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City Council Packet - 06/14/2016 lAll6 City of Tigard Tigard Business Meeting-Agenda TIGARD TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY& LOCAL CONTRACT REVIEW BOARD Agenda Revised June 8, 2016 - Executive Session added at end of meeting, Revised June 13, 2016 -Agenda Reordered,June 14, 2016 - Item No. 9 moved up to become Item No. 7. MEETING DATE AND TIME: June 14,2016 - 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 heard 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 503-718-2419, (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: 503-718-2410 (voice) or 503-684-2772(MD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov 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. IIP4I "' City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY& LOCAL CONTRACT REVIEW BOARD Agenda Revised June 8,2016-Executive Session added at end of meeting,Revised June 13,2016 -Agenda Reordered,June 14,2016-Item No.9 moved up to become Item No.7. MEETING DATE AND TIME: June 14,2016 - 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 •EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations and the performance and review of city manager,under ORS 192.660(2) (d) and (i).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. 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time 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 High School Student Envoy C. Tigard Area Chamber of Commerce D. 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: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH CLEAN WA 1'hR SERVICES FOR CONSTRUCTION OF EAST TIGARD SEWER REPLACEMENT C. APPROVE INTERGOVERNMENTAL AGREEMENTS WITH WASHINGTON COUNTY LIBRARY SERVICES D. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG COMMERCIAL STREET AND PACIFIC HIGHWAY E. CONSIDER RESOLUTION SETTING ANNUAL STIPEND FOR MAYOR AND COUNCIL F. RESOLUTION OF APPRECIATION FOR TIGARD HIGH SCHOOL ENVOY SHAINA AZBARI •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. DISCUSSION OF UPCOMING CONTRACTS AND PURCHASES 7:40 p.m. estimated time 5. INFORMATIONAL PUBLIC HEARING: LCRB CONSIDERATION OF PUBLIC CONTRACTING EXEMPTION FOR THE CIVIC CENTER VISIONING STUDY PROJECT 7:50 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDING TMC CHAPTER 3.24 SYSTEM DEVELOPMENT CHARGE PROGRAM 8:05 p.m. estimated time 7. INFORMATIONAL PUBLIC HEARING:ADOPT THE CCDA FY 2017 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES 8:20 p.m. estimated time 8. CONSIDER RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES 8:30 p.m. estimated time 9. INFORMATIONAL PUBLIC HEARING: CONSIDER RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING 8:35 p.m. estimated time 10. INFORMATIONAL PUBLIC HEARING: CONSIDER ADOPTION OF MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION 15-31 AND SUBSEQUENT AMENDMENTS 8:40 p.m. estimated time 11. INFORMATIONAL PUBLIC HEARING:ADOPTION OF THE BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED 8:50 p.m. estimated time 12. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF FOURTH QUARTER SUPPLEMENTAL BUDGET 9:05 p.m. estimated time 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard City Council will enter into Executive Session under ORS 220.160(2) (h) pending litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 9:15 p.m. estimated time 15. ADJOURNMENT 9:25 p.m. estimated time City of Tigard Tigard City Council Meeting Agenda TIGARD June 14, 2016 CITY COUNCIL STUDY SESSION A. EXECUTIVE SESSION: Mayor Cook will read the following: The Tigard City Council will enter into Executive Session to discuss labor negotiations and the performance and review of the city manager under ORS 192.660 (2) (d) and (i). 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 under 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. Human Resources Director Bennett will be in attendance. 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time Council Meeting Calendar June 7 Tuesday Council/City Center Development Agency Meeting—6:30 p.m.,Town Hall 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 Business Meeting—6:30 p.m.,Town Hall July 5 Tuesday -. -- - D :: - - • -- -. •, .. -CANCELLED 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall August 2 Tuesday -- - : . - :: -- • : - CANCELLED 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11 Thursday Council Summer Outreach, Cook Park,Bishop-Scheckla Pavilion (6-8 p.m.) 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday C-*ncil Business Meeting 6:30 p.m.,Town Hall—CANCEL'ED Regularly scheduled Council meetings are marked with an asterisk (*). SUPPLEMENTAL PACKET FOR 6n (DATE OF MEETING) CoUnc► l Li4 Communicating with Your °'L41c ; Jo F(eYl`Ie' Customers about Lead and Other Issues Regional Water Providers Consortium June 1, 2016 if I •.. >i+ • • • Electronic Polling Lead Quiz Time ! www�W^a'<i Q 412;s e e Q (24 e ° 2 When did humans first use lead ? ( If you don't know—take a guess ! ) 1. Industrial Revolution 92% 2. Dark Ages 3. Pre-dates the Bronze Age The earliest recorded lead Industrial Dark Ages Pre-dates the mine operated in Turkey Revolution Bronze Age around 6500 BC. What is the Latin word for lead ? 1. Leadium 36% 4/2. Plumbum 27% 3. Plomo 4. Lead 18% 18% I In medieval times anyone who worked with lead was Leadium Plumbum Plomo Lead referred to as a plumber. When did we learn it was toxic? 1. 1930 50% 50% 2. 1750 4/3. 250 BC • 4. 2,000 BC The Greek philosopher Nikander of Colophon , ice reported on colic and 1930 1750 250 BC 2,000 BC anemia resulting from lead poisoning in 250 BC. When was the first law banning lead issued ? 4/ 1. 1696 46% 2. 1842 3. 1923 4. 1991 23% 23% In 1696, Duke Ludwig of the German city of Ulm issued a 8% decree forbidding the use of Al lead-based additives in any wine product. For anyone who 1696 1842 1923 1991 violated this decree, e . hr What's a gooseneck? 100% • i/1. The neck of a goose v'''2. A flexible jointed pipe 4/3. A trailer hitch Between 1900 and z 1940, short pieces of The neck of a A flexible A trailer hitch lead pipe were goose jointed pipe sometimes used to connect the water main Niiiiiii._ 1.3 to customers' service lines. Lead is now a "top of mind issue" across the nation because of the tragedy in Flint, Ml )ractke. THE NVTRIBUNE INE KIWSWIPFa FOR mt toerN SOcND LEAD IN SlE Ztl,l_i t[1 AISIISW.l171iYS;n „'"�n:.:µ • in Yirllnsnn:..e:r p.r: 4)YOUR WATER High levels of lead >>� Ind'sonwrong ���;,�M+�„ water at 4 Tacoma homes :••: States, o n.«.:.cmrn:-..a L lo.umnY:w al�rlwrv�MYM.1..M1r'I I>tif Ne r.Ir MSM +r4MW Nee J4CILW •�'Vr'1'uverr.r.ntc� VmedW,...ca iLSlnek Aral.'n_.... utilities �'�a1 �I ��iL�. )oLs C��j e Seattle Mmes resist lead � :._,�.. rl�n 0a tu.vun....lae. disclosures °� s�.� I,AnrCv.FEI>A.rp.M.u,»K- o�,:u.w.too be , Lead advisory: Run the tap, Seattle EPA wants info about O .4.1t.•LEVELS FOUND ATaMOT TACOMA MONLS yF^ea...,•.«,ro.•:r a�...0 rg risky pipes posted ,�.mw. on .aa...a.m<: �._:! SealnlN<Mcel.yb some?Wings to blame famna "�",. x«r•:u N...ara. eL....: •on., �^ . ,, a.cavllWn�t.IsU:� +.v..W.LG4N:aa. 0...6.....1.a.,.nw. ir• Nc11-Li._._.. 01 Alison Young THE N �FRIBUNE ` i6al4on:wlyvune USA TODAY TR Fl•.>rvae F'.OR 4)e1a Y.:enl Some states and water utilities tlMF1011 TO LMr0111 O!nYIr7 M OTOTY balk at the Environmental Pro- tection Agency's call to post in- LOOKING FOR LEAD ventory information online about — * • the number and locations of risky r - ' z �J lead pipes in their systems,ac- a (' F �"'",4 Ta mini labs r cording to a review of documents • • • ' - , �• n' t rt mnux p of requests ..^ It1� - r S . for lead Rids What's the problem with lead in drinking water? • Lead enters drinking water primarily through plumbing -- • materials. • EPA estimates that drinking water can make up 20% or more of a person's total icir* exposure to lead. (National) • For children, even low levels of lead can results in: Vulnerable o Behavior and learning problems populations include o Lower IQ and hyperactivity pregnant women, o Slowed growth o Hearing problems infants and young o Anemia children. What are the rules? II In 1991 the EPA published a regulation to Lr control lead and copper in drinking water. (Rev. 2000 & 2007) • Rule requires systems to monitor drinking water at customer taps (beyond the meter). 10 What are the compliance sampling protocols ? • Only high-risk homes are sampled (Tier 1) • Home with a lead service line or • A home built or plumbed between 1983 and June 30, 1985, that has lead solder. • Water is tested by resident first thing in the morning, after water has been standing in the pipes overnight • • These are worst case conditions. What happens if utilities exceed the action level ? Salem, FLUSH YOUR If more than 10% of compliance PIPES Here's how monitoring tap water samples , keep exceed the action level, waterthe lead USE ONLY COLD WATER systems are required to: out otyour • Take further steps to control drinking corrosion (if they serve 50,000 water people and have not fully optimized). • Educate the public about lead GET YOUR and actions they can take to WATER TESTED reduce their exposure to lead. FOR FREE _. . W o, • Replace the portions of lead . „if .� .,.._ _ . service lines under the water ma AT YOUI SElYI6 system's control. 12 Portland 's process is a bit different • Sampling is done in a pool IVO aim m through the "Joint Monitoring is Program" • Incudes samples from multiple water providers in ane the region. "` SES g Conn Oregon Health Authorityw�,, authorizes Portland's "Lead ._ Hazard Reduction Program" Lead Hazard Reduction instead of additional Program addresses the optimization. reduction of not just lead in water, but of all lead hazards in the Portland area. Considerations in developing recommendations for new rules • There is no safe level of lead in ( blood., Lead plumbing materials ce"'a'"gw,•rm. in contact with water may pose National Drinking Water a risk at all times, not just when Advisory Council the action level is exceeded. Recommendations • Proactive action to remove lead materials is needed. • Source is in the service lines and in homes. Elimination of lead materials is a shared responsibility. http://www.waterrf.org/resources/webcasts/Lists/PublicWebcasts/Attachments /60/042116Webcast_FINAL.pdf 14 A. AWWA rat CONNECTIONS M Wat Association Public outreach key to mitigating lead risks (May 12, 2016) " Public outreach is always important and surely it will be emphasized in the revised Lead and Copper Rule" — AWWA CEO David LaFrance. http://www.awwa.org/publications/connections/connections- story/a rticleid/4181/public-outreach-key-to-solving-lead-crisis.aspx National Drinking Water Advisory Council recommendations for public communications : ■ Provide new customers • Engage in targeted with information on the outreach to customers potential risks of lead in with lead service lines drinking water Strengthen public • Expand current consumer access to information confidence report to about lead service include local information lines, lead monitoring about the risks posed by results, and other lead service lines and relevant information, information on steps particularly using utility customers can take to websites. remove lead service lines Updated rule possible in 2017 What are utilities doing now? city of Greater Cincinnati Lead Awareness CINCINNATI : L_ Water: created Safe Drinking Water Remains Top Priority for Greater Cincinnati Water Works online tool that For nearly 200 years,Greater Cincinnati • Lead Lookup Tool Water Works(GCWW)has been a (Utility-Owned(Public)Service Line Only) allows property dependable provider of safe drinking water for the greater Cincinnati region. • Lead Service Line Scratch Test Video owners to see if In light of the current drinking water lead (Customer-Owned(Private)Service Line they have lead contamination situations In Ohio and Only) nearby states,the Greater Cincinnati • Request a Lead Test Kit service lines. Water Works and the City of Cincinnati wants to reassure citizens that providing • Call 651-LEAD(651-5323) and maintaining safe drinking water to customers is the number one priority • Sign up to learn more about the GCWW Lead Line Replacement Customer Assistance Program What are utilities doing? Boston Water and C Bost.tVtlw and Sem., Sewer Commission: The Lead offers an interest-free Replacement t incentive Program loan program that 11.1WE ARE ALL CONNECTED allows property owners to pay for the - ,_: ,.,1 lead service +'� ; r; e replacement over 48 � ' 3aostornCWemrbdn f 11 _ - ,,. _ months. lead hotline °� i_ __ l=1 vbu Kalif.Owen., / Roston.MA oottq 7t4o r•rAaacog Macon I.MN, Mora.Ur of!Won _ Iknry I.VMaM tweutne Uinta �i , '4111• ma " I3 What are utilities doing? TacomaWater: TACO PIA *U a I IC L,1... , �, 10401101A PUMA CUUI LAM I V IACUTAA4AUe I All/MA TAIL -n- T l LU 1 S I GIMP al AWL 5 PAY YOUR MUQ offers water test kits to the 1,200 wlecr"dmg NEW INFORMATION ON LEAD homes and For Your Hume For Your Business Iaxavrn elr•rnsrn.:1„•,,;:,-o ,;.IIr.'1i.„1 J to hep.d.mWe mee Less lest kr mepid. a9O V...,kr In 0 system � businesses with a Tacoma Warm 10re11e11 salmi.from 12 customers' a P232 'nom.0W !Suapellad 1.0 •,', goosenecks ar be present ManiM Gwxlred Locrnone possible lead nut Ada rra.n ae Yr rib.•IF-A,s e,..Wapiti.0(1 ,l rely Fete em1 Arils 1avpy I1J1,.r-,1e4lLonlewts leaeoeaa,ml.s*raven Ls Ledo W n Day Wale b USI aver/(marls pE+owm ippD! 41 aPlela me fFglplOry 3114n,evE Par AYer M 15{9° reals n10101 lino! 192%*ere less man 1 ppm [,lima Me Maar gooseneckOssa Ce elrroamn Conlm4A Far ca4n renl1 mrcc rou11n,Yam SWIPE"a111110 10141i.1nIK4Mr'wept TIC root AM f CO.I*I*m Crow.ltele!A cower rasoie mr Nom a me rt.,aF AIsa1 Pe-A,Mr:Orel Sr.n1 III,I?10111 acv,tr..14 ml M Water SUUICe KW,/haft goosenecks ANA me 4041/0 001 mfg op connectedto the About'aroma Water --rroma obhehl4 (Contact US • laerslama algae Os ryes.'ai eves.bre me Chs',Clan ere, watermain. News&Publications •001a011larmm010 21. procedures e Event Calendar •nip emote!4 a ice°p,,oscntta 0 crmsc A (Contacting those . Ixm3m„,01 10-eK,er.,.:,.),.�ern 10(0l00eel.,>01ere1., Sdemap customers directly.) What We Learned&What's Next 19 What are utilities doing? Portland Water ,.1-4 Bureau: Operates a Portland Water Bureau '\ From forest to faucet,we deliver the best drinking water in the world. Lead Hazard Reduction Program * f AboutUs What We Do Programs&Services I Library 1 Water Slog What We°° Wafer Qualify Lead Expose that addresses the reduction of not FAAsabout Lead&Copper Rule Lead Hazard Reduction Resources just lead in water, Treatment&Monilonngfar Lead In Portland,the most common source of lead exp boar Easy Steps to Reduce Lead lead-based paint in homes built before 1978. but of all lead Eyposure The Portland Water Bureau Lead Hazard Reduction Program ac hazards i n the Free Lead in Water Testing water,but of all lead hazards In the Portland area The program Lead Hazard Reduction Resources that conduct education and outreach activities about lead Hazer Portland area. Water Bureau customers Lead in Drinking Water and Offers free lead in Household Plumbing-Brochure How to Identify Lead-Free Plumbing water testing as products Questions about Lead?Contact the LeadLine:50 well. Steps to build trust with customers. ® Take initiative, be proactive ■ Listen and acknowledge Truth + Tim e concerns • Be willing to share what your = Trust utility knows, doesn't yet know, and what you are doing to learn more • Be a reliable source of information, accurate and transparent • Partner with trusted, expert sources and public health officials Steps to build trust with customers. Hechos • Provide consistent Sobre el messages, share with Plomo employees! en el • Ensure materials are Agua simple / understandable Potable • Provide materials in languages spoken by your Par arnasinformaciOn sabre el aqua potable de lbS customers Q'nuNCadl MSw.s.W wMan -v��rNM.IE l • iir.,...m wer.Frw...o..y.r Media should be engaged '' r111=4 ; early, educated and kept ='�""``�`�°'�°E �r`- ��.r^.r •�s..w he�� :g:may informed �"'nw'�"�"` �� " _��= F r.4wrrpw�.u. . 1.1/Jfl.u.tpYY� b.snn iat �¢ .r 4 � Then, say it again ( and again ) . ✓ Don't assume customers have "received" your communications. ✓ Use multiple communications , (A 2 channels. r ✓ Target communications to those most affected. ✓ Start communicationsft early, so there's time to repeat the messages. In summary, most utilities provide basic communications. But more can be done. Elected officials training, A translation, branding & Lot marketing, media strategy, More opinion research Social media, videos, news A Bit More releases, community events ja, At' 1111. 71111kNewsletter, website, The Basics bill inserts Example: EWEB is benefiting from doing a "lot more" Customers' awareness that Eugene has only one source of water and is at risk improves with outreach campaign that focus on what EWEB is doing and what customers can do to be prepared. April 2012 October 2015 30% of customers 62% of customers are were somewhat or very somewhat or very aware of aware of Eugene's Eugene's potential water potential water supply supply issue issue 71% of customers 90% of customers think a thought a second source second source of water is was important. important. Understanding and shared responsibility builds support for EWEB's needed rate increases. April 2012 • October 2015 46% of 63% of customers customers supported a support some rate increase increase to pay to pay fora fora second second source source. of drinking water ! Oregon City Water Example: Oregon �;'I-""- "-""" +-�" ,f4, .1i 1'f WHAT S THE PROBLEM WITH City residents OREGON CITY'S WATER SYSTEM? f Qqn C....qp Ww a.....nn.tl..M.14 M..••l.q.• .1..1.0.•Oa w...a.»..rt r.....u.a lW....J. votedYES to ..�� .... ............. .,.115..ert....a..c I- 4 remove City {` Charter ill A • amendment that N...... , required the City to 1 Lou el Raman IP ° - ° rollback water rates •,..m....:m••. ... f,. e zit, ..•» w..+»✓.r M.w N+. to near- 1994 ", TS SOLUTION?ai it,ft levels— because = ..... : b4./e.2..i.ts.3 tr - A ; ',' .,4*-. a w.p M•q nee .• ob ..:- they learned what `m".• * "A ..4^ Oq▪ ..C.r, Ib.. the problem was. �� , gwean fed mos app. Example: BendBridge Creek 4\a' ) Bend's Pure Water Source overcome serious ,i,„.,, 126_ public opposition to a pipeline - project by getting a simple message Great Water. D Great Beer. . Q out to the public • V — this has been ; Bend's source i I since 1926! Electronic Polling How important are the following actions to you on a scale of 1 (not important) to 7 (very important)? 2 A4 5 6 pa Not Very Important Important How important are investments by water providers in public education about strategies customers can use to limit exposure to lead in drinking water? 0% 1. Not important 0% 2. ... 0% 3. ... 0% 4. ... 20% 5. ... 50% 6. ... 30% 7. Very important Mean = 6.1 How important are investments by water providers in public infrastructure to limit potential exposure to lead in drinking water? 0% 1. Not important 10% 2. ... 0% 3. ... 10% 4. ... 0% 5. ... 40% 6. ... 40% 7. Very important Mean = 5.8 How important are investment by private property owners to remove potential sources of lead contamination? 0°% 1. Not important 0% 2. ... 0% 3. ... 0% 4. ... 20% 5. ... 30% 6. ... 50% 7. Very important Mean = 6.3 How important is it for utilities and customers to understand the solution is a shared responsibility? ci% 1. Not important 0% 2. ... 0% 3. ... 0% 4. ... 0% 5. ... 17% 6. ... 83% 7. Very important Mean = 6.8 How important is it to promote better understanding of each utility's unique water system and water quality issues. 0% 1. Not important 0% 2. ... 0% 3. . 18% 4. ... 18% 5. ... 27% 6. ... 36% 7. Very important Mean = 5.8 How important is it to partner with others on shared communication priorities? 0°% 1. Not important 0% 2. ... 0% 3. ... 0% 4. ... 15% 5. 46% 6. ... 38% 7. Very important Mean = 6.2 How important is it to use multiple new (social media ) forms of outreach . 0°% 1. Not important 0% 2. ... 0% 3. ... 8% 4. ... 8% 5. ... 25% 6. ... 58% 7. Very important Mean = 6.3 How important is it to involve customers / ratepayers in finding and delivering solutions. 0% 1. Not important 0% 2. ... 0% 3. ... 9% 4. ... 18% 5. ... 18% 6. ... 55% 7. Very important Mean = 6.2 How important is it to always end meetings on time ! 8% 1. Not important 0% 2. ... 0% 3. ... 8% 4. ... 8% 5. ... 8% 6. ... 69% 7. Very important Mean = 6.1 Thank you ! . ii .:14:" 'il 7 , In Ili. 39 doc Tigard High School City Update: June 14. 2016 • Badminton Tournament SUPPLEMENTAL PACKET FOR • Dodgeball vs Sherwood(sophomore class fundraiser) (DATE OF MEETING) • Latin night: to honor THS graduating Latino students and to raise money for a DACA scholarship • Japanese night • Class fundraisers(June 2nd donuts, 3rd snowcones,4th carwash) • Prom(Gatsby,at PAM), Orchestra boutonniere and corsage fundraiser) • Symposium open mic night • Link Krew • Locks of Love for our Sparrow,Holly • Graduation • To learn more about happenings at Tigard, you can follow"The Paw", our online publications on Instagram and Twitter @THSThePaw or go to thspublications.com SUPPLEMENTAL PACKET FOR '76/ 6"/' City Council Update June 2016 PATE OF MEETING) Chamber Update Leadership Tigard—Now accepting applications. —The Leadership Tigard program is designed to educate and inspire emerging leaders to participate in the life of our Tigard community. Building Leaders. Growing Community. Learn more at http://www.tigardchamber.org/content/leadership-tigard Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 6/16/16— Hosted by the Double Tree by Hilton at their location 6/24/16— Hosted by Tigard Festival of Balloons at Cook Park 6/30/16—Hosted by Drive Accounting 7/7/16— Hosted by Tigard Tualatin Relay for Life at Tigard Chamber Other • 6/17/16 2 p.m.— Ribbon Cutting Waffle Window in Bridgeport • 6/21/16 8 a.m.—Home, Garden & Design referrals group hosted at Pacific Residential Mortgage • 6/28/16—5-6:30 p.m.—Sip, Savor Celebrate—Annual Chamber Meeting @ the Broadway Rose Check our event calendar at http://business.tigardchamber.org/events/calendar/for details follow us on Twitter @tigardchamber Tigard Farmers Market Update • Berries, beer and spirits oh my! Come check out the diversity of vendors. 5 produce farms including Lee and Albeke farms in addition to plant and flower farms • Tigard Farmers Market Sprouts program has 110 kids signed up. Bring your kid or grandkid and engage in kid friendly activities weekly. Sprouts community garden is doing awesome! • Join us for Cornhole in early July! • Follow us on Facebook at tigardfarmersmarket and on Twitter @tigardfarmers TDA Downtown Updates • Art Walk was a great success, congratulations to our winning artists and thank you to Kaleafa for the use of their space for the pop up gallery! • Get on the bus with us next Tuesday 6/21 11 am—2 pm to tour Downtown Hillsboro and get great revitalization ideas. RSVP to tda@exploredowntowntigard.com • Street Fair is Saturday 9/10/16—Save the date for this expanded program that includes a Fun Run, Bike Ride, Latin Fest and more made possible by expanded partnerships with the TDA Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard t „ , Tit.f T I GA R D FAFtmERS CHAMBER Of COMMERCE tigardyoungprofessionals 'Tigard connect.collect.cdlebowb.climb. r.Holl.G4tHEH.Gilt. Tlg� AGENDA ITEM NO. 2 - CITIZEN COMMUNICATION DATE: June 14, 2016 (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 City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: -, CA1+t(' / Also, please spell your name as it sounds, if it will help the presiding officer pronounce: C/ pejo di t h bn_s Address l 0 ct 15 /5 c\.9 \-a a B vel // City Ti C�CI�Gt State © Z Zip cT - �3 Phone No. 3 - 0 L( - e„, Name: 10\,N to (\(\6_,-,e 0„1 .,57-e\ Also, please spell your name as it sounds, if it will r� help the presiding officer pronounce: C 1a y� s cote Address 3 0 c'1 (Ute Sal City yt/AN State CC, Zip cliO Lk Phone No. cu a- —Lb5 Name: t� 5f r KA v t 14 Also, please spell your name as it sounds, if it will he presiding officer pronounce: ` �a (' Address / 730 (-9.4"-a.�-E-rc3 - V t G�- City �c urS2-12) - State nZ Zip ci 7 X82 CITIZEN COMMUNICATION 1\ADM\Cr1Y RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 161406.doc AGENDA ITEM NO. 2 - CITIZEN COMMUNICATION DATE: June 14, 2016 (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 City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: ////2/`-/ p, . 7 L.0 --1 t o ev Also, please spell your name as it sounds, if it will help the presiding officer pronounce: 6 /� L k Address /3'L)6 b S'ti-1 1--(04.2-6 &v 9 3/2, City 7 fl 20 State t Zip 7 2,2 r-f' Phone No. 3 as 7 f'; Name: v ( 1 C-- Da_ 171e kwv2), LS- Also, � s please spell your name as it sounds, if it will � /Z/a//- help the presiding officer pronounce: �`�- \PMAr Address J �`o p' s�U /74//;ai 7442 City 7 i c coq State e Zip 9 7 7 Z Phone No. .3� 3--7/ _ Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 161406.doc SUPPLEMENTAL PACKET FOR 6- c1- ,) aic (DATE OF MEETING) Dear members of the Council, For the record my name is Jill Bentley and I am the President of SEIU Local 199. We represent 112 city employees. We welcome this opportunity to discuss the city's finances, because objectively the budget is in a much better place than it was when we negotiated our last contract in 2013. Back then we recognized that the current funding model was insufficient and offered to partner with the city to raise revenue to restore services for our community. We began negotiations with a statement signed by an overwhelming majority of our members supporting this "Together for Tigard" collaborative approach. Two of our Union bargaining delegates attend the local government lobby day in Salem and we made repeated appeals to this council to achieve this goal. Instead the city chose to balance the budget on the backs of their workforce. In the 2015-16 long term financial forecast it was noted that when the city reduced their annual contribution to their employee's medical and dental benefits the city saved approximately $1.5 million from the general fund. We are here today to ask you to you live up to your values of respect and care. Stop shifting healthcare costs to our members. Reinvest in your workforce so we can retain and recruit the skilled workers we need to deliver quality services to our community. Since the great recession in 2008 we have experienced layoffs, furlough days, had hours cut, and had our wages and benefits whittled away. The money you took out of our pockets has a very real impact on our lives. Now we don't even know if we will be able to afford healthcare for our families from year to year. The city has said they won't pay a penny more when insurance rates go up over 5%. This places our health and the health of our families at risk. It is unacceptable and no other comparable city in our region is doing this to their workers. You have the resources at your disposal to do the right thing. I'd like to highlight the following facts from the city's audited financial reports: Since 2013, when the City simultaneously cut programs, shifted health insurance costs to your workforce and increased service and franchise fees, revenues have exceeded expenditures by healthy margins. Overall annual revenues were 1% higher than expenditures between 2011 and 2015. As a result the ending fund balance grew 73% in this period. The general fund ending balance has been at the city's target of 25% of expenditures since at least 2010, and rose steadily every year through 2015. To summarize- The health of the general fund has greatly improved since the last time we bargained. Revenues have risen markedly, expenditures have been easily covered by revenues in each of the past three years, and the ending fund balance is strong. We need your help settling a fair contract now. We have been in negotiations with the city for several months now and have made it clear what they need to do to settle a fair contract, but we are told the budget is tight and we must continue to sacrifice. Next Monday is our last day of bargaining before our contract expires. We hope that after hearing our testimony you will be moved to reinvest in your workforce. While affordable healthcare for our members is our top priority, keeping up with the labor market is another key to providing for our families and having a stable workforce. We compiled a list of how comparable cities like Tualatin, Beaverton, Oregon City, Keizer, Lake Oswego, Corvallis, and Albany compensate their workers, along with an up to the minute summary of our proposals and what the city is offering. I'm submitting it to you so you can see that our proposals are reasonable and are a wise investment. We all have budgets, and we know that a budget is simply a list of priorities. It's time for the city to make their workforce a priority and reinvest in the workers that make Tigard work. I' So what is the market? Medical Insurance Corvallis = City pays 100% of single premium, 93% for family. Beaverton= City pays 100% of Kaiser, 95% of PPO plan. Keizer= City pay 95% Lake Oswego = City pays 91% of medical insurance, 100% of dental, 100% of vision unless HMO plan. Oregon City = City pays 90% for Kaiser. For ODS = single 94%, 2 person 92%, family 90% Tualatin 2016 = City pays 90%. 1/1/2017= City pays 90% up to a max of$1915.78. Albany = City pays 96% Tigard Police = City pays 90% Tigard- Union Proposal = City pays 90%, Money saved moving to cheaper plans returned to employees. Tigard- City Proposal= 2017 City pays 90% for both plans 2018 & 2019 City pays maximum of 5% increase over previous year's contribution.Any remaining difference in medical/dental insurance premium will be paid by the employee. Life Insurance Tualatin, Corvallis=equal to one and one-half times employee's annual salary Albany = $75,000 Beaverton= $50,000 Oregon City = $25,000 + $1,000 for each dependent, Lake Oswego = $25,000 Tigard- Union proposal = $50,000 Tigard- City proposal =$25,000 IN IT TOGETHER SEIU LOCAL 503 Local government retirement contribution comparators PERS rates plus 6% where pickup is paid by Employer 7/1/2015 - 6/30/2017 Rates OPSRP OPSRP Tier 1/ General Police City Tier 2 Service and Fire City of Albany 23.20% 15.93% 20.04% City of Beaverton 20.76% 13.82% 17.93% City of Gresham 17.67% 9.55% 13.66% City of Hillsboro 16.01% 9.84% 13.95% City of Lake Oswego 25.45% 17.87% 21.98% City of Milwaukie 19.69% 12.25% 16.36% City of Oregon City 19.38% 13.44% 17.55% City of Salem 21.82% 14.62% 18.73% City of Tualatin 25.31% 18.50% 22.61% City of West Linn 21.64% 14.61% 18.72% City of Tigard police _ 21.07% 11.88% 15.99% City of Wilsonville 22.59% 16.55% 20.66% Averages 21.22% 14.07% 18.18% Average of averages 17.82% City of Hillsboro pays the 6% pickup only for the Police, so their contribution rates reflect only the employer rates. Tigard- Union proposal - 2016 = 11%. 2017 = 12%. 2018 = 13%. Tigard- City proposal = 10% V A C P c r il 1 GA„„) 1-teQ42 A C C....12,L) A. uS • . : . . .• . , , .• . . : . . . .. . : .• . . , - Tigard(hours per month) —f—Albany .. 25 —71t—Lake Oswego - -.*—Beaverton(PTO) -.3.E—Gresham(PTO) —.—Hillsboro .. —4.—Milwaukie —Oregon City „AV �/ Salem GI. ,,,,.- —4—Tualatin t. 151.j— ^^ ,"- 4--West Linn t. ....,-_.Wilsonville -.00"-'-'#.7:--- . te - f ' 5 4-27 I... p p,r + — ,41 ( — 12 months I 60 months 120 months180 months ( 240 months 1 300 months i I 0-6 6-1 year 1 year 1 5 years 10 years I 15 years 20 years 1 25 years AIS-2744 3. A. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): Consent Item Agenda Title: RECEIVE AND FILE: THREE-MONTH COUNCIL CALENDAR AND TENTATIVE AGENDA Submitted By: Carol Krager, Central Services 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 Calendar Tentative Agenda .11 • 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 7,2016 June 7 Tuesday CCDA/City Council Meeting—6:30 p.m.,Town Hall 14* Tuesday Council/CCDA Business Meeting—6:30 p.m.,Town Hall 21* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting—6:30 p.m.,Town Hall July 5 Tuesday CCDA Meeting—CANCELLED 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall August 2 Tuesday CCDA Meeting—CANCELLED,National Night Out 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—CANCELLED Regularly scheduled Council meetings are marked with an asterisk(*). is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner 0 Business Meeting 0 Study Session Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM- Updated Form Meeting Submitted Meeting Title Department Inbox or Date By Type Finalized 2454 06/14/2016 Carol Krager AAA June 14, 2016 Business and CCDA Meeting I � 2647 06/14/2016 Dana ACCSTUDY 30 Minutes - Executive Session: Per ORS 192.660(2)(d) City 03/21/2016 Bennett Labor Negotiations and Review and Evaluate City Manager Management Performance (i) 2435 06/14/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 1 Total Time: 45 o STUDY SESSION FULL 4 I— —I 2744 06/14/2016 Carol Krager ACONSENT Consent Item - RECEIVE AND FILE THREE-MONTH Central Services 06/02/2016 COUNCIL MEETING CALENDAR AND TENTATIVE AGENDA 2742 06/14/2016 Carol Krager ACONSENT Consent Item - APPROVE CITY COUNCIL MEETING Central Services 06/02/2016 MINUTES 2568 06/14/2016 Judy ACONSENT Consent Item - AUTHORIZE THE CITY MANAGER TO SIGN Public Works 06/02/2016 Lawhead AN IGA WITH CLEAN WATER SERVICES FOR CONSTRUCTION OF EAST TIGARD SEWER REPLACEMENT 2612 06/14/2016 Alison ACONSENT Consent Item - APPROVE INTERGOVERNMENTAL Library 06/02/2016 Grimes AGREEMENTS WITH WASHINGTON COUNTY LIBRARY SERVICES 2731 06/14/2016 Carol Krager ACONSENT Consent Item - AUTHORIZE THE CITY MANAGER TO SIGN Public Works 05/31/2016 AN IGA WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG COMMERCIAL STREET AND PACIFIC HIGHWAY 2741 06/14/2016 Toby ACONSENT Consent Item - CONSIDER RESOLUTION SETTING ANNUAL Finance and 06/02/2016 LaFrance STIPEND FOR MAYOR AND COUNCIL Information Services 2743 06/14/2016 Carol Krager •CONSENT 1 5 Minutes - CONSIDER RESOLUTION OF APPRECIATION Central Services MartyW, City FOR TIGARD HIGH SCHOOL ENVOY SHAINA AZBARI Manager 1IPigu is\adm\city recorders tentative agenda\june 6 2016.docx Meeting Banner 0 Business Meeting 0 Study Session • Special Meeting Consent Agenda 17: Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated 2523 06/14/2016 Carol Krager CCBSNS 2 10 Minutes - DISCUSSION OF UPCOMING CONTRACTS Central Services 06/02/2016 AND PURCHASES 2736 06/14/2016 Carol Krager CCBSNS 3 15 Minutes - INFORMATIONAL PUBLIC HEARING: LCRB Finance and 06/02/2016 CONSIDERATION OF PUBLIC CONTRACTING EXEMPTION Information FOR THE CIVIC CENTER VISIONING STUDY PROJECT Services 2667 06/14/2016 Cara CCBSNS 4 15 Minutes - LEGISLATIVE PUBLIC HEARING: Finance and 05/26/2016 Fitzpatrick CONSIDER AMENDING TMC CHAPTER 3.24 SYSTEM Information DEVELOPMENT CHARGE PROGRAM Services 2578 06/14/2016 Liz Lutz CCBSNS 5 5 Minutes - CONSIDER RESOLUTION CERTIFYING THAT Finance and 06/02/2016 THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING Information FOR STATE-SHARED REVENUES Services 2580 06/14/2016 Liz Lutz CCBSNS 6 5 Minutes - CONSIDER RESOLUTION DECLARING THE Finance and 06/02/2016 CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Information Services 2582 06/14/2016 Liz Lutz CCBSNS 7 10 Minutes - INFORMATIONAL PUBLIC HEARING: Finance and 06/02/2016 CONSIDER ADOPTION OF MASTER FEES AND CHARGES Information SCHEDULE REPLACING RESOLUTION 15-31 AND Services SUBSEQUENT AMENDMENTS 2583 06/14/2016 Liz Lutz 'CCBSNS 8 15 Minutes - INFORMATIONAL PUBLIC HEARING: Finance and MartyW, City ADOPTION OF THE BUDGET, MAKING APPROPRIATIONS, Information Manager DECLARINGTHE AD VALOREM TAX LEVY AND Services CLASSIFYING THE LEVY AS PROVIDED 2584 06/14/2016 Liz Lutz CCDA 9 10 Minutes - INFORMATIONAL PUBLIC HEARING: ADOPT Finance and 06/02/2016 THE CCDA FY 2017 BUDGET WITH ADJUSTMENTS, MAKE Information APPROPRIATIONS, AND IMPOSE AND CATEGORIZE TAXES Services 2708 06/14/2016 Carol Krager CCBSNS 10 10 Minutes - INFORMATIONAL PUBLIC HEARING: Finance and 06/02/2016 CONSIDER APPROVAL OF FOURTH QUARTER Information SUPPLEMENTAL BUDGET Services of 100 Minutes Sc i.. _ hailliFt 2455 06/21/2016 Carol Krager AAA June 21, 2016 Workshop Meeting t I 2I Pag-c is\adm\city recorders\tentative agenda\june 6 2016.doca Meeting Banner Cl Business Meeting ❑ Study Session 0 Special Meeting ❑❑ Consent Agenda 0 Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated 2461 06/21/2016 Lloyd Purdy CCWKSHOP 1 20 Minutes - Economic Development Update Community Purdy, L, Econ Development Development Mgr 2555 06/21/2016 Lloyd Purdy CCWKSHOP 3 15 Minutes - (Hold for Scheduling) Development Community Purdy, L, Econ Agreement Hunziker Infrastructure Development Development Mgr 2739 06/21/2016 Sean CCWKSHOP 4 5 Minutes - Briefing on Metro Equitable Housing Planning Community Farrelly 5, Redev Farrelly and Development Grant Application Development Project Manager 2466 06/21/2016 John CCWKSHOP 4 20 Minutes - Update on the Willamette Governance Public Works Koellermeier D, Goodrich Group LOT Water Proj Coord 2738 06/21/2016 Lisa Shaw CCWKSHOP 5 15 Minutes - Receive Photo Red Light Report Police Shaw L, Police Business Manager Total Time: 75 of 180 Minutes Scheduled I I 2458 06/28/2016 Carol Krager AAA June 28, 2016 Business Meeting I i 2722 06/28/2016 Carol Krager ACCSTUDY 15 Minutes - Executive Session (If Necessary) City 05/17/2016 Management 2436 06/28/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 Total Time: 30 of 45 Minutes Scheduled 2588 06/28/2016 Liz Lutz 'CCBSNS 1 5 Minutes - Resolution to Appoint One Audit Committee Finance and Lutz L, Conf Exec Member and One Alternate Member Information Asst Services 2723 06/28/2016 Steve Martin CCBSNS 2 5 Minutes - Reappointment of Park and Recreation Public Works Rager B, PW Advisory Board Alternate Members Director 2713 06/28/2016 Carol Krager CCBSNS 3 75 Minutes - Informational Public Hearing: Consideration City Asher, K, of a Resolution Approving Ballot Title language for a SW 'Management Community Corridor Ballot Measure for the Nov Ballot Development Dir. 3 1 Parc is\adm\city recorders\tentative agenda\june 6 2016.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated r32 06/28/2016 Carol Krager CCBSNS 4 15 Minutes - Public Hearing - Consider Vacation of Central Services Krager C, City Friendly Lane Recorder Ilk ,a, AlTotal TimaMillWites Scheduled MEETING FULL 2616 07/05/2016 Carol Krager AAA July 5, 2016 CCDA Meeting CANCELLED Central Services 03/21/2016 I I 2617 07/12/2016 Carol Krager AAA July 12, 2016 Council Business Meeting Central Services 03/21/2016 COUNCILORS GOODHOUSE AND SNIDER ABSENT CITY MANAGER WINE ABSENT I I 2679 07/12/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 2734 07/12/2016 John ACCSTUDY 15 Minutes - Proposed Sanitary Sewer Administrative Rule Public Works Grass, M, Conf Goodrich 12.01.080-XX-01 Exec Assistant 2585 07/12/2016 Ron Blecker CCSTUDY 15 Minutes - Discussion on Proposed Changes to TMC Finance and Blecker, Ron, Chapter 12 Information Util. Div. Services Supervisor Total Time: 45 of 45 Minutes Scheduled STUDY SESSION FULL •I 2719 07/12/2016 Lina Smith CCBSNS 1 10 Minutes - Quasi-Judicial Public Hearing Zeider Community Smith L, Asst Annexation (ZCA2016-00002) 'Development _Planner 2699 07/12/2016 Lloyd Purdy CCBSNS 2 15 Minutes - (Hold for Scheduling) Development Community Purdy, L, Econ Agreement Hunziker Infrastructure - Second Review Development Development Mgr 2703 07/12/2016 Lloyd Purdy CCBSNS 3 15 Minutes - Resolution of Necessity: Hunziker Community Purdy, L, Econ Infrastructure Development Development Mgr 2524 07/12/2016 Carol Krager CCBSNS 4 20 Minutes - LCRB Contract Placeholder Central Services Barrett J, Sr Mgmt Analyst 2592 07/12/2016 Norma Alley CCBSNS 5 25 Minutes - Discussion on Gas Tax Measure for Finance and Fitzpatrick C, November 2016 Ballot Information Asst Fin Dir Services 4 Page is\adm\city recorders\tentative agenda\june 6 2016.docx Meeting Banner Business Meeting 0 Study Session El Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated 2724 07/12/2016 Carol Krager CCBSNS 6 25 Minutes - Discussion on Marijuana Tax Measure for City Newton L, November 2016 Ballot Management Assistant City Manager otal - I 2651 07/19/2016 Carol Krager AAA July 19, 2016 Workshop Meeting Central Services 03/21/2016 COUNCILOR HENDERSON ABSENT I 2389 07/19/2016 Judy CCWKSHOP 10 Minutes - Briefing on an IGA with ODOT for Design and Public Works Faha L, City Lawhead Construction of New Sections of Fanno Cr. Trail Engineer Total Time: 10 of 180 Minutes Scheduled 2 619 07/26/2016 Carol Krager AAA July 26, 2016 Council Business Meeting Central Services 03/21/2016 COUNCILOR HENDERSON ABSENT I _ I 2680 07/26/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 2587 07/26/2016 Judy ACCSTUDY 15 Minutes - Briefing on Capital Improvement Plan (CIP) Public Works Faha L, City Lawhead Projects Engineer Total Time: 30 of 45 Minutes Scheduled I I 2613 07/26/2016 Cheryl CCBSNS 1 40 Minutes - Quasi-Judicial Public Hearing Craig Community Caines C, Assoc Caines Annexation & Comp Plan Amendment - ZCA2016-00001 & Development Planner CPA2016-00001 2696 07/26/2016 Carol Krager CCBSNS 12 30 Minutes - PUBLIC HEARING: Consideration of Finance and Fitzpatrick C, Resolution for Gas Tax Information Asst Fin Dir Services 2728 07/26/2016 Carol Krager CCBSNS 3 20 Minutes - Public Hearing: Consideration of Resolution City Newton L, to Place a Marijuana Tax on the November 2016 Ballot Management Assistant City Manager 51 Pagc is\adm\city recorders\tentative agenda\june 6 2016.docx Meeting Banner 0 Business Meeting 0 Study Session II Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated 2390 07/26/2016 Judy CCBSNS 4 5 Minutes - Consider Authorizing the City Manager to Public Works McCarthy M, Lawhead Sign an IGA with ODOT for Design and Construction of `St/Trans Sr Proj New Sections of the Fanno Creek Trail Eng 2740 07/26/2016 Sean CCBSNS 5 5 Minutes - Resolution Authorizing Metro Equitable Community Farrelly S, Redev Farrelly Housing Planning and Development Grant Application Development Project Manager I _— — - 2620 08/02/2016 Carol Krager AAA August 2, 2016 CCDA Meeting CANCELLED Central Services 03/21/2016 NATIONAL NIGHT OUT � I 2621 08/09/2016 Carol Krager AAA August 9, 2016 Business Meeting Central Services 03/21/2016 2681 08/09/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 Total Time: 15 of 45 Minutes Scheduled 1- 2737 08/09/2016 Carissa CCBSNS 15 Minutes - FY 2017 First Quarter Budget Supplemental Finance and Collins C, Sr Collins Information Mgmt Analyst Services Total Time: 15 of 100 Minutes Scheduled 2652 08/16/2016 Carol Krager AAA August 16, 2016 Workshop Meeting Central Services 03/21/2016 2658 108/16/2016 Kent Wyatt CCWKSHOP 45 Minutes - Briefing on the Council Goal of Providing City Wyatt K, Recreational Opportunities for Tigard Residents Management Management Analyst 2601 08/16/2016 Kent Wyatt CCWKSHOP 15 Minutes - Update on the Implementation of the City Wyatt K, Strategic Plan Management Management Analyst 6Il -t . �. is\adm\city recorders\tentative agenda\june 6 2016.docx Meeting Banner Of Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated 2704 08/16/2016 Tom CCWKSHOP 15 Minutes - Strategic Plan Goal 2 and Process and Community McGuire, T, Asst McGuire Procedures Development Code Updates Development CD Director Total Time: 75 of 180 Minutes Scheduled I � 2627 08/23/2016 Carol Krager AAA August 23, 2016 Business Meeting - CANCELLED Central Services 03/21/2016 f l 2628 09/06/2016 Carol Krager AAA September 6, 2016 CCDA Meeting Central Services 03/21/2016 I i '2701 09/06/2016 Sean CCDA 20 Minutes - Update on Main Street/Fanno Creek (Saxony) Community Farrelly S, Redev Farrelly Site Redevelopment Study Development Project Manager 2702 09/06/2016 Sean CCDA 20 Minutes - Update on Downtown Urban Lofts Project Community Farrelly S, Redev Farrelly (CET Grant) Development Project Manager Total Time: 40 of 180 Minutes Scheduled I I 2629 09/13/2016 Carol Krager AAA September 13, 2016 Business Meeting Central Services 03/21/2016 I i 2683 09/13/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 Total Time: 15 of 45 Minutes Scheduled I I 2632 09/27/2016 'Carol Krager AAA September 27, 2016 Business Meeting Central Services 03/21/2016 I I 2684 09/27/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 JTotal Time: 15 of 45 Minutes Scheduled 71 Page is\adm\city recorders\tentative agenda\june 6 2016.docx Meeting Banner 0 Business Meeting ❑ Study Session Special Meeting Consent_agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 6/6/2016 2:51 PM - Updated 2697 09/27/2016 Lloyd Purdy CCBSNS 10 Minutes - (Hold for Scheduling) Connect ORVI Grant - Community Purdy, L, Econ Tigard Street Trail Development Development Mgr Total Time: 10 of 100 Minutes Scheduled 8 11) AgC is\adm\city recorders\tentative agenda\june 6 2016.docx AIS-2568 3. B. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): Consent Item Agenda Tile: AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH CLEAN WATER SERVICES FOR CONSTRUCTION OF EAST TIGARD SEWER REPLACEMENT Prepared For: Jeff Peck Submitted By: Judy Lawhead, Public Works 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 council authorize the city manager to sign an IGA with Clean Water Services for the construction of East Tigard Sewer Replacement? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council authorize the city manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY On May 24, 2016 Tigard City Council directed staff to put this item on consent agenda pending additional information provided in a council memo. The adopted 2015-16 Capital Improvement Plan includes project #93013 East Tigard Sewer Replacement. The purpose of the project is to upgrade the capacity of an existing sanitary sewer line to reduce higher than normal maintenance needs. The existing 12-inch sanitary sewer line will be replaced and relocated to the south, outside of the creek. Additional work will include: •Replacing two sanitary sewer connections serving areas northeast of the sewer line. •Installing 430 linear feet of new 8-inch diameter sanitary sewer southwest of the replacement sewer to serve future development (Fields Trust property). Clean Water Services will pay 100 percent of the project costs for all public sewer lines larger than 12-inches in diameter and required reconnections of existing sewer. Tigard will pay for the cost of the 8-inch public sewer line to serve future development. Highlights of the agreement include: City of Tigard obligations: •Contracting and consultant selection •Public involvement and communications •Construction management and inspection •Pay 100 percent of the project costs for all new public and private sewer extensions serving previously unserved areas •Project Costs that cannot be easily allocated to a specific section of the sewer will be split between Clean Water Services and City of Tigard in the same percentage as the amount of sewer line that each party is responsible for. Clean Water Services obligations: •Review plans and provide written comments •Pay 100 percent of the project costs for all public sewer lines larger than 12 inches in diameter and required reconnections of existing sewers in an amount not to exceed $1,634,632 •Pay invoices submitted by the city within 30 days of approval •Assist Tigard in public involvement and communications •Have the right to approve the final acceptance of the project after construction. OTHER ALTERNATIVES Council could propose changes to the agreement or could decide not to approve the agreement. Should Council decide not to approve the agreement, the consequence would likely be that Clean Water Services will not fund the project. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS This project is a recommended improvement in the City of Tigard Sanitary Sewer Master Plan, May 2010. Project map ID: D-120. DATES OF PREVIOUS CONSIDERATION The council was briefed on this agreement at its May 24, 2016, meeting. Fiscal Impact Cost: 246,345 Budgeted (yes or no): Yes Where Budgeted (department/program): Sanitary Sewer Additional Fiscal Notes: This sewer improvement project was selected for implementation by the Capital Improvement Program Prioritization Committee made up of representatives of Clean Water Services and cities in urban Washington County. Clean Water Services will pay 100 percent of the project costs for all public sewer lines larger than 12-inches in diameter and required reconnections of existing sewer in an amount not to exceed $1,634,632. The City will pay for the project costs for the 8-inch public sewer line to serve future development (Fields Trust property). Total City cost is estimated at $246,345. Attachments No file(s) attached. INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES FOR CONSTRUCTION OF EAST TIGARD SEWER REPLACEMENT (D-120) PROJECT NO. 6820 This Agreement, dated , , is between CLEAN WATER SERVICES (District) a county service district organized under ORS Chapter 451 and the CITY OF TIGARD (City) an Oregon municipal corporation. A. RECITALS ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. City intends to undertake the East Tigard Sewer Replacement(D-120) Project No. 6820 (Project) to provide sufficient hydraulic capacity in the sewer system. This Project has been endorsed by the Capital Improvement Program Prioritization Committee. NOW, THEREFORE,the parties agree as follows: B. PROJECT DESCRIPTION The existing 12-inch sanitary sewer running in and adjacent to Red Rock Creek between Hunziker Road and the railroad tracks parallel to Wall Street is operating beyond its capacity. The Project consists of relocating and upsizing 1,580 linear feet (LF) of 12- inch diameter sanitary sewer by moving the alignment to the south, out of the creek and across an existing parking lot to tie into the existing 24-inch trunk sewer. The Project also includes replacing two sanitary sewer connections serving areas northeast of the sewer line and installing 430 LF of new 8-inch diameter sanitary sewer southwest of the replacement sewer to serve future development. See Exhibit A attached hereto for the Project location. The capital assets resulting from the completion of this Project shall be recognized in the financial statement of the City at 100 percent of the final cost. City will have responsibility, care and control of the newly constructed assets and will be responsible for ongoing maintenance, in accordance with the 2005 operating agreement and all subsequent amendments between District and City. C. DEFINITIONS 1. Capital Improvement Program Prioritization Committee—This Committee has been established by District and the Member Cities of Beaverton, Cornelius, Forest Grove, Hillsboro,Tigard, Tualatin, and Sherwood. 2. Financial Partner—District will assume this role,primarily for the purpose of funding a portion of the Project. Page 1 —Intergovernmental Agreement 3. Managing Partner—City will assume this role,primarily for the purpose of administering the Project. 4. Project Costs—Include administration, easements, field inspection,permitting, site restoration, design, construction, and construction administration costs for the Project. D. DISTRICT OBLIGATIONS District is the Financial Partner and shall perform all tasks identified on the attached Exhibit B, "List of Standard Obligations," for the Financial Partner, unless the task is checked"Not Applicable." District shall assign Andrew Braun as District's Project Manager. E. CITY OBLIGATIONS City is the Managing Partner and shall perform all services identified on Exhibit B for the Managing Partner, unless the Task is checked"Not Applicable." City shall assign Jeff Peck as City's Project Manager. F. GENERAL TERMS 1. Laws and Regulations. City and District agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date the last party signs it and shall remain in effect until the Project is complete and the parties' obligations have been fully performed or this Agreement is terminated as provided herein. 3. Amendment of Agreement. City and District may amend this Agreement from time to time,by mutual written agreement. A. Proposed changes of scope during the Project implementation must be reviewed and endorsed by the Capital Improvement Program Prioritization Committee. Changes necessitated by conditions discovered during design or construction,but consistent with the original scope of the Project,may be approved by the Managing Partner without further approval. B. The construction contract amount of the Project may be increased by up to 20% without re-negotiating the Agreement,provided the increase shall not exceed the not to exceed amount contained in Exhibit B. 4. Termination. This Agreement may be terminated immediately by mutual written agreement of the parties, or by either of the parties notifying the other in writing prior to award of a construction contract, with the termination being effective in 30 days. Page 2— Intergovernmental Agreement 5. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 6. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 7. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this Agreement or any issues related to the U.S. Bankruptcy Code(whether or not such issues relate to the terms of this Agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the non prevailing party, including without limitation those arising before and at any trial, arbitration,bankruptcy, or other proceeding and in any appeal. 8. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the City Manager and District's General Manager will attempt to resolve the issue. If the City Manager and District's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final,binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 9. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in construing or interpreting this Agreement. 10. Severability/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable,the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. Page 3 —Intergovernmental Agreement 11. Approval Required. This Agreement and all amendments,modifications or waivers of any portion thereof shall not be effective until approved by 1) District's General Manager or the General Manager's designee and when required by applicable District rules, District's Board of Directors and 2) City. Proposed changes of scope must also be approved by the Capital Improvement Program Prioritization Committee. 12. Choice of LawNenue. This Agreement and all rights,obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By: By: General Manager or Designee City Manager or Designee Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM District Counsel City Attorney Page 4— Intergovernmental Agreement Exhibit A Project Location Map .. / / / /' ---- - CRYSTAL /1'� —..� GREENS !�--•�-•----,z ' NW DEMOLITION 1 ' LANDSCAPE / rii111‘. ti INC %� � r J`�,�/ .; % HUTTIG I r/ /6 / BUILDING» ,, SUPPLIES ; Q cc ror 4 / t„wi- ," / `7 -".._ _'C, � t '� ►-� LANDCARE -,� z+ ` ._ • �xs A 2 / AGILYX i CHARTER % POTSO DOG i MECHANICAL i� 4/ SPARK ! I - - - - - — WALL STREET =- - - - - - -- = - - ,. . z li FIELDS TRUST PROPERTY 41k# `3 A. • 41r CLEAN WATER SERVICES OBLIGATION TIGARD OBLIGATION PUBLIC""®DIVISION EAST TIGARD SEWER PUBLIC WORKS DEPARTMENT TIG4R SO ON 722 REPLACEMENT (D-120) T1bl:1913125 OREGON BLVD. VOICE 503-639-4171 FAX 503-624-0752 TIGARD WWW11Gwo-OR.GOV ATTACHMENT 'A' Page 5 — Exhibit A - Project Location Map Intergovernmental Agreement EXHIBIT B LIST OF STANDARD OBLIGATIONS Task Not Applicable Managing Partner shall: Provide Financial Partner at least ten days to review the plans and I 1 specifications for the Project and incorporate Financial Partner's comments into the plans. Provide any required notice and communicate with the neighborhood and property owners within the Project limits. Respond to public calls arising from work being completed under this Agreement. Prepare and submit detailed invoices of the Project Costs to Financial Partner quarterly. Invoices must include a breakdown of the costs each party is responsible for based on whether the line is a new public or private sewer extension serving previously unserved areas, a public sewer line larger than 12 inches in diameter or a required reconnection of existing sewers. Make all required payments to the construction contractor in a timely manner. Prepare and submit a Project summary of completed tasks to Financial ❑ Partner with each invoice. Prepare all contracts and bid documents, advertise for bids, and select a construction contractor for the Project. Construct the Project and provide construction inspection and management services for the Project. If requested, hold progress meetings with Financial Partner during the field investigation and design phases of the Project. Financial Partner may review options and provide input on the Project. Pay 100 percent of the Project Costs for all new public and private sewer extensions serving previously unserved areas. Project Costs that can't be easily allocated to a specific section of the sewer will be split between the Financial Partner and the Managing Partner in the same percentage as the amount of sewer line that each party is responsible for bears to all sewer lines in the Project. These Project Costs are subject to the Not-To-Exceed Amount defined in Financial Partners's obligations. Require all contractors to include Financial Partner as an additional insured on insurance coverage required for construction work performed in completing the Project. Take the lead in coordinating public involvement related to the Project. Page 6— Exhibit B—List of Standard Obligations Intergovernmental Agreement EXHIBIT B LIST OF STANDARD OBLIGATIONS Task Not Applicable Waive permitting fees for the Project and not include them in the I I calculation of Project Costs to the extent that such fees are waived for City projects. Infiltration and Inflow Abatement ro'ects Obtain written permission from each property owner to inspect their sanitary sewer lateral and to line or replace it if deficient. Establish whether each property has a cleanout at the structure. If no v cleanout exists, Managing Partner will install one. Inspect and evaluate each sanitary sewer lateral and main with a television camera. Managing Partner will line or replace all deficient sewer laterals and mains. Other: (please describe) Financial Partner shall: Review the plans and specifications for the Project and provide Managing I I Partner with written comments and/or approval within 10 days of receiving them. Have the right to approve the final acceptance of the Project after construction. Pay Managing Partner 100 percent of the Project Costs for all public sewer I I lines larger than 12 inches in diameter and required reconnections of existing sewers in an amount not to exceed $1,634,632 (Not-to-Exceed Amount). Pay invoices submitted by Managing Partner for actual costs incurred within 30 days of approving the invoice. The invoice shall include full progress payment amounts, including typical construction retainage. Assist Managing Partner in communicating with the property owners and Project stakeholders. Other: Project Costs that can't be easily allocated to a specific section of the sewer will be split between the Financial Partner and the Managing Partner in the same percentage as the amount of sewer line that each party is responsible for bears to all sewer lines in the Project. These Project Costs are subject to the Not-To-Exceed Amount. Page 7—Exhibit B —List of Standard Obligations Intergovernmental Agreement SUPPLEMENTAL PACKET III a Cit Tigard FOR i City of g (DATE OF MEETING) T I G n R n Memorandum To: Honorable Mayor and City Council From: Lori Faha, City Engineer and Jeff Peck, Project Coordinator Re: East Tigard Sewer— IGA with Clean Water Services Date: June 1, 2016 The East Tigard Sewer Project is important to address an undersized and difficult to maintain sanitary sewer line located in Red Rock Creek in the Hunziker Core area. This project is needed to prevent future overflows and allow for the addition of anticipated new flows from development such as that proposed for the Hunziker/Wall Street area. The sewer line is and will remain a City of Tigard asset. The replacement, upsizing and re-connection of existing sewer laterals can all be paid through the regional sewer funding managed by Clean Water Services. These funds are from System Development Charges collected throughout the CWS District area, including within City boundaries. A portion of these funds are available for eligible sanitary sewer upgrade. Projects are selected based on technical prioritization criteria and approved by a regional Capital Improvement Project Prioritization Committee that includes representatives of CWS and each City. The regional source of funds can only be used for certain projects and project elements that meet the SDC source money use restrictions. The proposed IGA between the City of Tigard and CWS outlines the elements of the project that are eligible for the regional funding. This includes the replacement/upsizing of the existing sewer, reconnection of existing laterals, and related project environmental permitting requirements such as construction of a mitigation wetland or mitigated vegetated corridor, as required. Funding does not include new laterals to serve future development or long-term maintenance costs for the pipes or mitigation areas as this is a city asset. The city is working with CWS to identify which required monitoring costs associated with any mitigation sites can be covered by the regional funding. At a minimum, this will include work done during a 2-year maintenance and monitoring warranty period that starts at the completion of the sewer construction. This is the extent of work CWS has determined to be currently eligible for SDC funding. The IGA was brought to City Council for first consideration at the Study Session on May 24, 2016, and is proposed for Council acceptance on June 14. AIS-2612 3. C. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): Consent Item Agenda Title: APPROVE IN 1'ERGOVERNMENTAL AGREEMENTS WITH WASHINGTON COUNTY LIBRARY SERVICES Prepared For: Margaret Barnes Submitted By: Alison Grimes, Library Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Request Approval for Renewal of three Intergovernmental Agreements with Washington County Cooperative Library Services.These items were presented and discussed with the City Council at the May 24,2016 meeting. At that time City Council agreed to have these items placed on the Consent agenda for the City Council meeting of June 14,2016. STAFF RECOMMENDATION / ACTION REQUEST Staff recommendation is to request the City Council to approve these Intergovernmental Agreements with Washington County Cooperative Library Services. KEY FACTS AND INFORMATION SUMMARY * Intergovernmental Agreement: With the passage of the 2015 WCCLS library local option levy,a new five-year Agreement is presented for approval. *Amendment to Intergovernmental Agreement:This adds the City of North Plains to the Agreement. * Second Amendment to Intergovernmental Agreement: This Amendment updates some language in the original Agreement and adds the Aloha Community Library as an additional member. * Public Libraries Services Agreement: This is an Agreement with WCCLS to maintain and provide residents of Washington County with access to quality public library services. *Information Network Agreement: This Agreement defines the responsibilities of WCCLS member libraries for use of the shared Information Network,including the integrated library system software,its resources, databases and e-content provided for library staff and patrons. They have been reviewed and approved by the City Attorney. OTHER ALTERNATIVES N/A COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION The Intergovernmental Agreements were previously discussed on May 24,2016. Attachments Amendment to WCCLS Governance IGA for July 2007 Public Library Services Agreement FY 16-17 to FY 20-21 Second Amendment to IGA Governance IGA Information Network IGA AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES This amends the Intergovernmental Agreement dated January 17,2006 between Washington County on behalf of Washington County Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius,Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin, and the Cedar Mill Community Library Association and the Garden Home Community Library Association ("Contractors") as follows: In accordance with Section 4.I: Adding or Subtracting Members, the City of North Plains shall be added as a Member,effective July 1, 2007. The City of North Plains,by its execution of this Amendment, also hereby agrees to be bound by all of the terms and conditions of the January 17, 2006 Intergovernmental Agreement and all Amendments thereto. Amend Section 4,A: WCCLS EXECUTIVE BOARD Membership to read as follows: 4. WCCLS EXECUTIVE BOARD A. Membership The Executive Board shall consist of thirteen (13) voting Board Members ("Members") representing the eleven (11) Contracting library service providers, the West Slope Community Library, and Washington County. For the cities of Beaverton, Cornelius, Forest Grove, Hillsboro, North Plains, Sherwood, Tigard, and Tualatin, the Members shall be the chief administrative officers of those jurisdictions or their designees. For the City of Banks, the Cedar Mill Community Library Association and the Garden Home Community Library Association, the Members shall be representatives designated by the Contractors' governing boards. For the West Slope Community Library, the Member shall be a representative of the community appointed by the Board of County Commissioners. The Washington County Administrator(or designee) shall represent countywide services. The Executive Board will meet as needed and will convene either prior to or immediately following the city/county managers' meetings. Amend Section 5,A: WCCLS POLICY GROUP Membership to read as follows: 5. WCCLS POLICY GROUP A. Membership The WCCLS Policy Group ("Policy Group") shall consist of thirteen(13) voting Members representing the eleven (11) contracting library service providers,the West Slope Community Library, and a library that is a non-public library WILInet member(either Tuality Health Information Resource Center or the Oregon College of Art and Craft library). These thirteen Members shall be the library directors or their designees. 5/6/2016, Page 1 This amendment shall become effective July 1, 2007. In performing the above, it is understood and agreed that all other terms and conditions of the original Intergovernmental Agreement of January 17, 2006 and amendments thereto are still in effect. FOR THE CONTRACTOR: Signature Title Date FOR WASHINGTON COUNTY: Signature Title Washington County APPROVED AS TO FORM: Sr. Assistant County Counsel 5/6/2016, Page 2 Public Library Services Agreement 2016 Public Library Services Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as"County", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS," and the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro,North Plains, Sherwood,Tigard, and Tualatin,and Aloha Community Library Association, Cedar Mill Community Library Association and Garden Home Community Library Association, hereinafter referred to as "Contractor(s)." County and Contractors are collectively known as "the Parties." WHEREAS,Washington County has approved funding for countywide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS the Parties originally entered into this Agreement in 1976 and the Agreement has had subsequent amendments and renewals including the last one entered into on June 21, 2011 (MO#11-165); and WHEREAS, the Parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS,the Parties desire to maintain and provide residents of Washington County with access to quality public library services and Contractors can provide such access and services. NOW, THEREFORE,in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. DEFINITIONS The following definitions shall be used in this Agreement: A. WCCLS (Washington County Cooperative Library Services)—An agency of County government that exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Information Network—The system that includes: the shared integrated library system software (circulation, public access catalog, cataloging, serials control and acquisitions software); the WCCLS.org website and its resources; other databases and e-content provided by WCCLS for Contractors' staff or public access; wireless Internet access for the public;central site hardware and software; software, hardware or peripheral products provided to Contractors and supported by WCCLS; and the telecommunications network linking Contractors to the system and for Internet access. Public Library Services Agreement, 5/6/2016 1 Public Library Services Agreement 2016 C. Qualified Borrowers—All Washington County residents, residents of counties or cities with which Washington County has reciprocal borrowing agreements, and paying card holders. D. West Slope Community Library -The public library that is a department of WCCLS and managed by the County. For purposes of this Agreement, West Slope is a Contractor. E. Oregon Public Library Statistical Report—The report mandated by ORS 357.520, containing statistics and provided on an annual basis to the Oregon State Library via a reporting format determined by the State Library. Report data is typically due October 1 of each year. F. WCCLS Executive Board—the board established to advise the Board of County Commissioners and the Cooperative Library Services Director on matters pertaining to the funding for countywide library services, distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. G. WCCLS Policy Group—the Board established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Director. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2016 through June 30, 2021, except as otherwise provided in Section 11 of this Agreement. 3. FUNDS As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to distribute funds to Contractor on the basis set forth in Section 5 and the Payment Schedule set forth in Section 7. By receipt of funds from WCCLS each Contractor agrees to expend those funds to provide library services according to Contractor's established policies, and to ensure that Contractor's library facilities are open for public use by all Qualified Borrowers. Contractors must spend all funds received from WCCLS on the provision of library services. Public Library Services Agreement, 5/6/2016 2 Public Library Services Agreement 2016 4. MINIMUM OPERATING REQUIREMENTS By receipt of funds form WCCLS each Contractor agrees that Contractor's library facilities will be open to the public at least 45 hours per week, and to employ at least one full-time employee who will serve as the primary contact with WCCLS. 5. FUNDING DISTRIBUTION A. WCCLS shall determine the total payment to be made to each Contractor during the term of this Agreement by using the method set forth in this Section and based on figures set forth in EXHIBIT A"Funding Distributions." B. Payments to Contractors shall be budgeted in three(3)funding distribution pools. 1. Pool One. If the countywide assessed value increases at least 3% annually,for FY2016-17 the total amount in Pool One shall be $23,313,017 as identified in EXHIBIT A. Thereafter, if countywide assessed value increases at least 3% annually Contractors shall each receive increases of 3% on an annual basis for the Term of this Agreement. 2. Pool Two. After actual County assessed valuation, tax levies and taxes are certified, County will determine WCCLS revenue which is subject to adjustment to actual revenue. WCCLS will use the WCCLS actual revenue to first fully fund Pool One distributions and budgeted WCCLS support and outreach services, including the Jump Start Operating Fund. WCCLS may then allocate additional funds to Pool Two. The WCCLS Executive Board shall recommend whether funds from Pool Two shall be distributed to Contractors, and if so, on what basis. Typically, the WCCLS Executive Board shall make the recommendation in February of each year. Any distribution of funds from Pool Two shall be distributed on a separate schedule from Pool One. 3. Jump Start Operating Fund. WCCLS shall create a third funding pool and use funds from this pool to support Contractors that physically expand a library building or add a new library branch during the term of this Agreement. Funds shall be allocated to support the operations of said expansions. WCCLS shall allocate funds through an application process created by the WCCLS Executive Board. Funds from this third funding pool will be added to the Contractor's Pool 1 base allocation at the beginning of the next Agreement term. Public Library Services Agreement, 5/6/2016 3 Public Library Services Agreement 2016 6. ADJUSTMENTS IN PAYMENTS A. WCCLS may adjust payments if funding for payments noted in 5.B.1 is less than projected. WCCLS will reduce amounts paid to each Contractor in an amount proportionate to each library's percentage of the total amount available for payment. B. WCCLS shall notify the Contractors in writing of any adjustments under this Section after the County adopts the budget for the subsequent fiscal year. If reductions in revenue are necessary after the beginning of a fiscal year, County shall give sixty(60) days notification to Contractors, if possible. 7. PAYMENT SCHEDULE A. WCCLS shall make payments to those Contractors that are cities as follows: 1. 80% (eighty percent) of the total annual payment shall be made on or before December 31; and 2. 20% (twenty percent) of the total annual payment shall be made on or before April 15. B. Notwithstanding paragraph 7.A above, a city not formerly a party to a Public Library Services Agreement with WCCLS, that establishes a public library and becomes a party to this Agreement, shall be entitled to receive payment on a monthly basis during the term of this Agreement. The monthly payment shall be 1/12 of the total annual payment. In addition, WCCLS agrees that any city to which this subsection applies shall be entitled to receive monthly payments for the entire term of any renewal or successor agreement to which it becomes a party,provided funds are available. C. WCCLS shall make payments to those Contractors that are community libraries, specifically Aloha Community Library Association, Cedar Mill Community Library Association, Garden Home Community Library Association and the West Slope Community Library, on a monthly basis. The monthly payment shall be 1/12 of the total annual payment. 8. SPECIAL LIBRARY FUND County, on behalf of WCCLS, shall maintain a Special Library Fund that shall include: A. Any remaining funds from a previous year which shall be carried over to the next year; B. All property tax collections made under all County library local option levies; Public Library Services Agreement, 5/6/2016 4 Public Library Services Agreement 2016 C. All transfers of county general funds made to WCCLS; D. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1); and E. Other revenues for library services. 9. SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the following central support and outreach services to Contractors and West Slope Community Library: A. Reciprocal borrowing with other metropolitan area public libraries and Oregon Library Passport Program participating libraries; B. Coordination of countywide library services among Contractors and with regional and state library service providers; C. Coordination of selection and purchase of shared electronic products available through WCCLS.org, coordination of training and education for adult services staff, coordination of countywide adult programming such as Summer Reading, and interlibrary loan borrowing from and lending to libraries outside of Washington County; D. Outreach services to special populations of Washington County residents, including,but not limited to, circulation of materials to those who cannot get to a public library(homebound), information and education about library-related services for child care providers and the children in their care, Latino and other cultural communities. E. Coordination and support of countywide youth services, including Summer Reading Programs and shared resources, coordination of training and education of youth services staff; F. Courier pick-up and delivery of materials between Contractors and provision of courier connections to regional library delivery systems; G. Planning for long-term growth and development of countywide library services; H. Operation and maintenance of the WCCLS Information Network as defined in the WCCLS Information Network Agreement; and I. Other services to address Long Range Service Plan goals as agreed upon by the Parties. 10. SERVICES TO BE PROVIDED BY CONTRACTORS A. Each Contractor agrees to ensure equity of access to materials, resources and services for all Qualified Borrowers. B. Qualified Borrowers will not be charged a fee for the initial circulation or renewal of library materials. C. Each Contractor shall apply all fees and policies uniformly to all Qualified Borrowers. Such fees may include special service and overdue fees. D. Each Contractor shall designate a staff member who will work with WCCLS and administer this Agreement on behalf of Contractor. Contractor shall authorized the staff member to receive and give any Public Library Services Agreement, 5/6/2016 5 Public Library Services Agreement 2016 notices that may be required under this Agreement. Unless otherwise designated, this shall be the Library Director for each Contractor. E. Each Contractor shall meet all requirements for Level 5 Libraries as defined in the Admission of New Public Libraries to Washington County Cooperative Library Services, as approved by the WCCLS Executive Board May 23, 2012 and subsequent revisions. F. Each Contractor shall abide by shared policies and procedures as agreed upon by the WCCLS Policy Group. G. Each Contractor shall identify its membership in WCCLS through identification marks, and through public communications in selected library printed materials, websites or other publicity materials. 11. RECORD KEEPING A. WCCLS shall provide each Contractor with a copy of the County's annual audit,upon request by Contractor. B. Each Contractor shall provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section, the following requirements shall apply: 1. For Contractors which are cities, the audit shall be that of the city, and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries (specifically Aloha Community Library Association, Cedar Mill Community Library Association and Garden Home Community Library Association), the audit shall be the result of an annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31st of each year to WCCLS. C. Each Contractor shall provide WCCLS with a copy of its Oregon Public Library Statistical Report. 12. TERMINATION A. County may terminate this Agreement upon sixty (60) days written notice for a termination date no sooner than the end of the current fiscal year, if it determines, in good faith through an open, public process, that: 1. The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon sixty(60) days written notice, if Contractor determines, in good faith, that: 1. The public interest in its jurisdiction or area of service would be served by such termination; or Public Library Services Agreement, 5/6/2016 6 Public Library Services Agreement 2016 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. County and each Contractor may terminate participation in this Agreement separately, and Agreements between remaining parties and County shall remain in effect. D. If Contractor terminates its participation in the Agreement, the County shall distribute funds to the Contractor prorated to the date of termination. 13. INSURANCE Each contractor to this Agreement shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the Contractors, its employees and agents. The insurance coverage shall cover the minimum amount specified in ORS 30.271. For Contractors which are not units of local government, certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County, its officers, employees and agents as additional insureds. 14. COMPLIANCE WITH APPLICABLE LAWS The Parties shall comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A. Equal Opportunity Contractor shall not discriminate against its employees (including applicants for employment) on the basis of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by County. B. Public Contracting Statutes ORS 279B.200 through 279B.240 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference. The Contractor agrees to: 1. Make payment promptly, as due,to all persons supplying, to Contractor, labor or material for the performance of the work provided for in this Agreement; 2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the Agreement: Public Library Services Agreement, 5/6/2016 7 Public Library Services Agreement 2016 3. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this Agreement; and 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 15. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.302, and the Oregon Constitution. 16. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon appropriation of funds therefor. 17. INDEPENDENT CONTRACTOR Each party is an independent contractor with respect to each other party and has no control over the work performed by the other. No party is an agent or employer of another party. No party or its employees is entitled to participate in a pension plan,insurance,bonus, or similar benefits provided by any other party. 18. NOTICE Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 18. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 19. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. Public Library Services Agreement, 5/6/2016 8 Public Library Services Agreement 2016 20. SEVERABILITY If any section, subsection, sentence, clause,phrase or portion of this Agreement is, for any reason,held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 21. AMENDMENT This Agreement may only be amended in writing and signed by all of the Parties. FOR THE CONTRACTOR: FOR WASHINGTON COUNTY: SIGNATURE SIGNATURE TITLE TITLE DATE DATE APPROVED AS TO FORM: COUNTY COUNSEL Public Library Services Agreement, 5/6/2016 9 Second Amendment to the Intergovernmental Agreement,Washington County Cooperative Library Services SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES This amends the Intergovernmental Agreement dated January 17, 2006 and amended July 1, 2007 between Washington County on behalf of Washington County Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro,North Plains, Sherwood, Tigard, and Tualatin, and the Cedar Mill Community Library Association and the Garden Home Community Library Association ("Contractors") as follows: In accordance with Section 4.1: Adding or Subtracting Members, the Aloha Community Library Association shall be added as a Member,effective July 1, 2016. The Aloha Community Library Association, by its execution of this Amendment, also hereby agrees to be bound by all of the terms and conditions of the January 17, 2006 Intergovernmental Agreement and all Amendments thereto. Amend Section 1,B: delete definition as it is an obsolete reference term. Amend Section 1, C: replace definition of WILInet(Washington County Inter-Library Information network) as follows: WCCLS Information Network—The system that includes: the shared integrated library system software (circulation, public access catalog,cataloging, serials control and acquisitions software);the WCCLS.org website and its resources; other databases and e- content provided by WCCLS for member library staff or public access; wireless Internet access for the public; central site hardware and software; software, hardware or peripheral products provided to member libraries and supported by WCCLS; and the telecommunications network linking Contractors to the system and for Internet access. Amend Section 1,F: replace definition of WCCLS Library Directors' Board as follows: WCCLS Policy Group—the Board established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Director. Amend Section 1, G replace definition of Cooperative Library Advisory Board (CLAB)as follows: WCCLS Executive Board—the Board established to advise the Board of County Commissioners and the Cooperative Library Services Director on matters pertaining to the funding for countywide library services, distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. 5/6/2016,Page 1 Second Amendment to the Intergovernmental Agreement,Washington County Cooperative Library Services Amend Section 4,A: WCCLS EXECUTIVE BOARD Membership to read as follows: 4. WCCLS EXECUTIVE BOARD A. Membership The Executive Board shall consist of fourteen (14) voting Board Members ("Members")representing the twelve(12)Contracting library service providers, the West Slope Community Library, and Washington County. For the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro,North Plains, Sherwood,Tigard, and Tualatin, the Members shall be the chief administrative officers of those jurisdictions or their designees. For the Aloha Community Library Association, the Cedar Mill Community Library Association and the Garden Home Community Library Association, the Members shall be representatives designated by the Contractors' governing boards. For the West Slope Community Library, the Member shall be a representative of the community appointed by the Board of County Commissioners. The Washington County Administrator(or designee) shall represent countywide services. The Executive Board will meet as needed and will typically convene either prior to or immediately following the standing city/county managers' meetings. Amend Section 5,A: WCCLS POLICY GROUP Membership to read as follows: 5. WCCLS POLICY GROUP A. Membership The WCCLS Policy Group ("Policy Group") shall consist of fourteen (14) voting Policy Group members representing the twelve (12) Contracting library service providers, the West Slope Community Library, and a library that is a non-public library WCCLS Information Network User(either Tuality Health Information Resource Center or the Oregon College of Art and Craft library). These fourteen Members shall be the library directors or their designees. Replace Section 7,SEVERABILITY to read as follows: If any section, subsection, sentence, clause,phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. Replace Section 10, COMPLIANCE WITH LAWS to read as follows: 10. COMPLIANCE WITH APPLICABLE LAWS Each party agrees to comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 5/6/2016,Page 2 Second Amendment to the Intergovernmental Agreement,Washington County Cooperative Library Services A. Equal Opportunity Member hereby agrees that its employees (including applicants for employment) shall not be discriminated against race, color,religion, gender, sexual orientation, national origin,disability, age, or marital status except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this contract on the grounds of race, color,religion, gender, sexual orientation, national origin,disability, age, or marital status. Any violation of this provision shall be grounds for cancellation, termination or suspension in whole or in part by County. B) Public Contracting Statutes ORS 279B.200 through 279B.240 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference. The Member agrees to: 1. Make payment promptly, as due, to all persons supplying, to Member, labor or material for the performance of the work provided for in this contract; 2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the contract: 3. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this contract; and 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Replace Section 11,LIABILITY AND INDEMNIFICATION to read as follows: 11. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.302, and the Oregon Constitution. Replace Section 12,NO BENEFITS to read as follows: 12. INDEPENDENT CONTRACTOR Each party is an independent contractor with respect to each other party and has no control over the work performed by the other. No party is an agent or employer of another party. No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 5/6/2016,Page 3 Second Amendment to the Intergovernmental Agreement,Washington County Cooperative Library Services Replace Section 14, INSURANCE to read as follows: All parties to this Agreement shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the Members, their employees and agents. The insurance coverage shall be for a minimum of the amounts specified in ORS 30.271. For Members which are not units of local government, certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County, its officers, employees and agents as additional insureds. This amendment shall become effective July 1, 2016. In performing the above, it is understood and agreed that all other terms and conditions of the original Intergovernmental Agreement of January 17, 2006 and amendments thereto are still in effect. FOR THE CONTRACTOR: Signature Title Date FOR WASHINGTON COUNTY: Signature Title Washington County APPROVED AS TO FORM: County Counsel 5/6/2016,Page 4 INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County," on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS," and the cities of Banks, Beaverton, Cornelius,Forest Grove, Hillsboro, Sherwood,Tigard, and Tualatin, and the Cedar Mill Community Library Association and the Garden Home Community Library Association, hereinafter referred to as "Contractor(s)." WITNESSETH WHEREAS, Washington County has approved funding for county-wide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS, a Public Library Services Agreement exists to define the method for distribution of those funds and the rights and responsibilities of WCCLS and Contractors in the provision of county-wide lbirary services; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS, all parties are desirous of providing residents of Washington County with access to public library services and Contractors are capable of providing such access and services; and WHEREAS the participating jurisdictions now desire to enter into another Agreement to provide, among other things,for an Executive Board and Policy Board among the participating jurisdictions and assigning responsibilities thereto in order to serve as advisors to the County regarding the provision of county-wide library service; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A. WCCLS (Washington County Cooperative Library Services)—An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Network—The consortium of public, academic, special and school libraries in Washington County,which exists to provide countywide library service. Page 1 C. WILInet (Washington County Inter-Library Information Network)—An integrated, automated library system,including but not limited to WILL, which is comprised of the integrated library system software(online circulation,public access catalog, cataloging and acquisitions software), and other databases,Internet resources, central site hardware and telecommunications equipment. D. Qualified Borrowers—All Washington County residents, residents of counties with which Washington County has reciprocal borrowing agreements, and other paid card holders. E. West Slope Community Library-The public library that is a department of WCCLS and managed by the County. For purposes of funding,West Slope is treated as a Contractor, but is not a signatory to this Agreement. F. WCCLS Library Directors' Board—The executive body of the WCCLS Network; advisory to the Cooperative Library Advisory Board and the WCCLS Manager. G. Cooperative Library Advisory Board (CLAB)—The board appointed by the Washington County Board of County Commissioners to develop, review and recommend library service policies,representing Public Library Services Agreement Contractors and the West Slope Community Library. CLAB is advisory to the Board of County Commissioners and to the Cooperative Library Services Manager. 2. TERM OF AGREEMENT This Agreement shall be in effect from January 1, 2006 and shall remain in effect perpetually thereafter, until such time as this Agreement is wholly or partially terminated pursuant to Section 9 herein. 3. GOVERNING BODY WCCLS shall continue to be governed by the Washington County Board of County Commissioners. A WCCLS Executive Board, described below, shall be established to advise the Board of County Commissioners and the Cooperative Library Services Manager on matters pertaining to the funding for countywide library services, distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. The WCCLS Executive Board shall replace the current Cooperative Library Advisory Board. A WCCLS Policy Group, also described below, shall be established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Manager. The WCCLS Policy Group shall replace the current Library Directors' Board. Page 2 4. WCCLS EXECUTIVE BOARD A. Membership The Executive Board shall consist of twelve(12) voting Board Members ("Members") representing the ten current Contracting library service providers, the West Slope Community Library, and Washington County. For the cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood,Tigard, and Tualatin, the Members shall be the chief administrative officers of those jurisdictions or their designees. For the City of Banks, the Cedar Mill Community Library Association and the Garden Home Community Library Association,the Members shall be representatives designated by the Contractors' governing boards. For the West Slope Community Library,the Member shall be a representative of the community appointed by the Board of County Commissioners. The Washington County Administrator(or designee) shall represent countywide services. The Executive Board will meet as needed and will convene either prior to or immediately following the city/county managers' meetings. B. Non-Voting Members The Chair and Vice-Chair of the WCCLS Policy Group shall serve as Members of the Executive Board in an ex-officio capacity. C. Appointments to the WCCLS Executive Board Except as otherwise specified herein, appointments for all Contractors and the County are continuous and Members shall serve at the pleasure of their appointing authorities. The West Slope Community Library representative shall be appointed by the Board of County Commissioners for a two year term, which can be renewed. D. Responsibilities The Executive Board shall advise the Board of County Commissioners, the County Administrator and the Cooperative Library Services Manager on issues pertaining to funding for countywide library services, the distribution of financial resources by WCCLS for direct public library services, and long-term governance and funding strategies. This includes but is not limited to the following matters: 1. Provide recommendations regarding contracts related to the provision of centrally provided support services when Board of County Commissioner approval is required, 2. Review Policy Group recommendations for central service plans and budget allocations, forward the Executive Board's recommendations regarding the same to the County Administrator and the Board of County Commissioners for inclusion in WCCLS annual budget requests, 3. Review recommended allocation amounts and funding distribution formulas to be included in the Public Library Services Agreement;provide jurisdictional endorsements of such Agreements and recommend to the County Administrator and the Board of County Commissioners for approval, Page 3 4. Consider and recommend to the Cooperative Library Services Manager, the County Administrator and the Board of County Commissioners any changes regarding governance of Members or membership for WCCLS or the Executive Board, 5. Recommend long term funding strategies for countywide library service to the County and Board of County Commissioners, 6. Develop recommendations for the County and the Board of County Commissioners regarding supplemental funding strategies for countywide library services. E. Schedule of Meetings The Executive Board at its first organizational meeting or as soon thereafter as reasonable, shall adopt rules governing its procedures, and which shall include at a minimum: 1)time and place of regular meetings; 2) the method and manner of calling special meetings; 3) the method, term and manner of establishing committees or sub-committees; and 4)Executive Board by-laws and rules of procedure. The Executive Board shall meet as needed to adequately execute its duties and responsibilities. The first organizational meeting shall be a joint meeting with the WCCLS Policy Group and thereafter a joint meeting of the two boards shall be held annually. All meetings of the Executive Board and the WCCLS Policy Group shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.710. F. Election of Officers The Executive Board at its first organizational meeting or as soon thereafter as reasonable, shall elect a Chair and Vice Chair/Chair Elect. The term of the officers shall be for two years, with elections held at the Executive Board's annual meeting. The Chair, or the Vice Chair/Chair Elect in his/her absence, shall preside over all meetings of the Executive Board. The Cooperative Library Services Manager(or designee) shall serve as Clerk of the Board and be responsible for providing notices of meetings and keeping minutes, as required by Oregon Public Meeting Laws. G. Quorum A majority of the Members of the Executive Board shall constitute a quorum. All decisions of the Board,unless otherwise provided herein, shall require the presence of a quorum and a majority vote of those representatives in attendance. No recommendation regarding a formula for allocating county funds through the Public Library Services Agreement shall be forwarded to the Board of Commissioners unless it receives the votes of a majority of the Members of the Executive Board. H. Voting Each Member of the Executive Board shall have one vote. In the event that a Member is unable to attend a meeting in which a vote is scheduled to take place, the Member may appoint a designee to attend and vote in his/her place. Under circumstances when neither a Member nor his/her designee can attend, a Member may, prior to the meeting, submit his/her vote to the Chair on a specific issue under signature in writing or by email that clearly identifies the sender. Page 4 Adding or Subtracting Members Members shall be added to the Executive Board, as needed,to represent new library service providers admitted to WCCLS through the Public Library Services Agreement(PLSA). Members shall be subtracted from the Executive Board at such time as a library service provider withdraws from membership in WCCLS and ceases to be a party to the PLSA, or when a city assumes management and fiscal responsibilities for operating a community library, or when two or more library service providers merge into one administrative entity. A library that changes its governance(EX: a city library becomes a community library, or a city or community library establishes a library district) retains its membership rights in WCCLS including membership on the Executive Board and authority to receive funds through the Public Library Services Agreement. 5. WCCLS POLICY GROUP A. Membership The WCCLS Policy Group ("Policy Group") shall consist of twelve (12) voting Members representing the ten (10)current contracting library service providers, the West Slope Community Library, and a library that is a non-public library WILInet member(either Tuality Health Information Resource Center or the Oregon College of Art and Craft library). These twelve Members shall be the library directors or their designees. The Policy Group shall replace the current Library Directors' Board. B. Responsibilities The Policy Group shall advise the WCCLS Executive Board and the Cooperative Library Services Manager on issues pertaining to the development and implementation of policies and procedures for delivery of public library services to all county residents, and to provide technical and professional support for the WCCLS Executive Board. This includes but is not limited to the following matters: 1. Develop, approve and implement shared policies and procedures for the delivery of direct public library services by member libraries, 2. Advise the Cooperative Library Services Manager on issues related to the provision of library services to special populations, 3. Advise the Cooperative Library Services Manager on operational considerations for contracts related to the provision of centrally provided support services, 4. Recommend annual service plans and review budget allocations for centrally provided support services and library services to special populations to the Cooperative Library Services Manager and the Executive Board, 5. Advise the Cooperative Library Services Manager and the Executive Board on the allocation of County resources for direct public library service delivery and the formula used to distribute such resources, 6. Provide technical and professional support for the Executive Board regarding governance of members and membership in WCCLS, Page 5 7. Encourage and provide a forum for positive and timely communication among library directors and staff to continuously evaluate and improve library services to county residents, 8. Develop recommendations for long term funding needs and strategies for the Executive Board, 9. Provide technical and professional support for the Executive Board regarding supplemental funding strategies for countywide library services, 10. Keep abreast of library trends and developments;evaluate and recommend service implementation changes as needed to the Cooperative Library Services Manager. C. Schedule of Meetings The Policy Group at its first organizational meeting or as soon thereafter as reasonable, shall adopt rules governing its procedures, and include at a minimum: 1) time and place of regular meetings; 2) method and manner of calling special meetings; 3) method of establishing committees or sub-committees; and 4) Policy Board by-laws and rules of procedure. The Policy Group shall meet monthly or as needed to execute its duties and responsibilities. The first organizational meeting shall be a joint meeting with the WCCLS Executive Board and thereafter a joint meeting of the two boards shall be held annually. All meetings of the Policy Group and the Executive Board shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.710. D. Election of Officers The Policy Group at its first organizational meeting or as soon thereafter as reasonable, shall elect a Chair and Vice Chair/Chair Elect. The term of the officers shall be for one year, with elections held at the Policy Group's annual meeting. The Chair, or the Vice Chair/Chair Elect in his/her absence, shall preside over all meetings of the Policy Group. The Cooperative Library Services Manager(or designee) shall serve as Clerk of the Board and be responsible for providing notices of meetings and keeping minutes, as required by Oregon Public Meeting Laws. E. Quorum A majority of the Members of the Policy Group shall constitute a quorum. All decisions of the Group, unless otherwise provided herein, shall require the presence of a quorum and a majority vote of those representatives in attendance. No recommendation regarding a formula for allocating county funds through the Public Library Services Agreement shall be forwarded to the Executive Board unless it receives the votes of a majority of the Members of the Policy Group. F. Voting Each voting Member of the Policy Group shall have one vote. Under circumstances when a Member cannot attend, he/she may,prior to the meeting, submit a vote to the Chair on a specific issue under signature in writing or by email that clearly identifies the sender. Page 6 G. Adding or subtracting members Member representatives shall be added to the Policy Group, as needed, to represent new library service providers admitted to WCCLS through the Public Library Services Agreement. Member representatives shall be subtracted from the Policy Group at such time as a library service provider withdraws from membership in WCCLS and ceases to be a party to the PLSA, or when a city assumes management and fiscal responsibilities for operating a community library, or when two or more library service providers merge into one administrative entity. A library that changes its governance (EX: a city library becomes a community library, or a city or community library establishes a library district) retains its membership on the Policy Group. 6. AMENDMENTS All changes,modifications, or amendments to this Agreement shall only be considered upon approval of three fourths (3/4)of the Member representatives of the Executive Board. Following a recommendation from the Executive Board, this Agreement may be changed, modified, or amended only in writing and upon approval of all of the parties to this Agreement. 7. SEVERABILITY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreement that results in the invalidity of any part, shall not affect the remainder of the Agreement. 8. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement. 9. TERMINATION This Agreement may be terminated only pursuant to the following: A. This Agreement shall terminate as to any individual party upon that party ceasing to be a party to the Public Library Services Agreement(PLSA) dated 1/20/04. B. This Agreement shall terminate in its entirety, as to all parties, upon execution of a declaration signed by three-fourths (3/4)of all parties to this Agreement terminating its effectiveness. Page 7 10. COMPLIANCE WITH LAWS Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services and activities provided under this Agreement. 11. LIABILITY AND INDEMNIFICATION Notwithstanding that actions by some or all of the parties to this Agreement may be undertaken on behalf of the others,each party agrees to be responsible for the consequences of any wrongful acts of the party's employee as they affect any other party or a person not a party to this Agreement. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to indemnify the other parties and each of them, and hold each and all harmless from any and all claims, actions or suits arising out of a wrongful act of the first party's employee done in the course and scope of this Agreement. 12. NO BENEFITS No party or its employees is entitled to participate in a pension plan, insurance,bonus, or similar benefits provided by any other party. 13. NOTICE Any Contractor shall give immediate written notice to the County of any action or suit filed or any claim made against that party that may result in litigation and is directly related to this Agreement. 14. INSURANCE Each party agrees to maintain insurance levels, or self-insurance in accordance with ORS 30.282, for the duration of this agreement at levels necessary to protect against public body liability as specified in ORS 30.270. Contractors which are community libraries shall provide certification of insurance upon request. 15. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 16. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. Page 8 FOR THE CONTRACTOR: Signature Title Date FOR WASHINGTON COUNTY: Signature Title Washington County APPROVED AS TO FORM: Sr. Assistant County Counsel Page 9 WCCLS Information Network Agreement 2016 WCCLS Information Network Agreement This WCCLS Network Agreement, hereafter referred to as "Agreement," is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County", by and through Washington County Cooperative Library Services, hereinafter referred to as "WCCLS," and the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, North Plains, Sherwood,Tigard and Tualatin, Aloha Community Library Association, Cedar Mill Community Library Association,Garden Home Community Library Association, Tuality Healthcare and Oregon College of Art and Craft, hereinafter referred to as "Network Users." County and Network Users are collectively known as "the Parties." WHEREAS the Parties originally entered into this Agreement in 1986 and the Agreement has had subsequent amendments and renewals including the last one entered into on July 11, 2011. WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement, or are private non- profit agencies operating libraries, and WHEREAS,the Parties desire to continue to provide residents of Washington County with access to public library services and can provide such access and services, and WHEREAS,WCCLS has purchased and installed an integrated library system and operates and maintains a secure telecommunications network to facilitate connections between Network Users' libraries and to the Internet, and desires to make this system available for use by libraries in Washington County; NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A) WCCLS (Washington County Cooperative Library Services) - An agency of County government that exists to coordinate,contract for or provide a full range of library and information services to all residents of the county. B) WCCLS Information Network—The system that includes: the shared integrated library system software (circulation,public access catalog, cataloging, serials control and acquisitions software); the WCCLS.org website and its resources; other databases and e- content provided by WCCLS for Network Users' library staff or public access; wireless Internet access for the public;central site hardware and software; software, hardware or peripheral products provided to Network Users' libraries and supported by WCCLS; and the telecommunications network linking Network Users to the system and for Internet access, hereinafter referred to as the "Network." WCCLS Information Network Agreement 5/6/2016-page 1 WCCLS Information Network Agreement 2016 C) Host—Any intelligent device connected to the Network that is addressable by a network/transport protocol. All workstations,network printers,routers,etc. are hosts. D) Broadband Users' Group—A membership organization through which WCCLS procures Internet and firewall network services. E) WCCLS Policy Group—The board established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Director. F) WCCLS Information Network Users' Group - A committee of the WCCLS Policy Group to advise WCCLS and the WCCLS Policy Group on the operation of the automated system as defined in the WCCLS Policy Group Bylaws. G) Public Library Services Agreement -The Inter-Governmental Agreement between Washington County and library service providers to provide library services to all county residents, containing a distribution formula under which WCCLS makes payments to public libraries. H) WCCLS Executive Board—The board established to advise the Board of County Commissioners and the Cooperative Library Services Director on matters pertaining to the funding for countywide library services, distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. I) West Slope Community Library—The public library that is a department of WCCLS and managed by the County. For purposes of this Agreement, West Slope is treated as a Network User. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2016,through June 30, 2021, except as otherwise provided in Section 14 of this Agreement. 3. OWNERSHIP AND MANAGEMENT OF THE WCCLS INFORMATION NETWORK A) The Washington County Board of Commissioners, as the governing body of WCCLS, retains final authority for decision-making related to Network and its operation. B) WCCLS shall have full ownership of all Network components and shall make the system available to Network Users. All software and upgrades provided to Network Users by WCCLS will remain the property of WCCLS. WCCLS Information Network Agreement 5/6/2016-page 2 WCCLS Information Network Agreement 2016 C) Item records owned by Network Users, the associated bibliographic and patron records where the patron is registered at the Network User Library, shall be considered the property of that Network User. On termination of this Agreement by either party Network User shall pay all reasonable costs associated with data extraction necessary to provide records in machine-readable format. 4. SERVICE AVAILABILITY A) Network shall be available for use twenty-four(24)hours a day except for routine maintenance and when software, hardware, or telecommunications upgrades or changes necessitate making the system unavailable. WCCLS agrees to provide Network User with prior notice of Network downtime if it will affect library operations or business hours except for unexpected outages due to Network failure or other circumstances beyond the control of WCCLS. No liability shall be assumed by WCCLS if Network experiences downtime. B) WCCLS staff shall be available to support the Network and to answer questions about the Network from Network Users. No Network staff will be available on days that are official Washington County holidays. The hours of service are as follows: 8:00 am—9:00 pm,Monday—Thursday; 8:00 am—6:00 pm Friday, 9:00 am—5:00 pm Saturday, and 10:30 am- 5:30 pm Sunday. Staff will be available for emergency support from 6:00pm to 9:00pm Friday only. 5. DATA RECOVERY WCCLS will duplicate at least daily all data maintained in the Network database. WCCLS will maintain back-up data on-site and off-site so that files can be reconstructed if a system malfunction occurs that requires restoring or rebuilding data files, in whole or in part. A minimum of one weekly back-up will be stored in a location physically apart from the site of the central system in case of major disaster at the central site. The purpose of the back-up is for emergency recovery is live data or the system is damaged or destroyed and is not for archival purposes. 6. DUTIES AND RESPONSIBILITIES OF WCCLS WCCLS shall: A) Purchase all Network hardware, software, and telecommunications equipment; house such equipment in a suitable environment; and maintain said equipment in good operating condition. B) Purchase integrated library system client software licenses for Network Users and coordinate distribution of licenses. WCCLS Information Network Agreement 5/6/2016-page 3 WCCLS Information Network Agreement 2016 C) Provide, or contract for the provision of, maintenance of Network hardware, software, and the telecommunications equipment. D) Provide and maintain directory services to control access to the Network. E) Employ personnel needed to maintain and operate Network and staff a help desk for problem reporting and resolution. F) Provide a source of, and maintain for Network Users, MARC bibliographic cataloging records and authority records in the catalog. This includes monitoring and evaluating bibliographic services to maintain quality bibliographic records. G) Purchase, and coordinate licensing of, other software, applications or equipment to support Network services. H) Purchase item inventory tags, security tags and patron cards to be used by Network Users. I) Provide initial training and initial and on-going training materials to Network Users for WCCLS-provided software applications as documentation is provided by vendors. J) Provide documentation for the integrated library system as documentation is provided by vendors. K) Provide software updates to Network Users for software applications purchased by WCCLS and licensed for use at member libraries. L) Regularly review the operations of Network hardware, software and telecommunications, evaluate performance, and develop plans for modifications, upgrades and new services, as outlined in the WCCLS Long Range Plan. M) Monitor compliance with Policies &Procedures adopted by the WCCLS Policy Group and the Broadband Users' Group to coordinate orderly and secure use of the Network. N) Conduct an independent security audit of the Network and implement recommendations to maintain security and integrity. 0) Take steps to maintain security,up to and including terminating a connection between one or more network Hosts that presents a problem or threatens security, integrity, or performance of the Network. WCCLS shall notify affected Network Users about an impending disconnection if time permits. Unless WCCLS determines that the problem or threat has resulted in a default under paragraph 11, WCCLS shall restore connectivity when the WCCLS staff determines that the problem is resolved or the threat removed. P) Provide and maintain library security gates (RFID enabled). Q) Manage the Network pursuant to the terms and conditions of this Agreement. WCCLS Information Network Agreement 5/6/2016-page 4 WCCLS Information Network Agreement 2016 7. DUTIES AND RESPONSIBILITIES OF NETWORK USERS Network Users shall: A) Participate in the use and operation of the Network under the terms and conditions of this Agreement and the Policies &Procedures adopted by the WCCLS Policy Group. B) Take full responsibility for linking item information for Network User's holdings to bibliographic records in the catalog and for meeting cataloging standards as outlined in the Policies &Procedures. C) Provide, maintain, and administer cabling, equipment, software, associated devices and Hosts within Network User's building that are connected to the Network. Network Users should meet ANSI/TIA-5568-C or ISO/IEC 11801(Ed2.2) standards when installing new data cabling. D) Provide site preparation, access, and environmental conditions necessary for optimal security and functioning of Hosts provided by WCCLS. E) Ensure that devices configured by Network User and accessing the Network comply at all times with hardware, software and security requirements deemed necessary by WCCLS staff. Network User shall use WCCLS directory services to access the Network. F) Ensure that all Hosts connected to the Network are secured and supervised by library staff during use. Network User shall not allow public users to use staff workstations. G) Ensure that any Host or device connected to the Network shall neither cause, nor have the potential to cause, any network disruption, security breach, nor other deleterious outcome. H) Obtain permission from WCCLS before attempting to attach any new equipment to the Network. I) Obtain permission from WCCLS before adding workstations that will run software applications purchased by WCCLS and licensed for use at Network Users' libraries. J) Protect Network equipment and software from abuse, theft or misuse, and assume financial responsibility for repairing or replacing damaged equipment. K) Be responsible for system security by limiting access to non-public accounts to trained, authorized staff and volunteers,using individually-assigned user logon credentials, and following security protocols and procedures as directed by WCCLS to prevent unauthorized access. Examples may be password protection, encryption of sensitive information, or locking workstations when not in use. WCCLS Information Network Agreement 5/6/2016-page 5 WCCLS Information Network Agreement 2016 L) Notify WCCLS before requesting additional services, including but not limited to domain accounts, integrated library system staff or volunteer logon accounts, workstations, and staff email accounts. M) Notify WCCLS promptly to request that a logon or staff email account be deleted to maintain system security. For example, if a Network User terminates an employee, the Network User shall promptly request that the terminated employee be deleted. N) Provide an inventory of Network Hosts in Network User's facility and connected to the Public Communications Network as needed by WCCLS. 0) Conduct an annual inventory of licenses in use by the Network User as instructed by WCCLS staff. P) Keep records and statistics when required by WCCLS to document system performance. Q) Designate at least one person as the WCCLS contact concerning use of the Network. 8. CONFIDENTIALITY OF DATA The patron and circulation records in the catalog are exempt from public disclosure pursuant to ORS 192.502(23). Network Users agree that they will not disclose patron and circulation information or patron's use of library resources and services including,but not limited to, databases, e-content and wireless access. Network Users also agree that only library staff and designated library volunteers shall have access to such records in the course of operating the system. Network Users agree to forward to WCCLS all requests for confidential data from law enforcement or other requestors in accordance with established Policies and Procedures. Network Users may use patron name and address information for library purposes as long as it is used in accordance with established Policies & Procedures. 9. COST ALLOCATION FORMULA On an annual basis, WCCLS shall calculate the Cost Allocation Formula(EXHIBIT A)based on measures of Network Users' use of the Network: integrated library system licenses, total circulation, number of titles, number of items, number of patrons, and volumes added in the fiscal year. WCCLS uses the Cost Allocation Formula to identify each Network User's percentage share of operational costs to maintain the Network if WCCLS funding ceases. Network Users that are not signatories to the Public Library Services Agreement,chiefly Tuality Health Resource Center and Oregon College of Art and Craft, shall be responsible for ten percent of their share of the cost allocation on an annual basis. These Network Users shall be notified of Network operating costs by April 1 as determined by the Cost Allocation Formula used in EXHIBIT A "Cost Allocation Formula". These Network Users shall receive an invoice from WCCLS by April 15 for the annual cost,which shall be paid by June 30. WCCLS Information Network Agreement 5/6/2016-page 6 WCCLS Information Network Agreement 2016 10. ADMISSION OF NEW NETWORK USERS THAT ARE NOT SIGNATORIES TO THE PUBLIC LIBRARY SERVICES AGREEMENT WCCLS may admit other libraries that are not signatories to the Public Library Services Agreement to the Network if WCCLS undertakes the necessary system modification to ensure continued security and performance. Admission of new Network Users shall require unanimous approval of present Network Users and the WCCLS Executive Board. New Network Users are assessed a share of operating costs for the first year of membership as determined by the WCCLS Executive Board. The "Cost Allocation Formula"in Exhibit A applies during and after the second year. 11. DEFAULT A) Each of the following shall constitute a default: 1. Material noncompliance with the terms of the Agreement or any policies or procedures adopted pursuant to this agreement; 2. Misuse of any Network resources including, but not limited to, system operating software, hardware, or telecommunications. 3. Failure to maintain system security protocols or procedures as directed by WCCLS. B) If a Network User or WCCLS defaults on the Agreement, WCCLS or the Network User or WCCLS, respectively, shall: 1. Advise the party in writing of the alleged default and any action required to cure the default; 2. Set forth a time by which the default must be cured, a minimum of thirty (30) days. C) If a Network User fails to cure the alleged default after WCCLS notifies the Network User of the alleged default,WCCLS may,following written notice to the Network User: 1. Prohibit Network User from the use of the system; 2. Take any action to cure or stop the default; 3. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default; 4. Terminate this Agreement as regards the defaulting Network User. D) Notwithstanding subparagraph B,WCCLS may lock out a Network User from the system without notice in the event of an emergency involving,but not limited to, system damage or the breach of security or confidentiality of the database. 12. TERMINATION A) County may terminate this Agreement in its entirety or as to any individual Network User upon sixty (60) days written notice, if it determines, in good faith, through an open, public process, that: 1. The public interest would be served by such termination; 2. Adequate funds are not available. WCCLS Information Network Agreement 5/6/2016-page 7 WCCLS Information Network Agreement 2016 B) Each Network User may terminate this Agreement upon sixty (60) days written notice, if the Network User determines, in good faith, that the public interest in its jurisdiction or area of service would be served by such termination. C) County and each Network User may terminate this Agreement for a default by the other party that has not been cured. D) Upon termination of this Agreement as to any individual Network User, this Agreement between remaining Parties shall remain in effect. E) Except for termination under subparagraph A, the Network User shall be responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to remove or otherwise mask Network User's data from the system on termination. 13. INSURANCE A) County and each Network User shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the Network User, its employees and agents. The insurance coverage shall cover the minimum amount specified in ORS 30.271. For Network Users who are not units of local government,certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County, its officers,employees and agents as additional insureds. B) WCCLS shall maintain insurance adequate to cover the replacement of the central site equipment including but not limited to central hardware, telecommunications equipment and uninterruptible power supply. The insurance coverage shall be for a minimum of$600,000. C) Network Users shall maintain insurance adequate to cover the replacement of the telecommunications and security equipment owned by WCCLS and housed at Network User's site. 14. COMPLIANCE WITH APPLICABLE LAWS The Parties shall comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A) Equal Opportunity Network User shall not discriminate against its employees (including applicants for employment)on the basis of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement, in whole or in part,by County. WCCLS Information Network Agreement 5/6/2016-page 8 WCCLS Information Network Agreement 2016 B) Public Contracting Statutes ORS 279B.200 through 279B.240 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference. The Contractor agrees to: 1. Make payment promptly,as due,to all persons supplying,to Contractor, labor or material for the performance of the work provided for in this Agreement; 2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the Agreement: 3. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this Agreement;and 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 15. INDEMNIFICATION Each party agrees to hold harmless,defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.302, and the Oregon Constitution. 16. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon appropriation of funds therefor. 17. INDEPENDENT CONTRACTOR Each party is an independent contractor with respect to each other party and has no control over the work performed by the other. No party is an agent or employer of another party. No party or its employees is entitled to participate in a pension plan, insurance,bonus, or similar benefits provided by any other party. 18. NOTICE Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 19. COUNTERPARTS This Agreement may be executed in several counterparts,each of which shall be an original, all of which shall constitute but one and the same instrument. WCCLS Information Network Agreement 5/6/2016-page 9 WCCLS Information Network Agreement 2016 20. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 21. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any Party. 22. AMENDMENT This Agreement may only be amended in writing and signed by all of the Parties. FOR THE NETWORK USER: FOR WASHINGTON COUNTY: Signature Signature Title Title Date Date APPROVED AS TO FORM: County Counsel WCCLS Information Network Agreement 5/6/2016-page 10 AIS-2731 3.D. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): Consent Item Agenda Title: AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG COMMERCIAL STREET AND PACIFIC HIGHWAY Prepared For: Andrew Newbury Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council authorize the City Manager to enter into an intergovernmental agreement (IGA) with TriMet regarding cost share obligations for new sidewalks along SW Commercial Street and Pacific Highway? STAFF RECOMMENDATION /ACTION REQUEST Authorize the City Manager to execute the agreement. KEY FACTS AND INFORMATION SUMMARY Council reviewed the attached intergovernmental agreement(IGA)with Tri-Met on May 17,2016 and directed staff to add it to the consent agenda for approval. The adopted 2015-16 Capital Improvement Plan includes project#95042—Commercial Street Sidewalk and Storm Facility (Main to Lincoln). The purpose of this project is twofold,to construct sidewalks along Commercial Street and to add a stormwater facility to treat runoff in this area. This IGA is for the sidewalk portion of the project only. The stormwater portion will be under a separate contract and managed by the City. This project is federally funded through the Multimodal Transportation Enhance Program (MTBP)EP) and administered through ODOT. TriMet will serve as their local agency. Two separate IGAs are moving forward: •ODOT with TriMet to act as their local agency •TriMet with the City of Tigard for local project delivery. Attachment 1 is the proposed agreement between TriMet and the city. It outlines how the agencies will work together to design and build the following"City Projects": •Commercial St—800 lineal feet of 8-foot sidewalk along Commercial St between Main St and Lincoln Ave under the Pacific Highway bridge. Fencing will be installed between the railroad tracks and pedestrian area. •Commercial St Pedestrian Path—655 lineal feet of paved pedestrian path between SW Center St and Commercial St. NOTE: City staff just recently completed a "light,quicker,cheaper" project for this pathway. However, additional work may be required on this path to meet all stormwater regulations. Staff will evaluate this as part of this project. •SW Naeve to SW Beef Bend Rd—510 lineal feet of sidewalk infill on Pacific Highway northbound. The total cost for these projects is estimated to be $1,305,000. The funding ratio is 89.73% of MTEP funds to 10.27% of City funds. M l'EP funds are fixed at$1,170,976. The City's contribution is $134,024 and will be funded by gas tax. The draft agreement also covers the potential for underruns and overruns. If there are any project underruns of the local share,TriMet will pay such underruns to the City. If there are any project overruns,these costs will need to be paid by the City. Pursuant to the TriMet/ODOT IGA,TriMet and ODOT shall mutually agree to project decisions regarding design standards,design exceptions,utility relocation expenses,right of way needs,preliminary engineering changes,construction engineering charges,and contract change orders as these decisions may impact the project costs. To protect against project overruns,TriMet will delegate these decisions to City for purposes of City projects. OTHER ALTERNATIVES Council could propose changes to the agreement or decide not to approve the agreement. Should council decide not to approve the agreement,the consequence would likely be that TriMet chooses not to fund the project. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS Strategic Plan Goal 1: Facilitate walking connections to develop an identity. DATES OF PREVIOUS CONSIDERATION The council was briefed on this agreement at its May 17,2016 meeting. Fiscal Impact Cost: $134,024 Budgeted (yes or no): yes Where Budgeted (department/program): Transportation/Gas Tax Additional Fiscal Notes: Total project cost noted in IGA for City Projects is $1,305,000. The funding ratio for the City Projects is 89.73% of M 1'EP funds to 10.27% of City funds. MTEP funds are fixed at$1,170,976. The City's contribution is $134,024. Note: This is for the sidewalk portion of CIP project number 95042. Expected City project management and contingency costs related to this IGA are$100,000 for a total City project cost of$234,024. The remaining funds noted in CIP project number 95042 description sheet are for a stormwater quality facility that is not part of this IGA and will be separately managed by the City. Attachments TriMet-City of Tigard IGA ODOT-TriMet IGA Sidewalk Improvement Location Exhibit INTERGOVERNMENTAL AGREEMENT BETWEEN TRIMET AND THE CITY OF TIGARD FOR COST SHARE OBLIGATIONS ALONG SW COMMERCIAL STREET& 99W THIS AGREEMENT is made this day of , 2016, by and between the TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a mass transit district of the state of Oregon, hereinafter referred to as "TriMet", and THE CITY OF TIGARD, a municipal corporation of the state of Oregon acting by and through its Elected Officials, hereinafter referred to as "City". I. RECITALS 1. TriMet and ODOT have entered into a separate binding Intergovernmental Agreement to administer ODOT Agreement No. 30684: Barbur/OR-99W Corridor Safety &Access to Transit Project ("TriMet/ODOT IGA"). The TriMet/ODOT IGA is attached hereto as Exhibit A. 2. The TriMet/ODOT IGA is a mechanism for ODOT to administer the local projects set out in that agreement. Under the TriMet/ODOT IGA, ODOT has agreed to administer and deliver the following three projects (referred to herein as "City Projects") for the City of Tigard: • SW Commercial St— Design and construct 800 feet on an 8-foot sidewalk along SW Commercial St under the highway structure between Main St and SW Lincoln Ave and install fence between railroad and pedestrians. Project Budget: $900,000. Local Match: $92,430 • SW Commercial St- Construct pedestrian path between SW Center St and Commercial St. Project Budget: $75,000. Local Match: $7,703 • SW Naeve to SW Beef Bend Rd—Design and construct sidewalk infill on 99W northbound. Project Budget: $330,000 Local Match: $33,891 3. TriMet is willing to sign the TriMet/ODOT IGA to facilitate construction of the local projects. However, TriMet and the City understand and agree that the City Projects are being constructed by ODOT for the benefit of the City. 4. The total cost for the City Projects is estimated to be $1,305,000 and funded as part of the Multimodal Transportation Enhance Program (MTEP). The Funding Ratio for the City Projects is 89.73% of MTEP funds to 10.27% of City funds. MTEP funds are fixed at $1,170,976. The City's contribution is $134,024. 5. The Parties desire to work together and with ODOT to complete the City Projects, under the terms of this Agreement and the TriMet/ODOT IGA. 6. The Parties are authorized to enter into this Agreement pursuant to the provisions of ORS Chapter 190. Now, therefore, in consideration of the mutual promises set forth below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1 PARTY RESPONSIBILITIES A. City Responsibilities: 1. City shall be responsible for funding the City Projects at the amount of the local share as set forth in the TriMet/ODOT IGA (10.27 percent, or$134,024). These funds shall be deposited to ODOT within two fiscal years of execution of this Agreement and can be split among multiple fiscal years. 2. City shall be responsible for payment of all "Project Overruns" (as defined in the TriMet/ODOT IGA) and other costs related to the City Project. 3. City shall designate appropriate staff to the City Projects to carry out the City's responsibilities. This includes, but is not limited to, appropriate permitting staff. 4. City's Office of Public Works shall provide oversight and guidance to ODOT as needed for all activities related to the City Projects, including project management, design, right-of-way, public outreach, citizen involvement activities, engineering, permitting, utility coordination, and project construction. 5. City shall review and approve City Project plans and specifications developed by ODOT. Per the TriMet/ODOT IGA, ODOT will advertise and award a construction contract to the lowest responsible, responsive bidder, per ODOT policy. 6. City shall facilitate the processing of required permits and provide inspection services of civil and electrical work to ensure the City Projects are constructed to City standards. 7. City shall be responsible for the ownership and maintenance of the fence and pedestrian path constructed along SW Commercial St. B. TriMet Responsibilities: 1. TriMet shall work with the City to assist the City and ODOT in delivering the City Projects. 2. Pursuant to the TriMet/ODOT IGA, TriMet and ODOT shall mutually agree to project decisions regarding design standards, design exceptions, utility relocation expenses, right of way needs, preliminary engineering charges, construction engineering charges, and Contract Change Orders as these decisions may impact the Total Project Cost. TriMet delegates these decisions to City for purposes of City Projects. 3. TriMet is not responsible for payment of any costs for City Projects under this Agreement or under the TriMet/ODOT IGA. Any costs related to the City Projects will be paid by City. 4. In the event there are "Project Underruns" of the local share (as defined in the TriMet/ODOT IGA) that are returned from ODOT to TriMet, TriMet agrees to pay such underruns to the City. 2 II. GENERAL PROVISIONS 1. Each party has designated a project manager as its formal representative for purposes of this Project: Young Park Andrew Newbury TriMet City of Tigard 1800 SW 1St Avenue, Suite 300 13125 SW Hall Blvd Portland, OR 97201 Tigard, OR 97223 Phone: (503) 962-2138 Phone: (503) 718-2472 Email: parky@trimet.org Email: andrewn@tigard-or.gov The Project Managers are authorized to approve work and billings, to give notices, to execute amendments to this Agreement that do not increase the compensation, to terminate this Agreement and to carry out any other act referred to herein. Either party may designate a different project manager by giving written notification to the other party as provided in this paragraph. City shall appropriately authorize its officials to enter into and execute this Agreement. 2. Relationship of the Parties. Each of the parties hereto shall be deemed an independent contractor for purposes of this Agreement. No representative, agent, employee or contractor of one party shall be deemed to be an employee, agent or contractor of the other party for any purpose, except to the extent specifically provided herein. Nothing herein is intended, nor shall it be construed, to create between the parties any relationship of principal and agent, partnership, joint venture or any similar relationship, and each party hereby specifically disclaims any such relationship. 3. No Third-Party Beneficiary. Except as set forth herein, this Agreement is between the parties and creates no third-party beneficiaries. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to third-parties unless third-persons are expressly described as intended to be beneficiaries of its terms. 10. Compliance with Laws. The parties shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement. If a Party is not in compliance with any law, regulation, executive order or ordinance, it shall take immediate steps to gain compliance. 11. Insurance Requirements. The parties agree to each maintain insurance or self- insurance which meets the following requirements: 11.1 Comprehensive or Commercial General Liability Insurance covering bodily injury and property damage. This insurance shall include personal injury coverage; contractual liability coverage for the indemnity provided under this Agreement; and products/completed operations liability. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Each annual aggregate limit shall not be less than $2,000,000, when applicable. The liability coverage required for performance of the Agreement shall include both TriMet and City as additional insureds, to the extent allowed by law. The party obtaining such 3 insurance shall furnish the other party with a Certificate of Insurance for the limits set out above, which is to be in force and applicable to the Work. The insurance coverage shall not be amended, altered, modified, or canceled without at least thirty (30) days prior written notice to TriMet or City, as applicable. 11.2 Worker's Compensation. TriMet and City, and all employers working under this Agreement, are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide Workers' Compensation coverage for all their subject workers. Each party shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement, including but not limited to, retirement system contributions, Workers Compensation, unemployment taxes, and state and federal withholdings. 12. Indemnification. Within the limits of the Oregon Constitution and the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall hold harmless, indemnify and defend the other and its officers, directors, employees and agents from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent acts or omissions of the indemnitor, its officers, employees, or agents. 13. Effective and Termination Dates. This Agreement shall be effective upon date all required signatures are obtained and shall terminate upon completion of the City Projects by ODOT. 13.1 Early Termination of Agreement. 13.1.1 City and TriMet, by mutual written agreement, may terminate this Agreement at any time. If such early termination by the City results in money being owed to ODOT under the TriMet/ODOT IGA, City shall pay such amounts to ODOT within 30 days of demand by ODOT or TriMet. 13.1.2 Either City or TriMet may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give the other party written notice of the breach and of the party's intent to terminate. If the breaching party has not entirely cured the breach within thirty days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination. If such early termination results from a breach by the City, and results in money being owed to ODOT under the TriMet/ODOT IGA, City shall pay such amounts to ODOT within 30 days of demand by ODOT or TriMet. 14. Remedies. The remedies provided under this Agreement shall not be exclusive. The parties also shall be entitled to any other equitable and legal remedies that are available. 15. Oregon Law, Dispute Resolution and Forum. This Agreement shall be construed according to the laws of the State of Oregon. TriMet and City shall negotiate in good faith to resolve any dispute arising out of this Agreement. If the parties are unable to resolve any dispute within fourteen calendar days, the parties are free to pursue any legal remedies that may be available. Any litigation between City and TriMet arising under this Agreement or out of work performed under this Agreement shall occur, if in the 4 state courts, in the Multnomah City Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon located in Portland, Oregon. 16. Assignment. Neither TriMet nor City shall assign this Agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of the other. 17. Severability/Survivability. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the provision shall be stricken. All provisions concerning indemnity survive the termination of this Agreement for any cause. 18. Interpretation of Agreement. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. The Section headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 19. Entire Agreement; Modification; Waiver. This Agreement constitutes the entire Agreement between the parties on the subject matter hereof and supersede all prior or contemporaneous written or oral understandings, representations or communications of every kind. There are no understandings, Agreements, or representations, oral or written, not specified herein regarding this Agreement. No course of dealing between the parties and no usage of trade will be relevant to supplement any term used in this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver by a party of that or any other provision. 20. Inspection of Records. Each of the parties shall have the right to inspect, at any reasonable time, such records in the possession, custody or control of the other party as it deems necessary for review of the other party's obligations and its rights under this Agreement. The cost of such inspection shall be borne by the inspecting party. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement. TRI-MET METROPOLITAN CITY OF TIGARD, by TRANSPORTATION DISTRICT OF OREGON and through its elected officials By By Daniel Blocher, Executive Director Date Date By Auditor Date 5 APPROVED AS TO LEGAL APPROVED AS TO LEGAL SUFFICIENCY FOR TRIMET SUFFICIENCY FOR CITY By: By: Lance Erz, Deputy General Counsel City Attorney Date Date 6 Misc. Contracts and Agreements No.30684 DRAFT: February 12, 2016 NOTE: REVISIONS TO THIS AGREEMENT ARE ONLY ALLOWED IN YELLOW HIGHLIGHTED AREAS LOCAL AGENCY AGREEMENT MULTIMODAL TRANSPORTATION ENHANCE PROGRAM (MTEP) Project Name Barbur/OR-99W Corridor Safety & Access to Transit THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and TriMet, acting by and through its Board of Directors, hereinafter referred to as "Agency"; both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. OR 99W and a portion of SW Barbur Boulevard are a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). A portion of SW Barbur Boulevard (not part of the OR99W route system), SW Hooker Street, SW Lane Street, SW Naito Parkway; SW 19th Street and SW 53rd Avenue are all a part of the city street system under the jurisdiction and control of the City of Portland. SW Commercial Street, SW Naeve Street, and SW Durham Road are all a part of the city street system under the jurisdiction and control of the City of Tigard. SW Beef Bend Road, SW Cipole Road, and SW Bull Mountain Road are all a part of the county road system under the jurisdiction and control of Washington County. 3. Agency has agreed that ODOT will oversee this project on behalf of the Agency. NOW THEREFORE the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: DEFINITIONS 1. "Contract Award" means the issuance of a Notice to Proceed (NTP) to the construction contractor. 2. "Funding Ratio" means the relationship between MTEP funds and Total Project Cost and Other Funds. This ratio is established at the time the agreement is executed and does not change during the course of the project. The ratio governs the obligation of MTEP funds at the time of construction/consultant award or Project Closeout. 3. "Match" means the minimum amount State or Agency must contribute to match the federal aid funding portion of the project. 02-20-15 Key No. 18838 State/TriMet Agreement No. 30684 4. "MTEP" means Multimodal Transportation Enhance Program and may be funded by a combination of federal and state funds."Other Funds" means other funding required to complete the project including but not limited to state, federal, and agency funds. 5. "Other Funds" means other funding required to complete the project including but not limited to state, federal, and agency funds. 6. "Project Closeout" means project is ready to close as there are no more expenditures associated with project. 7. "Project Overruns" means the final cost estimate at Contract Award exceeds the estimated Total Project Cost estimate in this Agreement, or the final actual project costs exceed the final cost estimate at Contract Award. 8. "Project Underrun" means the final cost estimate at Contract Award is below the estimated Total Project Cost in this Agreement, or the final actual project costs are below the final cost estimate at Contract Award. Total Project Cost means the estimated amount as show in this Agreement. This amount will include MTEP funds, local matching funds, and other funds as required to complete project as stated in this Agreement. TERMS OF AGREEMENT 1. Under such authority, Agency and State agree to State delivering the "Barbur/OR-99W Corridor Safety & Access to Transit" project on behalf of Agency, hereinafter referred to as "Project" and as further defined below. The location of the Project is approximately as shown on the map attached hereto, marked "Exhibit A," and by this reference made a part hereof. 2. The Project Description and Deliverables are as follows: a. Description: Design, acquire right-of-way for, and construct modifications to improve safety, access to transit, and active transportation through improvements such as sidewalk infill, enhancing existing bus stops, and bus activated extended green time at multiple signals. b. Deliverables: • SW Barbur Blvd — City of Portland portion: o SW Hooker St— Design and construct sidewalk infill o SW Lane St and SW Naito Pkwy — Design and construct an enhanced pedestrian crossing at the intersection of Barbur Blvd and Lane/Naito Parkway • SW Barbur Blvd — ODOT portion: o SW 19th Ave — Design and construct sidewalk infill o SW 53rd Ave — Design and construct sidewalk infill, install shared bike/ped 2 State/TriMet Agreement No. 30684 facility, and include drainage, as appropriate • OR 99W : o SW Commercial St — Design and construct 800 feet of an 8-foot sidewalk along SW Commercial St under the highway structure between Main Street and SW Lincoln Avenue and install fence between railroad and pedestrians o SW Commercial St — Construct pedestrian path between SW Center Street and Commercial Street o SW Naeve St to SW Beef Bend Rd — Design and construct sidewalk infill on 99W northbound o SW Bull Mountain Rd (NB) — Design and construct sidewalk infill, excavate hillside, construct retaining wall, install bus shelter and pad, and address drainage, as appropriate o SW Bull Mountain Rd (SB) — Design and construct sidewalk infill, install bus pad and adjust guardrail o Transit Signal Priority — Add priority and operations treatments at intersections between 1-5 and Durham Rd (Signal priority at up to 16 locations, operations treatments at up to 6 locations) • Construct retaining walls and drainage improvements as appropriate 3. Both Parties agree that an amendment to this Agreement is required if any changes are made to the Project as described in Project Description and Deliverables above. 4. The Project shall be conducted as a part of the Multimodal Transportation Enhance Program (MTEP) with funds provided under Title 23, United States Code and may include a combination of federal and state funds. The Total Project Cost is estimated at $3,605,000, which is subject to change. MTEP federal and state funding for this Project shall be limited to $3,234,766. Agency shall be responsible for all remaining costs, including 10.27 percent match for all MTEP eligible costs, and any non-participating costs, and all costs in excess of the available federal or state funds. 5. The Funding Ratio for this Project is 89.73% of MTEP funds to 10.27% Agency funds and applies to Project Underruns. The Funding Ratio for this Project does not apply in the case of Project Overruns. 6. If, at the time of Contract Award or Project Closeout, the Project Underruns the estimated Total Project Cost in this Agreement, MTEP funding and Other Funds will be obligated proportionally based on the Funding Ratio. Any unused MTEP funds, will be retained by State, and will not be available for use by Agency for this Agreement or any other projects. 3 State/TriMet Agreement No. 30684 7. Project Overruns which occur at the time of Contract Award, and or at the time of Project Closeout are the responsibility of the Agency. 8. Project decisions regarding design standards, design exceptions, utility relocation expenses, right of way needs, preliminary engineering charges, construction engineering charges, and Contract Change Orders, as applicable shall be mutually agreed upon between the Agency and the State, as these decisions may impact the Total Project Cost. However, State may award a construction contract at ten (10) percent (%) over engineer's estimate without prior approval of Agency. 9. State will submit the requests for federal funding to Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval of each funding request by FHWA. Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. 10.State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 11.The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 12.This Agreement may be terminated by mutual written consent of both Parties. 13.State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 4 State/TriMet Agreement No. 30684 14a. Information required by 2 CFR 200.331(a), except for (xiii) Indirect cost rate, shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by ODOT to Agency with the Notice to Proceed. b. The indirect cost rate for this project at the time the agreement is written is zero percent. 15.Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 16.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 17.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to FHWA, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 18.State and Agency hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 19.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 20.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 21.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. In the event of conflict, the body of this Agreement and the attached Exhibits will control over Project application and documents provided by Agency to State. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties 5 State/TriMet Agreement No. 30684 and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 22. State Contact for this Agreement is Kelly Brooks, Interim Policy and Development Manager, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 23.Agency's Contact for this Project is Neil McFarlane, TriMet General Manager, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SIGNATURE PAGE TO FOLLOW 6 State/TriMet Agreement No. 30684 This Project is in the 2015-2018 Statewide Transportation Improvement Program (STIP), (Key #18838) that was adopted by the Oregon Transportation Commission on December 18, 2014. TRIMET, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By Highway Division Administrator Title Date Date APPROVAL RECOMMENDED By By Title Region 1 Enhance Program Mgr. Date Date By APPROVED AS TO LEGAL Region 1 Manager SUFFICIENCY Date By Agency Counsel APPROVED AS TO LEGAL Date SUFFICIENCY Agency Contact: By Neil McFarlane Assistant Attorney General 1800 SW 1st Avenue, Suite 300 Portland, OR 97201 Date 503.962.7505 administration@trimet.org State Contact: Kelly Brooks, Interim Policy and Development Manager 123 NW Flanders Street 503.731.3087 Kelly.BROOKS@odot.state.or.us 7 Misc. Contracts and Agreements No.30684 EXHIBIT A— Project Location Map ..„ ". 4-- ,-, , ..,,,, r. ' . - . ---Ft, - '''11 4 . i...s,..,..•.1 i., ,,..1:41,,v.- .,..,,,,Ir.,, ' . -r,N-1,-r)' ' ". • r s ' _ .7-,%.• '--,t..4 , .4. . ,...‘ . ' . 0 V ' VT )'` '4,,T._,0,4: 4 t- ' • .'4: - - LtRio` •-._ 2 IL 41r r . tr...:''- _, 14'• it.1.. ..„.,_/•• I ` %AA.... •,....r . -101; ,. . .,-tlf-• _ . ... .c. ri" '- ' P.I. ‘'.• '_-_,1`e0101131L - •' %) , '_ , ri-''•-•. - . mit N •; 4. - -.-. - . z6,_, ., , --.7,* 4 x •it,,,,tihr 44 -I • -' 14.4- '''i'''.5 -"Vir1-.- D -.•'. -. _., - . • ,, Sk ir .i,;-...--1 ..: , ..- • .johao•Hfs. 41 i I— 'irMarOlf 9 1.l'' 41) - .ri. '--.5='r AIL'+OF • ' 0 ef-," '."!' 4, , , , e .41 . . . ./.", - ,,.. 4) • . r i ,.. , " 1 liffir,- ., ,. .. • Af ".'-'' . •4 7t5i,N.-C )24.14.1;1-4V311- oR"t- L•1 0 IL , 4 • 1; j !t -4" • f 4 ., „ , . „ - I, . . .0. . 0 . „ . , . , . . - _ . •',0., i cg ; ..I . n•' It... r _ i , .0 , .,- . • , . 2 ,, e „pi - . -* ,4,,1 ,..4 : 4 - 4%WI = al .4. A. , . • .4 6, cl- pi,t, ' i .-,:.:Ni,:•. ,Liiv-P, fr!tel a ,-, , -,.„, Pr'., , ...i. ,'' - _ ,. 0 ' _ -14 i... TraT CIA).0 R P J. ...' i44 i $16' - ' UCT) ' ' ... " i • 1 • •,,, . IlijaittitirOo ,,,,,14:1-. _ i: ' ' , . . '7 r ,, ,IF,, lip *-, . A 47,toers- .1 - ,Itei .. of • . eLU a' • rj 1 ', . ,, • -ii 1 , - 4.• it " pIL- r •.•,.ii. .- -,.-,:.1" : 1 ipt 1. • . '4,, - -•'..i'" . , ' '4'''Ali !"• — ,.• -- • r • " * . < .1 -'4..* IP ir -,.J • Iii, _ -4-i- - ,' ca i_ , . i . .Q.-_,, )0., 4- a• .`,' - -JR -v ._ _ , 02-20-15 Key No. 18838 State/TriMet Agreement No. 30684 EXHIBIT B — MAINTENANCE RESPONSIBILITIES ON ODOT FACILITIES Barbur/OR-99W Safe Access to Transit Project TriMet is responsible for the ownership and maintenance of the following improvements installed and/or constructed within the project limits of the project. SW Hooker Street: Bus Stop Commercial Street: Fence and pedestrian path Bull Mountain Rd: Retaining wall, bus shelter, retaining pad Corridor-wide: Bus stop location improvements 9 State/TriMet Agreement No. 30684 ATTACHMENT NO. 1 to Agreement No. 30684 SPECIAL PROVISIONS 1. State, or State's consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, hydraulic studies, assist with acquisition of necessary right of way and easements; obtain all required permits and arrange for all utility relocations/adjustments. State or the consultant shall conduct all work components necessary to complete the Project. 2. Upon State's award of the construction contract, State, or State's consultant, shall be responsible for all required materials testing and quality documentation; and prepare necessary documentation with ODOT-qualified personnel, and State will make all contractor payments. Contract administration, construction engineering and inspection will follow the most current version of the ODOT Construction Manual and the ODOT Inspector's Manual. 3. Agency guarantees the availability of Agency funding in an amount required to fully fund Agency's share of the Project. 4. State will perform work throughout the duration of the Project and shall provide a preliminary estimate of State costs for this work. Prior to the start of each Project phase State shall provide an updated estimate of State costs for that phase. Such phases generally consist of Preliminary Engineering, Right of Way, Utility, and Construction. Agency understands that State's costs are estimates only and agrees to reimburse State for actual cost incurred per this Agreement. 5. State and Agency agree that the useful life of this Project is defined as (20 years). 6. Agency grants State the right to enter onto Agency property for the performance of duties as set forth in this Agreement. 7. Both Parties agree to enter into separate agreement(s) with the City of Portland, City of Tigard, and Washington County prior to construction of this Project for the purpose of obtaining permission from all agencies for State to perform the work on their facilities and to address any future maintenance of the Project improvements constructed on their facilities. Construction of this Project shall not proceed without full execution of said separate agreement(s). 8. If Agency fails to meet the requirements of this Agreement or the underlying federal regulations, State may withhold the Agency's proportional share of Highway Fund distribution necessary to reimburse State for costs incurred by such Agency breach. Agency will be ineligible to receive or apply for any Title 23, United States Code funds until State receives full reimbursement of the costs incurred. 10 State/TriMet Agreement No. 30684 9. Agency agrees to accept all maintenance responsibilities, at its own expense, for all bus stop improvements, including lighting, as listed in Exhibit B. Agency shall ensure that the power company for said lighting sets up its billing in Agency's name and will bill Agency for all costs at no expense to State. 10. Prior to commencement of construction, State and Agency shall review the locations of improvements to be constructed in the Project, and if further clarification of maintenance responsibilities is warranted, the Parties shall enter into a separate maintenance agreement 11 .To the extent permitted by Article XI, Section 7 and Section 10 of the Oregon Constitution and by the Oregon Tort Claims Act, Agency shall indemnify, within the limits of the Tort Claims Act, State against liability for damage to life or property arising from Agency's activities under this Agreement, provided that Agency will not be required to indemnity State for any such liability arising out of the wrongful acts of employees or agents of State. 11 Agency/State Agreement No. 30684 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. State or its consultant, with Agency involvement shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. 3. State will provide or secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. A State-approved consultant may be used to perform preliminary engineering, right of way and construction engineering services. PROJECT FUNDING REQUEST 4. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including a) Program Development (Planning), b) Preliminary Engineering (National Environmental Policy Act- NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA's approval of each funding request will be considered nonparticipating and paid for at Agency expense. State, the consultant or Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 5. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project Agreement). Agency must obtain written approval from State to use in-kind STDPRO-2015.doc Rev. 04-28-2014 12 Agency/State Agreement No. 30684 contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using criteria 2 CFR 200.330. 6. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State. 7. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties. 8. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent to State's Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. 9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. STDPRO-2015.doc Rev. 04-28-2014 13 Agency/State Agreement No. 30684 10. Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR Parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program. 11. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 12.Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State's Liaison prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction b) last payment for right of way acquisition and c) contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five (45) days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six (6) years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (2 CFR 200.333(c). 13. Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State STD P RO-2015.doc Rev. 04-28-2014 14 Agency/State Agreement No. 30684 will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized. Agency may submit a written request to State's Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. 14. State shall, on behalf of Agency, maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications. 15. State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. STANDARDS 16. Agency and State agree that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS) and projects on the non- NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). State or the consultant shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. State or the consultant may use AASHTO for vertical clearance requirements on Agency's jurisdictional roadways or streets. 17. Agency agrees that if the Project is on the Oregon State Highway System or State-owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide. 18. State and Agency agree that for all projects on the Oregon State Highway System or State- owned facility any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. State and Agency further agrees that for all projects on the NHS, regardless of funding source; any STDPRO-2015.doc Rev. 04-28-2014 15 Agency/State Agreement No. 30684 design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval. 19. Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. State or the consultant shall, on behalf of Agency, obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430. 20. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. PRELIMINARY & CONSTRUCTION ENGINEERING 21. Preliminary engineering and construction engineering may be performed by either a) State, b) State-approved consultant, or c) certified agency. Engineering work will be monitored by State or certified agency to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either a) State, b) State- approved consultant or c) certified agency. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State shall, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 22. Agency may request State's two-tiered consultant selection process as allowed by OAR 137- 048-0260 to perform architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects. Use of the State's processes is required to ensure federal reimbursement. State will award and execute the contracts. State's personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048-0220(4) and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the consultant prior to receiving authorization from State to proceed. 23. The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 24. State or certified agency shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts. STDPRO-2015.doc Rev. 04-28-2014 16 Agency/State Agreement No. 30684 25. Upon State's or certified agency's award of a construction contract, State or certified agency shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State's Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 26. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). State's liaison shall process reimbursement for federal participation costs. REQUIRED STATEMENT FOR United States Department of Transportation (USDOT) FINANCIAL ASSISTANCE AGREEMENT 27. By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State's DBE Program Plan, available at http://www.oreoon.gov/ODOT/CS/CIVILRIGHTS/pages/sbe/dbe/dbe prooram.aspx#plan. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). Disadvantaged Business Enterprises (DBE) Obligations 28. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b))." 29. State and Agency agree to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 30. The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work STDPRO-2015.doc Rev. 04-28-2014 17 Agency/State Agreement No. 30684 including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; , 2 CFR 1201; Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants Manual& Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference. RIGHT OF WAY 31. State and the consultant, if any, agree that right of way activities shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations. 32. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. State or the consultant may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project in accordance with the ODOT Right of Way Manual, and with the prior approval from State's Region Right of Way office. 33. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State's Liaison, who will forward the request to State's Region Right of Way office on all projects. State or the consultant must receive written authorization to proceed from State's Right of Way Section prior to beginning right of way activities. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). State's Liaison shall contact State's Region Right of Way office for additional information or clarification on behalf of Agency. 34. Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 35. State or the consultant shall ensure that all project right of way monumentation will be conducted in conformance with ORS 209.155. STDPRO-2015.doc Rev. 04-28-2014 18 Agency/State Agreement No. 30684 36. State and Agency grants each other authority to enter onto the other's right of way for the performance of non-construction activities such as surveying and inspection of the Project. RAILROADS 37. State or Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State's Liaison, who will contact State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency may request State, in writing and, at Project expense, to provide railroad coordination and negotiations through the State's Utility & Railroad Liaison on behalf of Agency. However, State is under no obligation to agree to perform said duties. UTILITIES 38. State, the consultant, or Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. State, the consultant or Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility & Railroad Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State. GRADE CHANGE LIABILITY 39. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 40. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 41. Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement. MAINTENANCE RESPONSIBILITIES 42. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of STDPRO-2015.doc Rev. 04-28-2014 19 Agency/State Agreement No. 30684 the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway. CONTRIBUTION 43. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 44. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 45. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. ALTERNATIVE DISPUTE RESOLUTION 46. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. STDPRO-2015.doc Rev. 04-28-2014 20 Agency/State Agreement No. 30684 WORKERS' COMPENSATION COVERAGE 47.All employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. State and Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions 48. Agency certifies by signing the Project Agreement that: a) 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 any federal 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. b) 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 federal 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. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. d) 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 Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. STDPRO-2015.doc Rev. 04-28-2014 21 , • ...,.;., , - _ . . , ,_246-A.---- ,. ,;.,. .. - ii,,,-.. A. ‘, .,-,s+ tv • _ - . - --'•-•,,,,, -,,, , - , 5..:, k. • • • It . s , , , ,.. ,--..t, ' _ _.,,ii: , - % ,' • t 44 1 .',101.'" • „ ,t•-,' • ' 444111,,, ii., wtle,,,,,,,y 4 , „ 0IS , ..# , 4, •_ ,/ •„ ,. 4- ..10 -,... k #" 3 ,.ils V.- . , _-',. ,t/ 4 '' .14 . " • "..'" — ".4'... Ar40, :7 i' , 1 °47."4,744V• "`.., ''';', ' .---, 17* --"*-- % ,,! 4--'`.., 's , " ,N4 .-iir,?-•'' e,._ *1 47.; ' '''' "''4": ''' — '''' , .4/6, '•ZI , ''''' '---""--,.'`oef,,, e ---..' ' G /4--... , -4t 441 • „ .,I.,A,5,' .. ' •01`-' ,, , ... 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BEND R I i f _411,„,.. it. . „,,, , ....- ._ ,...,-T'a A' • s' ir `ti - o Y, • MI 99W NB Sidewalk Fill - ` �f' .L. , OP Beef Bend Rd to Naeve St. ‘SI - - - . ‘,10- , --- . r • 6� 1 - s" Iy4 '. ' d -#4'41 F 7. tg.l �..- r S u i. K7 a d �� a . a-._,_ 'r 4„ - � li i AIS-2741 3. E. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): Consent Item Agenda Title: CONSIDER RESOLUTION SETTING ANNUAL STIPEND FOR MAYOR AND COUNCIL Submitted By: Toby LaFrance,Finance and Information Services Item Type: Resolution Meeting Type: Consent Agenda 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 15-26? 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 meetings the Budget Committee discussed and approved the Proposed Budget. The budget approved by the Budget Committee on May 9,2016 includes a stipend increase for Mayor and Council of 0.7% commensurate with non-represented staff COLA, and maintains 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 &25 and May 2 & 9,2016 during Budget Committee public hearings. Fiscal Impact Cost: $481 Budgeted (yes or no): Yes Where Budgeted (department/program): City Council Additional Fiscal Notes: The 0.7% Cost of Living Increase for Council will raise the annual stipend for the four Councilors by$41 each from$5,880 to $5,921. The Mayor will have an annual increase of$317 from$45,285 to $45,602. As outlined in the resolution,the Mayor receives a larger stipend for the additional duties performed as Mayor. The total annual cost of the increases for Mayor and Council is $481. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION ESTABLISHING MAYOR AND COUNCIL COMPENSATION WHICH SUPERSEDES RESOLUTION NO 15-26. 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 was approved by the Budget Committee in a public meeting on May 9,2016,including pay increases;and WHEREAS, except where contracts are currently being negotiated, city staff will receive a cost of living adjustment of 0.7%in FY 2017;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 Mayor,shall be$5,921. SECTION 2: The annual stipend for the Mayor shall be$45,602. 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. 16- 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 1,2016. PASSED: This day of 2016. Mayor-City of Tigard A'r FEST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 2 AIS-2743 3. F. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION OF APPRECIATION FOR TIGARD HIGH SCHOOL ENVOY SHAINA AZBARI Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution _Main Public Hearing: No Publication Date: Information ISSUE Shall council approve a resolution acknowledging and commending Shaina Azbari for her service as Tigard High School Envoy to the City of Tigard? STAFF RECOMMENDATION / ACTION REQUEST Motion to approve resolution. KEY FACTS AND INFORMATION SUMMARY Associated Student Body President Shaina Azbari has performed as the Tigard High School Student Envoy to the City Council by attending Council meetings and reporting on school activities and milestones. Her monthly communications have kept the City Council aware of youth activities and achievements and informed them of the compassion and interest Tigard High students have and their desire to help others through fundraisers. At the end of the school year Council traditionally presents the envoy with a resolution recognizing their accomplishments as liaison to the Tigard City Council. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION ACKNOWLEDGING AND COMMENDING SHAINA AZBARI FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD WHEREAS,the Tigard City Council desires to connect with students in schools to improve communications and relationships;and WHEREAS,City of Tigard elected officials appreciated the monthly student activity updates from Tigard High School Envoy Shaina Azbari;and WHEREAS, the activities coordinated by Tigard High Associated Student Body President Shaina Azbari and her fellow student leaders benefitted students and the Tigard community. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard Council and staff members hereby convey their gratitude to Shaina Azbari for her exemplary service as Tigard High School Student Envoy to the City of Tigard. SECTION 2: The City of Tigard Council and staff members hereby extend congratulations and wishes for future health and success to Shaina Azbari. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard A rIEST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 AIS-2523 4. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 10 Minutes Agenda Title: DISCUSSION OF UPCOMING CONTRACTS AND PURCHASES Prepared For: Joseph Barrett Submitted By: Carol Krager, Central Services Item Type: Meeting Type: Council Business Meeting- Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE A discussion of an upcoming proposed purchase of new police vehicles and proposed contract for water quality testing services. STAFF RECOMMENDATION / ACTION REQUEST Staff is seeking Council direction on any additional information or direction they would like to see in preparation of an award decision for the proposed purchase and contract. KEY FACTS AND INFORMATION SUMMARY Police Vehicles Every year,the Police Department (PD) reviews its vehicle inventory with Fleet. In order to maintain vehicles efficiently and economically,each vehicle type is evaluated based on a set of criteria: mileage,lifecycle replacement year,and maintenance costs inception to date. For patrol vehicles, this is 75,000 miles and four years of service and for detective vehicles this is 75,000 and six years of service. In both cases operation and maintenance costs are taken into consideration as well. As part of the Police Department's FY 2016-17 approved base budget,Police intends to purchase six (6) vehicles. Three (3) Ford Crown Victorias (2009 (1) and 2010 (2) models) in the patrol fleet and one (1) 2011 Chevy Tahoe will be replaced with 2017 Police Interceptor Ford Explorers. PD will also replace one (1) service vehicle,a 2007 Chevy Blazer. Service vehicles are unmarked and purposefully not all the same make and model. This allows them to be used in an undercover or covert capacity in a way that marked patrol car cannot. In collaboration with Fleet, the PD has been in the process over the past several budget cycles to standardize the patrol fleet by shifting entirely to Ford Explorers. There are economies of scale in terms of initial outfitting, as well as ongoing operations and maintenance by shifting to a more uniform patrol fleet. The Ford Explorer has worked well in this capacity as it allows officers to navigate more safely in all types of weather and has greater space for guns and other police equipment. Ingress and egress is much easier for officers which reduces lower back injuries and increases officer safety. In addition,the PD will expand its patrol fleet by one (1) Ford Explorer. That is,one vehicle will be purchased without replacing an older vehicle. The expansion was originally planned to alleviate wear and tear on the existing patrol fleet as many vehicles are currently driven seven days a week. The additional vehicle will also help to accommodate the three (3) new patrol officers that have been identified in the FY 2016-17 Approved Budget process. The patrol fleet will be evaluated again next year where it is anticipated that at least one more inventory expansion will be needed next year to fully accommodate staff expansion. As with the majority of the vehicles in the city's fleet, these vehicles will be purchased through an existing State of Oregon contract with Landmark Ford that is open to a permissive cooperative purchases. This manner of purchase assures the city receives competitive pricing via bulk volume and saves the city the cost and time of preparing a formal solicitation that would likely lead to higher pricing. The estimated cost of the vehicles is $151,260 for the five Ford Explorers ($30,252/each) and an estimated $30,000 for the yet to be identified vehicle to replace the service Chevy Blazer. The total cost for the purchase of the vehicles is anticipated to be$181,260. Water Quality Testing Services The city has the need for a contractor to provide analytical services related to water giiality testing. The Contractor will provide specified laboratory services within the appropriate or required turnaround times. The Contractor shall assure the accuracy and precision of laboratory results related to the work performed. The major tasks of this work shall be as follows: 1.Analysis in accordance with the Oregon Environmental Laboratory Accreditation Program 2.Reporting within six calendar days of sample collection. The city issued a Request for Proposal for the work in late April 2016. Upon closing, the city received proposals from three firms. The firms,and their scores from the evaluation team(out of 300) are as follows: •Alexin Analytical (290) •Eurofins Eaton Analytical(281) •ALS Analytical(245) As Alexin Analytical was determined to best meet the current needs of the city for this project,staff will be recommending Alexin receive the contract award from the Local Contract Review Board. Alexin has been the city's contractor for this work under the previous contract as well. The contract will be for an estimated $45,000 each year for possibly five years. The total cost is not anticipated to exceed $225,000 over the life of the contract. Staff is seeking any addition information the Local Contract Review Board may like to see in advance of the contract award presentations for these projects. Staff also asks that the Local Contract Review Board consider the future award action on the consent agenda to free up meeting space and time if no further information is requested.? OTHER ALTERNATIVES COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has seen the proposed purchase for vehicles or contract for water quality testing services. Fiscal Impact Cost: See Below Budgeted (yes or no): Yes Where Budgeted (department/program): Multiple Additional Fiscal Notes: The anticipated cost of the purchase of the police vehicles is $181,260 and funds are appropriated in the the Police approved FY 2017 budget. The anticipated total cost of the water quality testing services contract is $225,000 over the potential life of the contract and is annually included in the Water Operations budget. Attachments No file(s)attached AIS-2736 5. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 15 Minutes Agenda Title: Informational Public Hearing: LCRB Consideration of Public Contracting Exemption for the Civic Center Visioning Study Project Prepared For: Joseph Barrett Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Public Hearing- Informational Business Meeting- Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication 05/27/2016 Date in Newspaper: Information ISSUE Shall the Local Contract Review Board grant an exemption from the formal competitive process under Public Contracting Rule 10.110 (Individual Exemptions) for a contract with MWA Architects for the Civic Center Visioning Study project. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board approve the exemption based on the findings below and direct staff to enter into a direct appointment-let contract for the work with MWA Architects. KEY FACTS AND INFORMATION SUMMARY The city needs a consultant team to study alternatives for growth,projected use of and placement of a City-owned Civic Center. The city owns and is a tenant on many properties, some adequate for their use, others inadequate in size or location for their function and operations. This work will be used to determine what services and staff will be located on the proposed Civic Center site. The scope also includes studying the potential inclusion of a future recreation center and performing arts center. The planning process is intended to be comprehensive and lead to adoption of a Civic Center Visioning Plan that will provide the framework for a 2017 bond measure. The plan will also inform facilities planning for 20 years. The final report will incorporate cost estimates,including associated infrastructure, for recommended future Civic Center facilities. Work tasks under the proposed contract include: •Review and confirm existing data/reports •Recommendations to maximize city functions on the proposed Civic Center site,given projected patterns of growth,best practices and anticipated changes in the way cities deliver services. Supportive information for a preferred alternative will include research,best practices precedents from other/like cities, survey feedback from existing residents and financial data to support findings and recommendations •Engage City staff for input on needs,standards,and priorities •Service Analysis: The city is looking to the selected consultant to research trends and anticipated changes in delivery of services related to future growth, citizen expectations,and technological advances •Incorporate issues identified with the Building Conditions Assessment (done under separate contract with Facilities) into the proposal. These will include long-term operational risks of maintaining City-owned facilities at their current locations (e.g. building deficiencies,hazards, seismic analysis, O&M, life cycle costs,accessibility, need and potential for expansion or renovation) •Identify any natural or man-made hazards of siting the proposed Civic Center facilities at the current town hall location. (e.g. floodplain, seismic/liquefiable soils,hazardous material storage, steep Slope/landslide,wild land fire, security risks •Identify strategies that will maximize the continuity of operations for City-owned facilities. (e.g. relocate outside of hazard areas, seismic retrofit, backup power,risk mitigation measures) •Include opportunities for purchase of adjacent properties •Provide phasing opportunities for city staff based on the findings of the visioning plan. Include opportunities for Urban Renewal efforts with small business owners •Develop and implement a stakeholder engagement plan during the planning process (expand to include check-ins,drafts and interaction with internal city stakeholder committee and citizens) •Once a preferred path forward is identified,assist with a public relations strategy for the city to achieve public support of a major bond measure •Presentation of proposed plan to City Council Under Tigard's Public Contracting Rule (PCR) 10.110, the Local Contract Review Board may exempt particular contracts, either by class or on an individual basis, from formal competitive process requirements. Due to the nature of this project and the lack of a successful proposer generated under a previous Qualification-based Request for Proposal, staff is seeking an exemption be declared for this particular contract to keep the work moving. The following are key facts regarding the proposed project and the exemption declaration as required under PCR 10.110: •Prosect Name: Civic Center Visioning Project(CIP #91020 - Citywide Facilities Plan) •Budget: FY 16 Adopted = $300,000 ($295,000 for design and engineering,$5,000 for internal project management). The city's Proposed FY 17 budget, as approved by Budget Committee,increases this amount to $350,000 with a split of$300,000 for design and engineering and $50,000 for internal project management,with the majority of work to occur in FYI 7. •Previous Formal Competitive Process Efforts for the Project: A formal Qualification-based Request for Proposals (QBS) was issued in January of this year. A well attended pre-proposal meeting was held and staff fielded a multitude of questions from interested firms as well as provided additional information on the project. Upon closing however, the city only received one proposal and that was deemed non-responsive as the approach was significantly different than the preferred city approach. The city heard from a number of consultants that were expected to submit proposals that the nature of this project did not lead well to a formal QBS approach but rather a direct, team-building approach was the more traditional approach. Time and the accelerated schedule also provided issue for a few of the consultants. •Proposed Alternative Contracting Practice to be Employed: Under an exemption from a formal competitive process staff will contract directly with an architectural firm to "build a team" of consultants to best deliver this project to the city. This is along the lines of what we hear from a number of the prospective consultants as a traditional approach to such work. •Cost Savings Anticipated from Exemption: Staff anticipated cost savings under this approach not only from not running a full QBS process a second time but also from eliminating the possibility that such a process may once again lead to no contract. Time is of the extreme essence for this for this work. If the city is to have any chance of a November 2017 ballot for a facilities bond, the information must be finalized before next spring. Entering into a contract under the exemption declaration will provide the stabilization for a contract to be generated with just enough time to complete the work. If a QBS was carried out and no consultant selected, the city would have little to no chance of meeting the required timeframe. •Estimated Contract Execution Date: If the exemption is granted on June 14,2016, staff anticipates a contract for the work will be executed no later than June 20,2016. Under the exemption, the city would enter into a direct appointment-let agreement with MWA Architects for the project. MWA Architects is a collaborative design practice with a firmly held belief that innovative design is inherently sustainable and enriches the community. Since the firm's founding in 1988,MWA Architects has gained a national reputation for integrating urban design and community participation into public facility, housing,and community revitalization projects. With more than 25 years of experience working with neighborhood groups,public agencies and not-for-profit clients,MWA understands that we are not just providing a built environment,but creating livable communities which reflect the specific values and concerns of those living and working in them. Jeff McGraw will be leading the team of professionals in working with the city in visioning a new Civic Center at the Hall Boulevard site. Mr. McGraw will identify and hire key team members to provide input as it relates to programming needs, environmental and land use concerns,transportation needs,and public involvement. He will also be overseeing the hiring and work of a secondary consulting team that will help inform the basis of design. These team members will include mechanical,electrical, structural and civil engineers,cost consultant,sports and parking consultants,among others as needed. The external consulting budget for this work is $300,000 and the contract will be at or below this figure. OTHER ALTERNATIVES The Local Contract Review Board may reject the declaration of an exemption for this project and direct staff to issue a formal QBS solicitation for the work. Staff advises the Local Contract Review Board however that such a process would result in failure to meeting a possible November 2017 ballot. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION The Local Contract Review Board discussed this exemption request and proposed contract at their June 7, 2016 meeting. Fiscal Impact Cost: $300,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Facilities Capital Fund Additional Fiscal Notes: FY 16 Adopted = $300,000 ($295,000 for design and engineering,$5,000 for internal project management). The city's Proposed FY 17 budget,as approved by Budget Committee,increases this amount to $350,000 with a split of$300,000 for design and engineering and $50,000 for internal project management,with the majority of work to occur in FY17. Attachments Resolution LOCAL CONTRACT REVIEW BOARD CITY OF TIGARD, OREGON RESOLUTION NO. 16- A RESOLUTION GRANTING AN INDIVIDUAL EXEMPTION FROM THE COMPETITIVE SCREENING& SELECTION PROCESS FOR ARCHITECTURAL SERVICES ON THE CIVIC CENTER VISIONING PROJECT. WHEREAS, on the city has the need for specific architectural services to assist in the development of a civic center visioning study;and WHEREAS, staff conducted a formal Qualification-based Request for Proposal for the needed services in January 2016;and WHEREAS, the city received no responsible or viable response to the formal Qualification-based Request for Proposal; and WHEREAS, issuing a second formal process and the schedule it entails could have a significantly negative impact on future possible actions of the city, including jeopardizing a possible November 2017 ballot for a general obligation bond; and WHEREAS, MWA Architects has demonstrated the capabilities needed by the City, the ability to meet the required timeframes, and the ability to assemble and lead a skilled team of consultants for the work; and WHEREAS, the City and MWA Architects have reached a proposed scope of work and estimated dollar amount for a proposed contract; and WHEREAS; the issuance of contract at the dollar level of this proposed contract by direct appointment requires an exemption from the city's competitive screening & selection process as allowed under Public Contracting Rule 10.110; NOW,THEREFORE,BE IT RESOLVED by the Local Contract Review Board that: SECTION 1: An individual exemption to the competitive screening and selection process is granted under Public Contracting Rule 10.110 allowing for an amendment to the contract between the city and MWA Architects for services on the Civic Center Visioning project. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2016. Local Contract Review Board Chair—City of Tigard ATTEST: City Recorder—City of Tigard RESOLUTION NO. 16- AGENDA ITEM No. 5 Date: June 14, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LCRB CONSIDERATION OF PUBLIC CONTRACTING EXEMPTION FOR THE CIVIC CENTER VISIONING STUDY PROJECT Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: June 14, 2016 PLEASE PRINT Proponent- (Speaking In Favor) Opponent- (Speaking Against) Neutral Name, Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. r \, r \\ 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-2667 6. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 15 Minutes Agenda Title: LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDING TMC CHAPTER 3.24 SYSTEM DEVELOPMENT CHARGE PROGRAM Prepared For: Toby LaFrance,Finance and Information Services Submitted By: Cara Fitzpatrick,Finance and Information Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing-Legislative Receive and File Public Hearing: Yes Publication Date: Information ISSUE Approve amendments to Tigard Municipal Code (TMC) Chapter 3.24, System Development Charge Program, and Ordinances 15-08 and 15-09 to clarify and improve administration of system development charges. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of a discrete package of code amendments to TMC Chapter 3.24 per the attached Ordinance. KEY FACTS AND INFORMATION SUMMARY On 4/28/2015,through Ordinance 15-08, Council adopted TMC Chapter 3.24 code amendments,a citywide Transportation System Development Charge (SDC),and a related SDC Methodology Report that provided the foundation for the charge. On 05/19/2015, through Ordinance 15-09, Council adopted a Parks SDC and a related SDC Methodology Report that provided the foundation for the charge.To assist with the implementation of these and other city SDCs,an SDC Administrative Procedures Guide was adopted April 2015 through Resolution 15-15. In the course of administering the newly adopted SDCs and their implementing documents consistent with council policy direction, staff noted inconsistencies and procedural gaps among the various documents. To address these issues,management created an interdepartmental SDC workgroup with representatives from Finance and Information Systems,Public Works,Community Development and the City Attorney's Office with the goal of refining and clarifying the existing adopted documents. The following code amendments are recommended by the SDC workgroup to address specific and time sensitive development issues for parks and streets in River Terrace and multi-family development citywide. Proposed amendments to TMC Chapter 3.24 (adopted via Ordinance 15-08) are summarized below. The complete proposed text amendments are attached. Items 1 and 2 below were previously discussed and approved by Council in connection with Ordinances 15-08 and 15-09. 1. Allow issuance of Parks SDC credits in River Terrace for construction of new neighborhood parks that were not required as a condition of development approval and that meet the city's level of service standard. This change is proposed to be retroactive to January 1,2016. 2.Allow issuance of Transportation SDC credits for 50% of the local street portion of River Terrace Blvd. This would be in addition to the credits allowed for the non-local street portion. 3.Allow for deferral of payment until occupancy for Transportation System Development Charge (TSDC) on multi-family development. This ensures consistent administration of the city's TSDC and the county's Transportation Development Tax (MT). Upon Council's approval of the proposed amendments to TMC Chapter 3.24, the SDC workgroup will make the corresponding changes to the SDC Administrative Procedures Guide with the City Manager's approval. OTHER ALTERNATIVES Council may choose to edit or not adopt the proposed code amendments. Council may also request additional information from staff prior to adoption.This would delay implementation of a consistent approach to SDC administration. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Park System Master Plan Trail System Master Plan Transportation System Plan River Terrace Funding Strategy Tigard Municipal Code Chapter 3.24 DATES OF PREVIOUS COUNCIL CONSIDERATION Council discussed the proposed code amendments on May 17,2016. Council approved documents relating to system development charges on: 04/28/2015 - Ordinance 15-08,Resolution 15-15 05/19/2015 - Ordinance 15-09 Attachments SDC Code Amendments CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING CREDITS FOR AND PAYMENT OF SYSTEM DEVELOPMENT CHARGES WHEREAS, through Ordinance 15-08, the City Council adopted revisions to Tigard Municipal Code Chapter 3.24 and a Transportation System Development Charge (SDC);and WHEREAS,through Ordinance 15-09,the City Council adopted a Parks SDC;and WHEREAS, in the implementation of the Transportation and Parks SDCs, it became necessary to amend and clarify certain provisions related to the availability of SDC credits for River Terrace neighborhood parks and River Terrace Boulevard, and deferral of Transportation SDC payments for multi-family developments citywide. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 3.24 of the Tigard Municipal Code is hereby amended, as provided in Exhibit A. SECTION 2: This ordinance shall be effective 30 days after passage by the Council. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. PASSED: By vote of all council members present after being read by number and tide only,this day of ,2016. Carol A. Krager,City Recorder Ordinance No. 50014-36799 SDC Code Amendment Ordinance F1NAL.docxLSS/5/24•'2016 APPROVED: By Tigard City Council this day of ,2016. John L. Cook,Mayor Approved as to form: City Attorney Date Ordinance No. 50014-36799 SDC Code Amendment Ordinance FlNALdocx1SS'5/24/2016 TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments (Underline/Strikeout Version) Amendment#1 3.24.120 Credits G. In calculating improvement fee credits for the River Terrace Overlay portion of the city's park SDC only, an improvement fee credit shall be given as follows: 1. For the cost of a bonded or completed qualified public improvement, pursuant to Section 3.24.120.B. 2. Notwithstanding Section 3.24.120.6.1,for a neighborhood park that is accepted by the city; shown in the River Terrace Park System Master Plan;and determined to meet the city's minimum level of service standards and design guidelines as described in the Tigard Park System Master Plan, regardless of whether the park was imposed as a condition of development approval. The credit shall include both the costs of meeting and exceeding the city's minimum standards to the extent needed to serve the applicant's new development. The amount of the credit shall be limited to the actual reasonable costs approved by the city based upon the location of the park, level of service,park features, and consistency with the city's adopted Park System Master Plans. H. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the city. I. Section 3.24.120.G shall apply to parks completed after January 1, 2016. J. A credit issued under 3.24.120.Gmay be applied only to the River Terrace Overlay SDC, is not a credit against the citywide park SDC, and is not transferable to properties outside of the River Terrace Community Plan area. Amendment#2 3.24.120 Credits K. In addition to Section 3.24.120.B.1,the cost of constructing River Terrace Boulevard is 50%credit eligible for city-approved local street elements and 100%credit eligible for city-approved over- capacity street elements. TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments (Underline/Strikeout Version) Amendment#3 3.24.090 Collection of Charge C. The administrator shall collect the applicable SDC from the permittee.The administrator shall not issue such permit or allow such connection until the charge has been paid in full;;deferral has been approved pursuant to Section 3.24.090.D;ole45-an exemption is has been granted pursuant to Section 3.24.11071 or unless provision for installment payments has been made, pursuant to Section 3.24.100,which follows. D. Notwithstanding subsection A of this section,the permittee may apply for a deferral of payment of the transportation SDC to occupancy. Deferral may only be granted in cases where the amount due exceeds the amount of transportation SDC on a single family detached residence. The request must be made in writing to the Administrator no later than the time of application for a building permit. The Administrator shall grant deferral of the transportation SDC; however,any deferred charge shall be paid in full prior to the issuance of an occupancy permit. The amount of transportation SDC due on deferred obligations shall be the amount in effect at the time of issuance of the occupancy permit. TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments (Clean Version) Amendment#1 3.24.120 Credits G. In calculating improvement fee credits for the River Terrace Overlay portion of the city's park SDC only, an improvement fee credit shall be given as follows: 1. For the cost of a bonded or completed qualified public improvement, pursuant to Section 3.24.120.B. 2. Notwithstanding Section 3.24.120.B.1,for a neighborhood park that is accepted by the city; shown in the River Terrace Park System Master Plan;and determined to meet the city's minimum level of service standards and design guidelines as described in the Tigard Park System Master Plan, regardless of whether the park was imposed as a condition of development approval. The credit shall include both the costs of meeting and exceeding the city's minimum standards to the extent needed to serve the applicant's new development. The amount of the credit shall be limited to the actual reasonable costs approved by the city based upon the location of the park, level of service, park features, and consistency with the city's adopted Park System Master Plans. H. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the city. I. Section 3.24.120.G shall apply to parks completed after January 1, 2016. J. A credit issued under 3.24.120.G may be applied only to the River Terrace Overlay SDC, is not a credit against the citywide park SDC,and is not transferable to properties outside of the River Terrace Community Plan area. Amendment#2 3.24.120 Credits K. In addition to Section 3.24.120.B.1,the cost of constructing River Terrace Boulevard is 50%credit eligible for city-approved local street elements and 100%credit eligible for city-approved over- capacity street elements. TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments (Clean Version) Amendment#3 3.24.090 Collection of Charge C. The administrator shall collect the applicable SDC from the permittee.The administrator shall not issue such permit or allow such connection until the charge has been paid in full; deferral has been approved pursuant to Section 3.24.090.D; exemption has been granted pursuant to Section 3.24.110;or unless provision for installment payments has been made, pursuant to Section 3.24.100,which follows. D. Notwithstanding subsection A of this section,the permittee may apply for a deferral of payment of the transportation SDC to occupancy. Deferral may only be granted in cases where the amount due exceeds the amount of transportation SDC on a single family detached residence. The request must be made in writing to the Administrator no later than the time of application for a building permit. The Administrator shall grant deferral of the transportation SDC; however, any deferred charge shall be paid in full prior to the issuance of an occupancy permit. The amount of transportation SDC due on deferred obligations shall be the amount in effect at the time of issuance of the occupancy permit. • AGENDA ITEM No. 6 Date: June 14, 2016 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing - CONSIDER AMENDING TMC CHAPTER 3.24 SYSTEM DEVELOPMENT CHARGE PROGRAM This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony • } AGENDA ITEM No. 6 Date: June 14, 2016 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent- (Speaking In Favor) Opponent- (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. AIS-2584 7. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 10 Minutes Agenda Title: INFORMATIONAL PUBLIC HEARING:ADOPT THE CCDA FY 2017 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES Prepared For: Toby LaFrance Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Public Hearing- Informational Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication 06/02/2016 Date in Newspaper: Information ISSUE Oregon local budget law requires that a budget for the following fiscal year FY 2017 be adopted by the City Center Development Agency Board of Directors prior to July 1,2016 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 2016-2017 budget as approved by the Budget Committee on May 2, 2016,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 2,2015.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 20165-20176 City Center Development Agency Approved Budget is $2,023,000,including appropriations of$2,003,000 with the remaining$20,000 comprising the agency's reserve for future expenditures. In addition, Staff is recommending one technical adjustment to the CCDA Budget. This adjustment will not impact the total budget,but will clarify which portions of the budget are for capital and which are programmatic in nature by moving some of the budget to the Community Development Program within the Urban Renewal Capital Improvements Fund. The recommended change is attached as Exhibit B. OTHER ALTERNATIVES By Oregon law,the FY 2016-2017 budget must be adopted by the City Center Development Agency Board of Directors prior by July 1,2016. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The CCDA Budget Committee approved the FY 2016-17 Budget in a public meeting on May 2,2016. Attachments CCDA Budget Resolution Exhibit A-CCDA Schedule of Appropriations Exhibit B-CCDA Technical Adjustment CITY OF TIGARD, OREGON CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 16- A RESOLUTION ADOPTING THE FISCAL YEAR 2016-2017 BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES. WHEREAS, four hearings by the City Center Development Agency Budget Committee on the budget document, as proposed by the City Manager, were duly called and held on April 20, 2016 and May 2, 2016 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 1,2016 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 2, 2016, 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 14, 2016,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 Board of Directors that SECTION 1: The City Center Development Agency Board of Directors adopts the budget for FY 2016-17 as approved by City Center Development Agency Board of Directors following the budget hearing on June 14,2016. SECTION 2: The amounts appropriated for each fund for the fiscal year beginning July 1,2016,are shown on the attached—Exhibit A Schedule of Appropriations as approved by Budget Committee on May 2, 2016 with adjustments made by City Center Development Agency Board of Directors during the hearing on June 14,2016. 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 1c,Articles IX of the Oregon Constitution and ORS Chapter 457. SECTION 4: This resolution is effective immediately upon passage. RESOLUTION NO. 16- Page 1 PASSED: This day of 2016. Chair—City of Tigard City Center Development Agency A 1'lEST: City Recorder-City of Tigard City Center Development Agency RESOLUTION NO. 16- Page 2 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Ifund 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 167,000 0 167,000 Loan to CCDA 0 0 0 Transfer 629,000 0 629,000 Capital Improvements 0 0 0 Contingency 0 0 0 796,000 0 796,000 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 1,207,000 0 1,207,000 Contingency 0 0 0 1,207,000 0 1,207,000 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 167,000 0 167,000 Loan to CCDA 0 0 0 Transfer 629,000 0 629,000 Capital Improvements 1,207,000 0 1,207,000 Contingency 0 0 0 2,003,000 0 2,003,000 Exhibit B Technical Adjustment to the 2016- 17 Approved Budget City Center Development Agency Summary Below is a Technical Adjustment. Technical Adjustments are changes to the Approved Budget that come from as recommendations from staff. The item below has a brief description and details the change to the Schedule of Appropriations. #1: Urban Renewal Capital Improvement Program A request is being made to add the Community Development operating program to the Capital Improvement Program for CCDA.This addition will allow for a better distinction between programmatic and capital projects within the fund. A total of$187,000 of budget will be moved from capital expenditures to Community Development.This change has no net budgetary impact. Urban Renewal Capital Improvements Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 187,000 187,000 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 1,207,000 (187,000) 1,020,000 Contingency 0 0 0 Total Fund $1,207,000 $0 $1,207,000 1 I Parc f►. • AGENDA ITEM No. 7 Date: June 14, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ADOPT THE CITY CENTER DEVELOPMENT AGENCY FY 2017 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. 7 Date: June 14, 2016 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. IName, Address& Phone No. Name,Address&Phone No. Name, Address&Phone No. b(\e ‘ z41' 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-2578 8. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES Prepared For: Toby LaFrance Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: 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 2015-16 FY 2016-17 Cigarette Tax I $57,254 $53,590 Liquor Tax $731,994 $775,914 State Gas Tax I $2,880,519 I$2,912,205 The State of Oregon require 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 OR CCDA GOALS, POLICIES, MASTER PLANS Acceptance of these revenues will assist in the funding of the city focus points and strategies. DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $0.00 Budgeted (yes or no): Yes Where Budgeted (department/program): General Fund/Gas Tax Additional Fiscal Notes: The revenue total for receiving state shared revenues for FY 2017 is $3,742,009. The majority will be in the Gas Tax Fund of$2,912,505. The remainder is General Fund cigarette and liquor taxes totaling$829,504. Attachments State Shared Revenue CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STA 1'E 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 2016. Mayor-City of Tigard A'1'1'EST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 AIS-2580 9. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Prepared For: Toby LaFrance Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Business 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 9,2016. In order to receive state revenue sharing in FY 2016-2017,the city must levy property taxes in the preceding year, which the city has done. The city estimates the receipt of$521,841 of state revenue sharing funds in the FY 2016-2017 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 N /A Fiscal Impact Cost: NA Budgeted (yes or no): Yes Where Budgeted (department/program): General Fund Additional Fiscal Notes: Approval of this resolution would secure $521,841 of revenue for the General Fund. Attachments State Revenue Sharing CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION DECLARING THE CITY'S ELFCTION 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 9,2016 at Budget Committee to receive State Revenue Sharing; and WHEREAS,in order to receive state revenue sharing in FY 2016-2017,the city must have levied property taxes the preceding year;and WHEREAS,the city did levy property taxes in FY 2015-2016. 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 2016-2017. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard A'I'1'EST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 A • AGENDA ITEM No. 9 Date: June 14, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 9 Date: June 14, 2016 PLEASE PRINT Proponent - (Speaking In Favor) Opponent- (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name, Address&Phone No. ‘cN 0D 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-2582 10. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 10 Minutes Agenda Title: INFORMATIONAL PUBLIC HEARING: CONSIDER ADOPTION OF MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION 15-31 AND SUBSEQUENT AMENDMENTS Prepared For: Toby LaFrance Submitted By: Liz Lutz, Finance and Information Services Item Type: Meeting Type: Council Business Meeting- Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: 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 Master Fees and Charges Schedule for FY 2016-2017 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 2017 Approved Budget. OTHER ALTERNATIVES Alter only those fees that are set by other agencies or are adjusted annually using an already approved formula. COUNCIL OR CCDA GOALS, POLICIES, 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 CONSIDERATION Council reviewed the Master Fees and Charges during the study session on May 24,2016. Fiscal Impact Cost: N/A Budgeted (yes or no): N/A Where Budgeted (department/program): All Additional Fiscal Notes: Attached is a strikeout version of the FY 2017 Master Fees and Charges Schedule.A summary report of the proposed changes is included along with the authorizing code or resolution,and the page number that the change is located on in the schedule. Attachments Resolution Summary of Changes FY 2017 Master Fees CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO 04-99 AND RESOLUTION NO 15-31 AND ALL SUBSEQUENT AMENDMENTS TO DA 1'E. WHEREAS, the City of Tigard has a Master Fees and Charges Schedule that was adopted during the last budget hearings as Resolution 15-31;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 City 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 : This resolution is effective July 1,2016. PASSED: This day of 2016. Mayor-City of Tigard A'1TEST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 FY 2017 Approved Master Fees &Charges Summary of Changes Report Included in Schedule Budget? Department Fee Description Page(s) Basis of Change Authority (YIN) Financial&Information Services 'Business License(Annual Feel 4 Portland Consumer Price Index increased by 1.10%• Ord.88-13 1' Community Development Building Fees 12&16 No change in fees.However,better description of a couple of fees is provided. Planning Fees/Charges 17-23 In February 2016,a Cost of Service Study was conducted and presented to Council Council Policy 2016 1" in order to establish policy regarding General Fund support of planning related fees. ORS 227.175(1)(a) Based on the study and discussions with council,the fees that were significantly adjusted are ORS 227.175(10)(b) Accessory Residential Units,Type II Home Occupation Permits,Minor Site Development TMC 18.798 Reviews,Planned Development Reviews,Planned Development,Pre-App Conferences,& Subdivision fees. Per May 24,2016 Council study session,the Downtown Review Compliance Letter was reduced to match the cost of a Type I review under Home Occupation Permit. All other fees have been adjusted by 1.8%per the Seattle Construction Cost Index. Sanitary Sewer Connection Fee 22 This fee is set by Clean Water Services. Clean Water Services Y School District Construction Excise Tax 22 Fees are calculated by the Tigard Tualatin and Beaverton School Districts. ORS 320.170-189 Y Park System Development Charge(SDC) 37 Fees adjusted based on a combination of two indexes;the Seattle Construction Cost Index and Ord.15-09 1' the other index reflects changes in land acquisition costs provided by Washington County. SDC charges were increased by 2.55%. Residential Transportation System Development Charges 39 The residential transportation SDC's were adopted by council on April 28,2015. Res.15-15 1" Charges increased by 1.6%resulting from the combination of the Construction Ord.15-09 Cost Index for Seattle and the Oregon Monthly Asphalt Cement Material Price Index. The commercial transportation SDC's have not been implemented due to the lawsuit by the Home Builder's Association. Transportation Development Tax 40 This fee is determined by Washington County.TDT rates increased by 2.03% Washington County Y for FY 2017. Page 1 of 2 FY 2017 Approved Master Fees& Charges Summary of Changes Report Included in Schedule Budget? Department Fee Description Page(s) Basis of Change Authority (YIN) Public Works Fire Rates(Sprinklers) 28 Fee adjusted by 1.8%based in the Seattle-Construction Cost Index for April 2016. Dept.Policy Meter Installation Fees 28 Fee adjusted by 1.8%based in the Seattle-Construction Cost Index for April 2016. Dept.Policy Sanitary Sewer Service Fee(set by Clean Water Service). 28 This fee is was increased by 3%and is calculated by Clean Water Service. Clean Water Services Y Service Installation Fees 28 Fees determined by Clean Water Services. Clean Water Services Y Tigard Sanitary Sewer Surcharge 28 The sanitary sewer surcharge was approved by Council on April 19,2016. Res.14-66 N Storm and Surface Water Fee(set by Clean Water Serviccl 28 Service charge is determined by Clean Water Service and will increase by 50 cents. Clean Water Services Y Water Customer Charges 29-31 Removed old fees Dept.Policy Y' Tigard Transportation Utility Fee(River Terracel 31 A transportation utility fee for River Terrace was approved by Council on April 19,2016. Res.14-66 N Solid Waste Collection Rates 33-36 Collection rates for solid waste have been increased by 1.50%per Tigard Municipal Code TMC 11.04 1" Water System Development Charge 38 Fee adjustment is tied to Seattle Construction Cost Index(CCI) ORS 223.304(8) which is 1.8%as of April 2016. Res.10-76 Page 2 of 2 Exhibit A City of Tigard, Oregon Master Fees & Charges Schedule Fiscal Year 2016 - 2017 To Be Adopted June 14,2016 11 r 0 i TIGARD Page 1 Department Revenue Source Fee or Charge Authority Effective Date CITY MANAGEMENT Claims Application Fee(TMC 1.21.050&1.22:Ord.08-09) $1,000.00 /deposit* TMC 1.21.050&1.22 6/24/2008 * Claim fee shall be actual cost incurred by the city to process claim. Ord.08-09 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 Judge Order Civil Compromise $150.00 No.01-08 8/28/2008 Traffic School and Compliance Program Fee Criminal $150.00 Rule 16-adopted 08/28/08 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 Ord.70-35 8/25/1970 Application Fee TMC 7.48.040 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 AEfkctive Dateuthority utY Attorney Time Current attorney billing rate Dept.Policy 1999 2GB Flash Drives $11.00 each 7/1/2011 Candidate Nomination Petition Fee $50.00 DVD/CD $10.00 7/1/2015 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 8-1/2 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 Dept.Policy 1999 Recording of Documents Actual Cost Dept.Policy 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+ 7/1/2015 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 Authority 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 Ord.88-13 Annual Fee* 0-2 employees 588 $89/per year 7/1/201516 3-5 employees 5448 $119/per year 7/1/291516 6-10 employees 54-15 $420/per year 7/1/201516 11-20 employees 5689 $687 /per year 7/1/201516 21-50 employees $780 $789 /per year 7/1/291516 51-75 employees 5859 $859/per year 7/1/245516 greater than 75 employees 51,15( $1,163/per year 7/1/201516 *Adjusted annually in conjunction with the Portland Consumer Prier 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 Whenever the business license fee is not paid on or before the delinquent date,a delinquency charge equal to ten 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. Comprehensive Annual Financial Report $0.00 Dept.Policy 2/7/2002 Franchise Fee/Right of Way Usage Fee(See TMC 15.061 (Owns facility in ROW and provides service to customers Res.01-16 as updated by Ord.08-21A,Ord.12-04,Ord.14-06& Electricity within Tigard) 5%of gross revenue or$4,000 whichever is greater Ord.14-14 1/9/2015 (Owns facility in ROW and provides no service to Res.01-16 as updated by Ord.08-21A,Ord.12-04,Ord.14-06& Electricity customers within Tigard) $2.90/linear foot of installation in right-of-way Ord.14-14 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 Ord.14-14 1/9/2015 (Owns facility in ROW and provides service to customers Natural Gas within Tigard) 5%of gross revenue or$4,000 whichever is greater Ord.04-06,updated by Ord.08-21A,Ord.14-06&Ord.14-14 1/9/2015 (Owns facility in ROW and provides no service to Natural Gas customers within Tigard) $2.90/linear foot of installation in right-of-way Ord.04-06,updated by Ord.08-21A,Ord.14-06&Ord.14-14 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 Ord.14-14 1/9/2015 Page 4 Department Revenue Source Fee or Charge Authority Effective Datil (Owns facility in ROW and provides service to customers Telecom* within Tigard) 5%of gross revenue or 54,000 whichever is greater Ord.00-35,updated by Ord.08-21A,Ord.14-06&Ord.14-14 1/9/2015 Ord.00-35,updated by Ord.06-11,Ord.08-21A,Ord.14-06&Ord. Telecom* (Provides no service to customers within Tigard) $2.90/linear foot of installation in right-of-way 14-14 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 Ord.14-14 1/9/2015 *(Include.[telecommunication utilities,long distance providers, private networks and competitive access providers) Res.01-01 Updated to all utility franchise fee application by Ord.06- Utility Franchise Application Fee $2,000.00 11 8/8/2006 Solid Waste Disposal(See TMC 11.04) 5%of gross revenue Ord.78-64,as amended by Ord.02-05,Ord.03-08,&Res.13-18 7/1/2013 Cable TV(See TMC 5.12) 5%of gross revenue Res.99-04 1/26/1999 Application flkd with MACC(email mace@maccor.org) Lien Search Fed $35.00 Res.01-31 2/1/2004 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 Res.01-55 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 Loans) Application Fee $25.00 Interest Rate Prime rate as published in the Wall Street Journal as of the date of the application plus 4% Page 5 Department Revenue Source Fee or Charge Effective Date LIBRARY Collection Agency Fee $10.00 7/1/2007 Disk or CD(Blank) $1.00 2/7/2002 Flash Drive $5.00 each 7/1/2013 Library Card Fee(non-residents only) $110.00 per year 7/1/2015 Lost Items Replacement cost+$5.00 processing fee 7/1/2003 Overdue Cultural Passes $10.00 per day 7/1/2013 Overdue Items 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 E-Readers $1.00 per day up to a maximum of$5.00 7/1/2014 Public Copier and Printer Charges $0.10 /page for black&white 2001 $0.50 /page for color 7/1/2011 Replacement Library Card Fee $1.00 7/1/2007 Page 6 Department Revenue Source Fee or Charge Authority Effective Date POLICE Alarm Permit Fee(Residential&Commerciall (Goirrnmen/agencies,disabled residents or over the age of 60 are exempt) $25.00 Ord.82-32 7/1/2009 Late payment of fees/fines(after 60 days) $100.00 Ord.82-32 7/1/2013 Failure to Obtain Permit within 60 Days of Alarm Installation $100.00 7/1/2013 Reinstatement Fee,Once Revoked(After 90 days past due) $100.00 7/1/2014 Non-permitted or Revoked Alarm Permit $500.00 7/1/2013 Distracted Driving Diversion Program $25.00 7/1/2014 False Alarm Fines 1st false alarm No Charge No Charge Ord.87-73 7/1/2013 2nd false alarm No Charge No Charge 7/1/2013 3rd false alarm $100.00 7/1/2013 4th false alarm $150.00 7/1/2013 5th false alarm $200.00 7/1/2013 6 or more false alarms $250.00 7/1/2013 Fingerprint Card $15.00 per card 7/1/2012 Good Conduct Background/Letter $10.00 7/1/2012 Law Enforcement Officers Safety Act Qualification Fee $25.00 7/1/2006 Liquor License $25.00 Res.01-45 7/10/2001 Police Services Fees Res.84-17A DVD/Audio/VHS Evidence Copies $20.00 7/1/2012 Police Documents/Reports $10.00/for the first 15 pages and 7/1/2008 $0.30/page thereafter Police Digital Photo CD Copies $10.00/CD 7/1/2005 Police Photograph Copies $10.00/roll 7/1/2003 Property Forfeiture for Criminal Activity Varies Ord.99-14 5/25/1999 Second Hand Dealers and Transient Merchant License Occasional $40.00 Full-Time 7/1/2010 $100.00 7/1/2010 Reporting Forms $0.80 each 7/1/2010 Special Event Permit Application Fec 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 $100.00 TMC 5.22.060 1/1/2014 If a business applies on or after July 1st $50.00 7/1/2014 Vehicle Release Fee $125.00 ORS 709.720 7/1/2013 Page 7 Department Revenue Source Fee or Charge 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 $2.69 /for each additional$100 or fraction thereof. $2,000.01 to$25,000.00 $91.44 /for the first$2,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $338.92 /for the first$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 $100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional$1,000 or fraction thereof (New Single Family&Multi-Family) 10/1/2009 Total Valuation: $0.00 to$2,000.00 $66.25 /minimum $2,000.01 to$25,000.00 $66.25 /for the first$2,000 and $11.48 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $330.29 /for the first$25,000 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 $250,000.01 to$500,000.00 $1,530.54 /for the first$250,000 and $4.42/for each additional$1,000 or fraction thereof $500,000.01 to$1,000,000.00 $2,635.54/for the first$500,000 and $4.10 /for each additional$1,000 or fraction thereof Page 8 Department Revenue Source Fee or Charge Authority Effective Date $1,000,000.01 to$2,000,000.00 $4,685.54/for the first$1,000,000 and $3.33 /for each additional$1,000 or fraction thereof $2,000,000.01 and over $8,015.54/for the first$2,000,000 and $3.18 /for each additional$1,000 or fraction thereof (Additions,Alterations,and Demolitions for Single Family,Multi-Family,Commercial,&Industrial) 10/1/2009 Total Valuation: $0.00 to$500.00 $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 $15.21 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $453.95 /for the first$25,000 and $11.02/for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $729.45 /for the first$50,000 and $7.53 /for each additional$1,000 or fraction thereof $100,000.01 to$500,000.00 $1,105.95 /for the first$100,000 and $6.04/for each additional$1,000 or fraction thereof $500,000.01 to$1,000,000.00 $3,521.95 /for the first$500,000 and $5.09 /for each additional$1,000 or fraction thereof $1,000,000.01 and over $6,066.95 /for the first$1,000,000 and $3.39 /for each additional$1,000 or fraction thereof Building Plan Review Fee 65%of base building permit fee 9/26/2000 Deferred Submittals $200.00 minimum fee 9/24/2002 Plan Review plus 65%of building permit fee based on valuation of the particular portion or portions of the project Phased Permitting $200.00 9/24/2002 Plan Review plus 10%of building permit fee based on total project valuation not to exceed$1,500 for each phase Page 9 Department Revenue Source Fee or Charge Authority Effective Date Photovoltaic Solar Panel System $180.00 (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 $168.54 Each 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 $67.84 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 $552.26 Reconnect only $67.84 Temporary services or feeders;installation,alteration or relocation: 200 amps or less $59.36 201 amps to 400 amps $125.08 401 amps to 600 amps $168.54 Branch circuits;new,alteration or extension per panel: With purchase of service or feeder-each branch circuit $7.42 Without purchase of service or feeder First Branch Circuit $56.18 Each addit.Branch circuit $7.42 Miscellaneous(service or feeder not included): Each pump or irrigation circuit $67.84 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 $66.25 /hour(min 1 hour) Per I Iour $66.25 /hour(min 1 hour) Industrial Plant Inspection $78.18 /hour(min 1 hour) Page 10 Department Revenue Source Fee or Charge Authority Effective Date Renewable Energy Electrical Fees: 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 $301.04 7/1/2012 50.01 to 100 kva $55226 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 $66.25/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: $0.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 $51.09 /for the first$500 and $2.69 /for each additional$100 or fraction thereof $2,000.01 to$25,000.00 $91.44 /for the first$2,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $338.92 /for the first$25,000 and $8.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $509.42 /for the first$50,000 and $5.38 /for each additional$1,000 or fraction thereof $100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional$1,000 or fraction thereof Page 11 Department Revenue Source Fee or Charge 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 Alone System Square Footage: 1 to 2,000 $198.75 2,001 to 3,600 $246.45 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 (Fee includes placement permit$275.50 and state administration fee$30.00) 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+BTU(ducts/vents) $54.91 Heat pump $61.06 Duct work $23.32 Hydronic hot water system $23.32 Residential boiler(radiator or hydronic) $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 12 Department Revenue Source Fee or Charge Authority Effective Date Other fuel appliances: Water heater $23.32 Gas fireplace $33.39 Flue/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 Environmental 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 $23.32 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 13 Department Revenue Source Fee or Charge Authority Effective Date Plumbing Fees 10/1/2009 (Commercial,Industrial,Residential,&Multi-Family) New One&Two Family Dwellings 1 bath $312.70 2 bath $437.78 3 bath $500.32 Each additional bath/kitchen fixture $25.02 Site Utilities Catch basin or area drain $18.76 Drywell,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 $18.76 Rain drain connector $18.76 Sanitary sewer,first 100' $62.54 Storm sewer,first 100' $62.54 Water service,first 100' $62.54 Each additional 100'or part thereof (sanitary,storm,water service) $37.52 Fixture or Item Backflow preventer $31.27 Backwater valve $12.51 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 $25.02 Hose bib $25.02 Ice maker $12.51 Interceptor/grease trap $25.02 Medical gas(value:$ ) see table Primer $12.51 Roof drain(commercial) $12.51 Sink/basin/lavatory $25.02 Solar units(potable water) $62.54 Tub/shower/shower pan $12.51 Page 14 Department Revenue Source Fee or Charge Authority Effective Date mai S25.02 Water closet $25.02 Water heater $37.52 Water Piping/DWV $56.29 Other: $25.02 Minimum permit fee $72.50 Plumbing plan review 25%of permit fee Medical Gas Systems 9-21,'00`' Total Valuation: $1.00 to$5,000.00 $72.50 /minimum $5,000.01 to$10,000.00 $72.50 /for the first$5,000 and $1.52 /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 $1.54 /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 Enerey 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 $75.00 Site Work/Grading Permit Fees 10/1/2009 Based on project valuation-See Building Permit Fees(Nem Commercial). Page 15 Department Revenue Source Fee or Charge Authority Effective Date Miscellaneous Fees Administrative fee to change issued permits,including but not limited to: Address change(minimum charge-one-half hour) $90.00 per hour Dept.Policy 7/1/2014 Contractor 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 Houses&Social Care Facilities $160.00 /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 (minimum charge: one-half hour) 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 10/1/2009 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 Note:A 12%surcharge fee as mandated by the State Building Codes Division is applied to all permit fees,investigation fees and in.pection fees listed above. Page 16 Deparnn ent .'fie Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Accessory Residential Units $351 $250 Council policy decision 2016 7/1/2016 Annexation $3,294 $3,353 7/1/2016 Appeal Director's Decision(Type II)to Hearings Officer $250 Set by Oregon Law[ORS 227.175(10)(b)] 7/1/2011 Expedited Review(Deposit) $359 $300.00 Set by Oregon Law[ORS 197.375(1)(a)] 7/1/2016 Hearings Referee $599 $610 7/1/2016 Planning Commission/Hearing's Officer to City Council $3,312 $3,372 7/1/2016 Approval Extension $351 $357 7/1/2016 Colocation(of Wireless Communication Facilities) TMC 18.798 7/1/2013 Conditional Use Initial $6,558 $6,676 7/1/2016 Major Modification $6,5:18 $6,676 7/1/2016 Minor Modification $718 $731 7/1/2016 Design Evaluation Team(DETI Recommendation(deposit) 34831 $1,864 7/1/2016 Development Code Provision Review Single-Family Building Plan $88 $90 7/1/2016 New/Additions/Accessory(including,but not limited to,garages,carports,porches,patios,decks, storage sheds,awnings,steps and ramps) Commercial/Industrial/Institution-New $351 $357 7/1/2016 Commercial/Industrial/Institution— Tenant Improvements in Existing Development Project Valuation up to$4,999 Project Valuation$5,000-$74,999 $88 $90 7/1/2016 Project Valuation$75,000-$149,999 $220 $224 7/1/2016 Project Valuation$150,000 and more $354 $357 7/1/2016 Page 17 Department. Revenue Source Fee or Charge Authority Effective Date Downtown Review Downtown Review Compliance Letter $718 $123 71/2016 Downtown Design Administrative Review Under$1,000,000.00 $1,678 $1,708+0.004 x project valuation 7/1/2016 $1,000,000.00 and over(max fee$25,000.00) $6;474) $6,586+0.002 x project valuation 7/1/2016 Downtown Design Review-Design Review Board $3;405 $3,466+applicable Type II fee 7/1/2016 Hearing Postponement $399 5406 7/1/2016 Historic Overlay/Review District Historic Overlay Designation $5,127 $5,219 7/1/2016 Removal Historic Overlay Designation $5,127 $5,219 7/1/2016 Exterior Alteration in Historic Overlay District $769 $783 7/1/2016 New Construction in Historic Overlay District $769 $783 7/1/2016 Demolition in Historic Overlay District $769 $783 7/1/2016 Home Occupation Permit Type 1 5121 $123 7/1/2016 Type II $748 $300 Council policy decision 2016 7/1/2016 Interpretation of the Community Development Code Director's Interpretation $718 $731 7/1/2016 Appeal to City Council $3,312 $3,372 7/1/2016 Land Partition Residential and Non-Residential(3 Lots) 54,745 $4,830 7/1/2016 Residential and Non-Residential(2 Lots) $3;946 $4,017 7/1/2016 Expedited $5,537 $5,637 7/1/2016 Final Plat $1,102 $1,122 7/1/2016 Lot Line Adjustment $718 $731 7/1/2016 Marijuana Facility Permit $701 $714 7/1/2016 Minor Modification to an Approved Plan 3748 $731 7/1/2016 Non-Conforming Use Confirmation $718 $731 7/1/2016 Planned Development Conceptual Plan Review $9,286.00 Council policy decision 2016 7/1/2015 Detailed Plan Review(Concurrent Hearing) Applicable SDR Fec or SubdL-ision plus$93.00 per lot Council policy decision 2016 7/1/2016 Detailed Plan Review(Separate Hearing) Applicable SDR Fee or St.bd:ei,:e,,l:.e+$2,771 plus$93.00 per lot Council policy decision 2016 7/1/2016 Page 18 Department Revenue Source Fee or Charge Authority Effective Date Pre-Application Conference Type III or IV 6718 Council policy decision 2016 /1; Type I or Type II $300 Council policy decision 2016 '/1/2. Sensitive Lands Review With Excessive Slopes/Within Drainage Ways/ $718 $731 7/1/2016 Within 100-Year Floodplain(Type I) With Excessive Slopes/Within Drainage Ways/ $3150 $3,207 7/1/2016 Within Wetlands(Type II) With Excessive Slopes/Within Drainage Ways/ $3,403 $3,464 7/1/2016 Within Wetlands/Within the 100-Year Floodplain(Type III) Sign Permit Existing and Modification to an Existing Sign (No Size Differential) ;197 $201 7/1/2016 Temporary Sign(Per Sign) $E.2 $63 7/1/2016 Site Development Review&Major Modification Under$1,000,000.00 55,7,61 $5,664 7/1/2016 $1,000,000.00/Over $7,228 $7,358 7/1/2016 (+$6.00/per each$10,000.00 over$1,000,000.00) Minor Modification $74-8 $300 Council policy decision 2016 7/1/2016 Subdivision Preliminary Plat wid.,,.,t Plon..,.,1 D,.veLp.n...t $67424 $8,890 Council policy decision 2016 7/1/2016 P...6..,inaty Plat*:.1,Plan..cd D..se181,...,,,,t $8,890 Council policy decision 2016 7/1/2016 Expedited Preliminary Plat vol .o..t Plan....d Ds..el..p.......t $7,364 $7,497 7/1/2016 Plann,e1 Ds.vaol,...,.,t $7,365 Council polity decision 2016 7/1/2016 Final Plat $2724+ $2,261 7/1/2016 Plat Name Change $491 $408 7/1/2016 Temporary Use Director's Decision $351 $357 7/1/2016 Special Exemption/Non-Profit Special Mixed Use-Central Business District Zone Rate 1st Temporary Use in a Calendar Year $351 $357 7/1/2016 2nd Through 5th Temporary Use With Substantially the Same Site Plan Within A Calendar Year $62 563 7/1/2016 Page 19 Department ReveoncSomee Fee or Charge Authority Effective Date Urban Forestry Type I Modification to the Urban Forestry Plan Component of an Approved Land Use Permit 4694 $703 7/1/2016 Type III Discretionary Urban Forestry Plan Review Permit with concurrent Type III review $432 $440 7/1/2016 Type III Discretionary Urban Forestry Plan Review Permit without concurrent Type III review $2,664 $2,712 7/1/2016 Variance/Adjustment Administrative Variance $769 $783 7/1/2016 Development Adjustment $351 $357 7/1/2016 Special Adjustments Adjustment to a Subdivision $351 $357 7/1/2016 Reduction of Minimum Residential Density $354 $357 7/1/2016 Access/Egress Standards Adjustment $769 $783 7/1/2016 Parking Adjustments Reduction in Minimum or Increase In Maximum Parking Ratio $769 $783 7/1/2016 Reduction in New or Existing Development/Transit Imprvmnt $769 $783 7/1/2016 Reduction in Bicycle Parking $769 $783 7/1/2016 Alternative Parking Garage Layout $769 $783 7/1/2016 Reduction in Stacking Lane Length $351 $357 7/1/2016 Sign Code Adjustment $769 $783 7/1/2016 Street Improvement Adjustment $769 $783 7/1/2016 Wireless Communication Facility Adjustments Setback from Nearby Residence $769 $783 7/1/2016 Distance from Another Tower $351 $357 7/1/2016 Zoning Map/Text Amendment Legislative-Comprehensive Plan $11,013 $11,211 7/1/2016 Legislative-Community Development Code $4,496 $4,577 7/1/2016 Quasi-Judicial $4,113 $4,218 7/1/2016 Zoning Analysis(Detailed) $718 $731 7/1/2016 Zoning Inquiry Letter(Simple) $495 $107 7/1/2016 Page 20 Department Revenue SourceFee or Charge Authority Effective Date COMMUNITY DEVELOPMENT- MISCELLANEOUS FEES&CHARGES Plan Copies $2.50 7/1/2007 Community Development Code CD Rom $10.00 Tigard Comprehensive Plan $75.00 7/1/2011 GIS Maps* 8-1/2"x 11" Non Aerial $2.50 7/1/2011 Aerial $4.00 7/1/2011 11"x17" Non Aerial $5.00 7/1/2011 Aerial $7.00 7/1/2011 17"x22" Non Aerial $11.00 7/1/2011 Aerial $15.00 7/1/2011 34"x 4-4" Non Aerial $25.00 7/1/2011 Aerial $30.00 7/1/2011 Custom Maps Staff Hourly Rate Information Processing&Archiving(IPA)Fee Temporary Sign $5.00 7/1/2010 Type I Review $18.00 7/1/2010 Type II Review $175.00 7/1/2010 Type III Review $20000 7/1/2010 Type IV Review $20000 7/1/2010 Neighborhood Meeting Signs(Land Use) $2.00 1997 Oversize Load Permit $200.00 7/1/2005 Planimetric Maps Blueline 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 Transportation System Plan $75.00 7/1/2011 Washington Square Regional Center 1999 Task Force Recommendations $10.00 Master Plan Map(Zoning/Plan) $2.50 Per Ord 0349.fee is ad4ntedlemy band on the Construction Cost Index for the Cry of Seattle aspeebhrhed is the Apra inure of&gartering Now Record. Page 21 Department Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Blasting Permit* $373 $380 7/1/2045 2016 Fee in Lieu of Sewer Based on actual cost of sewer connection, 1998 if sewer was available (MU-CBD zone only) the current Washington County Assessor-determined real market value of the land(not improvements)by 10%. Sanitary Sewer Connection Fee $5;400 $5,300/dwelling unit 7/1/2015 2016 (This fee is determined by Clean Water Services. 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 /unit Commercial&Multi-family $225 /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 /unit Commercial&Multi-family $275 /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 $1.23 /sq.ft.residential construction ORS 320.170-189 7/1/2015 2016 $0.58 $0.61 /sq.ft.non-residential construction ORS 320.170-189 7/1/2045 2016 Non-residential maximum per building $30,700.00 permit or per structure,whichever is less ORS 320.170-189 7/1/2016 Tigard-Tualatin School District $1,44 $1.20 /sq.ft.residential construction ORS 320.170-189 7/1/20149/1/2015 $0.57 $0.60 /sq.ft.non-residential construction ORS 320.170-189 7/1/20149/1/2015 Non-residential maximum per building $29,900.00 permit or per structure,whichever is less ORS 320.170-189 9/1/2015 Page 22 Department Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Urban Forestry* 1 Lazard Tree Dispute Resolution Fee $169 $172 +$55.00 each additional tree 7/1/2016 In Lieu of Planting Fees(Planting&3 Year Maintenance) Street Tree $550 $560 per 1.5"caliper tree 7/1/2016 Open Grown Tree $559 $560 per 1.5"caliper tree 7/1/2016 Stand Grown Tree $392 $399 per tree 2'in height or 1 gallon container 7/1/2016 Tree Permit Fees(Complex) City Board or Committee City Manager 3/1/2013 Tree Canopy Fee per square foot of tree canopy 3/1/2013 Urban Forest Inventory Fees Open Grown Tree $151 $154 +$28.00 each additional tree 7/1/2016 Stand of Trees $200 $204 +$44.00 each additional stand 7/1/2016 Tree Establishment Bond(Planting&Early Establishment) 1.5"Caliper Minimum Street or Open Grown Tree in Subdivisions or Minor Land Partitions $501 $510 per tree 7/1/2016 1.5"Caliper Minimum Street or Open Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions $452 $460 per tree 7/1/2016 2'in Height or 1 Gallon Container Minimum Stand Grown Tree in Subdivisions or Minor Land Partitions $376 $383 per tree 7/1/2016 2'in Height or 1 Gallon Container Minimum Stand Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions $359 $365 per tree 7/1/2016 Vacation(Streets and Public Access)* $2,657 $2,705 /deposit+actual costs 7/1/2016 *Per Ord 03-59,fee is adjia/edyeanfy bared on the Construction Cost Index for the City of Seattle os pnblirhed in the April issue ooEgg'neenng News Record **,f307.00 per tree up to and ine•4eding 10 trees.If over 10 tires,the applicant submits a deposit of S307.00 for 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 hairnet of the deposit if any remains after the review is compile Page 23 Department Revenue Source Fee or Charge Authority Effective Dat PUBLIC WORKS-DEVELOPMENT ENGINEERING Addressing Assignment Fee $50.00 Res.99-08 10/29/2003 Erosion Control Inspection Fee With Development Construction Cost Estimate$0-$25,000 $80.70 IGA w/Clean Water Service 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 7/1/2014 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 CDC 18.180.120 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 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. Res.98-03 7/1/2001 Any amount over$15,000.00 shall be reimbursed by the owner;$6,000.00 limit valid for only 3 years from Council approval of district cost. Streetlight Energy&Maintenance Fee Based upon PGE Schedule#95 Option"A"for the first two years costs PGE 2000 Traffic/Pedestrian Signs Cost of materials and labor Dept.Policy 2/7/2002 with Council Direction Page 24 Department Revenue Source Fee or Charge Authority Effective Date PUBLIC WORKS-UTILITIES Booster Pump Charge Meter Size(diameter inches) 5/8 x3/4 $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 $257.23/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 25 Department Revenue Source Fee or Charge Customer Charge Authority Effective Date (Basic fee charged to customers to have the City deliver water.) Meter Size(diameter inches) 5/8 x 3/4 $25.83/...e..tily 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 3/4 x 3/4 $37.21 /me,.t1 If 1/1/2015 $38.42/monthly 1/1/2016 $39.67 /monthly 1/1/2017 $40.96/monthly 1/1/2018 $42.29 /monthly 1/1/2019 1 $57.96/,,,e..d.ly +W-2414 $59.84/monthly 1/1/2016 $61.78/monthly 1/1/2017 $63.79/monthly 1/1/2018 $65.86/monthly 1/1/2019 1.5 5153.05/me„ddf 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/..,e..d.ly 1/1/2015 $256.39 /monthly 1/1/2016 $264.72/monthly 1/1/2017 $273.32/monthly 1/1/2018 $282.20/monthly 1/1/2019 Page 26 Department Revenue Source Fee or Charge Authority Effective Dao 3 _-4-5 $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/...e..rl.ly 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/..o..tl.ly, 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/oiontl.ly. 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 $300098/me..tl.ly 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 1/1/2019 12 $4,244.91 /...onthly 1/1/2015 54,382.87/monthly 1/1/2016 $4,525.31 /monthly 1/1/2017 $4,672.38/monthly1/1/2018 $4,824.23/monthly 1/1/2019 Final Notification Process Fee $30.00/per instance 7/1/2009 Page 27 Department Revenue Source Fee or Charge Authority Effective Date rift'cit'dram rVW.. tcv: $329.01) $375.00 /test +219/2008 7/1/2016 Fire Hydrant Usage-Temporary 3"hydrant meter deposit* $650.00 9/1/2002 *Deposit is refundable if returned in good condition Hook-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 $18.16 $18.49 /month 7/1/201l;2016 8"or larger $24.03 $24.46 /month 7/1/2015 2016 Fire Service Connection $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 5354.0)0 $356.00 9/1/2011 7/1/2016 3/4"x 3/4"Meter $400.00 $407.00 4-0/-14201-1 I"Meter $550.00 $560.00 9/ /201 7/1/2016 1 1/2"Meter $854.00 $865.00 9/1/2011 7/1/2016 2"Meter $1,100700 $1,120.00 9/1/2011 7/1/2016 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% Sanitary Sewer Service(Fee set by Clean Water Services) (City receives 20°/o of fees collected) Base Charge $26.63 $27.45/dwelling unit/month 7/1/20152016 Use Charge $477 $1.82/100 cubic feet/month for 7/1/2045 2016 individual customer winter average Tigard Sewer Surcharge $2.07 /dwelling unit/month 10/1/2016 Service Installation Fees Single Trench-Single Residential Service $3;630.00 $3,695.00 includes labor&materials 10/1/2011 7/1/2016 1 1/2"Meter and greater Actual labor and material costs+10% 10/1/2011 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) Service Charge 5725 $7.75 /ESU/month 7/1/204-5 2016 Tigard Stormwater Surcharge $2.00/ESU/month 7/1/2009 Water Bacteriological Quality Testing Cost per test $60.00 $65.00 7/1/2008 7/1/2016 Page 28 Department Revenue Source Fee or Charge Authority Effective Date 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 Water Usage Charges Residential Tx.,1 $3.34/100e,.b:eLet„fwan,r 1/1/2015 Ti ,2 $4.88/100eub:efetnfwat., 1/1/2015 Ti r 3 $5-58/100 eub:c feet of wat, 1/1/2015 Tier 1 $3.45 /100 cubic feet of water 1/1/2016 Tier 2 $5.04/100 cubic feet of water 1/1/2016 Tier 3 $5.76/100 cubic feet of water 1/1/2016 Tier 1 $3.56/100 cubic feet of water 1/1/2017 Tier 2 $5.20/100 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 Tier 3 $6.14/100 cubic feet of water 1/1/2018 Tier 1 $3.80/100 cubic feet of water 1/1/2019 Tier 2 $5.54/100 cubic feet of water 1/1/2019 Tier 3 $6.34/100 cubic feet of water 1/1/2019 Multi-Family Tic.1 $27-8/100c...be-f ct1/1/2015 Ti r2 x$4.06/100e..b:cfeetofwat,., 1/1/2015 Ticr3 $4.65/100e biefe..tof..rat.., 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 Tier2 $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 Tier 2 $4.47/100 cubic feet of water 1/1/2018 Tier 3 $5.12/100 cubic feet of water 1/1/2018 Tier 1 $3.16/100 cubic feet of water 1/1/2019 Tier2 $4.62/100 cubic feet of water 1/1/2019 Tier 3 $5.29/100 cubic feet of water 1/1/2019 Page 29 Department Revenue Source Fee or Charge Authority Effective Date Commercial "1't.r1 5. 44/100eub;cfur iif 4--}1-2t+}-4 2 58.01/100cubi..Let of ant r 1/1/2014 Ti...3 55.73 100 ubk-fc t f 14 1't .1 $3:80/100 cubic La cif wa 1/1/2015 $5.54/100 cubic Let uf cute. 1/1/2015 T r3 $6.33/100cubic La uf at , 1/1/2015 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 1/1/2016 Tier 1 $4.05/100 cubic feet of water 1/1/2017 Tier 2 $5.91 /100 cubic feet of water 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 of water 1/1/2018 Tier 1 $4.32/100 cubic feet of water 1/1/2019 Tier 2 $6.30/100 cubic feet of water 1/1/2019 Tier 3 $7.20/100 cubic feet of water 1/1/2019 Industrial Uniform Rate $5.29/....,..tl,ly 1/1/2015 $5.46 /monthly 1/1/2016 $5.64/monthly 1/1/2017 $5.82/monthly 1/1/2018 $6.01 /monthly 1/1/2019 Irrigation Uniform Rate $7.51 / Llq 1/1/2015 $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 30 Department Revenue Source Fee or Charge Authority Effective Date Tiered Rate Structure"Thresholds(100 cubic feet of water) Meter Size 5/8 x 3/4 Tier 1 6 ccf Tier 2 15 ccf Tier 3 over 15 ccf 3/4 x 3/4 Tier 1 9 ccf Tier 2 22 ccf Tier 3 over 22 ccf 1 Tier 1 16 ccf Tier 2 40 ccf Tier 3 over 40 ccf 1.5 Tier 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 Tier 2 3,376 ccf Tier 3 over 3,376 ccf Street Maintenance Fee(TMC 15.20) Monthly Residential Rate-Single and Multi-Family $5.30 /unit Ord.16-07 7/1/2016 Monthly Non-Residential Rate $1.86 /per min required parking space 7/1/2016 Monthly Residential Rate-Single and Multi-Family $6.56 /unit 1/1/2017 Monthly Non-Residential Rate $2.15 /per min required parking space 1/1/2017 Staff Review No Charge City Council Written Appeal Filing Fee $300.00 Tigard Transportation Utility Fee(River Terrace) $5.00 /month Res.14-66 10/1/2016 Page 31 Department Revenue Source Fee or Charge Revised Fees Authority Effective Date PUBLIC WORKS-PARKS&RECREATION Community Garden Plot Rental Large $40.00 /year 7/1/2010 Small $20.00 /year 7/1/2010 Park Reservation Fces Application Pic Resident $25.00 /per event 7/1/2010 Non-Resident $50.00 /per event 7/1/2010 Rental Change Fee $15.00 /per event 7/1/2011 Organized Group Event Processing Fee $50.00 /per event 7/1/2012 Event Monitor $15.00 /hour 7/1/2012 Special Use/Alcohol Permit Fee $25.00 /per event 7/1/2010 (Fee assessed at time of reservation) Special Event Permit Fee(First 3 hours) $75.00 0 to 100 people 7/1/2013 $175.00 101 to 200 people 7/1/2013 $275.00 201 to 500 people 7/1/2013 $475.00 501 to 2000 people 7/1/2013 $1,000.00 2001 and more 7/1/2013 (Each Additional Hour) $25.00 0 to 100 people 7/1/2013 $55.00 101 to 200 people 7/1/2013 $90.00 201 to 500 people 7/1/2013 $155.00 501 to 2000 people 7/1/2013 $330.00 2001 and more 7/1/2013 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,&Summeelake Resident $25.00 /hour 7/1/2012 Non-Resident $50.00 /hour 7/1/2012 Soccer/Ball Field Rental Fee(2 hour minimum) Resident $10.00 /hour 7/1/2010 Non-Resident $20.00 /hour 7/1/2010 Refundable Security/Cleaning Deposit May be required for some events to mitigate Not to exceed$400 7/1/2010 possible cleanup and/or damages. Page 32 Revenue Source Fee or Charge AuthiEffective Date Solid Waste Collection Rates Residential Cart Collections Recycling only(carts&yard debris cart) $13.38 7/1/2015 (recycling cart only) $7.17 7/1/2015 (yard debris only) $6.21 7/1/2015 Mini cart(20 gal)with yard debris $21.51 7/1/2015 without yard debris $19.10 7/1/2015 Cart(32 gal)with yard debris $24.50 7/1/2015 without yard debris $21.99 7/1/2015 Cart(60 gal)with yard debris $36.43 7/1/2015 Cart(90 gal)with yard debris $43.50 7/1/2015 On-call service(mixed waste,recycling cart and yard debris $12.25 7/1/2015 Commercial Cart Collections 20 gallon $21.51 7/1/2015 32 gallon $24.50 7/1/2015 60 gallon $36.43 7/1/2015 90 gallon $43.50 7/1/2015 Commercial Container Collections Weekly Collection Frequency Every other Week One Two Three Four Five One yard $65.46 $106.94 $199.95 $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 Page 33 Revenue Source Fee or Charge AuthiEffective Date 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 7/1/2015 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 7/1/2015 10 Cubic Yard Container $143.38 7/1/2015 20 Cubic Yard Container $143.38 7/1/2015 30 Cubic Yard Container $143.38 7/1/2015 40 Cubic Yard Container $143.38 7/1/2015 All Compactors $149.80 7/1/2015 Delivery $72.76 Demurrage 20 Cubic Yard Container $5.35 10/20 Yard Box after 48 hours 7/1/2015 30 Cubic Yard Container $7.06 30 Yard Box after 48 hours 7/1/2015 40 Cubic Yard Container $7.06 40 Yard Box after 48 hours 7/1/2015 All Compactors $8.56 Drop Box with Lid 7/1/2015 Delivery Service Fee plus actual disposal cost and franchise fee Medical Waste Collections 7/1/2015 On-Site Pick-up Charge $30.50 Rate is the on-site collection 7/1/2015 Disposal Cost per 17 to 31 gallon unit $21.74 charge plus the disposal cost per 7/1/2015 Disposal Cost per 43 gallon unit $26.34 medical container unit Miscellaneous Service Rates 7/1/2015 Extra mixed waste per cart-overload fee(based on 32 gallon capacity) $4.28 /occurrence 7/1/2015 Extra yard debris(manual up to 32 gallon) $3.21 /occurrence 7/1/2015 Additional yard debris service(second 60 gallon cart) $3.75 /occurrence 7/1/2015 Call back/return for pick up of inaccessible cart per service call $12.84 /occurrence 7/1/2015 Yard service rate-extra distance away from curb after first 5 feet $4.28 /occurrence 7/1/2015 Special service fees $77.04 /occurrence 7/1/2014 Account reinstatement fee $30.00 /occurrence 7/1/2014 NSF check fee $35.00 /occurrence Tire disposal Hourly Rate+disposal fee Page 34 Revenue Source Fee or Charge Auth(Effective Date Solid Waste Compactor Permit $100.00 11c, 91-h Solid Waste Collection Rates 1.5%increase Residential Cart Collections Recycling only(carts&yard debris cart) $13.58 1/1/2017 (recycling cart only) $7.28 1/1/2017 (yard debris only) $6.30 1/1/2017 Mini cart(20 gal)with yard debris $21.83 1/1/2017 without yard debris $19.39 1/1/2017 Cart(32 gal)with yard debris $24.87 1/1/2017 without yard debris $22.32 1/1/2017 Cart(60 gal)with yard debris $36.98 1/1/2017 Cart(90 gal)with yard debris $44.15 1/1/2017 On-call service (mixed waste,recycling cart and yard debris $12.43 1/1/2017 Commercial Cart Collections 20 gallon $21.83 1/1/2017 32 gallon $24.87 1/1/2017 60 gallon $36.98 1/1/2017 90 gallon $44.15 1/1/2017 Weekly Collection Frequency Every other Week One Two Three Four Five One yard $66.44 $108.54 $202.95 $293.69 $384.44 $475.42 1/1/2017 Each additional $71.19 $137.32 $203.30 $269.30 $335.44 1/1/2017 One and 1/2 yards $78.18 $139.39 $257.26 $375.03 $492.81 $610.70 1/1/2017 Each additional $98.59 $191.63 $284.66 $377.66 $470.72 1/1/2017 Two yards $91.64 $166.84 $311.64 $456.43 $601.20 $745.98 1/1/2017 Each additional $126.05 $246.02 $366.04 $486.06 $606.01 1/1/2017 Three yards $118.65 $221.56 $420.37 $619.08 $817.82 $1,016.64 1/1/2017 Each additional $180.76 $354.74 $528.70 $702.67 $876.66 1/1/2017 Four yards $145.68 $276.30 $529.17 $781.80 $1,034.44 $1,290.81 1/1/2017 Each additional $236.10 $463.54 $691.41 $919.31 $1,147.33 1/1/2017 Five yards $172.57 $331.09 $637.77 $944.45 $1,251.13 $1,557.82 1/1/2017 Each additional $290.30 $572.17 $854.06 $1,135.98 $1,417.84 1/1/2017 Six yards $199.61 Page 385.55 $746.28 $1,106.88 $1,467.48 $1,828.19 1/1/2017 Revenue Source Fee or Charge AuthiEffective Date Each additional $344.77 $680.65 $1,016.47 $1,352.33 $1,688.23 1/1/2017 Eight yards $253.53 $496.02 $964.58 $1,433.17 $1,901.72 $2,3-4/.31 1/1/2017 Each additional $455.24 $898.97 $1,342.78 $1,786.58 $2,230.32 1/1/2017 1 yard compacted $244.22 $456.65 $660.82 $863.92 $1,069.72 1/1/2017 2 yard compacted $375.40 $701.17 $1,026.97 $1,352.73 $1,678.50 1/1/2017 3 yard compacted $498.51 $945.82 $1,392.89 $1,840.04 $2,287.38 1/1/2017 4 yard compacted $621.68 $1,190.63 $1,759.06 $2,327.48 $2,904.29 1/1/2017 Drop Box Collections 10 Cubic Yard Container $145.53 1/1/2017 20 Cubic Yard Container $145.53 1/1/2017 30 Cubic Yard Container $145.53 1/1/2017 40 Cubic Yard Container $145.53 1/1/2017 All Compactors $152.05 1/1/2017 Delivery $73.85 1/1/2017 Demurrage 20 Cubic Yard Container $5.43 10/20 Yard Box after 48 hours 1/1/2017 30 Cubic Yard Container $7.17 30 Yard Box after 48 hours 1/1/2017 40 Cubic Yard Container $7.17 40 Yard Box after 48 hours 1/1/2017 All Compactors $8.69 Drop Box with Lid 1/1/2017 Delivery Service Fee plus actual disposal cost and franchise fee Medical Waste Collections On-Site Pick-up Charge $30.96 Rate is the on-site collection 1/1/2017 Disposal Cost per 17 to 31 gallon unit $22.07 charge plus the disposal cost per 1/1/2017 Disposal Cost per 43 gallon unit $26.74 medical container unit 1/1/2017 Miscellaneous Service Rates Extra mixed waste per cart-overload fee(based on 32 gallon capacity) $4.34 /occurrence 1/1/2017 Extra yard debris(manual up to 32 gallon) $3.26 /occurrence 1/1/2017 Additional yard debris service(second 60 gallon cart) $3.81 /occurrence 1/1/2017 Call back/return for pick up of inaccessible cart per service call $13.03 /occurrence 1/1/2017 Yard service rate-extra distance away from curb after first 5 feet $4.34 /occurrence 1/1/2017 Special service fees $78.20 /occurrence 1/1/2017 Account reinstatement fee $30.00 /occurrence 7/1/2014 NSF check fee $35.00 /occurrence 7/1/2014 Tire disposal Hourly Rate+disposal fee Solid Waste Compactor Permit $100.00 Res.91-76 Page 36 Department Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Park System Development Charge(SDC)* Ord.15-09 Single Family Detached Dwelling- Reimbursement $10001:90 $1,207.00 7/1/2945 2016 Single Family Detached Dwelling-Improvement $4,248.00 $4,356.00 7/1/2015 2016 Single Family Detached Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,575.00 $1,615.00 7/1/20152016 Inside River Terrace $-179.53440 $2,003.00 7/1/20 .5 2016 Multi-Family Detached Dwelling-Reimbursement $75300 $772.00 7/1/204-5 2016 Multi-Family Detached Dwelling-Improvement $3,198.00 $3,280.00 7/1/2015 2016 Multi-Family Detached Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,1-86.00 $1,216.00 7/1/2015 2016 Inside River Terrace $1,470,00 $1,507.00 7/1/2015 2016 Non-Residential(Per Employee)- Reimbursement $66.00 $68.00 7/1/204-5 2016 Non-Residential(Per Employee)- Improvement $3600 $376.00 7/1/201-5 2016 *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. For more detailed and updated information on calculating Park SDC's see"Parks&Recreation System Development Charge Methodology Report,"by FCS Group,May 19,2015. Adopted by Ord. 15-09. Page 37 Department Revenue Source Fee or Charge Revised Fees Effective Date PUBLIC WORKS-WATER Water System Development Charge(SDC)* 5/8"x 3/4"Meter $7,777 $7,917 7/1/291.5 2016 3/4" x 3/4" Meter 5117200 $11,402 7/1/204-5 2016 1" Meter $20746 $21,119 7/1/2015 2016 1 1/2"Meter $62,201 $63,321 7/1/2015 2016 2"Meter $101,003 $102,821 7/1/204-5 2016 3" Meter $178,113 $181,319 7/1/204-5 2016 4"Meter 5365,289 $371,864 7/1/204-5 2016 6"Meter $388,84.8 $395,847 7/1/2015 2016 8"Meter $622,155 $633,354 7/1/204-5 2016 Water system connections greater than 8 inch diameter,City will forecast the demands on an average-day,peak-day,and peak-hour basis to determine SDC fees. *As per ORS 223.304(8)Res. 10-76,the City will use ENR Seattle CCIfor the month of April prior to the budget year imposed _.,�. r ... .. .. . The ENR Seattle CCI forApril2016 is 1.8%based on a 12-month average. The multiph'er 1.018 is usedfor all Water SDCs effective 7/1/2016. Page 38 Department Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Ord.15-08 Residential Transportation System Development Charge(SDC)* Res.15-15 Single Family Detached Dwelling-Reimbursement $312 5 317 Amended. - ' - 7/1/20154 7/1/2016 Single Family Detached Dwelling-Improvement $5,402 $ 5,488 Amended. 7/1/20154 7/1/2016 Single Family Detached Dwelling-River Terrace Overlay** $2,6$3 S 2,684 7/1/2015 7/1/2016 Multi-Family Dwelling-Reimbursement 5482 $ 185 Amended.Il,6/9/201513...kaJh,„;,,g-1h1,r,d,;,,p&,,,,,,d,6„e TcfermrNrxepharrrrq 7/1/20154 7/1/2016 Multi-FamilyDwelling-Improvement $3,151 $ 3,201 Amended.1l,6/9/201513,411 kark-Rlaleri off,,.,ith,,,,p/,.,;,g 7/1/20151 7/1/2016 Multi-Family Dwelling-River Terrace Overlay $1,541 $ 1,566 7/1/2015 7/1/2016 *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(anm.alized)percent change. Page 39 Department 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 $8,113 $8,278 /per unit WaCo Board of Commissioners 7/1/204-5 2016 Fees were increased by 2.03% Apartment S5,308 $5,415 /per unit 7/1/201-5 2016 Residential Condominium/Townhouse S4,853 $4,951 /per unit 7/1/241-5 2016 General Office Building S8,515 $8,687 (per TSFGFA**) 7/1/201-5 2016 Shopping Center S11,140 $11,366 (per TSFGLA**) 7/1/204-5 2016 The Countywide Transportation Development Tax(I UT)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,TDT 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. For information about the TDT regarding a specific project contact the City's Permits/Projects 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 40 Revenue Source Fee or Charge AuthEffective Date Solid Waste Compactor Permit $100.0(1 Res. 91-76 Solid Waste Collection Rates 1.5%increase Residential Cart Collections Recycling only(carts&yard debris cart) $13.58 1/1/2017 (recycling cart only) $7.28 1/1/2017 (yard debris only) $6.30 1/1/2017 Mini cart(20 gal)with yard debris $21.83 1/1/2017 without yard debris $19.39 1/1/2017 Cart(32 gal)with yard debris $24.87 1/1/2017 without yard debris $22.32 1/1/2017 Cart(60 gal)with yard debris $36.98 1/1/2017 Cart(90 gal)with yard debris $44.15 1/1/2017 On-call-service(mixed waste,recycling cart and yard debris $12.43 1/1/2017 Commercial Cart Collections 20 gallon $21.83 1/1/2017 32 gallon $24.87 1/1/2017 60 gallon $36.98 1/1/2017 90 gallon $44.15 1/1/2017 Weekly Collection Frequency Every other Week One Two Three Four Five One yard $66.44 $108.54 $202.95 $293.69 $384.44 $475.42 1/1/2017 Each additional $71.19 $137.32 $203.30 $269.30 $335.44 1/1/2017 One and 1/2 yards $78.18 $139.39 $257.26 $375.03 $492.81 $610.70 1/1/2017 Each additional $98.59 $191.63 $284.66 $377.66 $470.72 1/1/2017 Two yards $91.64 $166.84 $311.64 $456.43 $601.20 $745.98 1/1/2017 Each additional $126.05 $246.02 $366.04 $486.06 $606.01 1/1/2017 Three yards $118.65 $221.56 $420.37 $619.08 $817.82 $1,016.64 1/1/2017 Each additional $180.76 $354.74 $528.70 $702.67 $876.66 1/1/2017 Four yards $145.68 $276.30 $529.17 $781.80 $1,034.44 $1,290.81 1/1/2017 Each additional $236.10 $463.54 $691.41 $919.31 $1,147.33 1/1/2017 Five yards $172.57 $331.09 $637.77 $944.45 $1,251.13 $1,557.82 1/1/2017 Each additional $290.30 $572.17 $854.06 $1,135.98 $1,417.84 1/1/2017 Six yards $199.61 Page���$ 55 $746.28 $1,106.88 $1,467.48 $1,828.19 1/1/2017 Each additional $344.77 $680.65 $1,016.47 $1,352.33 $1,688.23 1/1/2017 Eight yards $253.53 $496.02 $964.58 $1,433.17 $1,901.72 $2,370.31 1/1/2017 Each additional $455.24 $898.97 $1,342.78 $1,786.58 $2,230.32 1/1/2017 1 yard compacted $244.22 $456.65 $660.82 $863.92 $1,069.72 1/1/2017 2 yard compacted $375.40 $701.17 $1,026.97 $1,352.73 $1,678.50 1/1/2017 3 yard compacted $498.51 $945.82 $1,392.89 $1,840.04 $2,287.38 1/1/2017 4 yard compacted $621.68 $1,190.63 $1,759.06 $2,327.48 $2,904.29 1/1/2017 Drop Box Collections 10 Cubic Yard Container $145.53 1/1/2017 20 Cubic Yard Container $145.53 1/1/2017 30 Cubic Yard Container $145.53 1/1/2017 40 Cubic Yard Container $145.53 1/1/2017 All Compactors $152.05 1/1/2017 Delivery $73.85 1/1/2017 Demurrage 20 Cubic Yard Container $5.43 10/20 Yard Box after 48 hours 1/1/2017 30 Cubic Yard Container $7.17 30 Yard Box after 48 hours 1/1/2017 40 Cubic Yard Container $7.17 40 Yard Box after 48 hours 1/1/2017 All Compactors $8.69 Drop Box with Lid 1/1/2017 Delivery Service Fee plus actual disposal cost andfranchise fee Medical Waste Collections On-Site Pick-up Charge $30.96 Rate is the on-site collection 1/1/2017 Disposal Cost per 17 to 31 gallon unit $22.07 charge plus the disposal cost per 1/1/2017 Disposal Cost per 43 gallon unit $26.74 medical container unit 1/1/2017 Miscellaneous Service Rates Extra mixed waste per cart-overload fee(based on 32 gallon capacity) $4.34 /occurrence 1/1/2017 Extra yard debris(manual up to 32 gallon) $3.26 /occurrence 1/1/2017 Additional yard debris service(second 60 gallon cart) $3.81 /occurrence 1/1/2017 Call back/return for pick up of inaccessible cart per service call $13.03 /occurrence 1/1/2017 Yard service rate-extra distance away from curb after first 5 feet $4.34 /occurrence 1/1/2017 Special service fees $78.20 /occurrence 1/1/2017 Account reinstatement fee $30.00 /occurrence 7/1/2014 NSF check fee $35.00 /occurrence 7/1/2014 Tire disposal Hourly Rate+disposal fee Solid Waste Compactor Permit $100.00 Res.91-76 Page 36 Department Revenue Source Fee or Charge Authority Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Park System Development Charge(SDC)* Ord. 15-09 Single Family Detached Dwelling-Reimbursement 4-h004-00 $1,207.00 7/1/204-5 2016 Single Family Detached Dwelling-Improvement $4;248:00 $4,356.00 7/1/2015 2016 Single Family Detached Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,575.00 $1,615.00 7/1/204-5 2016 Inside River Terrace V7453440 $2,003.00 7/1/204-5 2016 Multi-Family Detached Dwelling- Reimbursement $7753:90 $772.00 7/1/2415 2016 Multi-Family Detached Dwelling- Improvement $3,-9&o0 $3,280.00 7/1/241-5 2016 Multi-Family Detached Dwelling- Improvement for Neighborhood Parks Outside River Terrace $17I86400 $1,216.00 7/1/204-5 2016 Inside River Terrace $1-;470.00 $1,507.00 7/1/204-5 2016 Non-Residential(Per Employee)-Reimbursement $66.80 $68.00 7/1/204-5 2016 Non-Residential(Per Employee)- Improvement $367.00 $376.00 7/1/2015 2016 *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. For more detailed and updated information on calculating Park SDC's see"Parks&Recreation System Development Charge Methodology Report,"by FCS Group,May 19,2015. Adopted by Ord. 15-09. Page 37 Department Revenue Sousqe Fee or Charge Revised Fees Effevtive Pate PUBLIC WORKS-WATER Water System Development Charge(SDC)* 5/8"x 3/4"Meter $7,777 $7,917 7/1/2015 2016 3/4"x 3/4"Meter $4472449 $11,402 7/1/2015 2016 1"Meter $20,746 $21,119 7/1/2015 2016 1 1/2" Meter $62,201 $63,321 7/1/2015 2016 2"Meter $10103 $102,821 7/1/2015 2016 3"Meter $178,113 $181,319 7/1/ 5 2016 4"Meter $365289 $371,864 7/1/2015 2016 6"Meter $3887848 $395,847 7/1/2015 2016 8" Meter $622,155 $633,354 7/1/2015 2016 Water system connections greater than 8 inch diameter, City will forecast the demands on an average-day,peak-day,and peak-hour basis to determine SDC fees. *As per ORS 223.304(8)Res. 10-76,the City will use ENR Seattle CCIfor the month of April prior to the budget year imposed The ENR Seattle CCI for April 2016 is 1.8%based on a 12-month average. The multiplier 1.018 is used for all Water SDCs effective 7/1/2016. Page 38 Demesne= • Revering Sown._ _.__ ___ Bee otr Charge- _.u.___AuihoritT Effectiveaglit COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Ord.15-08 Residential Transportation System Development Charge(SDC)* Res.15-15 Single Family Detached Dwelling-Reimbursement $312 $ 317 Amended. _ 7/1/2015; 7/1/2016 Single Family Detached Dwelling-Improvement $5,402 $ 5,488 Amended. 7/1/2015} 7/1/2016 Single Family Detached Dwelling-River Terrace Overlay** $2,64-2 $ 2,684 7/1/2015 7/1/2016 Multi-Family Dwelling-Reimbursement 19-82 $ 185 Amended. • . ' • - - ., , a.t;o„,,f-f.,.a,i1,,.,p1,..r.,.g 7/1/20151 7/1/2016 Multi-Family Dwelling-Improvement $3,151 $ 3,201 Amended.Pi,6/9/201;BaJg.t 11.,.rrax D.6.Y.J.;,,pk,,,.,,a.t.;,,,„f j•,..;t!,,,,ph..,. 7/1/20151 7/1/2016 Multi-Family Dwelling-River Terrace Overlay $4-,544 $ 1,566 7/1/2015 7/1/2016 *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 39 Department 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 $8,113 $8,278/per unit WaCo Board of Commissioners 7/1/2015 2016 Fees were increased by 2.03% Apartment fr57308 $5,415 /per unit 7/1/2015 2016 Residential Condominium/Townhouse $4,853 $4,951 /per unit 7/1/2015 2016 General Office Building $8,51.5 $8,687 (per TSFGFA**) 7/1/2015 2016 Shopping Center $11,140 $11,366 (per TSFGLA**) 7/1/2015 2016 The Countywide Transportation Development Tax(TDT)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,TDT 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. For information about the TDT regarding a specific project contact the City's Permits/Projects 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 40 AGENDA ITEM No. 10 Date: June 14, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER ADOPTION OF MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION 15-31 AND SUBSEQUENT AMENDMENTS Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 10 Date: June 14, 2016 PLEASE PRINT Proponent - (Speaking In Favor) Opponent- (Speaking Against) Neutral Name, Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. ,Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. `(\D c'' '‘l .Q 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-2583 11. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 15 Minutes Agenda Title: INFORMATIONAL PUBLIC HEARING:ADOPTION OF THE BUDGET,MAKING APPROPRIATIONS,DECLARINGTHE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED Prepared For: Toby LaFrance Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Public Hearing-Informational Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication 06/02/2016 Date in Newspaper: --- -- Information ISSUE Oregon local budget law requires that a budget for the following fiscal year FY 2017 be adopted by the City Council prior to July 1,2016 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 2016-2017 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 4 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 2016-2017 City of Tigard Approved Budget is $176,072,118,including appropriations of $122,200.506 with the remaining$53,871612 comprising the city's reserve for future expenditures. Attached to this Agenda Item Summary,staff has provided Council with a memo outlining the status of the General Fund forecast, reserves,and impact that potential changes to the budget as approved by the Budget Committee may have on forecasted reserves. 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 2016-17 budget must be adopted by July 1,2016. 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 25,May 2,and May 9,2016 as part of the Budget Committee meetings. Fiscal Impact Cost: $176,072,118 Budgeted (yes or no): Yes Where Budgeted (department/program): All Additional Fiscal Notes: The total FY 2016-2017 City of Tigard Approved Budget is$176,072,118,including appropriations of$122,200,506 with the remaining$53,871,612 comprising the city's reserve for future expenditures. Staff has included three technical adjustments to operations totaling$447,025 in appropriations and five carryforward adjustments to the CIP totaling$747,500 in appropriations for council consideration.Exhibit B has the details on the technical adjustments. None of the technical adjustments increase expenditures by over 10%in any fund. Exhibit C has the impact of the adjustments on the Capital Improvement Program. Attachments Budget Resolution Exhibit A-Schedule of Appropriations Exhibit-B Exhibit C-Impact of Technical Adjustments on CIP Memo to Council on General Fund Reserves CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- 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 2017. WHEREAS, four hearings by the Tigard Budget Committee on the budget document,as proposed by the City Manager,were duly called and held on April 20, 2016,April 25, 2016,May 2,2016, and May 9, 2016 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, 2016 was duly approved and recommended to the City Council by the regularly constituted Budget Committee at its meeting on May 9, 2016,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, the budget as approved by the Budget Committee includes a $1,000,000 Rainy Day Reserve as part of the General Fund Reserves for Future Expenditures;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 14, 2016, 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 Tigard City Council that: SECTION 1: The Council adopts the budget for FY 2016-17 as approved by council following the budget hearing on June 14,2016. SECTION 2: The amounts appropriated for each fund for the fiscal year beginning July 1,2016,are shown on the attached—Exhibit A Schedule of Appropriations as approved by Budget Committee on May 9,2016 with adjustments made by council during the hearing on June 14,2016. SECTION 3: The City of Tigard City Council hereby imposes the taxes provided for in the adopted budget at the rate of$2.5131 per $1,000 of assessed value for its permanent rate tax; and in the amount of$2,360,000 for debt service on general obligation bonds; and that these taxes are hereby imposed and categorized for tax year 2016-17 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 Limit General Obligation Bond Debt Service $2,360,000 SECTION 4: This resolution is effective immediately upon passage. RESOLUTION NO. 16- Page 1 PASSED: This day of 2016. Mayor-City of Tigard ATI'E,ST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 2 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted General Fund Policy and Administration 837,595 0 837,595 Community Development 3,646,043 40,000 3,686,043 Community Services 22,689,234 385,137 23,074,371 Public Works 4,289,438 0 4,289,438 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 1,530,439 215,000 1,745,439 Capital Improvements 0 0 0 Contingency 1,173,000 0 1,173,000 34,165,748 640,137 34,805,885 Gas Tax Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 2,243,370 0 2,243,370 Debt Service 584,561 0 584,561 Loan to CCDA 0 0 0 Transfer 1,019,001 0 1,019,001 Capital Improvements 0 0 0 Contingency 200,000 0 200,000 4,046,932 0 4,046,932 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 307,899 0 307,899 Loan to CCDA 0 0 0 Transfer 334,668 0 334,668 Capital Improvements 0 0 0 Contingency 300,000 0 300,000 942,567 0 942,567 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 303,121 0 303,121 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 353,121 0 353,121 Building Fund Policy and Administration 0 0 0 Community Development 2,414,784 0 2,414,784 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 2,664,784 0 2,664,784 Criminal Forfeiture Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 150,000 0 150,000 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 2,744 0 2,744 Capital Improvements 0 0 0 Contingency 0 0 0 152,744 0 152,744 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 153,382 0 153,382 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 203,382 0 203,382 Parks Utility Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 2,275,582 85,000 2,360,582 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 100,000 0 100,000 2,375,582 85,000 2,460,582 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 103,100 0 103,100 Loan to CCDA 0 0 0 Transfer 1,536 0 1,536 Capital Improvements 0 0 0 Contingency 0 0 0 104,636 0 104,636 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council I;und 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 2,193,200 0 2,193,200 Loan to CCDA 0 0 0 Transfer 1,352 0 1,352 Capital Improvements 0 0 0 Contingency 0 0 0 2,194,552 0 2,194,552 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 16,794 0 16,794 Capital Improvements 315,000 0 315,000 Contingency 50,000 0 50,000 381,794 0 381,794 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 87,486 0 87,486 Capital Improvements 0 0 0 Contingency 250,000 0 250,000 337,486 0 337,486 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 249,339 0 249,339 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 299,339 0 299,339 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 313,900 0 313,900 Capital Improvements 1,985,000 0 1,985,000 Contingency 200,000 0 200,000 2,498,900 0 2,498,900 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 221,015 0 221,015 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 271,015 0 271,015 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 0 0 0 Capital Improvements 2,922,000 0 2,922,000 Contingency 0 0 0 2,922,000 0 2,922,000 Parks Bond 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 1,285,000 0 1,285,000 Capital Improvements 0 0 0 Contingency 0 0 0 1,285,000 0 1,285,000 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 CODA 0 0 0 Transfer 930,726 0 930,726 Capital Improvements 0 0 0 Contingency 100,000 0 100,000 1,030,726 0 1,030,726 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 200,000 0 200,000 Capital Improvements 7,172,044 0 7,172,044 Contingency 0 0 0 7,372,044 0 7,372,044 Sanitary Sewer Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 2,181,253 0 2,181,253 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 164,726 0 164,726 Capital Improvements 900,000 0 900,000 Contingency 400,000 0 400,000 3,645,979 0 3,645,979 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 1,999,819 0 1,999,819 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 215,286 0 215,286 Capital Improvements 862,000 0 862,000 Contingency 200,000 0 200,000 3,277,105 0 3,277,105 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 37,017 0 37,017 Capital Improvements 0 0 0 Contingency 50,000 0 50,000 87,017 0 87,017 Water Fund Policy and Administration 0 0 0 Community Development 0 0 0 Community Services 0 0 0 Public Works 7,249,963 0 7,249,963 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfer 10,917,509 0 10,917,509 Capital Improvements 0 0 0 Contingency 500,000 0 500,000 18,667,472 0 18,667,472 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 2,720,960 0 2,720,960 Capital Improvements 0 0 0 Contingency 100,000 0 100,000 2,820,960 0 2,820,960 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 51,935 0 51,935 Capital Improvements 10,346,000 0 10,346,000 Contingency 0 0 0 10,397,935 0 10,397,935 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 8,393,284 0 8,393,284 Loan to CCDA 0 0 0 Transfer 0 0 0 Capital Improvements 0 0 0 Contingency 0 0 0 8,393,284 0 8,393,284 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Central Services Fund Policy and Administration 8,041,081 0 8,041,081 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 250,000 0 250,000 8,291,081 0 8,291,081 Fleet/Property Management Fund Policy and Administration 1,911,913 130,000 2,041,913 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 1,986,913 130,000 2,116,913 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 270 0 270 Capital Improvements 0 0 0 Contingency 25,000 0 25,000 75,270 0 75,270 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council fund Program Proposed Changes Approved Changes Adopted 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 10,840,589 130,000 10,970,589 Community Development 6,060,827 40,000 6,100,827 Community Services 22,839,234 385,137 23,224,371 Public Works 20,239,425 85,000 20,324,425 Debt Service 11,582,044 0 11,582,044 Loan to CCDA 0 0 0 Transfer 20,858,206 215,000 21,073,206 Capital Improvements 24,502,044 0 24,502,044 Contingency 4,423,000 0 4,423,000 121,345,369 855,137 122,200,506 Exhibit B Technical Adjustments to the 2016- 17 Approved Budget Summary Below are Technical Adjustments. Technical Adjustments are changes to the Approved Budget that come as recommendations from staff. 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. City Operations #1. System Infrastructure Budgets-An additional appropriation is required to budget for system infrastructure work in the Capital Improvement Program. The system infrastructure budget accounts for staff time related to unidentified capital projects such as preliminary engineering work.A total of$241,699 is needed among the following funds: Stormwater Fund {$96,111};Sanitary Sewer Fund {$46,111};Parks SDC {$50,319};Water Fund {$49,158}. Reserves in the above-mentioned funds will decrease by their corresponding amounts. In addition,transfers from the Parks SDC Fund to the Parks Capital Fund will increase by $50,319,and$49,158 from the Water Fund to the Water CIP Fund. Stormwater Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,999,819 0 1,999,819 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 215,286 0 215,286 Capital Improvements 862,000 96,111 958,111 Contingency 200,000 0 200,000 Total Fund $3,277,105 $96,111 53,373,216 1 I Page Sanitary Sewer Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 2,181,253 0 2,181,253 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 164,726 0 164,726 Capital Improvements 900,000 46,111 946,111 Contingency 400,000 0 400,000 Total Fund $3,645,979 $46,111 $3,692,090 Parks SDC Fund Recommended Recommended Program Approved Council 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 930,726 50,319 981,045 Capital Improvements 0 0 0 Contingency 100,000 -50,319 49,681 Total Fund $1,030,726 $0 $1,30,726 Parks Capital Fund Recommended Recommended Program Approved Council 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 0 0 0 Capital Improvements 2,922,000 50,319 2,972,319 Contingency 0 0 0 Total Fund $2,922,000 $50,319 $2,972,319 2 I Page Water Fund Recommended Recommended Program Approved Council Change Adopted Policy &Admin. $0 $0 $0 Comm.Develop. 0 0 0 Comm. Services 0 0 0 Public Works 7,249,963 0 7,249,963 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 10,917,509 49,158 10,966,667 Capital Improvements 0 0 0 Contingency 500,000 0 500,000 Total Fund $18,667,472 $49,158 $18,716,630 Water CIP Fund Recommended Recommended Program Approved _ Council 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 51,935 0 51,935 Capital Improvements 10,346,000 49,158 10,395,158 Contingency 0 0 0 Total Fund $10,397,935 S49,158 $10,447,093 #2: Community Planning& Development Grant (CPDG) —In March 2016,the city was awarded a CPDG in the amount of$145,250 to implement the Tigard Triangle Strategic Plan. Implementation deliverables include a Streetscape Design,Opportunity Site Analysis,and an Urban Renewal Plan.A total of $36,250 was appropriated in the FY 2016 Adopted Budget.This adjustment will recognize the remaining revenue and expense of$109,000 in the Community Development program budget in FY 2017. General Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $837,595 $0 $837,595 Comm.Develop. 3,646,043 109,000 3,755,043 Comm. Services 22,689,234 0 22,689,234 Public Works 4,289,438 0 4,289,438 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 1,530,439 0 1,530,439 Capital Improvements 0 0 0 Contingency 1,173,000 (1 1,173,000 Total Fund $34,165,748 S109,H1 u) x34,274,748 #3: Limited Duration Risk Assistant—Risk Management A .50 fulltime equivalent (FTE) Limited Duration Risk Assistant position is being requested in order to replace staff reductions resulting from the retirement of a long term employee as well as the transfer of a full time position to the City Manager's office.As a result,Risk has gone from a staffing level of 2.30 FTE to a 1.50 FTE which makes it difficult to manage the on-going risk related duties and address complex caseloads. The additional .50 FTE Limited Duration Risk Assistant will help to meet the daily needs of the division as well as allow time to better assess the long-term needs of the department.The position will be partially paid by underfilling a 40 hours/week position at 32 hours/week in Human Resources. To pay the remainder of the 0.5FTE increase,a one-time transfer of$31,000 is being requested from the Insurance Fund that will be used to pay for the limited duration position. Transfers will increase with an increase in the Central Services Fund of$41,168 in the Policy and Administration program expenditures. Insurance Fund Recommended Recommended Program _ Approved Council Change _Adopted Policy&Admin. $50,000 $0 $50,000 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 270 31,000 31,270 Capital Improvements 0 0 0 Contingency 25,000 --'="),000 (J '!'Oral Fund $75,270 SOH H) 581,270 Central Services Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $8,041,081 $41,168 $8,082,249 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 250,000 0 250,000 Total Fund $8,291,081 $41,168 $8,332,249 4IPagc Capital Improvement Program (CIP) — Carry forwards Carry forwards are items that are budgeted in FY 2015-16,but will not be completed during the fiscal year. Since the budget for these items is not fully expended,the ending fund balance in FY 2015-16 is higher by the amount of unexpended budget. This then creates a higher beginning fund balance for FY 2016-17. The additional beginning fund balance is the resource that offsets the added expenditure in FY 2016-17. These items do not impact the ending fund balance for FY 2016-17. #1. Streets System A carry forward totaling$88,000 is required to pay for the continued widening of the roadway along with the replacement of the waterline for the 95023-Walnut Street Improvements project.As a result, the beginning fund balance within the following funds will increase: Gas Tax {$5,280},Underground Utility {$74,800}, Stormwater {$5,280},and Water {$2,640}. In turn,transfers will increase with an increase in capital program expenditures by$88,000 in the Transportation CIP fund. Underground Utility Fund Recommended Recommended Program Approved Council 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 249,339 74,800 324,139 Capital Improvements 0 0 0 Contingency 50,000 -50,000 0 Total Fund $299,339 $24,800 $324,139 Gas Tax Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 2,243,370 0 2,243,370 Debt Service 584,561 0 584,56 Loan to CCDA 0 0 0 Transfers 1,019,001 5,280 1,024,281 Capital Improvements 0 0 0 Contingency 200,000 0 200,000 Total Fund $4,046,932 $5,280 $4,052,212 51 Stormwater Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm.Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,999,819 0 1,999,819 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 215,286 5,280 220,566 Capital Improvements 862,000 0 862,000 Contingency 200,000 0 200,000 Total l fund S3,277,105 $5,280 $3,282,385 Water Fund Recommended Recommended Program Approved __ __CouncilChange Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 7,249,963 0 7,249,963 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 10,917,509 2,640 10,920,149 Capital Improvements 0 0 0 Contingency 500,000 0 5011,000 'Total Fund Si8,667,472 $2,640 518,670,112 Transportation CIP Fund Recommended Recommended Program _ __ _ Approved Council 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 200,000 0 200,000 Capital Improvements 7,172,044 88,000 7,260,044 Contingency 0 0 0 Total I fund 57,372,044 $88,000 $7,460,044 61Page #2. Parks System A carry forward of a $33,000 Department of Environmental Quality (DEQ) grant is being requested for work on the 92016-03-Oak Savanna Overlook at Dirksen Nature Park. In addition,a total of$105,000 is being carry forward from FY 2016 into FY 2017 for the 92046-Fanno Creek Trail Connection project that was awarded the $4.4M Regional Flexible Funds (RFFA) grant.As a result, the beginning fund balance in the Parks SDC fund will increase by$105,000.Transfers will increase. Capital program expenditures will increase by$138,000 within the Parks Capital Fund. Parks SDC Fund Recommended Recommended Program Approved Council 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 930,726 105,000 1,035,726 Capital Improvements 0 0 0 Contingency 100,000 -2,000 98,000 Total Fund $1,030,726 $103,000 41,133,26 Parks Capital Fund Recommended Recommended Program Approved Council 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 0 0 0 Capital Improvements 2,922,000 138,000 3,060,000 Contingency 0 0 0 1`Otal Fund 952,922,000 $138,000 S3,060,00(1 7IPage #3. Sanitary Sewer System A total of$214,000 is being carried over for the 93013-East Tigard Sewer Replacement project {$45,000}; and the 93054-Walnut Street Sanitary Sewer project {$169,000}.As a result, the beginning fund balance in the Sanitary Sewer Fund will increase by$214,000 with an equal increase in capital program expenditures. Sanitary Sewer Fund Recommended Recommended Program Approved Council Change AdQpIgil Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 2,181,253 0 2,181,253 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 164,726 0 164,726 Capital Improvements 900,000 214,000 1,264,000 Contingency 400,000 0 400,000 Total Fund $3,645,979 $214,000 $3,859,979 #4. Stormwater System A carryover of$92,500 is needed to continue construction of the storm drainage system for the 94033- Canterbury Lane Storm Line Upgrade project.This action will show an increase in the beginning fund balance by$92,500 in the Stormwater Fund with an equal increase in capital program expenditures. Stormwater Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,999,819 0 1,999,819 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 215,286 0 215,286 Capital Improvements 862,000 92,500 954,500 Contingency 200,000 0 200,000 Total Fund t-,3,17-,1(6 $92,500 $3,369,605 8IPagc #5. Water System The 96046-Red Rock Creek Waterline Relocation project requires a carry forward of$37,000 for continued design work.As a result,the beginning fund balance within the Water Fund will increase by$37,000. Transfers will increase with an increase in capital expenditures of$37,000 in the Water CIP Fund. Water Fund Recommended Recommended Program Approved Council Change Adopted Policy&Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 7,249,963 0 7,249,963 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 10,917,509 37,000 10,954,509 Capital Improvements 0 0 0 Contingency 500,000 0 500,000 Total Fund $18,667,472 $37,000 $18,704,472 Water CIP Fund Recommended Recommended Program Approved Council 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 51,935 0 51,935 Capital Improvements 10,346,000 37,000 10,383,000 Contingency 0 0 0 Total Fund $10,397,935 $37,000 $10,434,935 9 I Psi ;>c FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 95023 Walnut Street Improvements A total of 588,000 in additional appropriation is required to pay for the replacement of a cast iron waterline for the project. Recommended Approved Adopted Budget Recommended Budget Projected Projected Projected Projected Projected FY 2017 Council Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses Design and Engineering - - - - - - - - - Project Management 50,000 14,000 64,000 6,000 - - I - - 70,000 Construction Management - - - - - - - - - Total 50,000 14,000 64,000 6,000 - - - - 70,000 External Expenses Public Involvement - - - - Land/Right of Way Acquisition - - - - - - - - - Design and Engineering - - - - - - - - - Construction 150,000 74,000 224,000 - - - - - 224,000 Project Estimate - - 80,000 - - - - 80,000 Contingency 88,000 - 88,000 - - - - - 88,000 Total 238,000 74,000 312,000 80,000 - - - - 392,000 Total Project Expense 288,000 88,000 376,000 I 86,000 I - I - - I - 462,000 Revenue Funding Source Gas Tax 17,280 5,280 22,560 5,160 - - - - 27,720 Underground Utility 244,800 74,800 319,600 73,100 - - - - 392,700 Stormwater 17,280 5,280 22,560 5,160 - - - - 27,720 Water 8,640 2,640 11,280 2,580 - - - - 13,860 Total 288,000 88,000 376,000 86,000 - - - - 1 462,000 Other Revenue Source Total - I - - - - - - - I - Total Project Revenues 288,000 88,000 376,000- 86,000 - - - - 462,000 Page 1 of 7 FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 92016-03 Dirksen Nature Park-Oak Savanna Overlook A total of$33,000 of grant funding from the Department of Environmental Quality(DEQ)is being carried over from FY 2016 to FY 2017. Recommended Approved Recommended Adopted Budget Council Budget Projected Projected Projected Projected Projected FY 2017 Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses i Design and Engineering - - - - - - - - Project Management 15,000 - 15,000 - - - - - 15,000 Construction Management - - - - - - - - Total 15,000 - 15,000 - - - - - I 15,000 External Expenses Public Involvement - - - - - - - - Land/Right of Way Acquisition - - - - - - - - Design and Engineering - - - - - - 1 - Construction 31,000 33,000 64,000 - - - - - 64,000 Contingency 9,000 - 9,000 - - - - - 9,000 Total 40,000 33,000 73,000 - - - I - - 73,000 1 Total Project Expense 55,000 1 33,000 88,000 I - - I - - I - 88,000 Revenue Funding Source Stormwater 15,000 - 15,000 - - - - - 15,000 Total 15,000 - 15,000 - - - - - 1 15,000 Other Revenue Source Dept.of Environmental Quality - 33,000 33,000 - - - - - 33,000 Nature in Neighborhoods 40,000 - 40,000 - - - I - - 40,000 Total 40,000 33,000 73,000 - - - - - 73,000 Total Project Revenues 55,000 33,000 88,000 - - - - - 88,000 Page 2 of 7 FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 92046 Fanno Creek Trail Connection RFFA A total of$105,000 of unspent budget is being carried over from FY 2016 to FY 2017. Recommended Approved Recommended Adopted Budget Council Budget Projected Projected Projected Projected Projected FY 2017 Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses Design and Engineering - - - - - - - Project Management 100,000 20,000 120,000 80,000 30,000 - - - 230,000 Construction Management - - - - - - - - Total 100,000 20,000 120,000 80,000 30,000 - - - 230,000 External Expenses Public Involvement - - - - - - - - - Land/Right of Way Acquisition 150,000 - 150,000 - - - - - 150,000 Design and Engineering 150,000 85,000 235,000 - - - - - 235,000 Construction - - - - - - - - - Environmental Permit Compliance - 30,000 15,000 15,000 15,000 75,000 Project Estimate - - - 255,000 - - - - 255,000 Total 300,000 85,000 385,000 255,000 30,000 15,000 , 15,000 15,000 715,000 Total Project Expense 400,000 105,000 I 505,000 I 335,000 60,000 I 15,000 15,000 I 15,000 1 945,000 Revenue Funding Source Park SDC 400,000 105,000 505,000 335,000 60,000 15,000 15,000 15,000 945,000 Total 400,000 105,000 505,000 335,000 60,000 15,000 15,000 15,000 I 945,000 Other Revenue Source Total - - - - - - - - - I Total Project Revenues 400,000 105,000 505,000 335,000 60,000 15,000 15,000 15,000 945,000 Page 3 of 7 FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 93013 East Tigard Sewer Replacement A total of$45,000 of unspent budget in FY 2016 is required for FY 2017. I Recommended Approved Recommended Adopted Budget Council Budget Projected Projected Projected Projected Projected FY 2017 Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses Design and Engineering - i - - - - - - - Project Management 35,000 - 35,000 61,000 - - - - 96,000 Construction Management - - - - - - - - - Total 35,000 - 35,000 61,000 - - - - 96,000 External Expenses Public Involvement - - - - - - - - - Land/Right of Way Acquisition 180,000 - 180,000 - - - - 180,000 Design and Engineering 11,000 45,000 56,000 17,000 - - - - 73,000 Construction 96,000 - 96,000 864,000 - - - - 960,000 Environmental Permit Compliance 10,000 7,000 7,000 7,000 10,000 41,000 Contingency 50,000 - 50,000 115,000 - . - - - 165,000 Total 337,000 45,000 382,000 1,006,000 7,000 7,000 7,000 10,000 1,419,000 I 1 I Total Project Expense 372,000 I 45,000 I 417,000 I 1,067,000 I 7,000 I 7,000 7,000 I 10,000 I 1,515,000 Revenue Funding Source Sanitary Sewer 34,000 - 34,000 61,000 7,000 7,000 7,000 10,000 126,000 Total 34,000 - 34,000 61,000 7,000 7,000 7,000 10,0001 126,000 Other Revenue Source Clean Water Services 338,000 45,000 383,000 1,006,000 - - - - 1,389,000 Total 338,000 1 45,000 383,000 1,006,000 - - - - 1,389,000 1 Total Project Revenues 372,000 45,000 417,000 1,067,000 7,000 7,000 7,000 10,000 1,515,000 Page 4 of 7 FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 93054 Walnut Street Sanitary Sewer An additional appropriation of$169,000 is needed to continue construction of a sewer line on the project. Recommended Approved Recommended Adopted Budget Council Budget Projected Projected Projected Projected Projected FY 2017 Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses Design and Engineering - - - - - - - - - Project Management 14,000 19,000 33,000 - - - - - 33,000 Construction Management - - - - I - - - - Total 14,000 19,000 33,000 - - - - - 33,000 External Expenses Public Involvement - - - - - - - - - Land/Right of Way Acquisition - - - - - - - Design and Engineering - 20,000 20,000 - - - - - 20,000 Construction 150,000 130,000 280,000 - - - - - 280,000 Environmental Permit Compliance - - - - - - - Contingency 54,000 - 54,000 - - - - - 54,000 Total 204,000 150,000 354,000 - - - - - 354,000 1 Total Project Expense 218,000 I 169,000 I 387,000 I - I - I - - I - I 387,000 Revenue Funding Source Sanitary Sewer 218,000 169,000 j 387,000 - - - - - 387,000 Total 218,0001 169,000 387,000 - - - - - 387,000 Other Revenue Source Total - - - - - - - - - Total Project Revenues 218,000 169,000 1 387,000 - - - - - 387,000 Page 5 of 7 FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 94033 Canterbury Lane Storm Line Upgrade A carryforward of unspent budget in the amount of$92,500 in FY 2016 is needed in FY 2017 to complete the project. Recommended Approved Adopted Budget Recommended Budget Projected Projected Projected Projected Projected FY 2017 Council Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses Design and Engineering - - - - - - - - - Project Management 55,000 30,000 85,000 - - - - - 85,000 Construction Management - - - - - - - - - Total 55,000 30,000 85,000 - - - - - 85,000 External Expenses Public Involvement - - - - - - - - Land/Right of Way Acquisition - - - - - - - - - Design and Engineering - 60,000 60,000 - - - - - 60,000 Construction 195,000 2,500 197,500 - - - - - 197,500 Environmental Permit Compliance - - - - - - - - Contingency 65,000 - 65,000 - - - - - 65,000 Total 260,000 62,500 322,500 - - - - - 322,500 I 1 I I 1 Total Project Expense 315,000 I 92,500 407,500 I - I - I I 407,500 Revenue Funding Source Stormwater 315,000 92,500 407,500 - - - - - 407,500 Total 315,000 92,500 407,500 - - - - - 407,500 Other Revenue Source Total - 1 - - - - - - - - Total Project Revenues 315,000 92,500 407,500 - - - - - 407,500 Page 6 of 7 FY 2016-17 Technical Adjustments-Capital Improvement Program Exhibit C 96046 Red Rock Creek Waterline Relocation A total of$37,000 of unspent budget in FY 2016 is being carried forward into FY 2017. Recommended Approved I Recommended' Adopted Budget Council 1 Budget Projected Projected Projected Projected Projected FY 2017 Change FY 2017 2018 2019 2020 2021 2022 Project Total Internal Expenses Design and Engineering - - - - - - - - Project Management 30,000 - 30,000 5,000 - - - - 35,000 Construction Management - - - - - - I - - - Total 30,000 - 30,000 5,000 - - - - 35,000 External Expenses I Public Involvement - - - - - - - - - Land/Right of Way Acquisition 37,000 - 37,000 - - - - - 37,000 Design and Engineering 20,000 37,000 57,000 - - - - - 57,000 Construction 182,000 - 182,000 46,000 - - - - 228,000 Project Estimate - - - - - - - - Contingency 48,000 - 48,000 12,000 - - - - 60,000 Total 287,000 37,000 324,000 58,000 , - - - - 382,000 I I 1 I 1 Total Project Expense 317,000 37,000 354,000 I 63,000 - I - - I I 417,000 Revenue Funding Source • Water 317,000 37,000 354,000 63,000 - - - - 417,000 Total 317,000 37,000 354,000 63,000 - - I - - 417,000 Other Revenue Source - Total - - - - - - I - - 1 - Total Project Revenues 317,000 37,000 354,000 63,000 - - - - 417,000 Page 7 of 7 City of Tigard TIGARD Memorandum To: Honorable Mayor and Council From: Toby LaFrance, Finance and Information Systems Director Re: General Fund Forecast and Reserves based on Approved FY2017 Budget Date: June 14,2016 During the Budget Committee meeting on May 9, 2016, the committee approved the FY 2017 Budget,including options for use of the$900,000 of available General Fund resources. The committee determined that the resources should be shared between: 1. Adding 3 Police Patrol Officers. 2. A building condition assessment to aide in a future capital facilities bond. 3. Replacing the aging irrigation system in Summer Lake Park with the larger issue of deferred parks maintenance to be included in a local option levy. 4. Funding the Tigard Downtown Association with future council action on a transient lodging tax to fund the expenditure. 5. A short-term fix on the Police roof with the long-term fix being included in a facilities bond. 6. General Fund Reserves funded at a level that maintains a General Fund fund balance that is at least$1,000,000 over the minimum cash reserve of 25% of the operating budget. For FY 2017, $300,000 of the $900,000 will go to reserves. After making $260,000 of one-time expenditures in FY 2017, the amount going to reserves will increase to $560,000 annually. The result is a reserve that is $1.8 million over the minimum cash reserve. This is shown in the table on the following page. The following table and chart summarizes decision and impact of the Budget Committee's Approved FY 2017 Budget. The table outlines the additional expenditures added to the Proposed Budget. The expenditures are broken out by ongoing and one-time to total$600,000 in new appropriations in FY 2017. The remaining$300,000 of the $900,000 made available by creation of the Park and Recreation Fee will go to help maintain General Fund reserves. By FY 2018, the $260,000 of one-time expenditures will be completed. Without known programming of the $260,000, this amount will also go to reserves. The end result is a 6-Year General Fund Forecast that results in a reserve that exceeds the minimum cash reserve by$1.8 million. This maintains both the needed cash reserve and the $1,000,000 Rainy Day Reserve. The resulting forecast is displayed in the table and chart on the following page. The annual reserve amount is shown in the blue bars at the bottom of the chart. The minimum cash reserve is displayed by the orange line that is just below the tops of the blue reserve bars. Budget Committee Decisions on Allocation of$900K Made Available by Creation of Parks and Recreation Fee Approved Allocation of Available $900K Ongoing One-Time Total FY2017 Additional Expenditures Police Officers 340,000 45,000 385,000 Building Condition Assessment - 75,000 75,000 Summer Lake Park Irrigation - 85,000 85,000 Tigard Downtown Association 40,000 - 40,000 Police Roof - 55,000 55,000 Total Expenditures 380,000 260,000 640,000 Additional Revenues Transient Lodging Tax 40,000 40,000 Net Increase to FY2017 600,000 Amount for GF Reserves in FY2017 300,000 Amount for GF Reserves in Future FY 560,000 Forecasted FY 2022 GF Reserves over Minimum Cash Reserve Requirement 1,800,000 General Fund Forecast Based on Approved FY 2017 Budget 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Current Expenditures 27.1 28.6 30.9 32.9 32.5 33.4 34.7 36.0 37.5 38.9 Current Revenues 29.5 302 31.5 32.7 33.5 33.0 34.6 35.8 37.2 38.6 Required EFB for Next Year 6.6 7.2 7.6 7.5 7.7 8.0 8.3 8.7 9.0 9.0 Ending Fund Balance(EFB) 9.7 11.4 12.0 11.1 12.1 11.7 11.6 11.4 11.1 10.8 General Fund Forecast Financial Forecast Based on FY 2017 Approved Budget 45 - 40 - 35 - ......-.---- 30 N o 25 - 3 20 - art 15 - 10 5 0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 MI Ending Fund Balance(EFB) Current Expenditures Current Revenues .- .Required EFB for Next Year Should council decide to make changes to the approved budget without also adding resources to fund the changes, the following table outlines the impact to the forecasted fund balance in $25,000 increments. In the left column is the amount allocated to ongoing services. The subsequent columns show the amount of General Fund reserves in excess of the required minimum for each of the forecasted fiscal years. The first row has no change and represents the FY 2017 Approved Budget. When the amount of forecasted reserve reaches, or drops below, the Rainy Day Reserve policy of$1 million in excess of the minimum reserve requirement, the amount is highlighted in orange. Ongoing Services Forecasted Reserve over Required Minimum- Based on Changes to Approved Added to FY 2017 2017 2018 2019 2020 2021 2022 - 4,400,000 3,700,000 3,200,000 2,700,000 2,100,000 1,800,000 25,000 4,400,000 3,600,000 3,200,000 2,600,000 2,000,000 1,600,000 50,000 4,300,000 3,600,000 3,100,000 2,500,000 1,800,000 1,500,000 75,000 4,300,000 3,500,000 3,000,000 2,400,000 1,700,000 1,300,000 100,000 4,300,000 3,500,000 2,900,000 2,300,000 1,600,000 1,100,000 125,000 4,300,000 3,400,000 2,800,000 2,200,000 1,400,000 150,000 4,200,000 3,300,000 2,700,000 2,100,000 1,300,000 175,000 4,200,000 3,300,000 2,700,000 2,000,000 1,100,000 200,000 4,200,000 3,200,000 2,600,000 1,800,000 225,000 4,100,000 3,200,000 2,500,000 1,700,000 250,000 4,100,000 3,100,000 2,400,000 1,600,000 The General Fund Reserves played an important role in helping the city maintain services during the first two years of the last recession. Unfortunately, due to the depth and duration of the recent Great Recession, additional service cuts were needed after the first two years and the city has yet to recover to pre-recession service levels. While it is unlikely that we will experience another Great Recession,it is entirely possible that another economic slowdown will occur during the forecast period of the next six years and our reserves will again play an important role in maintaining services to Tigard residents and businesses. During the Budget Committee deliberations, many service level increases were considered, but few were able to be funded in the limited $900,000 available. There were particularly difficult decisions around recreation services and the number of police officers to add to patrol. The city has revenue opportunities that align with these services. In particular, the city could choose to increase the Park and Recreation Fee to pay for recreation. The city will be placing the marijuana tax on the November 2016 ballot which could be used to pay for law enforcement in the form of an additional officer. Thirdly,Tigard currently plans to place a local option levy on the ballot in November 2017. That is another opportunity to pay for these important services. By matching further service increases to additional revenues now,Tigard will be in a better position to maintain reserves in the future. AGENDA ITEM No. 11 Date: June 14, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ADOPTION OF 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. 11 Date: June 14, 2016 PLEASE PRINT Proponent- (Speaking In Favor) Opponent- (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. t c:b1�v1�� i CILg1221 4 �/ )tuV►c yeti 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-2708 12. Business Meeting Meeting Date: 06/14/2016 Length (in minutes): 10 Minutes Agenda Title: INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF FOURTH QUAR1'hR SUPPLEMENTAL BUDGET Prepared For: Carissa Collins Submitted By: Carol Krager, Central Services Item Type: Resolution Meeting Type: Council Public Hearing-Informational Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication 06/09/2016 Date in Newspaper: Information ISSUE Should Council adopt the FY 2016 Fourth Quarter Budget Supplemental? STAFF RECOMMENDATION / ACTION REQUEST Approve the FY 2016 Fourth Quarter Budget Supplemental KEY FACTS AND INFORMATION SUMMARY A budget amendment is needed to address some budget cleanup items related to the following funds:Transportation Development Tax (IUT),and the Parks SDC Fund. These funds are used to account for expenditures associated with capital program improvements. TDT and Park SDC's are charged when a building permit is issued on any new residential,multi-family,and commercial construction. The city is assessed bank fees when an applicant uses a credit card to pay for these building permits.An additional appropriation totaling$4,000 is needed for higher than anticipated credit card fees in the Transportation Development Tax for$2,000 and Parks SDC for$2,000. OTHER ALTERNATIVES Do not approve the FY 2016 Fourth Quarter Supplemental Budget COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $4,000 Budgeted (yes or no): No Where Budgeted (department/program): CD Additional Fiscal Notes: The total impact of this amendment will increase the FY 2016 Adopted Budget by approximately$4,000. Although,the supplemental consists of increased expenditures,they are offset by contingency. Exhibits A contains the details of budgetary items to the impacted fund. Exhibit B summarizes the items by fund. Attachments Resolution Exhibit A Exhibit B AgendaQuick©2005-2016 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON SUPPLEMENTAL PACKET TIGARD CITY COUNCIL FOR RESOLUTION NO. 16- (DATE OF MEETING) A RESOLUTION TO AMEND THE FY 2016 ADOPTED BUDGET TO ACHIEVE THE FOLLOWING:BUDGET ADJUSTMENTS IN THE CAPITAL IMPROVEMENT PROGRAM. WHEREAS, the city acknowledges those items that were unknown at the time the FY 2016 Budget was adopted;and WHEREAS, the city recognizes approximately $18,400 of unanticipated expenditures within the capital improvement program;and WHEREAS,the city acknowledges that the increase in unanticipated expenditures are offset by contingency. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The FY 2015-16 Budget is hereby amended as detailed in Exhibit A. SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard A FI EST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 FY 2016 Fourth Quarter Budget Supplemental Exhibit A Amended FIS 01.Credit Card Fees-Budget Cleanup The FY 2016 Adopted Budget allocates a total of$6,800 for credit cards fees in both the Transportation Development Tax(TDT)and Parks SDC funds. A total of$9,200 is needed in each fund for the continued use of credit card fees until fiscal year end.As a result,contingency within the Parks SDC and TDT Funds will decrease by$9,200 with an equal increase capital program expenditures. Q3 Q4 Revised Revised Budget. Amendment Budget Transportation Development Tax Fund Resources Beginning Fund Balance $ 1,122,633 $ 1,122,633 PropertyTaxes $ - $ - Franchise Fees - Licenses&Permits $ 700,000 $ 700,000 Intergovernmental - Charges for Services - Fines&Forfeitures $ - $ - Interest Earnings $ 11,279 $ 11,279 Miscellaneous $ $ - Other Financing Sources S - S - 'l r.msScrs In from Othur Funds S - S - Total Resources $ 1,833,912 $ - $ 1,833P12 Requirements Community Development S - S - Community Services S S Policy and Administration $ - s Public Works $ - Program Expenditures Total $ - $ - $ - Debt Service $ - S - Loans - Work-In-Progress $ 6,800 $ 9,200 $ 16,000 Transfers to Other Funds $ 536,690 $ 536,690 Contingency - S 250,000 $ (9,200) $ 240,800 Total Budget $ 793,490 $ - $ 793,490 Reserve For Future Expenditure $ 1,040,422 $ - $ 1,040,422_ Total Requirements $ 1,833,912 $ - $ 1,833,912 I:\FIN\Budget 16\Amendments\Q4\Exhibit A_AmendedExhibit A_AmendedFlS1 1 FY 2016 Fourth Quarter Budget Supplemental Exhibit A Amended FIS 01.Credit Card Fees-Budget Cleanup The FY 2016 Adopted Budget allocates a total of$6,800 for credit cards fees in both the Transportation Development Tax(FDT)and Parks SDC funds. A total of$9,200 is needed in each fund for the continued use of credit card fees until fiscal year end.As a result,contingency within the Parks SDC and TDT Funds will decrease by$9,200 with an equal increase capital program expenditures. Q4 Adopted Revised Budget Amendment Budget Parks SDC Fund Resources Beginning Fund Balance $ 1,000,054 $ 1,000,054 Property Taxes $ - - Franchise Fees $ - S - Licenses&Permits $ 478,027 $ -178,1027 Intergovernmental $ - S - Charges for Services - Fines&Forfeitures - Interest Earnings $ 19,782 $ 19,782 Miscellaneous S - $ - Other Financing Sources S S - Transfers In from Other Funds S - S - Total Resources $ 1,497,863 $ - $ 1,497,863 Requirements Community Development - Program Expenditures Total $ - $ - $ - Debt Service - Loans - Work-In-Progress $ 6,800 $ 9,200 $ 16,000 Transfers to Other Funds S 1,200,414 $ 1,200,414 Contingency S - 80,000 S (9,200) S 70,800 Total Budget $ 1,287,214 $ - $ 1,287,214 Reserve For Future Expenditure $ 210,649 $ - $ 210,649 Total Requirements $ 1,497,863 $ - $ 1,497,863 I:\FIN\Budget 16\Amendments\Q4\Exhibit A_AmendedExhibit A_AmendedFlS1 2 FY 2016 Fourth Quarter Supplemental Exhibit-B Summary of Budget Changes Amended Q3 Q4 Revised Revised Budget Amendment Budget Affected City Funds Resources Beginning Fund Balance $ 2,122,687 $ - $ 2,122,687 Property'faxes $ - S - S - Franchise Fees $ - $ - S - Special Assessments $ - $ - $ - Licenses&Permits $ 1,178,027 $ - $ 1,178,027 Intergovernmental $ - $ - $ - Charges for Services $ - $ - $ - Fines&Forfeitures $ - $ - $ - Interest Earnings $ 31,061 $ - $ 31,061 Miscellaneous $ - $ - $ - Other Financing Sources $ - $ - $ - Transfers In from Other Funds $ - $ - S - Total Resources $ 3,331,775 $ - $ 3,331,775 Requirements Community Development S - $ - $ - Community Services S - $ - $ - Policy&Administration S - $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - $ - Loans $ - $ - $ - Work-In-Progress $ 13,600 $ 18,400 $ 32,000 Transfers to Other Funds $ 1,737,104 $ - $ 1,737,104 Contingency S 330,000 S (18,400) S 311,600 Total Budget $ 2,080,704 $ - $ 2,080,704 Reserve For Future Expenditure $ 1,251,071 $ - $ 1,251,071 Total Re•uirements $ 3 3 775 $ - $ 3,331,775 1 of 3 FY 2016 Fourth Quarter Supplemental Exhibit-B Summary of Budget Changes Amended Q3 Q4 Revised Revised Budget Amendment Budget Transportation Development Tax Fund Resources Beginning Fund Balance $ 1,122,633 $ - $ 1,122,633 Property Taxes S - $ - $ - Franchise Fees S - $ - $ - Special Assessments S - $ - $ - Licenses&Permits S 700,000 $ - $ 700,000 Intergovernmental S - $ - $ - Charges for Services S - $ - $ - Fines&Forfeitures S - $ - $ - Interest Earnings S 11,279 $ - $ 11,279 Miscellaneous $ - $ - $ - Other Financing Sources $ - $ - $ - Transfers In from Other Funds S - S - S - Total Resources $ 1,833,912 $ - $ 1,833,912 Requirements Community Development S - S - $ - Community Services S - $ - $ - Policy and Administration S - $ - $ - Public Works S - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service S - $ - $ - Loans S - S - $ - Work-In-Progress S 6,800 S 9,200 $ 16,000 Transfers to Other Funds $ 536,690 $ - $ 536,690 Contingency S 250,000 $ (9,200) $ 240,800 Total Budget $ 793,490 $ - $ 793,490 Reserve For Future Expenditure $ 1,040,422 $ - $ 1,040,422 Total Requirements $ 1,833,912 $ - $ 1,833,912 2 of 3 FY 2016 Fourth Quarter Supplemental Exhibit-B Summary of Budget Changes Amended Q4 Adopted Revised Budget Amendment Budget Parks SDC Fund Resources Beginning Fund Balance $ 1,000,054 $ - $ 1,000,054 Property Taxes S - $ - $ - I;ranchise Fees $ - $ - $ - Special Assessments $ - $ - $ - Licenses&Permits $ 478,027 $ - $ 478,027 Intergovernmental $ - $ - $ - Charges for Services $ - $ - $ - Fines&Forfeitures $ - $ - $ - Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ - $ - $ - Other Financing Sources $ - $ - $ - Transfers In from Other Funds S - $ - $ - Total Resources $ 1,497,863 $ - $ 1,497,863 Requirements Community Development $ - $ - $ - Community Services $ - $ - $ - Policy and Administration $ - $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - $ - Loans $ - $ - $ - Work-In-Progress $ 6,800 $ 9,200 $ 16,000 Transfers to Other Funds $ 1,200,414 $ - $ 1,200,414 Contingency $ 80,000 $ (9,200) $ 70,800 Total Budget $ 1,287,214 $ - $ 1,287,214 Reserve For Future Expenditure $ 210,649 $ - $ 210,649 Total Requirements $ 1,497,863 $ - $ 1,497,863 3 of 3 AGENDA ITEM No. 12 Date: June 14, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER APPROVAL OF FOURTH QUARTER SUPPLEMENTAL BUDGET Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 12 Date: June 14, 2016 PLEASE PRINT Proponent- (Speaking In Favor) Opponent-(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. City of Tigard, Oregon Affidavit of Posting TIGAR14 In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City off/Tigard ) I, f� ��L U ✓j ,being first duly sworn (or affirmed),by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places,a copy of Ordinance Number(s) /b—/ Q ,which were adopted at the City Council meeting of 60 -/ q-2 0/In with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the / day of c .20 /�D 1.Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3.Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon Signature of 1qrson who Pe formed Posting Subscribed and sworn (or affirmed) before me this-- day of 20-4L i Si e of Notary ublic fZr Oregon OFFICIAL STAMP 11 CAROL ANN KRAGER 0,15. NOTARY PUBLIC - OREGON COMMISSION NO. 924954 .aa�,�myvu�ms�ostwamao�ezooe.aoe MY commiSSINN EXPIRES FEBRUARY 10 2018 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16-10 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING CREDITS FOR AND PAYMENT OF SYSTEM DEVELOPMENT CHARGES WHEREAS, through Ordinance 15-08, the City Council adopted revisions to Tigard Municipal Code Chapter 3.24 and a Transportation System Development Charge (SDC);and WHEREAS,through Ordinance 15-09,the City Council adopted a Parks SDC;and WHEREAS, in the implementation of the Transportation and Parks SDCs, it became necessary to amend and clarify certain provisions related to the availability of SDC credits for River Terrace neighborhood parks and River Terrace Boulevard, and deferral of Transportation SDC payments for multi-family developments citywide. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 3.24 of the Tigard Municipal Code is hereby amended, as provided in Exhibit A. SECTION 2: This ordinance shall be effective 30 days after passage by the Council. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. PASSED: By U1174Mi in 044---' vote of all council members present after being read by number and title only,thisi of QL4 day L7 2016. 4 '7 Carol A. Krager,City Recorder APPROVED: By Tigard City Council this I,-/ /.,-day of Q&—ZqLle -- '2016. Ai Jo Cook,Mayor Ap rpv d as to City M/tey — (. I j Date I Ordinance No. .16 50014-36799 SDC Code Amembnent Ord,nance_FINAL,DOCXCAkl6'612016 TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments(Underline/Strikeout Version) Amendment#1 3.24.120 Credits G. In calculating improvement fee credits for the River Terrace Overlay portion of the city's park SDC only,an improvement fee credit shall be given as follows: 1. For the cost of a bonded or completed qualified public improvement Pursuant to Section 3.24.120.13. 2. Notwithstanding Section 3.24.120.13.1,for a neighborhood park that is accepted by the city; shown in the River Terrace Park System Master Plan:and determined to meet the city's minimum level of service standards and design guidelines as described in the Tigard Park System Master Plan, regardless of whether the Park was imposed as a condition of development approval. The credit shall include both the costs of meeting and exceeding the citv's minimum standards to the extent needed to serve the applicant's new development The amount of the credit shall be limited to the actual reasonable costs approved by the city based upon the location of the park, level of service, park features,and consistency with the city's adopted Park System Master Plans. H. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the city. I. Section 3.24.120.G shall apply to parks completed after lanuary 1 2016. J. A credit issued under 3.24.120.Gmay be applied only to the River Terrace Overlay SDC is not a credit against the citywide park SDC,and is not transferable to properties outside of the River Terrace Community Plan area. Amendment#2 3.24.120 Credits K. In addition to Section 3.24.120.13.1,the cost of constructing River Terrace Boulevard is 50%credit eligible for city-approved local street elements and 100%credit eligible for city-approved over- capacity street elements. TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments(Underline/Strikeout Version) Amendment#3 3.24.090 Collection of Charge C. The administrator shall collect the applicable SDC from the permittee.The administrator shall not issue such permit or allow such connection until the charge has been paid in full;;deferral has been approved pursuant to Section 3.24.090.D;eF aRIess aA exemption is has been granted pursuant to Section 3.24.110;1 or unless provision for installment payments has been made,pursuant to Section 3.24.100,which follows. D. Notwithstanding subsection A of this section the permittee may apply for a deferral of Pavment of the transportation SDC to occupancy. Deferral may only be granted in cases where the amount due exceeds the amount of transportation SDC on a single family detached residence The request must be made in writing to the Administrator no later than the time of application for a building permit The Administrator shall grant deferral of the transportation SDC; however,any deferred charge shall be paid in full prior to the issuance of an occupancy permit The amount of transportation SDC due on deferred obligations shall be the amount in effect at the time of issuance of the occupancy permit. TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments(Clean Version) Amendment#1 3.24.120 Credits G. In calculating improvement fee credits for the River Terrace Overlay portion of the city's park SDC only,an improvement fee credit shall be given as follows: 1. For the cost of a bonded or completed qualified public improvement, pursuant to Section 3.24.120.B. 2. Notwithstanding Section 3.24.120.B.1,for a neighborhood park that is accepted by the city; shown in the River Terrace Park System Master Plan;and determined to meet the city's minimum level of service standards and design guidelines as described in the Tigard Park System Master Plan, regardless of whether the park was imposed as a condition of development approval. The credit shall include both the costs of meeting and exceeding the city's minimum standards to the extent needed to serve the applicant's new development. The amount of the credit shall be limited to the actual reasonable costs approved by the city based upon the location of the park, level of service, park features,and consistency with the city's adopted Park System Master Plans. H. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the city. I. Section 3.24.120.G shall apply to parks completed after January 1,2016. J. A credit issued under 3.24.120.G may be applied only to the River Terrace Overlay SDC, is not a credit against the citywide park SDC,and is not transferable to properties outside of the River Terrace Community Plan area. Amendment#2 3.24.120 Credits K. In addition to Section 3.24.120.B.1,the cost of constructing River Terrace Boulevard is 50%credit eligible for city-approved local street elements and 100%credit eligible for city-approved over- capacity street elements. TMC Chapter 3.24 System Development Charge Program Exhibit A Code Amendments (Clean Version) Amendment#3 3.24.090 Collection of Charge C. The administrator shall collect the applicable SDC from the permittee.The administrator shall not issue such permit or allow such connection until the charge has been paid in full;deferral has been approved pursuant to Section 3.24.090.D;exemption has been granted pursuant to Section 3.24.110;or unless provision for installment payments has been made,pursuant to Section 3.24.100,which follows. D. Notwithstanding subsection A of this section,the permittee may apply for a deferral of payment of the transportation SDC to occupancy. Deferral may only be granted in cases where the amount due exceeds the amount of transportation SDC on a single family detached residence. The request must be made in writing to the Administrator no later than the time of application for a building permit. The Administrator shall grant deferral of the transportation SDC; however,any deferred charge shall be paid in full prior to the issuance of an occupancy permit. The amount of transportation SDC due on deferred obligations shall be the amount in effect at the time of issuance of the occupancy permit.