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TCDA Packet - 10/24/2017 City Of Tigard Tigard Business Meeting-Agenda e TIGARD CITY COUNCIL, TOWN CENTER DEVELOPMENT AGENCY& LOCAL CONTRACT REVIEW BOARD Revised Oct. 18 to replace Agenda Item No. 8 with Continuation of Quasi-Judicial Public Hearing- Remand of Base Camp LLC Land Use Application, from October 17, 2017 MEETING DATE AND TIME: October 24,2017 -6:30 p.m. Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (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 (I'DD -Telecommunications Devices for the Dea�. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http:lllive.tiarg_d-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. City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL,TOWN CENTER DEVELOPMENT AGENCY& LOCAL CONTRACT REVIEW BOARD Keviseu uct. lb to reptace Agenda item No.a xvittt l,ontuuuation ai Quasi-Judicial Public Hearing-Remand of Base Camp LLC Land Use Application,from October 17,2017 MEETING DATE AND TIME: October 24,2017 -6:30 p.m. Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM •STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. RECEIVE METRO UPDATE FROM METRO COUNCILOR DIRKSEN 7:00 p.m. estimated time •EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (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. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH WASHINGTON COUNTY FOR THE URBAN AREA SECURITY INITIATIVE GRANT B. AWARD PURCHASE OF CATERPILLAR BACKHOE TO PETERSON CAT • Consent Axenda-Items Removed for Separate Discussion.Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Countzll City Center Development Agency has voted on those items which do not need discussion. 4. JOINT MEETING WITH TIGARD TRANSPORTATION ADVISORY COMMITTEE ('ITAC) 7:35 p.m.estimated time 5. INFORMATIONAL PUBLIC HEARING: TO CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL 8:20 p.m. estimated time 6. CITY CENTER DEVELOPMENT AGENCY-INFORMATIONAL PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2018 FIRST QUARTER CCDA BUDGET SUPPLEMENTAL8:30 p.m. estimated time 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT FOR THE FANNO CREEK REMEANDER 8:35 p.m. estimated time 8. CONTINUED QUASI-JUDICIAL PUBLIC HEARING -REMAND OF BASE CAMP LLC LAND USE APPLICATION 8:45 p.m.estimated time 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT 9:05 p.m. estimated time n Citv of Tigard Tigard City Council Meeting Agenda October 24, 2017 CITY COUNCIL STUDY SESSION A. COUINCIL LIAISON REPORTS 6:30 p.m. estimated time B. RECEIVE METRO UPDATE FROM METRO COUNCILOR DIRKSEN 7:00 p.m. estimated time The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present my 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 Sessions may be held for the purpose of taking any final action or making any final action or making any final decision. Executive Sessions are closed to the public. Council Meeting Calendar October 3* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 10*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17*Tuesday Council Combo Workshop/Business Meeting—6:30 p.m.,Town Hall 24*Tuesday Council Business Meeting—6:30 p.m.,Town Hall November 7* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 10*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17*Tuesday Cancelled 24*Tuesday Council Business Meeting—6:30 p.m.,Town Hall December 5* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 12*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19*Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall Cancelled Regularly scheduled Council meetings are marked with an asterisk(*) AIS-3285 B. Business Meeting Meeting Date: 10/24/2017 Length (in minutes): 15 Minutes Agenda Title: RECEIVE METRO UPDATE FROM COUNCILOR DIRKSEN Submitted By: Carol Krager,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Metro Councilor Dirksen will update the city council on current and future Metro programs. STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY A few times a year Metro Councilor Dirksen meets with the council to discuss Metro programs and items of interest to Tigard. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION February 14,2017 Attachments PowerPoint werj•rnwnr MEW � VI =04wr oft * . ,.,.......�,.,#I N lip t 3 ° O � f � 1 e J; 1 � I U } l 44 oz or daft .. « . 0 c6 :L k � � �fl Regional Snapshot Snapshots on ... jobs,housing, `r— changing - au communities, rp.� housing affordability, '""�'"� brownfields and impact on the 7 economy 7X 7 k.. Most recent ► , snapshot on TIM , r m transportation Trans o rtati o n fundi n p g rY Importance of f t state package Our region is growing � � ! • our ..taw. transportation system needs e • • keep up More • to be done Regional Transportation Plan m"M • TRAVEL TIME TO 7 MIN .-� ,',, ' , ...� . 14 MIN t . • • 3 AI" r ... +MIM' ,I w+� !MM" Growth ement • A new growth management decision set in 2018 Cities take the lead in asking for UGB �b expansions (by end of 2017) Applying an equity lens to 2018 decision Regional Waste Plan • • • . • _ _ I .i X11 � 11#111 1111 , • _ _ , • _ 1111 r'�� • -.,� _ W _ r z / t lJ Grants & Partnerships • f ""� A • • • R • • • • �dk.. rF' r r � � ��M�� Ilµ ".".-/.. "! . w Master plan for Chehalem Ridge Nature Park, new nature park south of Forest Grove a n d Cornelius Your questions Craig Dirksen Metro Councilor, District 3 503-797-1549 craig. Dirksen@oregonmetro.gov 113 www.oregonmetro.gov/connect Arts and conference centers Garbage and recycling MetroLand and transportation oregonmetro.gov Oregon Zoo Parks and nature SUPPLEMENTAL PACKET ,Juni 2817 FOR (0129111_' Reional Sna shot MEETING) g p Transportation i However you get around greater Portland,you use roads, transit and bridges built by previous generations of MetroOregonians. Their investments have made this a livable, prosperous place. But as we grow,how can we protect such achievements?How should we work together to keep greater Portland moving? How we Our vision travel for tomorrow The 2014 Regional Transportation Plan's projects serve more than 1.5 70% million people in the urban portions of Multnomah,Clackamas and Share of workers Washington counties. commute driving alone, 6th lowest in the nation. new Portland-area workers 4P in the last 5 years commute $22.8 billion in projects by transit,bike or foot,or include... work from home. 28%for Transit l v 11%Biking and Walking 1 4%Freight I'%R-7,sional Prnpr-- "This community,more than any community in America, is the one that has led us in trying to understand how to move from Point A to Point B, Region in the nation,share and then beyond...All of us in of commuters bicycling to the country count on Portland work. to lead." A.T.Rybak Former Mayor City of Minneapolis SUPPLEMENTAL PACKET September 2017 FOR 2018 Regional Transportation Plan (DATE) G) Call for Projects gi=n The call for projects is a step in determining the region's priority projects to achieve our vision and goals for the regional transportation system by 2040.The 1,063 projects submitted by Metro and its regional partners will undergo evaluation through fall of 2017. Transit $6.4B Cost by investment category capital TDM/TSMO/TOD in billions,2016 dollars / $1.1 B Summary of all capital projects ; submitted for evaluation and Roads& Bridges Freight public review. Road and transit access$0.5B operations and maintenance $6.1B costs to be added. Active transportation Total: $21.4 billion Highways • $2.6B $4.7B Projects by investment category 450025% of all projects 67%of road and bridge projects are safety add new bicycle and/or projects 300 pedestrian facilities. . . 150 ,,,,r� p� projects are ®, C) CJ regional trails 0 ' Capital investments Project status 897 ,-777 :. 77 ,.. ._..e 374 All projects B $ come from plans Carried forward from 7.6 B 783 74 or studies 2014 adopted through New to RTP in 2018 280 26 Draft financially Draft a public process. constrained strategic Total 1063 100 list list 1256 132 wili jig~ cori ipleted by 2019 atotal of $3.15 Billion the greater Portland region. For more information,visit -ittp://www.oregonmetro.gov/2018projects. 9/20/17 AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: October 24, 2017 (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: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION l:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignnp\citizen communication 171003.doc AIS-3284 3. A. Business Meeting Meeting Date: 10/24/2017 Length (in minutes): 5 Minutes Agenda Title: Consider Authorizing the City Manager to Sign an IGA with Washington County for the Urban Area Security Initiative Grant Prepared For: Mike Lueck Submitted By: Mike Lueck, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City of Tigard enter into an Intergovernmental Agreement (IGA) with Washington County to receive Urban Area Security Initiative (UASI) grant funds? STAFF RECOMMENDATION / ACTION REQUEST Authorize the city manager to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The Urban Areas Security Initiative (UASI) program is administered through the Federal Emergency Management Agency (FEMA), and assists urban areas in efforts to combat acts of terrorism. The Portland Urban Area has been awarded a FY-16 UASI grant totaling $2,822,000 and the adopted grant program budget includes funding for the City of Tigard. The attached IGA confirms that the City of Tigard will comply with all terms of the grant which include but are not limited to reporting, access to records, financial tracking and procurement. Background The United States Department of Homeland Security has awarded Urban Areas Security Initiative (UASI) grants totaling over $72M in FYs 03-15 to the Portland, Oregon, Urban Area. The city of Portland is the sub-grantee for the grants and serves in the capacity of grant administrator. The City of Portland works with and through the urban area's Regional Disaster Preparedness Organization (RDPO) to manage the grant. Washington County is a core participant with the RDPO and works closely with Portland, Clark County in Washington, Clackamas, Columbia, and Multnomah counties in Oregon, and other participating jurisdictions to guide and coordinate grant fund utilization. As part of the grant management process, the city of Portland entered into intergovernmental agreements with the urban area counties in 2004 to ensure their compliance with all terms of the UASI grant. In turn, Washington County entered into an agreement with the City of Tigard. This action will execute an updated agreement with Washington County for administration of the FY-16 UASI funds. The Washington County Board of Commissioners signed and approved the IGA on August 22, 2017. OTHER ALTERNATIVES Council could choose not to sign the updated IGA, but it will preclude Tigard's eligibility for the awarded grant funds from UASI 16-170. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION The last UASI grant for Tigard was for FY-12 and it was signed by City Manager Marty Wine on 8/21/2013. Attachments IGA Washington County B3 _o_ i -7 -0 'a93 INTERGOVERNMENTAL AGREEMENT Between WASHINGTON COUNTY, OREGON and THE CITY OF TIGARD, OREGON THIS IS an intergovernmental agreement(Agreement) between Washington County (County) and the city of Tigard (City) entered into pursuant to the authority granted in Oregon Revised Statutes (ORS) Chapter 190 for the coordination of activities related to use of the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant program funds for addressing the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas to assist in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. Recitals WHEREAS, the United States Department of Homeland Security(DHS), Federal Emergency Management Agency(FEMA) Grant Programs Directorate, provided UASI grant funding in the amount of$2,962,000 in Fiscal Year 2016 to the state of Oregon ("State"), acting by and through the Oregon Military Department, Office of Emergency Management(OEM), for distribution of$2,822,000 to the Portland Urban Area (PUA); and WHEREAS, the State awarded UASI Grant#16-170 to the city of Portland, Bureau of Emergency Management (PBEM), for Fiscal Year 2016 in the amount of $2,822,000, a copy of which is attached to this Agreement and incorporated herein as Attachment 1 and Exhibits A, B, C and D; and WHEREAS, UASI Grant#16-170 is intended to increase the capabilities of the PUA, which includes jurisdictions in Multnomah, Clackamas, Columbia and Washington counties in Oregon and Clark County in Washington, as well as the Port of Portland and TriMet, to build an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism; and WHEREAS, a list of equipment, supplies, professional services, training and exercise events to be grant funded has been developed through the application process and coordination with the State; and 1 WHEREAS, PBEM, as Grant Administrator, is required to oversee and coordinate the expenditure of the UASI grant funds and has developed procedures to guide the procurement, delivery, and reimbursement processes; and WHEREAS, PBEM, as Grant Administrator, is required to make periodic reports to the State regarding the expenditure of the UASI grant funds and has developed procedures to coordinate the collection and submission of information and documents needed to support the reporting process; and WHEREAS, the city of Portland and all other PUA jurisdictions that receive direct benefit from UASI grant purchases are required to comply with all terms of the U.S. Department of Homeland Security, UASI Grant CFDA# 97.067, Grant #16-170 award including, but not limited to, obligations regarding reporting, access to records, financial tracking and procurement, and supplanting of funds; and WHEREAS, the Regional Disaster Preparedness Organization (RDPO) is the designated organization in the PUA that serves in the capacity of Urban Area Work Group (UAWG) to coordinate program development and decision-making processes for allocating UASI sub-grants, as specified in the "Standard Operating Procedure Urban Areas Security Initiative (UASI) Program Management Under the Regional Disaster Preparedness Organization (RDPO)," (Attachment 2); and WHEREAS, the city of Portland has entered into an agreement with Washington County to secure the County's commitment to follow the city of Portland-developed procurement, delivery, reimbursement, and reporting procedures, to ensure its compliance with all terms of the grant, and to obligate it to coordinate with and obtain similar assurances from directly benefiting jurisdictions, agencies, and organizations within the County. NOW, THEREFORE, the parties agree as follows: 1. The County agrees: a) To coordinate grant-related procurement, reimbursement, and reporting activities with directly benefiting jurisdictions, agencies, and organizations in the County consistent with the processes developed by the city of Portland to manage those activities. b) To serve as the point of contact for all requests made by the City and to be responsible for submitting all purchase requests to the city of Portland on behalf of the City. c) To maintain a sub-recipient monitoring plan in compliance with the requirements set forth in the most recent versions of applicable federal regulations and Office of Management and Budget (OMB) circulars. 2 d) To ensure the City maintains compliance with the terms of this Agreement and UASI Grant#16-170. 2. The City agrees: a) That it has read the award conditions and certifications for UASI Grant #16-170, including Exhibits A, B, C and D, and that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations, and be bound by any limitations applicable to the city of Portland, as grantee, under those grant documents. b) To comply with all city of Portland and State financial management processes, and to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP)and financial, administrative, and audit requirements as set forth in the most recent versions of the Code of Federal Regulations and Office of Management and Budget Circulars. A nonexclusive list of regulations commonly applicable to DHS grants includes: i. Administrative Requirements: 2 CFR 200 (State and Local Governments) and 2 CFR Part 215 (Non-Profit Organizations) ii. Cost Principles: 2 CFR 200 Subpart E iii. Audit Requirements: 2 CFR 200 Subpart F-Audit Requirements c) To comply with all city of Portland and State procurement requirements, including competitive bid processes as outlined in Portland City Code (PCC) and Oregon Revised Statutes (ORS). A nonexclusive list of codes and statutes commonly applicable to procurement include: i. PCC Chapter 5.33 (Goods and Services) and PCC Chapter 5.68 (Professional, Technical and Expert Service Contracts) ii. ORS 279A (Public Contracting — General Provisions) and ORS 279B (Public Contracting — Public Procurements) d) That all equipment, supplies, and services provided by the city of Portland are as described in the approved grant budget documents, which the City has seen. e) That regardless of how it is procured, all equipment and supplies purchased shall be owned by the City until disposition takes place. The City shall be responsible for inventory tracking, maintenance and storage while in possession of such equipment and supplies. f) That regardless of who the owner is, all equipment purchased with grant funds will be made available to all eligible regional partners per 44 CFR 13.32(c)(2). All reasonable requests must be met when sufficient notice is 3 given and no reasonable conflict exists. Owners may not charge "rental" fees for equipment, but may seek reimbursement for normal expendables (not already covered by grant funds) such as fuel, vehicle damage, maintenance for wear and tear, etc., when appropriate. g) To comply with all property and equipment tracking and monitoring processes required by the grants, this Agreement, the city of Portland and the State and to treat all single items of equipment valued over $5,000 as fixed assets and provide the city of Portland with a list of such equipment on a biennial basis, using PBEM's Equipment Inventory Report, and completing and returning the report to PBEM on or before June 30 of the reporting year. The list should include, but is not limited to, status, asset number, funding source, date of purchase, equipment description, serial number, and location where the equipment is housed or stored. Additionally, all fixed assets must have a sticker affixed that visibly states: "Purchased with funds provided by the U.S Department of Homeland Security." All requirements for the tracking, monitoring, disposition, and transfer of fixed assets are set forth in 2 CFR 200.313, which can be found here: http://www.ecfr._qov/cgi- bin/retrieveECFR?gp=&S I D=8d75f90044e30262070fe0bc233c337f&mc=tr ue&n=pt2.1.200&r=PART&tv=HTML# top The City shall maintain and store all equipment and supplies, provided or purchased, in a manner that will keep it safe, prolong its useful life and be ensure it is in good working condition at all times. h) That any request or invoice it submits for reimbursement of costs is consistent with the items identified in the approved grant budget documents. i) That it understands and accepts full financial responsibility and may not be reimbursed for costs incurred which have not been approved by the State and/or the U.S. Department of Homeland Security, FEMA Grant Programs Directorate. j) That it will not deviate from the items listed in the approved grant budget documents without first securing written approval from the city of Portland. k) That all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 4 I) That all financial records, supporting documentation and all other records pertinent to this grant or agreements under this grant shall be retained by the City following termination, completion or expiration of this Agreement for purposes of state of Oregon or federal examination and audit, as established by federal, state or city of Portland retention schedules (whichever is longer). Currently, the city of Portland's retention requirement for these documents is 10 years. A nonexclusive list of codes and statutes commonly applicable to retention include: i. City of Portland Retention Schedules, Section 4808 http://www.portlandonline.com/auditor/index.cfm?c=27183&a=7949 ii. OAR 166-200-0050(17) iii. 2 CFR 200.333-337 m) To obtain a copy of 2 CFR 200 Subparts A-F, and to apprise itself of all rules and regulations set forth. n) Not to supplant its local funds with federal funds but rather use the federal funds to increase the amount of funds that, in the absence of federal aid, would be made available to fund programs within the UASI grant program guidelines. o) To comply with National Incident Management System (NIMS) objectives identified as requirements by the State and certify that the City is registered with the State as being NIMS compliant. p) To comply with all applicable federal, state, and local environmental and historic preservation (EHP) requirements and provide information requested to ensure compliance with applicable laws. q) To comply with federal guidelines concerning exclusions for contractors by verifying that a contractor is not excluded from receiving federal funds prior to making any expenditures and maintaining a record of verification. Currently, verification can be made at the System for Award Management site— www.sam.gov. A copy of this report must be submitted to the city of Portland, as part of the documents required for reimbursement requests. r) To provide timely compliance with all reporting obligations required by the grant's terms and the city of Portland. s) To provide the city of Portland and the County with Performance and Program Reports, Financial Reimbursement Reports, Asset/ Inventory Reports and Audit Reports when required by the city of Portland and in the form required by the city of Portland. 5 i. Performance reports are due to the city of Portland and the County on a quarterly basis: April 15, July 15-October 15, and January 15 during the term of the grant agreement. Late Performance Reports could result in the suspension and/or termination of the grant. ii. Asset/ Inventory Reports are due to the city of Portland and the County on a biennial basis, on June 30 every two years. iii. Results of the City's audit report that complies with 2 CFR 200 are due to the city of Portland and the County fifteen (15) days after the City's receipt of the report, along with a corrective action plan (if applicable). Agencies expending $750,000 or more in federal awards during their fiscal year are required to have an audit. 2 CFR 200.21 (including Subpart F and Appendix XI audit requirements can be found here: http:/Iwww.ecfr.gov/cgi- bin/retrieveECFR?gp=&S I D=8d75f90044e30262070feObc233c337f&m c=true&n=pt2.1.200&r=PART&tv=HTML# top iv. Financial Reimbursement Reports are due no less frequently than quarterly during the term of the grant agreement. Late Financial Reimbursement Reports could result in the suspension and/or termination of the grant. V. Per UASI Grant#16-170, Section 5b, Financial Reimbursement Reports, Paragraph ii, reimbursement for expenses will be withheld if Performance Reports are not submitted by the specified dates or are incomplete. t) To follow the travel expense and per diem guidelines as set forth by the U.S. General Services Administration (GSA) as well as the guidelines of the city of Portland and State. Per UASI Grant#16-170, Section 5b, Financial Reimbursement Reports, Paragraph iii, reimbursement rates for travel expenses shall not exceed those allowed by the state of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the purpose of the travel, the dates, times, and places of travel, and the actual expenses or authorized rates incurred. GSA per diem rates can be found on the GSA website: http://www.gsa.gov/portal/content/l 04877 The city of Portland's guidelines can be found on the Office of the City Auditor's website: BCP-FIN-6.13 Travel: http://www.PortiandonIine.com/auditor/index.cfm?c=34747&a=160271 6 BCP-FIN-6.14 Non-travel Meals, Light Refreshments and Related Miscellaneous Expenses: http://www.portiandonline.com/auditor/index.cfm?&a=160283&c=34747 u) To comply with all applicable laws, regulations, program guidance and guidelines of the Federal Government, the state of Oregon, and OEM in the performance of this Agreement, including but not limited to those listed in UASI Grant#16-170, Attachment 1, Exhibit B, Federal Requirements and Certifications, Exhibit C, Subagreement Insurance Requirements, and Exhibit D, Information Required by 2 CFR 200.331(a). v) To comply with all of its obligations under this Agreement and any applicable, incorporated document or documents. 3. Effective Date and Duration. This Agreement shall be effective from the date both parties have signed and shall be terminated upon the end date of the agreement between the city of Portland and the State (Grant#16-170), unless otherwise extended by the parties in writing or this IGA is terminated due to failure of one of the Parties to perform. 4. Amendment. This Agreement may be modified or amended only by the written agreement of both parties but must remain consistent with the requirements of the UASI program grant, the agreement between the State and the city of Portland, and the city of Portland's UASI grant agreement with the County. 5. Termination. Either party may terminate this Agreement in the event the other fails to comply with its obligations under the Agreement. If the Agreement is terminated due to the City's failure or inability to comply with the provisions of the grant or the Agreement, the City will be liable to the city of Portland for the full cost of any equipment, materials, or services provided by the city of Portland to the City, and any penalties imposed by the State or Federal Government. Each party will notify the other, in writing, of its intention to terminate this Agreement and the reasons therefore. The other party shall have fourteen days, or such other time as the parties may agree, from the date of the notice in which to correct or otherwise address the compliance failure which is the subject of the notice. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State, without regard to principles of conflicts of law. Any claim, action, suit or proceeding that arises from or relates to this Agreement shall be brought and conducted exclusively within the Circuit Court of Washington County for the state of Oregon. In the event a claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively in the United States District Court for the District of Oregon. 7 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. 8. Survival. The terms, conditions, representations, and all warranties in this Agreement shall survive the termination or expiration of this Agreement. 9. Force Majeure. Neither party shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond reasonable control. Each party shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligations under this Agreement. 10.Indemnification. a) Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the City shall indemnify, defend and hold harmless the County, its commissioners, employees and agents from and against any and all liability, claims, damages, losses, and expenses, including but not limited to reasonable attorney's fees arising out of or resulting from the acts of the City, its officers, employees and agents in the performance of this agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the County shall indemnify, defend and hold harmless the City from and against all liability, loss and costs arising out of or resulting from the acts of the County, its officers, employees and agents in the performance of this agreement. b) The City shall take all reasonable steps to cause its contractor(s) or subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless OEM and its officers, employees and agents ("Indemnitee")from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees)arising from a tort(as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the City's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims c) The City shall require its contractor(s) or subcontractor(s)to obtain insurance in amounts required by OEM, not to exceed OEM's limits of liability under the Oregon Tort Claims Act, and shall provide that the state of Oregon, OEM, and their officers, employees and members are named 8 as Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. 11.Third Party Beneficiaries. The County and the City are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, or is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such persons are individually identified by name herein. 12.Successors in Interest. The terms of this Agreement shall be binding upon the successors and assigns of each party hereto. 13.Entire Agreement. The parties agree and acknowledge that this Agreement is a complete, integrated agreement that supersedes any prior understandings related to implementation of the FY 2016 UASI program grant(Grant#16-170) and that it is the entire agreement between them relative to that grant. 14.Worker's Compensation. Each party shall be responsible for providing worker's compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, unless exempt under ORS 656.027). Neither party shall be required to provide or show proof of any other insurance coverage. 15.Nondiscrimination. Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances. 16.Human Trafficking (2 CFR Part 175). The City, employees, contractors and sub-recipients under this Agreement and their respective employees may not: o Engage in severe forms of trafficking in persons during the period of the time the award is in effect; o Procure a commercial sex act during the period of time the award is in effect; or o Use forced labor in the performance of the subgrant or subgrants under the award. The City must inform the city of Portland and OEM immediately of any information the City receives from any source alleging a violation of any of the above prohibitions in the terms of this IGA. OEM may terminate Grant#16-170, without penalty, for violation of these provisions. OEM's right to terminate Grant #16-170 unilaterally, without penalty, is in addition to all other remedies under Grant#16-170. 17.Access to Records. Each party shall maintain, and shall have access to the books, documents, papers, and other records of the other party which are related 9 to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. Copies of applicable records shall be made available upon request. Access to records for Oregon Emergency Management(OEM), the Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO), or any of their authorized representatives, shall not be limited to the required retention period but shall last as long as records are retained. 18.Subcontracts and Assignment. Neither party will subcontract or assign any part of this Agreement without the prior written consent of the other party. Notwithstanding County or city of Portland approval of a subcontractor, the City shall remain obligated for full performance hereunder, and the County shall incur no obligation other than its obligations to the City hereunder. Washington County .Andy Duyck Date 7-2- 201 c_;�x�1t1'lili�a�3USTC� �1 lJC3fi"�i�e�;�SSACfs,�A: APPROVW AS TO ORM I"A-f--,,C � Date At rney City of Tigard Date APPROVED AS TO FORM Date Attorney 1'l - 21 L ' /� 10 Attachment 1 OREGON MILITARY DEPARTMENT OFFICE OF EMERGENCY MANAGEMENT HOMELAND SECURITY GRANT PROGRAM URBAN AREA SECURITY INITIATIVE CFDA# 97.067 CITY OF PORTLAND $2,822,000 Grant No: 16-170 This Agreement is made and entered into by and between the State of Oregon,acting by and through th'e Oregon Military Department, Office of Emergency Management,hereinafter referred to as"OEM,"and! the City of Portland hereinafter referred to as "Subrecipient,"and collectively referred to as the "Parties." I 1. Effective Date. This Agreement shall become effective on the date this Agreement is fully executed and approved as required by applicable law. Reimbursements will be made for Project Costs incurred beginning on September 15,2016 and ending,unless otherwise terminated or extended,on May 3011 2019(Expiration Date). No Grant Funds are available for expenditures after the Expiration Date. OEM's obligation to disburse Grant Funds under this Agreement shall end as provided in Section 6.b.iv of this Agreement. 2. Agreement Documents. This Agreement consists of this document and the following documents,all of which are attached hereto and incorporated herein by reference: Exhibit A: Project Description and Budget Exhibit B: Federal Requirements and Certifications Exhibit C: Subcontractor Insurance Exhibit D: Information required by 2 CFR 200331(a) In the event of a conflict between two or more of the documents comprising this Agreement,the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows,listed from highest precedence to lowest precedence: Exhibit B; this Agreement without Exhibits; Exhibit A;Exhibit C. 3. Grant Funds. In accordance with the terms and conditions of this Agreement, OEM shall provide Subrecipient an amount not to exceed$2,822,000 in Grant Funds for eligible costs described in Section 6 hereof, Grant Funds for this Program will be from the Fiscal Year 2016 Urban Area Security Initiative (UASI) grant. 4. Project. The Grant Funds shall be used solely for the Project described in Exhibit A and shall not be used for any other purpose. No Grant Funds will be disbursed for any changes to the Project unless! such changes are approved by OEM by amendment pursuant to Section 1 l.d hereof. 4 5. Reports. Failure of Subrecipient to submit the required program, financial,or audit reports,or to resolve program, financial, or audit issues may result in the suspension of grant payments,termination of this Agreement, or both. i 1 a. Performance Reports. i. Subrecipient agrees to submit performance reports, using a form provided by OEM,on its progress in meeting each of the agreed upon milestones. The narrative reports will address specific information regarding the activities carried out under the FY 2016 Urban Area Security Initiative program. ii. Reports are due to OEM on or before the 30th day of the month following each subsequent calendar quarter tending on March 31,June 30, September 30,and December 31). iii. Subrecipient may request from OEM prior written approval to extend a performance report requirement past its due date. OEM,in its sole discretion, may approve or reject the request. b. Financial Reimbursement Reports. i. To receive reimbursement, Subrecipient must submit a signed Request for Reimbursement (RFR), using a form provided by OEM that includes supporting documentation for all grant expenditures.RFRs may be submitted monthly but no less frequently than quarterly during the term of this Agreement. At a minimum,RFRs must be submitted on or before 30 days following each subsequent calendar quarter(ending on March 31,June 30,September 30, and December 31),and a final RFR must be submitted no later than 30 days following the end of the grant period. ii. Reimbursements for expenses will be withheld if performance reports are not submitted by the specified dates or are incomplete. iii. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled,the purpose of the travel, the dates,times, and places of travel, and the actual expenses or authorized rates incurred. iv. Reimbursements will only be made for actual expenses incurred during the Grant Award Period provided in Section 1. Subrecipient agrees that no grant may be used for expenses incurred before or after the Grant Award Period, 6. Disbursement and Recovery of Grant Funds. a. Disbursement Generally. OEM shall reimburse eligible costs incurred in carrying out the Project,up to the Grant Fund amount provided in Section 3. Reimbursements shall be made by OEM upon approval by OEM of an RFR. Eligible costs are the reasonable and necessary costs incurred by Subrecipient for the Project, in accordance with the Urban Area Security Initiative program guidance and application materials,including without limitation the United States Department of Homeland Security Notice of Funding Opportunity(NOFO), that are not excluded from reimbursement by OEM,either by this Agreement or by exclusion as a result of financial review or audit. The guidance, application materials and NOFO are available at http://www.oregon.gov/OMD/OEM/P ages/pl ans_train/Rrant_i nfo.aspx. b. Conditions Precedent to Disbursement. OEM's obligation to disburse Grant Funds to Subrecipient is subject to satisfaction,with respect to each disbursement,of each of the following conditions precedent: i. OEM has received funding,appropriations, limitations,allotments or other expenditure authority sufficient to allow OEM, in the exercise of its reasonable administrative discretion, to make the disbursement. 2 ii. Subrecipient is in compliance with the terms of this Agreement including,without limitation, Exhibit B and the requirements incorporated by reference in Exhibit B. iii. Subrecipient's representations and warranties set forth in Section 7 hereof are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. iv. Subrecipient has provided to OEM a RFR in accordance with Section 5.b of this Agreement. e. Recovery of Grant Funds. Any funds disbursed to Subrecipient under this Agreement that are expended in violation or contravention of one or more of the provisions of this Agreement ("Misexpended Funds")or that remain unexpended on the earlier of termination or expiration o(I this Agreement("Unexpended Funds")must be returned to OEM. Subrecipient shall return all Misexpended Funds to OEM promptly after OEM's written demand and no later than 15 days afier OEM's written demand. 7. Representations and Warranties of Subrecipient. Subrecipient represents and warrants to OEM as follows: a. Organization and Authority. Subrecipient is a political subdivision of the State of Oregon and is eligible to receive the Grant Funds. Subrecipient has full power,authority,and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Subrecipient of this Agreement(1)have been duly authorized by all necessary action of Subrecipient and(2)do not and will not violate any provision of any applicable law,rule, regulation, or order of any court,regulatory commission, board,or other administrative agency, 1 (3)do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Subrecipient is a party or by which Subrecipient or any of its properties may be bound or affected. No authorization,consent, license,approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Subrecipient of this Agreement. b. Binding Obligation, This Agreement has been duly executed and delivered by Subrecipient and constitutes a legal, valid and binding obligation of Subrecipient,enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency,or other similar laws affecting the enforcement of creditors' rights generally. c. No Solicitation. Subrecipient's officers,employees,and agents shall neither solicit nor accept i gratuities, favors, or any item of monetary value from contractors,potential contractors,or parties to subagreements. No member or delegate to the Congress of the United States shall be admittec, to any share or part of this Agreement or any benefit arising therefrom. d. NIMS Compliance. By accepting FY 2016 funds, Subrecipient certifies that it has met National Incident Management System (NIMS) compliance activities outlined in the Oregon NIMS Requirements located through OEM at http://www.oregon,gov/OMD/OEM/Pages/plans_train/NIMS.aspx#Oregon_NIMS_Requireme nts. The warranties set forth in this section are in addition to,and not in lieu of,any other warranties! set forth in this Agreement or implied by law. 8. Records Maintenance and Access; Audit. i a. Records,Access to Records and Facilities. Subrecipient shall make and retain proper and complete books of record and account and maintain all fiscal records related to this Agreement 3 and the Project in accordance with all applicable generally accepted accounting principles, generally accepted governmental auditing standards and state minimum standards for audits of municipal corporations. Subrecipient acknowledges and agrees,and Subrecipient will require its contractors,subcontractors, sub-recipients (collectively hereafter"contractors"),successors, transferees,and assignees to acknowledge and agree,to provide OEM,Oregon Secretary of State (Secretary), Office of Inspector General (OIG), Department of Homeland Security(DHS), Federal Emergency Management Agency(FEMA),or any of their authorized representatives,access to records, accounts,documents,information,facilities, and staff. Subrecipient and its contractors must cooperate with any compliance review or complaint investigation by any of the above listed agencies,providing them access to and the right to examine and copy records, accounts,and other documents and sources of information related to the grant and permit access to facilities, personnel,and other individuals and information as maybe necessary. The right of access is not limited to the required retention period but shall last as long as the records are retained. b. Retention of Records. Subrecipient shall retain and keep accessible all books,documents, papers,and records that are directly related to this Agreement,the Grant Funds or the Project for until the latest of(a)six years following termination, completion or expiration of this Agreement, (b)upon resolution of any litigation or other disputes related to this Agreement,or(c)as required by 2 CFR 200.333. It is the responsibility of Subrecipient to obtain a copy of 2 CFR Part 200,and to apprise itself of all rules and regulations set forth. c. Audits. i. if Subrecipient expends$750,000 or more in Federal funds(from all sources) in its fiscal year, Subrecipient shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR 200 Subpart F. Copies of all audits must be submitted to OEM within 30 days of completion. If Subrecipient expends less than$750,000 in its fiscal year in Federal funds, Subrecipient is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials as provided in Section 8.a.herein. ii. Audit costs for audits not required in accordance with 2 CFR 200 Subpart F are unallowable. If Subrecipient did not expend$750,000 or more in Federal funds in its fiscal year,but contracted with a certified public accountant to perform an audit, costs for performance of that audit shall not be charged to the grant. iii. Subrecipient shall save, protect and hold harmless the OEM from the cost of any audits or special investigations performed by the Secretary or any federal agency with respect to the funds expended under this Agreement.Subrecipient acknowledges and agrees that any audit costs incurred by Subrecipient as a result of allegations of fraud,waste or abuse are ineligible for reimbursement under this or any other agreement between Subrecipient and the State of Oregon. 9. Subrecipient Procurements; Property and Equipment Management and Records; Subcontractor Indemnity and Insurance a. Subagreernents. Subrecipient may enter into agreements(hereafter"subagreements")for performance of the Project. Subrecipient shall use its own procurement procedures and regulations,provided that the procurement conforms to applicable Federal and State law (including without limitation ORS chapters 279A,2798,279C, and that for contracts for more than $150,000,the contract shall address administrative,contractual or legal remedies for violation or breach of contract terms and provide for sanctions and penalties as appropriate,and for 4 contracts for more than$10,000 address termination for cause or for convenience including the I manner in which termination will be effected and the basis for settlement). i. Subrecipient shall provide to OEM copies of all Requests for Proposals or other solicitations' for procurements anticipated to be for$100,000 or more and to provide to OEM, upon request by OEM, such documents for procurements for less than$100,000. Subrecipient shall include with its RFR a list of all procurements issued during the period covered by the report. ii, All subagreements,whether negotiated or competitively bid and without regard to dollar value, shall be conducted in a manner that encourages fair and open competition to the maximum ' practical extent possible. All sole-source procurements in excess of$100,000 must receive prior written approval from OEM in addition to any other approvals required by law applicable to Subrecipient. Justification for sole-source procurement in excess of$100,000 should include a description of the program and what is being contracted for, an explanation ofwhyit is necessary to contract noncompetitively, time constraints and any other pertinent information.Interagency agreements between units of government are excluded from this provision. iii. Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices' among contractors that may restrict or eliminate competition or otherwise restrain trade. Contractors that develop or draft specifications,requirements,statements of work,or Requests for Proposals (RFP)for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of'such procurement.Any request for exemption must b'c submitted in writing to OEM. iv. Subrecipient agrees that,to the extent it uses contractors,such contractors shalt use small, y minority, women-owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. b. Purchases and Management of Property and Equipment; Records. Subrecipient agrees to comply with all applicable federal requirements referenced in Exhibit B, Section II.C.I to this Agreement and procedures for managing and maintaining records of all purchases of property and equipment will, at a minimum,meet the following requirements: i. All property and equipment purchased under this agreement, whether by Subrecipient or a contractor, will be conducted in a manner providing full and open competition and in accordance with all applicable procurement requirements, including without limitation ORS' chapters 279A, 27913,279C,and purchases shall be recorded and maintained in Subrecipieni's property or equipment inventory system. I ii. Subrecipient's property and equipment records shall include: a description of the property or equipment;the manufacturer's serial number,model number, or other identification numb�ce the source of the property or equipment,including the Catalog of Federal Domestic Assist (CFDA) number; name of person or entity holding title to the property or equipment;the j acquisition date; cost and percentage of Federal participation in the cost;the location,use ar)d condition of the property or equipment; and any ultimate disposition data including the date'of disposal and sale price of the property or equipment. iii. A physical inventory of the property and equipment must be taken and the results reconciled with the property and equipment records at least once every two years. iv. Subrecipient must develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the property and equipment. Subrecipient shall investigate any loss, damage, or theft and shall provide the results of the investigation to OEM upon request, 0 5 3 v. Subrecipient must develop, or require its contractors to develop, adequate maintenance procedures to keep the property and equipment in good condition. vi. If Subrecipient is authorized to sell the property or equipment, proper sales procedures must be established to ensure the highest possible return. vii. Subrecipient agrees to comply with 2 CFR 200.313 pertaining to use and disposal of equipment purchased with Grant Funds, including when original or replacement equipment acquired with Grant Funds is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency. viii. Subrecipient shall require its contractors to use property and equipment management requirements that meet or exceed the requirements provided herein applicable to all property and equipment purchased with Grant Funds. ix. Subrecipient shall, and shall require its contractors to,retain, the records described in this Section 9.b. for a period of six years from the date of the disposition or replacement or transfer at the discretion of OEM. Title to all property and equipment purchased with Grant Funds shall vest in Subrecipient if Subrecipient provides written certification to OEM that it will use the property and equipment for purposes consistent with the State Homeland Security Program. c. Subagreement indemnity; Insurance. Subrecipient's subagreement(s)shall require the other party to such subagreements(s)that is not a unit of local government as defined in ORS 190.003,if any,to indemnify, defend,save and hold harmless OEM and its officers,employees and agents from and against any and all claims, actions,liabilities,damages, losses, or expenses, including attorneys' fees,arising from a tort,as now or hereafter defined in ORS 30.260,caused,or alleged to be caused, in whole or in part,by the negligent or willful acts or omissions of the other party to Subrecipient's subagreement or any of such party's officers,agents,employees or subcontractors ("Claims"). It is the specific intention of the Parties that OEM shall,in all instances,except for Claims arising solely from the negligent or willful acts or omissions of OEM,be indemnified by the other party to Subrecipient's subagreement(s)from and against any and all Claims. Any such indemnification shall also provide that neither Subrecipient's contractor(s)nor any attorney engaged by Subrecipient's contractor(s)shall defend any claim in the name of OEM or any agency of the State of Oregon(collectively"State"), nor purport to act as legal representative of the State or any of its agencies, without the prior written consent of the Oregon Attorney General. The State may, at any time at its election,assume its own defense and settlement in the event that it determines that Subrecipient's contractor is prohibited from defending State or that Subrecipient's contractor is not adequately defending State's interests,or that an important governmental principle is at issue or that it is in the best interests'of State to do so. State reserves all rights to pursue claims it may have against Subrecipient's contractor if State elects to assume its own defense. Subrecipient shall require the other party, or parties, to each of its subagreements that are not units of local govemment as defined in ORS 190.003 to obtain and maintain insurance of the types and in the amounts provided in Exhibit C to this Agreement. 6 10.Termination a. Termination by OEM. OEM may terminate this Agreement effective upon delivery of written notice of termination to Subrecipient, or at such later date as may be established by OEM in such written notice, if: i. Subrecipient fails to perform the Project within the time specified herein or any extension thereof or commencement,continuation or timely completion of the Project by Subrecipient is, for any reason,rendered improbable,impossible,or illegal;or ii, OEM fails to receive funding, appropriations,limitations or other expenditure authority sufficient to allow OEM, in the exercise of its reasonable administrative discretion,to continue to make payments for performance of this Agreement; or iii. Federal or state laws,rules,regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement; or iv. The Project would not produce results commensurate with the further expenditure of funds;or i v. Subrecipient takes any action pertaining to this Agreement without the approval of OEM and which under the provisions of this Agreement would have required the approval of OEM, ; vi. OEM determines there is a material misrepresentation,error or inaccuracy in Subrecipient's application. b, Termination by Subrecipient. Subrecipient may terminate this Agreement effective upon , delivery of written notice of termination to OEM,or at such later date as may be established by Subrecipient in such written notice,if: i. The requisite local funding to continue the Project becomes unavailable to Subrecipient;or I ii, Federal or state laws,rules,regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement. I c. Termination by Either Party. Either Party may terminate this Agreement upon at least ten dais notice to the other Party and failure of the other Party to cure within the ten days,if the other Party fails to comply with any of the terms of this Agreement. d. Settlement upon Termination. Immediately upon termination under Sections 10.a.i, v.or vi,no Grant Funds shall be disbursed by OEM and Subrecipient shall return to OEM Grant Funds previously disbursed to Subrecipient by OEM in accordance with Section 6.c and the terminating party may pursue additional remedies in law or equity. Termination of this Agreement does riot relieve Subrecipient of any other term of this Agreement that may survive termination, including without limitation Sections 1 I.a and c. 11. GENERAL PROVISIONS i a, Contribution. If any third party makes any claim or brings any action,suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260("Third Party Claim")against OEM or Subrecipient 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; 7 y 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 Patty Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which OEM is jointly liable with Subrecipient(or would be if joined in the Third Party Claim), OEM 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 Subrecipient in such proportion as is appropriate to reflect the relative fault of OEM on the one hand and of Subrecipient 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 OEM on the one hand and of Subrecipient 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. OEM'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 OEM had sole liability in the proceeding. With respect to a Third Party Claim for which Subrecipient is jointly liable with OEM(or would be if joined in the Third Party Claim),Subrecipient 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 OEM in such proportion as is appropriate to reflect the relative fault of Subrecipient on the one hand and of OEM 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 Subrecipient on the one hand and of OEM 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.Subrecipient's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300,if it had sole liability in the proceeding. b. Dispute Resolution, The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator(for non-binding arbitration) to resolve the dispute short of litigation. Each party shall bear its own costs incurred under this Section 1 l.b. c. Responsibility for Grant Funds. Any Subrecipient of Orant Funds,pursuant to this Agreement with OEM, shall assume sole liability for that Subrecipient's breach of the conditions of this Agreement, and shall,upon such recipient's breach of conditions that requires OEM to return funds to the FEMA,hold harmless and indemnify OEM for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of the Subrecipient of Grant Funds, 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, d. Amendments. This Agreement may be amended or extended only by a written instrument signed by both Parties and approved as required by applicable taw. 8 e, Duplicate Payment. Subrecipient is not entitled to compensation or any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Oregon or the United States of America or any other party,organization of individual. f. No Third Party Beneficiaries. OEM and Subrecipient are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give,or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as an intended beneficiary of the terms of this Agreement. Subrecipient acknowledges and agrees that the Federal Government, absent express written consent by the Federal Goverrunent, is not a party to this Agreement and shall not be subject to any obligations or liabilities to Subrecipient,contractor or any other party(whether or not a party to the Agreement) pertaining to any matter resulting from the this Agreement. g. Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, email or mailing the same by registered or certified mail,postage prepaid to Subrecipient or OEM at the appropriate address or number set forth on the signature page of this Agreement,or to such other addresses or numbers as either party may hereafter indicate pursuant to this Section. Any communication or notice so addressed and sent by registered or certified mail shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. Any communication by email shall be deemed to be given i when the recipient of the email acknowledges receipt of the email. The parties also may communicate by telephone, regular mail or other means,but such communications shall not be deemed Notices under this Section unless receipt by the other party is expressly acknowledged iii writing by the receiving party. h. Governing Law, Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding(collectively,"Claim")between OEM (or any other agency or department of the State of Oregon) and Subrecipient that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County in the State of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity,whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. I. Compliance with Law. Subrecipient shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the implementation of the Project, including without limitation as described in Exhibit B. j, Insurance; Workers' Compensation. All employers,including Subrecipient, that employ r subject workers who provide services 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. Employer's liability insurance with coverage limits of not less than $500,000 must 9 be included. Subrecipient shall ensure that each of its subrecipient(s),contractor(s),and subcontractors)complies with these requirements. k. Independent Contractor. Subrecipient shall perforin the Project as an independent contractor and not as an agent or employee of OEM. Subrecipient has no right or authority to incur or create any obligation for or legally bind OEM in any way. Subrecipient acknowledges and agrees that Subrecipient is not an`officer","employee",or"agent"of OEM,as those terms are used in ORS 30.265, and shall not make representations to third parties to the contrary. 1. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. m. Counterparts, This Agreement may be executed in two or more counterparts(by facsimile or otherwise), each of which is an original and all of which together are deemed one agreement binding on all Parties,notwithstanding that all Parties are not signatories to the same counterpart. n. Integration and Waiver. This Agreement,including all Exhibits and referenced documents, constitutes the entire agreement between the Parties on the subject matter hereof. There are no understandings,agreements,or representations,oral or written,not specified herein regarding this Agreement. The delay or failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by that Party of that or any other provision. Subrecipient,by the signature below of its authorized representative,hereby acknowledges that it has read this Agreement, understands it,and agrees to be bound by its terms and conditions. THE PARTIES,by execution of this Agreement,hereby acknowledge that each Party has read this Agreement, understands it,and agrees to be bound by its terms and conditions. SIGNATURE PAGE TO FOLLOW 10 CITY OF 1?01Z AND OEM By By Name — _ — � �L� Matthew T.Marheine (printed) Operations and Preparedness Section Manager,OEM Date / APPROVAL FOR LEGAL SUFFICIENCY APPROVED AS TO LEGAL SUFFICIENCY (If required for Srcci icnt) By Marvin D, Fjordbeek APF 0V AS TO FORM Senior Assistant Attorney General I - BY �,.{1� _ Subrccipicn \lounsl Date February 27, 2017 CITY ATTORNEY Date _ OEM Program Contact: Sidra Metzger-Hines Subrecipient Program Contact: Grants Coordinator Carmen Merlo Oregon Military Department Bureau Director Office of Emergency Management Portland Bureau of Emergency Management PO Box 14370 9911 SE Bush St Salem,OR 97309-5062 Portland,OR 97266 503-378-3661 503-823-269t sidra.inetzgerhines@state.or.us carmen.merloCaa)portlattdoregon.go v OEM Fiscal Contact: Subrecipient Fiscal Contact; Angela Creasey Keren Ceballos Senior Grants Accountant Finance Manager Oregon Military Department Portland Bureau of Fmergeucy Management Office of Emergency Management 9911 SE Bush St PO Box 14370 Portland,OR 97266 Salem,OR 97309-5062 503-823-4187 503-378-3316 kcren,ceballos@i)ortlaiidoregon.gov angela.creasey@state.or.us 11 Exhibit A Grant No: 16-170 Subreciplent: City of Portland I. Project Description Project Title: Urban Area Security Initiative This grant supports regional urban area projects selected by the Regional Disaster Preparedness Organization (RDPO)as vital to the regional preparedness,response and recovery efforts. It. Investments/Projects Management and Administration $ 138,100 Planning-Collaborative and Regional • Program Delivery Costs $ 129,500 • Regional Staffing $ 189,208 • Regional Citizen Corps Programming $ 12,780 • Recovery Planning $ 240,000 • Hazard Mitigation Public Outreach $ 75,000 Training • Regional Citizen Corps Training $ 48,715 • Tactical Medical Training $ 77,159 • USAR Operations Training $ 369,947 Exercise • Fuel Management Exercise $ 50,000 • Shipboard Security Threat& Emergency Response $ 100,000 Information Technology • Regional Information Sharing Enhancements $ 500,000 • MCSO Map-Downlink System $ 579,000 + WCSO Video Downlink for Air Support $ 55,000 Other Authorized Equipment • Misc. CERT Equipment& Supplies $ 90,591 Regional Mass Fatality Morgue Operations& • Field Equipment $ 167,000 Total $2,$22,000 12 EXHIBIT B Federal Requirements and Certifications I. General. Subrecipient agrees to comply with all federal requirements applicable to this Agreement, including without limitation financial management and procurement requirements and maintain accounting and financial records in accordance with Generally Accepted Accounting Principles(GAAP and financial,administrative, and audit requirements as set forth in the most recent versions of the Code of Federal Regulations(CFR), Department of Homeland Security(DHS)program legislation, and DHS/Federal Emergency Mmiagement Agency(FEMA) program regulations and requirements. 11. Specific Requirements and Certifications A. Debarment,Suspension, Ineligibility and Voluntary Exclusion. Subrecipient certifies by accepting funds under this Agreement that neither it nor its principals are presently debarred, suspended, proposed for debarment,declared ineligible,nor voluntarily excluded from participation in this transaction by any Federal department or agency(2 CFR 200,213). B. Standard Assurances and Certifications Regarding Lobbying. Subrecipient is required to comply with 2 CFR 200.450 and the authorities cited therein, including 31 USC § 1352 and New Restrictions on Lobbying published at 55 Federal Register 6736 (February 26, 1990, C. Compliance with Applicable Federal Law. Subrecipient agrees to comply with all applicable= laws, regulations, program guidance, the Federal Government in the performance of this Agreement,including but not limited to: i 1. Administrative Requirements set forth in 2 CFR Part 200, including without limitation: a. Using Grant Funds only in accordance with applicable cost principles described in 2 CFI Subpart E, including that costs allocable to this Grant may not be charged to other Federitl awards to overcome fund deficiencies,to avoid restrictions imposed by federal statutes, regulations or the terms of federal awards or other reasons; b. Subrecipient must establish a Conflict of Interest policy applicable to any procurement contractor sub awards made under this Agreement in accordance with 2 CFR 200.112. Conflicts of Interest must be disclosed in writing to the OEM within 5 calendar days of discovery including any information regarding measures to eliminate,neutralize,mitigate or otherwise resolve the conflict of interest. 2. USA Patriot Act of 2001, which amends 18 USC§§ 175-175e. 3. Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 USC 2225(x). 4. False Claims Act & Program Fraud Civil Remedies, 31 USC 3729,prohibiting recipients of federal payments from submitting a false claim for payment. See 38 USC 3801-3812 detaili ng administrative remedies for false claims and statements made. 5. Whistleblower Protection Act, 10 USC §§ 2409 and 2324 and 41 USC §§ 4712,4304 and 4310 requiring compliance with whistleblower protections, as applicable. 6. Na supplanting. Grant Funds under this Agreement shall not replace funds that have been budgeted for the same purposes through non-Federal sources. Subrecipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than receipt or expected receipt of Federal funds. Any project cost allocable to this Agreement 13 i may not be charged to other Federal awards to overcome fund deficiencies,to avoid restrictions imposed by Federal statutes, regulations,or terms and conditions of the Federal awards,or for other reasons. D. Non-discrimination and Civil Rights Compliance,Equal Employment Opportunity Program,and Services to Limited English Proficient(LEP) Persons. 1. Non-discrimination and.Civil Rights Compliance. Subrecipient, and all its contractors and subcontractors, assures compliance with all applicable nondiscrimination laws, including but not limited to: a. Title VI of the Civil Rights Act of 1964, 42 USC§ 2000d et sec{.,as amended,and related nondiscrimination regulations in 6 CFR Part 2I and 44 CFR Part 7. b. Title VIII of the Civil Rights Act of 1968, 42 USC § 3601, as amended, and implementing regulations at 6 CFR Part 21 and 44 CFR Part 7. c. Titles 1,11,and III of the Americans with Disabilities Act of 1990, as amended,42 USC §§ 12101 — 12213. d. Age Discrimination Act of 1975,42 USC § 6101 et seg. e. Title IX of the Education Amendments of 1972,as amended,20 USC § 1681 et seq. L Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, as amended. g. If, during the past three years, Subrecipient has been accused of discrimination on the grounds of race,color,national origin (including limited English proficiency),sex,age, disability,religion,or familial status, Subrecipient must provide a letter certifying that all documentation of such proceedings,pending or completed,including outcome and copies of settlement agreements will be made available to OEM upon request. In the event any court or administrative agency makes a finding of discrimination on grounds of race,color, national origin (including limited English proficiency), sex, age, disability, religion,or familial status against Subrecipient,or Subrecipient settles a case or matter alleging such discrimination, Subrecipient must forward a letter to OEM summarizing the finding and making a copy of the complaint and findings available to OEM. 2. Services to Limited English Proficient(LEP) Persons. Subrecipient, and any of its contractors and subcontractors agrees to comply with the requirements Title VI of the Civil Rights Act of 1964 and Executive Order 13166,improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of LEP. To ensure compliance with Title VI, Subrecipient must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation,where necessary. Subrecipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance additional information regarding LEP obligations,please see http://www.lep.gov. 14 F. Procurement of Recovered Materials. Subrecipient must comply with Section 6002 of the Solid.Waste Disposal Act, as amended by the Resource Recovery and Conservation Act and in accordance with Environmental Protection Agency guidelines at 40 CFR Part 247. G. SAFECOM. If the Grant Funds are for emergency communication equipment and related activities, Subrecipient must comply with SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. H. Drug Free Workplace Requirements. Subrecipient agrees to comply with the requirements of the Drug-Free Workplace Act of 1988,41 USC§ 701 et seq., as amended,and implementing regulations at 2 CFR Part 3001 which require that all organizations receiving grants(or subg;rants) from any Federal agency agree to maintain a drug-free workplace. Subrecipient must notify this office if an employee of Subrecipient is convicted of violating a criminal drug;statute. Failure to comply with these requirements may be cause for debarment. I 1. Human Trafficking(2 CFR Part 175). Subrecipient must comply with requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, 22 USC § 7104,as amended and 2 CFR § 175.15. J. Fly America Act of 1974. Subrecipient agrees to comply with the requirements of the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 USC § 41102)for I international air transportation of people and property to the extent that such service is available,1 in accordance with the International Air Transportation Fair Competitive Practices Act of 1974,as amended,(49 USC § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to the Comptroller General Decision B138942. K. Activities Conducted Abroad. Subrecipient agrees to comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. i L. Acknowledgement of Federal Funding from DHS. Subrecipient agrees to comply with requirements to acknowledge Federal funding when issuing statements, press releases,requests for proposals, bid invitations,and other documents describing projects or programs funded in whole or in part with Federal funds. i M. Copyright. Subrecipient shall affix the applicable copyright notices of 17 USC § 401 or 402 and an acknowledgement of Government sponsorship (including Subgrant number) to any work first produced under an award unless the work includes any information that is otherwise controlled by the Government(e.g.,classified information or other information subject to national security or, export control laws or regulations). For any scientific, technical,or other copyright work based on or containing data first produced under this Agreement,including those works published in academic, technical or professional journals, symposia proceedings,or similar works,Subrecipient grants the Govemment a royalty-free,nonexclusive and irrevocable license to reproduce,display, distribute copies, perform,disseminate,or prepare derivative works,and to authorize others to do so, for Government purposes in all such copyrighted works. 15 , N. Patents and intellectual Property Rights. Unless otherwise provided by law,Subrecipient is subject the Bayh-Dole Act, 35 USC § 200 et seq., as amended, including requirements governing the development,reporting and disposition of rights to inventions and patents resulting from financial assistance awards, 37 CFR Part 401,and the standard patent rights clause in 37 CFR§ 401.14. 0. Use of DHS Seal,Logo and Flags. Subrecipient agrees to obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials, P. Personally Identifiable Information (Pit). Subrecipient,if it collects Pit, is required to have a pub]ically available privacy policy that described what PII they collect,how they use it,whether they share it with third parties and how individuals may have their P11 corrected where appropriate. Q. Federal Debt Status. Subrecipient shall be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,benefit overpayments and any amounts due under Section l l.c of this Agreement. See OMB Circular A- 129 for additional information and guidance. R. Energy Policy and Conservation Act, Subrecipient must comply with the requirements of 42 USC § 6201 which contains policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with the Act. S. Lobbying Prohibitions. Subrecipient must comply with 31 USC §1352, which provides that none of the funds provided under an award may be expended by the subrecipient to pay any person to influence,or attempt to influence and officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. T. Terrorist Financing. Subrecipient must comply with US Executive Order 13224 and US law that prohibits transactions with, and the provisions of resources and support to,individuals and organizations associated with terrorism. It is the legal responsibility of Subrecipients to ensure compliance with the EO and laws 16 EXHIBIT C Subagreement Insurance Requirements GENERAL. Subrecipient shall require in its first tier subagreements with entities that are not units of local government as defined in ORS 190.003, if any,to: i) obtain insurance specified under TYPES AND, AMOUNTS and meeting the requirements under ADDITIONAL INSURED,"TAIL"COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before performance under the subagreement commences,and ii)maintain the insurance in full force throughout the duration of the subagreement. The insurance must be provided by insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to State. Subrecipient shall not authorize work to begin under subagreements until the insurance is in full force. Thereafter, Subrecipient shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. Subrecipient shall incorporate appropriate provisions in the subagreement permitting it to enforce compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. In no event shall Subrecipient permit work under a subagreement when Subrecipient is aware that the contractor is not in compliance with the insurance requirements. As used in this section, "first tier"means a subagreement in which Subrecipient is a Party. j S TYPES AND AMOUNTS. i. WORKERS COMPENSATION. Insurance in compliance with ORS 656.017,which requires all employers that employ subject workers, as defined in ORS 656.027, to provide workers' compensation coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Employers' liability insurance with coverage limits of not less than$500,000 must be included. ii. COMMERCIAL GENERAL LIABILITY. Commercial General Liability Insurance covering bodily injury,death, and property damage in a fb m and with coverages that are satisfactory to State.This insurance shall include personal injury liability, products and completed operations. Coverage shall be written on an occurrence form basis, with not less than the following amounts as determined by OEM: Bodily Injury, Death and Property Damage: $500,000 per occurrence, (for all claimants for claims arising out of a single accident or occurrence). iii, AUTOMOBILE Liability Insurance: Automobile Liability. Automobile Liability Insurance covering all owned, non-owned and hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance(with separate limits for"Commercial General Liability" and"Automobile Liability"). Automobile Liability Insurance i must be in not less than the following amounts as detennined by OEM: i t 17 + l Bodily Injury, Death and Property Damage: 5500,000 per occurrence(for all claimants for claims arising out of a single accident or occurrence), ADDITIONAL INSURED. The Commercial General Liability Insurance and Automobile Liability insurance must include OEM,its officers,employees and agents as Additional Insureds but only with respect to the contractor's activities to be performed under the Subcontract. Coverage must be primary and non-contributory with any other insurance and self-insurance. "TAIL" COVERAGE. If any of the required insurance policies is on a"claims made"basis,such as professional liability insurance, the contractor shall maintain either"tail"coverage or continuous "claims made"liability coverage,provided the effective date of the continuous"claims made" coverage is on or before the effective date of the Subcontract,for a minimum of 24 months following the tater of; (i) the contractor's completion and Subrecipient's acceptance of all Services required under the Subcontract or, (ii) the expiration of all warranty periods provided under the Subcontract. Notwithstanding the foregoing 24-month requirement, if the contractor elects to maintain"tail" coverage and if the maximum time period"tail"coverage reasonably available in the marketplace is less than the 24-month period described above,then the contractor may request and OEM may grant approval of the maximum"tail "coverage period reasonably available in the marketplace. If OEM approval is granted, the contractor shall maintain "tail"coverage for the maximum time period that "tail"coverage is reasonably available in the marketplace. NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide 30 days' written notice to Subrecipient before cancellation of,material change to,potential exhaustion of aggregate limits of,or non-renewal of the required insurance eoverage(s). CERTIFICATES) OF INSURANCE. Subrecipient shall obtain from the contractor a certificate(s)of insurance for all required insurance before the contractor performs under the Subcontract.The certificate(s)or an attached endorsement must specify: i) all entities and individuals who are endorsed on the policy as Additional Insured and ii) for insurance on a"claims made"basis,the extended reporting period applicable to"tail"or continuous "claims made"coverage. 18 Exhibit D Information required by 2 CFR 200.331(a) 1. Federal Award Identification: (i) Sub-recipient name(which must match registered name in DUNS): City of Portland (ii) Sub-recipient's DUNS number: 054971197 (iii) Federal Award Identification Number(FAIN): EMW-2016-SS-00089-SOI (iv) Federal Award Date: September 01, 2016 (v) Sub-award Period of Performance Start and End Date: From September 15,2016 to May 30,2fl19 (vi) Amount of Federal Funds Obligated by this Agreement: $2,822,000 0 (vii) Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity including this agreement *: $3,248,017 (viii) Total Amount of Federal Award committed to the Subrecipent by the pass-through entity: $2,958,536 (ix) Federal award project description: The Urban Area Security Initiative Grant plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment,and delivery of core capabilities in the Portland regional area essential to achieving the National Preparedness Goal of a secure and resilient Nation. (x) (a)Name of Federal awarding agency: U.S.Department of Homeland Security, Federal Emergency Management Agency (FEMA) (b) Name of Pass-through entity: Oregon Military Department, Office of Emergency Management (c) Contact information for awarding official: Andrew Phelps, Director—Oregon Office of Emergency Management, PO Box 14370, Salem, OR 97309-5062 (xi) CFDA Number and Name: 97.067 Homeland Security Grant Program Amount: $6,799,000 (xii) Is Award R&D? No 3 (xiii) Indirect cost rate for the Federal award: 0% 2. Subrecipient's indirect cost rate: 0% *The Total amount of Federal Funds Obligated to the Subrecipient by the pass-through entity is the Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity during the current #f fiscal year. i 19 ! ATTACHMENT 2 Final; Approved at April 11, 2012 Steering Committee Meeting Standard Operating Procedure Urban Areas Security Initiative (UASI) Program Management Under the Regional Disaster Preparedness Organization (RDPO) The Portland Urban Area(PUA) includes the City of Portland,Clackamas,Columbia,Multnomah and Washington Counties in Oregon,and Clark County in Washington.The federal Urban Areas Security Initiative(UASI)was established in 2003 and awarded grant funds to the PUA to enhance the regional capability to prevent and reduce its vulnerability to a range of hazards. The Regional Disaster Preparedness Organization(RDPO)serves as the Urban Area Working Group (UAWG),the governance structure to set direction and oversee implementation of the UASI Program in the PUA.The fiscal agent for the Portland UASI Program is the City of Portland and the assigned Point of Contact(POC)is the Director of the Portland Bureau of Emergency Management (PBEM). These standard operating procedures govern the coordination, development and implementation of all UASI program initiatives. 1. Composition, Roles and Responsibilities The RDPO/UAWG is comprised of six organizational components: • Policy Committee (PC) • Steering Committee(SC) • Program Committee(PrC) • Grants and Finance Committee(GFC) • Working Groups(WG) • Grant Administrator/Point of Contact(GA/POC) A. Policy Committee(PC) — Composition includes 17 elected officials: one representative from each of the five counties, the City of Portland, Metro,and 10 Cities(two per county).The PC is responsible for: • Endorsing and supporting the Portland Urban Area Homeland Security Strategy (PUAHSS) and priorities,as developed by the Steering Committee. ■ Providing political leadership to develop and pursue regional disaster preparedness policies and future vision for the PUA influenced in part by the UASI grant program outcomes and experience(e.g., Program Review). ■ Providing oversight to the UASI evaluation process to determine the effectiveness and impact of the UASI program in meeting its goals and objectives. • Advising on issues brought forward by the Steering Committee. B. The Steering Committee(SC) — Composition includes up to 18 executive level members: one representative from each of the five counties and the City of Portland, the Chair of the PrC,one representative each for law enforcement, fire/EMS, public S:\RDPO\RDPO Governance &Organ izatio n\SOP\Program Management\UASI Prgm Mgmt in RDP0_S0P_Approved040212.doc Page 1 of 6 Final: Approved at April 11, 2012 Steering Committee Meeting safety communications, and public health,two representatives for public works and up to five at-large representatives(private and non-profit sector representatives,as well as additional public sector representation).The SC sis responsible for: ■ Informing the PC on UASI grant matters. ■ Reviewing, managing and updating the RDPO strategy and PUAHSS, as needed. • Adopting and maintaining grant management policies and procedures. ■ Providing the PrC with strategic direction(priorities)for project development and funding allocations. ■ Giving final approval of grant applications. ■ Ensuring grant funds are utilized strategically,efficiently and effectively (i.e., maximum program impact,sound utilization of resources). • Approving reallocation and reprogramming requests that involve a major change of scope from the original project or an entirely new project of$20,000 or more. ■ Resolving grant issues forwarded by the PrC. C. The Program Committee(PrC)—Composition includes the chairs of the WGs or their designees.The PrC is responsible for: ■ Vetting project proposals from all WGs for applications and reprogramming processes. • Determining the package of projects and initiatives to recommend to the SC for approval—i.e., inclusion in the UASI grant application (new funding cycle). • Making decisions on funding allocations, reallocations and reprogramming requests greater than$10,000. • Implementing the RDPO strategy and PUAHSS. • Providing progress reports to the SC. D. Grants and Finance Committee(GFC)—Composition includes one representative each from the City of Portland's Office of Management and Finance, PREM grants and finance and the Oregon State Administrative Agency(SAA), and two to three selected regional staff representatives.The GFC is responsible for: • Ensuring that all proposals align with the RDPO strategy and the PUAHSS. • Reviewing all project proposals for compliance with regional, state and federal program guidance. ■ Reviewing all budgets for compliance with city, state and federal requirements. • Providing financial expenditure reports, including grant burn rates,to the Program Committee, Steering Committee,et al. (Note:the GFC Chair will provide support on questions of a financial data or compliance nature.) ■ Making decisions on funding allocations less than$10,000. E. Work Group(WG)— Composition includes representatives from all interested/participating jurisdictions/disciplines. Some WGs are discipline focused while others may be capability or project focused.The WGs are responsible for: ■ Developing project proposals for recommendation to the PrC. • Managing projects. ■ Providing progress reports to the PrC and GFC. • Implementing the RDPO strategy and PUAHSS. S:\ROPO\RDPO Governance& Organization\SO P\P rog ram Management\UASI Prgm Mgmt in RDP0_S0P_Approved040212.doc Page 2 of 6 Final: Approved at April 11, 2012 Steering Committee Meeting F. Grant Administrator/Point of Contact(GA/POC) —The UASI GA/POC represents the fiscal agent,the City of Portland, and is responsible for communication and coordination with the SAA, Oregon Emergency Management(OEM). The GA/POC does not have decision-making authority over the contents of grant applications, including which projects are contained within, but is responsible for ensuring grant compliance and sound fiduciary performance. Specifically,the GA/POC is responsible for: • Liaising between the RDPO and the SAA on all UASI matters,and submitting proposals and reports to the SAA. • Supporting the Grants and Finance Committee in the discharge of its duties. II. Decision Making Process A. Decisions are made using a consensus model that assumes all members can and will support decisions made by the group. B. Before a committee/group decision is considered final,the chair of the committee/group tests consensus by asking if any member is unable to support the decision. C. If consensus cannot be reached,a vote occurs. Each member in attendance is entitled to one vote.WG co-chairs must select one person to represent their working group's vote on the PrC.(Additional details for each committee/group are available in their specific SOPS). D. The decision whether or not to vote on an issue is generally at the discretion of the chair. However,any member may request a vote. E. The results of the vote are documented in the notes from the meeting. F. In some situations,it may not be possible to hold a meeting to decide an issue.For example,a decision on a grant application may require a quick assessment to meet a deadline. In these cases,group members may be asked to vote by other means such as an online survey or email.When a vote is taken in this manner the chair shares the results of the vote–and how each member voted–with the committee/group members. III. Funding Methodology A. Background 1. UASI grant funds are awarded by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency(FEMA)on an annual basis. 2. The awards are made based on applications consisting of investment justifications (initiatives) submitted by the PUA. Each investment justification represents one or more related projects. 3. All projects must be supported by the Portland Urban Area Homeland Security Strategy(PUAHSS)and be consistent with the purpose and specific requirements of the UASI grant program. 4. All UASI grant sub-recipients are bound by contracts or intergovernmental agreements that require compliance with all grant terms and conditions. 5. Awarded grant funds are managed by the RDPO/UAWG consistent with investment justifications. S:\RDPO\RDPO Governance & Organ ization\SOP\Program Management\UASI Prgm Mgmt in R DPO_SOP_Approved040212.doc Page 3 of 6 Final: Approved at April 11, 2012 Steering Committee Meeting 6. Grant funds maybe reallocated or reprogrammed to other projects(new or existing),when appropriate, if the projects are consistent with the PUA's investment justifications, support the PUAHSS and are approved by the RDPO/UAWG and, when required,the State Administrative Agency(SAA). B. Guiding Principles 1. All WGs and standing committees have equal access and opportunity to seek UASI grant funding. 2. All jurisdictions that seek funding through the UASI grant program must be National Incident Management System(NIMS) compliant. 3. Projects that provide multi-jurisdictional or multi-disciplinary benefit are given preference over single agency or single jurisdiction requests. 4. Whenever possible, projects should provide regional benefit by reducing risk, developing/supporting regional plans or developing/enhancing regional capabilities. S. As the UASI administrative agency, all questions to state or federal government partners about the eligibility of grant-funded projects or items shall be coordinated by PREM. 6. All projects are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review. No funds will be allocated to or expended on a project until the required EHP review has been completed and approved. C. Allocation Process 1. Annual Grant Application and Award a. Steering Committee i. Develops priorities for the annual application (investment justifications) based on the grant guidance,the RDPO Strategy,the PUAHSS, and ongoing initiatives and projects. ii. Develops the application timeline and assigns work to ensure completion of the application by the grant submission deadline. iii. Reviews and approves the application(narrative and budget) prior to submission to the SAA and DHS/FEMA. b. Program Committee L Vets all project proposals based on their benefit to the region, linkage to the PUAHSS and ability to be completed during the grant performance period. ii. May develop proposals(including a narrative and budget) for projects that overlap multiple WGs or for which there is no responsible WG. iii. Decides which projects and associated funding levels will be recommended to the SC for inclusion in the application. iv. Works with the GFC and regional staff to draft investment justifications for submittal to the SC. S:\RDPO\RDPO Governance &Organization\SOP\Program Management\UASI Prgm Mgmt in RDPO_SOP_Approved040212.doc Page 4 of 6 Final: Approved at April 11, 2012 Steering Committee Meeting v, Following the grant award, adjusts the budget if necessary and submits it to the SC and GFC for review and submission to the SAA. c. WGs/Standing Committees i. Develop and prioritize committee or discipline-specific project proposals, including project descriptions and budgets. ii. Work with other WGs/standing committees to develop capability- specific project proposals including project descriptions and budgets. iii. Submit project proposals to the PrC for consideration. iv. Following final grant award and budget approval by the SAA, develop more detailed budgets and submit them to the GFC for review and approval. d. UASI Regional Staff i. Support the WGs/standing committees with development of project proposals. ii. Work with the GFC to confirm the grant eligibility of project proposals before submittal to the PrC. iii. Draft investment justifications consistent with PrC and SC tasking. iv. Combine individual investment justification budgets into a draft overarching budget for the GFC to review. D. Reallocation/Reprogramming Processes 1. Process for a funding reallocation request with no major change to the original project scope (funds added to an approved project or moved from one approved project to another approved project): a. WGs identify budget shortfalls and overages and complete amendment forms to request administrative movement of funds from one budget line to another based on project requirements and activity. b. The GFC acts on reallocation requests with no major change of scope under $10,000. The GFC submits reallocation requests of$10,000 or greater to the Program Committee for consideration. c. The Program Committee takes action on reallocation requests of$10,000 and above. d. The GA/POC submits approved reallocation requests above$10,000 to the SAA for approval. 2. Process for a funding reallocation requests with a major change to the original project scope (a request is made to use funding for a purpose other than originally approved or a new project is proposed outside of the regular reprogramming process): a. WGs identify budget changes that are a result of a new project proposal or a change of scope to the originally approved project. S:IRDPOtRDPO Governance& Organization\SOP\Program Management\UASI Prgm Mgmt in ROPO_SO P_Ap proved040212.doc Page 5 of 6 Final: Approved at April 11, 2012 Steering Committee Meeting b. The GFC vets the proposal to ensure the project is eligible and the budget is accurate,The GFC also reviews for compliance with city,state and federal requirements.The GFC submits allowable proposals to the PrC for review and approval. c. The PrC takes action on reallocation requests below$20,000 and submits requests above$20,000 to the SC for review. d. The Steering Committee notifies the GFC of approved/denied requests. e. The GA/POC submits approved reallocation requests above$10,000 to the SAA for approval. 3. Process for reprogramming grant funding(the reassignment of funds to a newly identified project consistent with the investment justification): a. PrC Chair calls for all WGs to submit reprogramming project proposals and detailed budgets. b. The PrC reviews and acts on the reprogramming proposals and prioritizes approved proposals for funding. Regional staff provides support in the tracking of these projects and in completing and maintaining paperwork. c. The GFC reviews all projects for eligibility and budgets for accuracy. d. The PrC submits a summary report of the recommended proposals to the SC for review and approval. e. The GA/POC submits reprogramming requests approved by the SC to the SAA for final approval. Adopted:April 11, 2012 Approved: April 11, 2012 f CAII z Steering Committee Chair Date Steering Comm itte Vice-Chair Date S:\RDPO\RDPO Governance&Organization\SOP\Program Management\UASI Prgm Mgmt in RDPO_SO P_Approved040212.doc Page 6 of 6 AIS-3288 3. B. Business Meeting Meeting Date: 10/24/2017 Length (in minutes): Consent Item Agenda Title: AWARD PURCHASE OF CATERPILLAR BACKHOE TO PETERSON CAT Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award the purchase of a Caterpillar 430F2 IT Backhoe to Peterson CAT under a National Joint Powers Alliance cooperative contract? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the purchase of a Caterpillar 430F2 IT Backhoe to Peterson CAT for$134,968 under a National joint Powers Alliance cooperative contract and authorize the City Manager to take the necessary steps to complete the purchase. KEY FACTS AND INFORMATION SUMMARY The current backhoe shared between the city's Sanitary Sewer and Stormwater divisions was purchased in 2006.The machine is integral for performing spot repairs on our infrastructure,performing ditch line maintenance and other functions such as loading dump trucks in the city's yard. The current piece of equipment has surpassed its useful service to the city and is ready for surplus in accordance with the Public Contracting Rules. Revenue from the sale of the current backhoe will be placed back in the Sanitary Sewer and Stormwater Funds. This purchase was budgeted for in both the Sanitary Sewer and Stormwater Funds. In researching a suitable replacement,staff determined that a Caterpillar 430F2 IT Backhoe best meets the city's needs. Under the city's membership with the National Joint Powers Alliance (NJPA),the city is able to make a purchase of such a machine though the use of a permissive cooperative procurement contract. Under both Tigard Public Contracting Rule 10.085 and Oregon Revised Statute 279A.215 the city is eligible for permissive cooperative procurements. Using this allowable form of procurement in this instance allows the city to recognize a 24%discount of the sale price of the backhoe, saving the city roughly$41,500. The price to Tigard for the equipment is $134,968,including freight charges. If the Local Contract Review Board approves this purchase a purchase order incorporating any terms required under the NJPA agreement will be issued for the backhoe. OTHER ALTERNATIVES The Local Contract Review Board may reject this purchase and direct staff to solicit for the equipment. This may lead to higher cost as the city would use the "bulk" pricing cost and incur more staff hours. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this purchase. Fiscal Impact Cost: $134,968 Budgeted (yes or no): Yes Where budgeted?: Sanitary Sewer and Stormwater Funds Additional Fiscal Notes: The cost of this backhoe is just under$135k. Both operational units the Sanitary Sewer and Stormwater Funds have appropriations in the their FY 18 budgets for the purchase of this shared piece of equipment. Attachments No fale(s)attached. AIS-3252 4. Business Meeting Meeting Date: 10/24/2017 Length (in minutes):45 Minutes Agenda Title: JOINT MEETING WITH THE TIGARD TRANSPORTATION ADVISORY COMMITTEE Prepared For: Buff Brown,Community Development Submitted By: Joe Patton,Community Development Item Type: Joint Meeting-Board or Other Juris. Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE This is the joint meeting of the Tigard Transportation Advisory Committee (TTAC) and the Tigard City Council as described in the TTAC Bylaws Section XI,Item C. STAFF RECOMMENDATION / ACTION REQUEST No action. Discussion only. KEY FACTS AND INFORMATION SUMMARY The Tigard Transportation Advisory Committee (TTAC) meets annually with the City Council to share information and receive feedback regarding Council priorities for TTAC. The TTAC has been staffed by Mike McCarthy (Engineering),Buff Brown(Community Development),and is currently chaired by Kevin Watkins, long-time Tigard resident.TTAC members wish to discuss and seek direction on how they can be engaged in implementing the Strategic Plan,support improvements to transit service,and participate in identifying and solving transportation problems in Tigard. The individual perspectives of TTAC members represent a diverse but mutually-supported range of viewpoints. The committee plans to provide a brief summary of the past year with highlights of(1) establishing Standard Operating Procedures for CIP prioritization and a City Gas Tax project list,and (2) forming a Transit Subcommittee. TTAC will also provide a set of actionable items for the City Council to consider for moving forward regarding(1) On-site notification for construction and maintenance projects, (2) accommodating ped/bike traffic during construction,maintenance,and development projects,and (3) to develop a pedestrian plan that implements Tigard's walkability goal. In addition, the TTAC liaison to the Pedestrian Bicyclist Subcommittee (PBS),and the liaison to the new Tigard Transit Subcomn ittee (TTS) will give an overview of their past and future activities. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Strategic Vision: to be the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. Council Resolution No 09-14 formed the TTAC in 2009,and Resolution 14-56 was the latest modification to the bylaws. The important bylaw clauses: SECTION I. CHARGE AND DUTIES: C. It shall be the function of the Committee to act as an advisory body to the City Council and city staff pursuant to these bylaws. D. The Committee shall create and maintain a project list,which designates in order of priority,the projects for which city motor vehicle fuel tax revenue is to be used. E. TTAC may serve in an advisory role to staff and Council on a broad range of relevant transportation issues reflecting city priorities and work program capacity,including: project prioritization for funding in the Capital Improvement Program,preparation of multimodal transportation system plans and corresponding transportation financing/ capital investment programs,developing funding mechanisms and sources to implement transportation projects, traffic safety and input on project development and concept design. SECTION XI.ANNUAL REPORT OF THE COMMITTEE A. Not later than December 1, the Committee shall prepare an Annual Report to the City Council. B. The Annual Report shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Committee believes would assist its mission or improvement of the City transportation system. C. The Annual Report may be in the form of a joint meeting with Council. The Annual Report shall not be submitted unless approved by the Committee. Committee members will be provided an opportunity to prepare for and participate in the joint meeting. Tigard Municipal Code Section 3.65.270 - Use of Tax Revenues. 3. The Tigard Transportation Advisory Committee shall create and maintain a project list,which designates in order of priority, the projects for which net revenue shall be used subsequent to sufficient funds being collected to fully finance and pay for the Greenburg Road/Highway 99/Main Street intersection improvements. If,at anytime,the Transportation Advisory Committee has not designated a project for funding, all funds collected pursuant to this chapter shall be maintained in the Tigard City Gas Tax Fund until such time as the Transportation Advisory Committee designates a priority project for the use of such funds. (Ord. 09-12;Ord. 08-20;Ord. 06-21). DATES OF PREVIOUS COUNCIL CONSIDERATION The Tigard Transportation Advisory Committee (TTAC) previously held its annual joint meeting with the City Council on: •September 16,2014 •October 20,2015 •October 18,2016 Attachments No fale(s)attached. i � C1ty O�1 lga.rd Respect and Care � Do the Right Thing � Get it Done • • TIGARD City ofTigard Agenda • "Year-in-Review" - 2017 Planning Calendar • Highlights • Recommendations • Comments from TTAC Members & Alternates City ofTigard 2017 Calendar Month / Date Actions/Main Topics January 4 Regional initiatives;project updates; year-in-review February 1 Wash. Co. 'futures"study;funding sources; elections March 1 Goal setting;planning calendar April 5 Transportation safety workshop (w/Dr. Takallou) May 3 Urban Renewal Ballot Measures; 2017 construction projects; induced travel June 7 Urban Renewal—next steps; River Terrace update; Transit Subcommittee July 5 (Cancelled) August 2 Preview CIP process; Transit Subcommittee; OR transportation bill September 6 Complete Streets; CIP prioritization; Action: Transit Subcommittee October 4 Council meeting prep;Action: CIP prioritization & Gas Tax Listing November 1 SW Corridor update; SW Service Enhancement Plan update December 6 (Cancelled) City ofTigard Highlights • Established "standard operating procedure" with City (deliverables, schedule, etc.) for both CIP prioritization & City gas tax project listing • Formed Transit Subcommittee • Focus: maintain/improve local transit services City ofTigard Recommendations • Place more "on-site" notification signage for construction and maintenance projects ( NOTE: supplemental to current communications) • Accommodate pedestrian and bicycle traffic at all construction, maintenance, and development projects • Develop/implement pedestrian plan to achieve Tigard's "walkability" goal AIS-3221 5. Business Meeting Meeting Date: 10/24/2017 Length (in minutes):20 Minutes Agenda Title: Informational Public Hearing to Consider Approval of Resolution for the FY2018 First Quarter Budget Supplemental Prepared For: Toby LaFrance,Finance and Information Services Submitted By: Steve Kang,Finance and Information Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing- Informational Public Hearing: Yes Publication Date: Information ISSUE Shall the Tigard City Council adopt a FY 2018 First Quarter Budget Supplemental? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the City Council approve the FY 2018 First Quarter Budget Supplemental. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require council action for FY 2018 in the First Quarter Budget Supplemental: Community Development •Q1CD02 Change the funding ratio for the Permit Technician Assistant position- Use revenue from the Building Division to fund the majority of the Permit Technician Assistant position. This would result in a change from the current 20/80 split with General Fund so that the Building Fund supports 80 percent of that position,while General Fund would support 20 percent. The position will handle more Building related activities including balancing cash drawer and intake of building permits. 9Q1CD03 Increase the hours for the half-time Community Engagement Assistant-With the Building Division supporting 80 percent of the Permit Technician Assistant position,the resulting savings to the General Fund would be used to expand the half-time Community Engagement Assistant position to a full-time position. For past 9 months, the increasing popularity of the community engagement efforts pushed the staff to work overtime. Additionally, the staff will add more community engagement events to the schedule. City Management •Q1CM01 Increase of 1.0 FTE for City Attorney—Each department budgeted legal fees in the adopted FY17-18 budget. In October, the City Council approved the hiring of an in-house city attorney (1.0 FTE).The legal fees in the FY 17-18 budget will be transferred to pay for the city attorney position in a newly established division. Costs transfer will include items such as salary,benefits,training,office set up,and contractual professional services. Police •QlPD01 TPOA Contract Costs—As per the TPOA contract provisions effective July 1,2017, the Police Department must increase appropriation to accommodate the increased costs. •QlPD02 Vehicle replacement—Police Vehicle#14-825 was totaled during an incident. An officer was responding to an emergency"in-progress" crime.While en route to the scene,the patrol vehicle and a civilian vehicle collided in an intersection. No one was hurt. Public Works •Q1PW08 Risk Assessment Corrections -Ash Building—Work is needed to bring this building up to code and to prevent accidents.Work includes installation of A/C,updated stairway to comply with code, etc. •Q1PW01 LQC Prosect-Tigard Access Trails—Approved LQC project for Tigard Access Trails.This project will implement the AccessRecreation Guidelines for providing trail information to people with disabilities for Tigard's community parks. Non Budgetary Impact Items •Q1CD01 -Increase of 0.25 FTE for the half-time Assistant Planner—Use the currently budgeted funds for Temporary Project Planning Assistant position and some additional funds from the consulting budget to add to the half-time (20hr per week) Assistant Planner position to make the Assistant Planner a 30 hour position. The additional hours will allow the Permit Counter to realign priorities and resources in order to keep up with the increased workload. Capital Improvement Program (CIP) •CIP 92052 -Bull Mountain Park Trail—This request covers internal costs that went over estimate. •CIP 97013-01,02 Saxony Properties CCDA—High construction bid.Appropriations will only be used if all other funding is exhausted. •CIP 93009 Fanno Creek Slope Stabilization (Arthur Courts—Field conditions changed design requirements. The design consultant recommends to go through the permitting process in this fiscal year to prevent a potential construction delay. Total project cost will not change due to this request. •CIP 91020 Civic Center Visioning Plan—Prior year appropriation-unable to carry forward in technical adjustment. MWA contract is active. •CIP 93013 East Tigard Sewer Replacement •$158,500-Prior year appropriation requested.Appropriation does not increase total project cost. CWS has appropriated this reimbursement in the current year. Criteria to reimburse this request has been met,reimbursement is received as project progresses. •$450,000 -Request addresses higher than anticipated construction bid. Request has been evaluated and reviewed by CWS and City Finance. Of the total,$370k will be reimbursed by CWS. CWS has appropriated this reimbursement in the current year. Criteria to reimburse this request has been met,reimbursement is received as project progresses. •CIP 96047 Canterbury Pump Station—Prior year appropriation of$40,000 needed to completed project design. •CIP 95049 Commercial Street Sidewalk (Lincoln Avenue to 95th Avenue) CDBG •$54,000 -Request to cover additional cost resultant from receipt of second bid over engineers' estimate. Overage will be split 50/50 with CDBG if overage is approved by CDBG in mid-October 2017. •$68,500-Prior year appropriation of$68,320; 100%reimbursable by CDBG grant. Grant compliance has been met,grant can be billed for reimbursement.Project has been rebid twice. Project came in over engineer's estimate in both bids. Second bid was more favorable than first. Request relies on approval of$54,000 in additional appropriation requested to cover bid overage. OTHER ALTERNATIVES Do not approve the FY 2018 First Quarter Budget Supplemental. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the City Council has been presented this information. Attachments Resolution-FY18 1st Quarter Supplemental Budget FY18 Q1 Supplemental Summary FY 18 Q -Exhibit A FY 18 Q2-Exhibit B CITY OF TIGARD-BUDGET SUPPLEMENTAL FY 2017-2018 Quarter: 1 Item as Department Fund Division Expense Object Revenue Object Request Title Request Funding Total Amount Detailed Description Reason(if carry Code/Account Code/Account cource forward) Q1CD01 Community 100-Genera1 Fund 3300-Community Planning Multiple Increase the hours for the half-time NEW Existing $ - Use the currently budgeted funds for Temporary Project Planning Development Assistant Planner position from 20 to Appropriations Assistant position and some additional funds from the consulting 30 hours per week.Increase of 0.25 budget to add to the half-time(20hr per week)Assistant Planner FTE, position to make the Assistant Planner a 30 hour position.The additional hours will allow the Permit Counter to realign priorities and resources In order to keep up with the increased workload. QlCD02 Community 230-Building Fund 3100-Building Multiple Change the funding ratio for the NEW Contingency $ 42,500 Use revenue from the Building Division to fund the majority of the Development Permit Technician Assistant position Permit Technician Assistant position.This would result in a change from the 20 percent currently funded from the current 20/80 split with General Fund so that the Building by the Building Fund to 80 percent Fund supports 80 percent of that position,while General Fund would funded by the Building Fund, support 20 percent. The position will handle more Building related activities Including balancing cash drawer and intake of building Q1CD03 Community 100-General Fund 330010ommunity Planning Multiple Increase the hours for the half-time NEW Existing $ 37,000 With the Building Division supporting 80 percent of the Permit Development Community Engagement Assistant Appropriations Technician Assistant position,the resulting savings to the General position from 20 to 40 hours per Fund would be used to expand the half-time Community Engagement week.Increase of 0.5 FTE. Assistant position to a full-time position.For past 9 months,the increasing popularity of the community engagement efforts pushed the staff to work overtime.Additionally,the staff will add more community engagement events to the schedule. Q1CM01 City MULTIPLE Multiple Multiple Increase of 1.0 FTE for City Attorney NEW Existing $ 240,151 Each department budgeted legal fees in the adopted FY17-18 budget. Management Appropriations In October,the City Council approved the hiring of an In-house city attorney(1.0 FTE).The legal fees in the FY 17-18 budget will be transferred to pay for the city attorney position in a newly established division.Costs transfer will include Items such as salary,benefits, training,office set up,and contractual professional services. Q1PD01 Police 100-General Fund Multiple TPOA Contract Costs NEW Contingency $ 228,000 As per the TPOA contract provislons effective duly 1,2017,the Police Department must Increase appropriation to accommodate the QlPD02 Police 100-General Fund 4100-Police Operations 56003 Vehicles 48001 Recovered Veh1c*replacement NEW New $ 34,000 Police Vehicle*14-825 was totaled during an incident.An officer was Expenditures responding to an emergency"In-progress"crime.While en route to the scene,the patrol vehicle and a civilian vehicle copied in an intersection.No one was hurt. The vehicle has been declared'totaled'and our Insurance carrier CIS will reimburse the City for most of the replacement and related Q1PW01 PW Engineering 420-Parks Capital Fund 8000- 56005 Work in Progress CIP 92052-Bull Mountain Park Trail-NEW Contingency $ 17,000 This request covers internal costs that went over estimate. CIP/Transfers/Contingent request for additional funding Q1PW02 PW Engineering 100-General Fund 8000- 57255 Transfer Out to Urban CIP 97013-01,02 Saxony Properties NEW Miscellaneous $ 40,000 High construction bid.Request approved by City Finance,funds will CIP/Transfers/Contingent Services Fund CCDA request for additional funding Revenue only be used if all other funding is exhausted. QIPW03 PW Engineering MULTIPLE 8000- 56005 Work in Progress CIP 93009 Fanno Creek Slope NEW Contingency $ 30,000 Field conditions changed design requirements.The design consultant CIP/Transfers/Contingent Stabilization(Arthur Court)request recommends to go through the permitting process in this fiscal year to y for additional funding prevent a potential construction delay.Total project cost will not chance due to this reauest. QiPW04 PW Engineering 400-Facilities Capital 8000- 56005 Work in Progress CIP 91020 Civic Center Visioning Plan CARRYFORWARD Unanticipated $ 204,000 Prior year appropriation-unable to carry forward in technical Prior year appropriation- Projerts Fund CIP/Transfers/Contingent Fund Balance adjustment.MINA contract is active. unable to carry forward in y technical adjustment.MWA QtPW05 PW Engineering 500-Sanitary Sewer 8000- 56007 Work In Progress CIP 93013 East Tigard Sewer NEW/CARRYFORWARD Miscellaneous $ 608,500$158,500-Prior year appropriation requested.Appropriation does not Fund CIP/rransfers/Contingent Replacement request for Revenue Increase total project cost.CWS has appropriated this reimbursement y carryforward and additional funding in the current year.Criteria to reimburse this request has been met, reimbursement is received as project progresses. $450,000-Request addresses higher than anticipated construction bid.Request has been evaluated and reviewed by CWS and City Finance.Of the total,$370k will be reimbursed by CWS.CWS has appropriated this reimbursement in the current year.Criteria to reimburse this request has been met,reimbursement is received as project progresses. �rirvla�ara 1eN—amm.v—o1Vne o1 w�--amm.ry..i„ 1 of 2 CITY OF TIGARD-BUDGET SUPPLEMENTAL FY 2017-2018 Quarter: 1 Item 4t Department Fund Division Expense Object Revenue Object Request Title Request Funding Total Amount Detailed Description Reason(H carry Q1PW06 PW Engineering 530-Water Fund 8000- 56005 Work In Progress CIP 96047 Canterbury Pump Station CARRYFORWARD Unanticipated $ 40,000 Prior year appropriation of$40,000 needed to completed project Prior year appropriation of CIP/rmnsfem/Contingent request for carryforward Fund Balance design. $40,000 needed to Q1PW07 PW Engineering 200-Gas Tax Fund 8000- 56005 Work In Progress CIP 95049 Commercial Street NEW/rECHNICAL Miscellaneous $ 245,000 $54,000-Request to cover additional cast resultant from receipt of Prior year appropriation- CIP/Transfers/Contingent Sidewalk(Lincoln Avenue to 95th Revenue second bid over engineers estimate.Overage will be split 50/50 with construction delayed in prior y Avenue)CDBG CDBG if overage Is approved by CDBG in mid-October 2017. year due to unfavorable bid. $68,500-Prior year appropriation of$68,320;100%reimbursable by CDBG grant,Grant compliance has been met,grant can be billed for reimbursement Project has been rebid twice.Project came in over engineer's estimate in both bids.Second bid was more favorable:than first.Request relies on approval of$54,000 in additional approprlation requested to cover bid overage. Q1PW08 Public Works MULTIPLE MULTIPLE 59200 Contingency Risk Assessment Corrections-Ash NEW Contingency $ 75,000 Work Is needed to bring this building up to code and to prevent Building accidents.Work Includes Installation of A/C,updated stairway to Q1PW09 Public Works 100-General Fund 6000-Public Works 114001 Professional/Contractual LQC Project-Tigard Access Trails NEW Contingency $ 10,000 Approved LQC project for Tigard Access Trails.This project will Administration Servicesimplement the Accessltecreiitbn Guidelines for providing trail Infomation to people with disabilities for Tigard's community parks. mix\awa<,ieUmMem.�n\Fneanrrte of s�nd.m.,,vi amm.r.i+• 2 of 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION TO ADOPT THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS, POLICY AND ADMINISTRATION, AND COMMUNITY SERVICES. WHEREAS,the city acknowledges those items that were unknown at the time the FY 2018 budget was adopted; and WHEREAS, the city recognizes approximately$1,281,651 of unanticipated budget in operations and transfers; and WHEREAS, the increase in budget is offset by unanticipated fund balance, miscellaneous revenue, and contingency. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The FY 2017-18 Budget is hereby amended as detailed in Exhibit A. SECTION: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor- City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 Exhibit A Q1CD02-Change position funding split for Permit Tech Assistant Use revenue from the Building Division to fund the majority of the Permit Technician Assistant position.This would result in a change from the current 20/80 split with General Fund so that the Building Fund supports 80 percent of that position,while General Fund would support 20 percent. The position will handle more Building related activities including balancing cash drawer and intake of building permits. Fund 1 of 2 FY 2018 Q1 Revised Q1 General Fund Budget Amendment Budget Resources Beginning Fund Balance $ 14,755,111 $ - $ 14,755,111 Property Taxes $ 15,359,468 $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ - $ _ $ - Lcenses&Permits $ 2,328,630 $ - $ 2,328,630 Intergovernmental $ 6,074,334 $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ 2,783,381 Fines&Forfeitures $ 692,476 $ - $ 692,476 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 56,432 $ - $ 56,432 Other Financing Sources $ - $ _ $ - Transfers In from Other Funds $ - $ - $ _ Total Resources $ 48,392,206 $ - $ 48,392,206 Requirements Community Development $ 3,863,116 $ (42,500) $ 3,820,616 Community Services $ 23,905,436 $ - $ 23,905,436 Policy and Administration $ 866,598 $ - $ 866,598 Public Works $ 4,914,851 $ - $ 4,914,851 Program Expenditures Total $ 33,550,001 $ (42,500) $ 33,507,501 Debt Service $ - $ _ $ _ Loan to CCDA $ 1,000 $ - $ 1,000 Work-In-Progress $ - $ _ $ - Transfers to Other Funds $ 1,913,426 $ - $ 1,913,426 Contingency $ 1,295,000 $ 42,500 $ 1,337,500 Total Budget $ 36,759,427 $ - $ 36,759,427 Reserve For Future Expenditure $ 11,632,779 $ - $ 11,632,779 Total Requirements $ 48,392,206 $ - $ 48,392,206 Exhibit A Q1CD02-Change position funding split for Permit Tech Assistant Fund 2 of 2 FY 2018 Q1 Revised Q1 Building Fund Budget Amendment Budget Resources Beginning Fund Balance $ 5,368,306 $ - $ 5,368,306 Property Taxes $ - $ _ $ _ Franchise Fees $ _ $ _ $ _ Special Assessments $ _ $ _ $ - Licenses&Permits $ 3,442,378 $ - $ 3,442,378 Intergovernmental $ 8,281 $ - $ 8,281 Charges for Services $ 7,035 $ - $ 7,035 Fines&Forfeitures $ - $ _ $ _ Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ 932 $ - $ 932 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 300,000 $ - $ 300,000 Total Resources $ 9,146,714 $ - $ 9,146,714 Requirements Community Development $ 2,309,303 $ 42,500 $ 2,351,803 Community Services $ - $ _ $ _ Policy and Administration $ _ $ _ $ _ Public Works $ _ $ _ $ _ Program Expenditures Total $ 2,309,303 $ 42,500 $ 2,351,803 Debt Service $ - $ _ $ _ Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ _ $ _ $ _ Transfers to Other Funds $ _ $ _ $ _ Contingency $ 250,000 $ (42,500) $ 207,500 Total Budget $ 2,559,303 $ - $ 2,559,303 Reserve For Future Expenditure $ 6,587,411 $ - $ 6,587,411 Total Requirements $ 9,146,714 $ - $ 9,146,714 Exhibit A Q1CD03 - Increase of 0.5 FTE for Community Engagement Assistant With the Building Division supporting 80 percent of the Permit Technician Assistant position,the resulting savings to the General Fund would be used to expand the half-time Community Engagement Assistant position to a full-time position. For past 9 months,the increasing popularity of the community engagement efforts pushed the staff to work overtime. Additionally, the staff will add more community engagement events to the schedule. FY 2018 Q1 Revised Q General Fund Budget Amendment Budget Resources Beginning Fund Balance $ 14,755,111 $ - $ 14,755,111 Property Taxes $ 15,359,468 $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ _ $ _ $ _ Licenses &Permits $ 2,328,630 $ - $ 2,328,630 Intergovernmental $ 6,074,334 $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ 2,783,381 Fines &Forfeitures $ 692,476 $ - $ 692,476 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 56,432 $ - $ 56,432 Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ - $ _ $ _ Total Resources $ 48,392,206 $ - $ 48,392,206 Requirements Community Development $ 3,863,116 $ 37,000 $ 3,900,116 Community Services $ 23,905,436 $ - $ 23,905,436 Policy and Administration $ 866,598 $ - $ 866,598 Public Works $ 4,914,851 $ - $ 4,914,851 Program Expenditures Total $ 33,550,001 $ 37,000 $ 33,587,001 Debt Service $ _ $ _ $ _ Loan to CCDA $ 1,000 $ - $ 1,000 Work-In-Progress $ _ $ _ $ _ Transfers to Other Funds $ 1,913,426 $ - $ 1,913,426 Contingency $ 1,295,000 $ (37,000) $ 1,258,000 Total Budget $ 36,759,427 $ - $ 36,759,427 Reserve For Future Expenditure $ 11,632,779 $ - $ 11,632,779 Total Requirements $ 48,392,206 $ - $ 48,392,206 Exhibit A Q1CM01- Increase of 10 FTE for City Attorney Each department budgeted legal fees in the adopted FY17-18 budget. In October,the City Council approved the hiring of an in-house city attorney(1.0 FTE).The legal fees in the FY 17-18 budget will be transferred to pay for the city attorney position in a newly established division. Costs transfer will include items such as salary, benefits, training, office set up, and contractual professional services. FY 2018 Q1 Revised Q1 Central Services Fund Budget Amendment Budget Resources Beginning Fund Balance $ 1,030,995 $ - $ 1,030,995 Property Taxes $ _ $ _ $ _ Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ Licenses &Permits $ 37,344 $ - $ 37,344 Intergovernmental $ 45,000 $ - $ 45,000 Charges for Services $ 8,030,785 $ 240,151 $ 8,270,936 Fines & Forfeitures $ _ $ _ $ Interest Earnings $ 22,593 $ - $ 22,593 Miscellaneous $ 13,400 $ - $ 13,400 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 580,775 $ - $ 580,775 Total Resources $ 9,760,892 $ 240,151 $ 10,001,043 Requirements Community Development $ _ $ _ $ _ Community Services $ _ $ _ $ _ Policy and Administration $ 8,760,290 $ 240,151 $ 9,000,441 Public Works $ - $ _ $ Program Expenditures Total $ 8,760,290 $ 240,151 $ 9,000,441 Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ _ $ _ $ _ Transfers to Other Funds $ _ $ _ $ _ Contingency $ 250,000 $ - $ 250,000 Total Budget $ 9,010,290 $ 240,151 $ 9,250,441 Reserve For Future Expenditure $ 750,602 $ - $ 750,602 Total Requirements $ 9,760,892 $ 240,151 $ 10,001,043 Exhibit A Q1PD01-TPOA Contract Costs As per the TPOA contract provisions effective July 1, 2017,the Police Department must increase appropriation to accommodate the increased costs. FY 2018 Q1 Revised Q General Fund Budget Amendment Budget Resources Beginning Fund Balance $ 14,755,111 $ - $ 14,755,111 Property Taxes $ 15,359,468 $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ - $ _ $ - Licenses &Permits $ 2,328,630 $ - $ 2,328,630 Intergovernmental $ 6,074,334 $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ 2,783,381 Fines &Forfeitures $ 692,476 $ - $ 692,476 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 56,432 $ - $ 56,432 Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ - $ _ $ _ Total Resources $ 48,392,206 $ - $ 48,392,206 Requirements Community Development $ 3,863,116 $ - $ 3,863,116 Community Services $ 23,905,436 $ 228,000 $ 24,133,436 Policy and Administration $ 866,598 $ - $ 866,598 Public Works $ 4,914,851 $ - $ 4,914,851 Program Expenditures Total $ 33,550,001 $ 228,000 $ 33,778,001 Debt Service $ _ $ _ $ _ Loan to CCDA $ 1,000 $ - $ 1,000 Work-In-Progress $ - $ _ $ - Transfers to Other Funds $ 1,913,426 $ - $ 1,913,426 Contingency $ 1,295,000 $ (228,000) $ 1,067,000 Total Budget $ 36,759,427 $ - $ 36,759,427 Reserve For Future Expenditure $ 11,632,779 $ - $ 11,632,779 Total Requirements $ 48,392,206 $ - $ 48,392,206 Exhibit A Q1PD02-Vehicle replacement Police Vehicle#14-825 was totaled during an incident. An officer was responding to an emergency "in-progress" crime. While en route to the scene,the patrol vehicle and a civilian vehicle collided in an intersection. No one was hurt. FY 2018 Q1 Revised Q General Fund Budget Amendment Budget Resources Beginning Fund Balance $ 14,755,111 $ - $ 14,755,111 Property Taxes $ 15,359,468 $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ _ $ _ $ Licenses &Permits $ 2,328,630 $ - $ 2,328,630 Intergovernmental $ 6,074,334 ,074,334 $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ 2,783,381 Fines & Forfeitures $ 692,476 $ - $ 692,476 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 56,432 $ 34,000 $ 90,432 Other Financing Sources $ _ $ - $ - Transfers In from Other Funds $ - $ - $ Total Resources $ 48,392,206 $ 34,000 $ 48,426,206 Requirements Community Development $ 3,863,116 $ - $ 3,863,116 Community Services $ 23,905,436 $ 34,000 $ 23,939,436 Policy and Administration $ 866,598 $ - $ 866,598 Public Works $ 4,914,851 $ - $ 4,914,851 Program Expenditures Total $ 33,550,001 $ 34,000 $ 33,584,001 Debt Service $ _ $ _ $ Loan to CCDA $ 1,000 $ - $ 1,000 Work-In-Progress $ _ $ _ $ _ Transfers to Other Funds $ 1,913,426 $ - $ 1,913,426 Contingency $ 1,295,000 $ - $ 1,295,000 Total Budget $ 36,759,427 $ 34,000 $ 36,793,427 Reserve For Future Expenditure $ 11,632,779 $ - $ 11,632,779 Total Requirements $ 48,392,206 $ 34,000 $ 48,426,206 Exhibit A Q1PW01- CIP 92052 Bull Mountain Park Trail request for additional funding This request covers internal costs that went over estimate. Fund 1 of 2 FY 2018 Q1 Revised Q Parks Capital Fund Budget Amendment Budget Resources Beginning Fund Balance $ 434,066 $ - $ 434,066 Property Taxes $ _ $ $ Franchise Fees $ _ $ $ Special Assessments $ _ $ _ $ Licenses & Permits $ _ $ _ $ Intergovernmental $ 1,513,627 $ - $ 1,513,627 Charges for Services $ _ $ _ $ Fines & Forfeitures $ _ $ _ $ Interest Earnings $ 3,015 $ - $ 3,015 Miscellaneous $ _ $ _ $ Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ 3,508,372 S 17,000 $ 3,525,372 Total Resources $ 5,459,080 $ 17,000 $ 5,476,080 Requirements Community Development $ _ $ _ $ _ Community Services $ _ $ _ $ Policy and Administration $ _ $ _ $ Public Works $ _ $ _ $ Program Expenditures Total $ _ $ _ $ _ Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ 5,358,627 $ 17,000 $ 5,375,627 Transfers to Other Funds $ _ $ _ $ _ Contingency $ _ S _ $ _ Total Budget $ 5,358,627 $ 17,000 $ 5,375,627 Reserve For Future Expenditure $ 100,453 $ - $ 100,453 Total Requirements $ 5,459,080 $ 17,000 $ 5,476,080 Exhibit A Q1PW01- CIP 92052 Bull Mountain Park Trail request for additional funding Fund 2 of 2 FY 2018 Q1 Revised Q Parks SDC Fund Budget Amendment Budget Resources Beginning Fund Balance $ 6,186,941 $ - $ 6,186,941 Property Taxes $ _ $ _ $ _ Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ - Licenses &Permits $ 2,969,431 $ - $ 2,969,431 Intergovernmental $ _ $ _ $ - Charges for Services $ _ $ _ $ _ Fines & Forfeitures $ _ $ _ $ _ Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ _ $ _ $ Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ _ $ _ $ _ Total Resources $ 9,176,154 $ - $ 9,176,154 Requirements Community Development $ - $ _ $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ _ Public Works $ _ $ _ $ Program Expenditures Total $ _ $ _ $ _ Debt Service $ _ $ _ $ _ Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ _ $ _ $ - Transfers to Other Funds $ 1,616,455 $ 17,000 $ 1,633,455 Contingency $ 80,000 $ (17,000) $ 63,000 Total Budget $ 1,696,455 $ - $ 1,696,455 Reserve For Future Expenditure $ 7,479,699 $ - $ 7,479,699 Total Requirements $ 9,176,154 $ - $ 9,176,154 Exhibit A Q1PW02 - CIP 97013-0102 Saxonv Properties additional funding request for CCDA High construction bid. Request approved by City Finance,funds will only be used if all other funding is exhausted. FY 2018 Q1 Revised Q General Fund Budget Amendment Budget Resources Beginning Fund Balance $ 14,755,111 $ - $ 14,755,111 Property Taxes $ 15,359,468 $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ - $ _ $ Licenses & Permits $ 2,328,630 $ - $ 2,328,630 Intergovernmental $ 6,074,334 ,074,334 $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ 2,783,381 Fines & Forfeitures $ 692,476 $ - $ 692,476 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 56,432 $ - $ 56,432 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ - $ _ $ Total Resources $ 48,392,206 $ - $ 48,392,206 Requirements Community Development $ 3,863,116 ,863,116 $ - $ 3,863,116 Community Services $ 23X905,436 $ - $ 23,905,436 Policy and Administration $ 866,598 $ - $ 866,598 Public Works $ 4,914,851 $ - $ 4,914,851 Program Expenditures Total $ 33,550,001 $ - $ 33,550,001 Debt Service $ _ $ $ Loan to CCDA $ 1,000 $ 40,000 $ 41,000 Work-In-Progress $ _ $ - $ _ Transfers to Other Funds $ 1,913,426 $ - $ 1,913,426 Contingency $ 1,295,000 $ (40,000) $ 1,255,000 Total Budget $ 36,759,427 $ - $ 36,759,427 Reserve For Future Expenditure $ 11,632,779 $ - $ 11,632,779 Total Requirements $ 48,392,206 $ - $ 48,392,206 Exhibit A Q1PW03 - CIP 93009 Fanno Creek Slope Stabilization (Arthur Court Field conditions changed design requirements, request is for updated design requirements. Fund 1 of 2 FY 2018 Q1 Revised Q Sanitary Sewer Fund Budget Amendment Budget Resources Beginning Fund Balance $ 3,479,552 $ - $ 3,479,552 Property Taxes $ _ $ _ $ Franchise Fees $ _ $ _ $ Special Assessments $ - $ _ $ Licenses &Permits $ 42,200 $ - $ 42,200 Intergovernmental $ 1,145,000 ,145,000 $ - $ 1,145,000 Charges for Services $ 2,753,696 $ - $ 2,753,696 Fines & Forfeitures $ - $ _ $ Interest Earnings $ 10,333 $ - $ 10,333 Miscellaneous $ 13,091 $ - $ 13,091 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 193,500 $ - $ 193,500 Total Resources $ 7,637,372 $ - $ 7,637,372 Requirements Community Development $ - $ _ $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ _ Public Works $ 2,471,239 $ - $ 2,471,239 Program Expenditures Total $ 2,471,239 $ - $ 2,471,239 Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ 2,074,000 $ 15,000 $ 2,089,000 Transfers to Other Funds $ 593,866 $ - $ 593,866 Contingency $ 400,000 $ (15,000) $ 385,000 Total Budget $ 5,539,105 $ - $ 5,539,105 Reserve For Future Expenditure $ 2,098,267 $ - $ 2,098,267 Total Requirements $ 7,637,372 $ - $ 7,637,372 Exhibit A Q1PW03 - CIP 93009 Fanno Creek Slope Stabilization (Arthur Court) Fund 2 of 2 FY 2018 Q1 Revised Q Stormwater Fund Budget Amendment Budget Resources Beginning Fund Balance $ 4,892,381 $ - $ 4,892,381 Property Taxes $ _ $ _ $ - Franchise Fees $ _ $ _ $ _ Special Assessments $ _ $ _ $ _ Licenses &Permits $ _ $ _ $ _ Intergovernmental $ _ $ _ $ - Charges for Services $ 2,755,890 $ - $ 2,755,890 Fines & Forfeitures $ _ $ _ $ _ Interest Earnings $ 7,936 $ - $ 7,936 Miscellaneous $ 3,100 $ - $ 3,100 Other Financing Sources $ - $ _ $ _ Transfers In from Other Funds $ 558,000 $ - $ 558,000 Total Resources $ 8,217,307 $ - $ 8,217,307 Requirements Community Development $ _ $ _ $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ - Public Works $ 2,329,116 $ - $ 2,329,116 Program Expenditures Total $ 2,329,116 $ - $ 2,329,116 Debt Service $ _ $ _ $ _ Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ 1,619,500 $ 15,000 $ 1,634,500 Transfers to Other Funds $ 255,807 $ - $ 255,807 Contingency $ 200,000 $ (15,000) $ 185,000 Total Budget $ 4,404,423 $ - $ 4,404,423 Reserve For Future Expenditure $ 3,812,884 $ - $ 3,812,884 Total Requirements $ 8,217,307 $ - $ 8,217,307 Exhibit A Q1PW04- CIP 91020 Civic Center Visioning Plan Prior year appropriation - unable to carry forward in technical adjustment. MWA contract is active. FY 2018 Q1 Revised Q Facilities Capital Projects Fund Budget Amendment Budget Resources Beginning Fund Balance $ 860,000 $ 204,000 $ 1,064,000 Property Taxes $ - $ - $ Franchise Fees $ _ $ $ Special Assessments $ _ $ _ $ Licenses &Permits $ _ $ _ $ Intergovernmental $ _ $ _ $ Charges for Services $ _ $ _ $ Fines &Forfeitures $ _ $ _ $ Interest Earnings $ 3,212 $ - $ 3,212 Miscellaneous $ _ $ $ Other Financing Sources $ - $ _ $ - Transfers In from Other Funds $ 100,000 $ - $ 100,000 Total Resources $ 963,212 $ 204,000 $ 1,167,212 Requirements Community Development $ _ $ _ $ - Community Services $ _ $ _ $ Policy and Administration $ _ $ _ $ Public Works $ _ $ $ Program Expenditures Total $ _ $ _ $ Debt Service $ _ $ $ Loan to CCDA $ _ $ $ Work-In-Progress $ 100,000 $ 204,000 $ 304,000 Transfers to Other Funds $ _ $ _ $ Contingency $ 50,000 $ - $ 50,000 Total Budget $ 150,000 $ 204,000 $ 354,000 Reserve For Future Expenditure $ 813,212 $ - $ 813,212 Total Requirements $ 963,212 $ 204,000 $ 1,167,212 Exhibit A Q1PW05 - CIP 93013 East Tigard Sewer Replacement $158,500-Prior year appropriation requested.Appropriation does not increase total project cost.CWS has appropriated this reimbursement in the current year. Criteria to reimburse this request has been met, reimbursement is received as project progresses. $450,000- Request addresses higher than anticipated construction bid. Request has been evaluated and reviewed by CWS and City Finance. Of the total,$370k will be reimbursed by CWS.CWS has appropriated this reimbursement in the current year. Criteria to reimburse this request has been met, reimbursement is received as project progresses. FY 2018 Q1 Revised Q Sanitary Sewer Fund Budget Amendment Budget Resources Beginning Fund Balance $ 3,479,552 $ - $ 3,479,552 Property Taxes $ _ $ _ $ - Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ Licenses &Permits $ 42,200 $ - $ 42,200 Intergovernmental $ 1,145,000 $ 528,500 $ 1,673,500 Charges for Services $ 2,753,696 $ - $ 2,753,696 Fines & Forfeitures $ _ $ _ $ Interest Earnings $ 10,333 $ - $ 10,333 Miscellaneous $ 13,091 $ - $ 13,091 Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ 193,500 $ - $ 193,500 Total Resources $ 7,637,372 $ 528,500 $ 8,165,872 Requirements Community Development $ - $ _ $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ - Public Works $ 2,471,239 $ - $ 2,471,239 Program Expenditures Total $ 2,471,239 $ - $ 2,471,239 Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ 2,074,000 $ 608,500 $ 2,682,500 Transfers to Other Funds $ 593,866 $ - $ 593,866 Contingency $ 400,000 $ (80,000) $ 320,000 Total Budget $ 5,539,105 $ 528,500 $ 6,067,605 Reserve For Future Expenditure $ 2,098,267 $ - $ 2,098,267 Total Requirements $ 7,637,372 $ 528,500 $ 8,165,872 Exhibit A Q1PW06 - CIP 96047 Canterbury Pump Station request for carryforward Prior year appropriation of$40,000 needed to completed project design. FY 2018 Q1 Revised Q Water Fund Budget Amendment Budget Resources Beginning Fund Balance $ 15,704,833 $ 40,000 $ 15,744,833 Property Taxes $ _ $ _ $ - Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ - Licenses &Permits $ 74,986 $ - $ 74,986 Intergovernmental $ _ $ _ $ - Charges for Services $ 20,496,907 $ - $ 20,496,907 Fines & Forfeitures $ _ $ _ $ _ Interest Earnings $ 30,644 $ - $ 30,644 Miscellaneous $ 10,933 $ - $ 10,933 Other Financing Sources $ - $ _ $ - Transfers In from Other Funds $ 58,751 $ - $ 58,751 Total Resources $ 36,377,054 $ 40,000 $ 36,417,054 Requirements Community Development $ - $ _ $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ - Public Works $ 6,898,886 $ - $ 6,898,886 Program Expenditures Total $ 6,898,886 $ - $ 6,898,886 Debt Service $ _ $ _ $ _ Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ - $ 40,000 $ 40,000 Transfers to Other Funds $ 17,457,159 $ - $ 17,457,159 Contingency $ 500,000 $ - $ 500,000 Total Budget $ 24,856,045 $ 40,000 $ 24,896,045 Reserve For Future Expenditure $ 11,521,009 $ - $ 11,521,009 Total Requirements $ 36,377,054 $ 40,000 $ 36,417,054 Exhibit A Q1PW07 - CIP 95049 Commercial Street Sidewalk(Lincoln Avenue to 95th Avenue) CDBG $54,000-Request to cover additional cost resultant from receipt of second bid over engineers estimate. Overage will be split 50/50 with CDBG if overage is approved by CDBG in mid-October 2017. $68,500-Prior year appropriation of$68,320; 100%reimbursable by CDBG grant.Grant compliance has been met,grant can be billed for reimbursement. Project has been rebid twice. Project came in over engineer's estimate in both bids.Second bid was more favorable than first. Request relies on approval of$54,000 in additional appropriation requested to cover bid overage. Fund 1 of 2 FY 2018 Q1 Revised Q Gas Tax Fund Budget Amendment Budget Resources Beginning Fund Balance $ 2,374,799 $ - $ 2,374,799 Property Taxes $ - $ _ $ - Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ - Licenses &Permits $ 68,974 $ - $ 68,974 Intergovernmental $ 3,105,614 $ 95,500 $ 3,201,114 Charges for Services $ _ $ - $ - Fines& Forfeitures $ _ $ _ $ _ Interest Earnings $ 55,732 $ - $ 55,732 Miscellaneous $ 62,818 $ - $ 62,818 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 150,000 $ - $ 150,000 Total Resources $ 5,817,937 $ 95,500 $ 5,913,437 Requirements Community Development $ - $ - $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ - Public Works $ 2,331,702 $ - $ 2,331,702 Program Expenditures Total $ 2,331,702 $ - $ 2,331,702 Debt Service $ 585,000 $ - $ 585,000 Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ _ $ - $ - Transfers to Other Funds $ 1,375,987 $ 122,500 $ 1,498,487 Contingency $ 200,000 $ (27,000) $ 173,000 Total Budget $ 4,492,689 $ 95,500 $ 4,588,189 Reserve For Future Expenditure $ 1,325,248 $ - $ 1,325,248 Total Requirements $ 5,817,937 $ 95,500 $ 5,913,437 Exhibit A Q1PW07 - CIP 95049 Commercial Street Sidewalk(Lincoln Avenue to 95th Avenue) CDBG Fund 2 of 2 FY 2018 Q1 Revised Q Transportation CIP Fund Budget Amendment Budget Resources Beginning Fund Balance $ 293,630 $ - $ 293,630 Property Taxes $ _ $ _ $ Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ Licenses&Permits $ _ $ _ $ Intergovernmental $ 2110 500 $ - $ 2,110,500 Charges for Services $ _ $ _ $ Fines&Forfeitures $ _ $ _ $ Interest Earnings $ _ $ _ $ _ Miscellaneous $ 1,378,000 $ - $ 1,378,000 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 2,521,000 $ 122,500 $ 2,643,500 Total Resources $ 6,303,130 $ 122,500 $ 6,425,630 Requirements Community Development $ _ $ _ $ _ Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ _ Public Works $ _ $ _ $ Program Expenditures Total $ _ $ _ $ _ Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ 6,009,500 $ 122,500 $ 6,132,000 Transfers to Other Funds $ _ $ _ $ _ Contingency $ - $ _ $ - Total Budget $ 6,009,500 $ 122,500 $ 6,132,000 Reserve For Future Expenditure $ 293,630 $ - $ 293,630 Total Requirements $ 6,303,130 $ 122,500 $ 6,425,630 Exhibit A Q1PW08 - Risk Assessment Corrections Ash Building Work is needed to bring this building up to code and to prevent accidents.Work includes installation of A/C, updated stairway to comply with code, etc. Fund 1 of 1 FY 2018 Q1 Revised Q Fleet/Property Management Fund Budget Amendment Budget Resources Beginning Fund Balance $ 215,186 $ - $ 215,186 Property Taxes $ _ $ $ Franchise Fees $ _ $ $ Special Assessments $ _ $ _ $ Licenses &Permits $ _ $ _ $ Intergovernmental $ _ $ _ $ Charges for Services $ 1,942,585 $ - $ 1,942,585 Fines & Forfeitures $ _ $ _ $ Interest Earnings $ 2,000 $ - $ 2,000 Miscellaneous $ 29,686 $ - $ 29,686 Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ 150,999 $ - $ 150,999 Total Resources $ 2,340,456 $ - $ 2,340,456 Requirements Community Development $ _ $ _ $ _ Community Services $ - $ _ $ _ Policy and Administration $ 2,180,910 $ 30,000 $ 2,210,910 Public Works $ _ $ _ $ Program Expenditures Total $ 2,180,910 $ 30,000 $ 2,210,910 Debt Service $ _ $ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ _ $ _ $ Transfers to Other Funds $ _ $ _ $ Contingency $ 75,000 $ (30,000) $ 45,000 Total Budget $ 2,255,910 $ - $ 2,255,910 Reserve For Future Expenditure $ 84,546 $ - $ 84,546 Exhibit A Q1PW09 - LQC Project-Tigard Access Trails Approved LQC project for Tigard Access Trails. This project will implement the Access Recreation Guidelines for providing trail information to people with disabilities for Tigard's community parks. FY 2018 Q1 Revised Q General Fund Budget Amendment Budget Resources Beginning Fund Balance $ 14,755,111 $ $ 14,755,111 Property Taxes $ 15,359,468 $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ _ $ _ $ Licenses &Permits $ 2,328,630 $ - $ 2,328,630 Intergovernmental $ 6,074,334 ,074,334 $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ 2,783,381 Fines & Forfeitures $ 692,476 $ - $ 692,476 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 56,432 $ - $ 56,432 Other Financing Sources $ - $ _ $ - Transfers In from Other Funds $ _ $ _ $ Total Resources $ 48,392,206 $ - $ 48,392,206 Requirements Community Development $ 3,863,116 ,863,116 $ - $ 3,863,116 Community Services $ 23X905,436 $ - $ 23,905,436 Policy and Administration $ 866,598 $ - $ 866,598 Public Works $ 4,914,851 $ 10,000 $ 4,924,851 Program Expenditures Total $ 33,550,001 $ 10,000 $ 33,560,001 Debt Service $ _ $ $ Loan to CCDA $ 1,000 $ - $ 1,000 Work-In-Progress $ - $ _ $ _ Transfers to Other Funds $ 1,913,426 $ - $ 1,913,426 Contingency $ 1,295,000 $ (10,000) $ 1,285,000 Total Bud et $ 36,759,427 $ - $ 36,759,427 Reserve For Future Expenditure $ 11,632,779 $ - $ 11,632,779 Total Requirements $ 48,392,206 $ - $ 48,392,206 Exhibit A FTE Changes with No Budget Impact Q1CD01 -Increase of 0.25 FTE for the half-time Assistant Planner Use the currently budgeted funds for Temporary Project Planning Assistant position and some additional funds from the consulting budget to add to the half-time (20hr per week)Assistant Planner position to make the Assistant Planner a 30 hour position. The additional hours will allow the Permit Counter to realign priorities and resources in order to keep up with the increased workload. EXHIBIT B Total All Funds FY 2018 Q1 Revised Q1 Total All Funds Budget Amendment Budget Resources Beginning Fund Balance $ 91,752,307 $ 244,000 $ 92,240,307 Property Taxes $ 17,571,473 $ - $ 17,571,473 Franchise Fees $ 6,238,652 $ - $ 6,238,652 Special Assessments $ 60,000 $ - $ 60,000 Licenses &Permits $ 18,305,022 $ - $ 18,305,022 Intergovernmental $ 14,621,867 $ 624,000 $ 16,398,367 Charges for Services $ 38,770,279 $ 240,151 $ 39,250,581 Fines &Forfeitures $ 735,476 $ - $ 735,476 Interest Earnings $ 436,639 $ - $ 436,639 Miscellaneous $ 1,673,556 $ 34,000 $ 1,775,556 Other Financing Sources $ - $ - $ - Transfers In from Other Funds $ 29,744,243 $ 139,500 $ 30,023,243 Total Resources $ 219,909,514 $ 1,281,651 $ 223,035,316 Requirements Community Development $ 6,172,419 $ 265,000 $ 6,967,419 Community Services $ 24,055,436 $ 34,000 $ 24,157,436 Policy and Administration $ 11,857,482 $ 270,151 $ 12,397,784 Public Works $ 21,565,988 $ 10,000 $ 21,595,988 Program Expenditures Total $ 63,651,325 $ 579,151 $ 65,118,627 Debt Service $ 11,665,000 $ - $ 11,665,000 Loan to CCDA $ 1,000 $ 40,000 $ 121,000 Work-In-Progress $ 29,435,973 $ 1,022,000 $ 32,088,473 Transfers to Other Funds $ 29,744,243 $ 139,500 $ 30,023,243 Contingency $ 4,525,000 $ (499,000) $ 3,132,000 Total Budget $ 139,022,541 $ 1,281,651 $ 142,148,343 Reserve For Future Expenditure $ 80,886,973 $ - $ 80,886,973 Total Requirements $ 219,909,514 $ 1,281,651 $ 223,035,316 General Fund FY 2018 Revised Q1 General Fund Budget Q1CD02 QlCD03 Q1PD01 Q1PD02 Q1PW02 Q1PW09 Budget Resources Beginning Fund Balance $ 14,755,111 $ - $ _ $ _ $ _ $ _ $ $ 14,755,111 Property Taxes $ 15,359,468 $ - $ - $ - $ - $ - $ - $ 15,359,468 Franchise Fees $ 6,238,652 $ - $ _ $ _ $ _ $ _ $ - $ 6,238,652 Special Assessments $ _ $ _ $ _ $ - $ - $ _ $ $ Licenses&Permits $ 2,328,630 $ - $ - $ _ $ _ $ _ $ _ $ 2,328,630 Intergovernmental $ 6,074,334 $ - $ _ $ _ $ _ $ _ $ - $ 6,074,334 Charges for Services $ 2,783,381 $ - $ _ $ - $ _ $ _ $ _ $ 2,783,381 Fines&Forfeitures $ 692,476 $ - $ - $ - $ _ $ - $ _ $ 692,476 Interest Earnings $ 103,722 $ - $ _ $ - $ _ $ - $ _ $ 103,722 Miscellaneous $ 56,432 $ - $ - $ - $ 34,000 $ - $ - $ 90,432 Other Financing Sources $ _ $ _ $ _ $ _ $ - $ - $ - $ Transfers In from Other Funds S - S _ S _ S S S _ S S Total Resources $ 48,392,206 $ - $ - $ - $ 34,000 $ - $ - $ 48,426,206 Requirements Community Development $ 3,863,116 $ (42,500) $ 37,000 $ 228,000 $ - $ - $ - $ 4,085,616 Community Services $ 23,905,436 $ - $ - $ - $ 34,000 $ - $ - $ 23,939,436 Policy and Administration $ 866,598 $ - S - S _ $ _ $ _ $ _ $ 866,598 Public Works $ 4,914,851 S - S - S - $ - S $ 10,000 $ 4,924,851 Program Expenditures Total $ 33,550,001 $ (42,500) $ 37,000 $ 228,000 $ 34,000 $ - $ 10,000 $ 33,816,501 Debt Service $ - $ S _ $ $ _ $ $ $ Loan to CCDA $ 1,000 $ S - $ - $ - $ 40,000 $ - $ 41,000 Work-In-Progress $ _ $ _ $ _ $ _ $ _ $ - $ _ $ Transfers to Other Funds $ 1,913,426 $ - $ _ $ _ $ _ $ _ $ - $ 1,913,426 Contingency S 1,295,000 S 42,500 $ (37,000) S (228,000) S S (40,000) S (10,000) S 1,022,500 Total Budget $ 36,759,427 $ - $ - $ - $ 34,000 $ - $ - $ 36,793,427 Reserve For Future Expenditure $ 11,632,779 $ - $ _ $ _ $ _ $ _ $ - $ 11,632,779 Total Requirements $ 48,392,206 $ - $ - $ - $ 34,000 $ - $ - $ 48,426,206 Gas Tax Fund FY 2018 Revised Q1 Gas Tax Fund Budget Q1PW07 Budget Resources Beginning Fund Balance $ 2,374,799 $ - $ 2,374,799 Property Taxes $ - $ _ $ - Franchise Fees $ - $ - $ - Special Assessments $ - $ - $ - Licenses&Permits $ 68,974 $ - $ 68,974 Intergovernmental $ 3,105,614 $ 95,500 $ 3,201,114 Charges for Services $ - $ - $ - Fines&Forfeitures $ - $ - $ - Interest Earnings $ 55,732 $ - $ 55,732 Miscellaneous $ 62,818 $ - $ 62,818 Other Financing Sources $ - $ - $ - Transfers In from Other Funds $ 150,000 $ $ 150,000 Total Resources $ 5,817,937 $ 95,500 $ 5,913,437 Requirements Community Development $ S - $ - Community Services $ - $ - Policy and Administration $ $ - $ - Public Works $ 2,331,702 $ - $ 2,331,702 Program Expenditures Total $ 2,331,702 $ - $ 2,331,702 Debt Service $ 585,000 $ - $ 585,000 Loan to CCDA $ - $ - $ - Work-In-Progress $ - $ - $ - Transfers to Other Funds $ 1,375,987 $ 122,500 $ 1,498,487 Contingency $ 200,000 $ (27,000) $ 173,000 Total Budget $ 4,492,689 $ 95,500 $ 4,588,189 Reserve For Future Expenditure $ 1,325,248 $ - $ 1,325,248 Total Requirements $ 5,817,937 $ 95,500 $ 5,913,437 Transportation CIP Fund FY 2018 Revised Q1 Transportation CIP Fund Budget Q1PW07 Budget Resources Beginning Fund Balance $ 293,630 $ - $ 293,630 Property Taxes $ - $ _ $ Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ Licenses &Permits $ _ $ _ $ Intergovernmental $ 2110 500 $ - $ 2,110,500 Charges for Services $ - $ _ $ Fines &Forfeitures $ _ $ _ $ Interest Earnings $ _ $ _ $ _ Miscellaneous $ 1,378,000 $ - $ 1,378,000 Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ 2,521,000 $ 122,500 $ 2,643,500 Total Resources $ 6,303,130 $ 122,500 $ 6,425,630 Requirements Community Development $ - $ - $ - Community Services $ _ $ - $ Policy and Administration $ _ $ _ $ Public Works $ _ $ _ $ Program Expenditures Total $ _ $ _ $ _ Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ 6,009,500 $ 122,500 $ 6,132,000 Transfers to Other Funds $ - $ _ $ _ Contingency $ - $ _ $ - Total Budget $ 6,009,500 $ 122,500 $ 6,132,000 Reserve For Future Expenditure $ 293,630 $ - $ 293,630 Total Requirements $ 6,303,130 $ 122,500 $ 6,425,630 Fleet/Property Management Fund FY 2018 Revised Q1 Fleet/Property Management Fund Budget Q1PW08 Budget Resources Beginning Fund Balance $ 215,186 $ - $ 215,186 Property Taxes $ - $ _ $ - Franchise Fees $ - $ _ $ _ Special Assessments $ - $ _ $ _ Licenses &Permits $ - $ _ $ _ Intergovernmental $ - $ _ $ _ Charges for Services $ 1,942,585 $ - $ 1,942,585 Fines &Forfeitures $ - $ - $ _ Interest Earnings $ 2,000 $ - $ 2,000 Miscellaneous $ 29,686 $ - $ 29,686 Other Financing Sources $ - $ - $ - Transfers In from Other Funds $ 150,999 $ - $ 150,999 Total Resources $ 2,340,456 $ - $ 2,340,456 Requirements Community Development $ - $ _ $ _ Community Services $ - $ _ $ - Policy and Administration $ 2,180,910 $ 30,000 $ 2,210,910 Public Works $ - $ - $ _ Program Expenditures Total $ 2,180,910 $ 30,000 $ 2,210,910 Debt Service $ - $ - $ _ Loan to CCDA $ - $ - $ _ Work-In-Progress $ - $ - $ _ Transfers to Other Funds $ - $ - $ _ Contingency $ 75,000 $ (30,000) $ 45,000 Total Budget $ 2,255,910 $ - $ 2,255,910 Reserve For Future Expenditure $ 84,546 $ - $ 84,546 Total Requirements $ 2,340,456 $ - $ 2,340,456 Building Fund FY 2018 Revised Q1 Building Fund Budget Q1CD02 Budget Resources Beginning Fund Balance $ 5,368,306 $ - $ 5,368,306 Property Taxes $ _ $ _ $ - Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ _ Licenses &Permits $ 3,442,378 $ - $ 3,442,378 Intergovernmental $ 8,281 $ - $ 8,281 Charges for Services $ 7,035 $ - $ 7,035 Fines &Forfeitures $ _ $ _ $ _ Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ 932 $ - $ 932 Other Financing Sources $ _ $ _ $ - Transfers In from Other Funds $ 300,000 $ - $ 300,000 Total Resources $ 9,146,714 $ - $ 9,146,714 Requirements Community Development $ 2,309,303 $ 42,500 $ 2,351,803 Community Services $ - $ _ $ _ Policy and Administration $ _ $ _ $ _ Public Works $ _ $ _ $ _ Program Expenditures Total $ 2,309,303 $ 42,500 $ 2,351,803 Debt Service $ _ $ _ $ _ Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ _ $ _ $ _ Transfers to Other Funds $ _ $ _ $ _ Contingency $ 250,000 $ (42,500) $ 207,500 Total Budget $ 2,559,303 $ - $ 2,559,303 Reserve For Future Expenditure $ 6,587,411 $ - $ 6,587,411 Total Requirements $ 9,146,714 $ - $ 9,146,714 Parks Capital Fund FY 2018 Revised Q1 Parks Capital Fund Budget Q1PW01 Budget Resources Beginning Fund Balance $ 434,066 $ - $ 434,066 Property Taxes $ _ $ $ Franchise Fees $ _ $ $ Special Assessments $ _ $ _ $ Licenses &Permits $ _ $ _ $ Intergovernmental $ 1,513,627 $ - $ 1,513,627 Charges for Services $ _ $ _ $ Fines &Forfeitures $ _ $ _ $ Interest Earnings $ 3,015 $ - $ 3,015 Miscellaneous $ _ $ _ $ Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 3,508,372 $ 17,000 $ 3,525,372 Total Resources $ 5,459,080 $ 17,000 $ 5,476,080 Requirements Community Development $ _ $ - $ _ Community Services $ _ $ - $ Policy and Administration $ _ $ - $ Public Works $ _ $ _ $ Program Expenditures Total $ _ $ _ $ _ Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ 5,358,627 $ 17,000 $ 5,375,627 Transfers to Other Funds $ - $ _ $ _ Contingency $ _ $ _ $ Total Budget $ 5,358,627 $ 17,000 $ 5,375,627 Reserve For Future Expenditure $ 100,453 $ - $ 100,453 Total Requirements $ 5,459,080 $ 17,000 $ 5,476,080 Parks SDC Fund FY 2018 Revised Q1 Parks SDC Fund Budget Q1PW01 Budget Resources Beginning Fund Balance $ 6,186,941 $ - $ 6,186,941 Property Taxes $ _ $ $ Franchise Fees $ _ $ $ Special Assessments $ _ $ $ - Licenses &Permits $ 2,969,431 $ - $ 2,969,431 Intergovernmental $ _ $ $ Charges for Services $ _ $ _ $ Fines &Forfeitures $ _ $ _ $ Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ _ $ $ Other Financing Sources $ _ $ _ $ Transfers In from Other Funds $ _ $ _ $ Total Resources $ 9,176,154 $ - $ 9,176,154 Requirements Community Development $ _ $ _ $ _ Community Services $ _ $ _ $ Policy and Administration $ _ $ _ $ Public Works $ _ $ $ Program Expenditures Total $ _ $ _ $ Debt Service $ _ $ $ Loan to CCDA $ _ $ $ Work-In-Progress $ - $ Transfers to Other Funds $ 1,616,455 $ 17,000 $ 1,633,455 Contingency $ 80,000 $ (17,000) $ 63,000 Total Budget $ 1,696,455 $ - $ 1,696,455 Reserve For Future Expenditure $ 7,479,699 $ - $ 7,479,699 Total Requirements $ 9,176,154 $ - $ 9,176,154 Sanitary Sewer Fund FY 2018 Revised Q1 Sanitary Sewer Fund Budget Q1PW03 Q1PW05 Budget Resources Bening Fund Balance $ 3,479,552 $ $ $ 3,479,552 Property Taxes $ _ $ $ $ Franchise Fees $ _ $ $ $ Special Assessments $ _ $ _ $ $ Licenses&Permits $ 42,200 $ - $ $ 42,200 Intergovernmental $ 1,145,000 $ - $ 528,500 $ 1,673,500 Charges for Services $ 2,753,696 $ - $ $ 2,753,696 Fines&Forfeitures $ _ $ _ $ $ Interest Earnings $ 10,333 $ - $ - $ 10,333 Miscellaneous $ 13,091 $ - $ - $ 13,091 Other Financing Sources $ - $ _ $ _ $ Transfers In from Other Funds $ 193,500 $ - $ $ 193,500 Total Resources $ 7,637,372 $ - $ 528,500 $ 8,165,872 Requirements Community Development $ _ $ _ $ - $ Community Services $ _ $ _ $ $ - Policy and Administration $ _ $ _ $ _ $ Public Works $ 2,471,239 $ - $ - $ 2,471,2.39 Program Expenditures Total $ 2,471,239 $ - $ - $ 2,471,239 Debt Service $ _ $ _ $ $ Loan to CCDA $ _ $ _ $ $ Work-In-Progress $ 2,074,000 $ 15,000 $ 608,500 $ 2,697,500 Transfers to Other Funds $ 593,866 $ - $ - $ 593,866 Contingency $ 400,000 $ (15,000) $ (80,000) $ 305,000 Total Budget $ 5,539,105 $ - $ 528,500 $ 6,067,605 Reserve For Future Expenditure $ 2,098,267 $ - $ - $ 2,098,267 Total Requirements $ 7,637,372 $ - $ 528,500 $ 8,165,872 Stormwater Fund FY 2018 Revised Q1 Stormwater Fund Budget Q1PW03 Budget Resources Beginning Fund Balance $ 4,892,381 $ - $ 4,892,381 Property Taxes $ _ $ _ $ _ Franchise Fees $ _ $ _ $ Special Assessments $ _ $ _ $ Licenses &Permits $ _ $ _ $ Intergovernmental $ _ $ _ $ _ Charges for Services $ 2,755,890 $ - $ 2,755,890 Fines &Forfeitures $ _ $ _ $ Interest Earnings $ 7,936 $ - $ 7,936 Miscellaneous $ 3,100 $ - $ 3,100 Other Financing Sources $ _ $ _ $ _ Transfers In from Other Funds $ 558,000 $ - $ 558,000 Total Resources $ 8,217,307 $ - $ 8,217,307 Requirements Community Development $ - $ _ $ - Community Services $ _ $ _ $ _ Policy and Administration $ _ $ _ $ - Public Works $ 2,329,116 $ - $ 2,329,116 Program Expenditures Total $ 2,329,116 $ - $ 2,329,116 Debt Service $ _ $ _ $ Loan to CCDA $ _ $ _ $ Work-In-Progress $ 1,619,500 $ 15,000 $ 1,634,500 Transfers to Other Funds $ 255,807 $ - $ 255,807 Contingency $ 200,000 $ (15,000) $ 185,000 Total Budget $ 4,404,423 $ - $ 4,404,423 Reserve For Future Expenditure $ 3,812,884 $ - $ 3,812,884 Total Requirements $ 8,217,307 $ - $ 8,217,307 Facilities Capital Projects Fund FY 2018 Revised Q1 Facilities Capital Projects Fund Budget Q1PW04 Budget Resources Beginning Fund Balance $ 860,000 $ 204,000 $ 1,064,000 Property Taxes $ - $ $ Franchise Fees $ _ $ $ Special Assessments $ _ $ $ Licenses &Permits $ _ $ $ Intergovernmental $ _ $ $ Charges for Services $ _ $ $ Fines &Forfeitures $ _ $ $ Interest Earnings $ 3,212 $ - $ 3,212 Miscellaneous $ _ $ $ Other Financing Sources $ - $ _ $ Transfers In from Other Funds $ 100,000 $ - $ 100,000 Total Resources $ 963,212 $ 204,000 $ 1,167,212 Requirements Community Development $ _ $ _ $ Community Services $ - $ - $ Policy and Administration $ - $ _ $ Public Works $ _ $ $ Program Expenditures Total $ _ $ _ $ Debt Service $ _ $ $ Loan to CCDA $ _ $ $ Work-In-Progress $ 100,000 $ 204,000 $ 304,000 Transfers to Other Funds $ _ $ _ $ Contingency $ 50,000 $ - $ 50,000 Total Budget $ 150,000 $ 204,000 $ 354,000 Reserve For Future Expenditure $ 813,212 $ - $ 813,212 Total Requirements $ 963,212 $ 204,000 $ 1,167,212 Water Fund FY 2018 Revised Q1 Water Fund Budget Q1PW06 Budget Resources Beginning Fund Balance $ 15,704,833 $ 40,000 $ 15,744,833 Property Taxes $ _ $ $ Franchise Fees $ _ $ $ Special Assessments $ _ $ $ Licenses &Permits $ 74,986 $ - $ 74,986 Intergovernmental $ _ $ $ Charges for Services $ 20,496,907 $ - $ 20,496,907 Fines &Forfeitures $ _ $ $ Interest Earnings $ 30,644 $ - $ 30,644 Miscellaneous $ 10,933 $ - $ 10,933 Other Financing Sources $ _ $ $ Transfers In from Other Funds $ 58,751 $ - $ 58,751 Total Resources $ 36,377,054 $ 40,000 $ 36,417,054 Requirements Community Development $ _ $ _ $ Community Services $ _ $ $ Policy and Administration $ _ $ $ Public Works $ 6,898,886 $ - $ 6,898,886 Program Expenditures Total $ 6,898,886 $ $ 6,898,886 Debt Service $ _ $ $ Loan to CCDA $ _ $ $ Work-In-Progress $ - $ 40,000 $ 40,000 Transfers to Other Funds $ 17,457,159 $ - $ 17,457,159 Contingency $ 500,000 $ $ 500,000 Total Budget $ 24,856,045 $ 40,000 $ 24,896,045 Reserve For Future Expenditure $ 11,521,009 $ $ 11,521,009 Total Requirements $ 36,377,054 $ 40,000 $ 36,417,054 Central Services Fund FY 2018 Revised Q1 Central Services Fund Budget Q1CM01 Budget Resources Beginning Fund Balance $ 1,030,995 $ $ 1,030,995 Property Taxes $ $ $ Franchise Fees $ $ - $ - Special Assessments $ $ $ Licenses &Permits $ 37,344 $ - $ 37,344 Intergovernmental $ 45,000 $ - $ 45,000 Charges for Services $ 8,030,785 $ 240,151 $ 8,270,936 Fines &Forfeitures $ _ $ $ Interest Earnings $ 22,593 $ - $ 22,593 Miscellaneous $ 13,400 $ - $ 13,400 Other Financing Sources $ _ $ $ Transfers In from Other Funds $ 580,775 $ - $ 580,775 Total Resources $ 9,760,892 $ 240,151 $ 10,001,043 Requirements Community Development $ _ $ - $ Community Services $ _ $ - $ Policy and Administration $ 8,760,290 $ 240,151 $ 9,000,441 Public Works $ _ $ $ Program Expenditures Total $ 8,760,290 $ 240,151 $ 9,000,441 Debt Service $ $ $ Loan to CCDA $ _ $ $ Work-In-Progress $ _ $ $ Transfers to Other Funds $ _ $ $ Contingency $ 250,000 $ $ 250,000 Total Budget $ 9,010,290 $ 240,151 $ 9,250,441 Reserve For Future Expenditure $ 750,602 $ $ 750,602 Total Requirements $ 9,760,892 $ 240,151 $ 10,001,043 AGENDA ITEM No."5 Date: October 24, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: Informational Public Hearing - CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL 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. 5 Date: October 24, 2017 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. Pro onent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,address&Phone No. Name,address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,address&Phone No. Name,Address&Phone No. Name,address&Phone No. Name,address&P e N e,Address Phone No. NJ\ Name,address&Phone No. Na : dress hone No. Name,address&Phone No. Name,address&Phone No. Name,Address&Phone No. Name,address&Phone No. AIS-3287 6. Business Meeting Meeting Date: 10/24/2017 Length (in minutes): 5 Minutes Agenda Title: Informational Public Hearing to Consider Approval of Resolution for the FY 2018 First Quarter CCDA Budget Supplemental Prepared For: Toby LaFrance Submitted By: Steve Kang,Finance and Information Services Item Type: Motion Requested Meeting Type: City Center Resolution Development Agency Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Tigard City Center Development Agency adopt a FY 2018 First Quarter Budget Supplemental? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the City Center Development Agency approve the FY 2018 First Quarter CCDA Budget Supplemental. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require council action for FY 2018 in the First Quarter Budget Supplemental: Urban Renewal Urban Renewal Improvement Program Carry Forward—Carry forward$50,000 in unspent funds from FY 16-17 CCDA Budget for the Urban Renewal Improvement Program Opportunity Fund to fund matching grants for facade improvements that were approved,but not completed. CIP 97013-01,02 Saxony Properties CCDA request for additional funding—High construction bid. Request approved by City Finance, funds will only be used if all other funding is exhausted. OTHER ALTERNATIVES Do not approve the FY 2018 First Quarter Budget Supplemental. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first consideration. Attachments Resolution-CCD A 1st Quarter Supplemental FY18 Q1 Supplemental Informational Summary FY18 Q1 Exhibit A CITY OF TIGARD, OREGON TIGARD CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 17- A RESOLUTION TO ADOPT THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO CITY CENTER DEVELOPMENT AGENCY (CCDA) URBAN DEVELOPMENT. WHEREAS, the CCDA acknowledges those items that were unknown at the time the FY 2018 budget was adopted;and WHEREAS,the CCDA recognizes approximately$108,000 of unanticipated budget in operations and transfers; and WHEREAS, the increase in budget is offset by unanticipated fund balance, miscellaneous revenue, and contingency. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Center Development Agency that: SECTION 1: The FY 2017-18 Budget is hereby amended Q1 Supplemental Summary Exhibit A. SECTION: This resolution is effective immediately upon passage. PASSED: This day of 2017. Chair-CCDA ATTEST: CCDA Recorder-CCDA RESOLUTION NO. 16- Page 1 Exhibit A 01CCDA02 - Urban Renewal Improvement Program Fund 2 of 2 FY 2018 Q1 Revised Q1 Urban Renewal Capital Improvements Budget Amendment Budget Resources Beginning Fund Balance $ - $ 32,000 $ 32,000 Property Taxes $ - $ - $ - Franchise Fees $ _ $ _ $ _ Special Assessments $ - $ _ $ _ Licenses&Permits $ - $ _ $ _ Intergovernmental $300,000 $ - $ 300,000 Charges for Services $ 78,000 $ - $ 78,000 Fines&Forfeitures $ - $ _ $ - Interest Earnings $ - $ _ $ - N iscellaneous $ - $ _ $ - Other Financing Sources $ - $ - $ - Transfers In from Other Funds $337,000 $ 18,000 $ 355,000 Total Resources $715,000 $ 50,000 $ 765,000 Requirements Community Development $ 65,000 $ 50,000 $ 115,000 Community Services $ - $ - $ _ Policy and Administration $ - $ - $ - Public Works $ - $ _ $ - Program Expenditures Total $ 65,000 $ 50,000 $ 115,000 Debt Service $ - $ - $ - Loan to CCDA $ - $ _ $ - Work-In-Progress $650,000 $ - $ 650,000 Transfers to Other Funds $ - $ - $ - Contingency $ - $ _ $ - Total Budget $715,000 $ 50,000 $ 765,000 Reserve For Future Expenditure $ - $ - $ - Total Requirements $715,000 $ 50,000 $ 765,000 Exhibit A QlCCDA03 - Saxony Properties Demolition High contruction bid has required a request for the city to finance part of the work. Funds will only be used if all other funding is exhausted. FY 2018 Q1 Revised Q1 Urban Renewal Capital Improvements Budget Amendment Budget Resources Beginning Fund Balance $ - $ _ $ _ Property Taxes $ _ $ _ $ _ Franchise Fees $ _ $ _ $ _ Special Assessments $ - $ _ $ _ Licenses&Permits $ - $ _ $ _ Intergovernmental $ 300,000 $ 40,000 $ 340,000 Charges for Services $ 78,000 $ - $ 78,000 Fines&Forfeitures $ _ $ _ $ _ Interest Earnings $ - $ _ $ _ Miscellaneous $ - $ _ $ _ Other Financing Sources $ - $ - $ _ Transfers In from Other Funds $ 337,000 $ - S 337,000 Total Resources $ 715,000 $ 40,000 $ 755,000 Requirements Community Development $ 65,000 $ - $ 65,000 Community Services $ - $ _ $ _ Policy and Administration $ - $ - $ Public Works $ _ $ _ $ - Program Expenditures Total $ 65,000 $ - $ 65,000 Debt Service $ _ $ _ $ - Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ 650,000 $ 40,000 $ 690,000 Transfers to Other Funds $ - $ _ $ _ Contingency $ - $ _ $ _ Total Budget $ 715,000 $ 40,000 $ 755,000 Reserve For Future Expenditure $ - $ - $ _ Total Requirements $ 715,000 $ 40,000 $ 755,000 CITY OF TIGARD-BUDGET SUPPLEMENTAL 10AWM17 FY 2017-2018 Quarter: 1 Item# Department Fund Division Expense Object Revenue Object Request Title Request Funding Total Detailed Dakr"an Reason(if carry Code/Account Amount Con QlCCDA02 CCDA 930-Urban Renewal 9000-Urban Renewal 57940 Transfer Out to Urban 49930 Transfer In from Urban Urban Renewal Improvement CARRYFORWARD Unanticipated $ 50,000 Carry forward$50,000 in unspent funds from FY 16-17 OCDA Budge[for Several gents were awarded Debt Service Renewal Cap Frog Fund Renewal Debt Svc Fund Program Carry Forward Fund Balance the Urban Renewal improvement Program Opportunity Fund to fund in FY 1617,however,the matching grants for facade improvements that were approved,but not projects were not completed completed. during the FY and so the funds were not expended. QICCDA03 PW Engineering 100-General Fund 8000- 57255 Transfer Out to Urban CiP 97013-01,02 Saxony Properties NEW Miscellaneous $ 40,000 High construction bid.Request approved by Qty Finance,funds will only CIP/rransfersXontingen Services Fund CCDA request for additional funding Revenue be used if all other funding is exhausted. �:wM6aret 1aW..m�..ntrna oMconV•'neal swW�.ro+�s.mm.n_ua r.ueu• 1 of i Exhibit A QICCDA02 - Urban Renewal Improvement Program Carry forward of Urban Renewal Improvement Program Opportunity Fund Program Fund 1 of 2 FY 2018 Q1 Revised Q1 Urban Renewal Debt Service Budget Amendment Budget Resources Beginning Fund Balance $ 104,490 $ 18,000 $ 122,490 Property Taxes $ 536,723 $ - $ 536,723 Franchise Fees $ _ $ _ $ _ Special Assessments $ - $ _ $ _ Licenses &Permits $ _ $ _ $ _ Intergovernmental $ _ $ _ $ _ Charges for Services $ _ $ _ $ _ Fines&Forfeitures $ _ $ _ $ _ Interest Earnings $ 1,500 $ - $ 1,500 Miscellaneous $ _ $ _ $ _ Other Financing Sources $ - $ _ $ _ Transfers In from Other Funds $ - S _ S _ Total Resources $ 642,713 $ 18,000 $ 660,713 Requirements Community Development $ - $ _ $ _ Community Services $ - $ _ $ _ Policy and Administration $ - $ _ $ _ Public Works $ _ $ _ $ _ Program Expenditures Total $ - $ _ $ _ Debt Service $ 162,500 $ - $ 162,500 Loan to CCDA $ _ $ _ $ _ Work-In-Progress $ - $ _ $ _ Transfers to Other Funds $ 337,000 $ 18,000 $ 355,000 Contingency $ _ $ _ $ - Total Budget $ 499,500 $ 18,000 $ 517,500 Reserve For Future Expenditure $ 143,213 $ - $ 143,213 Total Requirements $ 642,713 $ 18,000 $ 660,713 AGENDA ITEM No. 6 Date: October 24, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before CCDA on: Informational Public Hearing - CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2018 FIRST QUARTER CCDA BUDGET SUPPLEMENTAL 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: October 24, 2017 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 h n No. Na address&Phone No. Name,_address&Phone No. Name, ress&Phone No. Name,Address&Phone No. Name,_address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3238 7. Business Meeting Meeting Date: 10/24/2017 Length (in minutes): 10 Minutes Agenda Title: Consider Authorizing the City Manager to Sign an Intergovernmental Agreement for the Fanno Creek Remeander Prepared For: Andrew Newbury Submitted By: Judy Lawhead, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council authorize the city manager to sign an intergovernmental agreement with Clean Water Services regarding cost share obligations for the Fanno Creek Remeander project? STAFF RECOMMENDATION / ACTION REQUEST Authorize the city-manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY The Fanno Creek Remeander (Project#92013 in the Capital Improvement Plan)will aid in the effort to restore the water quality of Fanno Creek and includes a new bridge and trail sections. This project is a joint project with Clean Water Services (CWS) and the attached Intergovernmental agreement (IGA) outlines how the city and CWS will work together to accomplish project objectives. Key elements of the agreement include: •The project is divided into two portions: 1) the enhancement project to be completed by Clean Water Services which includes realigning the creek channel and plantings;and 2) the amenities project to be completed by the City of Tigard,which includes trail construction and the new Ash Avenue pedestrian bridge. •Clean Water Services will manage the design,permitting,and construction of both portions of the project. *The potential for overruns. If the construction cost to complete the amenities project is expected to exceed $553,000,Clean Water Services and the City will negotiate an amendment to the agreement as appropriate to adjust the scope of work, or increase the not-to-exceed amount, as mutually determined by the parties. The City is also obligated to spend a minimum of$430,180 on this project per a memorandum of understanding(MOU)with Metro due to spending previous funds from Metro on the Main Street Phase 1 project that were designated to be spent on trails. There have been several recent failures of the bank adjacent to the trail that have been fixed by city crews.The reconstructed trail segment in this area will be located away from the creek bank, thereby minimizing risk from erosion. OTHER ALTERNATIVES The 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 chooses not to complete their portion of the project and the existing erosion problems will continue. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS This project was identified in the Tigard Park System Master Plan Update adopted July 14,2009,and included in the Capital Improvement Plan. DATES OF PREVIOUS CONSIDERATION This is the first time the council will consider this agreement. Fiscal Impact Cost: $674,673 Budgeted (yes or no): yes Where Budgeted (department/program): Parks SDC and Capital Fund Additional Fiscal Notes: The city's share of the project costs is included in the Capital Improvement Program adopted by the council on June 13,2017. The project budget pays for internal staff costs and the external design/construction costs. The city's fiscal impact is made up of: •$56,573 budget spent through FY 17 •$470,000 budgeted for FY 18 •$148,000 budgeted for FY 19 Attachments CWS-Ti¢ard IGA AIS-3295 8. Business Meeting Meeting Date: 10/24/2017 Length (in minutes):20 Minutes Agenda Title: Continued Quasi-judicial Public Hearing- Remand of Base Camp LLC Land Use Application Submitted By: Tom McGuire, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: Yes Publication Date: Information ISSUE Continued Council deliberation and decision on the revised findings for the Base Camp LLC land use decision for the proposed Triangle Medical Office Building. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Council deliberate and direct staff to prepare additional findings,in support of Council's previous decision to approve the application without an Elmhurst Street extension, for consideration at the November 7 Council meeting. Staff further recommends that Council vote to approve the revised findings at the November 7 meeting. KEY FACTS AND INFORMATION SUMMARY On October 17,City Council opened a public hearing to consider revised findings in support of a decision to approve a land use application for a medical office building on SW 72nd near Dartmouth. At the hearing, Council received public testimony and began deliberations in preparation for its decision. Council continued the hearing until October 24 to allow time to review written testimony submitted at the hearing and to review the LUBA decision. The key issue in the case is whether the applicant should be required to provide an extension of SE Elmhurst street over their adjacent property (to the south of the site of the proposed office building). City Council determined in the original decision that the street extension was not required. At the LUBA hearing,the Board of Appeals determined that the city's findings in support of that decision were not adequate and LUBA remanded the case back to the city. This decision means that the city must prepare additional findings to replace the previous ones to better explain the city's decision to not require the street extension. The specific criteria that were identified by LUBA as not being adequate are Tigard Community Development Code (CDC) sections 18.810.030.H.1 and 18.620.020. Those two specific criteria are the only standards under review on remand,and the city's revised findings are limited to those criteria. Approval criteria and findings that were not challenged at LUBA are not addressed as part of this proceeding, and the remaining findings in the city's original approval remain intact. As explained in LUBA's Decision, "nothing in this [LUBA's] opinion is intended to preclude the city from revisiting its express and implied interpretations of CDC 18.810.030.H.1 and CDC 18.620.020 to attempt to more clearly articulate what the city believes those standards require of the proposal,in circumstances presented in this application." Accordingly,all express and implied findings addressing CDC 18.810.030.H.1 and CDC 18.620.020 in the city's original decision are repealed and replaced by the revised findings adopted by Council. For the reason explained in the revised findings,the city finds that CDC 18.810.030.H.1 and CDC 18.620.020 do not require a street connection west of SW 72nd Avenue in the vicinity of the proposed project. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council originally approved this land use application at a public hearing on February 7,2017. First public hearing on the LUBA remand was October 17,2017 Attachments Base Camp Revised Findinprs Vicinity Map TSP Figures AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved Proposed Remand Findings for Triangle Medical Office(Final Order No.2016-11, PDR2016-00011/SDR2016-00007),LUBA No.2017-020 The City approved concurrent Planned Development Concept Plan and Detailed Development Plan review for an approximately 36,000 square foot medical oncology facility(the "Project") on a 3.76 acre vacant parcel known as tax lot 300(the"Property") located southwest of SW Dartmouth Street and SW 72nd Avenue(the"Original Approval"). The Original Approval was appealed to the Oregon Land Use Board of Appeals ("LUBA"). LUBA No. 2017-020. LUBA remanded the Original Approval due to inadequate findings addressing how the proposal complies with the Community Development Code (CDC) 18.810.030.H.1 and CDC 18.620.020 ("LUBA's Decision"). This document presents new findings for the two regulations cited by LUBA, CDC 18.810.030.H.1 and CDC 18.620.020,and clarifies the issues identified by LUBA.The City Council must hold a public hearing to review and approve these findings and re-affirm the decision to approve the application. The city provided a mailed notice of the hearing following the procedures stated in CDC 18.390.050.C.1, for mailed notices. For the reasons explained below,the City finds that CDC 18.810.030.H.1 and CDC 18.620.020 do not require a street connection west of SW 72nd Avenue in the vicinity of the Property. I. Scope of Remand Findings LUBA's decision remanded the City's approval due to inadequate findings addressing how the Project complies with CDC 18.810.030.H.1 and CDC 18.620.020. Those criteria are the only standards under review on remand, and these findings are limited to those criteria. Approval criteria and findings that were not challenged at LUBA, such as CDC 18.810.030.H.2, are not addressed as part of this proceeding, and the findings in the Original Approval remain intact. As explained in LUBA's Decision, "nothing in this opinion is intended to preclude the city from revisiting its express and implied interpretations of CDC 18.810.030.H.1 and CDC 18.620.020 to attempt to more clearly articulate what the city believes those standards require of the proposal, in circumstances presented in this application." Slip opinion, 8.Accordingly, all express and implied findings addressing CDC 18.810.030.H.1 and CDC 18.620.020 in the Original Approval are hereby repealed and replaced by these remand findings. II. Applicable Criteria CDC 18.810.030.H.1 are generally applicable"street alignment and connections"standards,and CDC 18.620.020.A.1 are "street connectivity"standards that apply to the Property because it is within the Tigard Triangle Plan District.The City finds that as applied to this Project,the two standards conflict, so pursuant to CDC 18.620.010.0,only the Tigard Triangle Plan District Standard(CDC 18.620.020.A.1) is applicable to the Project. Both standards establish maximum distances between street connections,with some exceptions. However,the maximum distances differ,so a street connection could comply with the 660 foot 136852358.5 maximum established by CDC 18.620.020.A.1, but exceed the 530 foot maximum established by CDC 18.810.030.H.I. The eastward SW Elmhurst Street connection is 560 feet from the intersection of SW 72"d Avenue and SW Dartmouth,which meets the Tigard Triangle maximum spacing(660 feet)but is in excess of the general spacing standard(530 feet). Because of the directive in 18.620.010.0 that the more specific Tigard Triangle provisions govern when in conflict with the generally applicable provisions in the development code,the applicable spacing standard here is 660 feet. The Tigard Triangle Strategic Plan("TTSP") is a planning document that outlined potential redevelopment visions for the Tigard Triangle area. It was not adopted as part of the City's comprehensive plan. The conceptual scenarios in the TTSP were intended to guide future legislative actions, such as the recent adoption of the Lean Code(Ordinance No. 17-19). Nothing in the TTSP is binding upon quasi-judicial applications,including the Project. Therefore, any arguments based upon the TTSP are disregarded because they are irrelevant to the determining compliance with the applicable approval criteria. The Transportation System Plan("TSP")has been adopted as part of the City's comprehensive plan. The TSP is intended to guide future transportation projects, and expressly addressed connectivity. For example,the TSP provides: "The TSP ensures the vision for the transportation system meets community needs, communicates the city's aspirations, and conforms to state and regional policies. "The document meets the state requirements for a TSP and acts as a resource for staff,decision makers and the public. It identifies the preferred multi-modal transportation system,consisting of a network of facilities adequate to serve local,regional and state transportation needs. It is the principal document used for identifying the function, capacity and location of future facilities, directing resources to transportation projects, and providing the community with the level of investment that will be needed to support anticipated development within the community. [Section 1.1] "One of the priorities of the 2035 TSP is to identify and preserve potential opportunities for future connectivity improvements in order to protect and maximize the function of the existing transportation network." Section 1.3. The Project application was submitted on August 25, 2016, and was deemed complete within 180 days. Therefore, all references to applicable standards are those that were in effect on August 25,2016. ORS 227.178(3). III. Clarification of Facts -2 - 136852358.5 SW Dartmouth Street to the north of the Property and SW Hermoso Way to the south of the Property are approximately 930 feet apart on the west side of 72nd Avenue. On the east side of SW 72rd Avenue,an eastward extension of SW Elmhurst is approximately 560 feet south of SW Dartmouth. When the Project was initially considered, significant testimony was offered regarding a potential future extension of S W 74th Avenue and a potential westward extension of SW Elmhurst Street to connect with that extension of SW 74th Avenue. The testimony assumed that SW 74th Avenue would be extended through what is currently developed as a Walmart parking lot,and would connect to Hermosa Way. There are several problems with this assumption. The suggested extensions of SW 74th Avenue or SW Elmhurst Street are not consistent with the TSP. See TSP Figure 5-12. SW 74th Avenue does not currently exist as a north-south street in the vicinity of the Property. There is a short segment of SW 74th Avenue some distance north of the Property,which extends south from SW Pacific Highway and terminates at Regal Cinemas. The TSP does not include a southward extension of SW 74th Avenue as a street. SW Elmhurst Street does not exist west of SW 72nd Avenue. The TSP does not include a westward extension of SW Elmhurst as a street. Walmart was approved in 2009, and constructed thereafter. No public right-of-way,public street connections or public access easements were required as part of the Walmart development. IV. CDC 18.810.030.H.1 CDC 18.810.030.H.1 relates to street alignment and connections, and provides: 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography,railroads,freeways,pre-existing developments, lease provisions, easements,covenants or other restrictions existing prior to May 1, 1995 which preclude street connections.A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. A. CDC 18.810.030.H.1 is not applicable to the Project because,as applied, it conflicts with CDC 18.620.020.A.1 As explained in the findings related to the applicable approval criteria,which are incorporated herein, CDC 18.620.010.0 requires that when standards within the Tigard Triangle Plan District, such as CDC 18.620.020.A.1, conflict with another standard in the Code, such as CDC 18.810.030.H.1,then the Tigard Triangle Plan District standard governs. The City finds that the generally applicable"street alignment and connections" standards in CDC 18.810.030.H.1,and specific Tigard Triangle Plan District"street connectivity" standards in CDC 18.620.020.A.1 conflict, so only the latter apply to the Project. Because CDC 18.810.030.H.1 does not apply to the Project,findings of compliance with that standard are not required. -3 - 136852358.5 B. Alternative Findings— CDC 18.810.030.H.1 does not require a street to connect SW 72°d Avenue on the east with a north-south street on the west. Even if CDC 18.810.030.H.1 and CDC 18.620.020.A.1 were interpreted to not conflict and both are applicable to the Project,CDC 18.810.030.H.1 does not require a street to connect SW 72"d Avenue on the east with a north-south street on the west for two alternative reasons: (1)there is no street west of SW 72nd Avenue to which a full street could be connected;and(2)pre-existing development is a barrier which precludes a street connection. (1) There is no street west of SW 72°d Avenue to which a full street could be connected CDC 18.810.030.H.1 requires "full street connections""between connections,"which the city interprets to mean that there must be two existing streets that can be connected. CDC 18.810.030.H.1 only requires a full street connection if one street can actually be connected with another street. CDC 18.810.030.H.1 does not require a full east-west street connection if there is not a street,public right-of-way or public access easement that can accommodate the street connection. In this case, it is impossible for the Project applicant to dedicate a street right of way and construct a street to connect SW 72"d Avenue on the east with a north-south street on the west because the Property borders a Walmart store parking lot on the west,which is not a street and does not include public right-of-way or a public access easement. For the same reason,tax lots 400, 401 and 402 would not be required to dedicate a full street right of way and construct a street extension west of SW 72"d Avenue at the time those properties develop. Therefore,the Project need not show how a future east-west connection, such as SW Elmhurst,may align, and whether such alignment is required to cross a portion of the Property because it is not possible to provide such a connection at this time. Because CDC 18.810.030.H.1 relates to connectivity"between connections"and the City interprets that to mean existing street connections,the criterion does not require consideration of future street connections. Additionally,the City notes that neither a north-south street west of SW 72nd Street nor an east-west extension of SW Elmhurst is planned in the TSP. TSP Map 5- 12. Therefore,even if it were appropriate to consider future or planned street connections, CDC 18.810.030.H.1 does not require a full east-west street connection extending west from SW 72"d Avenue because there are no streets planned across or abutting the Property. (2) Pre-existing development is a barrier which precludes street connections As an alternative to the findings in IV.B.(1),the existing Walmart development and home on tax lot 401,neither of which grants the public access rights,are pre-existing developments that preclude a street connection. Whether or not those developments existed prior to May 1, 1995 is immaterial to whether the exception in CDC 18.810.030.H.I is applicable. The City finds that CDC 18.810.030.H.1 is ambiguous,and bases its conclusion upon two alternative interpretations of CDC 18.810.030.H.1 —(a)the doctrine of last antecedent;and(b) the qualifying date modifies only"lease provisions,easements, covenants or other restrictions," which are legal instruments that can restrict property without government approval. Not only are both of the City's interpretations plausible,the conclusion is the only practical outcome. If an -4- 136852358.5 approved pre-existing development prevents a full street connection, it does not matter if that development existed prior to May 1, 1995. Regardless of the date constructed,the Walmart is clearly a pre-existing development that is a barrier to street connectivity. If SW Elmhurst were extended west from SW 72° Avenue,regardless of the alignment, that street would not serve to connect two streets because the intervening pre-existing development is a barrier that would "preclude street connections." (a) The doctrine of last antecedent requires that development need not be "existing prior to May 1, 1995" in order to constitute a"barrier"that would"preclude street connections." The City expressly interprets the phrase"existing prior to May 1, 1995"in CDC 18.810.030.H.1 to modify only"other restrictions"and it does not apply to the earlier phrase "pre-existing developments." The City Council acknowledges that in dicta LUBA noted that relying upon the doctrine of last antecedent"seems highly suspect,"but LUBA did not decide this issue because the findings in the Original Approval did not include an express finding on the issue. LUBA's dicta is not binding, and these findings are intended to explain the City's interpretation and application of its own code,which is entitled to deference. The City Council's interpretation is plausible because it is consistent with the doctrine of last antecedent,a well-settled rule of statutory construction. PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993) (reviewing body will consider rules of construction in determining legislative intent). This doctrine provides that, absent evidence of other intent, qualifying words apply only to the immediately preceding antecedent. As applied to CDC 18.810.030.H.1,the doctrine of last antecedent requires that the clause"existing prior to May 1, 1995," only applies to the last item in the list of"barriers,"to wit, "other restrictions existing prior to May 1, 1995." As a result,the clause does not apply to earlier items in the list of "barriers," such as"pre-existing developments." Therefore,neither that the Walmart nor tax lot 401 home had to be"existing prior to May 1, 1995" in order to constitute a"barrier"that would "preclude street connections." (b) In the alternative,the qualifying date of"existed prior to May 1, 1995"in CDC 18.810.030.H.1 modifies only"lease provisions, easements,covenants or other restrictions,"which are legal instruments that can restrict property without government approval In the alternative to the interpreting CDC 18.810.030.H.I based upon the doctrine of last antecedent,the City interprets the exception's prerequisite date(May 1, 1995)to distinguish between barriers that are exclusively within the control of the property owner,and those that are not. The policy and requirement to provide street connections would be thwarted if a property owner could unilaterally,without regulatory approval, and at any time impose a binding restriction that precludes street connectivity. For example,a property owner that desires to avoid the cost and disrupting effect of a full street connection through their property could be motivated to preemptively preclude that street connection by burdening their own property with a restrictive covenant that restricts access. The Code's requirement that a barrier created by legal instrument that can restrict property without government approval,such as"lease provisions, -5 - 136852358.5 easements,covenants or other restrictions,"must have existed prior to May 1, 1995,avoids this outcome. In contrast,the other bases for the exception are either naturally occurring,such as topography, or become a barrier only upon regulatory approval, including railroads,freeways,pre-existing developments, and regulated water feature restrictions. Because the barriers are subject to regulatory review and approval prior to when they are created, connectivity requirements are considered and applied, so this regulatory oversight need not have occurred prior to May 1, 1995. The existing Walmart development,which was approved and constructed after May 1, 1995,is an example of why the development date is irrelevant. The Walmart development was subject to City regulations related to connectivity, and was allowed without providing a full street connection west of SW 72nd Avenue. The consequence of that approved development and the lack of a north-south street west of SW 72"d Avenue is that the Walmart is a pre-existing development that is a barrier to a street connection west of SW 72"d. For these reasons,the City finds that the qualifying date of"existed prior to May 1, 1995"in CDC 18.810.030.H.1 modifies only"lease provisions,easements,covenants or other restrictions." The City's interpretation of its own code is plausible,and is not unique. We note that the City of Lake Oswego has a similar connectivity standard,which provides that an exception to connectivity is, "[w]here requiring streets or accessways would violate provisions of leases, easements,covenants, restrictions or other agreements existing as of May 1, 1995, which preclude required street or accessway connections." Lake Oswego Community Development Code Section 50.06.003.c.vi (5). By comparison,"[t]he presence of freeways,existing development patterns on abutting property which preclude the logical connection of streets or arterial access restrictions" is not qualified by a particular date. Lake Oswego Community Development Code Section 50.06.003.c.vi(3). While Lake Oswego's standards are not identical to CDC 18.810.030.H.1,the City finds that neighboring city's application of a prerequisite date to only legal instruments that can restrict property without government approval and not to existing development is influential in how Tigard's ambiguous connectivity standard should be interpreted. V. CDC 18.620.020 CDC 18.620.020.A.1 includes "street connectivity" standards that apply to the Property because it is within the Tigard Triangle Plan District, and provides: 18.620.020 Street Connectivity Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Section 18.370.010 where topography,barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. A. Design option. -6- 136852358.5 1.Local street spacing shall provide public street connections at intervals of no more than 660 feet. A. CDC 18.620.020.A.1 requires public street connections only when one existing street can connect with another street CDC 18.620.020.A.1 requires"public street connections,"which the City interprets to mean that there must be two existing streets that can be connected. This interpretation is consistent with the City's interpretation of CDC 18.010.030.H.1 in Section IV.B(1),which is incorporated herein. Both street connectivity standards require public street connections only when one existing street can connect with another street. CDC 18.620.020.A.1 does not require an east-west public street connection because it is impossible for the applicant to dedicate a street right of way and construct a street to connect SW 72"d Avenue on the east with a north-south street on the west because the Property borders a Walmart store parking lot on the west, not a street. For the same reason,tax lots 400,401 and 402 would not be required to dedicate a public street right of way and construct a street extension west of SW 72"d Avenue at the time those properties develop. Therefore,the applicant need not show how a future SW Elmhurst extension may align, and whether such alignment is required to cross a portion of the Property. A variance to CDC 18.620.020.A.1 is not required. The City has applied CDC 18.620.020.A.1 to the proposed Project, and finds that because there is no street west of the Property, an east- west public street connection between two streets is not required by the standard. Because CDC 18.620.020.A.I relates to connectivity of public streets,the City interprets that to mean existing streets, so the criterion does not require consideration of future street connections. Nevertheless,the City notes that neither a north-south street west of SW 72nd Street nor an east- west extension of SW Elmhurst is planned in the TSP. TSP Map 5-12. Therefore,even if it were appropriate to consider future or planned street connections, CDC 18.810.030.H.1 does not require a full east-west street connection extending west from SW 72"d Avenue because there are none planned across or abutting the Property. B. Alternative Findings—the existing eastern extension of SW Elmhurst complies with CDC 18.620.020.A.1's requirement for only"street spacing" and not a"full street" In the alternative,because SW Elmhurst on the east side of SW 72"d Avenue is located 560 feet from SW Dartmouth and 370 feet from SW Hermosa Way,the existing street network complies with CDC 18.620.020 because local streets are spaced at intervals of no more than 660 feet. In contrast to CDC 18.810.030.H.1, CDC 18.620.020 does not require that the street that satisfies spacing standards be a"full street," so the applicable Tigard Triangle Standard does not require a through street that is extended within the subject site. Therefore, CDC 18.620.020.A.1 does not require the existing segment of SW Elmhurst that is east of SW 72"d Avenue to be extended west across SW 72nd Avenue. V1. Nexus and Rough Proportionality -7 - 136852358.5 A requirement to dedicate right of way and construct street improvements would require the Project applicant to dedicate real property and to spend money to complete street improvements. In this case,a street connection would be to a parking lot that does not have a public access easement, so the street would not provide street connectivity. The traffic impact study in support of the Project analyzes traffic in the surrounding area and the Project's projected traffic impacts. Due to the nature of the Project as a cancer treatment center and medical office building,the Project is projected to have low impacts on the existing transportation system.Findings and conditions in the Original Approval,which were not challenged, concluded that due to the minimal traffic impact of the project,no traffic mitigation measures are required. There is no nexus between the Project's nominal transportation system demands and a street connection across the Property that would not serve a connectivity functional purpose. Moreover,the cost of a full public street is not proportional to the Project's marginal impact on the transportation system. Therefore,as an alternative finding for why CDC 18.810.030 and CDC 18.620.020.A.I do not require the dedication and construction of an east-west street connection fully or partially across the Property,the City finds that such an exaction is not related or proportional to the impact of the Project, so it cannot be required pursuant to TDC 18.620.0103, and the US and Oregon Constitutions. Nollan v. California Coastal Commission, 483 US 825, 107 SCt 3141, 97 LEd2d 677 (1987); Dolan v. City of Tigard, 512 US 374, 114 SCt 2309, 129 LEd2d 304(1994)and Koontz v. 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