larger than 11"X 17" 7/1/2010 $0.50 /sheet 11"X 17"and smaller Investigation Fee $90.00 per hour(average cost) 1/1/2014 (mimmum charge: one-half boor) Phased Occupancy $200.00 6/27/2000 Permit or Plan Review Extension $90.00 Temporary Occupancy $90.00 Other Inspections&Fees: 1. Inspections outside of normal business hours 10/1/2009 (minimum charge-2 hours) $90.00 per hour 2 Reinspection fees $90.00 per hour 10/l/2009 3. Inspections for which no fee is specifically 10/1/2009 indicated(minimum charge:one-half hour) $90.00 per hour 4. Additional plan review required by changes, 10/1/2009 additions or revisions to plans(minimum charge:one-half hour) $90.00 per hour **A 12%surcharge fee as mandated by the State Building Colles Division it applied to allpermit fees,rnvertigation feet and inspectionfees luted above. Page 17 Department Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Accessory Residential Units 534389 $ 403.00 7/1/�, ,2015 Annexation "'�'.^8 $ 3,780.00 7/1/?9442015 Appeal Director's Decision(Type 11)to Hearings Officer e2er $ 343.00 7/1/?844 2015 Expedited Review(Deposit) $954.99 $ 412.00 7/1/2-844 2015 Hearings Referee $385:88 $ 687.00 7/1/8944 2015 Planning Commission/Hearing's Officer to City Council 63,'34;;9 $ 3,801.00 7/1/?H44 2015 .A.VVroyal Extension $34399 $ 40300 7/1/?9442015 Colocation(of Wireless Communication Facilites) $52.00 TMC 18.798 7/1/2013 Conditional Us, Initial $6,494.00 $ 7,526.00 7/1/?9442015 Major Modification $6;394.98 $ 7,526.00 7/1/28442015 Minor Modification $784-99 $ 824.00 7/1/--944 2015 Design Evaluation Team(DET) Recommendation(deposit) $788-99 $ 2,101.00 7/1/80442015 Development Code Provision Review Single-Family Building Plan $56.00 $ 101.00 7/1/244I4 2015 New/Additions/Accessory(including,but not limited to,garages,carports,porches,patios,decks, storage sheds,awnings,steps and ramps) Commereial/Industrial/Institution-New $34309 $ 403.00 7/1/28412015 Commercial/Industrial/In stitution- Tenant Improvements in Existing Development Project Valuation up to 54,999 $0.00 Project Valuation 55,000-$74,999 $86.88 $ 101.00 7/1/4-444 2015 Project Valuation$75,000-$149,999 $245.00 $ 252.00 7/1/?8442015 Project Valuation 5150,000 and more $343:89 $ 403.00 7/1/2-4-1-4 2015 Page 18 Department R evc p• nue Source ' ee or Charge:, ot4ty 'Effective I1af Downtown Review Compliance Letter 67(4:89 $ 824.00 7/1/294 2015 Downtown Design Administrative Review Under S1,000,000.00 $4,639.99 $ 1,926.00 +0.004 x project valuation 7/1/4-814 2015 51,000,000.00 and over(max fee$25,000.00) $6,348.89 $ 7,425.00 +0.002 x project valuation 7/1/?914 2015 Downtown Design Review-Design Review Board S;,;25.00 $ 3,908.00 +applicable Type I1 fee 7/l/2014 2015 Hearing PosiRonement $399:89 $ 458.00 7/1/201-12015 Historic Overlay/Review District Historic Ovcrlay Designation S5;89?99 $ 5,884.00 7/1/2-9442015 Removal Historic Overlay Designation 55;99;.98 $ 5,884.00 7/1/42(44 2015 Exterior Alteration in Historic Overlay District 6754.99 $ 883.00 7/1/2-044 2015 New Construction in I Iistoric Overlay District 6754.99 $ 883.00 7/1/-20"2015 Demolition in I Iistoric Overlay District $754.9@ $ 883.00 7/1/2_944 2015 Home Occupation Permit 1',PCI 9448.99 $ 139.00 7/1/2-914 2015 Type II $704.99 $ 824.00 7/1/?014 2015 Interpretation of the Community Development Code Directors Interpretation $784:89 $ 824.00 7/1/9914 2015 Appeal to City Council $3?34.99 $ 3,801.00 7/1/3944 2015 Land Partition Residential and Non-Residential(3 Lots) $4,634.00 $ 5,445.00 7/1/3844 2015 Residential and Non-Residential(2 lots) $3,854.99 $ 4,528.00 7/1/39442015 Expedited $5;49;.99 $ 6,354.00 7/1/29442015 Final Plat $4,,94.99 $ 1,265.00 7/1/22944 2015 Lot Line Adjustment X794-99 $ 824.00 7/1/28442015 Minor Modification to an Approved Plan $794-99 $ 824.00 7/l/2-044 2015 Non-Conforming Use Confirmation $;94-88 $ 824.00 7/l/204 4 2015 Planned Development Conceptual Plan Review $9;868.99 $ 10,657.00 7/1/2-94-4 2013 Detailed Plan Review(Concurrent I searing) Applicable SDR Fee or Subdivision Fee+$43999 $516.00 7/l/2014 2015 Detailed Plan Review(Separate I rearing) AppGeable SDR Fee or Subdivision Fee+$2,q06.90 53,180.00 7/1/?844 2015 Page 19 Department Revenue Source Fee or Charge Authority Effective Datd Sensitive Lands Review With Excessive Slopes/Within Drainage Ways/ 6494.90 $ 824.00 7/1/29+4 2015 Within 100-Fear Floodplain CType I) With Excessive Slopes/Within Drainage Ways/ $3;9;6x.99 $ 3,615.00 7/1/904 4 2015 Within Wetlands(Type II) With Excessive Slopes/Within Drainage Ways/ $$3,323:9^e $ 3,905.00 7/l/2014 2015 Within Wetlands/Within the 100-bear Floodplain CTypc III) Sign Permit Existing and Modification to an Existing Sign (No Size Differential) 6i9?89 $ 226.00 7/1/28-1-4 2015 Temporary Sign(per Sign) 861.99 $ 72.00 7/1/2411 2015 Site Development Review&Major Modification Under S1,000,000.00 85;434.99 $ 6,385.00 7/l/3-41-4 2015 51,000,000.00/ON-er 57;95469 $ 8,295.00 7/1/24442015 (+$6.00/per each$10,000.00 over$1,000,000.00) Minor Modification S;N.90 $ 824.00 7/1/2444 2015 Page 20 Department Revenue Sour Fee or Charge Authority Effective Date, JubLin Ision Preliminary Plat without Planned Development $6;2;3/+$93.00 per lot $ 7,372.00 7/l/204,12015 Preliminary Plat with Planned Development $8,69-2.0 $ 10,202.00 7/l/2-94-4 2015 Expedited Preliminary Plat without Planned Development 64-494..^99 $ 8,451.00 7/1/30142015 Hxpedited Preliminary Plat with Planned Development 67,49-2.88 $ 8,452.00 7/1/4-814 2015 Final Plat 62,469.99 $ 2,549.00 7/1/2&1-42015 Plat Name Change $392.99 $ 460.00 7/l/204 4 2015 Temporary Use Director's Decision $34398 $ 403.00 7/1/394-4 2015 Special Exemption/Non-Profit $0.00 Special Mixed Use-Central Business District Zone Rate 1st Temporary Use in a Calendar Year $34308 $ 403.00 7/1/2A3-4 2015 2nd-Through 5th Temporary Use With Substantially the Same Site Plan Within A Calendar Year $64.89 $ 72.00 7/1/2844 2015 Urban Forestry I\pc I Modification to the Urban Forestry Plan Component of an Approved Land Use Permit 866.98 $ 793.00 7/1/34444 2015 Type III Discretionary Urban Foresrry Plan Revicw Permit with concurrent Type III review CAS $ 496.00 7/l/2-044 2015 Type III Discretionary Urban Forestry Plan Review Permit without concurrent Type III review 62,692.99 $ 3,057.00 7/l/3-44-4 2015 Page 21 Variance/Adjustment Administrative Variance 5454 99 $ 883.00 7/1/?9442015 Dci-elopmcntAdjustment 5343-99 $ 403.00 7/1/a-44-4 2015 Special Adjustments .Adjustment to a Subdivision 934309 $ 403.00 7/1/391-4 2015 Reduction of Minimum Residential Densin 5343-99 $ 403.00 7/1/4-644 2015 .\ccess/Egress Standards Adjustment 9:5i.00 $ 883.00 7/1/39442015 Parking Adjustments Reduction in Minimum or Increase In Maximum Parking Ratio 57544 $ 883.00 7/1/a-0442015 Reduction in New or l,xisting Development/Transit Impri-mnt S754.00 $ 883.00 7/1/394 2015 Reduction in Bicycle Parking S754.99 $ 883.00 7/1/?H44 2015 Alternative Parking Garage Lavout 5;51.99 $ 883.00 7/1/4H42015 Reduction in Stacking Lane I.ength 5343:99 $ 403.00 7/1/ 42015 Sign Code Adjustment ps;..99 $ 883.00 7/1/22234 2015 Street Improi-cment Adjustment 599 $ 883.00 7/1/4-444 2015 Wireless Communication Facility Adjustments Setback from Nearby Residence S;54.99 $ 883.00 7/1/x&142015 Distance from Another'lower 534399 $ 403.00 7/1/2H 2015 Zoning Map/Text Amendment I.cgislativc-Comprehensive Plan "^,DTOTJT99 $ 12,639.00 7/1/?9442015 I egislative-Communitc Development Code '84,394-99 $ 5,160.00 7/1/ 044 2015 Quasi-judicial 54,946..99 $ 4,755.00 7/1/201 4 2015 Zoning Analysis(Detailed) SW9499 $ 824.00 7/1/--44-4 2015 Zoning Inquiry Letter(Simple) 54.93-99 $ 120.00 7/1/--,44 2015 COMMUNITY DEVELOPMENT- MISCELLANEOUS FEES&CHARGES Plan Copies $2.50 7/1/2007 Community Development Code CD Rom 510.00 Tigard Comprehensive Plan $75.00 7/1/2011 GIS Maps* 8-1/2"x 11" Non Aerial S2-50 7/1/2011 Aerial 54.00 7/1/2011 11"x 17" Page 22 Department Revenue Source Fee or Charge71 `" Ai't ty E2!e� Non Acnal $5.00 7/1/2011 Aerial $7.00 7/1/2011 17"x 22" Non Aerial $11.00 7/1/2011 Aerial $15.00 7/1/2011 34"x 44" Non Aerial $25.00 7/1/2011 Aerial $30.00 7/l/2011 Custom Maps Staff Hourly Rate Information Processing&Archiving(IPA)Fee Temporary Sign $5.00 7/l/2010 Type I Review $18.00 7/1/2010 Type 11 Review $175.00 7/1/2010 Type III Review $200.00 7/1/2010 Type iV Review $200.00 7/1/2010 Neighborhood Meeting Signs(Land Use) $2.00 1997 Oversize Load Permit $200.00 7/1/2005 Planimetric Mans Bluclirne print-quarter section $5.00 Mylar-quarter section $150.00 /+reproduction cost Retrieval of Materials Confiscated in ROW Lawn and A-board signs $40.00 /sign 7/1/2010 Other signs and materials(based on size and value) City Manager's Discretion 7/1/2010 (per TMC 7.61.035 Ord 10-06) Tigard TransRortation System Plan $75.00 7/1/2011 Washington Square Regional Center 1999 Task Force Recommendations $10.00 Master Plan Map(Zoning/Plan) $2.50 Page 23 Department Revenue Source j,•Fee or Char " Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Blasting Permit- $364.90 $428.00 7/1/2014 2015 Fee in Lieu of Sewer Based on actual cost of sewer connection, 1998 if sewer was available (MW-CBD zone only) the current Washington County Assessor-determined real market value of the land(not improvements)by 10%. Sanitary Sewer Connection Fee $4;900:90 $;4 (This fee is determined by Clean Water Services. $5,100.00 /dwelling unit 7/1/2015 The City of Tigard receives 3.99%of fees collected.) Water Ou"Facility Fee(Fee set by Clean Water Services) 6/6/2000 (City receives 100%of fees collected) Residential Single Family $225.00 /unit Commercial&Multi-family $225.00 /2,640 sq.ft of additional impervious surface Water Quantity Facility Fee(Fee set by Clean Water Services) 6/6/2000 (City receives 100%of fees collected) Residential Single Family $275.00 /unit Commercial&Multi-family $275.00 /2,640 sq.ft of additional impervious surface Metro Construction Excise Tax 12%of building permits for projects 7/1/2006 (City will retain 5%for administrative expenses) with a total valuation of$100,001 or more; (Tax set by Metro,but collected by cities) not to exceed$12,000. School District Construction Excise Tax (City will retain 4%for administrative expenses) (Tax set by school districts based on ORS 320.170-189 and collected by cities) Beaverton School District $1.17 /sq.ft.residential construction 7/1/2014 $0.58 /sq.ft.commercial construction 7/1/2014 Tigard-Tualatin School District $1.14 /sq. ft.residential construction 7/1/2014 $0.57 /sq. ft.commercial construction 7/1/2014 Page 24 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT- MISCELLANEOUS DEVELOPMENT Urban Forestry Hazard Tree Dispute Resolution Fee $165.00 $194.00 + $55.00 each additional tree 3,11{2013 7/1/2015 In Lieu of Planting Fees (Planting&3 Year Maintenance) Street Tree $537.00 $631.00 per 1.5"caliper tree 3/1� 7/1/2015 Open Grown Tree x=99 $631.00 per 1.5"caliper tree z'�3 7/1/2015 Stand Grown Tree $383.00 $450.00 per tree 2'in height or 1 gallon container 2/1� 7/1/2015 Tree Permit Fees(Complex) City Board or Committee $307.00** City Manager No Charge 3/1/2013 Tree Canopy Fee $2.95 per square foot of tree canopy 3/1/2013 Urban Forest Inventory Fees Open Grown Tree $447.00 $173.00 +$28.00 each additional tree 7/1/2-04-4 2015 Stand of Trees P95.00 $230.00 +$44.00 each additional stand 7/1/2914 2015 Tree Establishment Bond (Planting&Early Establishment) 1.5"Caliper Minimum Street or Open Grown Tree in Subdivisions or Minor Land Partitions $4$ 99 $575.00 per tree 2/1 7/1/2015 1.5"Caliper Alinimum Street or Open Grown Tree in Land Use Review Types other than Subdivisions or l,linor Land Partitions $444.00 $519.00 per tree 3,4,1-204A 7/1/2015 2'in Height or 1 Gallon Container Minimum Stand Grown Tree in Subdivisions or Minor Land Partitions $3699 $431.00 per tree 344,12013 7/1/2015 2'in Height or 1 Gallon Container \ iinimum Stand Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions $351.99 $412.00 per tree 3,14,401; 7/1/2015 Vacation(Streets and Public Access) $2,5 $3,049.00 /deposit+actual costs 7/1/3914 2015 *Per Ord 03-i9,fee it adjusted pearl,barer/on dx Constnrction Cort Index for dbe Gd y of Seaule ar published in the April issue of Engineering Newr Record and per Ord 04-99 incbrde r the 14.76%I.Ang Range Planning Srrrcbarge. **8307.00 per tree up to and including 10 trees.If over 10 trees,the applicant submits a deposit of$307.00 far each tree over 10 trees up to a maximum of$5000.00.The applicant is charged actual staff time to process the permit and will be refunded the balance of the deposit if any remains after the review is complete Page 25 Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS Addressing Assignment Fee 10/29/2003 Community Garden Plot Rental Large S40.00 /year 7/1/2010 Small 520.00 /year 7/1/2010 Engineering Public Improvement Design Standards 55.00 For printed version only 7/15/1998 Local Improvement District Assessments Actual Cost 7/24/1996 Park Reservation Fees Application Fee Resident 525.1111 /per event 7/1/2010 Non-Resident $50.00 /per event 7/1/2010 Rental Change Fee $15.00 /per event 7/l/2011 Organized Group livent Processing Fce 550.00 /per event 7/1/2012 Event Monitor S15.1N1 /hour 7/7/2012 Special Use/Alcohol Permit Fee 525.011 /per event 7/1/2010 (Fee arressed at time o/'rrsenation) Special Event Permit Fcc(First 3 hours) $75.00 0 to 100 people 7/1/2013 5175.00 101 to 200 people 7/1/2013 5275.00 201 to 500 people 7/1/2013 S475.00 501 to 2000 people 7/1/2013 81,0[X1.0(1 2001 and more 7/1/2013 (Each Additional[[our) $25.1X1 0 to 100 people 7/1/2013 S55.(X) 101 to 200 people 7/1/2013 S90.(X) 201 to 500 people 7/1/2013 5155.00 501 to 2000 people 7/1/2013 53311.00 2001 and more 7/1/21113 Shelter Rental Fees(2 hour minimum) Shelter#2 Resident $35.00 /hour 7/1/2012 Non-Resident $70.00 /hour 7/1/2012 Shelter#1,#3,#4,Bishop/Scheckla Pavilion,&Summerlake Resident $25.011 /hour 7/1/2012 Non-Resident $50.00 /hour 7/1/2012 Page 26 Department Revenue Source '° "' Effective Date Soccer/Ball Field Rental Fee(2 hour minimum) Resident 510.00 /hour 7/1/2010 Non-Resident S2O.(X) /hour 7/l/2010 Deposit May be required for some event,;to mitigate Not to exceed$4(x) 7/1/2010 possible cleanup and/or damages. Reimbursement District Application Fee $300.00 1/27/1998 Reimbursement District Fee Not to Exceed$6,000.00 unless reimbursement fee exceeds$15,000.00. 7/1/2(01 Any amount over$15,000.(x)shall be reimbursed by the owner;$6,000.(0 limit valid for only 3 years from Council approval of district cost. Street Maintenance Fee,(TMC 15.20) \lonthly Residential Rate-Single and Multi-Family Slr4-2 $6.39 /unit 1/1/2(4316 Monthly-Non-Residential Rate 9448 $1.44 /per min requiredparking space 1/1/2(4316 Staff Review No Charge City Council Written Appeal Filing Fee $3(x).0() Solid Waste Compactor Permit 51110.00 Page 27 Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-DEVELOPMENT ENGINEERING Erosion Control Inspection Fee With Development Construction Cost Estimate$0-$25,000 $80.70 7/1/2014 Construction Cost Estimate$25,001-$50,000 $107.60 7/1/2014 Construction Cost Estimate$50,001-$100,000 $161.40 7/1/2014 Construction Cost Estimate over$100,000 $161.40 plus$75 per$100,000 or fraction thereof 7/1/2014 exceeding the first$100,000 Without Development 0-0.99acres $322.80 7/l/2014 lacre of greater $322.80 plus$150 per acre or fraction thereof 7/1/2014 Reinspection Fee $96.84 per hour with a minimum of 1 hour 7/1/2014 Plan Check included in inspection fee 7/1/2014 Plan Resubmittal Review $96.84 per hour with a minimum of 1/2 hour 7/1/2014 Fee In Lieu Of Bicycle Striping 8-inch white stripe $2.69 /linear foot of frontage 7/1/2014 Bike lane legends $188.30 /each 7/1/2014 Directional mini-arrows $107.60 /each 7/1/2014 Mono-directional reflective markers $4.30 /each 7/1/2014 Fee In Lieu Of Undergrounding $35.00 /lineal feet of frontage 10/29/2003 Public Facility Improvement Permit 2%plan review plus 7/1/2009 5%of estimated cost of public improvement with a 7/1/2005 $300 minimum Streetlight Energy&Maintenance Fee Based upon PGE Schedule#95 Option"A" for the first two years costs 2000 Traffic/Pedestrian Signs Cost of materials and labor 2/7/2002 Page 28 Department Revenue Source Fz � nM1y B'&crive Dat PUBLIC WORKS-UTILITIES Booster Pump Charge Meter Size(diameter inches) 5/8x3/4 $4.86 /monthly 1/1/2014 $5.15 /monthly 1/1/2015 3/4 x 3/4 $7.00 /monthly 1/1/2014 $7.42/monthly 1/1/2015 1 $12.95 /monthly 1/1/2014 $13.72/monthly 1/1/2015 1.5 $38.83 /monthly 1/1/2014 $41.16 /monthly 1/1/2015 2 $63.04/monthly 1/1/2014 $66.82 /monthly 1/1/2015 3 $111.16 /monthly 1/1/2014 $117.83 /monthly 1/1/2015 4 $227.97 /monthly 1/1/2014 $241.65 /monthly 1/1/2015 6 $242.67 /monthly 1/1/2014 5257.23 /monthly 1/1/2015 8 $388.27 /monthly 1/1/2014 $411.57 /monthly 1/1/2015 10 $758.59 /monthly 1/1/2014 $804.11 /monthly 1/1/2015 12 $1,092.36 /monthly 1/1/2014 $1,157.91 /monthly 1/1/2015 Page 29 Customer Charge (Basicfee charged to customers to have the City deliver water.) Meter Size(diameter inches) 5/8 x 3/4 $25.83 /monthly 1/1/2015 $26.67 /monthly 1/1/2016 $27.54 /monthly 1/1/2017 $28.44/monthly 1/1/2018 $29.36 /monthly 1/1/2019 3/4x3/4 $37.21 /monthly 1/1/2015 $38.42/monthly 1/l/2016 $39.67 /monthly 1/1/2017 $40.96 /monthly 1/1/2018 $42.29 /monthly 1/1/2019 1 $57.96 /monthly 1/1/2015 $59.84/monthly 1/1/2016 $61.78 /monthly 1/1/2017 563.79 /monthly 1/1/2018 $65.86 /monthly 1/1/2019 L5 $153.05/monthly 1/1/2015 $158.02/monthly 1/1/2016 $163.16 /monthly 1/1/2017 $168.46 /monthly 1/1/2018 $173.93 /monthly 1/1/2019 2 $248.32/monthly 1/1/2015 5256.39 /monthly 1/1/2016 $264.72/monthly 1/1/2017 $273.32/monthly 1/1/2018 $282.20/monthly 1/1/2019 Page 30 3 $488.77 /monthly 1/1/2015 $504.66 /monthly 1/1/2016 $521.06/monthly 1/1/2017 $537.99 /monthly 1/1/2018 $555.47/monthly 1/1/2019 4 $928.43/monthly 1/1/2015 $958.60/monthly 1/1/2016 $989.75 /monthly 1/1/2017 $1,021.92/monthly 1/1/2018 $1,055.13 /monthly 1/1/2019 6 $1,041.00 /monthly 1/1/2015 $1,074.83 /monthly 1/1/2016 $1,109.76 /monthly 1/1/2017 $1,145.83 /monthly 1/1/2018 $1,183.07 /monthly 1/1/2019 8 $1,625.84/monthly 1/1/2015 $1,678.68 /monthly 1/1/2016 $1,733.24 /monthly 1/1/2017 $1,789.57 /monthly 1/1/2018 $1,847.73 /monthly 1/1/2019 10 $3,000.08 /monthly 1/1/2015 $3,097.58/monthly 1/1/2016 $3,198.25/monthly 1/1/2017 $3,302.19 /monthly 1/1/2018 $3,409.51 /monthly 1/l/2019 12 $4,244.91 /monthly 1/1/2015 $4,382.87 /monthly 1/1/2016 $4,525.31 /monthly 1/1/2017 $4,672.38 /monthly 1/1/2018 $4,824.23 /monthly 1/1/2019 Page 31 Dep - y iT v..�it 1p. artment Revenue Source �` � - Effective Daft' Final Notification Process Fee S30.00 /per instance 7/1/2009 Fire Hydrant Flow Test S325.00 /test 12/9/2008 Fire Hydrant Usage-Temporary 3"hydrant meter deposit* 5650.00 9/1/2002 *Deposit is refundable if returned in good condition [look-up service $50.00 2/27/2001 Continued use $50.00 /month 2/27/2001 Consumption Current irrigation water usage rate 9/1/2002 per 100 cubic feet of water used Fire Rates(Sprinklers) 6"or smaller $4 70 7,14,12043 $18.16 /month 7/1/2015 8"or larger 9-23.42 > h 7,x'2043 $24.03 /month 7/1/2015 �� cr nmow /, 12o va�Q -i/g/•fin Fire f[y/Cf OrinfC[lOn ��-* T'TT7� $1,495.29 /+12%fee based 7/1/2015 on construction costs. Meter Disconnection Actual labor and material costs+10% 9/1/2002 Meter Installation Fees 5/8"x 3/4"Meter 5350.00 9/1/2011 3/4"x 3/4"Meter 5400.00 10/1/2011 1"Meter $550.00 9/1/2011 1 1/2"Meter 5850.00 9/1/2011 2"Meter 51,100.00 9/1/2011 3"or more Meter Actual labor&materials+ 10% 9/1/2011 Meter Out-of-Order Test Meter calibration cost+actual labor 9/1/2002 and material costs+10% Stnitar >cwer Service(Fee set by Clean Water Services) (City receives 16.306%of fees collected) Base/`L-___ Base Charge(Pending CWS Hearing) $26.63 /dwelling unit/month 7/1/2015 Use Charge(Pending CWSHearing) $1.77 /100 cubic feet/month for 7/1/2015 individual customer winter average Page 32 Department Revenue Source Effective Date Service Installation Fees Single Trench-Single Residential Service $3,630.00 includes labor&materials 10/1/2011 1 1/2"Meter and greater Actual labor and material costs+10% 10/1/2011 Solid Waste Collection Rates Residential Cart Collections Recycling only(carts&yard debris cart) °''� $13.38 7/1/2-944 2015 (recycling cart only) $7.17 7/1/2944 2015 (yard debris only) 7T00 $6.21 7/1/2944 2015 Mini cart(20 gal)with card debris $29.40 $21.51 7/1/291.4 2015 without yard debris $4;.85 $19.10 7/1/2944 2015 Cart(32 gal)with yard debris $22.90 $24.50 7/1/2944 2015 without yard debris 629-SS $21.99 7/1/2944 2015 Cart(60 gal)with yard debris $34.9s $36.43 7/1/2944 2015 Cart(90 gal)with yard debris $49.65 $43.50 7/1/2944 2015 On-call service(mixed waste,recycling cart and yard debris 941.15 $12.25 7/1/2444 2015 Commercial Cart Collections 20 gallon 66_2-9:40 $21.51 7/1/2944 2015 32 gallon $22-90 $24.50 7/1/2444 2015 60 gallon $34.05 $36.43 7/1/2944 2015 90 gallon 649.66 $43.50 7/1/2944 2015 Page 33 lective Date Commercial Container Collections Every other Weekly Collection Frequency week One Two Three Four Five One yard 6 64.48 99.94 486.8:7 X364.98 � 44:7.75 7,14,/044 Each Additional 8-65.55 426..44 8- 87.39 5-X47.96 S-398.86 7,14,4204 4 One and 1/2 yards $-74.98 S--42-845 ?36$8 3453- $w-453.:R 36?34 4 Each additional 90.78 4:76.45 9 X34 4 433.42 Two Yards 58438 4536-2- S-286..94 x~42926 S -353.57- X686:58 44 Each additional X4146.97 S-2226.52- X33794 S--447.35 6---35:7.99 7,14,12944 Three Yards S 409.265 8-294-91 3r-387:9' 6--5993 $-:75392- $-4366.99 Each Additional 8-4666.44 X326..64 S--486.81 S---64:7.69 $-807.29 :7,4,4014 Four Yards S 1;4-44 ga--64.43 -$--- 487.24 S-749.86 -95-2.48 5 489.63 44 Each additional S-244.39 $-- 426$1 S--6366a 846.47- $-1,056.42- �,14,12944 Five Yards 5-8.99 S-304.866 $-sa87�3 -$-;364163 5 4,453 $--1,434.59 4 Each additional S-226739 S-526.83 5-;86.39 $--'r045..9:r $ 4,395.59 Six Yards 6-- 48;.79 X355.99 8-68:7.45 6--1-049-18 @ 4,354.24 6 4,683.44 Each additional 5--347145 X626.7;1 S-935.93 6--1145.48 @ 1,554:464 '"r1 �- i=8k4 Eight Yards 8- 3344 8-456.7 6 2;482.59 ;,/4,1204T Each additional 8---449.47 9-$27 4 S--4,29649 @��cr 5--2;953.61 74, l yard compacted ?-24.87 x~42&47- -S--6A8.46 -S--:745.4: S -9844X6 7,/4,12914 2 yard compacted 8--345.65 X64562- $--945.69 5 4�A[5555 @��A9 ;,14,1294 3 yard compacted 5-459.91 -$-879.88 6--4;28L 53 5 4694.25 $ 2,406.45 �,2944 4yard compacted -S-571.4aS --. - �'y- � �r 1,996.219 $--4;649.68 - vr $- 8 Page 34 Department Revenue Source Fee or Charge Authority Effective Date Every other Weekly Collection Frequency week One Two Three Four Five One yard $65.46 $106.94 bi99.9i $289.35 $378.76 $468.39 7/1/2015 Each Additional $70.14 $135.29 $200.30 $265.32 $330.48 7/1/2015 One and 1/2 yards $77.02 $137.33 $253.46 $369.49 $485.53 $601.67 7/1/2015 Each additional $97.13 $188.80 $280.45 $372.08 $463.76 7/1/2015 Two Yards $90.29 $164.37 $307.03 $449.68 $592.32 $734.96 7/1/2015 Each additional $124.19 $242.38 $360.63 $478.88 $597.05 7/1/2015 Three Yards $116.90 $218.29 $414.16 $609.93 $805.73 $1,001.62 7/1/2015 Each Additional $178.09 $349.50 $520.89 $692.29 $863.70 7/1/2015 Four Yards $143.53 $272.22 $521.35 $770.25 $1,019.15 $1,271.73 7/1/2015 Each additional $232.61 $456.69 $681.19 $905.72 $1,130.37 7/1/2015 Five Yards $170.02 $326.20 $628.34 $930.49 $1,232.64 $1,534.80 7/1/2015 Each additional $286.01 $563.71 $841.44 $1,119.19 $1,396.89 7/1/2015 Six Yards $196.66 $379.85 $735.25 $1,090.52 $1,445.79 $1,801.17 7/1/2015 Each additional $339.67 $670.59 $1,001.45 $1,332.34 $1,663.28 7/1/2015 7/1/2015 Eight Yards $249.78 $488.69 $950.33 $1,411.99 $1,873.62 $2,335.28 7/1/2015 Each additional $448.51 $885.68 $1,322.94 $1,760.18 $2,197.36 1 yard compacted $240.61 $449.90 $651.05 $851.15 $1,053.91 7/1/2015 2 yard compacted $369.85 $690.81 $1,011.79 $1,332.74 $1,653.69 7/1/2015 3 yard compacted $491.14 $931.84 $1,372.31 $1,812.85 $2,253.58 7/1/2015 4 yard compacted $612.49 $1,173.03 $1,733.06 $2,293.08 $2,861.37 7/1/2015 Drop Box Collections 10 Cubic Yard Container $434.90 $143.38 7/1/291.4 2015 20 Cubic Yard Container $434.99 $143.38 7/l/2-944 2015 30 Cubic Yard Container $434.99 $143.38 7/l/24" 2015 40 Cubic Yard Container $}3499 $143.38 7/1/2944 2015 All Compactors $449.99 $149.80 7/1/2944 2015 Delivery r$68.99 $72.76 7/l/2044 2015 Demurrage 20 Cubic Yard Container $5:99 $5.35 10/20 Yard Box after 48 hours 7/1/291-4 2015 30 Cubic Yard Container $&..69 $7.06 30 Yard Box after 48 hours 7/1/2-944 2015 40 Cubic Yard Container 46-69 $7.06 40 Yard Box after 48 hours 7/1/x944 2015 All Compactors 88.94 $8.56 Drop Box with Lid 7/1/241.4 2015 Delivery 5erriee Fee plus actual disposal cost and fi'anchire fee Page 35 Department Revenue SourceF Fee or Charge � "' Authority Effective Date On-Site Pick-up Charge 559 $30.50 Rate is the on-site collection 7/1/2944 2015 Disposal Cost per 17 to 31 gallon unitQ^? $21.74 charge plus the disposal cost per 7/1/2914 2015 Disposal Cost per 43 gallon unit $4,662 $26.34 medical container unit 7/1/291.4 2015 Miscellaneous Service Rates Extra mixed waste per can-overload fee(based on 32 gallon capacity) $499 $4.28 /occurrence 7/l/2914 2015 Extra yard debris(manual up to 32 gallon) $399 $3.21 /occurrence 7/1/2814 2015 Additional yard debris service(second 60 gallon cart) $349 $3.75 /occurrence 7/1/2914 2015 Call back/retum for pick up of inaccessible cart per service call $4?-90 $12.84 /occurrence 7/l/2Q44 2015 Yard service rate-extra distance away from curb after first 5 feet $4-90 $4.28 /occurrence 7/1/2914 2015 Special service fees P-2.09 $77.04 /occurrence 7/l/2-644 2015 Account reinstatement fee $30.00 /occurrence 7/1/2014 NSF check fee $35.00 /occurrence 7/1/2014 Tire disposal Hourly Rate+disposal fee Storm and Surface Water(Fee set by Clean Water Services) (City retains 75%of Service Charge fees collected) (City retains 100%of its Surcharge fees collected) __i-L__.__ 66-7,5ir.rr rTT 4 Service Charge(Pending CWSHeaang) $7.25 /ESU/month 7/1/2015 Tigard Surcharge $2.00 /ESU/month 7/1/2009 Water Bacteriological Quality Testing Cost per test $60.00 7/1/2008 Water Disconnection Charge for Non-payment During business hours $50.00 2/27/2001 Water Line Construction-New Development 12%of Actual Cost 2/27/2001 Water Main Extension Designed and installed by others 12%of Actual Cost 9/1/2002 Page 36 Department Revenue Source ; Fee or Char'" _._. Aute Effective Date Water Usage Charges Residential 'Pier 1 $3.34 /100 cubic feet of water 1/1/2015 Tier 2 S4.88 /100 cubic feet of water 1/1/2015 Tier 3 S5.58 /100 cubic feet of water 1/1/2015 Tier 1 53.45 /100 cubic feet of water 1/l/2016 'Pier 2 55.04 /100 cubic feet of water 1/l/2016 Tier 3 $5.76 /100 cubic feet of water 1/1/2016 Tier 1 53.56 /100 cubic feet of water 1/1/2017 Tier 2 55.20 /100 cubic feet of water 1/1/2017 Tier 3 $5.95 /100 cubic feet of water 1/1/2017 Tier 1 $3.68 /100 cubic feet of water 1/1/2018 Tier 2 $5.37 /100 cubic feet of water 1/1/2018 '1 ier 3 $6.14/100 cubic feet of water 1/1/2018 Tier 1 53.80 /100 cubic feet of water 1/1/2019 Tier 2 $5.54 /100 cubic feet of water 1/1/2019 Tier 3 56.34 /100 cubic feet of water 1/1/2019 Multi-Family Tier 1 $2.78 /100 cubic feet of water 1/1/2015 Tier 2 $4.06 /100 cubic feet of water 1/1/2015 Tier 3 $4.65 /100 cubic feet of water 1/1/2015 Tier 1 $2.87/100 cubic feet of water 1/1/2016 Tier 2 $4.19 /100 cubic feet of water 1/1/2016 Tier 3 $4.80 /100 cubic feet of water 1/1/2016 Tier 1 $2.96 /100 cubic feet of water 1/1/2017 Tier 2 $4.33 /100 cubic feet of water 1/1/2017 Tier 3 $4.96 /100 cubic feet of water 1/1/2017 Tier 1 $3.06 /100 cubic feet of water 1/1/2018 'Pier 2 $4.47 /100 cubic feet of water 1/1/2018 Tier 3 55.12/100 cubic feet of water 1/1/2018 Tier 1 $3.16 /100 cubic feet of water 1/1/2019 Tier 2 $4.62/100 cubic feet of water 1/1/2019 Tier $5.29 /100 cubic feet of water 1/1/2019 Page 37 Commercial Tier 1 $3.44/100 cubic feet of water 1/1/2014 Tier 2 $5.01 /100 cubic feet of water 1/1/2014 Tier 3 $5.73 /100 cubic feet of water 1/1/2014 Tier 1 $3.80 /100 cubic feet of water 1/1/2015 Tier 2 $5.54/100 cubic feet ofwater 1/1/2015 Tier 3 $6.33 /100 cubic feet of water 1/l/2015 Tier 1 $3.92/100 cubic feet of water 1/1/2016 Tier 2 $5.72/100 cubic feet of water 1/1/2016 Tier 3 $6.54/100 cubic feet of water 1/l/2016 Tier 1 $4.05/100 cubic feet of water 1/1/2017 Tier 2 $5.91 /100 cubic feet ofwater 1/1/2017 'Tier 3 $6.75 /100 cubic feet of water 1/1/2017 Tier 1 $4.18 /100 cubic feet of water 1/1/2018 Tier 2 $6.10 /100 cubic feet of water 1/1/2018 Tier 3 $6.97 /100 cubic feet ofwater 1/1/2018 Tier 1 $4.32 /100 cubic feet ofwater 1/1/2019 Tier 2 $6.30 /100 cubic feet ofwatLT 1/1/2019 Tier 3 $7.20 /100 cubic feet of water 1/l/2019 Industrial Uniform Rate $5.29 /monthly 1/1/2015 $5.46 /monthly 1/1/2016 $5.64/monthly 1/1/2017 $5.82 /monthly 1/1/2018 $6.01 /monthly 1/l/2019 Irrigation Uniform Rate $7.51 /monthly 1/l/2015 $7.75 /monthly 1/1/2016 $8.00 /monthly 1/1/2017 $8.26 /monthly 1/1/2018 $8.53 /monthly 1/1/2019 Page 38 Department Revenue Source Fee or Chau-406611- orifi Effective Date Tiered Rate Structure Thresholds(100 cubic feet of water) Meter Size 5/8 x 3/4 'Pier 1 6 ccf Tier 2 15 ccf Tier 3 over 15 ccf 3/4 x 3/4 Tier 1 9 ccf "Pier 22 2 ccf 'Fier 3 over 22 ccf 1 Tier 1 16 ccf Tier 2 40 ccf Tier 3 over 40 ccf 1.5 'Pier 1 48 ccf Tier 2 120 ccf Tier 3 over 120 ccf 2 Tier 1 78 ccf Tier 2 195 ccf Tier 3 over 195 ccf 3 Tier 1 137 ccf Tier 2 344 ccf Tier 3 over 344 ccf 4 Tier 1 282 ccf Tier 2 705 ccf Tier 3 over 705 ccf 6 Tier 1 300 ccf Tier 2 750 ccf Tier 3 over 750 ccf 8 Tier 1 480 ccf Tier 2 1,200 ccf Tier 3 over 1,200 ccf 10 Tier 1 938 ccf Tier 2 2,345 ccf Tier 3 over 2,345 ccf 12 Tier 1 1,350 ccf 'Pier 2 3,376 ccf 'Pier 3 over 3,376 ccf Page 39 Department Revenue Source L_ Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Park System Development Charge(SDC)* Ord. 15-09 gi"g4� $6,451.34 Single Family Detatched Dwelling-Reimbursement $1,001.00 7/l/2015 Single Family Detatched Dwelling- Improvement $4,248.00 7/1/2015 Single Family Detatched Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,575.00 7/1/2015 Inside RiverTerrace $1,953.00 7/1/2015 4114€ftffily u'4 $5,456.28 :7'/4"2()44 — Multi-Family Detatched Dwelling-Reimbursement $753.00 7/1/2015 yluln-Family Detatched Dwelling- Improvement $3,198.00 7/1/2015 .N1ulti-Family Detatched Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,186.00 7/1/2015 Inside River Terrace $1,470.00 7/1/2015 (Per effipleyee "�4 7 i�4 Non-Residential(Per Employee)-Reimbursement $66.00 7/1/2015 Non-Residential(Per Employee) -Improvement $367.00 7/1/2015 Non-Residential (Per Employee) -Improvement for Neighborhood Parks Outside River Terrace $0.00 7/1/2015 imide River Terrace $0.00 7/1/2015 *See methodology report used to calculate the charges. The Park System Development Charge(Park SDC)is a City of Tigard charge that is assessed on new development to support the acquisition and development of parks,greenways,and paved trails,all of which are used by residents of Tigard and by those who work here. The Park SDC is a one-time fee charged to new development to help pay a portion of the costs associated with building additional parks and trails to meet the needs created by both residential and commercial/industrial growth. The SDC revenues can only be used on capacity-increasing capital improvements and cannot be used to repair existing park facilities. Park SDCs are assessed on new residential development on a per-unit basis and against commercial and industrial development on a per-employee basis. The amount of the charge for each land use category is adjusted each year,effective July 1st,in relation to two indices,one reflecting changes in development/construction costs and one reflecting changes in land acquisition costs. 2426. Page 40 i Department Revenue Source Fee or Charge Authority _ Effective Date For more detailed and updated information on calculating Park SDC's see "Parks&Recreation System Development Charge Methodology Report,"by FCS Group, %lay 19,2015. _adopted by Ord. 15-09. _. Page 41 Department Revenue Source Fee or Charge Authority Effective Date Park SDG Anau*l Adjustmen Res.!T, 1 4 1 SPG fee is raeg44y spitf 0 S2.. systefn Alaster-Plan Updoe,adopted jiAy 2009 aad the T4�d Gr-eeffway T+*49 Mastef.Plan adopted in July 3 Aver-age....st a f..,...:.7_ntis t,-a t 1,.....7-2012 G (2012) — J=Gl_ C=C=;_ AGI— . Page 42 Department Revenue Source Pee or Charge Authority Effective Date =�6f ftfid t LGI 1 GGI-7z =Ike! Rfteh year subseqtteftf�e 2002,Aw.Cests 919all h revised using the euftettt year ftnd pi-e-w-iotts yeftt's doft. Net withseandiftg dw fei-egeing,A-11 -.414s—ill be e-Wilp-ried eidt to the thettsaa&h plaee. A fifift!predeet ending ift.49 ei less shft4 be Page 43 Department Revenue Source Fee or Charge Authority Revised Fees Effective D PUBLIC WORKS-WATER Water System Development Charge(SDC)* 5/8" x 3/4" Meter $7,044 2-f}/20}4 $7580 'r�}4 $7,777 7/1/2015 3/4" x 3/4" Meter $10;144 $40,946 'r�94 4 $11,200 7/1/2015 1" Meter $;8,794 2,/4,/2014 °'0z0 7,r;4 14 $20,746 7/1/2015 1 1/2" Meter $56,34343 $60,625 7,4,1-2014 $62,201 7/1/2015 2" Meter $94.499 .2,11,12044 $98,443 7 4 20044 $101,003 7/1/2015 3" Meter $473,699 7,14,12044 $178,113 7/1/2015 4" Meter $366,932 7,11,12014 $365,289 7/1/2015 6" Meter $378,994 {?8}4 $388,848 7/1/2015 8" Meter $606,389 ''r, 14 $622,155 7/1/2015 Water system connections greater than 8 inch diameter,City mill forecast the demands on an average-day,peak-day,and peak-hour basis to determine SDC fees. *Asper ORS 23.304(8) Res. 10-76.the City mill use ENR Seattle CCI for the month of April prior to the budgetyear unposed The ENR Seattle CCI forApril-2015 is 2.6% based on a 12-month average. The mmltiplier 1.026 is used for all Water SDCs effective 71112015. Page 44 �ent Revenue Fee or Charge Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Ord.15-08 Residential Transportation System Development Charge(SDC)* Single Family Detatched Dwelling-Reimbursement $312.00 Res.15-15 7/1/2015 Single Family Detatched Dwelling-Improvement $5,402.00 7/1/2015 Single Family Detatched Dwelling-River Terrace Overlay" $2,642.00 7/1/2015 Multi-Family Dwelling-Reimbursement $182.00 7/1/2015 Multi-Family Dwelling-Improvement $3,151.00 7/1/2015 Multi-Family Dwelling-River Terrace Overlay $1,541.00 7/1/2015 *See Adopted Methodology Report used to calculate the charges. **Based on 50%Credit Policy for the"local"elements of River Terrace Blvd. For more detailed and updated information on calculating Transportation SDC's see"Transportation System Development Charge Methodology Report,"by FCS Group,April 28,2015. Transportation SDC Annual Adjustment Ord.15-09 7/1/2015 Transportation SDC fees shall be adjusted annually on July 1st of each year beginning in 2016. The index to be used for adjusting transportation SDCs will based on the weighted average of the year over year escalation for two measurements:90 percent multiplied by the Engineering News Record Construction Cost Index for the Seattle Area percent change plus 10 percent multiplied by the Oregon Department of Transportation monthly asphalt price(annualized)percent change. Page 45 DepartqdW Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES ENGINEERING Countywide Transportation Development Tax(TDT)-(Example Land Uses and Charges*) Single Family Detached $6,665.00 �per uniE :7,14,1-2044 $8,036.00 Ipef uni 40,14,42014 $8,113.00 /per unit 7/1/2015 Apartment 64,�.y9 /pef.unie 4 nn ,14,42044 $5,308.00 /per unit 7/1/2015 Residential Condominium/Townhouse $3,94.00 Ipertit-4t $4,806.00 'pefHti3E 'nzv,44jz0 i4 $4,853.00 /per unit 7/1/2015 General Office Building $6,,869.00 (per-T9PGpk**) } $5-433.00 ,n i�i 4 $8,515.00 L(per TSFGFA**) ?/1 20 t Shopping Center $$8,969.00 Epef 4�Si%GLA11) a� $4�0-(per-T3F(;!"dk**) $11,140.00 (per TSFGLA**) 7 The Countywide Transportation Development Tax("1'131)is a Washington County Tax approved by the voters in November,2008,that is administered and collected by the City of Tigard. It went into effect on July 1,2009,replacing the Traffic Impact Fee(TIF)program. Like TIF,1'D"T is assessed on new development to help provide funds for the increased capacity transportation improvements needed to accommodate the additional vehicle traffic and demand for transit facilities generated by that development. It provides funds for these capacity improvements to county and city arterials,certain collectors,and certain state and transit facilities as listed in the County's Capital Improvements Project List. The TDT is categorized as an Improvement Fee:revenue must be dedicated to capital improvements that expand capacity and may not be used for maintenance, repair,or other non-capital improvements. TDTs are assessed on new development on a per-unit basis. For residential uses the units are dwelling units,bedrooms,etc. For commercial and industrial uses the units are the square footage of the use or units unique to the use such as lanes,fueling positions,etc. The TDT rate for each land use category is adjusted each year,effective July 1st. The rates for each year from July 1,2009 through June 30,2013 were established by Washington County Engrossed Ordinance 691,effective 7/l/09. Effective December 1,2009,Ordinance 729 implemented a 10% discount to the rates from July 1,2010 through June 30,2013. Effective January 17,2012,Ordinance 746 extended the discount period through June 30, 2015. Those discounts will expire effective June 30,2015. Effective July 19,2012,Ordinance 751 established a discount of 50%or 75%for the redevelopment of up to 5,000 square feet of existing non-residential properties. This redevelopment discount was made permanent by Ordinance 793, effective August 5,2014. For information about the TDT regarding a specific project conp��c4�ity's Permits/Project:Coordinator at(503)718-2426. * For more detailed information on calculating TDT charges and a detailed list of Land Uses and TDT charges through 6/30/2013 see Appendix B to Washington County Engrossed Ordinance 691,August 29,2008 and the Washington County Countywide Transportation Development Tax Manual. ** TSFGFA=thousand square feet gross floor area;TSFGLA=thousand square feet gross leasable area. Page 47 FY 2016 Proposed Master Fees & Charges Summary of Changes Report i Included in 3_ Schedule Budget? Department Fee Description Page(s) Basis of Change Authority (Y/N) Citywide DVD/CD 3 \fee to recover costs associated with public requests for records. Dept.Policy Staff Hourly Rate Clarification that all,or part,of the rate components may be charged. Dept.Policy Financial&Information Services Business License(Annual Fee). 1 I-ees adjusted to pay for 1.0 FTE Detective in the Ord.88-13 1 Commercial Crimes-Unit as approved by Budget Committee. Ismploycc categories were revised to make fees more equitable.The 11-50 employee category was broken in to 11-20&21-50 categories.Per Budget Committee request, the"51 or more employees"category was split into two new categories:"51-75"and "greater than 75." Annual fees will continue to be adjusted based on the Portland Consumer Price Index beginning in FY 2017. Library Library Card Fee(non-residents only) - ;\nnual fee for library cards purchased by non-residents who are ineligible for a free WCCLS N card. Police Late payment of fees/fines(after 60 days) S Corrected the title of the fee. Dept.Policy N Special Event Permit Application Fee 8 New fee that will recover adminstrative costs related to processing special event Dept.Policy N applications. As a follow-up to a question raised at the Council Study Session,a resident is defined as anyone who lives within the city or a business owner who has a physical address within the city. Community Development Planning Fees/Charges 18-25 Fees have been adjusted by 2.4%o Construction Cost Index.Removed reference to Res.03-59 1' Resolution No.04-99 that implemented the 14.76%Long Range Planning Surcharge. Park System Development Charge(SDC) 40-43 Council approved the new methodology and rates for Park SDC's at the business Ord.15-09 1 meeting on May 19,2015.The rates have been modified to include River Terrace development. Residential Transportation System Development Charges 45 the residential transportation SDC's were adopted by council on April 28,2015. Res.15-15 1 Transportation Development Tax 46-47 This fee is determined by Washington County.TDT rates from July 1,2009 through Washington County 1' September 30,2014 were discounted.Rates between October 1,2014 and lune 30,2015 are adjusted with an increase of.962%.This rate is a combination Of the cost of road construction,labor,and ROW using a 5-year rolling average. Page 1 of 2 FY 2016 Proposed Master Fees & Charges Summary of Changes Report Included in Schedule Budget? Department Fee Description Page(s) Basis of Change Authority (1/N) Public Works Street Maintenance Fee 27 Fee adjustedby 4.33%based on a combination of two indexes,the TMC 15.20 1 Engineering News Record Construction Cost Index,and the Oregon Monthly Asphalt Cement Material Price Index. Streetlight Energy&Maintenance Fee 27 Rates set by PGE Schedule#95 Option"A". Fire Rates(Sprinklers) 32 Fee adjusted by 2.6%based in the Seattle-Construction Cost Index for April 2015. Dept.Polity 1 Fire Service Connection 32 Fee adjusted by 2.6%based in the Seattle-Construction Cost Index for April 2015. Dept.Policy 1 Sanitary Sewer Service Fee(set by Clean Water Service) 24,33 This fee is was increased by 3%u and is calculated by Clean Water Service.The city Clean Water Service. Y receives 16.306%of fees that are collected. Storm and Surface Water Fee(set by Clean Water Service) 36 Service charge is determined by Clean Water Service and will increase by 50 cents. Clean Water Services Y The city receives 75%of fees that are collected Solid Waste Collection Rates 34-36 Collection rates for solid waste have been increased by 7%per Tigard Municipal Code TMC 11.04 1" Water System Development Charge 44 Fee adjustment is tied to Seattle Construction Cost Index(CCI) ORS 223.304(8) 1 which is 2.6%as of April 2015. Res.10-76 Page 2 of 2 COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Accessory Residential Units 5343-99 $ 351.00SUPPLEMENTAL pACU;f/2-11142015 Annexation S4,24:7.09 $ 3,294.00 FOR -Q,2 7/1/--44.42015 Anneal PA' E QF MEETING) Director's Decision(Type II)to hearings Officer S?4?99 $ 299.00 G,�`/fl.�Pyy� 7/1/x}42015 Expedited Review(Deposit) 5454.09 $ 359.00 ✓ I 7/1/4-1H4 2015 I-learingsReferee 958599 $ 599.00 7/1/44>442015 Planning Commission/Hearing's Officer to City Council S�,234.99 $ 3,312.00 7/1/38442015 Approval Extension 5343-9A $ 351.00 7/1/x-0442015 Colocation(of Wireless Communication Facilites) S52.00 'CMC 18.798 7/1/2013 Conditional Use Initial 56,494.99 $ 6,558.00 7/1/ 42015 Major Modification 66,,494.99 $ 6,558.00 7/1/a-044 2015 Minor Modification 85791-99 $ 718.00 7/1/2&}42015 Design Evaluation Team(DET) Recommendation(devosit� S4,788.99 $ 1,831.00 7/1/39442015 Development Code Provision Review Single-family Building Plan 586.99 $ 88.00 7/1/3844 2015 New/,ldditions/Accessory(including,but not limited to,garages,carports,porches,patios,decks, storage sheds,awnings,steps and ramps) Commercial/Industrial/Institution-New S•345-99 $ 351.00 7/1/29}4 2015 Commercial/Industrial/Institution- 'Cenant Improvements in Existing Development Project Valuanon up to S4,999 $0.00 Project Valuation 55,000-S74,999 588-99 $ 88.00 7/1/3944 2015 Project Valuation 575,000-S149,999 5245..99 $ 220.00 7/1/3944 2015 Project Valuation Sl 50,000 and more 534399 S 351.00 7/1/3914 2015 Page 18 Department Revenue Source Fee or Charge _ _ Authority Effective Dat , Downtown Review Compliance Letter $ 718.00 7/1/-ab44 2015 Downtown Design Administrative Review Under 51,000,000.00 S4,,639:99 $ 1,678.00 +0.004 x project valuation 7/1/381.4 2015 S1,000,000.00 and over(max fee S25,000.00) $6,318.99 $ 6,470.00 +0.002 x project valuation 7/1/?914 2015 Downtown Design Review-Design Review Board S3c325-99 $ 3,405.00 +applicable Type 11 fee 7/1/38}4 2015 Hearing Postponement S399.99 $ 399.00 7/1/3444 2015 Historic Overlay/Review District I listoric Overlay Designation S5,894-98 $ 5,127.00 7/1/a-444 2015 Removal Historic Overlay Designation $5;994.88 $ 5,127.00 7/1/3844 2015 Exterior Alteration in historic Overlay District 588 $ 769.00 7/1/384-42015 New Construction in}listoric Overlay District 845i.90 $ 769.00 7/1/32844 2015 Demolition in I listoric Overlay District S754.914 $ 769.00 7/1/ 044 2015 Home Occupation Permit Type 5448.99 $ 121.00 7/1/28}42015 "Type II S494.99 $ 718.00 7/1/4-014 2015 Interpretation of the Community Development Code Director's Interpretation 598 $ 718.00 7/1/38+42015 Appeal to City Council 83,a�.88 $ 3,312.00 7/1/3844 2015 Land Partition Residential and Non-Residential(3 Lots) 54,634.99 $ 4,745.00 7/1/?81-4 2015 Residential and Non-Residential(2 Lots) 53,854.99 $ 3,946.00 7/1/4-844 2015 Expedited 55;48798 $ 5,537.00 7/1/28142015 I'inalPlat 84,,846.88 $ 1,102.00 7/1/-2014 2015 Lot Line Adjustment 5.794.99 $ 718.00 7/1/?4442015 Minor Modification to an Approved Plan 5491-99 $ 718.00 7/1/394 4 2015 Non-Conforming Use Confirmation X99 $ 718.00 7/1/?8+4 2015 Planned Development Conceptual Plan Review 69,968.99 $ 9,286.00 7/1/2-344 2015 Detailed Plan Review(Concurrent I f caring) Applicable SDR Fee or Subdivision Fee+5439:98 5450.00 7/1/?844 2015 Detailed Plan Review(Separate Hearing) Applicable SDR Fee or Subdivision Fee+S2,796.99 S2,464.00 7/i/?844 2015 Page 19 Pre-Application Conference $ 718.00 7/1/?87-4 2015 Sensitive Lands Review With Excessive Slopes/Within Drainage Wars/ X98 $ 718.00 7/1/--;444 2015 Within 100-Year Floodplain(Type 1) With Excessive Slopes/Within Drainage Ways/ 63,976.99 $ 3,150.00 7/1/?fl}4 2015 Within Wetlands(Type 11) With Excessive.Slopes/Within Drainage Ways/ S32.r()9 $ 3,403.00 7/1/2&14 2015 Within Wetlands/Within the 100-Year Floodplain(Type 111) Sign Permit Existing and Modification to an Existing Sign (No Size Differential) S442..99 $ 197.00 7/1/?9t-42015 Temporary Sign(Per Sign) 963-99 $ 62.00 7/1/19}4 2015 Site Development Review&Major Modification Under 51,000.000.00 95;434.99 $ 5,564.00 7/1/--,)44 2015 51,000,000.00/Over �9 $ 7,228.00 7/1/--9q4 2015 (+56.00/per each 510,000.00 over 51,000,000.00) Minor Modification 5791:99 $ 718.00 7/1/4-&142015 Page 20 Department Revenue Sour Cha authority Effective Date Su Preltt unary Plat without Planned Development S6?73/+S93.00 per lot $ 6,424.00 7/1/414+ 2015 Preliminary Plat with Planned Development S8,68?-99 $ 8,890.00 7/1/4-444 2015 Expedited Preliminary Plat without Planned Development $7,494-99 $ 7,364.00 7/1/?A442015 Expedited Preliminary Plat with Planned Development 52-98 $ 7,365.00 7/1/29142015 Final Plat $2,469-99 $ 2,221.00 7/1/2914 2015 Plat Name Change S39?99 $ 401.00 7/1/?944 2015 Temporary Use Director's Decision 5343-99 $ 351.00 7/1/?94-42015 Special Exemption/Non-Profit 50.00 Special Mixed Use-Central Business District Zone Rate 1 st Temporary Use in a Calendar Year 5343.99 $ 351.00 7/1/2914 2015 2nd Through 5th"Temporary Use With Substantially the Same Site Plan Within A Calendar Year 564-99 $ 62.00 7/1/ 944 2015 Urban Forestry Type I Modification to the Urban Forestry Plan Component of an Approved Land Use Permit 567599 $ 691.00 7/1/--9+4 2015 Type III Discretionary Urban Forestry Plan Review Permit with concurrent Type III review 5412-99 $ 432.00 7/1/--944 2015 Type III Discretionary Urban Forestry Plan Review Permit without concurrent Type III review S2,69-2.99 $ 2,664.00 7/1/3944 2015 Page 21 Variance/Adjustment Administrative Vanance 851-99 $ 769.00 7/1/4- k42015 Development Adjustment 5343-99 $ 351.00 7/1/--4442015 Special Adjustments ;Adjustment to a Subdivision 53434)9 $ 351.00 7/1/3914 2015 Reduction of Minimum ResidentialDensity 5343.90 $ 351.00 7/1/3-)}42015 Access/Egress Standards :Adjustment 590 $ 769.00 7/1/39142015 Parking:Adjustments Reduction in Minimum or increase In Maximum Parking Rano 5351-90 $ 769.00 7/1/3814 2015 Reduction in New or Existing Development/'l'ransit lmprvmnt S;54.99 $ 769.00 7/1/3(8}42015 Reduction in Bicycle Parking 5351-99 $ 769.00 7/1/391-4 2015 Alternative Parking Garage Lavout X99 $ 769.00 7/1/3914 2015 Reduction in Stacking Lane I ength 534-3-90 $ 351.00 7/1/39142015 Sign Code Adjustment 509 $ 769.00 7/1/ 42015 Street Improvement:Adjustment $ 769.00 7/1/3814 2015 Wireless Communication Facility Adjustments Setback from Nearby Residence 5:754.99 $ 769.00 7/1/38142015 Distance from Another'l'ower SS343-99 $ 351.00 7/1/?814 2015 Zoning Map/Text Amendment Ixgislanve-Comprehensive Plan Q49,755.09 $ 11,013.00 7/1/39}4 2015 Legislanve-Community Development Code 54;391-09 $ 4,496.00 7/l/2014 2015 Quasi-judicial $4-946x.99 $ 4,143.00 7/1/29142015 Zoning Analysis(Detailed) xS704..99 $ 715.00 7/1/--444 2015 Zoning Inquiry Letter(Simple) 5493-99 $ 105.00 7/1/3F�}4 2015 �f 004- COMMUNITY DEVELOPMENT- MISCELLANEOUS FEES&CHARGES Plan Conies 52.50 7/1/2007 Community Development Code CD Rom S10.00 Tigard Comprehensive Plan 575.00 7/1/2011 GIS Maps* 8-1/2"x 11" Non aerial 52.50 7/1/2011 Aerial 54.00 7/1/2011 11"x 17" Non;Aerial 55.00 7/1/2011 Aerial 57.00 Page 22 7/1/2011 Department Reven Fee, pe 17"x 22" Non Aerial 511.00 7/1/2011 Aerial 515.00 7/1/2011 34"x 44" Non Aerial 525.00 7/1/2011 Aerial 530.00 7/1/2011 Custom Maps Staff i Iourly Rate Information Processing&Archiving(IPA)Fee Temporary Sign $5.00 7/1/2010 Type I Review 518.00 7/1/2010 Type II Review 5175.00 7/1/2010 Type III Review 5200.00 7/1/2010 Type W Review 5200.00 7/1/2010 Neighborhood Meeting Signs(Land Use) 52.00 1997 Oversize Load Permit 5200.00 7/1/2005 Planimetric Mans Blucline print-quarter section $5.00 Mylar-quarter section $150.00 /+reproduction cost Retrieval of Materials Confiscated in ROW Lawn and A-board signs 540.00 /sign 7/1/2010 Other signs and materials(based on size and value) City Managers Discretion 7/1/2010 (per TMC 7.61.035 Ord 10-06) Turd Transportation System Plan 575.00 7/1/2011 Washingionquare Regional Center 1999 Task Force Recommendations $10.00 Master Plan Map(Zoning/Plan) $2.50 Page 23 Department Revenue Source r_:.. .,W.. .._. mss__.— Charge_A, — Effec*e DaR COMMUNITY DEVELOPMENT - MISCELLANEOUS DEVELOPMENT Blasting Permit* $364:09 $ 373.00 7/1/ 4 2015 Fee in Lieu of Sewer Based on actual cost of sewer connection, 1998 if sewer was available (SIU-CBD zone only) the current Washington County.-assessor-determined real market value of the land(not improvements)by 10%. Sanitary Sewer Connection Fee $4,980:99 4 (Phis fee is determined by Clean Water Services. $5,100.00 /dwelling unit 7/1/2015 The City of Tigard receives 3.99%of fees collected.) Water Quality Facility Fee(Fee set by Clean Water Services) 6/6/2000 (City receives 100%of fees collected) Residential Single Family $225.00 /unit Commercial&Multi-family $225.00 /2,640 sq. ft of additional impervious surface Water Quantity Facility Fee(Fee set by Clean Water Services) 6/6/2000 (City receives 100%of fees collected) Residential Single Family $275.00 /unit Commercial&Multi-family $275.00 /2,640 sq. ft of additional impervious surface Metro Construction Excise Tax 12%of building permits for projects 7/1/2006 (City will retain 5%for administrative expenses) with a total valuation of$100,001 or more; (Tax set by Metro,but collected by cities) not to exceed$12,000. School District Construction Excise Tax (City will retain 4%for administrative expenses) (Tax set by school districts based on ORS 320.170-189 and collected by cities) Beaverton School District $1.17 /sq. ft. residential construction 7/1/2014 $0.58 /sq. ft.commercial construction 7/1/2014 Tigard-Tualatin School District $1.14 /sq. ft.residential construction 7/1/2014 $0.57 /sq. ft.commercial construction 7/1/2014 Page 24 Department Revenue So a ot4ffikarge - -. Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Urban Forestry Hazard Tree Dispute Resolution Fee $465.00 $ 169.00 +$55.00 each additional tree 3 943 7/1/2015 In Lieu of Planting Fees (Planting&3 Year Maintenance) Street.Tree $537-99 $ 550.00 per 1.5" caliper tree 3/14,12013 7/1/2015 Open Grown Tree $537:98 $ 550.00 per 1.5" caliper tree z'�3 7/1/2015 Stand Grown Tree $383.99 $ 392.00 per tree 2'in height or 1 gallon container 3/14/2043 7/1/2015 Tree Permit Fees (Complex) City Board or Committee $307.00** City Manager No Charge 3/1/2013 Tree Canopy Fee $2.95 per square foot of tree canopy 3/1/2013 Urban Forest Inventory Fees Open Grown Tree $4499 $ 151.00 +$28.00 each additional tree 7/1/22044 2015 Stand of Trees $495..99 $ 200.00 +$44.00 each additional stand 7/1/241-4 2015 Tree Establishment Bond (Planting&Early Establishment) 1.5" Caliper Minimum Street or Open Grown Tree in Subdivisions or Minor Land Partitions $489.99 $ 501.00 per tree 3,11,12943 7/1/2015 1.5" Caliper Minimum Street or Open Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions $444.99 $ 452.00 per tree 3,4,494L4 7/1/2015 2'in Height or 1 Gallon Container Minimum Stand Grown Tree in Subdivisions or lkfinor Land Partitions $367.08 $ 376.00 per tree 3 13 7/1/2015 2'in Height or 1 Gallon Container l\iirumum Stand Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions $354.99 $ 359.00 per tree 3,4,494; 7/1/2015 Vacation (Streets and Public Access) S-2,595.00 $ 2,657.00 /deposit+ actual costs 7/1/29 4 2015 *Per Ord 0 3-5Y..fee i.r adjn.rled pearly bared on 11u Constrnclior.Cir.rl Index for the Crh,of Seatl/e a.r pubkshed in the April i.vue n/I nhineerrng Nen<r Record and **x'307.00 per tree up to and including 10 trees.If over 10 trees,the applicant submits a deposit o(,$307.00 for eacb tree over 10 trees up to a maximum of,$5000.00.Tlje applicant is charged actual staff time to process the permit and will be refunded the balance of the deposit if alg remains after the review is complete Page 25 AIS-2207 9. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 15 Minutes Agenda Title: Public Hearing-Adopting the Budget,Making Appropriations,Declaring the Ad Valorem Tax Levy and Classifying the Levy as Provided Prepared For: Toby LaFrance Submitted By: Liz Lutz,Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Oregon local budget law requires that a budget for the following fiscal year FY 2016 be adopted by the City Council prior to July 1, 2015 after approval by the Budget Committee and after a public hearing has been held before the City Council. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the Approved FY 2015-2016 budget,with any adjustments made by City Council. KEY FACTS AND INFORMATION SUMMARY The Tigard Budget Committee (comprised of the City Council and five citizens) held 3 meetings on the City Manager's Proposed FY 2015-2016 budget in April and May, 2015. On May 4,2015, the Budget Committee approved the Proposed Budget,with adjustments and forwarded the Approved Budget to the City Council for adoption. Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption. The City Council may adjust expenditures up or down as long as the increase in a fund does not exceed 10% of the approved budget for that fund. The individual funds are shown on the Schedule of Appropriations attached to the Resolution. The total FY 2015-2016 City of Tigard Approved Budget is $193,383,873,including appropriations of $146,053,270 with the remaining$47,330,603 comprising the city's reserve for future expenditures. Staff has included four technical adjustments totaling$128,180 in appropriations to the approved budget for council consideration. Two of the adjustments include a correction on the reporting of 2.0 full-time equivalent (FTE): 1.0 FTE in Human Resources/Risk Management and 1.0 FTE in Community Development. The approved budgets for these positions are included in the FY 2016 Approved Budget,however, the positions were not included in the FTE counts.Action on these items will provide the FTE authority without impacting fund balance. OTHER ALTERNATIVES Alternatives are limited by Oregon Law. Council can change the Approved Budget up to 10%in any fund; however, by Oregon Law, the FY 2015-16 budget must be adopted by July 1,2015. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS The Approved Budget includes funding necessary to move council focus strategies forward. DATES OF PREVIOUS CONSIDERATION Budget Committee dates:April 20,April 27,and May 4, 2015 as part of the Budget Committee meetings. Fiscal Impact Cost: 193,383,873 Budgeted (yes or no): Yes Where Budgeted (department/program): All Additional Fiscal Notes: The total FY 2015-2016 City of Tigard Approved Budget is $193,383,873,including appropriations of $146,053,270 with the retraining$47,330,603 comprising the city's reserve for future expenditures. Attachments Budget Resolution Exhibit A Technical Adjustments CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2016. WHEREAS, three hearings by the Tigard Budget Committee on the budget document,as proposed by the City Manager, were duly called and held on April 20, 2015, April 27, 2015, and May 4, 2015 where all interested persons were afforded an opportunity to appear and be heard with respect to the budget;and WHEREAS, the budget for the City of Tigard for the year beginning July 1, 2015 was duly approved and recommended to the City Council by the regularly constituted Budget Conunittee at its meeting on May 4, 2015,after proceedings in accordance with Chapter 294,Oregon Revisgd Statutes ;and WHEREAS,a summary of the budget as required by Chapter 294.438 was duly published in the Tigard Times, a newspaper of general circulation in the city in accordance with Chapter 294.448;and WHEREAS, a hearing by the Tigard City Council on the budget document as approved by the Budget Committee,was duly called and held on June 9,2015,where all interested persons were afforded an opportunity to appear and be heard with respect to the budget;and NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Council adopts the budget for FY 2015-16 as approved by council following the budget hearing on June 9,2015. SECTION 2: The amounts appropriated for each fund for the fiscal year beginning July 1, 2015,are shown on the attached —Exhibit A Schedule of Appropriations as approved by Budget Committee on May 4,2015 with adjustments made by council during the hearing on June 9,2015. SECTION 3: The City of Tigard City Council hereby imposes the taxes provided for in die adopted budget at the rate of $2.5131 per $1,000 of assessed value for its permanent rate tax; and in the amount of$2,475,757 for debt service on general obligation bonds; and that these taxes are hereby imposed and categorized for tax year 2015-16 upon the assessed value of all taxable property in the city as follows: General Government Limit Permanent rate tax $2.5131/$1,000 Excluded from Lieut General Obligation Bond Debt Service $2,475,757 SECTION 4: The Council approves a capital interfund loan of up to $1,830,000 from the Gas Tax Fund to the Street Maintenance Fee Fund for the purpose of financing the Pavement Management Program. If needed, the loan will be made after the start of FY 2015-16 and will be repaid prior to the end of FY 2015-16 widl no interest RESOLUTION NO. 15- Page 1 SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of 2015. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 15- Page 2 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adoptcd General Fund Policy and Administration 899,502 0 899,502 Community Development 4,037,179 0 4,037,179 Community Services 22,088,311 142,703 22,231,014 Public Works 4,118,322 0 4,118,322 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 3,422,436 0 3,422,436 Capital Improvements 0 0 0 Contingency 1,120,000 0 1,120,000 35,685,750 142,703 35,828,453 Gas Tax Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 2,166,046 0 2,166,046 Debt Service 592,425 0 592,425 Loan to CCDA 0 0 0 Transfer 229,389 0 229,389 Capital Improvements 0 0 0 Contingency 200,000 0 200,000 3,187,860 0 3,187,860 City Gas Tax Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 316,560 0 316,560 Loan to CCDA 0 0 0 Transfer 3,208 0 3,208 Capital Improvements 0 0 0 Contingency 300,000 0 300,000 619,768 0 619,768 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Electrical Inspection Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 181,993 0 181,993 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 231,993 0 231,993 Building Fund Policy and Administration 0 0 0 Community Development 1,949,847 0 1,949,847 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 250,000 0 250,000 2,199,847 0 2,199,847 Criminal Forfeiture Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 70,000 0 70,000 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 560 0 560 Capital Improvements 0 0 0 Contingency 0 0 0 70,560 0 70,560 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Urban Forestry Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 251,850 0 251,850 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 301,850 0 301,850 Parks Utility Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 2,203,414 0 2,203,414 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 40,000 0 40,000 2,243,414 0 2,243,414 Bancroft Debt Service Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 103,200 0 103,200 Loan to CCDA 0 0 0 Transfer 499 0 499 Capital Improvements 0 0 0 Contingency 0 0 0 103,699 0 103,699 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted General Obligation Debt Service Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 2,194,525 0 2,194,525 Loan to CCDA 0 0 0 Transfer 1,893 0 1,893 Capital Improvements 0 0 0 Contingency 0 0 0 2,196,418 0 2,196,418 Facilities Capital Projects Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 29,325 0 29,325 Capital Improvements 11106,100 300,000 1,406,100 Contingency 50,000 0 50,000 1,185,425 300,000 1,485,425 Transportation Development Tax Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 526,690 0 526,690 Capital Improvements 6,800 0 6,800 Contingency 250,000 0 250,000 783,490 0 783,490 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Traffic Impact Fee Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 0 0 0 0 0 0 Underground Utility Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 320,477 0 320,477 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 370,477 0 370,477 Street Maintenance Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 228,735 0 228,735 Capital Improvements 1,830,000 0 1,830,000 Contingency 200,000 0 200,000 2,258,735 0 2,258,735 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes .Adopted Transportation SDC Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 11,000 0 11,000 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 61,000 0 61,000 Parks Capital Fund Policy and:administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 123,932 0 123,932 Capital Improvements 3,151,561 0 3,151,561 Contingency 0 0 0 3,275,493 0 3,275,493 Parks Bond Fund Police and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 1,382,013 0 1,382,013 Capital Improvements 0 0 0 Contingency 0 0 0 1,382,013 0 1,382,013 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Parks SDC Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 1,180,414 0 1,180,414 Capital Improvements 6,800 0 6,800 Contingency 100,000 0 100,000 1,287,214 0 1,287,214 Transportation CIP Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 57,410 0 57,410 Capital Improvements 1,073,448 0 1,073,448 Contingency 0 0 0 1,130,858 0 1,130,858 Sanitary Sewer Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 1,915,476 44,611 1,960,087 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 64,434 0 64,434 Capital Improvements 984,693 0 984,693 Contingency 400,000 0 400,000 3,364,603 44,611 3,409,214 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Stormwater Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 1,693,515 44,611 1,738,126 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 417,356 3,500 420,856 Capital Improvements 1,265,096 0 1,265,096 Contingency 200,000 0 200,000 3,575,967 48,111 3,624,078 Water Quality/Quantity Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 16,576 0 16,576 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 66,576 0 66,576 Water Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 8,682,558 0 8,682,558 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 24,869,726 0 24,869,726 Capital Improvements 0 0 0 Contingency 500,000 0 500,000 34,052,284 0 34,052,284 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Water SDC Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 299,130 0 299,130 Capital Improvements 0 0 0 Contingency 100,000 0 100,000 399,130 0 399,130 Water CIP Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 231,256 0 231,256 Capital Improvements 28,900,682 268,000 29,168,682 Contingency 0 0 0 29,131,938 268,000 29,399,938 Water Debt Service Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 6,259,275 0 6,259,275 Loan to CCDA 0 0 0 Transfer 7,906 0 7,906 Capital Improvements 0 0 0 Contingency 0 0 0 6,267,181 0 6,267,181 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Central Services Fund Policy and Administration 7,562,957 0 7,562,957 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 150,000 0 150,000 7,712,957 0 7,712,957 Fleet/Property Management Fund Policy and Administration 1,848,862 3,500 1,852,362 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 75,000 0 75,000 1,923,862 3,500 1,927,362 Insurance Fund Policy and Administration 50,000 0 50,000 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 983 0 983 Capital Improvements 0 0 0 Contingency 25,000 0 25,000 75,983 0 75,983 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes approved Changes Adopwd Library Donations and Bequests Fund Policy and administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 100,000 0 100,000 Capital Improvements 0 0 0 Contingency 0 0 0 100,000 0 100,000 All Funds Policy and Administration 10,361,321 3,500 10,364,821 Community Development 5,987,026 0 5,987,026 Community Services 22,158,311 142,703 22,301,014 Public Works 20,779,331 89,222 20,868,553 Debt Service 9,465,985 0 9,465,985 Loan to CCDA 0 0 0 Transfer 33,959,191 3,500 33,962,691 Capital Improvements 38,325,180 568,000 38,893,180 Contingency 4,210,000 0 4,210,000 145,246,345 806,925 146,053,270 Technical Adjustments to the 2015- 16 Approved Budget Summary Below are Technical Adjustments. Technical Adjustments are changes to the Approved Budget that come from staff in that these changes would have been included in the Proposed Budget if they had been known at the time it was published. Each item below has a brief description and then details the change to the Schedule of Appropriations. Please note that each adjustment is presented with its impact,they are not cumulative. #1: Central Services Fund—Information Technol= A request for additional appropriation in the amount of$28,180 is needed to pay a vendor to provide maintenance and support for the city's networked printers. This is an annual expense that has been in the IT budget for the prior two years and was omitted erroneously. This action will increase Policy and Administration program expenditures by$28,180 with an equal decrease in Reserve for Future Expenditures. Central Services Fund Program Approved Recommended Change Adopted Policy&Admin. $7,562,957 $28,180 $7,591,137 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 0 0 0 Capital Improvements 0 0 0 Contingency 150,000 0 150,000 Notal Fund $28,180 $7,7,;:1iL7 #2: Central Services Fund—Human Resources/Risk Management The FY 2016 Approved Budget includes funding for a Risk/Benefits Manager position as a 1.0 full-time equivalent(FTE). This position is split between Risk Management at .70 FTE and .30 FTE in Human Resources. This action will authorize the increased FTE without any impact to fund balance. #3: General Fund—Community Development The FY 2016 Approved Budget includes funding for a 1.0 full-time equivalent(FTE) as a requirement of the Safe Routes to School grant. The budget for the program was approved by Budget Committee. This action will authorize the increased FTE without any impact to fund balance. #4: Capital Improvement Program—Public Works Yard Building Relocation A request for additional appropriation totaling$50,000 is required to build a fabrication shop with restrooms at the Ash Avenue and Burnham Street which will replace the old building that will be removed.As a result, Reserves for Future Expenditures in Sanitary Sewer,Stormwater,Water,and General Fund will decrease by $12,500 in each fund to offset increases in transfers. The capital program expenditures in General Capital Facilities will increase by $50,000 offset by the increase in transfer revenues from the other four funds. 1 1 Page Sanitary Sewer Fund rQgram_ -Approved Recommended Chane___ ___-_ Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,960,087 0 1,960,087 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 64,434 12,500 76,934 Capital Improvements 984,693 0 984,693 COntingencNT 400,000 0 387,500 1'utalI"1111d 53,409,214 _12,500 53,421,714 Stormwater Fund Program Approved Recommended Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,738,126 0 1,738,126 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 420,856 12,500 433,356 Capital Improvements 1,265,096 0 1,265,096 Contingency 200,000 0 187,500 Total Fund $3,624,()7 5 x12,500 $3,63 6,578 Water Fund Program Approved Recommended Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 8,682,558 0 8,682,558 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 24,869,726 12,500 24,882,226 Capital Improvements 0 0 0 Contingency 500,000 0 487,500 Total Fund $634,052,284 $12 500 $34 064 7 2 1 Page General Fund ,ggram Approved Recommended Change Adopted Policy&Admin. $899,502 $0 $899,502 Comm. Develop. 4,037,179 0 4,037,179 Comm. Services 22,231,014 0 22,231,014 Public Works 4,118,322 0 4,118,322 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 3,422,436 12,500 3,434,936 Capital Improvements 0 0 0 Contingency 1,120,000 0 1,107,500 Total Fund X35,828,453 12,500' 535,840,953 Facilities Capital Projects Fund Pegram Approved Recommended Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 29,325 0 29,325 Capital Improvements 1,106,100 50,000 1,156,100 Contin encs, 50,000 0 50,500 Total Fund 51,185,425 WPM S1?35,425 3 Page AGENDA ITEM No. 9 Date: June 15, 2015 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 9 Date: June 9, 2015 PLEASE PRINT Pro onent—(Speaking In Favor Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,_address&Phone No. Name,Address&Phone No. Nance,Address&Phone No. AIS-2211 10. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 10 Minutes Agenda Title: Adopt CCDA FY 2016 Budget with Adjustments,Make Appropriations, and Impose and Categorize Taxes-Resolution Prepared For: Toby LaFrance Submitted By: Liz Lutz, Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Oregon local budget law requires that a budget for the following fiscal year FY 2016 be adopted by the City Center Development Agency Board of Directors prior to July 1, 2015 after approval by the Budget Committee and after a public hearing has been held before the City Center Development Agency Board of Directors. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends adoption of the FY 2015-2016 budget as approved by the Budget Committee on May 4, 2015,with any adjustments made during the hearing. KEY FACTS AND INFORMATION SUMMARY The City Center Development Agency Budget Committee (comprised of the City Center Development Agency Board of Directors and five citizens) reviewed the Executive Director's budget on May 4, 2015.The Budget Committee subsequently approved the Proposed Budget and forwarded the budget to the City Center Development Agency Board of Directors for adoption. Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption. The City Center Development Agency Board of Directors may adjust expenditures up or down as long as the increase in a fund does not exceed 10% of the fund total. The total FY 2015-2016 City Center Development Agency Approved Budget is $1,274,489,including appropriations of$1,099,498 with the remaining$174,991 comprising the agency's reserve for future expenditures. OTHER ALTERNATIVES By Oregon law, the FY 2015-2016 budget must be adopted by the City Center Development Agency Board of Directors prior by July 1, 2015. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS NA DATES OF PREVIOUS CONSIDERATION Fiscal Impact Cost: $1,274,489 Budgeted (yes or no): Yes Where Budgeted (department/program): N/A Additional Fiscal Notes: The total FY 2015-16 Approved Budget is $1,274,489,including appropriations of$1,099,498 with the remaining$174,991 comprising of the agency's Reserve for Future Expenditure. Adoption by the CCDA Board will authorize staff to spend the appropriations. Attachments CCDM Bud¢et Resolution Exhibit A-CCD A CITY OF TIGARD, OREGON CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 15- A RESOLUTION ADOPTING THE FISCAL YEAR 2015-2016 BUDGET,WITH ADJUSTMENTS, MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES. WHEREAS, a hearing by the City Center Development Agency Budget Committee on the budget document, as proposed by the Executive Director,was held on May 4,2015,where all interested persons were afforded an opportunity to appear and be heard with respect to the budget;and WHEREAS,the budget for the City Center Development Agency for the year beginning July 1,2015 was duly approved and recommended to the City Center Development Agency Board of Directors by the regularly constituted Budget Committee at its meeting on May 4, 2015, after proceedings in accordance with Chapter 294,Oregon Revised Statutes;and WHEREAS,a summary of the budget as required by Chapter 294.438 was duly published in the Tigard Times, a newspaper of general circulation in the city in accordance with Chapter 294.448;and WHEREAS,a hearing by the City Center Development Agency Board of Directors on the budget document as approved by the Budget Committee,was duly called and held on June 9,2015,where all interested persons were afforded an opportunity to appear and be heard with respect to the budget. NOW,THEREFORE,BE IT RESOLVED by the City Center Development Agency that: SECTION 1: The City Center Development Agency Board of Directors adopts the budget for FY 2015-16 as approved by City Center Development Agency Board of Directors following the budget hearing on June 9,2015. SECTION 2: The amounts appropriated for each fund for the fiscal year beginning July 1,2015,are shown on the attached —Exhibit A Schedule of Appropriations as approved by Budget Committee on May 4, 2015 with adjustments made by the City Center Development Agency Board of Directors during the hearing on June 9,2015. SECTION 3: The City Center Development Agency Board of Directors certifies to the county assessor of the County of Washington,Oregon a request for the maximum amount of revenue that may be raised by dividing the taxes under Section lc,Articles IX of the Oregon Constitution and ORS Chapter 457. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of ,2015. Chair—City of Tigard City Center Development Agency ATTEST: Recorder—City of Tigard City Center Development Agency RESOLUTION NO. 15- Page 1 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Urban Renewal Debt Service Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 278,498 -59,300 219,198 Loan to CCDA 0 0 0 Transfer 116,000 59,300 175,300 Capital Improvements 0 0 0 Contingency 0 0 0 394,498 0 394,498 Urban Renewal Capital Improvements Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 200,000 505,000 705,000 Contingency 0 0 0 200,000 505,000 705,000 All Funds Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 0 0 0 Debt Service 278,498 -59,300 219,198 Loan to CCDA 0 0 0 Transfer 116,000 59,300 175,300 Capital Improvements 200,000 505,000 705,000 Contingency 0 0 0 594,498 505,000 1,099,498 AGENDA ITEM No. 10 Date: June 9, 2015 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ADOPT CITY CENTER DEVELOPMENT AGENCY 2016 BUDGET WITH ADJUSTMENTS, MAKE APPROPRIATIONS, AND IMPOSE AND CATEGORIZE TAXES Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 10 Date: June 9,2015 PLEASE PRINT Pro onent— Speaking In Favor Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone N, . Name,Address&Phone No. I ' U y Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-2273 11. Business Meeting Meeting Date: 06/09/2015 Length (in minutes): 10 Minutes Agenda Title: TriMet-Tigard Transit Police IGA renewal Prepared For: Alan Orr Submitted By: Lisa Shaw, Police Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE This is a renewal IGA between the City of Tigard,TriMet and the City of Portland that will maintain the current level of sworn officers assigned to the Transit Police Division from the Tigard Police Department. The current agreement expires on Tune 30,2015. The renewal will begin July 1, 2015 and will continue to renew through June 2020. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends renewal of the TriMet IGA. KEY FACTS AND INFORMATION SUMMARY This renewal IGA that will maintain the current level of sworn officers assigned to the Transit Police Division from the Tigard Police Department: four (4.0) police officers and one (1.0) police sergeant. The agreement period will begin on July 1,2015 and will automatically renew for each of the next five years ending in 2020 unless either party requests termination sooner.Each year of the subsequent renewals, the City of Tigard Police Department will submit an annual budget and an updated list of officers to TriMet's Safety Director in preparation for the upcoming year. OTHER ALTERNATIVES There are no alternate funding sources available to support the existing Tigard staff assigned to the Transit Police Division if the renewal is not approved. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION The current IGA with TriMet was originally authorized in June of 2010. Fiscal Impact Cost: 3,700,000 Budgeted (yes or no): yes Where Budgeted (department/program): 100-0000-44501 Additional Fiscal Notes: TriMet will reimburse the City of Tigard on a monthly basis based on the actual expenditures of our officers including salaries,benefits,overtime and a 5%administrative fee.The FY 2015-16 total reimbursement to Tigard is estimated to be$681,060.The reimbursement for the entire five year life of the IGA is estimated to be$3.7 million. Attachments Memo to Council IGA AgendaQuick©2005-2015 Destiny Software Inc.,All Rights Reserved " City of Tigard Memorandum To: Honorable Mayor and City Councilors ~�V 1'795 From: Alan Orr, Chief of Police Re: 2015-2020 TriMet—Tigard Intergovernmental Agreement (renewal) Date: May 28, 2015 The purpose of this memo is to inform Council of the upcoming intergovernmental agreement (IGA) renewal between the City of Tigard,TriMet and the City of Portland and to request Council to authorize the City Manager to sign the agreement on behalf of the City. Staff plans to bring this forward on June 9`". Overview This is a renewal IGA that will maintain the current level of sworn officers assigned to the Transit Police Division from the Tigard Police Department: four (4.0) police officers and one (1.0) police sergeant. The agreement period will begin on July 1, 2015 and will automatically renew for each of the next five years ending in 2020 unless either party requests termination sooner. Each year of the subsequent renewals, the City of Tigard Police Department will submit an annual budget and an updated list of officers to TriMet's Safety Director in preparation for the upcoming year. As in prior agreements, officers assigned to the Transit Police work together to provide a visible presence throughout the transit system, take calls for service, make arrests and conduct investigations as needed in order to ensure the safety of TriNlet riders throughout the region. Costs TriMet will reimburse the City of'Tigard on a monthly basis based on actual expenditures of our officers including salaries, benefits, overtime and a 5% administrative fee. The FY 2015-16 total reimbursement to Tigard is estimated to be $681,060. The reimbursement for the entire five year life of the IGA is estimated to be $3.7 million. Timeframe TriMet has requested that we return the IGA to them signed by early to mid-june, so that they may circulate the document within the City of Portland as well as through their own internal process in order to have a fully executed IGA by the end of June. We have been working with the TriMet over the past two weeks since the draft agreement became available in order to review appropriately with Risk and Contracts as well as to confirm TriMet's estimated costs. If I may provide any additional information or answer any questions about this renewal, please let me know. INTERGOVERNMENTAL AGREEMENT AMONG THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON,THE CITY OF PORTLAND AND THE CITY OF TIGARD FOR TRANSIT POLICE SERVICES Contract No. GS 150821 LG This Agreement is entered into among the Tri-County Metropolitan Transportation District of Oregon ("TriMet''), the City of Portland (Portland) and the City of Tigard, pursuant to authority granted in ORS Chapter 190. RECITAL TriMet, Portland and the City of Tigard ("the parties") desire to enter into an Agreement with respect to Transit Police Division services including but not limited to deployment strategy, priority of services and administrative procedures. AGREEMENT The parties agree as follows: 1. TERM: The initial term of this Agreement shall be from July 1, 2015 through June 30, 2016. Thereafter, this Agreement will automatically renew for successive one-year terms through June 30, 2020,unless terminated sooner under the terms of this Agreement. 2. RESPONSIBILITIES OF PARTIES: See attached Exhibit A and Exhibits 1 through4. 3. TERMINATION: a. Any party may terminate this Agreement for its convenience and without penalty by giving the other parties thirty(30)days written notice of its intention to terminate. b. If TriMet is unable to appropriate sufficient funds to pay the City of Tigard for their services under this Agreement, TriMet must notify the City of Tigard and Portland and this Agreement shall automatically terminate as of the end of the last fiscal year for which such appropriations are available. C. In addition to the rights afforded under subparagraphs (a) and (b) above, this Agreement may be terminated by a party as a result of a material breach of an obligation by another party to this Agreement as provided by law or in equity. Prior to such a termination, the terminating party must provide the other parties with thirty (30) calendar days written notice of the material breach, including a detailed explanation of the breach during which period the breaching party may cure the material breach ("Cure Period"). If at the end of the Cure Period the breaching party has not cured the default, the terminating party may terminate this Agreement for default and pursue any available legal or equitable remedies. TPD 2015-2020 The City of Tigard IGA Page 1 of 21 d. Any obligations arising prior to the date of termination survive the termination, including any obligation to defend, indemnify and hold harmless any other jurisdiction. 4. INDEMNIFICATION: Portland and the City of Tigard will be responsible for the work of the officers assigned to the TriMet Transit Police Division. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the City of Tigard shall indemnify, defend and hold harmless TriMet and Portland from and against all liability, loss, and costs arising out of or resulting from the acts of the City of Tigard, its officers, employees, and agents in the performance of this Agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, TriMet shall indemnify, defend, and hold harmless the City of Tigard and Portland from and against all liability, loss, and costs arising out of or resulting from the acts of TriMet, its officers, employees, and agents in the performance of this Agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, Portland shall indemnify, defend, and hold harmless the City of Tigard and TriMet from and against all liability, loss, and costs arising out of or resulting from the acts of Portland, its officers, employees, and agents in the performance of this Agreement. 5. INSURANCE: Each party shall be responsible for providing workers' compensation insurance for their respective employees, as required by law, and may elect to commercially insure or self insure for any other liabilities assumed under this Agreement. 6. ADHERENCE TO LAW: Each party must comply with all federal, state, and local laws and ordinances applicable to this Agreement. 7. ACCESS TO RECORDS: Each party must have access to the books, documents, and other records of the other parties related to this Agreement for the purpose of examination, copying, and audit, unless otherwise limited by law. 8. SUBCONTRACTOR AND ASSIGNMENT: No party shall subcontract or assign any part of this Agreement without the written consent of the other parties. 9. ATTORNEY FEES: In the event a lawsuit is filed to obtain performance of any kind under this Agreement, the prevailing party is entitled to additional sums as the court may award for reasonable attorney fees, all costs, and disbursements, including attorney fees, costs, and disbursements on appeal. 10. SEVERABILITY: The parties agree that, if any term of this Agreement, is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms will not be affected. 11. FEDERAL FUNDING: This Agreement is funded in part by a U.S. Department of Homeland Security Grant Agreement between TriMet and the U.S. Department of TPD 2015-2020 The City of Tigard IGA Page 2 of 21 Homeland Security. This Agreement is subject to all provisions prescribed for third party contracts by that financial assistance agreement as set forth in the attached and incorporated Exhibit A. 12. ENTIRE AGREEMENT: This Agreement as set forth herein incorporates by reference all of the terms and conditions of Exhibit A and the Exhibitsl through 4, which are attached hereto and made a part of this Agreement and constitutes the entire agreement among the parties. This Agreement may be modified or amended only by the written agreement of the parties. 13. NOTICES: The parties must send any notices, bills, invoices, reports, or other written communications required by this Agreement through the United States Mail, first-class postage paid, or personally delivered to the addresses below: The parties have caused this Agreement to be executed by their duly appointed officers, authorized to bind the party for which they sign. CITY OF TIGARD CITY OF PORTLAND TRI-COUNTY METROPOLITAN 13125 SW Hall Blvd. 1221 SW 4T"Ave. TRANSPORTATION DISTRICT OF Tigard,OR 97223 Portland,OR 97204 OREGON(TRIMET) 4012 SE 17`h Ave. Portland,OR 97202 Martha Wine Charlie Hales Harry Saporta City Manager Mayor Executive Director, Safety, Security Environmental Services date date date Mary Hull Cabellero Auditor date Approved as to form: N/A Legal Counsel Tracy Reeve,City Attorney TriMet Legal Counsel date date date TPD 2015-2020 The City of Tigard TGA Page 3 of 21 Exhibits: Exhibit A—U. S. Department of Homeland Security Grant Requirements Exhibit 1 —Transit Police Division Administration&Operations Exhibit 2 —Transit Police Division Staffing Letter Exhibit 3 —Transit Police Division Personnel Operations Exhibit 4—SOP A-20 Transit Police Standard Operating Procedure TPD 2015-2020 The City of Tigard IGA Page 4 of 21 EXHIBIT A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT REQUIREMENTS As used below, the term"Contractor"shall mean the City of Tigard. I. DEFINITIONS A. Homeland Security Directive includes any Homeland Security circular, notice, order or guidance providing information about Homeland Security grants, programs, application processing procedures, and Project management, including grant requirements and guidelines. B. Government means the United States of America and any executive department or agency thereof. C. Homeland Security means the United States Department of Homeland Security (DHS) or its Office for Domestic Preparedness, and including but not limited to the Federal Emergency Management Agency(FEMA). D. Third Party Subcontract means a subcontract at any tier entered into by Contractor or a subcontractor, financed in whole or in part with Federal assistance originally derived from Homeland Security. II. FEDERAL REQUIREMENTS A. Homeland Security requires that a grant recipient require that any contractor employed in completion of a DHS grant project comply with the applicable requirements of Title 2, Part 200 of the Code of Federal Regulations (C.F.R.), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the terms and conditions of which are incorporated herein by reference. In addition, any such contractor shall require each of its subcontractors employed in the completion of the project to comply with the foregoing requirements B. Contractor shall at all times comply with all applicable terms, conditions, regulations, policies, procedures and Homeland Security Directives, including without limitation those listed directly or by reference in the financial assistance agreement between TriMet and the Homeland Security, as they may be amended or promulgated from time to time during the term of this Agreement, which shall be deemed to be incorporated herein. Contractor's failure to so comply shall constitute a material breach of this Agreement. Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. TPD 2015-2020 The City of Tigard 1GA Page 5 of 21 C. All Homeland Security mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause TriMet to be in violation of the Homeland Security terms and conditions. III. ACCESS TO RECORDS A. Contractor agrees to provide TriMet, Homeland Security, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. B. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. Contractor agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than six years after the later of. (a) the date of termination or expiration of this Agreement or (b) the date Contractor receives final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case Contractor agrees to maintain same until TriMet, Homeland Security, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. D. Contractor agrees to include paragraphs A, B, and C above in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. IV. DEBARMENT AND SUSPENSION This Agreement is a covered transaction for purposes of 2 CFR Part 200. As such, Contractor is required to verify that none of Contractor, its principals, as defined at 2 CFR Part 180, or affiliates, as defined at 2 CFR Part 180, are excluded or disqualified as defined therein. By signing this Agreement, Contractor makes a material representation of fact relied upon by TriMet that Contractor has complied with 2 CFR Part 180. If it is later determined that Contractor knowingly rendered an erroneous representation of compliance with 2 CFR 200, in addition to and without limitation of the remedies available to TriMet, the Federal Government may pursue any available remedies, including but not limited to suspension and/or debarment. In addition, Contractor is required to comply with 2 CFR Part 200 throughout the term of this Agreement, and must include the requirement to comply with 2 CFR Part 200 in any lower tier covered transaction it enters into. V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR A. TriMet and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Government, the Government is TPD 2015-2020 The City of Tigard IGA Page 6 of 21 not a party to this Agreement and shall not be subject to any obligations or liabilities to TriMet, Contractor, or any other party (whether or not a party to that Agreement) pertaining to any matter resulting from the underlying Agreement. B. Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. VI. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to non- construction contracts in excess of$2,500 that employ laborers or mechanics) A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-330) and 40 U.S.C. 3701-3708 as applicable, as amended and as supplemented by Department of Labor regulations(29 C.F.R. Part 5), which are incorporated herein. B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. C. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause in Paragraph B of this section, Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph B of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph B of this section. D. Withholding for unpaid wages and liquidated damages — TriMet shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph C of this section. E. Subcontracts - The contractor or subcontractor shall include in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring TPD 2015-2020 The City of Tigard IGA Page 7 of 21 the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section. VII. NOTICE OF REPORTING REQUIREMENTS Contractor shall comply with the reporting requirements of Homeland Security stated in 2 CFR Part 200.328.The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. VIII. COPYRIGHTS A. Contractor agrees that Homeland Security shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: 1. The copyright in any work developed with the assistance of funds provided under this Agreement; 2. Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement. B. Contractor agrees to include subparagraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. IX. PATENT RIGHTS A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, TriMet and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the Homeland Security. Unless the Government later makes a contrary determination in writing, irrespective of the Contractor's status (large business, small business, state government or instrumentality, local government, nonprofit organization, institution of higher education, individual), TriMet and Contractor agree to take the necessary actions to provide, through Homeland Security, those rights in that invention due the Government in accordance with 44 CFR Part 13.36(1)(8). B. The Contractor also agrees to include paragraph A above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by Homeland Security. TPD 2015-2020 The City of Tigard IGA Page 8 of 21 X. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L. 94-163, 89 Stat.871). Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. In addition, to the extent applicable, Contractor shall comply with the requirements of 2 CFR Part 200.322 regarding procurement of recovered materials. XI. ENVIRONMENTAL REQUIREMENTS A. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. Contractor agrees to report each violation of these requirements to TriMet and understands and agrees that TriMet will, in turn, report each violation as required to assure notification to Homeland Security and the appropriate EPA regional office. B. Contractor agrees to comply with applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq. Contractor agrees to report each violation to TriMet and understands and agrees that TriMet will, in turn, report each violation as required to assure notification to Homeland Security and the appropriate EPA Regional Office. C. Contractor agrees to include the requirements at paragraphs A, B and C above in each third party subcontract exceeding $150, 000 financed in whole or in part with Federal assistance provided by Homeland Security. TPD 2015-2020 The City of Tigard IGA Page 9 of 21 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The City of Tigard certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. Executed this day of , 20 By: Signature of Authorized Official Title of Authorized Official TPD 2015-2020 The City of Tigard IGA Page 10 of 21 EXHIBIT 1 TRANSIT POLICE DIVISION ADMINISTRATION & OPERATIONS 1. SERVICE LEVEL For the term of this Agreement, the City of Tigard will provide one or more full-time officer(s) for assignment to the Transit Police Division (hereinafter Division), in such numbers and classifications as the parties mutually agree in writing, by letter among the City of Tigard Police Chief, the Transit Police Division Commander and TriMet's Executive Director - Safety, Security and Environmental Services ("Executive Director") with such letter in the form set forth in Exhibit 2. If a vacancy of any of the agreed-upon number of officers is not filled within 90 days, the parties agree that TriMet may reassign the opening to another jurisdiction, to provide officer(s)to the Division. The City of Tigard personnel assigned to the Division will remain employees of the City of Tigard and will not be considered employees or agents of TriMet or the City of Portland (Portland). For purposes of this Agreement, the officer(s) assigned to the Division will be referred to as assigned to the TriMet Transit Police Division. 2. OPERATIONS a. Deployment Strategy and Priority for Services: The parties recognize that they have legitimate interests in the management and deployment of officers assigned to the Transit Police Division. The parties will work together to ensure: (1) Visible Presence: The priority for Transit Police deployment is presence on the transit system vehicles and at transit system public facilities. (2) Calls for Service: In general, response to 9-1-1 calls for transit system incidents shall be responded to by local law enforcement from the respective jurisdiction. (3) Arrests: Arrests on the transit system incidents shall be by the respective Transit Police or local law enforcement that originated action on the incident. (4) Law Enforcement Support: Transit Police and local law enforcement shall be responsible for law enforcement support activities for their respective primary areas of responsibility. (5) Enforcement: Transit Police enforcement shall focus on TriMet ordinances, including fare enforcement, and State and City laws to help ensure the security of passengers, employees, and transit system property. (6) Problem Orienting Policing: Transit Police deployment shall focus on identified problem areas, routes and/or transit centers/transfer points based on data relative to the greatest needs for "preventive action"; using community policing strategies whenever possible. TPD 2015-2020 The City of Tigard IGA Page 11 of 21 b. Agency Cooperation and Coordination: (1) The parties will work closely and continuously communicate with each other to ensure that the resources, strategies, work force deployment, and initiatives of TriMet, Portland, and the City of Tigard are coordinated and effective. (2) The Commander, TriMet Transit Police Division, or his/her designee, will coordinate contact with the parties to insure that the resources, strategies, work force deployment, and initiatives of the Division and those of the respective law enforcement agencies are coordinated and effective. (3) The City of Tigard agrees to work cooperatively in an effort to increase reporting of TriMet related incidents. The City of Tigard agrees to provide to the Division TriMet coded reports, data, and records. TriMet agrees to make available to the City of Tigard, through the Division, particular data, reports, records, etc. that will assist in fulfilling the mission as outlined in this document. C. Officer Seniority: Determination of officer seniority of the Transit Police Division for purposes of making shift, vacation, holiday, and overtime assignments shall be according to the attached Exhibit 3. d. K-9 Unit Training Facility: TriMet has entered into a ground lease (hereinafter "Lease") with the Port of Portland effective September 17, 2007 for the use of certain premises (hereinafter "Premises") to house explosives storage magazines in support of TriMet's training requirements to maintain U.S. Department of Homeland Security, Transportation Security Administration ("TSA") certification for K-9 units. Certain Transit Police Division personnel as designated by TriMet and TSA will be authorized to access and utilize the Premises for purposes of TriMet's K-9 unit training in accordance with the Lease terms. The City of Portland agrees that the work and operations of the Division including assigned transit police personnel, with respect to activities relating to the Premises, are subject to and shall comply with all provisions and requirements of the Lease, the terms of which are incorporated into and made part of this Agreement, and specifically any obligations of TriMet as Lessee. e. Body Cameras: It is the intent that sworn officers will wear body cameras, subject to the Subsidiary Agreement law enforcement jurisdictions and Portland reaching mutual written agreement regarding the use of body cameras. Portland shall be responsible for the Division's purchase, implementation and use of body cameras. f. Supplemental Police Services: TriMet agrees to pay for supplemental Division police services on an intermittent basis to assist the Division in responding to occasional community impacts or surges that require additional policing. The Executive Director must approve the use of supplemental Division police services prior to deployment by the Division Commander. Once approval is received from TPD 2015-2020 The City of Tigard IGA Page 12 of 21 the Executive Director, the Division Commander will submit in writing to the Executive Director the name of the Subsidiary Agreement jurisdiction providing the supplemental police services, and the number and names of personnel being assigned. g. Term of Assignment: Officers assigned to the Transit Police Division shall serve a minimum of three(3) years. The term of assignment may be extended upon mutual agreement by TriMet and the City of Tigard. In the event of a hardship, the City of Tigard shall notify TriMet in writing explaining the hardship. The term of the assignment shall be revised as mutually agreed upon. 3. REIMBURSEMENT OF COSTS a. Personnel Costs: The City of Tigard must pay the salaries, overtime, insurance, retirement, and other benefits ("Personnel Costs") of its respective personnel serving in the TriMet Transit Police Division. The City of Tigard shall invoice TriMet monthly for all actual incurred Personnel Costs for such Division personnel. Administrative fees charged by the City of Tigard to TriMet in connection with billings shall not exceed the sum of 5% of direct costs of salaries, overtime, insurance, retirement and other benefits paid to its personnel (Personnel Costs) assigned to the Division. TriMet agrees to compensate the City of Tigard within thirty(30) days after receiving the invoice. Invoices should be submitted to TriMet, Attn: Accounts Payable-FN4, 4012 SE 17th Avenue, Portland, OR 97202. b. Training/Meeting Costs. Training and meeting costs must be pre-approved by the Commander. Transit Police personnel must follow training protocols established by their respective agencies and complete the necessary paperwork to attend training. Trainings must be scheduled at least 30-days in advance. If approved by the Commander, the Commander shall forward the training/meeting cost requests to TriMet's Executive Director for final approval. C. Equipment and Uniforms: The City of Tigard shall assign officers to Transit Police with a standard uniform and a complement of personal equipment at its own expense. Non-personal equipment purchased at TriMet expense specifically for Transit Police shall be for the exclusive use of Transit Police, regardless of title. Personal equipment (such as but not limited to TASERs) purchased by TriMet for the use of officers from other agencies that do not provide such equipment shall remain for exclusive use within Transit Police, regardless of title. Expenses associated with routine replacement of uniform and equipment damaged or worn-out in normal use shall be billed to TriMet subsequent to pre-approval by the Executive Director. Operating costs for equipment (such as but not limited to telecommunications, radios and mobile telephones) shall be billed to TriMet subsequent to pre-approval by the Executive Director. Monthly equipment replacement reserve costs for those items Portland manages in that manner shall be billed to TriMet. TPD 2015-2020 The City of Tigard ICA Page 13 of 21 The City of Portland shall be responsible for its incurred expenses in performing this Agreement unless authorized and approved by the Executive Director in accordance with this subparagraph d. d. Any reimbursement by TriMet of costs or expenses incurred by Portland or Subsidiary Agreement jurisdictions in the performance of this Agreement not included in subparagraphs (a) and (b) above, shall be subject to the Executive Director's prior authorization and approval, including but not limited to expenditures for supplies, vehicles, equipment and uniforms. e. Amount: Before December Is' of each year of this Agreement, the City of Tigard must submit to TriMet a proposed annual budget for services under this contract for next fiscal year (July 1 through the following June 30). The parties will then agree on the compensation to be paid by TriMet for services to the City of Tigard under this Agreement. If the parties cannot agree on such compensation by June 1s`, any party may elect to terminate this Agreement without penalty. TPD 2015-2020 The City of Tigard IGA Page 14 of 21 EXHIBIT 2 TRANSIT POLICE DIVISION STAFFING LETTER (on TriMet letterhead) (date of letter) Chief of PoliceCity of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: City of Tigard Police Staffing to TriMet Transit Police Division Dear This letter is issued pursuant to the June 1, 2015 Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), the City of Portland and the City of Tigard, for TriMet Transit Police Services, as amended, to establish or change the number of police officers assigned from the City of Tigard to the TriMet Transit Police Division. Prior Staffing from(effective date of agreement), 2015, To-Date • from (effective date of agreement), 2015 to (date) (specify number of officer(s)) • from(date)to (date) etc. (specify revised number of officer(s)) etc. • from (date)to (effective date of this staffing change) (specify revised number of officer(s)) Staffrnm from (effective date of this staffing change) • from (effective date of this staffing change) (specify revised number of officer(s)) Any future change in the number of officers assigned from the City of Tigard Police to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter in similar form. Sincerely, Harry Saporta Executive Director, Safety, Security& Environmental Services TriMet Agreed to by the City of Tigard: Agreed to by the City of Portland: Chief of Police date Transit Police Commander date TPD 2015-2020 The City of Tigard IGA Page 15 of 21 EXHIBIT 3 TRANSIT POLICE DIVISION PERSONNEL OPERATIONS It is the intent of this Agreement: (1) to recognize that the TriMet Transit Police Division (Division) is staffed by police officers from multiple jurisdictions, each covered by their respective collective bargaining agreements, but that shifts, days off, vacations and overtime need to be assigned in a fair and equitable manner; (2) to provide for assignment of shifts, days off, vacations and overtime by seniority; (3)to allow for the change of shift hours of operation and to re-allocated positions and days off within certain shifts to maintain an appropriate balance of field strength. THE PARTIES AGREE THAT: 1. Current and future the City of Tigard officers assigned to the Division will use the City of Tigard date of hire seniority as the means to select shifts, days off, vacations and overtime. 2. Current and future the City of Tigard officers assigned to the Division will abide by the provisions of this Exhibit 3. 3. Seniority shall be defined as the length of uninterrupted service by the officer in his/her agency within the officer's classification following the officer's most recent appointment. Time spent in the Armed Forces, on military leaves of absence, other authorized leaves and time lost because of duty-connected disability shall be included in length of service. If an officer who has been promoted reverts to a position she/he formerly held, the officer's seniority shall be the sum of the seniority earned in the promotional class and in the class to which the officer reverts. 4. Subject to staffing needs and maintaining efficiency of the Division/Detail, seniority shall be the prime factor in the selection of shifts and days off provided the officer is otherwise qualified. Seniority shall govern in the selection of vacation and holidays. 5. In the case of voluntary transfer and/or assignment, the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacations. The transferring officer may not use seniority to bump another officer's shift or days off until 45 days from the date of the written request. 6. In case of involuntary transfer and/or assignment, the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacation. In the event of an involuntary transfer, the Division shall accommodate the shift and/or days off preferences of transferring officers immediately, and shall not involuntarily bump any other officer for at least thirty (30) days from the time the bumped officer receives notice of the bump. The transferring officer may not use seniority to bump another officer's shift or days off until 30 days from the date of the written request. 7. For the purposes of this Agreement, the phrase "Transferring Officer" shall refer to an officer desiring to change shifts, days off or assignments, or an officer who is involuntarily transferred. TPD 2015-2020 The City of Tigard IGA Page 16 of 21 8. The Division shall prepare a form to be used by officers desiring to transfer from one shift, assignment, or day off configuration to another within the same reporting unit. For the purposes of this Agreement, this form shall be referred to as the "Transfer Request Form." The Transfer Request Form shall contain a place for transferring officers to indicate their preferences with respect to shifts and days off. 9. A transferring officer may complete a Transfer Request Form at any time. If the officer is seeking or anticipating a transfer, the officer shall file the Transfer Request Form with a Division Lieutenant. If the officer is seeking a change in days off or shifts which do not involve a transfer between reporting units, the Transfer Request Form shall be filed with the officer's shift commander. The Division will forward a copy of the Transfer Request Form to the location of the anticipated transfer. 10. In the event of a change in days off or shifts that do not involve a change in reporting units, the time frames referred to in Sections 5 and 6 of this Exhibit 3 shall begin to run when the transferring officer submits the Transfer Request Form. 11. When the Division knows that an officer's preferences as indicated on a Transfer Request Form will result in the displacement of the shift or days off of another officer(referred to herein as the Transferred Officer), the Division shall notify the Transferred Officer as soon as possible of the fact that he or she may be bumped. 12. The Division shall accommodate the shift and/or days off preferences of transferring officers on a faster time schedule than that contained in Sections 5 and 6 of this Exhibit 3, if, in the Division's judgment, it is operationally sound to do so, provided that no other affected officer is bumped from his or her days off or shift who objects to the accommodation. 13. An officer may exercise seniority to bump another officer for shift and days off only once in ninety(90) days. 14. Vacations. Employees shall be allowed to select two vacation periods on the basis of seniority. Each vacation period must be of a minimum duration of one day. Vacation time shall be scheduled by the Division with due consideration being given to requests from officers which shall be determined among officers of equal rank by seniority; provided, however, that each officer shall be permitted to exercise the right of seniority only once each year. The sign-up deadline for the exercise of seniority in the selection of vacations shall be March 15 for the calendar year running from April 15 through April 14 of the following year. 15. Holiday Assignment. Where the shift strength is reduced or increased on holidays, consistent with the needs of the Division, assignments shall be offered to the most senior officer. Except for an emergency, the Division shall provide a minimum of ten (10) days' notice of any deviation from normal shift strength so that officers may plan the use of their time. A. Where shift strength is reduced, the most senior officer scheduled for duty on the shift shall be offered the option of working or not. Where shift strength is increased, the most senior officer on the shift shall be offered the option of working or not. B. For purposes of this section,New Year's Eve and Christmas Eve shall be treated as holidays. TPD 2015-2020 The City of Tigard IGA Page 17 of 21 16. Seniority for Vacation Purposes upon Transfer. If an officer is involuntarily transferred, the Division shall honor the officer's pre-selected vacation times, and shall not disrupt the pre- selected vacation time for other officers in the division to which the officer is involuntarily transferred. If an officer accepts a voluntary transfer, the Division shall attempt to accommodate, to the extent possible, the officer's pre-selected vacation times. 17. Shift Overtime. Where the overtime is not directly related to activities begun by an officer during the officer's regular shift,and where the planned overtime is anticipated to be four(4) hours or more in duration, the overtime shall be offered, in the order of seniority, to officers in the Division. Once each eligible officer has had the opportunity to work shift overtime in a pay period, officers may once again use their seniority to work shift overtime as described above, and the seniority list shall rotate in the same fashion thereafter. The Division shall maintain a list in each reporting unit upon which officers must place their names indicating a willingness to work shift overtime. If an officer is incorrectly passed over for shift overtime, the officer shall be allowed to work a makeup overtime assignment within the next two pay periods following the discovery of the error. The officer and the Division shall mutually agree upon the makeup overtime assignment, which shall not displace another officer's already-selected overtime assignment. An officer who has been incorrectly passed over shall not be otherwise entitled to compensation for the missed overtime. 18. Work Hours. An officer will normally be given adequate advance notice of any change in the officer's regular hours of work, except where an emergency (an emergency is defined as an unforeseen event affecting the Division's ability to perform its mission) exists. Notice given less than forty-eight (48) hours (or seventy-two [72] hours under the Four-Ten Plan) before the officer is to begin work under the changed schedule entitles the officer to compensation at the overtime rate for those hours not exceeding eight (8) hours that are earlier, later, or different from the hours the officer last worked in a work day. A police officer is not entitled to compensation under the overtime rate if the officer is otherwise entitled to compensation under the same hours of work, or if shift changes are the result of a voluntary transfer or promotion. 19. Discipline. Discipline and discharge of the City of Tigard officers assigned to the Division will be the responsibility of the City of Tigard and in accordance with the Collective Bargaining Agreement between the City of Tigard and the Tigard Police Officer's Association. 20. Citizen Complaints. All citizen complaints concerning the City of Tigard officers to be referred to the City of Tigard with the finding copied to the Commander, Transit Police Division. The City of Tigard agrees to: A. Maintain a police accountability system as described at subsections (B) through (G) below. B. Provide an accountability system intake point to which the other participating Transit Police jurisdictions ("jurisdictions") can refer or deliver complaints about the City of Tigard officers working in the Transit Police Division. C. Receive, review and evaluate all complaints referred or delivered by the other jurisdictions concerning its officers who work in the Transit Police Division. TPD 2015-2020 The City of Tigard IGA Page 18 of 21 D. Deliver all complaints about an officer who works in the Transit Police Division received from citizens or generated by peace officers to the accountability system intake point of the subject officer's employing jurisdiction. E. Absent a conflict with ORS 181.854 (3), permit investigators from other jurisdictions to share information with their counterparts investigating or reviewing an incident involving a Transit Police Division officer. F. Adhere to Portland Police Bureau Transit Police Division SOP A-20 (Exhibit 4) to the extent it does not conflict with the City of Tigard labor agreement and agency procedures or directives. G. Conduct joint investigations when necessary and appropriate. 21. Collective Bargaining Agreement. All other terms and conditions of any current Collective Bargaining Agreement between the City of Tigard and the Tigard Police Officer's Association shall remain in effect as to other issues not addressed by this Exhibit 3. In the event of a conflict between such Collective Bargaining Agreement and this Exhibit 3, the provisions of such Collective Bargaining Agreement shall govern. TPD 2015-2020 The City of Tigard IGA Page 19 of 21 ExHIBIT4 TRANSIT POLICE STANDARD OPERATING PROCEDURES SOP: A-20 EFFECTIVE: April 1,2012 REVIEW: April 1,2014 SUBJECT: Non-Criminal and Criminal Investigations Involving Transit Police Members PURPOSE: To establish a process for handling non-criminal and criminal investigations that respects all rights and privileges under the affected member's collective bargaining agreement and the member's agency policies. DEFINITIONS: Partner Agency: Any police agency that has a current Intergovernmental Agreement with the Tri- county Metropolitan Transit Authority to supply law enforcement services. Non-criminal Complaint: A complaint made against an officer or deputy where there are no allegations ofcriminal conduct. Criminal Investigation: An investigation to determine criminal culpability. Lead Agency: The agency taking primary responsibility for the non-criminal or criminal investigation. POLICY: Non-Criminal Investigations Non-criminal complaints received by the Transit Police Division (TPD), Internal Police Review (IPR) or any partner agency will be referred to the respective member's agency for disposition. The member's agency will be the lead agency and will be responsible for processing/investigating the complaint using their policies. Criminal Investigations Complaints or events that warrant a criminal investigation will be referred to the jurisdiction of occurrence. The jurisdiction of occurrence will become the lead agency. The lead agency will be responsible for processing/investigating the incident using their policies. Cooperation All partner agencies acknowledge that investigations should be thorough and completed without unreasonable delay. Partner agencies will cooperate with the lead agency in an investigation, to the extent allowed by their (partner agency) policies and collective bargaining agreements, to ensure the investigation is thorough and completed in a timely manner. TPD 2015-2020 The City of Tigard IGA Page 20 of 21 1 Notifications When the lead agency receives a complaint or opens an investigation where there is alleged misconduct by a TPD member, the lead agency will notify the TPD commander and the employing agency as soon as possible. At the completion of each investigation the lead agency will apprise the TPD commander and the employing agency of the findings. M CHAEL A. CREBS Commander Portland Police Transit Police Division TPD 201.5-2020 The City of Tigard IGA Page 21 of 21