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City Council Packet - 03/08/2005 on r- CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING March 8, 2005 COUNCIL MEETING WILL BE TELEVISED 1 A0fs\Donna's\Ccpkt1 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. For Agenda of 44, a tp, 05 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING MARCH 8, 2005 • STUDY SESSION Mayor Dirksen called the meeting to order at 6:32 p.m. City Council present: Mayor Dirksen; Councilors Harding, Sherwood (arrived at 6:37 p.m.), and Wilson. Councilor Woodruff was absent. > ADMINISTRATIVE ITEMS - Interim City Manager Prosser reviewed the following with the City Council: a. Distributed hard copy of tonight's agenda to City Council. b. Noted a change to Item 3.3 - Request should be to "Adopt new collective bargaining agreement between City and TPOA (Tigard Police Officers Association) and authorize the City Manager (rather than the Mayor) to sign the agreement." c. Meeting with Tigard Tualatin School District Board and City of Tualatin City Council scheduled for April 4, 2005. Interim City Manager Prosser suggested starting this meeting at 7 p.m. d. City Council agreed, as suggested by Interim City Manager Prosser, to hear a Council Goal Update on April 4 before the Joint Meeting. The goal update portion of the meeting will begin at 6 p.m. e. Strategic Finance Plan review was rescheduled to the April 19, 2005, City Council workshop meeting. f. Information was distributed regarding a request to officially designate a Vietnam Flag. Interim City Manager Prosser reviewed the request to adopt the flag that flew over South Vietnam as the official flag of Vietnam. The request comes from the Vietnamese community in the United States. Beaverton and Portland have adopted as requested. Councilor Wilson said he would generally prefer to stay out of foreign policy, but does not philosophically oppose this request. Mayor Dirksen said he had mixed 'feelings about this request and said he was unsure of what was being sought. Consensus was that the City Council would review this request at a later date. g. Mr. Dave Nicoli had indicated he would attend the business meeting tonight to address the City Council about the upcoming Balloon Festival; however, Mr. Nicoli will not be able to attend the meeting and will reschedule. h. Information was distributed on a request to support Senate Bill 899, Tax Supervising and Conservation Commission. Interim City Manager Prosser noted Oregon law for the Commission, which applies now to COUNCIL MINUTES - March 8, 2005 page 1 only Multnomah County. It is a very old law (1912) before a lot of citizen participation and local budget law and applies to counties greater than 500,000 in population. Washington County is likely to reach that number soon. Washington County is sponsoring the legislation that would make a TSCC permissible rather than mandatory. The budget process now followed is working fine. After brief discussion, consensus of City Council was to support SB 899. i. Youth Advisory Council President Rob Williams will not attend the Council meeting tonight due to a conflict with a school activity. j. City Council confirmed it would not require staff for the 5th Tuesday meeting on March -29. City Council also confirmed it would like to have Stacie Yost facilitate this meeting. k. Interim City Manager Prosser distributed the Council Groundrules for review. If any changes are needed, he asked the City Council members to contact staff. 1. LOC - New officials training - Councilor Harding attend this training; she noted that several of the items reviewed had already been covered by Tigard's legal counsel. m. City Council discussed the request by Representative Galizio to hold a Town Hall at the City Council's 5th Tuesday meeting on March 29. Senator Burdick will be invited to attend as well. After discussion, the City Council decided to leave the meeting format open, with no specific agenda items listed. Staff will announce the 5th Tuesday meeting on the City's website, community connector announcements, etc. n. Calendar Review • March 15: Council Workshop Meeting - 6:30 p.m. -Town Hall • March 22: Council Business Meeting - 6:30 p.m. - Town Hall • March 29: 51h Tuesday Council Meeting - 7 p.m. -Water Auditorium • April 4: Special Meeting - Library Community Room 6-7 - Goal update (staff) 7 - Joint Meeting with Tigard-Tualatin School Board and City of Tualatin City Council • April 12 Council Business Meeting - 6:30 p.m. -Town Hall • April 19 Council Workshop Meeting - 6:30 p.m. -Town Hall • April 25 Budget Committee Meeting - 6:30 p.m. - Library Community Room • April 26 Council Business Meeting - 6:30 p.m. -Town Hall o. Council members agreed to pull Agenda Items 3.3 to 3.5 off the Consent Agenda as suggested by Mayor Dirksen so the public can hear some discussion on these items. > CITY COUNCIL ORIENTATION ■ City Attorney Ramis presented orientation information on personal/municipal liability, and state ethics rules. The outline of COUNCIL MINUTES - March 8, 2005 page 2 information used by Mr. Ramis for this presentation is on file in the City Recorder's office. During the discussion on gifts and honoraria, Mayor Dirksen noted that he had been invited by a group to speak at a session held in California, with expenses paid. After checking with the Oregon Government Standards and Practices Commission (OGSPC), an expense-paid trip for this purpose would violate the State's ethics regulations; therefore, the Mayor did not attend. Mr. Ramis advised that an informal (not binding) opinion can be issued by OGSPC. A formal, binding opinion can be requested from the OGSPC, but it usually takes a long time. Councilor Harding advised she recently attended a session sponsored by the League of Oregon Cities (LOC) where it was recommended that officials should consult with their City Attorney or the LOC staff attorney on an ethics. question. Such consultation could mean that if a claim is made the insurance deductible ($2,500) would be waived. After brief discussion about disclosing a site visit to a property that is the subject of a quasi-judicial hearing, City Attorney Ramis encouraged the City Council members to report the visit and, if the Councilor noticed anything that would influence his or her decision, to mention it. • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:12 p.m. to discuss pending litigation under ORS 192.660(2)(h). > Executive Session concluded at 7:25 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:31 p.m. 1.2 Council Present: Mayor Dirksen; Councilors Harding, Sherwood, and Wilson; Councilor Woodruff was absent. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - none 1.5 Call to Council and Staff for Non-Agenda Items An Executive Session will be required at the end of the business meeting. 2. CITIZEN COMMUNICATION • Tigard High School Student Envoy Nikki Pham presented an update of activities at Tigard High School; an outline of activities was distributed to the City Council. • Follow-up to Previous Citizen Communication COUNCIL MINUTES - March 8, 2005 page 3 Interim City Manager Prosser advised that a representative of CPO 4B had appeared before the City Council to invite Tigard staff members to its meetings. Mr. Prosser advised that the policy of the City with regard to the participation of Tigard staff at the CPO 4B would be routed through the County. Interim City Manager Prosser referred to a request for research on an offer of donation open space property in the Ash Creek Estates area. Mr. Prosser said he had asked the Public Works Director to contact the developer to determine if a donation offer was still open. If such a donation is possible, staff will bring this matter to the City Council on April 19, as the City Council discusses park acquisition policies. Interim City Manager Prosser noted the other citizen communications included an invitation to a tree planting event and citizen's concerns about how development is occurring in Tigard and surrounding areas. This citizen had been invited to participate in the Comprehensive Plan amendment process. 3. CONSENT AGENDA: Interim City Manager Prosser reviewed the items listed on the Consent Agenda: 3.1 Approve Council Minutes for October 1, 2004 and January 25, 2005 3.2 Receive and File: a. Council Calendar b. Tentative Agenda (Items 3.3 to 3.5 were considered separately by Council; see below.) 3.6 Approve Budget Amendment No. 11 to the FY 2004-05 Budget to Increase Appropriations for Funding the City Manager Separation Agreement - Resolution No. 05-13 RESOLUTION NO. 05-13 - A RESOLUTION APPROVING BUDGET AMENDMENT NO. 11 TO THE FY 2004-05 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF THE CITY MANAGER SEPARATION AGREEMENT 3.7 Approve Intergovernmental Agreement between Washington County and the City of Tigard for Administration of Urban Area Security Initiative (UASI) Grant Program 3.8 Appoint Theodora (Teddi) Duling to the Planning Commission to Complete the Term Initiated by Scot Sutton - Resolution No. 05-14 COUNCIL MINUTES - March 8, 2005 page 4 RESOLUTION NO. 05-14 - A RESOLUTION APPOINTING THEODORA (TEDDI) DULING AS A MEMBER OF THE PLANNING COMMISSION TO COMPLETE THE TERM INITIATED BY SCOT SUTTON 3.9 Local Contract Review Board: a. Approve Purchase of Mobile Data Computers (MDCs) b. Award Structural Plan Review Services Contract to Miller Consulting Engineers, Inc. Motion by Councilor Wilson, seconded by Councilor Sherwood, to approve the Consent Agenda, with Items 3.3 to 3.5 being removed for separate consideration. The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Mayor Dirksen recognized Theodora (Teddi) Duling who was present and had just been appointed to the Planning Commission (Consent Agenda Item 3.8). Mayor Dirksen presented Ms. Duling with a City of Tigard lapel pin. Mayor Dirksen noted that Consent Agenda Items 3.3 to 3.5 would now be discussed: 3.3 Approve New Collective Bargaining Agreement between the City and Tigard Police Officers Association (TPOA) and Authorize the Mayer City Manager to Sign 3.4 Approve Tigard Police Officers Association (TPOA) Addendum G Side Letter Creating a New and Additional Special Assignment Pay to the City of Tigard TPOA Bargaining Unit 3.5 Approve Budget Amendment No. 10 to the FY 2004-05 Budget to Increase Appropriations for Funding of the Tigard Police Officer Association (TPOA) Labor Agreement - Resolution No. 05-12 RESOLUTION NO. 05-12 - A RESOLUTION APPROVING BUDGET AMENDMENT #10 TO THE FY 2004-05 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF THE TIGARD POLICE OFFICER ASSOCIATION (TPOA) LABOR AGREEMENT Human Resources Director Zodrow and Police Chief Dickinson were present to review these items and answer any questions by City Council. COUNCIL MINUTES - March 8, 2005 page 5 Human Resources Director Zodrow reviewed Item 3.3. Ms. Zodrow advised that negotiations have been underway for some time, including a recent interest arbitration. Awards from interest arbitration are subject to implementation per the collective bargaining act. The arbitrator's award was issued February 13, 2005, and the TPOA agreement reflects the implementation of this award. Ms. Zodrow outlined changes to the agreement including the health insurance plan, health insurance contributions and a cost-of-living adjustment of 2.2% retroactive to July 1, 2004. Staff is asking the Council to implement the arbitration award and adopt the TPOA agreement. Human Resources Director Zodrow and Police Chief Dickinson reviewed Item 3.4. This item is an addendum to the TPOA agreement. Police Chief Dickinson reviewed the history precipitating this side letter. The side letter represents a compromise between the Union and the City. Staff requests Council approve the side letter. Item 3.5 was reviewed by Human Resources Director Zodrow. This item presents the budget amendment necessary to implement the TPOA agreement if approved by the City Council. Motion by Councilor Sherwood, seconded by Councilor Harding, to approve Consent Agenda Items 3.3 through 3.5. The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes 4. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY REIMBURSEMENT DISTRICT NO. 30 (SW 121St AVENUE) a. Mayor Dirksen opened the public hearing. b. City Engineer Duenas presented a PowerPoint presentation outlining the highlights of his staff report. C. Public Testimony - None d. Staff Recommendation: Approve the proposed resolution to finalize formation of Sanitary Sewer Reimbursement District No. 30. e. Council Discussion - Mayor Dirksen noted this was the continuation of a five-year program to install sewers throughout the City and to support citizens who wanted to hook up to sewer. City Engineer Duenas noted that this program was also instituted as a commitment made to the Walnut island area when this area was annexed. f. Mayor Dirksen closed the public hearing. g. Council Consideration: COUNCIL MINUTES - March 8, 2005 page 6 Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 05-15. RESOLUTION NO. 05-15 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121 ST AVENUE) The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes 5. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET, 100TH AVENUE) a. Mayor Dirksen opened the public hearing. b. City Engineer Duenas presented a PowerPoint presentation outlining the highlights of his staff report. C. Public Testimony - None d. Staff Recommendation: Approve the proposed resolution to finalize formation of Sanitary Sewer Reimbursement District No. 27. e. Council Discussion - None f. Mayor Dirksen closed the public hearing. g. Council Consideration: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 05-16. RESOLUTION NO. 05-16 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET, 100TH AVENUE) The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes 6. INFORMATION PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 34 (SW 117TH AVENUE) a. Mayor Dirksen opened the public hearing. b. City Engineer Duenas presented a PowerPoint presentation outlining the highlights of his staff report. COUNCIL MINUTES - March 8, 2005 page 7 C. Public Testimony -None d. Staff Recommendation: Approve the proposed resolution to finalize formation of Sanitary Sewer Reimbursement District No.34. e. Council Discussion - None f. Mayor Dirksen closed the public hearing. g. Council Consideration: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 05-17. ` RESOLUTION 05-17 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 34 (SW 117TH AVENUE) The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes 7. INFORMATION PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEWOOD STREETS) a. Mayor Dirksen opened the public hearing. b. City Engineer Duenas presented a PowerPoint presentation outlining the highlights of his staff report. C. Public Testimony - None d. Staff Recommendation: Approve the proposed resolution to finalize formation of Sanitary Sewer Reimbursement District No. 31. e. Council Discussion - None f. Mayor Dirksen closed the public hearing. g. Council Consideration: Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Resolution No. 05-18. RESOLUTION NO. 05-18 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEWOOD STREETS) The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes COUNCIL MINUTES - March 8, 2005 page 8 8. CONSIDER PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) FOR 79TH AVENUEIMPROVEMENTS a. Staff Report: City Engineer Duenas reviewed a PowerPoint presentation outlining the highlights of his staff report. A copy is on file in the City Recorder's office. Mr. Duenas advised that proposed development occurring in this area is requesting this LID. The PowerPoint presentation reviewed by Mr. Duenas included the following information: - 79th Avenue • neighborhood route • connects Bonita Road and Durham Road • sags and crests on the north half require vertical realignment • existing street is extremely deteriorated and needs reconstruction • lacks sidewalks and shoulders - Vicinity maps. - Photos of the street. - A summary of the proposed LID formation. - A summary of the LID process - Alternatives Considered: Alternative #1 - extends the improvements to just north of Gentle Woods Drive Alternative #2 - stops about 500 feet north of the Alternative #1' project limits - A drawing of the alternatives considered. - A review of the existing street design. - An evaluation of the advantages and disadvantages of LID formation. - A list of issues. - Estimated costs for Alternatives 1 and 2. - Feasibility of the LID The LID appears feasible LID costs can be covered by the value of the properties regardless of which alternative is selected. Next step Prepare Preliminary Engineer's report Would examine the proposed LID in greater detail. Next step Preliminary Engineer's report would include Scope of work COUNCIL MINUTES - March 8, 2005 page 9 Proposed district boundaries Estimated costs Other relevant information Recommendation for approval, approval with conditions, or denial. - If Council approves Resolution would be prepared for Council's consideration Directing staff to prepare a Preliminary Engineer's Report. Budget adjustment to fund the preparation of the report. Recommendations (staff) Authorize the preparation of a resolution to prepare a Preliminary Engineer's Report. Authorize the establishment of a funding mechanism for the report using Gas Tax Fund as the funding source. City Engineer Duenas noted this is the first. step in the process for this LID request. Mr. Duenas noted that all property owners in the proposed LID area have not been contacted. Staff will contact these owners if the City Council gives the staff the authority to proceed with the next step for this LID. During his presentation, Mr. Duenas advised that the cost for the preliminary engineer's report does not look very large because there are only a few months remaining in this fiscal year., There will be additional funding reflected in the next fiscal year's budget. b. Council Discussion In response to a question from Councilor Wilson, City Engineer Duenas noted that 79th Avenue is a "neighborhood route." Mr. Duenas clarified that the use of the terminology "minor collector street" has been discontinued. City Engineer Duenas noted that bike paths are required on all streets, except for local streets, unless an exception has been approved. City Engineer Duenas said 79th Avenue would provide a good connection for bicyclists. He clarified that bike lanes must be put in on- both sides of a street. Mayor Dirksen recalled that a street improvement on 79th Avenue had been a contentious issue as neighbors were concerned about increased through- traffic. He said their concern might be alleviated because of the downgrade COUNCIL MINUTES -March 8, 2005 page 10 of the street to a "neighborhood route," which would be more to scale for the needs of the neighborhood. City Engineer Duenas reviewed for the City Council the lots would be affected by the LID. Councilor Harding expressed concerns this request for an LID. In response to a comment about having the developer pay for the engineering, City Engineer Duenas explained that the property owners would pay for the costs associated with an LID, with the City providing the up front costs. A 66-2/3 percent remonstration against the LID would "kill it." There was discussion on what would occur if the LID was not put into place. The developer would be required to do half-street improvements. An LID, according to City Engineer Duenas, would allow the City to proceed with full street improvements. Discussion included concerns about future homes having direct access to 79th Avenue. Also discussed were problems that would occur resulting from infill and piecemeal street improvements. City Engineer Duenas noted his preference for Alternative #1. He noted that the developer requesting the LID would be paying for a large portion of the LID. Smaller lots pay a proportionate share of the costs. In response to a questions from Councilor Sherwood, City Engineer Duenas noted he believed this LID would improve the value of the properties in the area. In response to a question from Councilor Wilson, City Engineer Duenas acknowledged that there would be some steep driveways. Questions for fair compensation for right-of-way would be addressed through the right-of- way appraisal process. Councilor Harding commented that she was not certain that this LID would increase property values because of the increase of pass-through traffic. There was discussion that followed on the implementation of the Transportation System Plan in response to a concern raised by Councilor Harding about setting priorities for projects. Councilor Harding noted, as an example, that McDonald Street still did not have sidewalks. Mayor Dirksen noted that 79th Avenue will have greater local traffic with the new development. Mayor Dirksen reminded the City Council that this discussion did not constitute a hearing; rather, the issue before Council was to provide COUNCIL MINUTES -March 8, 2005 page 11 direction to staff on whether or not to move forward with the next step for this LID. In response to a question from Councilor Harding regarding the funding of the engineering work with gas tax dollars, City Engineer Duenas said that a budget adjustment would be presented to the City Council on April 12 so the staff could move forward with the selection of a consultant to do the design work. Preliminary engineering costs will be recouped from property owners if the LID is formed. If the LID is not formed, then the costs would not be recouped. Motion by Councilor Sherwood, seconded by Councilor Wilson, to direct staff to continue with the development of the proposed 79th Avenue Local Improvement District. The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None > Business meeting concluded at 8:28 p.m. 11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:33 p.m. to discuss pending litigation under ORS 192.660(2)(h). 12. ADJOURNMENT: 9:16 p.m. eWheatley, City Recorde Attest: Mayo t City of Tigard Date: -4/-') (a. o5 1:tadminlcalny\mm@005\050308.doc COUNCIL MINUTES - March 8, 2005 page 12 )Greeter: Dennis Koellermeier FGA COUNCIL NG 6:30 p.m. CITY OF TIGARD OREGON Y HALL ALL BLVD 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - March 8, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING MARCH 8, 2005 - 6:30 PM 6:30 PM • STUDY SESSION > CITY COUNCIL ORIENTATION ■ City Attorney EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2) (h). 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 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Nikki Pham • Tigard Area Chamber of Commerce Representative Dan Murphy • Follow-up to Previous Citizen Communication COUNCIL AGENDA - March 8, 2005 page 2 7:40 PM 3. CONSENT AGENDA: These items are considered to be 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: 3.1 Approve Council Minutes for October 1, 2004 and January 25, 2005 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve New Collective Bargaining Agreement Between the City and Tigard Police Officers Association (TPOA) and Authorize the Mayo City Manager to Sign 3.4 Approve Tigard Police Officers Association (TPOA) Addendum G Side Letter Creating a New and Additional Special Assignment Pay-to the City of Tigard TPOA Bargaining Unit 3.5 Approve Budget Amendment No. 10 to the FY 2004-05 Budget to Increase Appropriations for Funding of the Tigard Police Officer Association (TPOA) Labor Agreement - Resolution No. 05-12 RESOLUTION NO. 05-12 - A RESOLUTION APPROVING BUDGET AMENDMENT #10 TO THE FY 2004-05 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF THE TIGARD POLICE OFFICER ASSOCIATION (TPOA) LABOR AGREEMENT 3.6 Approve Budget Amendment No. 11 to the FY 2004-05 Budget to Increase Appropriations for Funding the City Manager Separation Agreement - Resolution No. 05-13 RESOLUTION NO. 05-13 - A RESOLUTION APPROVING BUDGET AMENDMENT NO. 11 TO THE FY 2004-05 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF THE CITY MANAGER SEPARATION AGREEMENT 3.7 Approve Intergovernmental Agreement between Washington County and the City of Tigard for Administration of Urban Area Security Initiative (UASI) Grant Program 3.8 Appoint Theodora (Teddi) Duling to the Planning Commission to Complete the Term Initiated by Scot Sutton - Resolution No. 05-14 RESOLUTION NO. 05-14 - A RESOLUTION APPOINTING THEODORA (TEDDI) DULING AS A MEMBER OF THE PLANNING COMMISSION TO COMPLETE THE TERM INITIATED BY SCOT SUTTON COUNCIL AGENDA - March 8; 2005 page 3 U , 3.9 Local Contract Review Board: a. Approve Purchase of Mobile Data Computers (MDCs) b. Award Structural Plan Review Services Contract to Miller Consulting Engineers, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY REIMBURSEMENT DISTRICT NO. 30 (SW 1215` AVENUE) a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 05-15 Councilor: I move for adoption of the proposed Resolution 05- Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. RESOLUTION NO. 05-15 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 1215` AVENUE) City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05- please say "aye " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05- please say "nay. " Mayor/Councilors: COUNCIL AGENDA - March 8, 2005 page 4 Mayor: Resolution No. 05- (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes = failure to pass. 7:55 PM 5. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET, 100TH AVENUE) a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 05-16 Councilor: I move for adoption of the proposed Resolution 05- Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. RESOLUTION NO. 05-16 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET, 100TH AVENUE) City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05- please say "aye. " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05- please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05- (is adopted or fails) by a (unanimous, or however votes were split) vote. COUNCIL AGENDA - March 8, 2005 page 5 Tie votes = failure to pass. 8:05 PM 6. INFORMATION PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 34 (SW 117 TH AVENUE) a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 05-17 Councilor: I move for adoption of the proposed Resolution 05- Councilor: 1 second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. RESOLUTION 05-17 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 34 (SW 117"'-'AVENUE) City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05- please say "aye. " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05- please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05- (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes = failure to pass. 8:15 PM COUNCIL AGENDA - March 8, 2005 page 6 7. INFORMATION PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEWOOD STREETS) a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 05-18 Councilor: I move for adoption of the proposed Resolution 05- Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. RESOLUTION NO. 05-18 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEWOOD STREETS) City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05- please say "aye. " Mayor/Councilors.- Mayor: All of those opposed to adopting Resolution No. 05- please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05- (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes = failure to pass. COUNCIL AGENDA - March 8, 2005 page 7 8:25 PM 8. CONSIDER PROPOSED LOCAL IMPROVEMENT DISTRICT FOR 79TH AVENUE IMPROVEMENTS a. Staff Report: Engineering Department b. Council Discussion C. Council Consideration: Motion to direct staff to continue with the development of the proposed 791 Avenue Local Improvement District in accordance with the recommendations of the Preliminary Evaluation Report. 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: 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. 8:50 PM 12. ADJOURNMENT I: tedmtrathykcet2005t050308).doc COUNCIL AGENDA - March 8, 2005 page 8 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MARCH 8, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon • STUDY SESSION > CITY COUNCIL ORIENTATION ■ City Attorney • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2)(h). 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. > ADMINISTRATIVE ITEMS a. Distribute hard copy of tonight's agenda to City Council b. Note: change to Item 3.3 - Request should be to "Adopt new collective bargaining agreement between City and TPOA (Tigard Police Officers Association) and authorize the City Manager {rather than the Mayor) to sign agreement.) C. Meeting with Tigard Tualatin School District Board and City of Tualatin City Council on April 4. d. Council Goal Update on April 4 before joint Meeting? e. Reschedule of Strategic Finance Plan? (April 19 Workshop Meeting) f. Vietnam Flag - Officially designate. (Distribute information.) g. Dave Nicoli to address Council during Citizen Communication - Re: Balloon Fest. h. Request for Support of Senate Bill 899, Tax Supervising and Conservation Commission (Distribute information.) i. Rob Williams extends apologies - he cannot attend the City Council meeting tonight. He has a full dress rehearsal for La Traviata. j. Confirm-No staff needed for 5`h Tues on March 29? Stacie Yost of CCI to facilitate? k. Distribute Council Ground rules 1. LOC - New officials training M. Representative Galizio wants to attend the 5`h Tuesday (3/29) meeting - Confirming: Staff will invite Senator Burdick also. OK to advertise through available City channels; i.e., web site, community connectors? Meeting will not be filmed. n. Calendar Review • March 15: Council Workshop Meeting - 6:30 p.m. - Town Hall • March 22: Council Business Meeting - 6:30 p.m. - Town Hall • March 29: 51 Tuesday Council Meeting - 7 p.m. - Water Auditorium • April 4: Special Meeting - Library Community Room 6-7 - Goal update (staff) 7 - Joint Meeting with Tigard-Tualatin School Board and City of Tualatin City Council • April 12 Council Business Meeting - 6:30 p.m. - Town Hall • April 19 Council Workshop Meeting - 6:30 p.m. - Town Hall • April 25 Budget Committee Meeting - 6:30 p.m. - Library Community Room • April 26 Council Business Meeting - 6:30 p.m. - Town Hall Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (0- Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. t 0admtcathytcouncihpink sheet • study session egendast2005t050308.doc Oregon Committee to Protect Vietnam Homeland Attn: Maria Vuong & Tina Pham 11160 SW 124th Place Tigard, OR 97223 February 21, 2005 City of Tigard Attn: Mayor Craig Dirksen 13125 SW Hall Blvd Tigard, OR 97223 Dear Mayor Dirksen, Enclosed is a resolution created by the Oregon Committee to Protect Vietnam Homeland concerning the Freedom Flag of the Vietnamese Community here in the United States. Many cities in numerous states have passed and proclaimed the Freedom Flag as the official flag representing the Vietnamese and the Vietnamese-American community here. The city of Portland and Beaverton are two of the growing group and we hope that Tigard will join them as well. Please contact us with any questions or concerns at 971-563-2758 or email us at vuongthuyquyen2002Qyahoo.com. Sincerely, Maria Vuong Tina Pham Vice-President of Youth Affairs Member Oregon Committee to Protect Vietnam Homeland Oregon Committee to Protect Vietnam Homeland • • • • • Resolution of The Heritage & Freedom Flag • ~ of Vietnam • • ~ City of Tigard, Oregon • 2005 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • THE VIETNAMESE HERITAGE & FREEDOM FLAG Introduction Like the Stars and Stripes, the Vietnamese flag is laden with symbolism and historical meaning, which makes Vietnamese American feel a great emotional bond with its "colors". • Visit any Little Saigon around the world, and one is likely to see a flag displaying "three • horizontal red stripes on a golden yellow background" fluttering proudly against the blue sky. Ask your friend, neighbor, student, or client, and she or he will tell you that those are the 'color" of Free Vietnam. It is the flag under which hundreds of thousands of Vietnamese and Americans have fought shoulder to shoulder and died, defending freedom against an internationally inspired • and communist-led aggressive war against the Republic of Vietnam. That the war ended in 1975 • in the subjugation of South Vietnam in no way reflects negatively on the symbolism of those "color". In fact, the very survival of that flag is the survival of the idea of freedom, which remains the ideal of all free men on earth. • Symbolism The Vietnamese flag has a yellow background and three horizontal red stripes along its entire length. The "golden yellow" has been the traditional color of Vietnam for over two thousand years. It is also the color of earth, as understood in universal scheme of five elements in Oriental • cosmology. The three stripes represent three regions of Vietnam: North, Central, and South • Vietnam as united in a national community. The vibrant red color of the stripes is the color of blood flowing through one's veins-symbolic of Vietnam's unflagging struggle for independence throughout its recorded history. • Historical Identity As in the case of the Stars and Stripes, the Vietnamese flag bonds Vietnamese American with their historical past: the identity of the "Ngo. n co + ' va' ng" (Yellow Flag) has enabled the Vietnamese to survive as a nation even after a millennium of Chinese and French domination. • Thus, the "golden yellow" flag came to be irrevocably associated with the Vietnamese, their • national territory, and their history. The flag championed by free Vietnamese everywhere was flown for the first time at a ceremony marking the official recognition by France of Vietnamese unity and independence. It is a new • version of a similar flag ("Co+' Que? Ly") first flown in March 1945 when Vietnam under Emperor Bao Dai reclaimed its independence from France. The three-red striped yellow flag continued to be the official flag of the Republic of Vietnam, which was recognized by the United Nations from 1950 to April 1975. Contrast With The Vietnamese Communist Flag The "yellow star on red background" flag of conununist Vietnam called the Social Republic of Vietnam (SRV) first made its official appearance in September 1945, when Ho Chi Minh proclaimed the independence of Vietnam. As the SRV is now recognized by the United Nations i and many nations in the world including the Unites States, all free Vietnamese around the world, including Vietnamese Americans, question its flag. 0 Firstly, it is the symbol of a party imposed on the Vietnamese since August 1945. It was the official flag of the Indochina Communist Party (1930-1945). • Secondly, it is an international flag, not a national flag. Each point of the yellow star represents one of the five protectorates of the Union of French Indochina: Tonkin, Annam, Cochinchina, Cambodia, and Laos. By maintaining this flag, communist Vietnam on the one hand, harks back to a period of French colonialism, while on the other hand, keeping alive the imperialist ambition S of an Indochina Federation under Hanoi's thumb. Thirdly, it is a communist flag. The blood red color of the background refers to the violence of class struggle and the ultimate victory of the proletariat revolution throughout the world, as • proclaimed by international communists. But international communist is dead with the downfall • of Soviet Union in 1991. In brief, the Vietnamese communist flag symbolizes an antithesis to the very idea of freedom and peace that Vietnamese Americans and free Vietnamese around the world want to foster in our community and in generations of younger Vietnamese. • A Choice of Hope and Love of freedom To Vietnamese Americans, the Vietnamese Communist flag is a reminder of death. It is a blood- • reeking flag under which some three and a half million Vietnamese lives have been sacrificed for the war-mongering goals of the Communist Party of Vietnam (CPV) as proclaimed in Hanoi's • national anthem, "Forward, Soldiers!" which says in part: "We swear to tear our enemies apart and drink their blood!". 30,000 landowners were lynched to death or summarily executed by Vietnamese communists before the 1954 Geneva Agreement. Some 1,200 civilians were shot and buried alive during the 1968 Tet Offensive. 50,000 religious leaders and political prisoners have , been executed in "re-education" camps since 1975. • Most Vietnamese Americans, having fled persecution and reprisals, find the display of the "yellow star on red background" flag insulting, offensive, and culturally insensitive. It is like flying the swastika flag of Nazi Germany in the presence of Jewish-Americans. • The choice of the Vietnamese flag affects Vietnamese and Americans alike. 58,000 Americans laid down their lives in the Vietnam War for a noble cause - the cause of freedom and democracy. Witness the "three red stripes on yellow background" flag proudly hoisted at the Vietnamese Memorial in Washington, D.C. on Memorial Day and the Four of July. It is the same flag that decorates the medals on the chests of million Vietnamese who have fled • communist totalitarianism since 1975 and have successfully resettled in "the Land of the Free"; the "three red stripes on yellow background" flag will always be a symbol of hope and love of freedom. It is the banner around which all free Vietnamese identify themselves and rally - as long as the dream of a free Vietnam remains alive and well. • FAQs on the Vietnamese Heritage and Freedom Flag (Yellow flag with three red stripes) • History of the Vietnamese Heritage and Freedom flag (3 red stripes on a yellow background) The Vietnamese flag was adopted in 1948 by the State of Vietnam under Emperor Bao Dai • of the Nguyen Dynasty. This flag was also adopted after 1954 by the Republic of Vietnam (aka South Vietnam). Originally, the yellow background is the color of the Nguyen Dynasty, also is the color of the element Earth. The Red symbol signifies the South, with red signifies Fire. • The flag was changed in 1944 to the current flag, which has some more modern ideology. The yellow still is the earth, but is also the color of the skin. The red stripes has the color of blood, represents 3 geographical regions of Vietnam. This flag is older than the . Republic of Vietnam (1954-1975). It was flown when Japan returns symbolic S independence of Vietnam (was then a colony and a protectorate of France) to a Vietnamese government in 1944. It continued to be used by various governments since then. It is only partially correct to say that this is the flag of Republic of Vietnam. Many still claim that it is the only flag, which is worthy to represents Vietnamese. • History of the Vietnamese Communist Party flag (yellow star on a red background) The flag was adopted in 1945 by the Vietnamese Communist party. • 1. Why is there a question as to which flag to use? - No doubt about it, the United States flag, the Stars and Stripes, is the official flag that • represents all citizens of the United States of America, including Americans of Vietnamese descent. - As the United States is among the most free and democratic countries in the world, its citizen the liberty to use other symbols, crests and flags to represent their group, organization and club, or • ethnic/cultural heritage. - This is about the representation and the Vietnamese American community is making a • conscious choice to be represented by a flag symbol that is more meaningful to their • Vietnamese heritage. 2. Why can't Vietnamese Americans use the current flag of Vietnam? • - Over the past 10 years, many schools, universities and local municipalities have displayed flags to represent the diversity that exists in their population. Unfortunately, they display the current flag of Vietnam and Vietnamese Americans object to this because hundreds of thousands of Vietnamese lost their lives and families not only in the war, but also at sea in their struggles to seek freedom and escape from the retribution of the Vietnamese Communist Government, by which the current flag represents. - Vietnam today continues to have a deplorable human rights record because of the • draconian policies of the Vietnamese Communist Government. In the past 5 months, the Vietnamese Communist Government has arrested and detained many individuals who speak up and advocate reform many of whom are also members of the Vietnam Communist Party. • 3. What does the Vietnamese Heritage and Freedom Flag mean to the Vietnamese American community? • - Dating back to 1948 (before the existence of the former Republic of Vietnam), this flag • has a long history in Vietnam and is a symbol of resilience, freedom, and a yearning for democracy that is deeply rooted in the cultural heritage of the Vietnamese Americans. So long as the current Vietnamese Communist Government continues their totalitarian rule • without respect for civil and human rights, Vietnamese Americans will practice their • Constitutional rights of expression by choosing the Vietnamese Heritage and Freedom Flag (yellow flag with three red stripes) to represent our Vietnamese heritage and a symbol of freedom for our community. • 4. Why should the state of Oregon formally recognize the Vietnamese Heritage and • Freedom Flag? - Oregon is home to nearly 40,000 Vietnamese Americans who has made positive • contributions to Oregon through taxes, business establishment, and cultural enrichment. • 5. Why should local municipalities recognize the Vietnamese Heritage and Freedom Flag? • - Vietnamese Americans are your residents, taxpayers and constituents. We ask that you recognize our contribution by respecting how we would prefer to be represented. 6. Why is the current Vietnamese Communist Government outraged by the action • of so many municipalities? - Vietnamese Americans believe that the current Vietnamese Communist Government does not have a say or a right to tell how Vietnamese Americans should be represented. • We live in a democratic society in which our civil and human rights are protected by the • U.S. Constitution and all its institutions. They are entitled to their way of thinking but have no right to infringe upon the rights of Vietnamese Americans. The Vietnamese Communist Government does not represent the Vietnamese American community in the United States. • 7. Does the recognition of the Heritage and Freedom flag violate any U.S. laws or • treaties? - No. The recognition of the Vietnamese Heritage and Freedom flag is a recognition of the voice of the Vietnamese American community in voicing their opinions on how they choose to be represented when a flag is flown to represent our contribution to the United • States of America. 8. Does the recognition of the flag mean that local and state recognizes the former • Republic of Vietnam? - No. The Republic of Vietnam no longer exist and we accept that reality. The recognition of the Vietnamese Heritage and Freedom flag is a recognition of the voice of • the Vietnamese American community in voicing their opinions on how they choose to be represented when a flag is flown to represent our contribution to the United States of America. • 9. Would there be any financial impact to the local economy if the flag were • recognized? - No fiscal impact to local or state budget. r A RESOLUTION OF THE CITY OF TIGARD RECOGNIZING THE VIETNAMESE HERITAGE AND FREEDOM FLAG (Yellow Flag With Three Red Stripes) AS THE OFFICIAL FLAG OF THE VIETNAMESE AMERICAN • COMMUNITY City of Tigard WHEREAS: There are a significant number of Vietnamese-Americans who • have chosen to make the City of Tigard their home; and WHEREAS: Tigard's Vietnamese-American community have made substantial contributions to the cultural, religious, political and business life of • the City of Tigard; and WHEREAS: The vast majority of Tigard's Vietnamese-Americans embrace the yellow and red-striped Heritage and Freedom flag as the symbol of • the Vietnamese-American community; and WHEREAS: This yellow flag with three red stripes is widely embraced because of its long history as a symbol of resilience, freedom and • democracy both in Vietnam itself and Vietnamese-American • communities throughout Tigard and elsewhere; Now, Therefore Be It RESOLVED: That the Tigard City Council supports the recognition of the • Heritage and Freedom flag as the official symbol of the Tigard . Vietnamese-American community and to know that we stand in strong support of their efforts to promote freedom and democracy in their country of origin. Up To Date Resolutions and Proclamations 2004: • 47- Resolution of Virginia Commonwealth (Apr 15, 04) • 46- Resolution of City Of Syracuse, New York (Apr 12, 04) • • 45- Resolution of City Of Honolulu, Hawaii (Mar 24, 04) • 44- Resolution of City Of Centralia, Washington (Mar 24, 04) • 43- Resolution of City Of Orlando, Florida (Mar 22, 04) • 42- Resolution of City Of Biloxi, Mississippi (Mar 16, 04) • 41- Resolution of City Of Stockton, California (Feb 17, 04) • 40- Resolution of City Of South El Monte, California (Feb 10, 04) . • 39- Resolution of City Of Grand Prairie, Texas (Feb 2, 04) • 38- Resolution of City Of Philadelphia, Pennsylvania (Jan 29, 04) • 37- Resolution of Pierce County, Washington (Jan 26, 04) • 36- Resolution of City Of San Diego, California (Jan 13, 04) • 35- Resolution of City Of Wichita, Kansas (Jan 13, 04) • • 34- Resolution of City Of Du Pont, Washington (Jan 13, 04) • 33- Resolution of City Of Wichita, Kansas (Jan 13, 04) • 32- Resolution of City Of Lincoln, Nebraska (Jan 10, 04) • 2003: • • 31- Resolution of City Of Worcester, Washington (Dec 16, 03) • 30- Resolution of City Of Lakewood, Washington (Dec 08, 03) • 29- Resolution of City Of Puyallup, Washington (Dec 01, 03) M • 28- Resolution of City of Olympia, Washington (Nov 22, 03) • • 27- Resolution of Marina City, California (Nov 18, 03) • 26- Resolution of City of Arlington, Texas (Nov 11, 03) • 25- Resolution of City of Clarkston, Georgia (Nov 03, 03) • 24- Resolution of City of Norcross, Georgia (Nov 03, 03) • 23- Resolution of City of Doraville, Georgia (Oct 20, 03) • • 22- Resolution of City of Quincy, Mass. (Oct 7, 03) • • 21- Resolution of City of Grand Rapids, Michigan (Sep 30, 03) • 20- Resolution of City of Garland, Texas (Sep 16, 03) • 19- Resolution of city of Tumwater, Washington (Sep 16, 03) • 18- Resolution of city of El Monte, California (Sep 16, 03) • 17- Resolution of City of Malden, Mass. (Sep 16, 03) • 16- Resolution of City of Springfield, Mass. (Sep 08, 03) • • 15- Resolution of city of Sacramento (Aug 27, 03) • 14- Resolution of city of Rowley, Mass. (Sep 15, 03) • 13- Resolution of city of Boston (July 30, 03) • 12- Louisiana State Act 1277 (Jul), 12, 03) 0 11- Resolution of Fairfax County, Virginia (July 7, 03) • 10- Resolution of City of Pomona, California (July 7, 2003) • 9- Resolution of Houston, Texas (June 18, 03) • • 8- Resolution of Holland, Michigan (June 4, 03) • 7- Resolution of Santa Clara County, California (June 3, 03) • • 6- Resolution of Saint Paul, Minnesota (May 28, 03) • • 5- Resolution of Milpitas, California (May 6, 03) • 4- Proclamation of San Jose, California (April 15, 03) • 3- Resolution of Falls Church, Virginia (Apr 14, 03) • 2- Resolution of Garden Grove, California (March 11, 03) • 0 1- Resolution of Westminster, California (Feb 12, 03) • • CITY OF PORTLAND V Ximm, There are a significant number of Vietnamese-Americans who have chosen to male the • City of Portland their home; and • 9fk2~ Portland s Vietnamese-American community has made substantial contributions to the cultural, religious, political and business life of the City of Portland; and VCU~4ea% A large number of Portland's Vietnamese-Americans widely embrace the yellow and three red-striped Heritage and Freedom flag as the symbol of the Vietnamese-American community; and V 4ea6, It is the will and desire of the Oregon Community to Protect Vietnam Homeland and its members, that the Vietnamese Heritage and Freedom Flag be recognized as the official • flag of their organization • oat, devee Xe, I, Vera Katz, Mayor of the City of Portland, do hereby recognize • The Vietnamese-American Heritage and Freedom Flag as the official flag of the Oregon Community to Protect Vietnam Homeland, and its members, and encourage all citizens of the City of Portland to support diversity, tolerance, equality and mutual understanding among peoples of the world. • IIIG CI'I'1' OF NOSES • • • PROCLAMATION OFFICE OF THE MAYOR • CITY OF BEAVERTON • ..,moo • a B • • • WHEREAS, there are a significant number of Vietnamese-Americans who have • chosen to make the City of Beaverton their home; and • WHEREAS, Beaverton's Vietnamese-American community have made substantial • contributions to the cultural, religious, political and business life of the City of Beaverton; and • WHEREAS, the City of Beaverton was informed that the vast majority of Beaverton's Vietnamese-Americans embrace the yellow and red-striped Heritage and • Freedom flag as the symbol of the Vietnamese-American community; and • • WHEREAS, Beaverton Vietnamese-Americans say that this yellow flag with three red • stripes . is widely embraced because of its long history as a symbol of resilience, freedom and democracy both in Vietnam itself and • Vietnamese-American communities throughout Beaverton and elsewhere; • and • NOW, THEREFORE, 1, Rob Drake, Mayor of the City of Beaverton, Oregon, do hereby • recognize and honor the: • • VIETNAMESE-AMERICAN • HERITAGE & FREEDOM FLAG • The Mayor and City Council supports diversity, tolerance, equality and • mutual understanding among peoples of the world. • • a, AkAA Rob Drake Mayor • • • r rt `r n m ~ n Y- '3} P N Y. m 5 Ul till cr Cathy Wheatley - Fwd: SB 899 - Tax Supervising and Conservation Commission, optional no t required Page From: Craig Prosser To: Cathy Wheatley; Liz Newton; Tom Imdieke Date: 3/8/2005 8:07:48 AM Subject: Fwd: SB 899 - Tax Supervising and Conservation Commission, optional no t required Please add to Pink Sheet for tonight. Craig Prosser Interim City Manager City of Tigard 503-718-2486 503-639-1471 fax craig@ci.tigard.or.us Gerald Kubiak <Gerald_Kubiak@co.washington.or.us> 3/7/2005 5:11:54 PM Greetings, As chief administrator of your organization, you are receiving this email on a pending legislative bill that we believe you will also find important. Senate Bill 899, introduced at Washington County's request, would give counties with over 500,000 in population after July 1, 2005 the option to have or not have a Tax Supervising and Conservation Commission. (ORS currently requires counties over 500,000 to have a Tax Supervising and Conservation Commission.) For the reasons stated in the attached letter containing testimony that we intend to submit, Washington County requests your support for this bill. We urge you to express your jurisdiction's support for SB 899, either by testifying in person or by sending a letter to the committee. We anticipate a hearing on SB 899 during the week of March 14. Please direct support letters, preferably by the end of this week, to: Honorable Members of the Revenue Committee Oregon State Senate Attention: Barbara Guardino, Committee Assistant, H-197 900 Court Street NE Salem, OR 97301 Please copy me on any support letters at this email address. Please contact me for assistance or additional information. Click link below to view SB 899. http://www.leg.state.or.us/05reg/measures/sb0800.dir/sb0899.intro.htmI Thank you, Gerald Kubiak Government Affairs Assistant Washington County, Oregon Phone - 503.846.8168 Pager - 503.301.1238 Cathy \/Vheatley,- Fwd: SB 899 - Tax Supervising and Conservation Commission, optional no t required Page `J CC: League of Oregon Cities Oregon School Board Association Special District Association of Oregon Association of Oregon Counties 0 Cathy Wheatley'- SB 899 support testimony 3-05.doc _ -Page 1 March 15, 2005 Honorable Members, Revenue Committee Oregon State Senate 900 Court Street NE Salem, OR 97301 RE: Request for Support - Senate Bill 899, Tax Supervising and Conservation Commission Chairman Deckert and committee members: ORS 294 requires counties over 500,000 in population to have a Tax Supervising and Conservation Commission (TSCC). At the next federal decennial census, Washington County's population will very likely exceed this population threshold. The Washington County Board of Commissioners requests support of Senate Bill 899 with an amendment. This amendment will allow counties reaching 500,000 population after July 1, 2005 to accept or reject the creation of a Tax Supervising and Conservation Commission. SB 899 as written also corrects an oversight in Oregon's budget law, which requires each taxing jurisdiction to provide a copy of their annual budget document to the county clerk. Multnomah County does not have a county clerk. SB 899 allows taxing jurisdictions in a county subject to a TSCC, who do not have a county clerk, to submit their budget to the TSCC. Multnomah County and their TSCC both support this change. Multnomah County is the only county currently with a TSCC. Washington County has no interest in changing the 86-year relationship Multnomah County's 36 taxing jurisdictions have with their TSCC. Our issue is preventing the arbitrary creation of a TSCC in Washington County using a population-based trigger that is indifferent to need. We also need point out that allowing the creation of a TSCC where none is justified is contrary to the spirit, if not the language of the constitutional ban on unfunded mandates adopted in 1998 by the people of Oregon in Measure 30. It would be useful at this point to understand the role and responsibility of a TSCC: • A TSCC is a 5-member independent panel of citizen volunteers, appointed by the Governor. It was created in 1919 to monitor the financial affairs of municipal corporations in Multnomah County. The population threshold was probably used as a mechanism to institute the requirement intended for Multnomah County's 36 municipal corporations/governments to avoid being challenged as an unconstitutional local law. Cathy Wheatley : SB 899 support testimony 3-05.doc -Page 2] • The TSCC is empowered to conduct reviews and hearings on the annual budgets, special tax levies and bond issues of all municipal corporations in the county. All budgets must be certified by the TSCC prior to their adoption by the local governing body. In some circumstances, the TSCC can order specific expenditures be removed from a taxing jurisdiction's budget. The TSCC may also inquire into agency management and accounting systems. • A county subject to the authority of a TSCC is required to make an appropriation sufficient to cover the TSCC's proposed expenditures, not to exceed $280, 000. ORS 294 allows any county with a population of less than 500, 000 to establish a TSCC with the approval of a majority of its electors voting on the question. • Oregon's Attorney General serves as the TSCC's legal counsel. Taxing jurisdictions in Washington County have evolved their own successful budgeting processes over this same 86-year period without the assistance of a TSCC. The Washington County charter, adopted by the citizens in 1966, requires a variety of mechanisms to ensure effective, efficient governance and accountability to its citizens that meet or exceeds the TSCC's role in a taxing jurisdictions' budget processes. The county has an elected auditor, internal audit requirements, requires public votes on all tax measures, and of course adheres to Oregon's Local Government Budget Law, one of the most comprehensive in the United States. In addition, the County's annual Budget has been voluntarily submitted for independent review by the National Government Finance Officers Association for over 10 years and been given a proficiency award every time. Perhaps the clearest statement of public confidence in Washington County's approach to budgeting is the public's support of local taxing initiatives. Over the past 15 years, 61% of the county's 23 funding measures have been adopted. The Washington County Board of Commissioners requests your support of SB 899. Sincerely, Tom Brian Chairman CITY OF TIGARD, OREGON RESOLUTION NO. 04- gZ A RESOLUTION REVISING THE POLICY. OF THE CITY COUNCIL REGARDING COUNCIL GROUNDRULES AND VISITOR'S AGENDA PROCESS (SUPERSEDING RESOLUTION NO.01-47) WHEREAS, the Tigard City Council periodically reviews Council Groundrules; and WHEREAS, the City Council, on September 28, 2004, directed that changes be made to "Exhibit A" of the City Council Groundrules and Visitor's Agenda Process; and WHEREAS, it is the desire of the City Council to make the changes discussed, which will supersede Resolution No. 01-47. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby revises the Council Groundrules Visitor's Agenda as described in Exhibit "A" attached. PASSED: This day of '2004 Mayor, ty of Tigard ~~~Z&iz /u/w ar - City of Tigard Jane McGarvin, Deputy City Recorder i i I:'ndmV=1u6onsk=61 gmundntks 04) 026.doo10/19A4 I RESOLUTION NO. 04-'P-1 Page 1 i EXHIBIT "A" Resolution No. 04 CITY COUNCIL GROUNDRULES AND AGENDA PROCESS The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The Groundrules describe the process followed by Council in scheduling and conducting meetings. Council/Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, President and Council members. Conduct of City Meetings • Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting.- On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll CallNoting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who 1 voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Couricil person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the.total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. • The Chair, or other members if the Chair fails to remember, shall call for a Point of Order at or around 9:30 p.m. to review remaining items on the agenda with the Council. The Council may reset or reschedule those items, which it feels may not be reached prior to the regular time of adjournment. • The Council's goal Is to adjourn prior to 10 p. m. unless extended by majority consent of all Council members then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. • Definitions - Meeting Types, Study Sessions and Executive Sessions: > BUSINESS MEETINGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public i hearings. Business meetings are open to the public. The regularly scheduled business meetings are televised. Business meetings are generally scheduled to begin at 7:30 p.m. with a i study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. - The "Citizen Communication" portion of the agenda is a regular i feature on the Council Business meetings. This item will be . placed near the beginning of the Council Agenda to give citizens a chance to introduce a topic to the City Council. Citizen Communications are limited to two minutes in length and must be directed to topics that are not on the Council Agenda for that meeting. 2 At the conclusion of the Citizen Communication period, either the Mayor, a Council member or staff member will comment what, if any, follow-up action will be taken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will update the Council and community on the review of the issue(s), the action taken to address the issue, and a statement of what additional action is planned. Council may decide to refer an issue to staff and/or schedule the topic for a later Council meeting. > WORKSHOP MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics with no intent of deliberating toward a final decision during the meeting. Workshop meetings are not currently scheduled to be televised but are open to the public. Workshop agenda items are generally topics which Council is receiving preliminary information on and providing direction for further staff analysis and information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees, as well as other governmental units. Appropriate topics for Workshop meetings include: Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track"? Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: other Councils, the School District, and other officials). Administrative Updates: Items such as calendar information, scheduling preferences, process checks. > STUDY SESSIONS: Study Sessions precede or follow a Business Meeting or Workshop Meeting. As stated above, they are conducted in a Workshop-type setting to provide an opportunity for Council to review the Business Meeting Agenda and to ask questions for clarification on issues or on process. Information is also shared on items that are time sensitive. During Study Sessions, any Council member may call for a Point of Order whenever he or she wishes to stop the "discussion" because he or she feels that it is more appropriate for the City Council to discuss the matter during the Council meeting. If a Point of Order is raised, the City Council will discuss the Point of Order and determine whether the "discussion" should continue on or be held during the Council meeting. The decision on whether to continue the "discussion" or not shall be determined by the majority consensus of the Council members present. If Council discusses a Council Agenda Topic in a Study Session prior to that Council meeting, either the Presiding Officer or City Manager will briefly state at the 3 1 introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. > EXECUTIVE SESSIONS: Meetings conducted by the Council, City Manager, and appropriate staff for deliberation on certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Among the permitted topics are employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions, Boards or Committees (hereinafter referred to as "Boards") • The Council shall follow the Procedure for Recruitment and Appointments to Boards and Committees established in Resolution No. 95-60. • Appointments to any committees not covered by Resolution No. 95-60 shall be made following the procedure provided within the Resolution or Ordinance, which created the committee. • Appointments to intergovernmental committees shall be made by Council Action. • Appointments of Council members to internal City committees as the Council Liaison shall be made by the City Council. • It is Council policy to make known to the public, by notice in the Cityscape, of the occurrence of vacancies on City boards for the purpose of informing persons who may be interested in appointment. Council will entertain regular representation by persons outside the City on those boards, which provide for such non-city membership. • The Mayor and one Council member will serve on the Mayor's Appointment Advisory Committee for the purpose of interviewing and recommending potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Terms shall begin January 1 and July 1. Communications Between City Councilors, City Manager and Staff • Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually in one-on-one sessions. • Councilors are encouraged to direct inquiries through the City Manager, giving as much information as possible to ensure a thorough response. 4 • In the absence of the City Manager, Councilors are encouraged to contact the Assistant to the City Manager. In the absence of both the City Manager and the Assistant to the City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. • Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. 1 5 Council Agendas and Packet Information • The City Manager will schedule agenda items while attempting to maintain balanced agendas to allow for discussion of topics while meeting the established 10 p.m. adjournment time. • The City Manager will schedule items allowing time for staff research and the agenda cycle deadlines. • The agenda cycle calls for submittal of items 10 days in advance of a Council meeting. Add-ons are to be minimized, as well as handouts distributed at the start of meetings, except Executive Sessions. • Councilors and staff will prepare in advance of public meetings and issues should be presented fully in packets. • Council is supportive of the role staff should play in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record, and Council deliberation on the matter. Communications Among Councilors • Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item into the Tentative Agenda. • Add-on Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. • Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Communications with Community/General Public • Councilors and the General Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. • "Official" communication should come through City Hall and be provided by the City i Manager. Direct submittal or inquiries to the Council or individual Councilors should be referred to the City Manager or Councilors may ask the City Manager to look into an issue. • Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the City Manager's Office. I 6 General Councilors are always Councilors in the eyes of the Administration,, never simply private citizens. Thus, Councilors are always treated by Administration as Council members. Information that "affects" the Council should go to Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. • Councilors and the City Manager agree to report and discuss any contact, which might affect labor relations with the entire Council in Executive Session. The Council Groundrules will be submitted for review by Council each year either in the July or August Workshop Meeting. The Groundrules can be reviewed and revised at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. I:1adm1ca0iylcouncilkwunciliules.em.revisod 041026.doa10119104 i I I i I ' 7 ~iespn-~c~ by 3-~•oS CITY OF TIGARD CITY COUNCIL ORIENTATION Timothy V. Ramis Gary Firestone Ramis Crew Corrigan & Bachrach, LLP 2005 TOPICS 1.- Personal and Municipal Liability.. 2. Ethics Law 2 1. PERSONAL AND MUNICIPAL LIABILITY i. IMMUNITY/ INDEMNITY FOR PUBLIC OFFICIALS A. Discretionary Immunity. Public officials and the government they represent are immune from suit as to discretionary decisions. within the scope of their authority. If a person is injured as a result of an uneven City sidewalk after the City Council makes a discretionary decision to use funds for other purposes and not for sidewalk repair, the City and Council Members will have a valid defense of discretionary immunity. B. Individual immunity from tort claims. Under ORS 30.265, tort claims involving a government must be brought against the governmental entity, not against a governmental official or employee. Note that this rule governs only state claims, and certain federal claims, including claims for civil rights violations, may be brought against individual officials. C. Governments are required to indemnify their officials and employees if tort claims are made against them based on actions within the performance of their duties. ORS 30.285. D. The protection from individual immunity from tort claims under ORS 30.265 and the indemnity protection of ORS 30.285 apply only to actions within the scope of an official's duty. 'The protection may be lost if a person acts outside the scope of the person's authority, even if purporting to act for the Ctiy. II. TORT CLAIMS A. In addition to the protection the Tort Claims Act provides for individual council members, it also provides some protection for local governments. The protection includes: 1. A short period for filing a tort claim notice (1 year for wrongful death, 180 days for all other claims). The claim is barred if a timely tort claim notice is not filed. 2. A limitation on damages. ($50,000 for property damage, $100,000 for other damages, $500,000 maximum per occurrence, even if multiple persons affected.) 3 3. Immunity from some types of claims (rarely used). B. The Tort Claims act does not apply to federal claims, including federal civil rights claims. It also does not apply to takings (inverse condemnation claims). III.' TAKINGS CLAIMS A. Takings (inverse condemnation) claims can be brought against an entity that has taken property, so any claims involving the City should be against the City only. B. Takings claims are not subject to the Tort Claims Act. The essence of a takings claim is that private property has been taken for a public purpose without just compensation. With Nollan, Dolan and the state cases that allow claims for takings of less than the whole area of the property, takings cases can be very complicated. IV. PERSONAL LIABILITY/ RESPONSIBILITY A. As discussed above, the protections provided by the Tort Claims Act is limited to actions within the scope of an official's duties or responsibilities. The greatest risk for personal liability for a Council member is taking action that is beyond the scope of the Council member's responsibility. Council members have little or no authority as individuals (the Mayor has some authority), but the Council as a body has a great deal of authority --it can do anything not expressly prohibited by federal or state law or the Charter. Taking action only as a Council following appropriate rules provides the greatest protection against personal liability. B. One way in which a council member or any other official or employee may incur personal liability is to spend City money without proper authority. ORS 294.100. C. A person who is the subject of a GSPC investigation typically pays his or her own defense costs. If the person is ultimately determined to have not violated the ethics rules, the person may be reimbursed by the governmental body that the person serves, but there is no right to reimbursement. 4 2. ETHICS LAW i. STATE LAW A. ORS Chapter 244 provides rules applicable to all public officials, including city council members 6. Conflicts of Interest and Other Prohibited Acts Po +P-r~ -m aJ- + U C-U-k ai Y-k vi e.w o . 1. An actual conflict is an action, decision, or recommendation that would result in a .Re.-uniarv benefit to the person taking the action, to a relative, or to a business in which the person or relative has an interest. 2. There are a few exceptions, the most notable of which is the "class" exception. That exception allows a public official to participate in a decision that affects and entire class of people equally, not just the official, or the official's relatives or business. For example, a council member who is an architect may participate in a decision that requires certain types of drawings to be prepared by an architect.. 3. No public official may use official position to obtain financial gain or avoid financial detriment that would not be available if not for the official position. Salary, some honoraria, reimbursment for expenses, and unsolicited awards are permissible. 4. Receipt of gifts in excess of $100 aggregate from a single source other than from relatives and friends is prohibited. 5. Voting on something in exchange for future employment is prohibited. 6. Public officials cannot use confidential information obtained as a public official for personal gain. 7. Public officials cannot represent others for a fee before their own jurisdiction. If a council member is a land use planner, the council member cannot represent an applicant or opponent in a City process for a fee. 5 C. Reporting. All elected officials must annually (by April 15) provide a verified statement of economic interest with the GSPC. D. Handling conflicts. 1. When there is a potential conflict of interest, the council member must announce and explain the potential conflict, but may continue to participate. 2. When there is an actual conflict, the council member must announce the nature of the conflict and refrain from further participation as a public official. Although state law allows a vote without participation if the vote is needed to take official action, that situation will not arise, because the City Charter and Code do not require a minimum number of votes. 3. The difference between an actual and a potential conflict of interest is that an actual conflict occurs when the action would result in a financial benefit, whereas in a potential conflict, the action could (but would not necessarily) result in a financial benefit. E. Opinion letters and advice: 1. Relying on the advice of an attorney, even the City Attorney, is not a defense to a claim of violation of the government standards and practice rules. 2. The GSPC staff can issue informal opinions, but even those do not provide a defense. 3. ' Formal written opinions of the GSPC may be relied on and shield the requestor from liability if the advice is followed, but they can take six months to get, by which time it is usually too late. F. CAUTION - GSPC staff members, in particular its director, take their role very seriously. While this is good and has generally resulted in honest and ethical government, the GSPC staff often takes position that are unreasonably restrictive. For example, they have been known to take the position that a planning commissioner who owns a store cannot vote on a subdivision because persons from the subdivision would increase the store's business because it is the only store in town. 6 G. PROCEDURES. After a complaint is filed, there is a confidential preliminary review that can last 90 days. If there is reason to believe a violation has occurred, there is a 120-day investigative phase. At the end of that period, the agency can dismiss the case, seek a settlement, continue the investigation, or hold a hearing. Appeals of a decision are to the Court of Appeals. II. ETHICS IN LAND USE CASES A. In addition to the financial conflict of interest rules, which apply to land use cases as well as all other situations, there are additional considerations in quasi-judicial land use cases. B. Ex parte contacts must be disclosed. An ex parte contact is any contact s concerning the substance of the quasi-judicial matter with a person other than staff. If ex parte contacts are fully disclosed, the council member may participate. C. Site visits must be disclosed. D. In land use cases, as well as all other quasi-judicial proceedings, the applicant or other person involved has a due process right to an impartial tribunal. Therefore, if a council member is personally biased so as to prevent that council member from making an impartial decision, the council member must refrain from participation. tvr/tigard/council/CouncilOrientationTrainingPart2(srg) W AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE : March 8, 2005 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED L CITIZEN COMMUNICATION Page 1 n1; k; 'Ra vr-) I 2 - Tigard High School Tigard High School 9000 SW Durham Road Leadership Officers Tigard, OR 97223 20042005 March 8"h, 2005 Advisor. Judy Edtl Academics: Forecasting this week for freshman- juniors. Parent:/Teacher conferences on Thursday & Friday. President: 1/2 way through the 3`t quarter. Nikki Pham Activities: Senior Citizen's Dance- very well (MORP too) Vice President: ASB Elections Assembly Monday the 14th Rachael Hart Class officer positions in April KUIK radio- THS announcements Activities: Planning for Prom and Graduation! Joel Walker Athletics: Spring sports started! Secretary: Ashleigh Stroud Meets, tournaments & games starting next week! Arts: Band has a concert on March 17th Treasurer. Choir concert tonight and Thursday Lauren Schleyer The Little Circus, the children's show ended. Human Relations: Auditions for Dearly Departed the spring show, are Bri Jones this week. Thespian State Conference is March 31~- April 2"`i Assemblies: . Travis Brown Spirit: Kristi Dazzo Publicity: Stephanie Rogers Technology Co.: David McDougall "Motivation, Dedication, Participation" Leadership Mission Statement 2004-2005 AGENDA ITEM # 3. FOR AGENDA OF 3 • U5 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder DATE: February 28, 2005 SUBJECT: Meeting Notes Attached are the minutes prepared by Bill Monahan for the October 1, 2004 Strategic Planning Session. When finalizing Council record for 2004, we discovered these notes had not been submitted to the Council for formal approval. I:todmtcathytwunGlNcomspondenceWemo - oct 1 04 strategic planning mins.doc MEMORANDUM Administration CITY OF TIGARD Shaping A Better Community TO: Honorable Mayor and City Council Agenda Item No. 3.2 a. For Agenda of March 8, 2005 FROM: Cathy Wheatley DATE: March 1, 2005 SUBJECT: Three-Month Council Calendar Regularly scheduled council meetings are marked with an asterisk March 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday "Fifth Tuesday" Council Meeting - 7 pm, Town Hall April 4 Monday Special City Council Meeting (tentative schedule) - Library Community Room 6-7 p.m. - Review Council Goals - Work Plans 7 p.m. - Joint Meeting with Tigard Tualatin School District Board and City of Tualatin Council 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 25 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall 3-Month Council Calendar - March to May 2005 1 May 2 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 9 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 23 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 1:Wdmklty coundM.month calendar word formet.doc 3-Month Council Calendar - March to may 2005 2 Tigard City Council Tentative Agenda 2004 Meeting Date: March 15, 2005 Meeting Date: March 22, 2005 Meeting Date: April 4, 2005 Meeting TypefTime: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 Meeting Type/Time: Business/6:00 p.m. Location: City Hall Location: City Hall Location: City Hall `n Greeter: Greeter: Greeter: Materials Due @ 5: March 1, 2005 Materials Due @ 5: March 8, 2005 Materials Due @ 5: March 21, 2005 ~yo Bid Opening Deadline: February 28, 2005 Bid Opening Deadline: March 7, 2005 Bid Opening Deadline: March 20, 2005 Scan Deadline @ noon: February 25, 2005 Scan Deadline @ noon: March 4, 2005 Scan Deadline @ noon: March 17, 2005 Req to Sched Due @5: February 15, 2005 Req to Sched Due @5: February 22, 2005 Req to Sched Due @5: March 11, 2005 Televised: No Televised: Yes Televised: Yes O Attorney Attends: No Attorney Attends: No Attorney Attends: Yes Study Session Z 1. Joint Meeting with Library Board - Margaret - Review of FY 2005-06 Community Event Note: This is a special Monday meeting.... 30 min Funding Requests - Tom 20 min 6-7 p.m.: Z 2. Joint Meeting with Skate Park Task Force Update - Family Day/Citizen Leadership Academy Council Goal Update - Workplans (Need RS) W Dennis - 30 min - Liz - 10 min Q C 3. Downtown Task Force Update - Jim -30 min Urban Renewal - Discuss Structure, Adoption 7 p.m.: 14. Proposed Capital Improvement Program Process, Gov.lssues (Tigard only vs. Co.), Joint Meeting with Tigard-Tualatin School Dist. Projects for FY 2005-06 - Gus - 20 min & How Projects are Chosen - Jim H. (RS) and City of Tualatin. 5. Metro Resolutions - Jim H. Tigard to Host - 60 min Need to confirm with other jurisdictions and agenda set Consent Agenda Refreshments Appoint Brian Davies to PRAB to Complete Darrin Marks' Term; Appoint Trisha Swanson as Alternate - RES Liz/Susan Approve Various Library Policies - packet material late - after 3/10 Bd. Meeting. Margaret Approve Interim City Mgr Contract - Sandy Business Meeting Indonesian Resource Cities Exchange Report PP - Dennis - 30 min - Update on Tualatin Basin Goal 5 and Natural Resource Protection Program - Jim - 30 min. Update on the Community Assessment Program PP - Liz - 20 min Update - Direction on Revised City Logo -Liz -10 min 1 Tigard City Couhcil Tentative Agenda 2004 Meeting Date: April 12, 2005 Meeting Date: April 19, 2005 Meeting Date: April 26, 2005 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: March 29, 2005 Materials Due @ 5: April 5, 2005 Materials Due @ 5: April 12, 2005 Bid Opening Deadline: March 28, 2005 Bid Opening Deadline: April 4, 2005 Bid Opening Deadline: April 11, 2005 Scan Deadline @ noon: March 25, 2005 Scan Deadline @ noon: April 1, 2005 Scan Deadline @ noon: April 8, 2005 Req to Sched Due @5: March 11, 2005 Req to Sched Due @5: March 18, 2005 Req to Sched Due @5: March 25, 2005 Televised: Yes Televised: No Televised: Yes Attorney Attends: Yes Attorney Attends: No Attorney Attends: No Study Session Study Session Tigard Water Supply Options- Dennis - 60 min Communication/Citizen Involvement Update - Liz - 30 min CCI - Jim H. (Need RS) City Website Review/Consent for Publishing Crime Statistics - PP -Gary E. - 60 min. Consent Agenda Solid Waste Franchise Review - Dennis - 30 min. Consent Agenda Business Meeting Business Meeting Library Strategic Plan Update - PP - Margaret 15 min Need RS on following Standing Item: ODOT - Gus 2 Tigard City Council Tentative Agenda 2004 Meeting Date: May 10, 2005 Meeting Date: May 17, 2005 Meeting Date: May 24, 2005 Meeting Typerrime: Business/6:30 p.m. Meeting Typerrime: Workshop/6:30 p.m. Meeting Typerrime: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: April 26, 2005 Materials Due @ 5: May 3, 2005 Materials Due @ 5: May 10, 2005 Bid Opening Deadline: April 25, 2005 Bid Opening Deadline: May 2, 2005 Bid Opening Deadline: May 9, 2005 Scan Deadline @ noon: April 22, 2005 Scan Deadline @ noon: April 29, 2005 Scan Deadline @ noon: May 6, 2005 Req to Sched Due @5: April 8, 2005 Req to Sched Due @5: April 15, 2005 Req to Sched Due @5: April 22, 2005 Televised: Yes Televised: No Televised: Yes Attorney Attends: Yes Attorney Attends: No Attorney Attends: No Study Session Study Session Consent Agenda Consent Agenda Business Meeting Business Meeting Need RS on following Standing Item: Need RS on following Standing Item: Need RS on following Standing Item: Youth Advisory Council - Liz PRAB - Dennis/Dan P Downtown Task Force - Jim H. Judge O'Brien - Tom I./Nadine Washington Co. Board of Comm -Jim H. Metro - Jim H. 3 AGENDA ITEM # 3.3 FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of new collective bar ag inng agreement between City and TPOA (Tigard Police Officers Association) and authorization for Mayor to sign agreement PREPARED BY: Sandy Zodrow, HR Director P HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Approve and adopt the new collective bargaining agreement between the City of Tigard and TPOA for the term of July 1, 2004 to June 30, 2006 and authorize the Mayor to sign the new agreement STAFF RECOMMENDATION Approve and adopt the new agreement INFORMATION SUMMARY Pursuant to the recent arbitration award, the new collective bargaining agreement between the City and TPOA reflects the determination of the arbitrator in terms of wages, term, and benefits. Council has been previously briefed on the contract negotiations and eventual arbitration hearing that took place, including the most recent arbitration award at the March 1, 2005 Executive Session. Major highlights of the new contract include a change in insurance plan to match the rest of the City, changes to health insurance contribution rates for TPOA members, a 2.2% cost of living adjustment retroactive to July 1, 2004, and a two (2) year contract term. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST Collective bargaining agreement between the City and TPOA FISCAL NOTES The total cost of this contract for Fiscal Year 2004/05 is $237,708. The funds will be allocated upon approval of the proposed budget amendment - Budget Amendment #10. CAjj City Council Document Transmittal CITY OF TIGARD To: OREGON From: Date: 3. o ~s I'm sending you: Document Type: ❑ IGA ❑ Contract D'Other TPr V A Document Name: Coag-c-+'Ve C oryn U. -i Approved at the Council Meeting of: 3 - S oz:;- Number Copies Included: a D c ITIna.(s ~YN a ~V- 14, r, El Your document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager ❑ Your document(s) requires an additional signature(s) ❑ When all signatures have been obtained, file an original document with City of Tigard Records additional instructions: 5CCn4 rQ card s Cv~. cam r in& GLlso 5o r0co,/,cps needs not.k.i n I:\NDM\FORMS\CITYCOUNCIL DOCUMENT TRANSMITTAL.DOC w COLLECTIVE BARGAINING AGREEMENT BETWEEN TIGARD POLICE OFFICERS' ASSOCIATION AND THE CITY OF TIGARD Expires: June 30, 2006 1762/60 00054147 v 3 TABLE OF CONTENTS 0 PREAMBLE 1 ARTICLE 1 - RECOGNITION 1 ARTICLE 2- MAINTENANCE OF STATUS QUO 2 ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES 2 ARTICLE 4- EMPLOYEE RIGHTS 3 ARTICLE 5 - MANAGEMENT RIGHTS 3 ARTICLE 6 - CITY SECURITY 4 ARTICLE 7 - ASSOCIATION BUSINESS 4 ARTICLE 8 - GENERAL AND SPECIAL ORDERS 4 ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT 5 ARTICLE 10- BULLETIN BOARD 5 ARTICLE 11 - OUTSIDE EMPLOYMENT 5 ARTICLE 12 - WORKING OUT OF CLASS 5 ARTICLE 13 - HOURS OF WORK 5 ARTICLE 14 - OVERTIME AND PREMIUM PAY 7 ARTICLE 15- HOLIDAY COMPENSATION 8 ARTICLE 16 - VACATIONS 9 ARTICLE 17- INSURANCE BENEFITS 10 ARTICLE 18 - SICK LEAVE 12 ARTICLE 19 - LEAVE OF ABSENCE WITH PAY 15 ARTICLE 20 - LEAVE WITHOUT PAY 16 ARTICLE 21 - GRIEVANCE PROCEDURE 16 ARTICLE 22 - MILEAGE AND PER DIEM ALLOWANCE 18 ARTICLE 23- CLOTHING AND UNIFORM 18 ARTICLE 24 - SENIORITY 19 City of Tigard and TPOA - Expiration Date: June 30, 2006 1 ARTICLE 25 - LAYOFF AND RECALL 20 ARTICLE 26 - SHIFT AND DAYS OFF BIDDING 20 ARTICLE 27- PROBATIONARY PERIOD 22 ARTICLE 28- DISCIPLINE AND DISCHARGE 22 ARTICLE 29 - PERSONNEL FILE 22 ARTICLE 30 - WAGES 23 ARTICLE 31 - EDUCATION INCENTIVE/LONGEVITY MERIT INCENTIVE 24 ARTICLE 32 - SAVINGS CLAUSE 26 ARTICLE 33 - TERMINATION 27 ADDENDUM A 28 ADDENDUM B 28 ADDENDUM C 30 ADDENDUM D - INTERNAL INVESTIGATION PROCEDURES 31 ADDENDUM E - SWORN PERSONNEL 33 ADDENDUM F - SIDE LETTER 34 City of Tigard and TPOA - Expiration Date: June 30, 2006 11 PREAMBLE This contract entered into this day of , between the City of Tigard, Oregon, hereinafter referred to as the "City," and the Tigard Police Officers' Association, hereinafter referred to as the "Association," has as its purpose the promotion of an efficient police department; harmonious relations between the City and the Association; the establishment of an equitable and peaceful procedure for the resolution of differences; and to set forth their entire agreement with regard to rates of pay, hours of work, and other conditions of employment. ARTICLE 1 - RECOGNITION The City recognizes the Association as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for the employees in the bargaining unit as set forth in Addendum A. The City shall notify the Association of its decision to add any new classifications to the Police Department. If the City and the Association cannot agree whether a new position is supervisory, managerial, confidential, or if a new classification should be included in the bargaining unit, the dispute shall be submitted to the Employment Relations Board. When the parties are unable to agree as to the representation status of such a new position, the City shall have the option of leaving the position vacant or filling the position at a provisional wage rate until the issue is resolved. If such a position is filled on a provisional basis and if there is a subsequent adjustment in the wage rate, such adjustment shall be, retroactive to the date that the position was filled. The bargaining unit shall consist of those classifications listed in Addendum A that are regular full-time employees and those employees within those classifications that are regularly scheduled to work 20 hours or more per week, excluding supervisory and confidential employees as defined by the Public Employee Collective Bargaining Act. City of Tigard and TPOA - Expiration Date: June 30, 2006 1 ARTICLE 2- MAINTENANCE OF STATUS QUO The City shall be obligated to negotiate over existing conditions that are mandatory subjects of bargaining or the mandatory bargainable impacts, whether or not they are covered by this agreement, if the City intends to alter, change or modify such conditions. In the event the City desires to amend or modify or change the status quo that is a mandatory subject of bargaining or that has a mandatory impact, the City will provide the Association President or his/her designee with written notice of the proposed change. The Association shall have ten (10) days to object in writing to the person proposing the change or their designee. The failure of the Association to object in writing to the proposed change within ten (10) days of the notice provided for above shall serve as a waiver of the Association's right to bargain. The Association's written objection shall specify the nature of the objection and identify whether the Association believes the proposed change involves a mandatory bargainable subject or a mandatory bargainable impact of a permissive subject. Thereafter, the parties shall bargain in good faith over said changes for a period not to exceed thirty (30) days. If after the passage of thirty (30) days, the parties have not reached agreement, either party may declare an impasse and initiate interest arbitration pursuant to ORS 243,746 by requesting a list of eleven (11) Oregon and/or Washington arbitrators from the Employment Relations Board who are members of the American Arbitration Association (AAA). If the parties cannot mutually agree to an arbitrator, they will by lot alternately strike names and the last one (1) will be the arbitrator. The arbitrator shall conduct a hearing within thirty (30) days of announcement of his/her selection, or at such other time as the parties mutually agree. ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES 3.1 Check-off The City will deduct Association dues from the wages of employees when so authorized and directed in writing by the employee on the authorization form provided by the City. Any authorization for the payroll deductions may be canceled by any employee upon written notice to the City and the Association prior to the 15th day of each month, to be effective on the l st day of the following month. The City will not be held liable for check-off errors but will make proper adjustments with the Association for errors as soon as is practicable. It is also agreed that neither any employee nor the Association shall have any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within forty-five (45) calendar days after the date such deductions were or should have been made. 3.2 Payment in Lieu of Dues Any regular employee who is a member of the bargaining unit and has not joined the Association within thirty (30) days of becoming a regular employee, or who has joined within such time and then withdrawn from membership after such thirty (30) days, shall have deducted from his/her pay by the City a monthly service fee in the uniform amount of a payment in lieu of dues to the Association. The payment in lieu of dues shall be segregated by the Association and used on a pro-rata basis solely to defray the cost for its City of Tigard and TPOA - Expiration Date: June 30, 2006 2 services rendered in negotiating and administering this Agreement. Such deduction shall be made only if accrued earnings are,sufficient to cover the service fee after all other authorized payroll deductions have been made. 3.3 Religious Objection Any individual employee objecting to payment in lieu of dues based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, is required to inform the City and the Association of his/her objection. The employee will meet with the representatives of the Association and establish a mutually satisfactory arrangement for distribution of a contribution of an amount of money equivalent to the above mentioned payment in lieu of dues to a charitable organization mutually agreed upon by the employee and the Association. The employee shall furnish written proof to the City that such has been accomplished, as appropriate. 3.4 Indemnification The Association will indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. ARTICLE * EMPLOYEE RIGHTS 4.1 Employee Organizations Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing, for the purpose of representation on matters of employee relations. Employees shall also have the right to refuse to join and participate in the activities of any employee organization. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee organization because of his exercise of these rights. 4.2 Non-Discrimination The City and the Association agree the provisions of this Contract shall be applied equally to all employees in the bargaining unit without discrimination as to age, marital status, race, color, sex, creed, religion, national origin, labor organization affiliation, or political affiliation. ARTICLE 5 - MANAGEMENT RIGHTS The City administration and department heads shall exercise the sole responsibility for management of the City and direction of its work force. To fulfill this responsibility, the rights of the City include, but are not limited to: establishing and directing activities of the City's departments and its employees, determining services to be rendered, standards of service and methods of operation, including subcontracting and the introduction of new technology and equipment; establishing procedures and standards for employment and promotion; to layoff, transfer and promote; to discipline or discharge for cause; to determine fob descriptions; determine work schedules, to establish performance standards; and assign work; and any other rights except as provided in Article 2 of this Agreement. City of Tigard and TPOA - Expiration Date: June 30, 2006 3 ARTICLE 6 - CITY SECURITY The Association agrees that during the term of this contract its membership will not participate in any strike against the City under any circumstances. For the purpose of this contract, the meaning of the word "strike" is any concerted stoppage of work, slowdown, speedup, sit-down, absence from work upon any pretext that is not founded in fact, interruption of the operations of the City by the Association, or any similar act. Violation of this section by any bargaining unit member shall be grounds for disciplinary action up to and including discharge. ARTICLE 7 - ASSOCIATION BUSINESS 7.1 Association Business Up to three (3) members of the bargaining unit selected to serve as authorized representatives shall be certified in writing to the Chief of Police. When authorized in advance, up to two (2) representatives shall be granted time off without loss of regular pay for the purpose of meeting with City representatives. Employees may attend Association meetings on duty, subject to call, when authorized by the Chief of Police. 7.2 Contract Negotiations The Association's negotiating team may be comprised of more than two (2) employees; provided however, that the City's obligation to allow such individuals to attend negotiations during duty hours without loss of pay shall be limited to two (2) individuals. Hours utilized for this purpose shall not be considered hours worked in determining the payment of overtime. The date, time, and place for negotiating sessions shall be established by mutual agreement between the parties. 7.3 Special Conferences Special conferences to discuss employment relations matters shall be arranged between the Association and the City or its designated representatives within a reasonable period of time after either party receives a request from the other party. Such meetings shall be arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented at the time the request to confer is made. The Association members shall not lose time or pay for time spent in such conferences. Up to two (2) members of the bargaining unit may be allowed to attend conferences directly related to Association matters, provided the City receives sufficient advance notice of the dates of such conferences and the approval of the Chief of Police is obtained. The maximum number of days to be paid by the City shall not exceed an aggregate of six (6) conference days per year. The City shall not pay for travel, lodging, or per diem expenses of the members attending the conferences. ARTICLE 8 - GENERAL AND SPECIAL ORDERS The City will furnish the Association with copies of all general or special orders from within the Police Department promulgated during the term of this Agreement pertaining to wages, hours, and conditions of employment. City of Tigard and TPOA - Expiration Date: June 30, 2006 4 ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT The City agrees to furnish each employee of the bargaining unit with a copy of the Department Manual and a copy of this contract as provided by the Association for distribution. ARTICLE 10- BULLETIN BOARD The City agrees to furnish a suitable bulletin board in a convenient place to be used by the Association. The Association shall limit its posting of notices and bulletins to such bulletin board and shall limit its postings to Association business. Only members of the bargaining unit may post or remove items on the Association bulletin board. In the event the City desires that an item be removed, it will contact the Association with a request for such. The item will be removed if found inappropriate by the parties. ARTICLE 11 - OUTSIDE EMPLOYMENT Employees wishing to engage in off-duty employment with another employer must obtain approval from the Chief. ARTICLE 12 - WORKING OUT OF CLASS 12.1 Acting Supervisor Appointment of non-supervisory personnel to a supervisory position may be made on an acting basis to fill a temporary vacancy. An employee holding an acting supervisory position shall be entitled to a five percent (5%) premium for all time so assigned. 12.2 Coaching Non-supervisory personnel assigned to coach newly hired or promoted police department employees shall be entitled to a pay increase of 5% of the top-step base pay, for the classification acting as a coach, for each day or part of a day for the duration of their acting assignment. 12.3 Other Employees assigned to work in a higher classification, other than what is described in sections 1 & 2 of this article, shall be entitled to a five percent (5%) premium for all time so assigned. ARTICLE 13 - HOURS OF WORK 13.1 Work Week The work week, consistent with the operating requirements of the City, shall consist of a forty-hour (40-hour) shift schedule during a seven day calendar day period commencing midnight Sunday and ending midnight the following Sunday. 13.2 Work Schedule A "work schedule," consistent with the operating requirement of the City, shall be a 5-8, 4-10, alternative work week, flexible or part-time schedule as follows: City of Tigard and TPOA - Expiration Date: June 30, 2006 5 (a) A "5-8" work schedule shall consist of five (5) consecutive days of eight (8) work hours each followed by two (2) consecutive days off. (b) A "4-10" work schedule shall consist of four (4) consecutive days of ten (10) work hours each followed by three (3) consecutive days off. (c) The City and the Association may agree to an alternative work schedule consisting of fixed hours other than a 5-8 or 4-10. In the event an alternative work schedule is implemented, the parties agree to meet to negotiate its implementation and any other contract changes as may be necessary. (d) A "flexible" work schedule shall be equal in total hours worked during the work week to that of a "5-8" employee but shall have no maximum or minimum number of work hours per day or work days per week. Such work schedule shall not be in effect unless agreed upon in advance by the individual affected employee and the City. The determination of those assignments that are expected to work a flexible work schedule will be subject to agreement between the City and the Association. (e) "Regular part-time" employees shall be scheduled to work a portion of any of the above-specified schedules. (f) These schedules shall include meal and rest periods as set forth in this article. 13.3 Work Day The work day shall be a 24-hour period commencing at the start of the employee's regularly scheduled shift. 13.4 Meal Period Each employee covered by this agreement will be permitted a 30 minute paid meal period each workday to the extent consistent with operational or duty requirements, except for employees attending the academy or voluntary training where a longer lunch period is provided and the employee is relieved from duty, in which case, the lunch period shall be unpaid. 13.5 Rest Periods Each employee covered by this agreement will be permitted two (2), fifteen (15) minute paid rest periods each work day, to the extent consistent with operational or duty requirements. 13.6 Work Schedules An employee will normally be given adequate advance notice of any change in his regular hours of work, except where an emergency exists. Notice will not be given less than two (2) weeks prior to the employee's change of work schedule, except where a change of schedule is for the purpose of the employee's voluntary training or for the purpose of adjusting the schedule of a probationary employee not released for solo status. 13.7 Safety Release City of Tigard and TPOA - Expiration Date: June 30, 2006 6 Employees working sixteen or more hours in a twenty-four hour period who provide notice to their supervisor at least one hour prior to reaching the sixteen-hour threshold may be given their next consecutive scheduled shift off with pay. In such event, no deduction shall be made from the employee's leave. If employees are directed to work their next scheduled shift, they shall be paid at the rate of time and one-half for such shift. The twenty- four hour period described herein shall commence at the start of the employee's regularly scheduled shift. ARTICLE 14 - OVERTIME AND PREMIUM PAY 14.1 Definition All work under the following conditions shall be compensated at the rate of time-and-one-half: (a) For employees assigned to a 5-8 schedule, all work in excess of eight (8) hours on any work day, and all work performed on a regularly scheduled day off. (b) For employees assigned to a 4-10 schedule, all work in excess of ten (10) hours on any workday and all work performed on a regularly scheduled day off. (c) All work in excess of forty (40) hours in a work week. During shift rotation, only the daily overtime threshold (work over eight (8) or ten (10) hours in a day) of Article 14.1 will apply and overtime otherwise will be governed by Article 26, Section 26.3. All overtime pay shall be computed to the nearest one quarter (1/4) hour. Paid compensatory time off and all other paid time off, unless otherwise specified in this agreement, shall be counted as hours worked for purposes of determining overtime compensation. All non-paid time off shall not be counted as hours worked for purposes of determining overtime compensation. 14.2 Form of Compensation The employee may elect to be compensated for all overtime in cash, or he/she may elect to accrue compensatory time to the extent such is allowed by law, to a maximum accrued balance of forty (40) hours, with the remainder to be paid in cash. Compensatory time shall be scheduled and taken off in accordance with the Fair Labor Standards Act. Employees may contribute unused compensatory time to a bank which shall be maintained as an Association leave bank to be utilized by officers of the Association to conduct business. The Association leave bank may contain no more than 200 hours of accumulated leave at any one time, and shall be accessed only when authorized by the Association. Leave from this bank of time will be scheduled by mutual agreement.. 14.3 Callback Authorized court and call-back overtime shall be compensated at the below minimums: (a) On a Scheduled Work Day: Three (3) hours (either overtime pay or compensatory time at the rate of time and one-half, at the employee's choice, as provided in City of Tigard and TPOA - Expiration Date: June 30, 2006 7 Section 14.2), but this minimum shall not apply if the court or call-back assignment begins one (1) hour or less before the start or after the end of the employee's regular shift. (b) On a Scheduled Day Off. Four (4) hours (either overtime or compensatory time at the rate of time and one-half, at the employee's choice, as provided in Section 14.2), scheduled days off include scheduled leave days, provided the employee complies with current court notification procedures. As a condition of receipt of payment for the time involved, all witness fees, mileage allowances, and other remuneration paid for appearances in court proceedings under this Article shall be turned over to the City. An employee who is on court call-back remains on call-back until finally released for the day by the court. 14.4 Shift Differential Any member of the bargaining unit who has been employed at least six (6) months and who is required to work two (2) or more different shifts within a normal work week shall be compensated with two (2) hours of overtime for that week. This differential shall not apply when the above occurs as a result of mutual agreement between members of the bargaining unit for their own personal benefit. 14.5 No Pyramiding The City shall not be required to pay twice for the same hours. ARTICLE 15- HOLIDAY COMPENSATION In lieu of holidays off, each full-time employee shall be credited with eight (8) hours of holiday compensatory time or cash, at the option of the employee, for each month worked. If the employee elects to receive compensatory time, such time off shall be credited to his/her vacation/holiday account. Part-time employees shall receive a prorated compensatory time credit based upon the relationship their regularly scheduled work week bears to that of a full-time employee. Within 30 days of the dates specified herein, employees will be required to advise the City what portion of their holiday time is to be converted to their vacation/holiday account and/or paid monthly or on the dates specified below. If an employee elects to have a portion of their holiday hours paid, such payment shall be made on December 1 and/or June 1 of each year and shall not exceed 48 hours on either date. The City will provide employees with a selection form and each employee will be required to make a selection and return the form within the time period described in this section. City of Tigard and TPOA - Expiration Date: June 30, 2006 8 ARTICLE 16 - VACATIONS 16.1 Accrual Vacations shall accrue as follows: Years of Continuous Monthly Accrued Annual Hours Equivalent Accrual Service Rate Days 0-12 months/0-1 yr. 6 2/3 hours 80 10 13-60 months/1-5 yrs 8 hours 96 12 61-120 months/5-10 yrs 10 hours 120 15 121-180 mos/10-15 yrs 12 hours 144 18 180-240 months / 15-20 yrs 13 1/2 hours 162 20.25 Over 240 months / Over 20 s 16.0 hours 192 24 Notwithstanding the above specified rates of vacation accrual, no employee shall be allowed to accumulate vacation/holiday in excess of 280 hours. It shall be the responsibility of each employee to schedule sufficient vacation/holiday so that he/she is not denied accrual of additional vacation. If an employee is unable to take vacation due to the operational needs of the department, he/she may make arrangements with the Chief to exceed the maximum accrual specified above. Accrued vacation shall be credited as earned vacation for each month of service or pro rata for each fractional month of service, in accordance with the above schedule except that vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee completes the first six (6) months of continuous service. 16.2 Scheduling Vacation periods shall be scheduled at the mutual agreement of the City and the individual employee. Between April lst and 15th of each year, the City shall circulate within each classification and in order of seniority, with the most senior employee afforded the first selection, a vacation sign-up roster for the following twelve-month (12-month) period. Each employee shall be allowed to select one continuous vacation period (vacation/holiday and comp time included) from the portions of the year in which vacation is available. After the seniority vacation selection as provided for above, all additional vacation will be scheduled subject to the operational needs of the department on a first-come first- served basis. Once a vacation request has been approved, it shall not be canceled by the City unless due to circumstances beyond the control of the City. 16.3 Separation City of Tigard and TPOA - Expiration Date: June 30, 2006 9 All employees shall be entitled to payment for unused vacation/holiday and comp time upon separation from City service. In the event of death, the employee's heirs will be entitled to payment of such accrued time. 16.4 Bonus Employees, at their option, may elect to be paid up to forty (40) hours of accrued vacation in addition to vacation time taken when they take vacation leave totaling 40 hours paid time per fiscal year. ARTICLE 17- INSURANCE BENEFITS 17.1 Health, Dental and Vision Insurance Effective August 1, 2004, the City agrees to pay ninety percent (90%) of the premium cost for the current Blue Cross Plan V-A PPP medical insurance including the preventative care option, dental insurance and vision insurance for each employee and all enrolled dependents including domestic partners. The employee shall pay ten percent (10%) of the premium cost. Employees electing a different plan shall pay the difference between the amount set forth above and the cost of their selected plan. Effective upon the first available enrollment opportunity following the effective date of the arbitrator's decision, the City agrees to provide League of Oregon Cities' Blue Cross Plan V-C-PPP medical insurance ($300 individual, $900 family deductible) including the preventative care option and alternative care option, dental insurance and vision insurance or substantially equivalent coverage for each employee and all enrolled dependents including domestic partners. The City will pay ninety percent (90%) of the premium cost and the employee shall pay ten percent (10%) of the premium cost. Employees will have an option of electing Kaiser medical, vision and prescription coverage in lieu of coverage under Blue Cross Plan V-C-PPP and VSP Vision. For employees electing either of these plans the City will pay up to ninety percent (90%) of the Blue Cross coverage provided above and the employee will be responsible for any additional cost. 17.2 Life and Disability Insurance The City agrees to provide and maintain the current life and disability insurance plan or a substitute plan of the same service delivery type at substantially the same or a better benefit level at no cost to the employee. Effective on or before October 1, 1991, the City agrees to make optional life insurance available for employee purchase subject to the limits available to the City, maximum $500,000 coverage. 17.3 Physical Examinations and Capability Test The City may require each employee to take a physical examination, or it may choose to require such an examination only for sworn officers. Each employee who is required to take such an examination may choose to use his/her own physician, at the employee's expense, or to use a physician designated by the City, at the City's expense. The spirit of the physical examination and the annual physical capability test is for the welfare of the employee and is not intended to be punitive in any manner. The City of Tigard and TPOA - Expiration Date: June 30, 2006 10 physical examination will focus on specific health maintenance issues and early identification of potential job related health problems in the future. The report form will address only those health issues related to personnel in their specific working environment. Access to the report is limited to the City Administrator, Chief of Police, Personnel Director, and the named employee. 17.4 Retirement The City shall continue to participate in the Public Employees Retirement System for sworn officers employed by the City prior to August 28, 2003, and who are eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to section 2 of chapter 733 Oregon, Laws 2003. The City shall participate in the Oregon Public Service Retirement Plan for sworn officers employed by the City on or after August 28, 2003, who are not eligible to receive benefits under ORS chapter 238 for service with the City pursuant to section 2 of chapter 733, Oregon Laws 2003. On behalf of employees in the Public Employees Retirement System, the City will continue to "pick up" the employee contribution as the law requires. The parties acknowledge that various challenges have been filed that contest the lawfulness, including the constitutionality, of various aspects of PERS reform legislation enacted by the 2003 Legislative Assembly, including chapters 67 (BB 2003) and 68 (HB 2004) of Oregon Laws 2003. Nothing in this agreement shall constitute a waiver of any party's rights, claims or defenses with respect to the PERS litigation. On behalf of employees in the Oregon Public Service Retirement Plan, the City will pay an amount equal to six percent (6%) of the employee's monthly salary, not to be deducted from the salary, as the employee's contribution to the employee's account when the employee becomes a member of the Individual Account Program established by section 29 of chapter 733, Oregon Laws 2003. The employee's contributions paid by the City shall not be considered to be "salary" under section 1(16)(c) of chapter 733, Oregon Laws 2003, for the purposes of computing a member's "final average salary" under section 10 of chapter 733, Oregon Laws 2003, or "salary" for the purposes of determining the amount of employee contributions required to be contributed pursuant to section 32 of chapter 733, Oregon Laws 2003. All non-sworn employees will receive a vested benefit into the ICMA retirement program based on their actual account balances as of July 1, 1989 and the formula provided the City in the parties May 11, 1989 agreement. Effective July 1, 1989, the City will contribute 12% of salary as defined by ICMA into an ICMA 401A plan. Effective March 30, 1997, the City's contribution will be 11% and effective July 1, 1997, the City contribution will be 10%. 17.5 Liability The City shall continue liability protection at least equal to its level of insurance as of June 30, 1991. The City may choose to self-insure. 17.6 Plan Descriptions City of Tigard and TPOA - Expiration Date: June 30, 2006 11 The City will annually provide each employee with a list and description of those insurance plans which this contract enumerates and a list and description of those plans which are available as options to City employees. 17.7 Flexible Spending Account Effective January 1, 1992, subject to IRS approval, the City will make available the IRS Section 125 flexible spending account for child care and medical reimbursement purposes. Elder care will be added as an option as of January 1 following availability. ARTICLE 18 - SICK LEAVE 18.1 Purpose The purpose of sick leave is to allow continuation of pay while an employee recuperates from an illness or other approved reason causing absence as noted in Section 18.6. Sick leave is also intended to provide employees with the assurance of pay in order that they may be away from the job to avoid exposing others to illness. 18.2 Accrual System Employees shall be credited with eight (8) hours of accumulated sick leave for each full calendar month actively employed by the City. All regular employees and all probationary employees (after 30 days employment) are allowed sick leave for non- occupational disability. Sick leave may be accrued without a limit, except as provided for conversion to retirement. 18.3 Part-time Employees Sick leave benefits for regular part-time employees (twenty (20) hours per week or more) shall be granted on a prorated basis (hours per week divided by forty (40). 18.4 Utilization Accumulated sick leave shall be payable at the employee's regular straight-time rate in an amount equal to the time the employee would have worked, to a maximum of ten(10) hours per day. Employees may utilize their allowance for sick leave whenever they are unable to perform their work duties by reason of illness or non-occupational injury. 18.5 Notification In the event an employee is absent from work because of sickness or injury, the employee shall notify the supervisor, at least one (1) hour prior to the employee's scheduled start time, of the expected absence and the nature and expected length thereof. However, should an employee fail to call within the first hour of the regular work shift due to extreme illness, a physician's statement may be required by the supervisor and shall be paid for by the City when so required in the event the employee's health insurance does not cover the cost. 18.6 Family Use City of Tigard and TPOA - Expiration Date: June 30, 2006 12 ° Employees may use sick leave where there is an illness in their family which necessitates making arrangements for the ill relative. Members of the employee's family are defined as relatives and/or dependents domiciled in the employee's household. Variances to this policy are to be approved by the Chief of Police prior to authorization of sick leave. City of Tigard and TPOA - Expiration Date: June 30, 2006 13 18.7 Integration with Worker's Comp In the case of on-the-job injuries covered by Workers' Compensation, the City will provide to the employee an amount equal to the difference between the payments received for Workers' Compensation time-loss benefits and regular net salary. Whenever an employee receives a check for Workers' Compensation time-loss benefits, he/she shall report to the Finance Director of the City in writing the amount of the check and the period for which it represents payment. Sick leave will not be charged to the employee for injuries covered by Workers' Compensation or that are the result of on-the-job injury. 18.8 Retirement or Death (a) Sworn employees covered by PERS shall have 50% of their unused sick leave credited to their retirement as per guidelines of PERS. In the event of the employee's death, the employee's heir will receive a cash death benefit equal to one-half of unused sick leave accrual at the time of death. This death benefit will be inapplicable if any portion of unused sick leave is converted for retirement or survivor benefits. (b) All other employees who have completed 20 years of credited service or have reached their normal retirement date or have become disabled, shall have one-half (1/2) of their unused sick leave applied to their retirement benefit. This benefit can be a cash-out at the employee's regular straight-time rate or the time can be applied to enable the employee to retire early. In the event of the employee's death, his/her survivors would receive the cash benefit equal to one-half (1/2) of the value of the employee's unused sick leave. 18.9 Vacation Bonus An employee shall receive one extra vacation day for each twelve (12) consecutive months of non-use of sick leave from his/her most recent sick leave day. It shall be the responsibility of each employee to notify the department of his/her qualifications. 18.10 Appointment Leave Effective July 1, each employee shall receive sixteen (16) hours appointment leave to be used for medical or dental appointments. (Appointment leave will be non- accumulative.) 18.11 Family Medical Leave The City agrees to abide by the applicable provisions of state or federal law regarding family medical leave. City of Tigard and TPOA - Expiration Date: June 30, 2006 14 18.12 Sick Leave Donation An employee with a minimum of four hundred eighty (480) hours of unused sick leave may, on written notice to the City, donate sick leave time to another employee who has exhausted all sick leave and is in documented need of sick leave due to extended illness or injury. The donor's sick leave will first be converted to cash based on the donor's base salary and then converted to an appropriate amount of sick leave based on the donee's base salary. ARTICLE 19 - LEAVE OF ABSENCE WITH PAY 19.1 Compassionate Leave In the event of death or critical illness in the employee's family or of an individual of significant personal relationship to the employee, the Chief of Police shall grant needed time off with pay, not to exceed five (S) working days. For the purpose of this section, family shall be defined as: parents, parents-in-law, children, step-children, brothers, sisters and grandparents. For purposes of this provision, "critical illness" shall be defined as a life- threatening situation which reasonably requires the employee's presence. 19.2 Voting When an employee's work schedule is such that he/she would not be able to vote prior to or after his/her normally scheduled work hours, he/she shall be granted off duty time of up to two (2) hours to vote without loss of pay or accrued vacation. 19.3 Training (a) Training Information - The City shall provide the Association with information regarding law enforcement-related training opportunities as such information is received. The Association may submit recommendations for review by the Chief regarding the available training opportunities that it believes are of particular value or are lacking in value to the Department. (b) Mandatory Training - An employee may request assignment to a training activity or be so assigned upon the initiative of the Department. When an employee is assigned to attend a training activity, the following shall apply: 1. All receipted course registration fees, tuition, and other out-of-pocket expenses shall be reimbursed by the City. All textbooks and other literature received as a result of taking the training shall be the property of the City. 2. All mileage and per diem,shall be reimbursed in accordance with this agreement. 3. All time required for travel and course attendance shall be paid at the employee's regular or overtime rate, as applicable. (c) Voluntary Training - Training to which an employee is not specifically assigned pursuant to "b" above, shall be designated as voluntary training. Such training may City of Tigard and TPOA - Expiration Date: June 30, 2006 15 occur on paid or non-paid time or a combination thereof and may be with full, partial, or no reimbursement of expenses. At the time that a training request is approved, the Department shall specify whether the training is considered to be voluntary or assigned and, if voluntary, the specified expenses, if any, that the City will reimburse and the paid time, if any, that the City will grant. 19.4 Jury Duty (a) Employees shall be granted leave with pay for service upon a jury provided that the day to be served on jury duty is a scheduled work day. Should the employee's regular schedule be other than a day shift, the City shall reschedule the employee to a day shift for the duration of the employee's jury service. The City shall not incur any liability for adjusting the shift of the employee on jury duty or for adjusting any other employee's shift to comply with this Article. No more employees than reasonably necessary will be adjusted to fill in for the shift of the employee on jury duty. (b) The employee is required to seek all fees due him or her for such jury duty and turn said fees, excepting personal vehicle mileage, over to the City. Upon being excused from jury duty for any day, the employee shall immediately contact his supervisor for assignment of the remainder of his or her work day. (c) This Article shall only, apply to those work weeks of the member during which the member is serving on an impaneled jury or is required to report for juror selection. ARTICLE 20 - LEAVE WITHOUT PAY The City will consider a written application for leave of absence without pay, not to exceed one year, if the City finds there is reasonable justification to grant such leave and that the work of a department will not be jeopardized by the temporary absence of the employee. The City may terminate or cancel such leave by 30 days written notice mailed to the address given by the employee on his/her written application for such leave. Such leave may be denied if it is for the purpose of accepting employment outside the service of the City and notice that an employee has accepted permanent employment or entered into full time business or occupation may be accepted by the City as a resignation. Any employee who is granted a leave of absence without pay under this section and who for any reason fails to return to work at the expiration or termination of said leave of absence shall be considered as having resigned his/her position with the City and the position shall be declared vacant unless the employee, prior to the expiration of the leave of absence or prior to the termination date has furnished evidence that they are unable to work by reason of sickness, physical disability or other legitimate reasons beyond their control and seeks an extension of leave for such reason. Such a request for extension shall be in writing. An extension shall be granted only for a specified period of time and only if the City determines that the request is reasonable and justified and that the extension may be granted without jeopardizing the operation of the department. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 Process City of Tigard and TPOA - Expiration Date: June 30, 2006 16 To promote better relations, the parties agree to settle any disputes as to the meaning or interpretation of this contract by the following procedure: STEP 1: After first attempting to resolve the grievance informally, the Association or any employee with notice to the Association, may claim a breach of this Agreement in writing to the employee's immediate supervisor within fourteen (14) days from the occurrence thereof, or of the employee's knowledge thereof. The notice shall include: a) a statement of the grievance and relevant facts; b) provision of the contract violated; c) remedy sought. The supervisor shall respond to the grievance in writing within seven (7) days, with a copy to the Association. STEP 2: If after seven (7) days from the date of submission of the grievance to the supervisor the grievance remains unadjusted, the grievance may be submitted within seven (7) days to the Chief of Police. The Chief may meet with the aggrieved party, who may request an Association representative at the hearing. The Chief shall respond to the grievance in writing within seven (7) days with a copy to the Association. STEP 3: Tf after seven (7) days from the date of submission of the grievance to the Chief the grievance remains unadjusted, the grievance may be submitted within seven (7) days to the City Administrator, who shall meet with the aggrieved party and Association representatives and shall respond to the grievance in writing within fourteen (14) days with a copy to the Association. STEP 4: If the grievance is not resolved within fourteen (14) days from submission of the grievance to the City Administrator, it may be submitted within fourteen (14) days to an arbitrator. The arbitrator shall be selected by mutual agreement of the parties as follows: A list of eleven (11) Oregon/Washington arbitrators shall be requested from the Employment Relations Board who are members of the American Arbitration Association (AAA). If the parties cannot mutually agree to an arbitrator, they will by lot alternately strike one (1) name from the list until only one (1) is left. The one remaining shall be the arbitrator. The parties shall jointly request that the arbitrator render a decision in writing within thirty (30) days of the close of the hearing and receipt of briefs. The power of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement. The decision of the arbitrator shall be binding on both parties. The parties specifically agree that, in the event issues are submitted to arbitration (grievance or interest), the decision shall be strictly limited to those issues disputed by the parties. The costs of the arbitrator shall be borne by the losing party. Each party shall be responsible for the costs of presenting its own case to arbitration. City of Tigard and TPOA - Expiration Date: June 30, 2006 17 0 21.2 Time Limits . Any time limits specified in this grievance procedure may be waived by mutual consent of the parties. "Day" shall be defined as calendar day. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. Failure by the City to submit a reply within the specified time will constitute a denial of the grievance. A grievance may be terminated at any time upon receipt of a signed statement from the Association or the employee that the matter has been resolved. ARTICLE 22 - MILEAGE AND PER DIEM ALLOWANCE 22.1 Mileage Reimbursement Whenever an employee is authorized to use his/her personal vehicle in performance of official City duties, he/she shall be compensated at the standard IRS-allowed rate. 22.2 Expenses An employee traveling on authorized City business shall receive, in addition to his/her transportation and lodging expenses, a per diem allowance of $30.00 per day, or fraction thereof, actually spent on City business for each programmed day of a conference or meeting and for time spent in travel, except that per diem for travel shall not exceed one (1) day each way. The purpose of per diem is to cover ordinary expenses such as meals, refreshment, tips, etc. If upon return to work the employee justified to the satisfaction of the City Administrator that the per diem allowance was insufficient to cover reasonable actual costs, the per diem amount shall be adjusted accordingly by the City Administrator. Employees anticipating the need for per diem compensation shall so advise the City Administrator in advance of travel on forms provided by the City and receive advance authorization therefor. ARTICLE 23- CLOTHING AND UNIFORM 23.1 Uniform If an employee is required to wear a uniform, Such uniform shall be furnished by the City, and the City shall pay for initial tailoring. Any required leatherware and personal firearm is specifically excluded from this provision and shall be the responsibility of the employee to provide. The employee shall make restitution to the City for loss or damage to any City supplied uniform unless such loss or damage occurred in the line of duty and was not caused by negligence on the part of the employee. Proper maintenance of a required uniform is the responsibility of the employee; however, the City shall be responsible for replacement of body armor and OC spray in accordance with the manufacturer's recommendations.. 23.2 Clothing Allowance The City will provide a clothing allowance for employees while assigned to plain clothes duty at the rate of $50.00 per month. The provisions of this section shall apply to reimbursable expenses incurred in the fiscal year for reimbursement within the same fiscal year and shall apply only to sworn personnel who wear plain clothes seventy-five percent (75%) or more of duty time calculated monthly. City of Tigard and TPOA - Expiration Date: June 30, 2006 18 23.3 Property Reimbursement The City shall reimburse employees for personal property reasonably and necessarily worn or carded when such property is stolen, damaged, or destroyed as a direct result of the employee's performance of his/her official duties. Reimbursement shall not be granted if the negligence or wrongful conduct of the employee was a substantial contributing factor to the theft, damage, or destruction. 23.4 Cleaning The City shall provide every uniformed employee with one (1) cleaning per week of the required uniform, and the City shall provide cleaning for the duty jacket on a quarterly basis with a contracted cleaner as specified by the City. 23.5 Equipment Allowance The City will provide an allowance for personnel to purchase department- required and approved clothing or equipment. The equipment allowance will be in the amount of one hundred dollars ($100.00) per year, paid by separate check as of the first pay date following July 1 of each year, and will be for the purpose of reimbursing employees for the costs of equipment necessary for the performance of their job, including articles of clothing and footwear. ARTICLE 24 - SENIORITY 24.1 Definition Only regular full-time employees shall have seniority. Seniority shall be achieved following the completion of the probationary period as defined in Section 27.1 and shall thereafter be established as the employee's total unbroken service in the bargaining unit. Time spent in the armed forces on military leave of absence, authorized leaves with pay and time lost because of duty-connected disability shall be included in the employee's total unbroken length of service. If an employee is on an authorized leave without pay for a period in excess of fifteen (15) calendar days, such time in excess of fifteen (15) days shall not apply to seniority provided that the employee's seniority will not be considered broken or terminated by authorized leave in excess of fifteen (15) days. In cases where employees were hired on the same date, seniority order shall be determined by lot. Employees who are promoted to a position outside of the bargaining unit shall retain existing seniority but shall accrue no seniority during the time they work outside the unit. 24.2 Loss of Seniority Seniority shall be broken or terminated if an employee: (a) Quits; (b) Is discharged for just cause; (c) Is laid off and fails to respond to written notice as provided in Article 25; (d) Is laid off from work for any reason for twenty-four (24) months; (e) Fails to report to work at the termination of a leave of absence; (f) While on a leave of absence accepts employment without permission; (g) Is retired. City of Tigard and TPOA - Expiration Date: June 30, 2006 19 If an employee's seniority is broken and he is subsequently hired to work in the Police Department, his seniority shall run from his most recent date of hire within the bargaining unit. 24.3 Application Seniority shall apply by classification in the matter of layoff, recall, and shift and days off bidding, except that if an employee has been demoted, seniority shall include all time in the employee's present or higher classification within the bargaining unit. Seniority shall apply by total unbroken service in the bargaining unit for purposes of vacation scheduling under Section 16.2. 24.4 Seniority List The City will provide the Association with a seniority list on January 1 and July 1 each year and shall post the list in a conspicuous place available to all employees. ARTICLE 25 - LAYOFF AND RECALL In the event of layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee who is to be laid off shall be given a position, in a lower classification in the bargaining unit, providing the employee has greater seniority than the employee being bumped, and is qualified to perform the requirements of the job. An employee who is promoted out of the bargaining unit and into management shall retain his/her unit seniority and may bump back into the unit, if laid off, if the management employee has the greater seniority as a unit member. The employee shall bump the employee in the lower class with the least seniority with the department. A sworn employee may not bump a non-sworn employee unless the sworn employee previously held the non-sworn classification. Employees shall be called back from layoff according to seniority in the classification from which the employees were laid off within the department. No new employees shall be hired in any classification until all employees on layoff status in that classification have had an opportunity to return to work. An employee on layoff status shall accept or decline an opening within fifteen (15) days of notice of termination of layoff. If there is a shortfall of unencumbered general purpose money in the General Fund and it is necessary to lay off personnel within the bargaining unit, the City and the Association will meet and consult prior to the City finalizing and implementing its decision. ARTICLE 26 - SHIFT AND DAYS OFF BIDDING 26.1 Rotation All shifts shall be rotated each six (6) months on the first Sunday in January and July of each year. 26.2 Shift and Days Off Prior to regular shift rotation, eligible employees shall be entitled to submit written bids for shift assignments and days off from the slots made available by the Department. Employee bids for both shifts and days off shall be submitted in writing to a designated supervisor at least 30 days prior to the regularly scheduled rotation. Shift and days off bids shall be honored on the basis of seniority within the bargaining unit except as follows: City of Tigard and TPOA - Expiration Date: June 30, 2006 20 (a) Unless written permission is granted by the Chief or a designee, no employee shall be eligible to remain on the same shift more than 18 consecutive months. (b) Between regular shift rotations, the Chief or a designee may, for good cause and based upon a good faith analysis of operational and personnel needs of the Department, reassign employees to a different shift. Such good faith assignments shall not be grievable but employees shall receive at least two (2) weeks notice prior to such re-assignments, unless precluded by an emergency, and shall be afforded the opportunity to discuss the matter with the Chief. (c) Probationary employees shall not bid for shifts. 26.3 Overtime Waiver For the purpose of this article, the City shall not be obligated to pay overtime that arises as a result of shift rotation so long as the employee does not work more than 80 hours in a 14 day period or work more than five (5) consecutive days. 26.4 Adjustment of Schedules at Rotation During the week before and week of the shift rotation, the City may adjust schedules for the purpose of transitioning to the new shift, to prevent an employee from working more than five (5) days in a row. City of Tigard and TPOA - Expiration Date: June 30, 2006 21 ARTICLE 27- PROBATIONARY PERIOD 27.1 Definitions (a) For individuals who have less than 24 months satisfactory experience with a state, county, or municipal law enforcement agency, the probationary period shall be 18 months. (b) For individuals with at least 24 months satisfactory experience with a state, county, or municipal law enforcement agency, the probationary period shall be 12 months. (c) Non-sworn personnel shall be subject to a 12 month probationary period. Prior to completion of the probationary period, employees may be discharged at will and such discharge shall not be subject to the grievance procedure. 27.2 Promotional Probation All promotions shall be subject to a six (6) month promotional probationary period. Any employee who fails to complete the probationary period, including any employee who is promoted to a position outside the bargaining unit, shall have the right to be reinstated to the classification he/she held prior to being promoted. ARTICLE 28- DISCIPLINE AND DISCHARGE 28.1 Definition Disciplinary action or measures for violations of rules or regulations shall include only the following: oral reprimand, written reprimand, demotion, suspension, reduction in pay, other monetary assessment or discharge. Notice of suspension or discharge will be given in writing. Employees are subject to discipline or discharge for just cause. 28.2 Process If the City has reason to discipline an employee, the employee shall have the right to be represented by an Association representative during such procedure. If the City has reason to discipline an employee, it will take all reasonable measures to assure against embarrassment of the employee before other employees or the public. 28.3 Association Representation In the event of any interview which may reasonably lead to disciplinary action, the affected employee shall have the right to be assisted by an Association representative during such procedures. The parties mutually agree to the "Internal Investigation Procedures" attached hereto as Addendum D and incorporated herein. ARTICLE 29 - PERSONNEL FILE No material in any form which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in the employee's personnel files unless he/she has been allowed to read such material. City of Tigard and TPOA - Expiration Date: June 30, 2006 22 Any employee upon his/her request shall have access to his/her personnel files and shall have the right of reproduction of his personnel files in full or in part. No portion of an employee's files shall be transmitted without the explicit consent and request of the employee, other than to those authorized within the Tigard Police Department, the City Administrator or his/her staff, or a court of competent jurisdiction. The official personnel file shall be maintained in the Personnel Division. ARTICLE 30 - WAGES 30.1 Salary Schedules Effective July 1, 2004, increase wages across the board by the amount of 2.2%. Effective July 1, 2005, increase wages across the board by the amount of the increase in the CPI-W, West Index (annual average) minimum 2.5 percent, maximum 5 percent. Each employee shall be paid at one of the steps in the range prescribed for his/her classification. Normally, an employee will be appointed or reinstated at the first step of the range established for his/her classification. The Chief may make an appointment or reinstatement above the first step. 30.2 Schedule Movement A new employee or promoted employee is eligible for consideration for advancement to the next step of the salary range for his/her classification at the beginning of the next pay period following completion of the equivalent of six (6) months of service. Advancement of employees to higher pay steps shall not be automatic, but may be made to the next pay step in the employee's classification, effective on the first day of the next pay period following the completion of each 12 months of satisfactory work performance. Such advancement shall be subject to a written employee evaluation by the department head to the City Administrator certifying that the employee had been making normal improvement in the ability to carry out his/her job assignment. Advancement may be withheld or postponed in the event the employee is not performing his or her job assignment satisfactorily. 30.3 Promotions Upon promotion, corporals and sergeants will move to the next highest step, minimum 5% pay increase, computed on the basis of the base rate of pay exclusive of premium, special assignment, or incentive/longevity pay. 30.4 Demotion Unless a lesser sanction is provided by the City Administrator, an employee voluntarily demoted or demoted as a result of a disciplinary action shall be paid at the same step of the lower range as he/she occupied before being promoted, with consideration of length of service of the employee in the higher range. A demoted employee shall retain the same salary increase date. City of Tigard and TPOA - Expiration Date: June 30, 2006 23 30.5 Salary Range Changes When a range is changed, the employee's pay is based upon the same step of the new range as in the old. Such changes shall not alter the employee's eligibility for salary increases. 30.6 Pay Periods The City shall pay employees once every two weeks. ARTICLE 31 - EDUCATION INCENTIVE/LONGEVITY MERIT INCENTIVE 31.1 Certification/Education Certification pay increments will begin as of the date of issuance shown on the certification. Educational achievement pay increments will begin as of the date of written notice to the City of a degree or equivalent hours. Members of the bargaining unit shall be eligible for educational and training incentive increments to be applied to their current salary after meeting the following requirements: (a) Completion of probation. (b) Accrual of the necessary education and training points for the intermediate or advanced certificate as set forth by Addendum E. Incentive premiums and education requirements are as follows: City of Tigard and TPOA - Expiration Date: June 30, 2006 24 Sworn Personnel Premium BPST Certification Educational Achievement 2.5% a. Intermediate b. A.A./A.S. or equiv. Hours 5% a. Intermediate A.A./A.S. or equiv. Hours b. Advanced 7.5% a. Advanced A.A./A.S. or equiv. hours See Addendum E, Sworn Personnel certification Standards. 31.2 Longevity Longevity merit incentive shall be paid in accordance with the following schedule only to those employees with five (5) or more years of service with the City on or before ratification of this Agreement, who elect to be grandfathered into the longevity premium program in lieu of eligibility for advancement to a sixth (6`) step at five percent (5%) above Step 5. The one-time election must be made by an eligible employee during the window period established by the City following ratification of this Agreement: 2% after 5 years 3% after 6 years 4% after 7 years 5% after 8 years 6% after 9 years 7.5% after 10 years 10% after 15 years Employees with less than five (5) years of service with the City on or before ratification of this Agreement, will not be eligible for longevity under this section, but will be eligible for advancement to Step 6 consistent with Article 30, Section 2 governing schedule movement. The above percentages shall be applied to the individual employee's base salary but not to exceed a maximum of the top step of the police officer classification salary. These percentages shall be applied to the base pay step, not including educational incentive pay to previous longevity increases (i.e., shall not be compounded). 31.3 Special Assignment Pay Effective July 1, 2001, recognizing the right of the City to transfer and assign as determined by the Chief, special assignment pay will be paid per an employee's current assignment as follows: City of Tigard and TPOA - Expiration Date: June 30, 2006 25 Motorcycle' 5% K-9' 5% Detectives 3-5% Narcotics 3-5% TNT 3-5% SRO 3-5% Except in the case of Motorcycle and K-9 assignments, employees will receive 3% for the first year in any assignment and will be eligible for an increase to 5% after serving in the assignment for one year. 31.4 Bilingual Incentive An employee shall be eligible to receive a $50/month Spanish language premium if they provide the City with proof on an annual basis that they meet standards acceptable to the City. 31.5 Standby Any employee required to be on standby will be compensated one dollar ($1.00) for every hour so acting. ARTICLE 32 - SAVINGS CLAUSE If any article or section of this Agreement or any amendment thereto should be held invalid by operation of the law, or by any lawful tribunal having jurisdiction or if compliance with or enforcement of any article or section should be restricted by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. The parties agree that the labor I Canine Handler and Motor Cycle Officer activities shall be conducted on-duty. Acceptance of the assignment is based upon willingness to care for the animal or the motorcycle off-duty. Employees who serve as Canine Handlers or Motorcycle Officers shall receive a pay differential of five percent (5%) of their base salary while serving in that capacity, and shall not receive overtime wages for off-duty care of the animal or motorcycle. The parties intend to compensate for any off-duty care, cleaning, fueling, feeding or grooming at the overtime rate computed based upon the FLSA or Oregon minimum wage (whichever is greater). The five percent (5%) differential compensates for approximately 45 minutes per day. The parties agree that not more than 45 minutes per day is required for off-duty care of the motorcycle or animal. This agreement is based in part upon the Letter Ruling of September 25, 1985, of the Deputy Administrator, Wage and Hour Division, United States Department of Labor. The parties agree that commuting to work with the motorcycle or the dog does not constitute "hours of work" solely because of being on the bike or because the dog is in the vehicle. Motorcycle Officers and Canine Handlers shall not be entitled to a call back premium when duty concerns maintenance of the motorcycle or emergency care of their animal. Such time shall be treated as overtime. City of Tigard and TPOA - Expiration Date: June 30, 2006 26 agreement will not serve to restrict the City's obligation to comply with the federal and state law concerning its duty to accommodate individuals with disabilities. ARTICLE 33 - TERMINATION This contract shall be effective as of the date of its signing by both parties or as otherwise specified herein and shall remain in full force and effect until June 30, 2006. The parties agree to commence negotiations on or before January 5, 2006, for a successor Agreement. This contract shall remain in full force and effect during -the period of negotiations. The parties agree to administer this contract and negotiate for a successor agreement in accordance with ORS 243.650, et. seq., the Oregon Public Employee Collective Bargaining Law. Signed this _ day of 64,,l , 2005. CITY OF TIGARD, OREGON TIGARD POLICE OFFICERS' ASSOCIATION City Maner - TPOA Vident Date: Date: b3 0~ - aS City of Tigard and TPOA - Expiration Date: June 30, 2006 27 ADDENDUM A CITY OF TIGARD, OREGON TFOA GROUP.'" SALARY SCHEDULE 7/1/04 7/1/05 Range Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 450 Records Specialist Monthly 2,571 2,700 2,836 2,978 3,125 3,281 Detective Secretary Hourly 14.83 15.58 16.36 17.18 18.03 18.93 Annually 30,852 32,400 34,032 35,736 37,500 39,372 454 Property Evidence Clerk Monthly 2,846 2,987 3,138 3,296 3,460 3,633 Senior Records Clerk Hourly 16.42 17.23 18.10 19.02 19.96 20.96 Community Service Atuiually 34,152 35,844 37,656 39,552 41,520 43,596 Officer 350 Police Officer Monthly 3,555 3,648 3,839 4,039 4,254 4,466 Hourly 20.51 21.05 22.15 23.30 24.54 25.77 Annually 42,660 43,776 46,068 48,468 512048 53,592 City of Tigard and TPOA - Expiration Date: June 30, 2006 28 ADDENDUM B Any request for information by the Tigard Police Officers Association shall be addressed to the City's Human Resources Director in writing. The request shall state specifically the information being sought and a statement as to why the Association believes it is entitled to such information. The City shall within thirty (30) days either provide the information requested or object to providing the information. Objections shall be in writing addressed to the Association President and shall state specifically either why the City believes it is not obligated to provide the information or what additional information the City believes it needs to assess whether it should provide the information. Failure to object to the request within thirty (30) days constitutes a waiver by the City of its right to claim it is not obligated to provide the information. The Association has fifteen (15) days from the date of any objection to provide further clarification or restate its request. Failure of the Association to respond within fifteen (15) days constitutes a waiver of its right to claim it is entitled to the information. The City has fifteen (15) days from the date of any clarification or restatement of the request to provide the information. If the City fails to provide the information at the end of this period, the Association may seek recourse with the Employment Relations Board. City of Tigard and TPOA - Expiration Date: June 30, 2006 29 ADDENDUM C For purposes of determining whether training is mandatory for purposes of Article 19, Section 3(b), the following guidelines will apply: Training necessary to certify an employee to perform their specific job duties and functions, keep an employee certified to perform their job duties and functions, or required of an employee by the Department to perform their job duties and functions shall be considered assigned mandatory training. The following are examples regarding the interpretation of this language: An employee wants to go to a school to be certified but is not assigned by the Department and the training is not required for their current assignment, not mandatory. An employee is assigned as a firearms training officer and needs to get certified as a firearms instructor before he/she can fulfill their job duties and functions as an instructor, mandatory. A motor officer goes to training and is certified. He/she requests to go to the Annual Motor Training Conference as mandatory training, not mandatory. City of Tigard and TPOA - Expiration Date: June 30, 2006 30 ADDENDUM D INTERNAL INVESTIGATION PROCEDURES A. Advance Notice. Prior to any internal investigation which could result in suspension or discharge, the employee concerned shall be notified not less than twenty-four (24) hours before the interview or such time as written reports are required, except when, in the opinion of the City, a delay will jeopardize the success of the investigation or when criminal conduct is at issue. An employee may voluntarily waive the above twenty-four hour (24-hour) notice. The notice shall include the specific reasons for the interview, a statement of whether the employee is a witness or a suspect, and any other information necessary to reasonably inform him/her of the nature of the investigation. The employee shall be notified of the right to and afforded an opportunity and facilities, subject only to scheduling limitation, to contact and consult privately with an attorney and/or a representative of the Association, and to have that representative and/or attorney present at any interview. B. The Interview 1. Interview shall be conducted in the Department Office unless mutual agreement of the parties or the particular circumstances of the situation require another location. 2. Any interview of an employee normally shall be when he/she is on duty, unless the serious nature of the investigation dictates otherwise. 3. Parties to the interview shall be limited to those reasonably necessary to conduct a thorough and fair investigation. The employee shall be informed as to the name, rank and command, or other similar information of all persons present, if they are unknown to him/her, and may have an Association or other representative present to witness the interview and assist him/her. 4. The interview shall be limited in scope to acts, events, circumstances and conduct which pertain to the subject investigation and shall be conducted in a manner devoid of intimidation or coercion. The employee shall be granted reasonable rest periods, ,with one (1) intermission every hour if so requested. Interviews exceeding two (2) hours shall he continued only by mutual consent. 5. If the interview is recorded, the employee shall be provided with a copy of the recording upon request, or he/she may record the interview himself/herself at his/her own expense, and the City shall be provided with a copy. If any portion of the recording is transcribed, the employee shall be given a copy. Interview proceedings shall be kept strictly confidential by all concerned. City of Tigard and TPOA - Expiration Date: June 30, 2006 31 C. Investigation Findings: 1. When the investigation results in charges of violation of department policy being filed, the employee, upon request, shall be given a copy of the investigation, including all material facts of the matter. 2. When the investigation results in discharge or suspension, the employee shall be notified immediately of the nature of the action to be taken, the reasons therefor, and the effective date of such action. Copies of the notice and summary report of the investigation shall be placed in the employee's personnel file and made available for his/her inspection. 3. An employee may protest any suspension or discharge through the regular contract grievance procedure. City of Tigard and TPOA - Expiration Date: June 30, 2006 32 ADDENDUM E SWORN PERSONNEL INTERMEDIATE CERTIFICATION Minimum 8 yrs 7 yrs 6 yrs 5 yrs. 4 yrs 3 yrs 2 yrs Years of Experience Minimum 15 23 30 38 45 BPST BPST Training (300 (460 hrs.) (600 hrs.) 760 hrs.) 900 hrs.) Basic Basic Points, hrs.) Course Course Including BPST Basic Course (Equivalent hours in parentheses) Minimum 15 23 30 38 45 Assoc. Bach. Education Degree Degree Points ADVANCED CERTIFICATION Minimum 12 11 10 9 8 9 6 4 Years of Experience Training 30 35 40 45 60 BPST BPST BPST Points, (600 (700 hrs.) (800 hrs.) (900 hrs.) (1200 Basic Basic Basic Including hrs.) hrs.) Course Course Course BPST Basic Course (Equivalent hours in parentheses) Minimum 30 35 40 45 60 Assoc. Bach. Mast. Education Degree Degree Degree Points City of Tigard and TPOA - Expiration Date: June 30, 2006 33 c ADDENDUM F SIDE LETTER Effective with the pay period commencing March 30, 1997, the City agrees to increase the salary of each sworn officer and each step of the current salary schedule by six percent (6%). From that time forward, the TPOA agrees that sworn officers shall contribute six percent (6%) of salary to PERS. The City shall withhold from the salary of swom officers the employee's PERS contribution, with other required withholdings, and shall pay the amount withheld for PERS to PERS in lieu of payment to PERS by the employee. Sworn officers shall have no option to receive the amount withheld and contribute directly instead of having it paid by the City to PERS. For the limited purposes of Internal Revenue Code Section 414(h)(2) and related tax statutes, the employee's contribution to PERS will be picked up by the City as a pre-tax contribution as the term "picks up" is used in the Internal Revenue Code. This change is not applicable to any employee until they become eligible and qualified for membership in PERS. Effective January 1, 2002, this provision will no longer be in effect and the City will begin paying the employee six percent (6%) pickup in lieu of a wage increase on July 1, 2001, in accord with Article 17, Section 6 and Article 30, Section 1. City of Tigard and TPOA - Expiration Date: June 30, 2006 34 Agenda Item No. 3.4 For Agenda of March 8, 2005 Item 3.4 Approve Tigard Police Officers Association (TPOA) Addendum G Side Letter Creating a New and Additional Special Assignment Pay to the City of Tigard TPOA Bargaining Unit Packet Material will be submitted to Council in the Friday mail, March 4, 2005. AGENDA ITEM # 3 ' f `I FOR AGENDA OF 03/08/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tigard Police Officers Association (TPOA) Addendum G Side Letter Creating a New and Additional Special Assignment Pay to the City of Tigard TPOA Bargaining Agreement PREPARED BY: Chief Bill Dickinson DEPT HEAD OK 1l *A CITY MGR OK r ISSUE BEFORE THE COUNCIL Should the City Council approve and authorize the City Manager to sign the side letter, Addendum G, that will have the effect of creating a new and additional Special Assignment to the TPOA/City of Tigard collective bargaining agreement. STAFF RECOMMENDATION Staff recommends approving the side letter. INFORMATION SUMMARY The officer assigned to work with the Interagency Gang Enforcement Team (IGET) works on behalf of Tigard Police Department in this special assignment to address regional gang crimes, with the goals of reducing and preventing gang activity, and arresting criminals engaged in gang crimes. When this position was originally assigned, it was filled as a Detective position and received 5% incentive pay. However, since then it has been moved to a patrol position, as it is does not require a detective. It is a uniformed position and the officer drives a marked patrol vehicle. As a result of the transfer from Detectives (Division 1130) to Patrol (Division 1120), TPOA filed a grievance which was resolved at Step III. Through bargaining, the City has agreed to 2.5% special assignment pay for the IGET special assignment in recognition and consideration of the more directed patrol mission, the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility. The IGET position has a regular work schedule as defined in article 13.2 (a) and (b). It is agreed that the hours worked by the IGET officer may be flexed. Articles 13.6 (Work Schedules) and 14.4 (Shift Differential) are not applicable to the position when flexed pursuant to this section. The hours worked will not be flexed for mandatory training, court appearances, avoidance of safety release, or avoidance of overtime thresholds. At the time of the next contract negotiation, if there is agreement between both parties, the content of this side letter will be merged into contract article 31.3, and at that time this Addendum will be removed from the collective bargaining agreement. OTHER ALTERNATIVES CONSIDERED V Do not authorize Addendum G side letter. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST Attachment A: Addendum G Side Letter FISCAL NOTES This negotiated item will cost the City approximately $1200 - $1311 annually, depending on the salary level of the officer who has this position. Addendum G Side letter This side letter will have the effect of creating a new and additional Special Assignment Pay to the T.P.O.A./City of Tigard Co)lective Bargaining Agreement. Effective January 1, 2005, recognizing the right of the City to transfer and assign as determined by the Chief, special assignment pay will be paid per an employee's current assignment as follows: IGET (Interagency Gang Enforcement Team)2 2.5% No pyramiding: The City shall not be required to pay multiple special assignment pays. In the event an Officer applies and is selected for concurrent special assignments, the Officer shall receive the special assignment pay of higher value. z The IGET special assignment pay is in recognition and consideration of the more directed patrol mission, the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility. The IGET position has a regular work schedule as defined in article 13.2 (a) and (b). It is agreed that the hours worked by the IGET officer may be flexed. Articles 13.6 (Work Schedules) and 14.4 (Shift Differential) are not applicable to the position when flexed pursuant to this section. The hours worked will not be flexed for the following reasons: • Mandatory training • Court appearances • The avoidance of Safety Release as defined in article 13.7 • The avoidance of overtime thresholds as defined in articles 14.1 and 14.3 If both parties continue to agree at the time of the next contract negotiation, the content of this side letter will be merged into contract article 31.3 at which time this Addendum G will be removed from the collective bargaining agreement. Glen Scruggs, President, ' Craig Prosser, Interim City Manager, Tigard Police Officer's Association City of Tigard Date Date 6411 City Council Document Transmittal CITY OF TIGARD To: L-j. `2>p Ij~ o w OREGON JC~I'1~ From: Ca -L" -kAD ~N,2 Q:±", Date: -3. i o . ~s I'm sending you: Document Type: ❑ IGA ❑ Contract 'Other S -,~--P- L- e tu-A- - T-00-4 Document Name: 0dcl- Co - S► c~ ~e Approved at the Council Meeting of: 3 - - c~ Number Copies Included: ;l~~.QS !Your document(s) have been signed by the Mayor IVYour document(s) have been signed by the City Manager [our document(s) requires an additional signatur..e(.s. 04hen all signatures have been obtaine file an original document with City of Tigard Records ❑ Additional instructions: I:WDM\FORMSICITY COUNCIL DOCUMENT TRANSMITTAL.DOC Addendum G Side letter This side letter will have the effect of creating a new and additional Special Assignment Pay to the T.P.O.A./City of Tigard Collective Bargaining Agreement. Effective January 1, 2005, recognizing the right of the City to transfer and assign as determined by the Chief, special assignment pay will be paid per an employee's current assignment as follows: IGET (Interagency Gang Enforcement Team)Z 2.5% No pyramiding: The City shall not be required to pay multiple special assignment pays. In the event an Officer applies and is selected for concurrent special assignments, the Officer shall receive the special assignment pay of higher value. z The IGET special assignment pay is in recognition and consideration of the more directed patrol mission, the greater likelihood of becoming involved in more complex investigations and the need to address mission schedule flexibility. The IGET position has a regular work schedule as defined in article 13.2 (a) and (b). It is agreed that the hours worked by the IGET officer may be flexed. Articles 13.6 (Work Schedules) and 14.4 (Shift Differential) are not applicable to the position when flexed pursuant to this section. The hours worked will not be flexed for the following reasons: • Mandatory training • Court appearances • The avoidance of Safety Release as defined in article 13.7 • The avoidance of overtime thresholds as defined in articles 14.1 and 14.3 If both parties continue to agree at the time of the next contract negotiation, the content of this side letter will be merged into contract article 31.3 at which time this Addendum G will be removed from the collective bargaining agreement. Glen Scruggs, President, Craig Prosser, Interim City Manager, Tigard Police Officer's Association City of Tigard W 3h,/0,) Date Date .AGENDA ITEM # 3.5 FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #10 to the FY 2004-05 Budget to Increase Appropriations for Funding of the Tigard Police Officer Association TPOA Labor Agreement. PREPARED BY: Michelle Wareing DEPT HEAD OK !1~- CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council approve Budget Amendment #10 to the FY 2004-05 Adopted Budget to implement the TPOA compensation adjustments? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment # 10. INFORMATION SUMMARY The City Council will be approving the new labor contract with TPOA on March 8, 2005. The new labor contract is retroactive to July 1, 2004. The new labor agreement includes a cost-of-living adjustment and insurance package adjustment. When the FY 2004-05 Budget was adopted by the City Council in early June 2004, the new labor agreement with TPOA had not been finalized or approved by either the union or the Council. Therefore, the budget does not include appropriations for these adjustments. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with Exhibit A FISCAL NOTES This action will transfer $237,708 from the General Fund Contingency to the Police Department budget, Community Services Program, for the funding of the labor agreement adjustments. AGENDA ITEM # 3. (0 FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #11 to the FY 2004-05 Budget to Increase Appropriations for Funding the City Manager Separation Agreement. PREPARED BY: Michelle Wareing DEPT HEAD OK 4- CITY MGR OK ISSUE BEFORE THE COUN IL Should the City Council approve Budget Amendment #11 to the FY 2004-05 Adopted Budget to create appropriations to fund the City Manager's separation agreement? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment # 11. INFORMATION SUMMARY In January 2005, the City Manager separated from the City of Tigard. The City Manager's employment contract included certain compensation separation terms. The final terms of the separation agreement were approved by the City Council on February 8, 2005. Therefore, the FY 2004-05 Adopted Budget does not include appropriations for these costs. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with Exhibit A FISCAL NOTES This action will transfer $92,074 from the Central Services Contingency to the City Management budget, Policy & Administration Program, for the funding of the City Manager separation agreement that will be incurred in FY 2004-05. The remaining costs that will be incurred in FY 2005-06 will be budgeted for in the FY 2005-06 budget. AGENDA ITEM # 3 FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Intergovernmental Agreement IGA) between Washington Coun and the Ci of Tigard for Administration of Urban Area Security Initiative (UASI Grant Program. PREPARED BY: Dennis Dirren DEPT HEAD OK AA-WO CITY MGR OK 01 ISSUE BEFORE THE COUNCIL Should the City Council approve and authorize the City Manager to sign the IGA between Washington County and the City of Tigard in order to allow the coordination of activities related to the administration of the UASI grant? STAFF RECOMMENDATION Staff recommends approval of the IGA with Washington County. INFORMATION SUMMARY The federal government makes Homeland Security grants to urban areas. For the Portland Metro area, The City of Portland has taken the pivotal lead in applying for this UASI (Urban Area Security Initiative) grant which covers several cities and counties in this region. Washington County is sub-coordinating all cities within Washington County which will then be incorporated by Portland in the larger UASI grant application. In order for Tigard to participate in the UASI grant process, we must enter into an IGA with Washington County, who in turn has an IGA with the City of Portland. We do not know what, if any, grant funds might be awarded to Tigard, but we must have this IGA in place in order to receive any potential funding through the Federal UASI Grant process. This agenda bill would authorize the City Manager to sign the IGA with Washington County so that we can pursue any funding which may become available from the federal government. This IGA between Washington County and the City of Tigard provides for the coordination of activities related to the purchase of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative (UASI) grant program. The City of Portland is the Grant Administrator and is required to oversee and coordinate the expenditure of the UASI grant funds. The City of Portland entered into agreements with the urban area counties to secure their commitment to follow the city-developed procurement, delivery, reimbursement, and reporting procedures, to ensure their compliance with all terms of the UASI grants, and to obligate them to coordinate with and obtain similar assurances (IGAs) from directly benefiting jurisdictions within the respective counties. When Washington County entered into an IGA with the City of Portland on September 1, 2004, the County accepted responsibility for coordinating the UASI grant processes within the County. Per the above requirements, Washington County is now requesting this IGA to be approved by the City of Tigard to allow purchasing and reimbursement processes to follow the City of Portland's grant requirements outlined in the attached IGA. This IGA does not involve approval of funding or acceptance of the award. For 2005, the City of Tigard (Police Department) has requested grant funding via the UASI process; however, no awards have been made at this time, and the application has yet to be finalized and submitted by the City of Portland. The City of Tigard does not apply for this grant. The process involves requests to be made according to the grant guidelines, and subsequently the City of Portland will apply on behalf of Tigard and all other participating regional agencies. If and when funding is awarded to the City of Tigard, a budget amendment will be applied for per City of Tigard grant policy. OTHER ALTERNATIVES CONSIDERED Do not to approve IGA. If the IGA is not approved, the City will not be able to receive any funds which may be allocated to Tigard by the UASI grant. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Public Safety Goal #3, Strategy 2 states: Coordinate Tigard emergency response providers. Tigard Police Mission, Vision, & Goals Statement - partnering with citizens and other departments. ATTACHMENT LIST Attachment A: Copy of the IGA FISCAL NOTES This agreement allows Washington County to process UASI grant documents with the City of Portland on behalf of the City of Tigard. There is no cost involved. ATTACHMENT A INTERGOVERNMENTAL AGREEMENT Between WASHINGTON COUNTY, OREGON and THE CITY OF TIGARD, OREGON THIS IS an intergovernmental (IGA) between Washington County (County) and the city of Tigard (Agency) entered into pursuant to the authority granted in ORS Chapter 190 for the coordination of activities related to the purchase of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative (UASI) grant program. Recitals WHEREAS, the United States Department of Homeland Security, Office for Domestic Preparedness, provided UASI grant funding in the amount of $6,764,956 in Fiscal Year 2003 and $8,112,992 in Fiscal Year 2004 to the state of Oregon for distribution to the Portland, Oregon Urban Area to address the area's unique equipment, training, planning, and exercise needs and to assist the area in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the state of Oregon awarded UASI Grant # 03-071 to the city of Portland, Office of Emergency Management (POEM), as Grantee, for Fiscal Year 2003 in the amount of $6,764,956, a copy of which is attached to this Agreement and incorporated herein as Exhibit A; and WHEREAS, the state of Oregon awarded UASI Grant #04-071 to the city of Portland, Office of Emergency Management (POEM), as Grantee, for Fiscal Year 2004 in the amount of $8,112,992, a copy of which is attached to this Agreement and incorporated herein as Exhibit B; and WHEREAS, UASI Grants #03-071 and #04-071 are intended to increase the ability of the Portland, Oregon Urban Area, which includes jurisdictions in Multnomah, Clackamas, Columbia and Washington counties in Oregon and Clark County in Washington, to prevent, respond to, and recover from chemical, biological, radiological, nuclear and explosive (CBRNE) events; and WHEREAS, after extensive, coordinated discussions between state and urban area officials, a list of equipment, supplies, professional services, and training to be purchased for or by jurisdictions in the urban area has been developed; and 1 WHEREAS, the city of Portland, 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, the city of Portland, as Grant Administrator, is required to make periodic reports to the state of Oregon 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 urban area jurisdictions that receive direct benefit from UASI grant purchases are required to comply with all terms of the UASI grants including, but not limited to, obligations regarding access to records and supplanting of funds; and WHEREAS, the city of Portland entered into agreements with the urban area counties to secure their commitment to follow the city-developed procurement, delivery, reimbursement, and reporting procedures, to ensure their compliance with all terms of the UASI grants, and to obligate them to coordinate with and obtain similar assurances from directly benefiting jurisdictions within the respective counties; and WHEREAS, the County entered into an agreement with the city of Portland on September 1, 2004 and accepted responsibility for coordinating the UASI grant processes within the County. NOW, THEREFORE, the Parties agree as follows: 1. The County agrees: To coordinate grant-related procurement, reimbursement, and reporting activities with directly benefiting jurisdictions in the County consistent with the processes developed by the city of Portland to manage those activities. 2. The Agency agrees: a) That it has read the award conditions and certifications for grants #03-071 and #04-071, 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 the purchasing and reimbursement processes required by the grants, this Agreement, and the city of Portland; 2 C) To appropriately use and conserve all UASI funded equipment, supplies and/or materials provided for CBRNE incident prevention, preparedness, response, and recovery; d) That all equipment, supplies, and services provided by the city of Portland to the Agency are as described in the approved grant budget documents, which the Agency has seen. e) To treat all single items of equipment valued over $5,000 as fixed assets and to provide the city of Portland with a list of such equipment showing dates of purchase, equipment description, serial numbers, and locations where the equipment is housed or stored. f) That any request or invoice it submits for reimbursement of costs for Agency staff training is consistent with the training identified in the approved grant budget documents, which the Agency has seen. g) That the Agency understands and accepts full financial responsibility and may not be reimbursed for costs incurred for training which has not been approved by the state and the U.S. Department of Homeland Security, Office for Domestic. Preparedness, even though that training may appear on the approved grant budget documents. h) That the Agency will not deviate from the items listed in the approved grant budget documents without first securing written authority from the city of Portland. i) That any public statement by the Agency referring to the receipt of UASI funded equipment, supplies, services, or training shall indicate that the funds for the purchase came from the U.S. Department of Homeland Security, Office for Domestic Preparedness, Urban Area Security Initiative grant program and the percent or dollar amount of federal funds used in the purchase. j) To maintain and retain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of Comptroller set forth in the May 2002 Office of Justice Program (OJP) Financial Guide, including without limitation in accordance with the Office of Management and Budget (OMB) Circulars 87, A-102, A-122, A-128, A-133. [All of these documents are to be retained for a minimum of six years after the contract has been awarded and available for review, upon request, to federal, state, and city of Portland employees or their agents or officers. Review may occur at any time, even after six years, if the records are still available.] 3 k) To obtain copies of all federal regulations with which the Agency must comply. 1) Not to supplant its local funds with federal and to, instead, use the federal funds to increase the amount of funds that, in the absence of federal aid, would be made available to the Agency to fund programs within the Urban Area Security Initiative grant program guidelines. m) To list the city of Portland as a party to be held harmless and, subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, indemnified by the Agency and any contractor or subcontractor thereof, for any injury to person or property arising out of the equipment, supplies, or services provided under this Agreement, and as a party to whom a listed duty is due. 3. Effective Date and Duration. This Agreement shall be effective from the date both parties have signed and shall continue in effect until all mutual covenants expressed herein have been fully satisfied or until the Agreement is terminated due to the failure of one of the parties hereto to perform. 4. Amendment. This Agreement may be amended by written agreement of both parties but must remain consistent with the requirements of the Urban Area Security Initiative program, the UASI grants from the state to 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 Agency's failure or inability to comply with the provisions of the grants or the Agreement, the Agency 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 Agency, and of 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 contract 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 that arises from or relates to this contract 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. 4 7. Counterparts. This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. 8. Survival. The terms, conditions, representations and all warranties in this contract shall survive the termination or expiration of this contract. 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 contract. 10. Indemnification. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, the Agency shall hold harmless, indemnify and defend the County, its commissioners, employees and agents from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorneys fees arising out of or resulting from agency's performance of or failure to perform the obligations of this contract. 11. Third Party Beneficiaries. The County and the Agency are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract 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-03 and FY-04 UASI program grants and that it is the entire agreement between them relative to those grants. Washington County TdWt Date 12 -14-04 c'-haixma.n Board of Commissioners O FORM D S T ;IVE 3 Attorney e WASHINGTON cC3(JN'i BOARD OF COMMISSIONERS MIiyu'rr ORDER k ....k....////y:• DATE 5 ,By & b........ CURK OF THE U City of Tieard Date APPROVED AS TO FORM Date Attorney 6 OREGON DEPARTMENT OF STATE POLICE CRIMINAL JUSTICE SERVICES DIVISION URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM • GRANT A WARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: FY 2003 Urban Areas Security GRANT NO: #03-071 Initiative Grant GRANTEE: City of Portland-Portland FY 2003 AWARD: $6,764,956 Office of Emergency Management (POEM) ADDRESS: 1001 SW 51hAvenue AWARD PERIOD: 07/1/0; thtu Suite 650 06/30/05 Portland, Oregon 97204 PROGRAM DIRECTOR: Elise A. Marshall TELEPHONE: (503) 793-0845 FAX. (503) 823-3588 PROGRAM CONTACT: Elise A. Marshall TELEPHONE: Same FAX: FISCAL CONTACT: Nancy McKinnon TELEPHONE: (503)823-6862 BUDGET INCOME Federal Grant Funds $6,764,956 TOTAL INCOME: $$6,764,956 EXPENSES Equipment $5,692,094 Training $774,014 Planning $148,848 Administration $150,000 TOTAL EXPENSES: $6,764,956 'Ibis document along with the terms and conditions and grant application attached hereto, and any other document referenced, constitutes an agreement between the Criminal Justice Services Division (CJSD) of the Department of State Police and the Grantee. No waiver, consent, modification or change of terms of this agreement shall be binding unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, denial of future grants, and/or damages to CJSD. Page 1- UASI-Portland Office of Emergency Management TERMS AND CONDITIONS I. CONDITIONS OF AWARD A. The Grantee agrees to operate the program as described in the application and to expend funds in accordance with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure not within the approved budget or in excess of amounts approved by CJSD. Failure of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension and/or termination of the grant agreement. B. The Grantee agrees that all public statements referring to the program must state that funds for this program come from the U.S. Department of Homeland Security, Office for Domestic Preparedness, State Homeland Security Grant Program, and must state the percent or dollar amount of federal funds used in the program. C. Maintenance. Retention and Access to Records: Audits. 1. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of the Comptroller set forth in the May 2002 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB)Circulars A- 87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all rules and regulations set forth. 2. Access to Records. CJSD, Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. 3. Audits. If Grantee expendr $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials as provided in Section I.D.1 herein. 4. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend $500,000 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. D. Funding. 1. Matching Funds. This Grant does not require matching funds. 2. Sup~lantine. The Grantee certifies that federal funds will not be used to supplant state or local funds, but will be used to increase the amount of funds that, in the absence of federal aid, would be made available to the Grantee to fund programs within the State Domestic Preparedness Equipment Program Grant guidelines. Page 2 - UASI-Portland Ofli<x of Emergency Management E. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to resolve financial, program, or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. 1. Pro ess Reports. The Grantee agrees to submit a semi-annual report on its progress in meeting each of its agreed upon goals and objectives. Reports must be received no later than January 31, 2004; July 31, 2004; January 31, 2005; and July 31, 2005. Any progress report that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Reports. a. In order to receive reimbursement, the Grantee agrees to submit the original signed Request for Reimbursement (RFR) which includes supporting documentation for all grant and match expenditures. RFRs must be received no later than January 31, 2004; July 31, 2004; January 31, 2005; and July 31, 2005. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. Any RFR that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend an RFR requirement past its due date. b. 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 times, dates, and places of travel, and the actual expenses or authorized rates incurred. c. When requesting reimbursement for equipment costing over $5,000, the Grantee agrees to provide a description of the equipment, purchase price, date of purchase, and identifying numbers if any. d. Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before July 1, 2003 or after June 30, 2005. , e. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other breach of grant that results in a debt owed to the Federal Government. CJSD shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. 3. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133. F. Indemnification. The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, defend, save, hold harmless, and indemnify the State of Oregon and CJSD, their officers, employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant. Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the State of Oregon, Criminal Justice Services Division, and the Oregon State Police, their officers, employees, agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such contractors or subcontractors to provide that the State of Oregon, Criminal Justice Services Division, and Oregon State Police and their officers, employees and members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. G. Copygght and Patents. 1. Como Vic. If this agreement or any program fimded by this agreement results in a copyright, the CJSD and the Office for Domestic Preparedness reserve a royalty-free, nonexclusive and irrevocable license to Page 3 - UASI-Portland Office of Enxrgency Management reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee, or its contractor or subcontractor, purchases ownership with grant support. 2. Patent If this agreement or any program funded by this agreement results in the production of patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. H. No Implied Waiver. Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any other or f n-thet exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. 1. Jurisdiction. Governing L=r Venue* Consent to - 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 Grantor (and/or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby Consents To The In Personam Jurisdiction Of Said Courts. J. 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, or mailing the same by registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page I 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 shalt be deemed to be given when actually delivered. 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 in writing by the receiving party. K Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, except that Grantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. L iS3~YdY, All provisions of this Agreement set forth in the following sections shall survive termination of this Agreement: Section I.C (Maintenance, Retention and Access to Records; Audits); Section LE (Reports); and Section I.F (indemnification). M. Severabi,t1' . 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. N. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Agreement. II. Grantee Compliance and Certifications' A. Debarment. Sus lion, Indili1+ty and Vohmtarv Exclusion. The Grantee certifies by accepting t funds l~ 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. (Phis certification is required by regulations published May 26,1988, implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67) Page 4 - UASI-Portland Office of Emergency Management B. 'Cgmpliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and guidelines of the State of Oregon, the Federal Government and CJSD in the performance of this agreement, as set forth in the most recent version of the Grant Management Handbook published by CJSD and including but not limited to: 1. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646). 3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved December 31, 1976. 4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973,42 USC 4001 et seq. 7. Clean Air Act, 42 USC 7401 et seq. 8. Clean Water Act, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 11. Endangered Species Act of 1973,16 USC 1531 et seq. 12. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 14. Coastal Zone Management Act of 1972,16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq. 16. Indian Self-Determination Act, 25 USC 450f. 17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 18. Animal Welfare Act of 1970, 7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. C. Certification of Non-discrimination. 1. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures compliance with the following laws: a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Title IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Title II of the Americans with Disabilities Act (ADA) of 1990, Page 5 - UASI-Portland Office of Bn=%=cy Management e. Title IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; h. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 2. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or subcontractors will forward a copy of the finding to the Criminal Justice Services Division (CJSD). CJSD will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. D. Civil Rights Co liance. All recipients of federal grant funds are required, and Grantee agrees, to comply with nondisciwai +ation requirements of Tide VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3789d(c)(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. (prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Tide II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age DisciLmination Act of 1975, 42 U.S.C. § 6101-07 (prohibiting discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of 1972,20 U.S.C § 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). E. Equal Employment Opp Pro9M . If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal employment opportunity plan at the same time as the application submission, with the understanding that the application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice Programs. If required to formulate an Equal Employment Opportunity Program (ESOP), the Grantee must maintain a current copy on file which meets the applicable requirements. F. National Environmental_ Poligy Act (NEPAL Special Condition for U.S. Department of-justice Grant Programs. 1. Prior to obligating grant funds, Grantee agrees to fast determine if any of the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. new construction; Page 6 - UASI-Portland Office of Emergency Management b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain; c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and d. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. 2. Application of This SInecial Condition to Grantee's Existing Prog ms or Activities: For any of the Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these grant funds, the Grantee, upon specific request from the Office for Domestic Preparedness, agrees to cooperate with the Office for Domestic Preparedness in. any preparation by the Office for Domestic Preparedness of a national or program environmental assessment of that funded program or activity. G. Certification Reg riding Dmg Free Workplace Requirements. Grantee certifies that it will provide a drug-free workplace by- 1 . Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantees workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantees policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (a). 4. Notifying the employee that, as a condition of employment under the award, the employee will: a. Abide by the terms of the statement; and b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later that five days after such conviction. 5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions'. within 30 days of receiving tiotice, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. M. Suspension or Termination of Funding The Criminal Justice Services Division may suspend funding in whole or in part, terminate funding, or impose another sanction on a State Homeland Security Grant Program recipient for any of the following reasons: A. Failure to comply substantially with the requirements or statutory objectives of the State Homeland Security Grant Program guidelines issued thereunder, or other provisions of federal law. Page 7 - UASI-Portland Office of Eaxxgency Management B. Failure to make satisfactory progress toward the goals and objectives set forth in the application. C. Failure to adhere to the requirements of the grant award and standard or special conditions. D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected. E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline. Before imposing sanctions, the Criminal Justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. IV. Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: 1. Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. ' 2. Authority. No Contravention. The making and performance by Grantee of this Agreement (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (c) 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 Grantee is a party or by which Grantee or any of its properties are bound or affected. 3. Binding Ob ' lion. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. 4. Approvals. 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 Grantee of this Agreement. Carmen Merlo, Director Date Criminal Justice Services Division Oregon State Police 4thFloor 255 Capitol Street NE Salem, OR 97310 Signature of Authorized Grantee Official Date Name/Title Page 8 - UASI-Portland Office of Emergency Management OREGON DEPARTMENT -OF STATE POLICE CRIMINAL JUSTICE SERVICES DIVISION URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM GRAIVTAWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: FY 2004 Urban Areas Security GRANT NO: # 04-071 Initiative Grant GRANTEE: City of Portland-Portland FY 2004 AWARD: $ 8,112,992 Office of Emergency Management (POEM) ADDRESS: 1001 SW 5th Avenue AWARD PERIOD: 12/01/03 duu Suite 650 11/30/05 Portland, Oregon 97204 PROGRAM DIRECTOR Miguel Ascarrunz TELEPHONE: (503) 823-2691 FAX: (503) 823-3588 PROGRAM CONTACT: Elise A, Marshall TELEPHONE: (503) 823-2686 FAX: (503) 823-3588 FISCAL CONTACT: Nancy McKinnon TELEPHONE: (503)823-6862 BUDGET INCOME Federal Grant Funds $8,112,992 TOTAL INCOME: $8,112,992 EXPENSES Equipment $7,091,782 Training $527,820 Planning $250,000 Administration $243,390 TOTAL EXPENSES: $8,112,992 This document along with the terms and conditions and grant application attached hereto, and any other document referenced, constitutes an agreement between the Criminal Justice Services Division (CJSD) of the Department of State Police and the Grantee. No waiver, consent, modification or change of terms of this agreement shall be binding unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, denial of future grants, and/or damages to CJSD. Page I - Portland Office of Envrgency Management TERMS AND CONDITIONS I. CONDITIONS OF AWARD A. The Grantee agrees to operate the program as described in the application and to expend funds in accordance with the approved budget unless. the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure not within the approved budget or in excess of amounts approved by CJSD. Failure of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension and/or termination of the grant agreement. B. The Grantee agrees that all public statements referring to the program must state that funds for this program come from the U.S. Department of Homeland Security, Office for Domestic Preparedness, Urban Areas Security Initiative Grant Program, and must state the percent or dollar amount of federal funds used in the program. C. Maintenance, Retention and Access to Records• Audits. 1. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of the Comptroller set forth in the May 2002 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB)Circulars A- 87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all rules and regulations set forth. 2. Access to Records. CJSD, Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. 3. Audits. If Grantee o0endr $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officals as provided in Section I.D.1 herein. 4. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend =500,000 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. D. Fun 1. Matching Funds. This Grant does not require matching funds. 2. Sipgla idag.. The Grantee certifies that federal funds will not be used to supplant state or local funds, but will be used to increase the amount of funds that, in the absence of federal aid, would be made available to the Grantee to fund programs consistent with Urban Areas Security Initiative Grant guidelines. Page 2 - Portland Office of Emergency Management E. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to resolve financial, program, or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. 1. 1. Press Reports l Initial and Biannual Strategy Implementation Plan. The Grantee agrees to submit a semi-annual report on its progress in meeting each of its agreed upon goals and objectives. As part of the Initial and Biannual Strategy Implementation Plan, grantees will be required to tie all funds received to specific, actionable projects and must link each one to the goals and objectives identified in the State and, where appropriate, Urban Areas Homeland Security Strategy. The Initial Strategy Implementation Plan (ISIP) is due June 30, 2004. Biannual Strategy Implementation Plans must be received no later than January 15, 2005; July 15, 2005; and December 31, 2005. Examples of information to be captured in the Initial and Biannual Strategy Implementation Plan include: ■ Title and description of projects to be accomplished during the grant period with funds provided. ■ Total dollar amount received from each funding source. ■ UAHSS goals and/or objectives supported by each project. ■ Intended expenditure of funds for each project by solution area (planning, organization, equipment, training, and exercise) and program. ■ Intended expenditure of funds for each project by discipline and program. Any progress report / Biannual Strategy Implementation Plan that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Rem. a. In order to receive reimbursement, the Grantee agrees to submit a signed Request for Reimbursement (RFR) which includes supporting documentation for all grant expenditures. RFRs may be submitted quarterly but no less frequently than semi-annually during the term of the grant agreement. At a minimum, RFRs must be received no later than January 15, 2005; July 15, 2005; and December 31, 2005. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. Any RFR that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend an RFR requirement past its due date. b. 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 times, dales, and places of travel, and the actual expenses or authorized rates incurred. c. Reimbursements will only be made for actual expenses incurred during the grant period The Grantee agrees that no grant funds may be used for expenses incurred before December 1, 2003 or after November 30, 2005. d. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other breach of grant that results in a debt owed to the Federal Government. CJSD shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. 3. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133. F. Indemnification. The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, defend, save, hold harmless, and indemnify the State of Oregon and CJSD, their officers, employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant. Page 3 - Portland Office of Emergency Management Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the State of Oregon, Criminal Justice Services Division, and the Oregon State Police, their officers, employees, agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such contractors or subcontractors to provide that the State of Oregon, Criminal Justice Services Division, and Oregon State Police and their officers, employees and members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. G. Copyright and Patents. 1. Copyri ht. If this agreement or any program funded by this agreement results in a copyright, the CJSD and the Office for Domestic Preparedness reserve a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee, or its contractor or subcontractor, purchases ownership with grant support. 2. Patent. If this agreement or any program funded by this agreement results in the production of patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the it will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. H. No Implied Waiver. Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. I. Governing Law: Venue: 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 Grantor (and/or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby Consents To The In Personam jurisdiction Of Said Courts. J. 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, or mailing the same by registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page 1 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. 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 in writing by the receiving party. K Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, except that Grantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. L Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this Agreement: Section LC (Maintenance, Retention and Access to Records; Audits); Section LE (Reports); and Section I.F (indemnification). M. Sever. 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 terns and provisions shall not be affected, and Page 4 - Portland Office of Emergency Management 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. N. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Agreement. II. Grantee Compliance and Certifications A. Debarment. Sus Sion, Inelig bi ility and Volu_nIM Exclusion. The Grantee certifies by accepting grant funds 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. (This certification is required by regulations published May 26, 1988, implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67) B. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and guidelines of the State of Oregon, the Federal Government and CJSD in the performance of this agreement including but not limited to: 1. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Informati on Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Disctimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646). 3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved December 31, 1976. 4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq) .5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 7. Clean Air Act, 42 USC 7401 et seq. 8. Clean Water Act, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974,42 USC 300f et seq. 11. Endangered Species Act of 1973,16 USC 1531 et seq. 12. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 14. Coastal Zone Management Act of 1972,16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq. 16. Indian Self-Determination Act, 25 USC 450f. 17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 'et seq. 18. Animal Welfare Act of 1970, 7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. C. Certification of Non-disc Page 5 - Portland Office of Emergency Management 1. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures compliance with the following laws: a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Title IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Title H of the Americans with Disabilities Act (ADA) of 1990, e. Title IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; h. The Department of justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 2. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or subcontractors will forward a copy of the finding to the Criminal Justice Services Division (CJSD). CJSD will forward a copy of the fording to the Office for Civil Rights, Office of Justice Programs. D. Civil RiAts_Compliance. All recipients of federal grant funds are required, and Grantee agrees, to comply with nondi ,mimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3789d(c)(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. (prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. § 6101-07 (prohibiting discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of '1972, 20 U.S.C § 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). E. Equal Empl2y=t rtu_n+ Progrtim. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving move than $25,000 pursuant to this agreement, and has a service population with a minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal employment opportunity plan at the same time as the application submission, with the understanding that the application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice Programs. Page 6 - Portland Office of Emergency Management If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a current copy on file which meets the applicable requirements. F. National nviro a tal Policy Act (N,EU: Sp c&ial Condition for U.S. Department of-justice Grant ProgmMs• 1. Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must fast be met. The activities covered by this special condition are: a. new construction; b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain; c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and d. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. 2. Application of This Special Condition to Grantee's Existing Prog=s or Activities: For any of the Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these grant funds, the Grantee, upon specific request from the Office for Domestic Preparedness, agrees to cooperate with the Office for Domestic Preparedness in any preparation by the Office for Domestic Preparedness of a national or program environmental assessment of that funded program or activity. G. Cerfitication Rmz g Drug Free Woftlace R uimments. Grantee certifies that it will provide a drug-free workplace by. 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring m the workplace. 3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (a). 4. Notifying the employee that, as a condition of employment under the award, the employee will: a. Abide by the terms of the statement; and b. Notify the employer of any criminal drug statute conviction for a.violation occurring in the workplace not later that five days after such conviction. 5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination; or Page 7 - Portland Office of Emergency Management b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. III. Suspension or Termination of Funding The Criminal justice Services Division may suspend funding in whole or in part, terminate funding, or impose another sanction on an Urban Areas Security Initiative Grant Program recipient for any of the following reasons: A. Failure to comply substantially with the requirements or statutory objectives of the Urban Areas Security Initiative Grant Program guidelines issued thereunder, or other provisions of federal law. B. Failure to make satisfactory progress toward the goals and objectives set forth in the application. C. Failure to adhere to the requirements of the grant award and standard or special conditions. D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected: E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline. Before imposing sanctions, the Criminal justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. e Page 8 - Portland Office of Emergency Management IV. Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: I. Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 2. AuthotiM No Contravention. The making and performance by Grantee of this Agreement, (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (c) 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 Grantee is a party or by which Grantee or any of its properties are bound or affected. 3. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. 4. Approvals. 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 Grantee of this Agreement. Carmen Merlo, Director Date Criminal Justice Services Division 255 Capitol Street NE, 41h floor Salem, OR 97310 Signature of Authorized Grantee Official Date Name/Title Page 9 - Portland Office of Emergency Management l,itJ~J City Council Document Transmittal CITY OF TIGARD To: -e n n i3 Di, r r,ev-1 - 0 OREGON From: Date: I'm sending you: Document Type: -igl"GA ❑ Contract ❑ Other Document Name: 4P- V-, CkSkn 4iz) r) L CJ U Approved at the Council Meeting of: 3, S, Number Copies Included: u 1`j i n (AJ 4- 11 Your document(s) have been signed by the Mayor a//o' ur document(s) have been signed by the City Manager ❑ Your document(s) requires an additional signature(s) ❑ When all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: y n 5ctn4 -~6 r- I:WDM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC R P\ c) co( ev INTERGOVERNMENTAL AGREEMENT Between WASHINGTON COUNTY, OREGON and THE CITY OF TIGARD, OREGON THIS IS an intergovernmental (IGA) between Washington County (County) and the city of Tigard (Agency) entered into pursuant to the authority granted in ORS Chapter 190 for the coordination of activities related to the purchase of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative (UASI) grant program. Recitals WHEREAS, the United States Department of Homeland Security, Office for Domestic Preparedness, provided UASI grant funding in the amount of $6,764,956 in Fiscal Year 2003 and $8,112,992 in Fiscal Year 2004 to the state of Oregon for distribution to the Portland, Oregon Urban Area to address the area's unique equipment, training, planning, and exercise needs and to assist the area in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the state of Oregon awarded UASI Grant # 03-071 to the city of Portland, Office of Emergency Management (POEM), as Grantee, for Fiscal Year 2003 in the amount of $6,764,956, a copy of which is attached to this Agreement and incorporated herein as Exhibit A; and WHEREAS, the state of Oregon awarded UASI Grant #04-071 to the city of Portland, Office of Emergency Management (POEM), as Grantee, for Fiscal Year 2004 in the amount of $8,112,992, a copy of which is attached to this Agreement and incorporated herein as Exhibit B; and WHEREAS, UASI Grants #03-071 and #04-071 are intended to increase the ability of the Portland, Oregon Urban Area, which includes jurisdictions in Multnomah, Clackamas, Columbia and Washington counties in Oregon and Clark County in Washington, to prevent, respond to, and recover from chemical, biological, radiological, nuclear and explosive (CBRNE) events; and WHEREAS, after extensive, coordinated discussions between state and urban area officials, a list of equipment, supplies, professional services, and training to be purchased for or by jurisdictions in the urban area has been developed; and 1 WHEREAS, the city of Portland, 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, the city of Portland, as Grant Administrator, is required to make periodic reports to the state of Oregon 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 urban area jurisdictions that receive direct benefit from UASI grant purchases are required to comply with all terms of the UASI grants including, but not limited to, obligations regarding access to records and supplanting of funds; and WHEREAS, the city of Portland entered into agreements with the urban area counties to secure their commitment to follow the city-developed procurement, delivery, reimbursement, and reporting procedures, to ensure their compliance with all terms of the UASI grants, and to obligate them to coordinate with and obtain similar assurances from directly benefiting jurisdictions within the respective counties; and WHEREAS, the County entered into an agreement with the city of Portland on September 1, 2004 and accepted responsibility for coordinating the UASI grant processes within the County. NOW, THEREFORE, the Parties agree as follows: 1. The County agrees: To coordinate grant-related procurement, reimbursement, and reporting activities with directly benefiting jurisdictions in the County consistent with the processes developed by the city of Portland to manage those activities. 2. The Agency agrees: a) That it has read the award conditions and certifications for grants #03-071 and #04-071, 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 the purchasing and reimbursement processes required by the grants, this Agreement, and the city of Portland; 2 C) To appropriately use and conserve all UASI funded equipment, supplies and/or materials provided for CBRNE incident prevention, preparedness, response, and recovery; d) That all equipment, supplies, and services provided by the city of Portland to the Agency are as described in the approved grant budget documents, which the Agency has seen. e) To treat all single items of equipment valued over $5,000 as fixed assets and to provide the city of Portland with a list of such equipment showing dates of purchase, equipment description, serial numbers, and locations where the equipment is housed or stored. f) That any request or invoice it submits for reimbursement of costs for Agency staff training is consistent with the training identified in the approved grant budget documents, which the Agency has seen. g) That the Agency understands and accepts full financial responsibility and may not be reimbursed for costs incurred for training which has not been approved by the state and the U.S. Department of Homeland Security, Office for Domestic Preparedness, even though that training may appear on the approved grant budget documents. h) That the Agency will not deviate from the items listed in the approved grant budget documents without first securing written authority from the city of Portland. i) That any public statement by the Agency referring to the receipt of UASI funded equipment, supplies, services, or training shall indicate that the funds for the purchase came from the U.S. Department of Homeland Security, Office for Domestic Preparedness, Urban Area Security Initiative grant program and the percent or dollar amount of federal funds used in the purchase. j) To maintain and retain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of Comptroller set forth in the May 2002 Office of Justice Program (OJP) Financial Guide, including without limitation in accordance with the Office of Management and Budget (OMB) Circulars 87, A-102, A-122, A-128, A-133. [All of these documents are to be retained for a minimum of six years after the contract has been awarded and available for review, upon request, to federal, state, and city of Portland employees or their agents or officers. Review may occur at any time, even after six years, if the records are still available.] 3 k) To obtain copies of all federal regulations with which the Agency must comply. 1) Not to supplant its local funds with federal and to, instead, use the federal funds to increase the amount of funds that, in the absence of federal aid, would be made available to the Agency to fund programs within the Urban Area Security Initiative grant program guidelines. m) To list the city of Portland as a party to be held harmless and, subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, indemnified by the Agency and any contractor or subcontractor thereof, for any injury to person or property arising out of the equipment, supplies, or services provided under this Agreement, and as a party to whom a listed duty is due. 3. Effective Date and Duration. This Agreement shall be effective from the date both parties have signed and shall continue in effect until all mutual covenants expressed herein have been fully satisfied or until the Agreement is terminated due to the failure of one of the parties hereto to perform. 4. Amendment. This Agreement may be amended by written agreement of both parties but must remain consistent with the requirements of the Urban Area Security Initiative program, the UASI grants from the state to 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 Agency's failure or inability to comply with the provisions of the grants or the Agreement, the Agency 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 Agency, and of 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 contract 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 that arises from or relates to this contract 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. 4 7. Counterparts. This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. 8. Survival. The terms, conditions, representations and all warranties in this contract shall survive the termination or expiration of this contract. 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 contract. 10. Indemnification. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, the Agency shall hold harmless, indemnify and defend the County, its commissioners, employees and agents from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorneys fees arising out of or resulting from agency's performance of or failure to perform the obligations of this contract. 11. Third Party Beneficiaries. The County and the Agency are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract 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-03 and FY-04 UASI program grants and that it is the entire agreement between them relative to those grants. Washington County ~Cvwtyv{,V~ Date 12 - I'll - D y ;Chaizman Boaid of Commissioner APP VED AS TO FORM Date /2 - 3 -C) q Attorney r.YYHOVED WASHING'T'ON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER N ,q- DATE ~..~..1 1`rFTHF.A1ART) y Cit of Ti ~,rd ~ Date APPROVED pS TUfF/~ _ Date 11 .,V_` r f •1' , orneY 6 AGENDA ITEM # '3 . g FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appoint Theodora (Teddi) Duling to the Planning Commission to complete the term initiated by Scot Sutton. PREPARED BY: Susan Koepping L DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL The Planning Commission has a vacancy that can be filled by the appointment of Teddi Duling. STAFF RECOMMENDATION Appoint Teddi Duling to the Planning Commission. INFORMATION SUMMARY Ms. Duling was appointed as an alternate to the Planning Commission after being interviewed by the Mayor's Appointment Advisory Committee in August, 2004. She has expressed her willingness to be appointed to complete the term which was initiated by Scot Sutton. Mr. Sutton has resigned from the Planning Commission. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning Goal # 1: The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Resolution to appoint Ms. Duling Biographical information FISCAL NOTES There is no financial impact as a direct result of this action. Biographical information on appointee, Theodora (Teddi) Duling Teddi Duling lives in the urban service area and has resided in the Tigard area for 25 years. She received a BS degree in Geography/Urban Studies for Portland State University, and is currently employed as a Public Affairs administrator. Earlier she served on the Tigard/Bull Mountain Planning Subcommittee, and was appointed as an alternate to the Planning Commission in August 2004. AGENDA ITEM # 3 G Q FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approve Purchase to Replace Mobile Data Computers (MDCs) PREPARED BY: Brenda Abbott DEPT HEAD OK GyIP" CITY MGR OK Clio ISSUE BEFORE THE COUNCIL Approve the purchase of 35 required replacement mobile data computers for installation into City police patrol vehicles. STAFF RECOMMENDATION Staff recommends Council approve the purchase of Motorola replacement MDCs utilizing the existing state contract. INFORMATION SUMMARY On 10/26/04 Council approved Budget Amendment #3 which allocated funds related to law enforcement grants for the purchase of replacement mobile data computers (Attachment A). As a result of the War on Terror, police agencies are facing new U.S. Department of Justice requirements to protect communications (Attachment B). Tigard Police patrol cars are currently equipped with outdated mobile data computers (MDCs), which are incapable of running the industry standard operating systems required to run the authentication and encryption software necessary for compliance. As of September 30, 2005, transmissions from devices not running with encryption and authentication will not be accepted by the Oregon Law Enforcement Data Systems (LEDS), the agency which provides Tigard PD with access to mission critical data such as wants and warrants, vehicle registrations, etc. Without access to this data officer and citizen safety is seriously impacted. The recommendation made to Chief Dickinson by the PD MDC Committee is attached and outlines the process followed and the basis for the recommendation (Attachment B). The Committee researched the industry, identified requirements and specifications, and evaluated six different vendors before submitting their recommendation. The City is eligible to purchase these components through an existing State of Oregon contract and the Oregon Cooperative Public Purchasing (ORCPP) contract. OTHER ALTERNATIVES CONSIDERED Do not approve the staff recommendation to purchase and direct staff to carry out an invitation to bid. Page 1 of 2 VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment A: City of Tigard Council Budget Amendment 2004 #3 Attachment B: U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division Security Policy, Version 3.0, February 2002. Attachment C: PD Internal Memorandum from the MDC Committee to Chief William Dickinson. Attachment D: City of Tigard Purchase Requisitions for Motorola MDCs FISCAL NOTES The expenditure is for $211,416.80. The City received a grant of $164,958 to help offset the cost of MDCs and upgraded radios. Budget Amendment #3 appropriated grant funds and transferred an additional $250,000 from General Fund Contingency to pay for this equipment. Page 2 of 2 ATTACHMENT A CITY OF TIGARD, OREGON RESOLUTION NO-04-IM/ ARESOLUTION TO ACCEPT A LAW ENFORCEMENT TERRORISM PREVENTION GRANT AND APPROVE BUDGET AMENDMENT #3 TO APPROPRIATE GRANT FUNDS AND TRANSFER CONTINGENCY TO ALLOW THE PURCHASE OF POLICE RADIOS, MOBILE DATA COMPUTERS, AND A DIGITAL VIDEO SYSTEM. WHEREAS, The City of Tigard applied for a grant in the amount of $300,000 from the State of Oregon - 2004 Homeland Security Program to purchase equipment necessary to the protection of the citizens of Tigard from terrorist and criminal activity, and WHEREAS, The City has received a notice of an award of a grant from the 2004 Homeland Security Program in the amount of $164,958, and WHEREAS, The grant award will fund a portion of the replacement of mobile data terminals in City Police vehicles with mobile data computers and purchase 20 800 MHz radios with supporting equipment, and WHEREAS, It is necessary to transfer funding from the General Fund contingency to pay for the balance of the replacement mobile data computers needed for the police fleet and pay for digital video systems to be installed in police vehicles, and NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1. The City of Tigard accepts the Law Enforcement Terrorism Prevention Grant in the amount of $164,958 from the State of Oregon - 2004 State Homeland Security Program (SHSP). SECTION 2. The Budget of the City of Tigard is hereby amended as shown in Attachment A to this resolution to recognize and appropriate grant fiords and to transfer funds from the General Fund contingency to allow the purchase of mobile data computers and digital video systems for installation in City police vehicles. SECTION 3. This resolution is effective immediately upon passage. PASSED: This oW day of 2004. Mayor - City of Tigard ATTEST: //~~jj !~r-E Depu ity Recorder - City of Tigard RESOLUTION NO. 04 - Page 1 Attachment A FY 2004-05 Budget Amendment # 3 FY 2004-05 Budget Revised Revised Amendment Revised Budget # 3 Budget General Fund Resources Beginning Fund-Balance $7,751,279 $7,751,279 Property Taxes 9,398,805 9,398,805 Grants 72,527 164,958 237,485 Interagency Revenues 2,435,609 2,435,609 Development Fees & Charges 372,294 372,294 Utiltity Fees and Charges 0 0 Miscellaneous Fees and Charges 184,160 184,160 Fines and Forfeitures 592,840 592,840 Franchise Fees and Business Tax 2,944;042 2,944,042 Interest Earnings 172,500 172,500 Bond/Note Proceeds 0 0 Other Revenues 68,200 68,200 Transfers In from Other Funds 2,145,314 2,145,314 Total $26,114,103 $164,958 $26,279,061 Requirements Community Service Program $10,359,639 $414,958 $10,774,597 Public Works Program 2,446,197 2,446,197 Development Services Program 2,554,196 2,554,196 Policy & Administration Program 344,706 344,706 General Government 0 0 Program Expenditures Total $15,704,738 $414,958 $16,119,696 Debt Service $0 $0 Capital Improvements $0 $0 Transfers to Other Funds $3,758,056 $3,758,056 Contingency $786,992 ($250,000) $536,992 Total Requirements $20,226,319 $164,958 $20,391,277 Ending Fund Balance 5,887,784 5,887,784 Grand Total $26,114,103 $164,958 $26,279,061 U.S. Department of Justice ATTACHMENT B Federal Bureau of Investigation - - Criminal Justice Information Services Division CJIS SECURITY POLICY r ~6 1l r on F-A U *1 Nv FEBRUARY 2002 NEW RELEASE Version 3.0 Approved by the CJIS Advisory Policy Board TABLE OF CONTENTS Security Programs Security Roles and Responsibilities --------------------------------------------------------------------------1 Information Security Officer Responsibilities--------------------------------------------------------------- 2 Personnel Background Screening Personnel Background Screening 3 Standards for Discipline 4 Physical Security Security Standards Enforcement 5 Specific Facility Security Standards 5 Administrative Security Originating Agency Identifiers (ORIs) 6 State and Federal Agency User Agreements----------------------------------------------------------------- 6 Local Criminal Justice Agency User Agreements 6 Noncriminal Justice Governmental Agencies 7 Private Contractor 8 Awareness and Training 9 Security Monitoring 9 Notification------------------------------------------------------------- 10 Disposal of Media -----------------------------------------------------------------------------------------------10 Documentation of Network Configuration ------------------------------------------------------------------10 CJIS Network Configuration Example -----------------------------------------------------------------------11 Technical Security Identification -----------------------------------------------------------------------------------------------------12 Authentication ---------------------------------------------------------------------------------------------------12 Wireless-----------------------------------------------------------------------------------------------------------13 Encryption --------------------------------------------------------------------------------------------------------13 Encryption Audit Considerations -----------------------------------------------------------------------------14 Dial-up Access ---------------------------------------------------------------------------------------------------14 Access Control---------------------------------------------------------------------------------------------------16 Audit --------------------------------------------------------------------------------------------------------------16 Audit Trails-------------------------------------------------------------------------------------------------------16 Internet Access---------------------------------------------------------------------------------------------------17 Firewalls ----------------------------------------------------------------------------------------------------------17 Internet Firewall Architecture Diagram ----------------------------------------------------------------------19 i d FBI CJIS Criminal History Record Information via the Internet 20 Dissemination of State or Federal Hot File Records Commercial Dissemination 20 Dissemination of III/Criminal History Record Information (CHRI) Logging 21 Use of Information 21 Direct Dissemination to Personnel----------------------------------------------------------------------------21 Dissemination of Criminal History Record Information--------------------------------------------------- 22 Storage of Criminal History Record Information 22 Disposal of Criminal History Record Information----------------------------------------------------------22 Voice Transmission of Criminal History Record Information--------------------------------------------22 Facsimile Transmission of Criminal History Record Information ------------------------------=--------22 CJIS Records Information Systems Auditing Biennial Control Terminal Agency Audits 23 Biennial FBI CJIS Division Audits 23 Special Security Audits 23 Security Audit Capability 23 Security Incidents and Violations Incident Response Capability Structure ----------------------------------------------------------------------24 Identifying Incidents 25 Investigating (Incident Handling) ---------------------------------------------------------------------------=25 Reporting ---------------------------------------------------------------------------------------------------------26 Recovery 27 Appendix A (Web Links) --------------------------------------------------------------------------------------28 Appendix B (Security Incidents and Violations)------------------------------------------------------------29 Appendix B (Definitions and Priorities) 29 A "Spectrum of Threats" as identified by the FBI 30 Glossary of Terms Bolded text denotes new and/or revised policy language. Revised as of 02/2002 ii SECTION III SYSTEMS SECURITY Security Programs Subject: Security Roles and Responsibilities Policy: Each Control Terminal Agency (CTA) and Federal Service Coordinating Agency, including the U.S. National Central Bureau of INTERPOL and the Royal Canadian Mounted Police (RCMP), hereinafter referred to as "CTAs," shall establish an Information Technology (IT) Security Program. Commentary: A Control Terminal Agency (CTA) is a state or territorial criminal justice agency on the CJIS network providing statewide (or equivalent) service to its criminal justice users with respect to CJIS data. There will be no more than one Control Terminal Agency per state or territory. A Service Coordinating Agency is a non-Control Terminal Agency that has a direct telecommunications line(s) to the CJIS Division. Compliance with this requirement will be evidenced by the degree of support the CTA gives to the security policies to preserve the confidentiality, integrity, and availability of CJIS systems. Policy: The FBI CJIS Division shall establish an Information Security Officer (ISO) position and adequate staff which shall be responsible for implementing and administering the CJIS Security Policy. The administration of the policy shall include technical assistance for compliance audits. Commentary: None Policy: The CTA is responsible for security control. Security control is defined as the ability of the CTA or criminal justice agency to set, maintain, and enforce: 1. Standards for the selection, supervision, and termination of personnel; and 2. Policy governing the operation of computers, access devices, circuits, hubs, routers, firewalls, and other components that make up and support a telecommunications network and related CJIS systems used to process, store, or transmit criminal justice information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Commentary: None 1 Policy: Each CTA shall establish an information security structure that provides for an ISO. The CTAs shall also ensure that each local agency having access to a criminal justice network have someone designated as the security point-of-contact (POC). Commentary: Security responsibilities at the local agency level shall be managed by whomever the state designates [e.g., a Terminal Agency Coordinator (TAC)]. Subject: Information Security Officer Responsibilities Policy: The CTA ISO shall be the security POC for the FBI CJIS Division ISO. The ISO shall document technical compliance with all applicable elements of the CJIS Security Policy. The ISO shall also document and.provide assistance for implementing the security-related'controls for the Interface Agency and its users. Commentary: The FBI CJIS Division ISO should provide state-level ISOs with training material concerning the justification of the expenditure of funds for security at the local level. The ISO oversight responsibilities include: • Ensuring the administration of the secure dial-up system; • Assisting in maintaining network topology documentation; • Supporting security-related configuration management for the CTA and local agencies; • Providing guidance in implementing security measures at the local level; • Serving as the POC for computer incident notification and distributing security alerts to the CTA, Interface Agency staff, and local agencies; • Disseminating security-related training materials to local agencies; and • Assisting CJIS staff in the technical security audit of their systems. ISO responsibilities should also include: (1) developing information security training programs, (2) conducting or assisting with the presentation of such programs, and (3) devising a form of feedback to measure the validity of both the . material being furnished and the actual training programs. Personnel Background Screening 2 Subject: Personnel Background Screening Policy: State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all personnel, including appropriate IT personnel, having access to FBI CJIS systems information. Appropriate background investigations must be conducted on personnel with access to FBI CJIS Division0s records information, the minimum to include submission of a completed applicant fingerprint card to the FBI CJIS Division through the state identification bureau when the state is a single source participant. When the Interface Agency, Control Terminal Officer (CTO)/Federal Service Coordinator (FSC), or designee receives a request for access to FBI CJIS systems, and a record of any kind is found, access will not be granted until the CTO/FSC, or his/her designee from an authorized criminal justice agency can review the matter to decide if access/employment is appropriate. If a felony conviction of any kind is found, access will not be granted. Before system access is granted: I . Fingerprint comparison or other positive means must establish the identification of the applicant. If he/she appears to be a fugitive or to have an arrest history without conviction for a felony or serious misdemeanor, the CTO/FSC, an authorized criminal justice agency head, or his/her designee, will review the matter and decide if access/employment is appropriate. In cases involving applicants from noncriminal justice agencies, the CTO/FSC, agency head of the authorized criminal justice agency, or his/her designee and, if applicable, the appropriate board maintaining administrative control will review the matter and decide if access/employment is appropriate. If the applicant is found to be a fugitive from justice or have an arrest history of a felony or serious misdemeanor, the matter will be referred to the executive head of the CTA, the CTO/FSC, or his/her designee. Commentary: The CTA has the authority to approve any FBI CJIS systems access. In cases where an applicant already has access from another law enforcement agency (e.g., shared dispatchers), access may be granted prior to confirmation of the new identification check. This does not implicitly grant hiring/firing authority with the CTA, only the authority to grant FBI CJIS systems access. Agencies are encouraged to conduct background checks equivalent to that conducted for their sworn officers. Policy: 2. If a determination is made by the CTA, the CTO/FSC, or designee, or the Chief Law Enforcement Officer, that FBI CJIS records access by the applicant would not be in the public interest, such access will be denied and the 3 applicants appointing authority will be notified in writing of the access denial. Commentary: Agencies should also screen employees having access to record storage areas containing FBI CJIS III data. Policy: For the purposes of this document, authorized personnel are defined as employees who have passed a background check, as previously described. Agencies must also screen custodial, support, and/or contractor personnel accessing terminal areas through established personnel background screening methods, unless escorted by authorized personnel. Commentary: Background re-investigations are recommended every 5 years-as a good business practice. A cyclical method of re=investigations could be based on a variety of factors so as to prevent the entire agency from being re-checked at the same time. Events can occur that can affect a person's access eligibility, and are sometimes not readily known by the authorizing agency. Promotions within an agency may change the access level of an individual and the potential magnitude of harm that this access provides may be the incentive to warrant a background re- investigation.' Subject: Standards for Discipline Policy: Operators shall access FBI CJIS systems only for those purposes for which they are authorized. Each criminal justice agency authorized to receive FBI CJIS Division records information access must have a written policy for discipline of FBI CJIS Divisions policy violators. (Please refer to the State and Federal Agency and Local Criminal Justice Agency User Agreements sections of this document.) Commentary: The written policy should include what disciplinary actions apply in the event that a computer security violation results in disclosure of sensitive or classified information to unauthorized individuals. Consideration should be given to the extent of loss or injury to the system, agency, or other person upon release or disclosure of sensitive or classified information to an unauthorized individual. The written policy should also address activities which result in unauthorized modification or destruction of system data, loss of computer system processing capability, or loss by theft of any computer system media including: chip ROM memory, optical or magnetic storage medium, hardcopy printout, etc. Standards for discipline should be addressed at the state and local levels. The criteria for disciplinary action for a particular offense may be based on state or local statutes or administrative policy. Standards for discipline should be developed based on the facts of specific situations, taking into consideration any extenuating circumstances. Any criminal activity should be dealt with through appropriate channels. The written policy, once developed, should be made readily available to all employees. 4 Physical Security Subject: Security Standards Enforcement Policy: A CTA must assume responsibility for and enforce systemOs security standards with regard to all other agencies, which it services. Commentary: CTAs should have documented procedures in place to monitor all security policies; i.e., through TACs, and state audit programs coordinated with the CTAOs ISO. CTAs should have procedures in place regarding changing of passwords, log-ons, etc., in reference to terminated employees. Subject: Specific Facility Security Standards Computer Site Policy: The computer site must have adequate physical security to protect against any unauthorized viewing or access to computer terminals, access devices, or stored/printed data at all times. Commentary: Such sites include locations or vehicles housing Mobile Data Terminals (MDTs) or personal/laptop computers capable of accessing FBI CHS records information. Blanking the screen of the laptop or MDT by use of a password-protected screensaver is recommended, when the officer or operator is away from the terminal. Visitors Policy: All visitors to computer centers and/or terminal areas must be accompanied by authorized personnel at all times. Commentary: Access to the terminal area should be restricted to the minimum number of authorized employees required for operations. Administrative Security Subject: Originating Agency Identifiers (ORIs) 5 Policy: An FBI authorized ORI shall be used in each transaction on FBI CJIS systems. For each transaction into the system, the CTA must ensure that the ORI is in fact originating from the specific agency requesting the transaction. Commentary: The original identifier between a local agency and the CTA can be the ORI, and/or other agency identifier (e.g., user identification (personal identifiers), access device pneumonic, Internet Protocol (IP) address, etc.). This serves to identify who sent the message, , as well as ensuring the proper level of access for each transaction. The agency performing the transaction is not necessarily the same as the agency requesting the transaction. Subject: State and Federal Agency User Agreements Policy: Each CTA head must provide a current, signed written agreement to the FBI CJIS Division to conform with system policy before participating in FBI CJIS DivisionOs records information programs. This agreement also includes the standards and sanctions governing utilization of FBI CJIS Division systems. Commentary: None Subject: Local Criminal Justice Agency User Agreements Policy: Any criminal justice agency that requests access to FBI CJIS Divisionos databases must enter into a current, signed written agreement with the appropriate signatory authority of the CTA that will provide said access. Commentary: This written agreement will delineate the FBI CJIS Division systems to which the agency will have access and the FBI CJIS Division policies to which the agency must adhere to ensure continuation of said access. These policies include: 1. Audit 2. Dissemination 3. Hit Confirmation 4. Logging 5. Quality Assurance 6. Screening (pre-employment) 7. Security 8. Timeliness 9. Training 10. Use of the System 11. Validation This agreement may also delineate the process by which local user agencies appeal FBI CJIS Division systems service-related decisions made by the agency that provides them direct terminal access as provided by this agreement. Policy 6 language to be included in the user agreement can be drawn from the NCIC 2000 Operating Manual, as well as other relevant FBI CJIS Division documents. Subject: Noncriminal Justice Governmental Agencies Policy: Noncriminal justice governmental agencies designated to perform criminal justice dispatching functions or data processing/information services for a criminal justice agency are eligible for FBI CJIS Divisions records information systems access. Noncriminal justice governmental agencies are permitted access to FBI CJIS 0 Division systems if such delegation is authorized pursuant to Executive Order, statute, regulation, or inter-agency agreement. In this context, the noncriminal justice governmental agency is servicing the criminal justice agency by performing an administration of a criminal justice function and is permitted access to criminal history record information to accomplish that limited function, as referenced in 28 CFR 20.33 (a)(6). All noncriminal justice agencies accessing FBI CJIS Division systems will be subject to all FBI CJIS Division operational policies, rules, and regulations. Security control responsibility must remain with the criminal justice agency. Commentary: Noncriminal justice governmental agencies are sometimes tasked to perform dispatching functions or data processing/information services for a criminal justice agency. Based on the changes to the CFR in October 1999, the following are the principles outlined in the March 2000 ❑White Paper❑ distributed to all CTOs and FSCs: 1. The pre-existing degree of control exercised by the Control Terminal Agency (CTA) or the Criminal Justice Agency (CJA) is to be maintained and not diminished by the changes to the CFR. 2. Management Control Agreements (MCAs) in place remain valid until superceded by another instrument containing sufficient controls. 3. Inter-agency agreements between a CJA and a governmental noncriminal justice agency (NCJA) must contain controls and requirements similar to the Security Addendum established under 28 CFR 20.33(a)(7) for nongovernmental private entities. If the authorizing documentation (Executive Order, statute, regulation or inter-agency agreement) is not considered by the CTA to contain adequate safeguards, the CTA may also require a current, signed written agreement between the noncriminal justice governmental agency and the CTA that will provide such safeguards. In addition, the performance of such delegated criminal justice tasks 7 by an otherwise noncriminal justice governmental agency does not convert that agency into a criminal justice agency. Subject: Private Contractor Access Policy: Private contractors are permitted access to FBI CHS Division0s criminal history record information (CHRI) systems pursuant to a specific agreement for the purpose of providing services for the administration of criminal justice pursuant to that agreement. The agreement between the government agency and the private contractor must incorporate the Security Addendum approved by the Director of the FBI (acting for the U.S. Attorney General), as referenced in Title 28 CFR 20.33 (a)(7). Private entities performing the administration of criminal justice must meet the same training and certification criteria required by governmental agencies performing a similar function. Commentary: All private entities performing criminal justice functions, including administration of private correctional facilities, police crime labs, and the administration of probation services are covered by this policy. The Security Addendum contains standards for physical and security constraints historically required by NCIC/CJIS security practices; including programmatic requirements, together with personal integrity and electronic security provisions comparable to those in the CJIS User Agreement between the FBI and criminal justice agencies and in the traditional MCAs between criminal justice agencies and noncriminal justice governmental entities. The Security Addendum specifically authorizes access to criminal history record information, limits the use of the information to the specific purposes for which it is provided, ensures the security and confidentiality of the information consistent with applicable laws and regulations, provides for sanctions, and contains such other provisions as the Director of the FBI (acting for the U.S. Attorney General) may require, as referenced in Title 28 CFR 20.33 (a)(7)• The Security Addendum may only be modified by the FBI, and may not be modified by the parties to the specific agreement without consent of the FBI. Private contractors are subject to audit review to the same extent as local user agencies. Subject: Awareness and Training Policy: The CTA shall provide security awareness briefings to all personnel who manage or have access to FBI CJIS Division information. Commentary: The goal of these briefings is to ensure that personnel are made aware of. 8 • threats, vulnerabilities, and risks associated with accessing FBI CJIS systems; • what requires protection; • information accessibility, handling, marking, and storage considerations; • physical and environmental considerations; • system, data, and access controls; • contingency plan procedures; • secure configuration control requirements; • social engineering practices; and • responsibility to promptly report security violations to the ISO. All new employees should receive a security awareness briefing within 60 days of their appointment or assignment, as part of their orientation. Continued training should be provided whenever there is a significant change in the agency information systems security environment or procedures or when an employee enters a new position. Refresher training should be given at least biennially. Initial and refresher training may be provided by videotape or on-line training sessions. Subject: Security Monitoring Policy: All access attempts are subject to recording and routine review for detection of inappropriate or illegal activity. Commentary: If misuse is suspected, then all access attempts that may have an impact on FBI CJIS systems may be captured and reviewed to substantiate unauthorized access. Captured transactions may be useful for review of unauthorized activities or routine security checks. Full-time capturing is not required. Audit trails should be sufficient in detail to facilitate reconstruction of events if compromise or malfunction occurs. Audit trails should be reviewed at least once weekly. Subject: Notification Policy: Security-related incidents that impact FBI CJIS data or communications circuits shall be reported to the FBI CJIS Divisions ISO through a pre-determined procedure designated for computer incident responses as provided by the FBI. Major violations (i.e., those that significantly endanger the security or integrity of 9 the criminal justice agency systems) must be immediately communicated to the CTA. Commentary: Security-related incidents should be defined as incidents serious enough to warrant corrective action. An unsuccessful hacking attempt into a firewall, for example, is worth noting but does not warrant notification of superiors. However, an organized repetitive attack may require an action and notification. The CTA❑s ISO should establish and follow a security incident/violation response and reporting procedure to discover, investigate, document, and report on all security incidents/violations within their agency. The CTA❑s ISO should establish the frequency of reporting for minor incidents. Subject: Disposal of Media Policy: All data associated with FBI CJIS systems records shall be securely stored and/or disposed of to prevent access by unauthorized personnel. Commentary: The CTA should establish policies and procedures for disposal of all fixed storage media, e.g., hard disks, RAM disks, removable media back-up devices, etc. Disposal procedures should include a method sufficient to preclude recognition or reconstruction of information and verification that the procedures were successfully completed. Subject: Documentation of Network Configuration Policy: The CTA❑s ISO shall establish procedures for documenting criminal justice information network configurations. Commentary: (Please refer to Figure 1.) 10 FIGURE 1 An example of a criminal justice information network configuration Internet County 1 Law Enforcement Management System 0 Local Other Police Noncriminal Department Justice ~ : ; State Law E•nforcemerit Agency Local Area Network (LAN) Trtrsted'System g (under,•agency coritrol) Internet ' Firewall'' Identification 911 Emergency LAN Router Bureau Call Center .,Interface Agenc Switch County FBI IRE DES District8 WAN Routed 88888 ;FBI Hub FBI Router DSU Circuit Courts FirewalI . - NLETS 128-bit NLETS Switch encryption is recommended Local throughout the oiai-up Police CAS network - By Department Modem Bank Vendor County 2 Law Enforcement LAN J Radio Tower Q Mobile Server 11 Technical Security Subject: Identification Policy: Each individual who is authorized to store, process, and/or transmit information on a FBI CJIS Division system shall be uniquely identified. The unique identification is also required for personnel who administer and maintain the systems. The unique identification can take the form of a full name, badge number, serial number, or other unique alphanumeric identifier. Commentary: Identification is the unique alphanumeric identifier. Subject: Authentication Policy: The identifier shall be authenticated. Commentary: Authentication is the proof of the unique alphanumeric identifier. The CTA can choose to develop an authentication strategy that centralizes oversight, but that decentralizes the establishment and day-to-day administration of the security measures for the Interface Agency segment. Authentication of the unique user identity (i.e., identifier) can be a logon and password combination implemented at a local agency. The CTA should audit this authentication strategy for policy compliance. Other unique authentication methods could include biometrics, smart cards, tokens, or the use of robust passwords. Policy: The FBI shall identify and authenticate individuals (e.g., FBI employees and/or contractors) who establish message-based and/or interactive sessions within the FBI CJIS system segment. For the Interface Agencies that interact with FBI CJIS systems through a message-based interface (e.g., NCIC 2000), the FBI will continue to capture the ORI and will not further authenticate, nor be required to capture the unique identifier for the originating operator as this function is performed at the Interface Agency level. Commentary: The Interface Agencies/CTAs perform the identification and authentication, and only the ORI is required from the Interface Agency to the FBI. If the FBI were to re-identify and re-authenticate this would result in too much overhead for processing. The FBI assumes the CTA is forwarding a valid and authorized transaction. Retention of these identifiers for future audit management is recommended. Subject: Wireless 12 Policy: All new wireless upgrades contracted after the close of federal fiscal year 2002 (September 30, 2002), shall support a minimum of 128-bit encryption for all data. Sanctions for noncompliance will be in effect, except for good cause shown to the APB, not to extend past the close of federal fiscal year 2005 (September 30, 2005). Criminal justice data passing over wireless links must be protected by a minimum of 56-bit encryption if the information consists of FBI CJIS III information or intelligence data. The transmission of NCIC hot file data is allowed with either minimum 56-bit encryption, or a proprietary data transmission protocol that prevents recognizable clear text transmissions. All wireless links or server access points must be protected by authentication to ensure protection from unauthorized system access. Commentary: A proprietary protocol may be a vendor specific solution that prevents clear text transmission, but is not necessarily a recognized standard for encryption. Receipt of unsolicited responses may indicate a hacker spoofing the agency❑s wireless network. Subject: Encryption Policy: All FBI CJIS Divisions data transmitted over dial-up or Internet connections shall be immediately protected with encryption. All FBI CJIS Divisions information passing through.. a public network segment must be protected with encryption, while in that segment with it sanctionable by close of the federal fiscal year 2002 (September 30, 2002), except for good cause shown to the APB, not to be extended past the close of federal fiscal year 2005 (September 30, 2005). Commentary: NCIC hot file data is not considered intelligence information. The following files should be afforded the same protection as the CHRI or III data: • Violent Gang and Terrorist Organization File; • Convicted Persons on Supervised Release File; • Deported Felon File; • Convicted Sexual Offender Registry File; and • Historical Protection Order File. Policy: A ❑public network❑ segment for CJIS purposes is defined as a telecommunications infrastructure consisting of network components that are not owned, operated, and managed solely by a criminal justice agency. 13 Commentary: This includes, but is not limited to, a common carrier ATM or Frame Relay network where by virtue of their design, the redundancy that is provided, is done so through the use of shared public switches within the network cloud. Dedicated criminal justice local area networks that contain no public network components are not considered public networks. The usage of such a network by noncriminal justice entities dictates that it be considered a ❑non-secure❑ network. It is not the intent of this policy to dictate a specific encryption solution. A variety of hardware and software solutions are available, [e.g., session-based and Virtual Private Networks (VPNs)]. It is envisioned that the use of either private-key or public-key systems will be acceptable. Private-key systems shall be based on FIPS Publication 46-2, Data Encryption Standard (DES). DES is also defined in ANSI X3.92, ANSI X3.106, and FIPS Publication 81. IP Security (IPSEC) is the recommended industry standard for VPN support. Policy: Encryption shall employ at least a 128-bit key for non-wireless systems contracted after 1/1/2001. Commentary: The FBI will be responsible for providing and managing encrypted sessions between the FBI Segment and the Interface Agency Segment. The CTA will be responsible for overseeing the management of encryption within the Interface Agency Segment. Subject: Encryption Audit Considerations Policy: The CTA/ISO will document, or oversee the documentation of key management procedures for audit review purposes. Commentary: The key management procedures will describe key generation, key distribution, key disposal, emergency procedures, key recovery, and key escrow, as appropriate. Subject: Dial-up Access Policy: Dial-up Access is any routine access over public network circuits on a continuous or temporary basis provided that appropriate security measures are in place. CTA responsibilities for Dial-up Access are: Policy: 1. The CTA has authority to approve and operate dial-up access, including system maintenance access, providing the modem ports are properly managed 14 and other security measures are implemented. A technical review of the use of secure dial-up circuits will be part of the periodic audits by the CTA and the FBI CJIS Division. Commentary: Properly managing the dial-up ports includes restricting access to these ports on an as-needed basis and logging their use accordingly. It does not imply dial-back functions are sufficient, as this method has been found to be easily compromised. Policy: 2. The CTA is responsible for the administration of the dial-up system and for developing and maintaining the documentation of the security measures in place. This includes user identity and agency association, the authorization of the user and the level of access authorized, the purpose of use, the frequency of use, and the location of fixed-based dial-up sites. Commentary: The location of the remote dial-up site should be noted for documentation purposes, if known. Policy: 3. The system shall be able to identify and authenticate the dial-in user prior to user gaining access to FBI CJIS Divisions systems. The system must be capable of issuing a unique user identity. Commentary: None Policy: 4. All FBI CJIS transactions and messages sent and received on the dial-up system must be logged. For dial-up and Internet use, all logins, successful and unsuccessful must be logged. Repeated failed log on attempts shall disable the user account. The user account shall be re-enabled by a system administrator as appropriate. The system must be able to identify the transaction from the automated transaction log for all dial-up circuits. Automatic logging includes session initiation and termination messages, failed access attempts, and all forms of access violations such as attempts to access data beyond the level of authorized access. Access to the transaction log must be highly controlled. The transaction log must not be vulnerable to modification if the system is penetrated. Logs shall be maintained for security audit review for a minimum of 12 months. Commentary: None Subject: Access Control Policy: Interface Agency systems shall employ access control mechanisms to confirm the user has been granted the permission to access a system resource in the manner 15 authorized. An alternative is to employ access prevention mechanisms wherein an unauthorized user is never given the opportunity to access a resource. Commentary: Access control enforces authorization, which is the granting of rights, by the owner or controller of a resource, for others to access that resource. Host-based mechanisms include, but are not limited to file passwords, access control lists, and disk encryption. Network-based techniques involve access control enforcement functions, which allow or block access requests. Firewalls are a useful way to address network access control. Subject: Audit Policy: The Interface Agency shall conduct security audits for operational systems at least once every four years. The Interface Agency shall have an audit trail capable of monitoring successful and unsuccessful access attempts, file access, type of transaction, and password changes. All audit trail files must be protected to prevent unauthorized changes or destruction. Commentary: None Subject: Audit Trails Policy: For Internet or dial-up use, the CTA/ISO shall provide for audit and real-time monitoring, using automated techniques, of CJIS networked and host-based systems to detect security vulnerabilities and incidents. The minimum amount of information to be captured in an audit record is: 1. The identity of each user and-devlee having access to the system or attempting to access the system; 2. The time and date of the access, time and date of log off; 3. Activities that might modify, bypass, negate security safeguards controlled by the computer system; and 4. Responses to serious violations. Commentary: Audit trail files should be reviewed during security audits. Monitoring should include unauthorized attempts to pass through the firewall. Subject: Internet Access Policy: Authorization for access to the Internet to support CJIS processing may be granted by the CTA when a minimum set of technical and administrative requirements have been addressed to assure the security of FBI CJIS systems from unauthorized 16 access via-the Internet to preserve the confidentiality, integrity, and availability of FBI CJIS information as it is processed over the Internet. FBI CJIS systems inquiries, entries, updates, and modifications will be permitted when the minimum-security measures and requirements are in place. Commentary: None Policy: The CTA/ISO shall ensure the implementation of these technical requirements for Internet access: 1. Advanced authentication, (e.g., digital signature and certificates, biometrics, or- euer-yptiee) to provide assurance that potential users are who they say they are; 2. Access control, (e.g., passwords and access control lists or smart cards and PINs) to prevent unauthorized access to a service or data; 3. Integrity, (e.g., configuration management and anti-virus software, digital signature, and encryption) to detect the unauthorized creation, alteration, or deletion of data; 4. Confidentiality, (e.g., partitioned drives, encryption, and object reuse) to prevent the unauthorized disclosure of information; and 5. Non-repudiation (e.g., digital signatures and notarization) to prevent one partner in a transaction from denying that he/she has participated in all or part of the interaction. Commentary: CTAs must recognize that data is at risk on access devices and workstations with unsecured Internet access and should protect residual CJIS data (i.e., by removal, encryption, or erasure) from subsequent Internet access. Subject: Firewalls Policy: Networks in which some terminals, or access devices have CJIS access and/or Internet access (e.g., peer-to-peer relationships, large mainframes and servers that house websites) must be protected by firewall type devices that implement a minimum firewall profile, to provide a point of defense and a controlled and audited access to servers, both from inside and outside the CJIS networks. (Please refer to Figure 2.) Commentary: A peer-to-peer network allows all workstations and computers in the network to act as servers by sharing resources to other users on the network. Use of the U.S. Government Application Level Firewall Protection Profile for Low Risk Environments and U.S. Government Traffic Filter Firewall Protection Profile for Low Risk Environments is recommended. Traffic filter firewalls should have the ability to screen and audit traffic at the network and transport protocol layers. 17 Application level firewalls should provide the capability to screen traffic at the application protocol, network and transport layers, as well as the ability to authenticate end users with additional audit capability. The protection profiles define the functional characteristics of firewalls without specifying particular vendors and equipment. Firewalls that provide all of the specified security features and assurances can be evaluated against the profiles to determine compliance. The profiles effectively show the relationship between the technical controls and the associated operational considerations (e.g., physical security, configuration management, and audit review). Information and profiles are available upon request from the FBI or can be referenced at http://csrc.nist.gov/cc/pp/. The file at this site to download is fw-ppa.zip which includes the Application Level and Traffic Filter firewall protection profiles in Adobe Acrobat pdf format. FIGURE 2 18 Internet Firewall Architecture SMTP/DNS Web Server Host Internet Exterior Router A City or Local Network Diagram Interior Router would attach from this point. . I Shared I Joe (Drive F:) Charlie (Drive G:) Tim (Drive H:) 'Laser printer I1 _ I Shared Shared Shared i CJIS Fingerprint CJIS Warrant Time & Attendance I Database & Database & Database & Workstation Workstation Print Server I: Workstation T I Peer-to-Peer,Network Each workstation shares resources with fhe other workstations I Subject: FBI CJIS Criminal History Record Information via the Internet 19 Policy: The transfer of FBI CJIS Criminal History Record Information (CHRI) including secondary dissemination of said records, through communications media such as Internet electronic mail facilities and remote access file transfer, and any other file • modifications will be permitted through the Internet if the technical security requirements have been met. Commentary: Adequate technical security requirements for e-mailing CHRI are currently under review. Policy: Audit Requirements For Internet and dial-up use, the CTA/ISO shall provide for audit and real-time monitoring using automated control mechanisms of CJIS networks to detect security incidents. The minimum amount of information to be captured in an audit log is: 1. The identity of each user and-deviee having access to the system or attempting to access the system; 2. The time and date of the access, time and date of log off; 3. Activities that might modify, bypass, negate security safeguards controlled by the computer system; and 4. Responses to serious violations. Commentary: None Dissemination of State or Federal Hot File Records Subject: Commercial Dissemination Policy: The commercial dissemination of state or federal hot file records obtained from NCIC (CJIS Systems) is prohibited. Information derived for other than law enforcement purposes from national hot file records can be used by authorized criminal justice personnel only to confirm the status of a person or article, i.e., wanted or stolen. Any advertising of services providing "data for dollars" is prohibited. The request for bulk data is prohibited. Authorized agencies are allowed to charge a processing fee for disseminating data for authorized purposes. Commentary: The wholesale marketing of data for profit is not permitted, as in the example of a pre-employment screening or background check company requesting that wanted person checks from NCIC be conducted on individuals for various noncriminal justice employment. 20 Dissemination of III/Criminal History Record Information Subject: Logging Policy: The CTA shall ensure that all NCIC hot file transactions and III transactions (both Criminal History Inquiry [QH] and Criminal Record Request [QR]) originating from access devices which access NCIC through the state system be maintained on an automated log. The hot file portion of this log must be maintained for a minimum of six months, and the III portion must be maintained for a minimum of one year. The automated log must clearly identify the operator of the III transactions as well as the authorized receiving agency. III logs must also clearly identify the requester and secondary recipient. The unique identification can take the form of a full name, badge number, serial number, or other unique alphanumeric identifier. Commentary: None Subject: Use of Information Policy: Resulting information from any FBI CJIS Divisions systems requested by a criminal justice or noncriminal justice agency shall be used only for the purpose for which the request was made. Upon request by NCIC System Managers / representatives, CTA representatives, and local agency administrators, all users must provide a reason for all III inquiries. Access to FBI CJIS Divisions systems by noncriminal justice agencies is subject to cancellation if information is disseminated outside the receiving department, related agencies, or service providers. Sanctions are in place for improper dissemination of information. Commentary: None Subject: Direct Dissemination to Personnel Policy: The data stored in the FBI CJIS Divisions systems is documented criminal justice information, and this information must be protected to ensure correct, legal, and efficient dissemination and use. The individual receiving a request for criminal justice information must ensure that the person requesting the information is authorized to receive the data. The stored data in FBI CJIS Divisions systems are sensitive and must be treated accordingly. An unauthorized request or receipt of such material could result in criminal proceedings. If no state/local law or policy prohibition exists, indirect dissemination of FBI CJIS Divisions records, other than III, is discretionary with the CTA. Commentary: None 21 Subject: Dissemination of Criminal History Record Information Policy: Copies of III data obtained from access devices must be afforded security to prevent any unauthorized access to or use of the data. Commentary: None Subject: Storage of Criminal History Record Information Policy: III records must be maintained in a secure records environment. Such storage of records will be maintained for extended periods only when the III records are key elements for the integrity/utility of the case files/criminal record files where they are retained. Commentary: None Subject: Disposal of Criminal History Record Information Policy: When retention of III records is no longer required, disposal will be accomplished in a secure manner so as to thoroughly destroy all elements of the records and preclude unauthorized viewing, access, or use. Commentary: None Subject: Voice Transmission of Criminal History Record Information Policy: Any electronic device that uses wireless or radio technology to transmit voice data may be used for the transmission of CHRI when an officer determines that there is an immediate need for this information to further an investigation or there is a situation affecting the safety of an officer or the general public. Commentary: None Subject: Facsimile Transmission of Criminal History Record Information Policy: A facsimile device not connected to a CJIS system may be used to transmit hardcopy criminal history records provided both agencies involved have an NCIC ORI authorized to receive criminal history information. The transmission of facsimile information from a workstation must meet the same security considerations as dial-up access including identification and authentication. Commentary: Telephone notification prior to the transmission of information should be initiated to verify the authenticity of the receiving agency. CJIS Records Information Systems Auditing Subject: Biennial Control Terminal Agency Audits 22 Policy: Each CTA is required to establish a system to biennially audit all agencies which operate workstations, access devices, MDTs, or personal/laptop computers to ensure compliance with agency and FBI CJIS Division0s policy and regulations. Commentary: None Subject: Biennial FBI CJIS Division Audits Policy: In addition to the audits conducted by all CTAs, each CTA shall be audited at least once every two years by the CJIS Audit Unit. The objective of this audit is to verify adherence to FBI CJIS Division policy and regulations and is termed a compliance audit. This audit shall include a sample of state and local agencies, to include noncriminal justice agencies. A compliance audit may be conducted on a more frequent basis should it be necessary due to failure of an agency to meet the standards of compliance. Commentary: For additional information contact the CJIS Audit Unit. Subject: Special Security Audits Policy: All Interface Agencies having direct access to FBI CJIS systems and the III data shall permit an inspection team appointed by the Board to conduct appropriate inquiries with regard to any allegations of security violations. The inspection team shall include at least one representative of the CJIS Division. All results of the investigation shall be reported to the Board with appropriate recommendations. Commentary: None Subject: Security Audit Capability Policy: A security audit shall be performed by the CJIS Audit Unit, concurrent with the scheduled biennial agency audit, the purpose of which is to measure the agency❑s conformity to the CJIS Security Policy provisions. Commentary: The new technical portions of the policy that are sanctionable will not be considered sanctionable until the close of the federal fiscal year 2002 (September 30, 2002). exeept for- good eause shown to the , not to be extended pas the elose of federal fiscal . F 2005 (September- 2020W. The misuse of the Internet and dial-up access is, however, immediately sanctionable due to their vulnerabilities. Security Incidents and Violations Subject: Incident Response Capability Structure Policy: The FBI CJIS Division responsibilities will include: 23 1. Implementing and maintaining the Computer Incident Response Capability (CIRC); 2. Serving as a central clearinghouse for all reported intrusion incidents, security alerts, bulletins, and other security-related material; 3. Ensuring additional resources for all incidents affecting FBI CJIS Divisionos controlled systems as needed; 4. Disseminating to all ISOs prompt advisories of system threats, operating system vulnerabilities, and tracking all reported incidents, trends, and impacts; and 5. Monitoring the resolution of all incidents. Commentary: (Please refer to Appendix A.) Policy: The CTA ISO responsibilities for security incidents will include: 1. Assigning individuals in each state, federal, and international law enforcement organization to be the primary point of contact for interfacing with the FBI CJIS Division concerning incident handling and response; 2. Identifying individuals who are responsible for reporting incidents within their area of responsibility; 3. Collecting incident information from those individuals for coordination and sharing among other organizations that may or may not be affected by the incident; 4. Developing, implementing, and maintaining internal incident response procedures, and coordinating those procedures with other organizations that may or may not be affected; 5. Collecting and disseminating all incident-related information received from DOJ, FBI CJIS Division, and other entities to the appropriate local law enforcement POCs within their area; and 6. Acting as a single POC for their jurisdictional area for requesting incident response assistance. Commentary: (Please refer to Appendix B.) Subject: Identifying Incidents 24 Note: The following is a partial list of incident indicators that deserve special attention from users and/or system administrators: the system unexpectedly crashes without clear reasons new user accounts are mysteriously created which bypass standard procedures sudden high activity on an account that has had little or no activity for months new files with novel or strange names appear accounting discrepancies changes in file lengths or modification dates attempts to write to system files data modification or deletion denial of service unexplained, poor system performance anomalies' suspicious probes ➢ suspicious browsing These indicators are not proof that an incident has or is occurring. However, it is important to suspect that an incident might be occurring, and act accordingly. Subject: Investigating (Incident Handling) Policy: The CTA ISO responsibilities for computer incident response will include: I. Notifying the FBI CJIS Divisions ISO and the Department of Justice Computer Incident Response Team (DOJCERT) through established procedures, which are currently being drafted in compliance with the FBI National Security Division (NSD) guidelines. Also notify the CTA that an intrusion incident might be occurring or has occurred. 2. Determining the nature and scope of the incident: Look for modifications to system software and configuration files; Look for tools installed by the intruder; Check other local component systems for modification; Check remote component systems for modifications; and Notify the affected state and local ISOs to check for systems at other sites that may be involved. 3. Resolving the problem and getting the system back to normal operations. If an intrusion is in progress, make a risk-based management decision to either leave the system attached or disconnect from the network. DO NOT POWER DOWN THE SYSTEM. This may cause the loss of valuable information regarding the intrusion. The CTA ISO should: 25 Copy log files; Review log files; Check binaries and configuration files; Undo intruder modifications and install clean system; and Provide alert information to all CTA ISOs. Commentary: None Subject: Reporting Policy: The FBI CJIS Division is responsible for collecting incident information and providing written reports to the FBI Security Programs Manager, DOJ Department Security Officer, and DOJCERT. In addition, the FBI CJIS Division is responsible for notifying CTA ISOs of intrusion information that may or may not affect Interface Agency systems. Notifications of intrusions/incidents will be secured in a manner commensurate with the sensitivity of the information being transmitted. Wherever possible, all transmission regarding incidents and/or intrusions will be encrypted. Commentary: The ISO should prepare an incident report to include the following: 1. Provide a description of the incident and the activities which have taken place to date, which have led to the identification and resolution of this incident. 2. What happened? Provide a description of the incident and the believed communications route that allowed the incident to occur. 3. How was the incident discovered? Provide a paragraph identifying how this incident was discovered, i.e., via an audit trail, or accidental discovery. What mechanisms provided this revelation? 4. Who does this incident affect? Provide a description as to who you believe is affected or is vulnerable to an incident like this. 5. When did the incident occur? Identify the time or timeframe and the operational phase (i.e., Was this a one-time occurrence or continuing? Could it occur anytime or do certain events trigger it?). 6. Why did the incident happen? What allowed this incident to occur? Were there policies in place, which may be applicable to this incident? Should there be controls in place, which may help to prevent this type of incident from reoccurring? 7. Where did this incident occur? Provide a diagram which identifies the communications path and the suspected cause of the incident. 26 8. Describe any resolutions that have been identified. Provide any proposed technical/administrative resolutions. 9. Describe the resolution activities of your organization to date. Include future resolution activities and any known or suspected issues with the resolution activities. 10. What are the vulnerabilities and impacts associated with this incident? Describe what you believe are the vulnerabilities and impacts to other information systems as a result of this incident. 11. What is being done or what should be done to correct this problem and ensure that this sort of incident does not recur? 12. What procedures are in place for identifying and correcting current and future incidents of this nature? Are new procedures needed for this type of occurrence? Subject: Recovery Policy: Each system must be supported by a contingency plan. Commentary: Well-written contingency plans, routinely reviewed, tested and updated, will enable vital operations and resources to be restored as quickly as possible and keep system downtime to an absolute minimum, providing reasonable continuity of support if events occur that prevent normal operation. When an intrusion has been detected and causes significant damage to a computer system, the contingency plan will allow the disinfection, repair, and/or upgrade of the system to be restored as quickly as possible. 27 Appendix A A WORLD WIDE WEB SUPPLEMENTAL LINK PAGE WILL BE PROVIDED IN FUTURE RELEASES OF THIS DOCUMENT Incident Response Web Sites: CERT Coordination Center Effmj http://www.cert.orp,/ SANS Institute '44 I I'll hqp://www.sans.orgj Computer Incident Advisory Capability (CIAC) btV://www.ciac.orgjciac/ Defense Information Systems Agency Center for Automated System Security Incident Support Team (ASSIST, for DoD sites) http://www.dtic.mil/dtiwl/toc comsec.g.html Federal Computer Incident Response Capability (FedCIRC) http://www.fedcirc.gov/ Forum of Incident Response and Security Teams (FIRST) htW://www.first.org/ NASA Incident Response Center (NASIRC) htW://www-nasirc.nasa.gov/incidents.html Federal Bureau of Investigation (FBI) National Infrastructure Protection Center (NIPC) http://www.nipc.gov Carnegie Mellon Software Engineering Institute (CERT) http://www.cert.org/ 28 Appendix B Subject: Security Incidents and Violations Introduction Information Security Officers (ISOs) have been identified as the POC on security-related issues for their respective organizations. The FBI CJIS Division is in the process of developing and implementing a cost-effective security infrastructure for sharing information. An important part of that infrastructure is the early notification and sharing of intrusion information. There has been an increase in the number of computer attacks against both government and private organizations, regardless of whether the systems are high or low profile. As the criminal justice community becomes more dependent on global network technology, the causes for the attacks can be accidental or malicious. The effects of these intrusions can range from embarrassment, to causing the inability to function, to the loss of human life. Because of this increasing dependency on global network technology and the interconnectivity among the criminal justice community, the FBI CHS Division has recognized the need to provide critical intrusion information in as timely manner as possible to this community. The FBI CJIS Division proposes utilizing the Department of Justice Computer Emergency Response Team (DOJCERT) in conjunction with the Law Enforcement Online (LEO) as a mechanism for disseminating this vital information and providing assistance whenever possible. The aforementioned will be included in the CSIRC with all security-related incidents relating to CTAs being reported to the FBI CJIS Advisory Process ISO by the CTA ISO. The Interfacd Agency❑s ISO shall establish a security incident/violation response and reporting procedure to discover, investigate, document, and report on all security incidents/violations. Major violations (i.e., those that significantly endanger the security or integrity of the criminal justice agency systems) must be communicated to the criminal justice agency and the CJIS Advisory Process ISO. Conversely, DOJCERT will report any security-related incidents to the FBI NSD and the CJIS Advisory Process ISO for dissemination to the CTA ISOs. Subject: Definitions and Priorities Computer Security Incident: A computer security incident is an unexpected, unplanned event that could have a negative impact on information technology (IT) resources, and requires immediate action to prevent further negative impacts and/or violates security policies and/or circumvents security mechanisms. Threat: A threat is any circumstance or event with the potential to cause harm to an IT system in the form of destruction, disclosure, adverse modification of data, or denial of service. 29 A ❑Spectrum of Threats❑ as identified by the FBI Sensitive Intrusions--intrusions into sensitive governmental computer networks. Information Warfare--attacks by foreign militaries against our critical infrastructures. Foreign Intelligence Services--using cyber tools to gather information and espionage tradecraft. Terrorists--using information technology and the Internet to formulate plans, raise funds, spread propaganda, and communicate securely. Criminal Groups--cyber intrusions by groups who attack systems for purposes of monetary gain. Virus Writers--malicious actors who pose a serious threat to networks and systems worldwide. ❑Hactivism❑--politically motivated attacks on publicly accessible web pages or e-mail servers. ❑Recreational❑ Hackers or ❑Crackers❑--persons who crack into networks for the thrill of the challenge or for bragging rights in the hacker community. Insider Threat--a disgruntled insider with knowledge of the victims system. Vulnerability--A vulnerability is a weakness in an IT system (e.g., system security procedures, hardware, design, internal controls) that could be exploited. Priorities: Because incidents can have many possible consequences that range from slight to catastrophic, priorities must be considered when evaluating and dealing with incidents. The following five priorities have been outlined: Priority 1 - Protect human life and peoples safety; Priority 2 - Protect classified data; Priority 3 - Protect unclassified but sensitive data; Priority 4 - Prevent damage to systems (e.g., loss or alteration of system software and files, damage to disk drives, etc.) Priority 5 - Minimize disruption of computing resources. Revised as of 02/2002 Electronic version of this policy is located on LEO (Special Interest Groups/CJIS/CJIS Information/CJIS Policy and References Manual) Section III Systems Security. 30 CJIS SECURITY POLICY - GLOSSARY OF TERMS AND ACRONYMS The terms and definitions found within this document are to be considered in the context of their applicability to the CJIS Security Policy. Alternate definitions may exist for environments outside of the law enforcement community. Some terms may not be in the policy, but may still be useful. GLOSSARY OF TERMS Access - .opportunity to make use of an automated information system resource. The ability to have contact with a terminal from which a transaction may be initiated. Access Control - procedures and controls that limit or detect access to critical information resources. This can be accomplished through software or biometric devices or physical access to a controlled space. Access Level - the hierarchical portion of the security level used to identify the sensitivity of data and the clearance or authorization of users. Accreditation - authorization and approval granted to a major application or general support system to process in an operational environment. Designated technical personnel make the approval on the basis of a certification that the system meets pre-specified technical requirements for achieving adequate system security. Administration of Criminal Justice - the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record information; and criminal justice employment. Advanced Authentication - access management protocols (such as tokens or similar two factor authentication) employing single use, encrypted passwords for login procedures. Advanced Encryption Standard (AES) - will be a new Federal Information Processing Standard (FIPS) that will specify a cryptographic algorithm for use by U.S. Government organizations to protect sensitive (unclassified) information. The proposed algorithm is called Rijndael pronounced "Rhine Dahl" and is considered to provide the best combination of security, performance, efficiency, ease of implementation and flexibility. Automated Information System (AIS) - an assembly of computer hardware, firmware, and software configured to collect, create, communicate, compute, disseminate, process, store, and/or control data or information. Algorithms - complex mathematical formulae that are one component of encryption. Application-Level Firewall - a firewall system in which service is provided by processes that 1 maintain a connection state and sequencing while forwarding and filtering message traffic between external and internal hosts. Application-level firewalls (ALFs) often re-address traffic (a.k.a. network address translation) so that outgoing traffic appears to have originated from a range of addresses assigned to the firewall, rather than the address of the internal host. ALFs often provide remote access services (such as dial in/out), real time (or near real time) alerts and comprehensive logging of message traffic. See Firewall, Packet Filtering, Proxy. Application-Level Gateway (Firewall) - a firewall system in which service is provided by processes that maintain complete TCP connection state and sequencing. Application-level firewalls often re-address traffic so that outgoing traffic appears to have originated from the firewall, rather than the internal host. Assets - (people, systems, applications, data, and/or facilities) to guard against loss of integrity, confidentiality, accountability, and/or availability. Any information resource with value that is worth protecting or preserving. Asymmetric Key Cryptography - is based on a mathematical discovery in the 1970s: there exists pairs of numbers such that data encrypted with one member of the pair can be decrypted by the other member of the pair and by no other means. The number made known to the public is called the public key; the number kept secret is called the private key. Also called Public Key Cryptography. Attack - an attempt to bypass the physical or information security measures and controls protecting an AIS. The attack may alter, release, or deny data. Whether an attack will succeed depends on the vulnerability of the computer system and the effectiveness of existing countermeasures. See Penetration, Intrusion. Audit - the independent examination of records and activities to ensure compliance with established controls, policy, and operational procedures, and to recommend any indicated changes in controls, policy, or procedures. Audit Logging - the process of gathering and saving information in a written or automated electronic form to record the session initiation and termination messages, logins and failed login attempts, logout, file access or other various activities to include all forms of access violations such as attempts to access data beyond the level of authorized access. Audit Trail - a chronological record of system activities that is sufficient to enable the reconstruction, review, and examination of the sequence of environments and activities surrounding or leading to an operation, a procedure, or an event in a transaction from its inception to final results. This includes user login, file access, other various activities, and whether any actual or attempted security violations occurred, legitimate and unauthorized. Authenticate - to establish the validity of a claimed user or object. Authentication - to positively verify the identity of a user, device, or other entity in a computer system, often as a prerequisite to allowing access to resources in a system., The proof 2 of the unique alphanumeric identifier used to identify an authorized CJIS system user. See Identification. Authorization - the process determining what types of activities are permitted to a user. Usually, authorization is in the context of authentication. Once you have authenticated a user, they may be authorized different types of access or activity. Technical controls are often implemented to determine authorized actions, but may not fully define or restrict the scope as specified in organizational policy, procedure, or law. Authorized Access - the ability to perform an authorized transaction from a CJIS terminal device or having access to CJIS data that is routinely prohibited by organizational policy or law by satisfying the appropriate background checks, clearance and training. Automated Data Processing Telecommunications (ADPT) Security - the protection of automated information systems, to include the establishment and maintenance of protective measures that ensure a state of inviolability from hostile acts or influences. This includes the protection of hardware, programs, procedures, policies and physical safeguards that are put in place to assure the integrity and protection of information and the means of processing it. See Security Controls. Availability - timely, reliable access to data and information services for authorized users. Availability Protection - requires backup of system and information, contingency plans, disaster recovery plans, and redundancy. Examples of systems and information requiring n availability protection are time-share systems, mission-critical applications, time and attendance, financial, procurement, or life-critical. Back Door - a feature built into a program by its designer, which allows the designer special privileges that are denied to the normal users of the program. A back door in an EXE or COM program, for instance, could enable the designer to access special set-up functions. Background Check - a state and national 10-print fingerprint-based record check for all personnel, including appropriate IT personnel, having access to FBI CJIS systems information. Backup - a copy of files and applications made to avoid loss of data and facilitate recovery in the event of a system crash. Biometrics - automated methods of authenticating or verifying a user based on physical or behavioral characteristics. Bridge - (1) a device that connects two networks of the same type together. (2) a device that connects and passes packets between two network segments having the same data-link frame type. Buffer Overflow - this happens when more data is put into a buffer or holding area than the buffer can handle. This is due to a mismatch in processing rates between the producing and consuming processes. This can result in system crashes or the creation of a back door leading to 3 system access. Very popular with web-based attacks. Certificate - digital record holdingsecurity information about a user (generally, the user's public key for data encryption). Certification Authority (CA) - a body responsible for authenticating that the information in a digital user certificate (e.g., a public key for data encryption) is bound to the owner of the certificate. Certification - certification is the technical evaluation that establishes the extent to which a computer system, application, or network design and implementation meets a pre-specified set of security requirements. See Accreditation. Change Control - see Configuration Management. CHRI Criminal History Record Information - is arrest-based data and any derivative information from that record, i.e. descriptive data, FBI number, conviction status, sentencing data, incarceration, probation and parole information. Cipher - an algorithm for encryption and decryption in which arbitrary symbols or groups of symbols are used to represent plain text, or in which units of plain text are rearranged, or both. Ciphertext - encrypted data. CJIS Data - data considered to be criminal justice in nature to include images, files, records, and intelligence information. FBI CJIS data is information derived from the national CJIS system. CJIS Network - a telecommunications infrastructure dedicated to law enforcement users only. The usage of such a network by noncriminal justice entities dictates that it be considered a non- secure network. Client/Server Computing - a term used to describe distributed processing (computing) network systems in which transaction responsibilities are divided into two parts: client and server. A client is a requester of a service; a server is a provider of a service. Commercial Off-the-Shelf Software (COTS) - this software is a standard, commercial product, not developed -by a vendor for a particular project. Compromise - a breach of security policy involving unauthorized disclosure, modification, destruction, or loss of information, whether deliberate or unintentional. Computer - a machine that can be programmed in code to execute a set of instructions (program). In an automated information system, the term computer usually refers to the components inside the case: the motherboard, memory chips, and internal storage disk(s). 4 Computer Emergency Response Team - the people who are responsible for coordinating the response to virus incidents in an organization. Computer Incident Response Capability - a process for the collection and dissemination of incident-related information pertaining to the compromise, possible compromise, modification or destruction of information resources in an automated information system. Computer Network - a set of computers that are connected and able to exchange data. Computer Security - measures and controls that ensure confidentiality, integrity, and availability of AIS assets, including hardware, software, firmware, and information being processed, stored, and communicated. Synonymous with Information Systems Security. Computer Security Incident - any intrusion or attempted intrusion into an automated information system. Incidents can include probes of multiple computer systems. Organized or repetitive attacks may require an action and notification. Computer Security Incident Response Capability (CSIRC) - a set of policies and procedures defining security incidents and governing the actions to be taken when they occur. Confidential Information - information maintained by state agencies that is exempt from disclosure under the provisions of the Public Records Act or other applicable state or federal laws. The controlling factor for confidential information is dissemination. Criminal History Record Information (CHRI) is protected by Federal legislation. ' Confidentiality - assurance that information is not disclosed to unauthorized persons, processes, or devices. Confidentiality Protection - requires access controls such as user ID/passwords, terminal identifiers, restrictions on actions like read, write, delete, etc. Examples of confidentiality- protected information are personnel, financial, and proprietary information. Configuration - the physical format or design of a communications network. The physical topology of a communications network which includes end nodes, transmission nodes, and interconnecting data transmission lines to include routers, firewalls or encryption device locations. Configuration Control - process of controlling modifications to hardware, software, firmware, and documentation to ensure that an AIS is protected against improper modification before, during, and after system implementation. Configuration Management - management of security features and assurances through control of changes made to hardware, software, firmware, documentation, test, test fixtures, and test documentation throughout the life cycle of an automated information system. Contingency Plan - a plan maintained for emergency response, backup operations, and post- 5 disaster recovery for an AIS, to ensure availability of critical resources and to facilitate the continuity of operations in an emergency. Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. Control Terminal Agency (CTA) - is a duly authorized state, federal, or territorial criminal justice agency on the CJIS network providing statewide (or equivalent) service to its criminal justice users with respect to the CJIS data from various systems managed by the FBI CJIS Division. Control Terminal Officer (CTO) - an individual located within the CTA responsible for the administration of the CJIS network for the CTA. Crack - a popular hacking tool used to decode encrypted passwords. System administrators also use Crack to assess weak passwords by novice users in order to enhance the security of the AIS. Cracker - one who breaks security on an automated information system. Cracking - the techniques employed to break security of an automated information system, usually referred to as password cracking. Criminal Justice Agency (CJA) - the courts, a governmental agency, or any subunit of a governmental agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice. State and federal Inspectors General Offices are included. Criminal Justice Network - a telecommunication infrastructure dedicated to the use by criminal justice entities exchanging criminal justice data: Criminal Justice Purposes - see Administration of Criminal Justice. Critical Infrastructure - physical or cyber-based system essential to the minimum operations of the economy and government. CSIRC - See Computer Security Incident Response Capability. Data Encryption Standard (DES) - an encryption algorithm that has been endorsed by both the U.S. National Institute for Standards and Technology (N ST) and the American National Standards Institute (ANSI) as providing adequate security for unclassified information. Denial of Service - the result of any action or series of actions that prevent any part of an AIS from providing data or other services to authorized users. 6 Denial of Service (DoS) Attack - an attack on a network that is designed to bring the network to its knees by flooding it with useless traffic. Many DoS attacks, such as the Ping of Death and Teardrop attacks, exploit limitation in the TCP/IP protocols. For all known DoS attacks, there are software fixes that system administrators can install to limit the damage caused by the attacks. But, like viruses, new DoS attacks are constantly being dreamed up by hackers. Distributed Denial of Service - DDoS - organized simultaneous denial-of-service attacks from many different entities. DES - see Data Encryption Standard. Dial-Up - the service whereby a computer terminal can use the telephone to initiate and effect communication with a computer. Dial-Up Access - access to the system resources via an analog telephone line and a modem device. Dial-Up Line - a communications circuit that is established by a switched-circuit connection using the telephone network. Digital Signature - a cryptographic process used to assure the authenticity and non- repudiation of a message originator and/or the integrity of a message. A seal of confidence which enables a recipient of a message to authenticate the sender of a message and verify that the message was intact, or modified as it was sent. Disaster - a condition in which an information resource is unavailable, as a result of a natural or man-made occurrence, that is of sufficient duration to cause significant disruption in the accomplishment of agency program objectives, as determined by agency management. Disaster Recovery - the process of restoring an AIS to full operation after an interruption in service, including equipment repair/replacement, filer recovery/restoration, and resumption of service to users. Disclosure - unauthorized access to confidential or sensitive information. Encryption - the process of cryptographically converting plain text electronic data into a form unintelligible to anyone except the intended recipient. Ethernet - a distributed packet switching infrastructure connecting a group of machines together by high-speed cables to form a network. Facsimile Device - a terminal or device capable of sending a paper or electronic document via a fax or facsimile transmission protocol by converting and sending the document in an analog form and converting it back to an electronic or paper form on the receiving end. 7 FBI segment - is the network segment between the FBI CJIS systems and the federal, state or territorial interface agencies. The crypto devices for these segments are controlled by the FBI CJIS Division. Federal Service Coordinating Agency - is the Control Terminal Agency (CTA) for a federal entity. This agency may be the interface or switch to other federal agencies connecting to the FBI CJIS systems. Firewalls and Firewall-type devices - are access control mechanisms that act as barriers between two or more segments of a computer network or overall client/server architecture, used to protect internal networks or network segments from unauthorized users or processes. These mechanisms can be either hardware or software based. Hacking - unauthorized use or attempts to circumvent or bypass the security mechanisms of an information system or network. Information Security - is the result of any system of policies and/or procedures for identifying, controlling, and protecting from unauthorized disclosure, information whose protection is authorized by executive order or statute. Information Security Officer (ISO) - the person designated to administer the Control Terminal Agency's information security program. The ISO is the agency's internal and external point of contact for all information security matters and shall ensure that each local agency having access to a criminal justice network have a security point-of-contact (POC), see also Local Agency Security Officer (LASO). Integrity - the accuracy and completeness of information and assets and the authenticity of transactions. Intelligence Information - informant or surveillance information or information from the Violent Gang and Terrorist Organization File, convicted persons on supervised release file, deported felon file, convicted sexual offender registry file, or the historical protection order file. NCIC hot file data is not considered intelligence information. Interface Agency - the agency where the direct telecommunications line connected to the FBI CJIS systems is located. This agency may control and or house the physical connections, but may not necessarily be the managing authority or Control Terminal Agency (CTA). Interface Agency Segment - that portion of the CJIS telecommunications network which is under the control of the Interface Agency. Internet - a global system interconnecting computers and computer networks. The computers and networks are owned separately by a host of organizations, government agencies, companies, and colleges. The Internet is the present "information super highway." Internet Protocol (IP) - a communications protocol that routes packets of data. The address of 8 the destination system is used by intermediate routers to select a path through the network. See Transmission Control Protocol. Internet Protocol Security (IPSEC) - a protocol standardized by the Internet Engineering Task Force. IPSEC contains three components: authentication header (AH), a combination of authentication and encryption called encapsulating security payload (ESP), and key exchange. IPSEC enables support for multiple applications as it encrypts and authenticates at the IP level and does so transparently to the users. Interoperability - the ability of software to operate on a variety of platforms. Intranet - a private network for communications and sharing of information that, like the Internet, is based on TCP/IP, but is accessible only to authorized users within an organization. An organization's intranet is usually protected from external access by a firewall. Intrusion - any set of actions that attempt to compromise the integrity, confidentiality or availability of a resource. Intrusion Detection - pertaining to techniques which attempt to detect intrusion into a computer or network by observation of actions, security logs, or audit data. Detection of break- ins or attempts either manually or via software expert systems that operate on logs or other information available on the network. Intrusion Detection System (IDS) - a software package that collects information from a variety of system and network sources, analyzes the information stream for signs of misuse (attacks originating within the system or network) or intrusion (attacks or attempted attacks from outside), and reports the outcome of the detection process. Intrusions - any set of actions that attempt to compromise the integrity, confidentiality or availability of a resource. Key - a symbol or sequence of symbols applied to text in order to encrypt or decrypt. Key Escrow - the system of giving a piece of a key to each of a certain number of trustees such that the key can be recovered with the collaboration of all the trustees. Key Recovery - a secure means for backup and recovery of encryption key pairs. Local Agency Security Officer (LASO) - the local agency security point-of-contact (POC) for local agencies that have access to a state (CTA) criminal justice network. This POC could also be the Terminal Agency Coordinator (TAC). Local Area Network (LAN) - a data communications network spanning a limited geographical area, a few miles at most. It provides communication between computers and peripherals at relatively high data rates and relatively low error rates. Logging - the process of storing information about events that occurred on the firewall, host 9 system, or network. This process creates audit logs. Malicious Code - any program or piece of code designed to do damage to a system or the information it contains, or to prevent the system from being used in its normal manner. Malicious Program - source code incorporated into an application that directs an automated information system to perform an unauthorized, often destructive, action. Malicious Software - software which damages a system/network or circumvents a system's/network's technical controls or takes other illicit action. Message Authentication - ensures the message is received as it was sent without modification. Misuse - illicit activity that exploits system vulnerabilities or file access privileges. Modem - acronym for modulator-demodulator. A device or application that permits a computer to transmit data over telephone lines by converting digital data to an analog signal. Network - a collection of computers and other devices that are able to communicate or interchange information with each other over a shared wiring configuration. Such components may include automated information systems, packet switches, telecommunications controllers, key distribution centers, and technical control devices. Network Topology - the architectural layout of a network. Common topologies include bus (nodes connected to a single backbone cable), ring (nodes connected serially in a closed loop), and star (nodes connected to a central hub). See Network. Noncriminal Justice Agency (NCJA) - a governmental agency or any subunit thereof that provides services primarily for purposes other than the administration of criminal justice. Noncriminal justice purpose - the uses of criminal history records for purposes authorized by federal or state law other than purposes relating to the administration of criminal justice, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances. Non-repudiation - method by which the sender of data is provided with proof of delivery and the recipient is assured of the sender's identity, so that neither can later deny having processed the data. Originating Agency Identifiers (ORIs) - the original identifier between a local agency and the CTA can be the ORI, and/or other agency identifier (e.g., user identification (personal identifiers), access device pneumonic, Internet Protocol (IP) address, etc.). This serves to identify who sent the message, and through whieh neeess , as well as ensuring the proper level of access for each transaction. The agency performing the transaction is not necessarily the same as the agency requesting the transaction. 10 Password - a protected word or string of characters which serves as authentication of a person's identity (personal password), which may be used to grant or deny access to private or shared data (access password). See Robust Password. Peer-to-Peer Computing - as contrasted with client/server computing, peer-to-peer computing calls for each network device to run both client and server portions of an application. Physical Security - (1) The measures used to provide physical protection of resources against deliberate and accidental threats. (2) The protection of building sites and equipment (and information and software contained therein) from theft, vandalism, natural and manmade disasters, and accidental damage. Plaintext - Unencrypted data. Private Key Cryptography - an encryption methodology in which the encryptor and decryptor use the same key, which must be kept secret. This methodology is usually only used by a small group. Proprietary - belonging to a single company who has legal right and/or ownership of, as a trademark, patent, process, etc. Protocol - a set of rules for communication between computers. These govern format, timing, sequencing, and error control. These are the rules for communicating. Without these rules, the computer won't make sense of the stream of incoming bits. There can be sets of protocols in some networks, with each protocol handling rules for a subset of the entire task of communication. Public Switched Telephone Network (PSTN) - refers to the telephone network or a switching system providing circuit switching to many customers including law enforcement and non-law enforcement data. Public Key Cryptography - a type of cryptography in which the encryption process is publicly available and unprotected, but in which a part of the decryption key is protected so that only a party with knowledge of both parts of the decryption process can decrypt the cipher text. See Asymmetric Key Cryptography. Public Key Infrastructure (PKI) - a system of certification authorities (CAs) (and, optionally, registration authorities (RAs) and other supporting servers and agents) that perform some set of certificate management, archive management, key management, and token management functions for a community of users in an application of asymmetric cryptography. Public Network Segment - A Opublic network❑ segment for CJIS purposes is defined as a telecommunication, infrastructure consisting of network components that are not owned, operated, and managed solely by a criminal justice agency. This includes, but is not limited to, a common carrier ATM or Frame Relay network where by virtue of their design, the redundancy 11 that is provided, is done so through the use of shared public switches within the network cloud. Dedicated criminal justice local area networks that contain no public network components are not considered public networks. Real-time Monitoring - observing activity on a system, network, or line at the moment it actually is taking place. Remote Access - use of a modem and communications software to connect to a computer network from a distant location via a telephone line or wireless connection. Residual CJIS Data - is CJIS data left in storage (hard drive) after processing operations are complete, but before degaussing or rewriting has taken place. Any data left in a file from previous CJIS transactions that is not purged or encrypted is susceptible to unauthorized access, as in the case of also having Internet access from CJIS terminals or workstations. Risk - a combination of the likelihood that a threat will occur, the likelihood that a threat occurrence will result in an adverse impact, and the severity of the resulting adverse impact. Reducing either the threat or the vulnerability reduces the risk. Risk Analysis - an analysis of system assets and vulnerabilities to establish an expected loss from certain events based on estimated probabilities of occurrence. Risk Assessment - a study of vulnerabilities, threats, likelihood, loss or impact, and theoretical effectiveness of security measures. The process of evaluating threats and vulnerabilities, known and postulated, to determine expected loss and establish the degree of acceptability to system operations. Risk Management - the total process of identifying, measuring, and minimizing uncertain events affecting AIS resources. It includes risk analysis, cost benefit analysis, safeguard selection, security test and evaluation, safeguard implementation, and systems review. Robust Password - is a password consisting of a combination of upper and lower case alphanumeric or special characters at least eight characters in length, and not a dictionary word, or a foreign language word or a proper name. Router - an interconnection device that is similar to a bridge but serves packets or frames containing certain protocols. Secondary Dissemination - the re-dissemination of FBI CJIS data or records from an authorized agency that has direct access to the data to another authorized agency. Security Addendum - a uniform addendum to an agreement between the government agency and a private contractor, approved by the Attorney General of the United States, which specifically authorizes access to criminal history record information, limits the use of the information to the purposes for which it is provided, ensures the security and confidentiality of the information consistent with existing regulations, provides for sanctions, and contains such other provisions as the Attorney General may require. 12 Security Control - hardware, programs, procedures, policies, and physical safeguards that are put in place to assure the integrity and protection of information and the means of processing it. The ability of a criminal justice agency to set, maintain, and enforce standards for the selection, supervision, and termination of personnel and policy governing the operation of computers, access devices, circuits, hubs, routers, firewalls, and other components that make up and support a telecommunications network and related CJIS systems used to process, store, or transmit criminal justice information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Security Incident - any act or circumstance that involves CJIS data that deviates from the requirements of the CJIS Security Policy or state and Federal governing statutes. For example, compromise, possible compromise, inadvertent disclosure, and deviation. Security Incident or Breach - an event that results in unauthorized, access, loss, disclosure, modification, or destruction of information resources, whether accidental or deliberate. Security Requirements - types and levels of protection necessary for a system to maintain an acceptable level of security. Security Measures - protective safeguards and controls that are prescribed to meet the security requirements specified for an automated information system. These safeguards may include, but are not necessarily limited to, hardware and software security features; operation procedures; accountability procedures; access and distribution controls; management constraints; personnel security; and physical structures, areas, and devices. Sensitive Information' - information maintained by state agencies that requires special precautions to protect it from unauthorized modification or deletion. Sensitive information may be either public or confidential. The controlling factor for sensitive information is that of integrity. Shared Network Systems - a network whose resources are available to several systems and the traffic is intermingled within one network. Single Source Participant - a state's central repository serves as the sole conduit for the transmission of arrest, judicial, and correctional fingerprint cards for criterion offenses within the state to the FBI. Smart Card - a card or token containing electronic memory or possibly an embedded integrated circuit (IC), used to authenticate a user. The card may contain user information, an encryption algorithm, or even an encoded image. Sniffer - a program to capture data across a computer network. Used by hackers to capture user names and passwords. Software tool that audits and identifies network traffic packets. It is 13 also used legitimately by network operations and maintenance personnel to troubleshoot network problems. Social Engineering - an attack based on deceiving users or administrators at the target site. Social engineering attacks are typically carried out by telephoning users, administrators or operators and pretending to be an authorized user, to attempt to gain illicit access to systems. See Incident. Spoofing - unauthorized use of legitimate identification and authentication data, such as user IDs and passwords, by an intruder to impersonate an authorized user or process to gain access to an AIS or data on it. SSL (Secure Socket Layer) a session layer protocol that provides authentication and confidentiality to applications. Standalone System - a system that is physically and electrically isolated from all other systems, has no internal network connections and has no ability to share information between a secure and non-secure environment. It is intended to be used by one person at a time, with no data belonging to other users remaining available to the system. System Compromise - a successful attempt which results in the integrity of the system being threatened. Symmetric Key Cryptography - two or more parties share the same key, which is used both to encrypt and decrypt data. System Integrity - optimal functioning of an automated information system, free from unauthorized impairment or manipulation. System Life Cycle - the span of time from a system's conception to its demise; to include design specifications, upgrades, modifications, configuration management, version control, etc., until it's replacement takes over. Tampering - an unauthorized modification that alters the proper functioning of an equipment or system in a manner that degrades the security or functionality it provides. TCP/IP - Transmission Control Protocol/Intemetwork Protocol. The suite of protocols the Internet is based on. Technical Controls - consists of hardware and software controls used to provide automated protections to the system or applications. Technical controls operate within the technical system and applications. Terminal Agency Coordinator (TAC) - a designated point-of-contact at a terminal agency with overall responsibility of all NCIC related matters. Theft - to steal a resource or a bit of data, or to use a resource for other than its intended 14 purpose, or to pilfer or copy another's data for personal use or profit. Threat - an activity, deliberate or unintentional, with the potential for causing harm to an automated information system or activity. Token Devices - a device for authenticating a user, similar to a smart card. A token device can contain user information or an encryption algorithm. Trojan Horse - destructive programs, usually viruses or worms, that are hidden in an attractive or innocent-looking piece of software, such as a game or graphics program. Victims may receive a Trojan horse program by e-mail or on a diskette, often from another unknowing victim, or may be urged to download a file from a Web site. Unauthorized Access - illegally obtaining access to an area, system or resource that has been designated for authorized personnel only. Unprotected Domain - any computer network that lacks protection of its resources. User Agreements - a current, signed written agreement with the appropriate signatory authority of the CTA that will authorize the provision of said access set forth within the agreement. The agreement will refer to the necessary security-related provisions therein. User ID Identification - any of several methods utilizing a unique symbol or character string used by an automated information system to recognize a specific user. Virtual Private Network (VPN) - a network that appears to be a single protected network behind firewalls, which actually encompasses encrypted virtual links over untrusted networks. Virus - a small, self-replicating , malicious program that attaches itself to an executable file or vulnerable application and delivers a payload that ranges from annoying to extremely destructive. A file virus executes when an infected file is accessed. Virus Detection - a process or program that detects, identifies, and filters viruses. Virus detection software must be constantly updated to keep up with the virus variants that emerge from the wild, especially from the Internet community. Vulnerability - a vulnerability is a weakness in an automated information system (e.g., system security procedures, hardware, design, internal controls) that could be exploited to cause harm. Wireless - a telecommunication path that does not require a land-line infrastructure. Many of the preceding definitions are from the Texas Department of Information Resources document, dated March 2000, entitled "Practices for Protecting Information Resources Assets". GLOSSARY OF ACRONYMS 15 ADPT Automated Data Processing and Telecommunications AES Advanced Encryption Standard AIS Automated Information System ANSI American National Standards Institute APB Advisory Policy Board CA Certification Authority CAO Contract Administration Office CDPD Cellular Digital Packet Data CHRI Criminal History Record Information CIRC Computer Incident Response Capability CJA Criminal Justice Agency CJIS Criminal Justice Information Services CM Configuration Management COTS Commercial-off-the-Shelf CSIRC Computer Security Incident Response Capability CTA Control Terminal Agency CTO Control Terminal Officer DES Data Encryption Standard DFE Designated Federal Employee DOJ Department of Justice DoS Denial of Service FBI Federal Bureau of Investigation 16 FIPS Federal Information Processing Standards FSC Federal Service Coordinator FTP File Transfer Protocol HTML Hypertext Markup Language HTTP Hypertext Transfer Protocol IAFIS Integrated Automated Fingerprint Identification System IDS Intrusion Detection System III Interstate Identification Index INFOSEC Information Security IP Internet Protocol IPSEC (IP) Internet Protocol (SEC) Security ISO Information Security Officer ISP Internet Service Provider IT Information Technology LAN Local Area Network LASO Local Agency Security Officer MDT Mobile Digital Terminal NCIC National Crime Information Center NICS National Instant Criminal Background Check System NIPC National Infrastructure Protection Center NLETS National Law Enforcement Telecommunications System ORI Originating Agency Identifier PKI Public Key Infrastructure QA Quality Assurance 17 RSA Rivest-Shamir-Adelman Public Key Encryption Algorithm SA Security & Access SSL Secure Socket Layer TAC Terminal Agency Coordinator TCP/IP Transmission Control Protocol/Internet Protocol VPN Virtual Private Network WAN Wide Area Network 18 ATTACHMENT C MEMORANDUM TIGARD POLICE DEPARTMENT DATE: February 2, 2005 TO: Chief Bill Dickinson FROM: Brenda Abbott 6/ VIA: Assistant Chief Orr SUBJECT: MDC Committee Recomendation As you know, in order to meet new LEDS security standards TPD began planning for new MDCs in August of 2003. Shortly thereafter the newly formed MDC Committee(') began meeting regularly to identify criteria and evaluate MDCs. The committee was tasked with two objectives: to make recommendations to you for both the MDC and the digital video product selection. Please consider. this memo the Committee's formal recommendation. The digital video recommendaiton will follow shortly.. " RECOMMENDATION: The MDC Committee unanimously recommends the Department outfit our fleet with Motorola MW800 MDCs. Among other advantages, the installation of these MDCs will lay the foundation for our agency becoming CJIS complaint by September 2005. PROCESS: MDC Committee members evaluated six different MDC vendors: Motorola, Visteon, Itronix, SecureEye, Data911, and Panasonic. Five of these six vendors were evaluated either in-car or in- house. The longest evaluation was beyond eight weeks, and the shortest was one week.. The committee members initially evaluated the systems; upon completion of their review the opportunity was provided to all Patrol Officers. Evaluation sheets were provided in each of the demonstration vehicles. The Committee met regularly to discuss the systems evaluated and review the evaluation summaries provided by participating officers. CRITERIA: WCCCA provided an MDC standard which was used as a guideline by the Committee. Many vendors were not evaluated on site or considered closely because they did not meet these standards. The primary factors under consideration were the quality of the keyboard, monitor, and CPU, as well as manufacturer service records, the number of installs nationally and locally, the vendor's reputation, the hardware configurations available, and the number and usefullness of customizations. Among the most important features to Patrol personnel were the keybaord and monitor. Keyboard Ease of use of the keyboard, key responsivness, the key distribution, the size of the keys, the footprint of the keyboard itself, the type of back-lighting available, and whether or not the unit was sturdy and liquid-resistent were all evaluted carefully by the officers. More officers liked this keyboard than any other. Dis la The responsiveness and reaction of the touch-screen monitor is crucial to operating the MDCs efficiently and with ease. If an MDC screen doesn't respond exactly as expected, Officers must redirect their full attention to the display, which is problematic on many levels. The adjustments available to screen brightness or position were considered and carefully evaluated. Obviously, the quality of the image was of major importance. The Motorola monitor quickly became the standard by which other units were evaluated. The responsiveness of Motorola's touch screen was far superior to any. other product evaluated. Processor Many of the units had similar hardware configurations. The Motorola however, was by far the fastest to boot-up and far outperformed the other units with regard up-time versus down-time. The default settings with regard to starting and shutting down the system were acceptable, consequently the Motorola MW800 would require less customization in these areas after purchase. The Motorola CPU is considerably smaller than many others evaluated, which is appealing given the price of "real-estate" in the cars. Other Factors Several of the larger area agencies are proceeding with Motorola as well. There is inherent value in compatiability between agencies, if for no other reason than the helpful sharing of troubleshooting tips and aids. Additionally, Motorola products are on the state contract which facilitates the sometimes time consuming purchasing process. I can provide additional detail if necessary, but suffice to say I agree with the Committee's recommendation. Upon your written approval I will order the first group of MDCs to begin testing. Three of these MDCs will be installed into the three recently purchased vehicles. Although this represents a significant milestone in our effort to become CJIS complaint, the project is far from over; I'll continue to keep you informed of progress via Assistant Chief Orr: Respectfully, Brenda Abbott MDC Project Coordinator c: All MDC Committee Members The Committee members are: Officers Cameron Odam, Jeff Lain, Andy Pastore, Mike Davis; Training Coordinator Dennis Dirren, Supervisors Eskew, Boothby, deSully, Analyst Brenda Abbott, Assistant Chief Alan Orr, and Public Works Fleet Maintenance Supervisor Ben Tracy. PURCHASE REQUISITION ATTACHMENT D CITY OF TIGARD 13125 SW Hall Blvd. Date: February 22, 2005 Tigard, Oregon 97223 From: Brenda Abbott (503) 639-4171 Fax (503) 639-1471 Dept: PD TO: Motorola Address: 14845 SW Murray Schools Dr., Ste 110 Address: PMB #111 City/St/Zip: Beaverton OR 97007 Phone: 503 295 7871 Fax: 503 295 7930 Email: Joseph.fariasca-)motorola.com Fed ID No.: (For Services Only) DELIVER TO: ❑ 13125 SW HALL BLVD ❑ 8720 SW BURNHAM STREET ❑ 12800 SW ASH STREET ® 8777 SW BURNHAM STREET ATTN: Ben Tracy, Fleet Services Supervisor Qty Vendor Item Description Dept / Unit Price Extended No. Account No. Price 25 F5207 MW 800 W/40GB HD 2,322.00 58,050.00 25 VA00258 ADD: 1.5GHZ PENTIUM 4-M PROCESSOR 0.00 0.00 25 VA00038 ENH: WINDOWS XP PRO OS MW 800 US 215.00 5,375.00 25 VA00042 ADD: 512MB DDRAM, MW800 129.00 3,225.00 25 VA00044 ADD: COLOR DISPLAY 12.1" XGA 1200NIT HB. TOUCH 2,403.70 60,092.50 SCREEN 25 V648 ADD: 17FT (5.2M) DISPLAY-CPU CBL, MW800 81.70 2,042.50 25 VA00045 ADD: KEYBOARD, USB, BACKLIT, US, MW800 210.70 5,267.50 25 V145 ADD: INTERNAL GPS RECEIVED 387.00 9,675.00 25 VA00057 ADD: PRIVATE DATEC RADIO 35W 800 MHZ VRM850 1,281.40 32,035.00 25 RRA4983 800 MHZ ANTENNA (FOR VRM CONNECTIVITY) 41.65 1,041.25 25 DSSD18400 STANDAORD VEH MOUNT FOR NW800 W/TRUNNION 489.60 12,240.00 /CPU M BRACKET 0.00 0.00 Shipping and Handling 0.00 0.00 Comments: TOTAL 7,561.751 189, 043.75 Page 1 of 2 APPROVALS: APPROPRIATION BALANCE: AS OF: PURCHASING AGENT: APPROVALS: (IF UNDER $50) DEPARTMENT DESIGNEE: (IF UNDER $2500) DEPARTMENT DESIGNEE: (IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: (IF UNDER $25000) CITY MANAGER: (IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE: (IF OVER $2500) CITY MANAGER: is tcitywide\templatetpurchreq. dot Page 2 of 2 PURCHASE REQUISITION ATTACHMENT D CITY OF TIGARD 13125 SW Hall Blvd. Date: February 22, 2005 Tigard, Oregon 97223 From: Brenda Abbott (503) 639-4171 Fax (503) 639-1471 Dept: PD TO: Motorola Address: 14845 SW Murray Schools Dr., Ste 110 Address: PMB #111 City/St/Zip: Beaverton OR 97007 Phone: 503 295 7871 Fax: 503 295 7930 Email: Joseph.farias(&-motorola.com Fed ID No.: (For Services Only) DELIVER TO: ❑ 13125 SW HALL BLVD ❑ 8720 SW BURNHAM STREET ❑ 12800 SW ASH STREET ® 8777 SW BURNHAM STREET ATTN: Ben Tracy, Fleet Services Supervisor Qty Vendor Item Description Dept / Unit Price Extended No. Account No. Price 6 F5207 MW 800 W/40GB HD 2,322.00 13,932.00 6 VA00258 ADD: 1.5GHZ PENTIUM 4-M PROCESSOR 0.00 0.00 6 VA00038 ENH: WINDOWS XP PRO OS MW 800 US 215.00 1,290.00 6 VA00042 ADD: 512MB DDRAM, MW800 129.00 774.00 6 VA00044 ADD: COLOR DISPLAY 12.1" XGA 1200NIT HB. TOUCH 2,403.70 14,422.20 SCREEN 6 V648 ADD: 17FT (5.2M) DISPLAY-CPU CBL, MW800 81.70 490.20 6 VA00045 ADD: KEYBOARD, USB, BACKLIT, US, MW800 210.70 1,264.20 6 V056 ADD: CPU U-SHAPED BRACKET 22.36 134.16 6 V145 ADD: INTERNAL GPS RECEIVED 387.00 2,322.00 6 VA00057 ADD: PRIVATE DATEC RADIO 35W 800 MHZ VRM850 1,281.40 7,688.40 6 RRA4983 800 MHZ ANTENNA (FOR VRM CONNECTIVITY) 41.65 249.90 6 DSSDI8410 DALLAS STYLE MOUNT FOR MW800 405.00 2,430.00 0.00 0.00 Shipping and Handling 0.00 0.00 Comments: TOTAL 7,499.51 44,997.06 Page 1 of 2 APPROVALS: APPROPRIATION BALANCE: AS OF: PURCHASING AGENT: APPROVALS: (IF UNDER $50) DEPARTMENT DESIGNEE: (IF UNDER $2500) DEPARTMENT DESIGNEE: (IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: (IF UNDER $25000) CITY MANAGER: (IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE: (IF OVER $2500) CITY MANAGER: is tcitywideuempletelpurchreq. dot Page 2 of 2 AGENDA ITEM # 3, q b, FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for Structural Plan Review Services to Miller Consulting Engineers, Inc. PREPARED BY: Gary Lampella DEPT HEAD OK Y MGR OK ISSUE BEFORE THE COUNCIL Shall the LCRB approve the award of a structural plan review services contract to Miller Consulting Engineers? STAFF RECOMMENDATION Final award of the structural plan review services contract should be granted to Miller Consulting Engineers. INFORMATION SUMMARY Over the past four years, the Building Division has seen a dramatic increase in the level of building activity in the City of Tigard. Along with this activity, staff has discovered that the level of complexity in construction of buildings has also increased. The complex level of construction requires that buildings be sound and still meet all code requirements mandated by the State of Oregon and the Tigard Municipal Code. Currently, there are short term requirements stated in OAR 918-020-0090 (3)(b) requiring structural engineers to review complex and essential facilities. These requirements state that the City must employ or contract with a person licensed, registered or certified to provide consultation and advice on plan reviews as deemed necessary by the Building Official based on the complexity and scope of its customers' needs. As a response to these requirements, staff conducted a formal request for proposal (RFP) process in order to locate a qualified firm that specializes in engineering and structural services. The City received 7 proposals in response to the process. After a detailed evaluation of the submitted proposals, staff has determined that Miller Consulting Engineers is the best vendor to provide these services. Staff recommends,that the LCRB approve the award of a contract to Miller Consulting Engineers due to their proven knowledge of state and local codes in addition to their reputation for providing structural plans review services in a timely and efficient manner. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A c ATTACHMENT LIST None FISCAL NOTES The cost to provide these services will not exceed $65,000 and will be funded from the Building Fund which is a dedicated funding source. The Building Division collects a structural plan review fee at the time of permit application. The contract firm is compensated at a rate of 33% of this fee for standard structures and 40% for hazardous or essential facilities. The remainder of this fee goes into the appropriate Building Division revenue fund. There is no additional budgetary funding required. e AGENDA ITEM No. 4 Date: March 8, 2005 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (Informational) Finalize Formation of Sanitary Sewer Reimbursement District No. 30 (SW 121St Avenue) Due to Time Constraints City Council May Impose A Time Limit on Testimony I:tamntpieeMity counW% slpnuptph testimony inlonnational.doc AGENDA ITEM No. 4 March 8, 2005 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name,,Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. r; ' I AGENDA ITEM # FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalization of the Formation of Sanitary Sewer Reimbursement District No. 30 (SW 121St Avenue) PREPARED BY: G. BeLry k ~-15- DEPT HEAD OK CITY MGR OK (JI ISSUE BEFORE THE COUNCIL Finalize Sewer Reimbursement District No. 30, established to construct sanitary sewers in SW 121St Avenue as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approve the proposed resolution finalizing Reimbursement District No. 30 as modified by the Final City Engineer's Report. INFORMATION SUMMARY Council approved the formation of Reimbursement District No. 30 by Resolution No. 04-53 on July 13, 2004. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. Through the City's Neighborhood Sewer Extension Program, the City has installed public sewers to each lot within the Reimbursement District. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, property owners must pay a connection fee, currently $2,535, and are responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. There is no requirement to connect to the sewer or pay any fee until connection is made. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 04-53 Attachment 3- Vicinity Map Attachment 4- Communication Plan Attachment 5- Notice to Owners Attachment 6- Mailing List Attachment 7- Resolution No. 01-46 Attachment 8- Resolution No. 03-55 FISCAL NOTES The final cost of the project is $825,895, 5% less than the estimated cost of $869,986. These amounts include the cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. IAen01020VeimMusemem disldcts130 121stlOnaa3-08.05 relm disc 30 ais.doe A4 /4 C h r)'16 ►v T CITY OF TIGARD, OREGON RESOLUTION NO. 04- 63 A RESOLUTION ESTABLISHING SANITARY SEWER REMMURSEMENT DISTRICT NO. 30 (SW 121 ST AVENUE.) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 30", attached hereto as Exhibit A, is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 30, SW 1215` Avenue." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. SECTION 6 This resolution is effective upon passage. PASSED: This tl-h day of 39-64 2004. Mayor - ity of Tigard ATTEST: Jane McGarvin, Deputy City Recorder RESOLUTION NO. 04- s3 Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 30 (SW 121St Avenue) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,535, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the sixty-seven lots in the following Schedule A list will require the extension of an existing sewer at SW 121St Avenue and Tippit Place. The three lots along the east side of SW 121 st Avenue and south of Howard Drive currently may be served by an existing line along their SW 121St Street frontage. The purpose of including these three lots in the proposed district is to provide each lot with a service line to the mainline in the street. Because the work required to provide service to the lots listed in Schedule A differ in character from those in Schedule B, different methods of assigning costs are proposed. The proposed project would provide sewer service to total of seventy lots as shown on Exhibit Map B. Tax lot 800 is a 1.6 acre undeveloped lot between Alberta Street and James Road without access to a right-of-way. This lot is not proposed to be included in the district since the lot will not have access to the proposed sewer in Alberta Street. Providing service to this lot would require construction of a public sewer across other privately owned lots to reach the proposed Alberta Street sewer. This work would most likely be accomplished by the owner of the lot. The feasibility of such a project and the availability of the easements required for this construction are unknown. However, if the owner of the lot finds the project to be feasible, the line will be available for development of the lot although it is not included in the district. Cost The estimated cost for the sanitary sewer construction to provide service to the sixty- seven lots in Schedule A is $754,001. Engineering and inspection fees amount to $101,790 (13.5%) as defined in TMC 13.09.040(1). The estimated cost for the sanitary Engineering Report - District # 30- 121St Avenue Sanitary Sewer Extension Page 1 of 7 sewer connection lines to the three lots in Schedule B is $12,506. Engineering and inspection fees amount to $1,688 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $869,986. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,535 connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties within Schedule A are zoned R-4.5 but vary in lot size from 51,000 to 11,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of this portion of the project be divided among the sixty-seven properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. The cost of providing service lines to each of the three lots of Schedule B will be equal. Therefore, it is recommended that the total cost of this portion of the project be divided .equally among the three lots. For the lots within the Schedule A portion of the project, each property owner's estimated fair share of the public sewer line is $0.69 per square foot of the lot served. For the lots within the Schedule B portion of the project, each property owner's estimated fair share is $4,732. Each owner's fair share would be limited to $6,000 to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution 03- 55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Engineering Report - District # 30 - 12 151 Avenue Sanitary Sewer Extension Page 2 of 7 Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted June 28, 2004 Q P_ a- Ag n P. Duenas, P.E. City Engineer I:tenOt2004-2005 y cip\121st sanitary reimbursement dist #30kity council famaWnV-1304 relm dist 30 report app a,doc Engineering Report - District # 30 - 12 15` Avenue Sanitary Sewer Extension Page 3 of 7 Reimbursment District No. 30 Schedule A Estimated Cost to Property Owners ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER 1 BEATY NORMA A 12170 SW JAMES ST 2S103CB02200 19996 $13,848 $6,000 $7,848 2 BECKER GORDON S 12905 SW 121ST AVE 2S103BC01700 14857 $10,289 $6,000 $4,289 3 BERGSTROM EDWARD A 12165 SW MARION ST 2S103CB02600 15950 $11,046 $6,000 $5,046 4 BERINGER BRIAN J & ANN L 12290 SW MARION ST 2S103CB04100 14850 $10,284 $6,000 $4,284 5 BETTENCOURT RICHARD ELLIS 13240 SW 121ST AVE 2S103CA00303 51494 $35,660 $26,660 $9,000 6 BORST DONNA S 12150 SW JAMES ST 2S103CB02300 19963 $13,825 $6,000 $7,825 7 BRUNNER LANE E & CYNTHIA M 12240 SW JAMES ST 2S103CB01900 19998 $13,849 $6,000 $7,849 8 BUCHHOLZ KYLE J 12120 SW ALBERTA ST 2S103BC02700 17029 $11,793 $6,000 $5,793 9 CHAVEZ JAIME A & KAREN 12295 SW ALBERTA ST 2S103BC02300 15111 $10,465 $6,000 $4,465 10 CONN ALISSA L & MICHAEL L 12240 SW ALBERTA ST 2S103BC03100 15128 $10,476 $6,000 $4,476 11 DAHL STEPHEN MARION S 12170 SW MARION ST 2S103CB04700 16234 $11,242 $6,000 $5,242 12 DAWES RICHARD C & LISA A 12205 SW ALBERTA ST 2S103BC02000 15111 $10,465 $6,000 $4,465 13 DELANO NELLIE M & GARY W 12185 SW MARION ST 2S103CB02601 15950 $11,046 $6,000 $5,046 14 DENKER LES & DEBBIE 12260 SW JAMES ST 2S103CB01800 20139 $13,947 $6,000 $7,947 15 DUNNING DRAKE D 12745 SW 121ST AVE 2S103BC01400 14057 $9,735 $6,000 $3,735 16 ENG DEAN 13235 SW 121ST AVE 2S103CB02500 15681 $10,859 $6,000 $4,859 17 GENTIS STEVEN W 12175 SW ALBERTA ST 2S103BC01900 15111 $10,465 $6,000 $4,465 18 GROSSE' FAMILY TRUST 12185 SW JAMES ST 2S103CB00500 16284 $11,277 $6,000 $5,277 19 HARRIS RONALD C AND LILA S 12285 SW MARION ST 2S103CB03001 15951 $11,046 $6,000 $5,046 20 IVERSON LARRY T & SANDRA L 12220 SW JAMES ST 2S103CB02000 20000 $13,850 $6,000 $7,850 21 JAGOSH JOHN 12145 SW JAMES ST 2S103CB00300 21976 $15,219 $6,219 $9,000 22 JOHNSON H DALE AND 12245 SW MARION ST 2S103CB02900 15951 $11,046 $6,000 $5,046 23 RUTH WOOD JONES HOLDINGS LLC 121ST AVE (VACANT) 2S103CA00309 19567 $13,550 $6,000 $7,550 24 RUTH WOOD JONES HOLDINGS LLC 121ST AVE (VACANT) 2S103CA00310 17663 $12,232 $6,000 $6,232 25 RUTH WOOD JONES HOLDINGS LLC 121ST AVE (VACANT) 2S103CA00311 17662 $12,231 $6,000 $6,231 26 JONES RICHARD W 12190 SW MARION ST 2S103CB04600 15658 $10,843 $6,000 $4,843 27 JOSEPH BRENDA M 11905 SW FONNER ST 2S103BD03700 15207 $10,531 • $6,000 $4,531 28 KAUSLER WILLIAM M & MELISSA J 12225 SW MARION ST 2S103CB02800 15951 $11,046 $6,000 $5,046 29 KELLY DANIEL D & MELODIE 12180 SW ALBERTA ST 2S103BC02900 15128 $10,476 $6,000 $4,476 30 KIRCHER ROBERT B 12970 SW 121ST AVE 2S1036D03500 19331 $13,387 $6,000 $7,387 31 LANCASTER MICHAELT 13035 SW 121 STAVE 2S103CB00100 19934 $13,805 $6,000 $7,805 32 LAPLANTE FELIX F AND SALLY J 12145 SW ALBERTA ST 2S103BC01800 15111 $10,465 $6,000 $4,465 33 LEAR JOE JR & JOANN 13065 SW 121ST AVE 2S103CB00200 15998 $11,079 $6,000 $5,079 34 LOFGREN RICHARD W & PATRICIA M 11935 SW FONNER ST 2S103BD03600 16838 $11,661 $6,000 $5,661 35 MENDE MICHAEL FONNER 2S103CA00301 18238 $12,630 $6,000 $6,630 36 MUNSON KURT R AND JULIA H 12205 SW MARION ST 2S103CB02700 15951 $11,046 $6,000 $5,046 37 NASH FAMILY REV LIV TRUST 12270 SW ALBERTA ST 2S103BC03200 15128 $10,476 $6,000 $4,476 38 NORRIS LONNIE D AND 13300 SW 121 ST AVE 2S103CA00500 23445 $16,236 $7,236 $9,000 39 NORTON CLAYTON E 12210 SW MARION ST 2S103CB04500 15820 $10,956 $6,000 $4,956 40 OLIVER CHARLES A/BETH M 12300 SW ALBERTA ST 2S103BC03300 15128 $10,476 $6,000 $4,476 41 OSGOOD CHERYL 12845 SW 121ST AVE 2S103BC01600 15586 $10,794 $6,000 $4,794 42 OTTING JOHN H 12210 SW ALBERTA ST 2S103BC03000 15128 $10,476 $6,000 $4,476 43 OWNBEY DAVID LLOYD 12230 SW MARION ST 2S103CB04400 15185 $10,516 $6,000 $4,516 44 PALACIOS ARMANDO & PATRICIA & 12920 SW 121ST AVE 2S103BDO3400 22686 $15,710 $6,710 $9,000 45 PARKER BENJAMIN J & KIMBERLY A 13305 SW 121ST AVE 2S103CB04800 18358 $12,713 $6,000 $6,713 46 PEDERSEN NORMAN LEROY & ALICE M 12265 SW ALBERTA ST 2S103BC02200 15111 $10,465 $6,000 $4,465 47 PETITT THOMAS J & ERIN D 13400 SW 121ST AVE 2S103CA00603 23467 $16,251 $7,251 $9,000 48 PRICE JOHN H & NORMA J 12270 SW MARION ST 2S103CB04200 15139 $10,484 $6,000 $4,484 49 RAMIREZ EDUARDO & LUCIA 12840 SW 121ST AVE 2S103BD03200 11424 $7,911 $6,000 $1,911 50 REED GEORGIA J LIVING TRUST 12795 SW 121ST AVE 2S103BC01500 15589 $10,796 $6,000 $4,796 51 SCHMIDTMANN BRANDT & KAREN K 12215 SW JAMES ST 2S103CB00600 28973 $20,064 $11,064 $9,000 52 SCHMIDTMANN BRANDT & KAREN K JAMES RD 2S103CB00501 12688 $8,787 $6,000 $2,787 53 SELNER JOHN JOSEPH & MAXINE ELL 12280 SW JAMES ST 2S103CB01701 17314 $11,990 $6,000 $5,990 54 SHEPHERD NICHOLAS M 12265 SW MARION ST 2S103CB03000 15951 $11,046 $6,000 $5,046 55 SITZMAN DEANE D/ANNA L 12235 SW ALBERTA ST 2S103BC02100 15111 $10,465 $6,000 $4,465 56 SJULIN-GREGER FAMILY TRUST 13360 SW 121ST AVE 2S103CA00602 14989 $10,380 $6,000 $4,380 57 SMITH SANDRA T 12880 SW 121ST AVE 2S103BD03300 23524 $16,291 $7,291 $9,000 58 SPANGLER JAMES P & KAREN L 13270 SW 121ST AVE 2S103CA00400 22717 $15,732 $6,732 $9,000 59 STAEHNKE BENJAMIN M 12165 SW JAMES ST 2S103CB00400 28971 $20,063 $11,063 $9,000 60 STRENDING EDWARD MARIANN 12150 SW ALBERTA ST 2S103BC02800 15128 $10,476 $6,000 $4,476 61 THORIN G KARIN 12190 SW JAMES ST 2S103CB02100 19999 $13,850 $6,000 $7,850 62 TIBBETS GEORGE L FAMILY TRUSTEE 12235 SW JAMES ST 2S103CB00700 43464 $30,100 $21,100 $9,000 63 TIBBETS KATHLEEN M 12275 SW JAMES ST 2S103CB01000 15774 $10,924 $6,000 $4,924 64 VONADA GREG E & REBECCA M 12020 SW FONNER ST 2S103CA00302 21479 $14,875 $6,000 $8,875 65 WALL KENT N & FRANCES P 13205 SW 121ST AVE 2S103CB02400 20001 $13,851 $6,000 $7,851 66 WILLIAMS MICHAEL R 12250 SW MARION ST 2S103CB04300 15902 $11,012 $6,000 $5,012 67 WILSON RONALD R DIANE M 13200 SW 121ST AVE 2S103CA00307 21534 $14,913 $6,000 $8,913 Totals 1235771 $855,791 $453,326 $402,465 PROJECT TOTAL (Paid by Owners + Paid by City) $855,791 MEN02004-2005 FY CIR121SI Sw*my Reimbursement DW 930ACi y C-1 FORMATIONV2eimb by ma Dist No 30 Sct d AAs Wa/20044:03 PM Page 4 of 7 121 ST AVENUE Reimbursment District No. 30 Schedule A Estimated Cost to Property Owners Summary Estimated Construction Cost $655,653 15% contingency (construction) $98,348 Estimated construction cost (plus contingency) $754,001 13.5% contingency (Admin & Eng) $101,790 total project costs $855,791 total area to be served (S.F.) 1,235,771.00 total cost per S.F. to property owner $0.69 1AEN W004-2005 FY CIR121SI Sanitary ReimbursameM Dist N30 Coy Cound FORMATIONNReimb by area Dist No 30 Sdb d A)ds Page 5 of 7 0262004 4:03 PM Reimbursment District No. 30 Schedule B Estimated Cost to Property Owners ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) COST TO PROPERTY OWNER 1 BROWN MICHAEL J & 13530 SW 121ST AVE 2S103CD04400 19088.44 $4,731.67 2 HAWKINS CYNTHIA J 13460 SW 121ST AVE 2S103CA02000 15278.40 $4,731.67 3 ULLRICH RICHARD L 13500 SW 121 ST AVE 2S103CD04500 38610.84 $4,731.67 Totals 72977.68 $14,195 PROJECT TOTAL $14,195 I:1ENG12004-2005 FY CIP1121St Sanitary Reimbursement Dist #30kCity Council FORMATIOMReimb by area Dist No 30 Schad B.xls 6/28/20043:44 PM Page 6 of 7 121 ST AVENUE Reimbursment District.No. 30 Schedule B Estimated Cost to Property Owners Summary Estimated Construction Cost $10,875 15% contingency (construction) $1,631 Estimated construction sub-total $12,506 13.5% contingency (Admin & Eng) $1,688 total project costs $14,195 SCHELULE A $855,791 SCHELULE B $14,195 TOTAL PROJECT COST SHEDULE A AND B MOWN IAENG12004.2005 FY CIP1121 St Sanitary Reimbursement Dist #301City Council FORMATION\Reimb by area Dist No 30 Schad B.As 6/28120043:45 PM Page 7 of 7 121ST AVENUE R'l SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT # 3 0 HARRIS, RONALD T)BBETS, KATHL £N M SURwVOR'S 1 25 03C803007 T 12275 JAMES RO A PORTION OF THE SW 1 /4 OF 257D GBD1ppD SECTION 3 T 2 S R 1 W W. M• ELNER, JO)AMAA f22B0 WORTH, NORMA SHEPHERD, N(CKpLAS 2S70312270 MARION ST 12265 MARION ST z 25103CB04200 2S103CB03000 DENKE. C12260 MO WILtlAMS, MICHAEL JONHSON, DALE 2SI03CB01800 12250 MARION ST 12245 MARION ST 2S103C804300 2510JCB02900 TIBBETS. KATHLEEN BRUNNER- LANE 12235 JAMES AVE 12240 JAME5 RD 2S703C600700 2S103CB0190O 1OWNBEY, DA ND KAUSCER, WILLIAM 12225 MARION ST 1230 MARION ST L? ~7bo q~ 2S103C804400 25103CB02800 IVERSON. LARRY SCHM/O TMANN, BR.4NDT O P ~y O 7 ° 25103CB02000 12212 5 5 JAMES A S S c^ 0 ° op ~Q4 NORTON, CLAYTON 12220 JAMES RD Ct,,h~'Vy G.r Qy~(~ 1~yOO MUNSON, KURT Q 12710 MARION ST 12208 MARION ST J~~^7y`4 y~'yy~ep`4 2S103CB04500 2S103C802700 THORN, kARIN GROSSE' FAMILY TRUST O 12190 JAMES RD 12185 JAMES ST W 25103C802/00 25103CB00500 25103CS00501 N Q`Q 03 JONES, RICHARD = 72190 MARION ST DELANO, NELLIE ~v 2510JC804600 12185 MARION ST 0 2SIOJC602601 BEATY. NORMA STAEHNKE, BENJAMIN 12170 JAMES RD 12165 JAMES ST Q H 25103C8022D0 25103CB00400 h DAHC. STEPHEN 12170 MARION ST 2SIOJCB04700 BERGSTROM. EDWARD N L 12165 MARION ST W Q r° 2 cn a n o o a m All properties in district are zoned R4.5 Z 2S703CB02600 W ;o 04 h ° PARKER, BENJAMIN 2Ln N >wO O 13305 121ST ST Yam °?m ism QNm ~O 2S703CB04800 ^ Q ENG. DEAN o ,Q p o J° H Q. Q A 13235 121ST AVE ~O h "9 Q h o°'^ v° H w) ~j ~~9 T~Jl 25J03C802500 ^ Cv N N N Q ~tv Q ?S 0 ~2~TyO _ J !4 Ur4006 :41r 4k, Jy 121ST AVE Q~1e MATCH (See p 2) o °7 oyA, h y3~y 2°~ti°y`° 0 ,ry EXHIBIT B 1 District boundary line 121ST AVENUE OLIVER. CHARLES CHAVEZ. JAIME SANITARY SEWER IMPROVEMENTS 12300 ALBERTA AVE 12295 ALBERTA AVE 251038CD3300 2S703BC02300 REIMBURSEMENT DISTRICT #30 A PORTION OF ALL B BERTA AVE THE SW 1/4 OF SECTION 3 T 2 S R 1 W W, M. 12270 HASH FAM/L ALBER Y TA TRUAVS E T 12265 PEDERSEN, NORMAN 251038CO3200 2SI03BC02200 CONN. MICHAEL 51TZMAN, DEANE 12240 ALBERTA AVE 12235 ALBERTA AVE 2SIOJBC03100 2SI03BC02100 OTTING, JOHN DAWES, RICHARD 12210 ALBERTA AVE 12205 ALBERTA AVE 2S703BC02000 2SIO38COJ000 a W NAT KELLY, DAN/EC All properties in district are zoned R4.5 = 12180 ALBERTA AVE GENTIS. STEVEN U 2SI03BC02900 12175 ALBERTA AVE a 25103BCO1900 STREND/NG, EDWARD H LAPLANTE. FELIX 12150 ALBERTA AVE N 12145 ALBERTA AVE 2SIOJBC02800 2SIO36CO1800 Y Q o Q >.~O U ¢O ~ tiO Q. VtnO ~ry~ UNQWi BUCHHOLZ KYLE W BECKER, GORDON N m of u~ O 12120 ALBERTA AVE m 12905 121ST AVE p oW ^ ° Z 251038C02700 Q 2SIOJBC01700 o r N N o N o~N MATCH (SEE p 1) 21 ST o W o~ o Q¢o 1 J~~ ~n r KIRCHER, ROBERT W o Q z 12970 121ST AVE vi m U N 2SIO33003500 0 o 0 ly o h I,,, W¢o ¢0 0 0 0 4y a o ti O>o vn°o ¢¢o Q:¢°0 kCj q2 hpoo ~eO o00 ' §11 40 2pO ¢NO LA O m = 1 y n o o° o° c o No Zn LOFGREN. RICHARD W vi - Qe Q eN p7 ~~"n3 ri~v ft42S70SW rONNER 3B003600 ST ~a°NVm n e"~^`i J~~, ~O WWI WWh WO ANN V1~N cQ W s2 1 ry GQ ~ yVP ° Z ~ ti`~=ti°h Z JOSEPH BRENDA M MENDE. MICHAEL tt405 FONNER ST NO ADDRESS 25103CA00310 25f03CA00301 I I ' District boundary line EXHIBIT B ~p 2) A 1-~- achm t ~tT' 121ST AVENUE SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #30 Z m A PORTION OF THE SW 1 /4 OF SECTION 3 T2S R1 W W.M. J N W N Y G~ 3 La U J 2 C 4 ~ ~ 2 - CL W f h'0 q,Q cn p T H W z Q ~P O LJ6 ® DISTRICT PARCELS (SCHEDULE A) ® DISTRICT PARCELS (SCHEDULE B) Communications Plan 1215 Avenue Sanitary Sewer Extension Program Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 30. Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility Explain Citywide San Sewer Extension Program Vannie 3/18/04 General Meeting to property owners proposed to be included in a Greg Reimbursement District for FY04-05 4/8/03 Neighborhood Meeting Mail 4/21/04 meeting notices to property owners Diane Notice within proposed Reimbursement District. Bethany 4/8/03 Events Calendar/Web Page Post Meeting on Events Calendar and post map Diane of District on Reimbursement District website. Meet with property owners to review estimated Vannie 4/21/04 Neighborhood Meeting costs and construction activity. Greg Westlake 6/28/04 Formation Hearing Notice Mail Formation Hearing Notice to Property Diane Owners within proposed Reimbursement District. Bethany Submit Advertisement to DJC to publish 6/22/04 Diane 6-18-04 Advertisement and TT to publish 6/24/04 for Construction of Bethany Reimbursement District. 7/13/04 Formation Hearing with CC Public Hearing with City Council to review Greg formation of proposed Reimbursement District. Mail Notice of City Council's Decision to property Diane 7/14/04 Notice of Decision owners within Reimbursement District Bethany 7/13/04 Bid Opening Opening of Bids at public bid opening. Vannie Diane 7/13/04 City Council Submittal Submit Agenda item summary - recommend Vannie contract be awarded to low bidder if appropriate . 7/20/04 City Council/LCRB City Council - Awards or rejects contract. Gus 7/21/04 Award Bid Send NOA and contract documents to lowest Diane bidder after awarded b CC. Bethany Inspector and Contractor meet prior to beginning 7/04 Pre-Construction Meeting work to go review proposed work and establish Mike Mills communication plan. 8/2/04 Notice to Proceed Issue NTP after Performance Bond and Insurance Diane Certificates received and contract is signed. Bethany 8//04 Traffic Control Plan Plan needs to be approved by construction Mike Mills inspector and project manager Vannie 8/04 Lateral Locations Confirm with property owners location of laterals Mike Mills 8/04 Construction Inspection Inspector is available to receive and respond to Mike Mills complaints 8/04 Construction Notice Hang Construction Notice on doorknobs of Mike Mills property impacted b project Contractor Notice to property owners of Send hearing notice, Resolution, property owner Greg 10/04 Assessment Hearing with CC cost to each property owner. Diane/Bethany 10/04 Notice of Assessment Send Resolution with attachments to each Greg property Diane/Bethany Prepared by: Diane M. Jelderks Senior Administrative Specialist Approved by: 0 P. February 18, 2005 NOTICE of PUBLIC HEARING Tuesday, March 8, 2005 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on March 8, 2005 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121 st Avenue). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 30 formed to install sewers in SW 121 st Avenue. Each property owner's recommended fair share of the public sewer line is $0.6612 per square foot of the lot served as shown on the enclosed Schedule A list. The fair share for the two owners receiving service from an existing sewer is $9,307 as shown on the enclosed Schedule B list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. For owners with fair share amounts over $15,000, the owners' fair share would be limited to this $6,000 plus the amount the fair share exceeds $15,000. Under Resolution No. 03- 55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. Please call Greg Berry of the Engineering Department 503-718-2468 if you have questions. is%engtgreg%reimbursement distdctsl30 121st\rinaf\3.08.05 reim dist 30 notice 3.doc 2S103CB-02200 2S103BC-03100 BEATY NORMA A CONN ALISSA L & MICHAEL L 12170 SW JAMES ST 12240 SW ALBERTA ST TIGARD, OR 97223 TIGARD, OR 97223 251036C-01700 2S103C6-04700 BECKER GORDON S AND DAHL STEPHEN MARION S MARJORIE K 12170 SW MARION 12905 SW 121 ST AVENUE TIGARD, OR 97223 TIGARD, OR 97223 2S103C6-02600 2S103BC-02000 BERGSTROM EDWARD A DAWES RICHARD C & LISA A 12165 SW MARION 12205 SW ALBERTA ST TIGARD, OR 97223 TIGARD, OR 97223 2S10 CB-04100 2S103CB-02601 BERIN R BR J & ANN L DELANO NELLIE M & GARY W 12290 S RION ST 12185 SW MARION ST TI , OR 23 TIGARD, OR 97223 2S103CA-00303 .2S103CB-01800 BETTENCOURT RICHARD ELLIS & DENKER LES & DEBBIE LORRAINE 12260 SW JAMES ST 13240 SW 21ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-02300 2S103BC-01400 BORST DONNA S DUNNING DRAKE D & 12150 SW JAMES MARY P TIGARD, OR 97223 12745 SW 121ST AVE TIGARD, OR 97223 S103CD-04400 2S103C6-02500 B WN MICHAEL J & ENG DEAN RIES- OWN AM 10014 SE CLINTON AVE 13530 1ST ST PORTLAND, OR 97266 TI D, OR 97223T 2S103CB-01900 2S103BC-01900 BRUNNER LANE E & CYNTHIA M GENTIS STEVEN W 12240 SW JAMES ST 12175 SW ALBERTA TIGARD, OR 97223 TIGARD, OR 97223 2S103BC-02700 2S103CB-00500 BUCHHOLZ KYLE J GROSSE' FAMILY TRUST 12120 SW ALBERTA ST BY GROSSE' EUGENE R/ELIZABETH F TRS TIGARD, OR 97223 12185 SW JAMES ST TIGARD, OR 97223 2S103BC-02300 1s1 3B -0300 CHAVEZ JAIME A & KAREN GR IL R WARD & 12295 SW ALBERTA ST C U Y M TIGARD, OR 97223 12 0 1S V TI RD, 0 972 28103CB-03001 2S103CB-02800 HARRIS RONALD C AND LILA S KAUSLER WILLIAM M & MELISSA J 1225 PARK AVE #12C 12225 SW MARION ST NEW YORK, NY 10128 TIGARD, OR 97223 2S103CA-02000 2S103BC-02900 HAWKINS CYNTHIA J KELLY DANIEL D & MELODIE 13460 SW 121 ST AVE 12180 SW ALBERTA TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-02000 2S103BD-03500 IVERSON LARRY T & SANDRA L KIRCHER ROBERT B 12220 SW JAMES ST PHYLLIS F TIGARD, OR 97223 12970 SW 121ST TIGARD, OR 97223 2S103CB-00300 2S103CB-00100 JAGOSH JOHN LANCASTER MICHAEL T AND 12905 SW 135TH AVE PATRICIA TIGARD, OR 97223 13035 SW 121ST AVE TIGARD, OR 97223 2S103CB-02900 2S1038C-01800 JOHNSON H DALE AND LAPLANTE FELIX F AND SALLY J GRACE V TRUSTEES 12145 SW ALBERTA STREET 12245 SW MARION TIGARD, OR 97223 TIGARD, OR 97223 2S103CA-00309 2S103CB-00200 JONES HOLDINGS LLC LEAR JOE JR & JOANN BY RUTH WOOD JONES 13065 SW 121 ST 1132 SW 57TH AVE TIGARD, OR 97223 PORTLAND, OR 97221 2S 31CA-00310 2S103BD-03600 DONE OL GS LLC LOFGREN RICHARD W & PATRICIA M BY RUT OOD JONES 11935 SW FONNER ST 1132 57 AVE TIGARD, OR 97223 PO LAND, OR 97221 2S1 CA-00311 2S103CA-00301 JONE OLDI LLC MENDE MICHAEL J BY RUT OD JONE 14775 NW JEWELL LN 113 5 H AVE PORTLAND, OR 97229 RTLAND, 97221 2S103CB-04600 2S103CB-02700 JONES RICHARD W MUNSON KURT R AND JULIA H SHARON R 12205 SW MARION ST 12190 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BD-03700 2S103BC-03200 JOSEPH BRENDA M & NASH FAMILY REV LIV TRUST BRUMMETT JUSTIN P BY DOUGLAS E/NANCY LOU NASH TRS 11905 SW FONNER ST 12270 SW ALBERTA AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103CA-00500 2S103CB-04200 NORRIS LONNIE D AND PRICE JOHN H & NORMA J MARILYN M 12270 SW MARION ST 13300 SW 121 ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-04500 2S103BD-03200 NORTON CLAYTON E RAMIREZ EDUARDO & LUCIA 12210 SW MARION ST 12840 SW 121ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103BC-03300 2S103BC-01500 OLIVER CHARLES A/BETH M REED GEORGIA J LIVING TRUST 12300 SW ALBERTA ST 12795 SW 121ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S1038C-01600 2S103CB-00501 OSGOOD CHERYL & SCHMIDTMANN BRANDT & KAREN K WORRELL TERRY D & 12215 SW JAMES ST YATES JONATHAN TIGARD, OR 97223 11782 SW SWENDON LOOP TIGARD, OR 97223 2S103BC-03000 2S103C6-00600 OTTING JOHN H SCHMIDTMANN BRANDT & KAREN K C/o OTTING STEPHEN J 12215 SW JAMES ST 8885 SW O'MARA TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-04400 2S103CB-01701 OWNBEY DAVID LLOYD & SELNER JOHN JOSEPH & MAXINE ELL PATRICIA ANNE 12280 SW JAMES ST 12230 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BD-03400 2S103CB-03000 PALACIOS ARMANDO & PATRICIA & SHEPHERD NICHOLAS M & PALACIOS RUBEN & OLGA THORKELSON APRIL L 12920 SW 121 ST AVE 12265 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-04800 2S103BC-02100 PARKER BENJAMIN J & KIMBERLY A SITZMAN DEANE D/ANNA L 13305 SW 121ST AVE 12235 SW ALBERT ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BC-02200 2S103CA-00602 PEDERSEN NORMAN LEROY & ALICE M SJULIN-GREGER FAMILY TRUST 12265 SW ALBERTA ST BY SJULIN JAMES M & TIGARD, OR 97223 GREGER GAY L TRS 4028 SE SALMON PORTLAND, OR 97214 2S103CA-00603 2S103B0-03300 PETITT THOMAS J & ERIN D SMITH SANDRA T 13400 SW 121ST AVE 12880 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 28103CA-00400 2S103CA-00307 SPANGLER JAMES P & KAREN L WILSON RONALD R DIANE M 13285 SW HOWARD DR 13200 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-00400 STAEHNKE BENJAMIN M VIRGINIA L 12165 SW JAMES TIGARD, OR 97223 2S1036C-02800 STRENDING EDWARD MARIANN 12150 SW ALBERTA TIGARD, OR 97223 2S103CB-02100 THORIN G KARIN PO BOX 23125 TIGARD, OR 97281 2S103CB-00700 TIBBETS KATHLEEN M 12235 SW JAMES ST TIGARD, OR 97223 2S103CB-01000 TIBBETS KATHLEEN M SURVIVOR'S T BY TIBBETS KATHLEEN M & MCCOY MICHAEL R/COLIN S TRS 12275 SW JAMES ST PORTLAND, OR 97223 2S103CD-04500 ULLRICH RICHARD L SHARON L 13500 SW 121 ST AVE TIGARD, OR 97223 2S103CA-00302 VONADA GREG E & REBECCA M 12020 SW FONNER ST TIGARD, OR 97223 2S103CB-02400 WALL KENT N & FRANCES P 13205 SW 121 STAVE TIGARD, OR 97223 2S103CB-04300 WILLIAMS MICHAEL R 12250 SW MARION STREET TIGARD, OR 97223 Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO.01- Y A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentivc program shall apply to scwcr connections providcd through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 0 Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 .PASSED: This ~ d - day of 2001. ayor Ci of and ATTEST: Recorder - City of 'hgard 1ACitywide\Res\Reso1ution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01-±& Page 2 TABLE 7 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STAWNo.9 4,506 No reimbursement available IiILLVIEW ST No.11 8,000 July 11, 2003 1067" & JOHNSON No. 12 5,598 No reimbursement available 1007M & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121 No.18 Amount to be reimburoed will be Throo yoore from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 8 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO.03-,55_ Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of Q,,+D&n-- 2003. -j of Tigard Craig E. Dirksen, Council President ATTEST: I City Recorder - City of Tigard G- 1:1erg10m04eim0ursmers dlstdasWvLslons res 01-48 aug 26 03bcl 14 03 00untl61R11403 addition to res 1-46 res.doc RESOLUTION NO. 03- 55 Page 2 Reimbursement District No. 30 ,'W 121s' Avenue Finalization of Sanitary Sewer Reimbursement District No. 30 S,W 121s'Avenue) ~;E !H' ir, 68 0-4, March 8, 2005 Reimbursement District No. 30 Reimbursement District No. 30 'n al Costs District formed through Resolution No. 04-53 Project Cost District includes sewer service to sixty-six • 66 lots (Schedule A): $807,281 lots (Schedule A) plus two lots were provided • 2 lots (Schedule B): $18,614 with a connection to an existing line • Final cost - 5% less than estimated cost (Schedule B). Reimbursement Fee (Per Owner) Project is completed and sewer can be made ASchedule A: $0.6612 per square foot of lot available to the lots served ASchedule B: $9,307 Reimbursement District No. 30 Reimbursement District No. 30 Incentive Program `.Additional Owner Costs Each owner pays the following: Reduced to $6,000 to the extent that it does A$2,535 connection and inspection fee, which not exceed $15,000 if connection is made funds treatment facility construction within three years after service becomes available A $50 (average) service charge per two months for operation and maintenance of the entire If all 68 lots connect within three years, the system property owners would pay $450,693 and AAII costs to connect to the lateral installed the City $375,203 through this project a 1 Staff Recommendation That Council pass the resolution finalizing Reimbursement District No. 30 (SW 12V Avenue) Sewer will be made available upon passage of the resolution 2 AGENDA ITEM No. 5 Date: March 8, 2005 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (Informational) Finalize Formation of Sanitary Sewer Reimbursement District No. 27 (SW Murdock Street and SW 100th Avenue Due to Time Constraints City Council May Impose A Time Limit on Testimony I:tadm\greerXcity counciltccsignuptph testimony infoanational.doc AGENDA ITEM No. 5 March 8, 2005 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalization of the Formation of Sanitary Sewer Reimbursement District No. 27 (SW Murdock Street, 100`h Avenue) PREPARED BY: G. Ber DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Finalize the formation of Sewer Reimbursement District No. 27, established to construct sanitary sewers in the SW Murdock Street and 100`h Avenue area as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approve the proposed resolution, approving the formation of Reimbursement District No. 27 as modified by the Final City Engineer's Report. INFORMATION SUMMARY City Council approved the formation of Reimbursement District No. 27 by Resolution No. 04-45 on June 22, 2004. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. The project has provided sewer service to seventy-four lots within the area bounded by SW 96`h and 103`d Avenues and SW Murdock and Sattler Streets through the City's Neighborhood Sewer Extension Program. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, property owners must pay a connection fee, currently $2,535, and are responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. There is no requirement to connect to the sewer or pay any fee until connection is made. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 04-45 Attachment 3- Vicinity Map Attachment 4- Communication Plan Attachment 5- Notice to Owners Attachment 6- Mailing List Attachment 7- Resolution No. 01-46 Attachment 8- Resolution No. 03-55 FISCAL NOTES The final cost of the project is $748,477, 17% less than the estimated cost of $905,191. These amounts include the cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. henptpregVeimbursemem districts127 murdodc, 100thVlnaft3.08-05 reim dist 27 100th murdock ais.doc Attachment 2 CITY ,OF TIGARD, OREGON RESOLUTION NO. 04--4115- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET; 987H) 100TH AV.; DARMEL, MARILYN CT.) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, these property owners have been notified of a 'public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 27", attached hereto as Exhibit A., is hereby approved. .SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 27, Murdock Street, 100th Avenue." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. SECTION 6 This resolution is effective upon passage. PASSED: 'This day of 2004. Mayor - City of Tigard ATTEST• ~ ~ C Greer A. Gaston, Deputy City Recorder RESOLUTION NO.04-¢5 Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 27 (SW Murdock Street; 98th, 100th Av.; Darmel, Marilyn Ct.) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,435.00 ($2,535 effective July 1, 2004) and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Proiect Area - Zone of Benefit Serving the proposed district will require four extensions from existing sewers as shown on Exhibit Map B: West from SW Murdock St. and 98th Av. North and west from SW Darmel Ct. and 96th Av. North from SW Lady Marion Dr. and 100th Av. North from SW Sattler St. and 98th Av. The proposed project would provide sewer service to seventy-four lots as shown on Exhibit Map B. Three areas within the area of the proposed district are not recommended to be included in the district. The first area is the six lots that front to Peppertree Lane, a private street. Public sewers could be installed in the private street by relying on a public utility easement in the street. However, this is a recent subdivision and there is limited owner interest in connecting to the proposed sewer. A public sewer in SW 100th Avenue would be extended to the private street that could provide service to these lots by a future project. A second area is two adjacent vacant lots that front to the south side of SW Murdock Street west of SW 98th Avenue. Most of the area of these lots is too low to be served by the proposed sewer. Easements and additional public sewers may be required to develop the lots. Finally, the tree farm east of SW 103rd Avenue is not proposed to be included in the district. Development of this lot will require construction of additional public streets improved with sewers. Cost The estimated cost for the sanitary sewer construction is $797,525. Engineering and inspection fees amount to $107,666 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $905,191. This is the amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,435 ($2,535 effective July 1, 2004) connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-3.5 but vary in lot size from 13,600 to 79,700 square feet as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided among the seventy- four properties proportional to the square footage of each property. Four of the lots have driveways that do not contribute to the buildable area of the lot. The areas of these driveways was deducted from the total lot areas to arrive at adjusted lot areas used to assign a proportional share as shown on Exhibit Map B. Resolution 01-46 limits this fee to $6,000 to the extent that is does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $0.64 per square foot of the lot served. Each owner's fair share would be limited to $6,000 to the extent that it does not exceed $95,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution 03-55 (attached). Annual Fee Adiustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted June 8, 2004 P. - Ag tin P. Duenas, P.E. City Engineer tWglpWmhbuoumw% dMct=7 nn%ck. 1=WormaWdreW esfahhKdoe 100TH & MURDOCK Reimbursement District No. 27 Estimated Cost to Property Owners July14, 2004 (Revision No. 1) ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER 1 ALEXANDER RONALD E VACANT - NO ADDRESS 2S111 CB00104 15500.10755 $10,128 $6,000 $4,128 2 ALEXANDER RONALD E 10150 SW MURDOCK ST 25111 CB00102 15500.04694 $10,128 $6,000 $4,128 3 AMODEO RICHARD D AND WANDA M 9765 SW SATTLER ST 25111 CA13900 14543.14892 $9,502 $6,000 $3,502 4 ASBRA ANDREW J 9845 SW SATTLER ST 2S111CA14600 15427.38679 $10,080 $6,000 $4,080 5 BARTON RICHARD M & DIANE M 14915 SW 100TH AVE. 2S111CB02600 43002.00000 $28,097 $19,097 $9,000 6 BENJAMIN WARD A/KIMBERLY A 14860 SW 98TH AVE 2S111 BD00501 14444.68919 $9,438 $6,000 $3,438 7 BODEA GHERASIM & 15100 SW 98TH AVE 2S111CA14000 14201.35966 $9,279 $6,000 $3,279 8 BREITENSTEIN ROBERT W & 14945 SW 98TH AVE 25111 BD01503 19163.73271 $12,521 $6,000 $6,521 9 CASE GLENN W & MARGARET A 9845 SW MURDOCK ST 2S111 BDO0316 15778.77437 $10,310 $6,000 $4,310 10 CERBU MIRCEA 15105 SW 98TH AVE 2S111CA14400 16059.82138 $10,493 $6,000 $4,493 11 COLLINS KELLY & 9670 SW DARMEL CT 2S111CA13400 13664.35272 $8,928 $6,000 $2,928 12 COMEGYS DONALD L IDA J 15060 SW 100TH AVE 2S 111CA15000 15429.17185 $10,081 $6,000 $4,081 13 CORLISS JAMES L/CORA K VACANT - NO ADDRESS 2S111 BC02503 73514.00000 $48,033 $39,033 $9,000 14 CORRIGAN PATRICK H & KAREN A 14785 SW 98TH AVE 25111 BDO1603 20821.80108 $13,605 $6,000 $7,605 15 CROSS ROGER K III & CLARE E 10155 SW MURDOCK ST 2S 111BC02401 20414.75698 $13,339 $6,000 $7,339 16 CURTISS GORDON P & 9725 SW SATTLER ST 2S111CA13800 14499.93598 $9,474 $6,000 $3,474 17 DAVISON STEPHEN ANN 15040 SW 100TH AVE 2S111CA15100 15447.61997 $10,093 $6,000 $4,093 18 ESTRADA JOSE L & OLIVIA J 15060 SW 98TH AVE 2S111CA14100 14444.85884 $9,438 $6,000 $3,438 19 EVEN MARC ROBERT & 9900 SW SATTLER ST 2S111CA00800 27610.38485 $18,040 $9,040 $9,000 20 FOSTER CRAIG A & CAREN L 10200 SW MURDOCK ST 2S111CB00103 15504.75194 $10,131 $6,000 $4,131 21 FURLOTT ELIZABETH URODNEY C 9685 SW SATTLER ST 2S111CA13700 13919.91657 $9,095 $6,000 $3,095 22 GALICH PATRICIA & 10205 SW MURDOCK ST 25111 BC02500 31975.04443 $20,892 $11,892 $9,000 23 GARNER DANIEL T AND 15065 SW 98TH AVE 2S111CA14300 18841.0227 $12,311 $6,000 $6,311 24 GOLDEN CAROL JEAN & 15020 SW 98TH AVE 25111 BD00507 14444.88115 $9,438 $6,000 $3,438 25 GUTHRIE DONALD Z & SUSAN C 10070 SW MURDOCK ST 2S111CB02000 14999.9609 $9,801 $6,000 $3,801 26 GUTHRIE DONALD Z & SUSAN C VACANT - NO ADDRESS 2S111 CB02100 16333.55831 $10,672 $6,000 $4,672 27 HEINKE MICHAEL & CATHRYN 14910 SW 100TH AVE 25111 BD01519 16437.77581 $10,740 $6,000 $4,740 28 HINTZ LESTER W 14845 SW 100TH AVE 2S111CB02200 16404.31513 $10,718 $6,000 $4,718 29 IRVING JAMES A & KAREN D 10250 SW MURDOCK ST 2S111CB00101 15581.34997 $10,181 $6,000 $4,181 30 JOHNSON KENNETH AND 9695 DARMEL CT 2S111 BDO0601 14507.51077 $9,479 $6,000 $3,479 31 JONES MALCOLM Y AND 9885 SW SATTLER CT 2S111CA14700 16125.98842 $10,537 $6,000 $4,537 32 KALLSTROM EVELYN LOUISE 15025 SW 100TH AVE 2S111CB01600 43276.94613 $28,277 $19,277 $9,000 33 KNEZ JOHN S JR & VICKI L 14980 SW 100TH AVE 25111 BD01513 17005.33173 $11,111 $6,000 $5,111 34 LEDBETTER RICHARD E & MARGARET 9905 SW MURDOCK ST 2S111 BD00318 15709.65022 $10,265 $6,000 $4,265 35 LEITNER CINDY B 14985 SW 98TH AVE 2S111 BD01400 19952.62975 $13,037 $6,000 $7,037 36 LOWERY LESLIE MARTIN & NORA M 14820 SW 98TH AVE 2S111BD00503 14444.82109 $9,438 $6,000 $3,438 37 LUNDSTROM RICHARD & NAILA 9700 SW MARILYN CT 2S111 BDO0412 14501.11024 $9,475 $6,000 $3,475 38 LUSK JOHN D & GWEN E 9862 SW MURDOCK ST 2S111BD01600 28420.31441 $18,570 $9,570 $9,000 39 MAYS KENNETH W & KARLEEN R 10115 SW MURDOCK ST 2S111BC02501 15028.03145 $9,819 $6,000 $3,819 40 MILLER DAVID L AND 14900 SW 98TH AVE 2S111BDO0504 14444.55861 $9,438 $6,000 $3,438 41 MOLATORE STEPHEN R & DEBRA L 9955 SW SATTLER ST 2S111CA14800 16051.44588 $10,488 $6,000 $4,488 42 MOORE TIMOTHY & TEPES IOANA 14940 SW 98TH AVE 2S111BD00505 14444.60788 $9,438 $6,000 $3,438 43 MORLAN DENNIS M & ANN T TRS 14865 SW 98TH ST 2S1116D01602 30813.1579 $20,133 $11,133 $9,000 44 MURPHY EDWARD J AND DANA S 9875 SW MURDOCK ST 2S 111BDO0317 15744.21229 $10,287 $6,000 $4,287 45 NESS DYANN E 14977 SW 100TH AVE 2S111CB02500 17617.30737 $11,511 $6,000 $5,511 46 NICHOLSON SHANE & 14895 SW 96TH AVE 2S111BD00409 14215.65888 $9,288 $6,000 $3,288 47 ODELL ROBERT CHARLOTTE 14850 SW 100TH AVE 2S111BD01801 23007.74376 $15,033 $6,033 $9,000 48 ONNIS DORIS A/ROBERTO VACANT - NO ADDRESS 25111 BD01518 9356.96849 $6,114 $6,000 $114 49 ONNIS DORIS A/ROBERTO 15025 SW 98TH AVE 2S111CA14200 17581.80018 $11,488 $6,000 $5,488 50 PALMER FAMILY TRUST 14980 SW 96TH AVE 2S111BDO0700 15200.7139 $9,932 $6,000 $3,932 51 POEHLER EDWARD CARL 14940 SW 96TH AVE 2S111BD00407 15221.30645 $9,945 $6,000 $3,945 52 RICKER DEWEY E JR AND 9670 SW MARILYN CT 25111 BDO0410 13664.86825 $8,928 $6,000 $2,928 53 RILEY DANIEL C 9935 SW MURDOCK ST 2S111BDO0319 15675.08814 $10,242 $6,000 $4,242 54 RIVERMAN WILLIAM E INA 14950 SW 100TH AVE 2S111BDO1514 17005.61159 $11,111 $6,000 $5,111 55 RODDAN DELLA L 9675 SW MARILYN CT 2S111 BD00406 13683.24705 $8,941 $6,000 $2,941 56 RODGERS KENNETH A AND 14900 SW 96TH AVE 25111 BD00403 15236.75488 $9,956 $6,000 $3,956 57 ROEMHILDT MARION 14980 SW 98TH ST 2S111BD00506 14444.86076 $9,438 $6,000 $3,438 58 ROGERS MICHAEL R & ELIZABETH A 14815 SW 98TH AVE 2S111BD01601 14476.71198 $9,459 $6,000 $3,459 59 ROTHSCHILD KEITH S 14905 SW 98TH AVE 2S111BD01509 20248.58608 $13,230 $6,000 $7,230 60 RYAN M LORRAINE ET AL VACANT - NO ADDRESS 2S111BD01702 18880.86049 $12,337 $6,000 $6,337 61 RYAN M LORRAINE ET AL VACANT - NO ADDRESS 25111 BD01701 21178.13195 $13,838 $6,000 $7,838 62 RYAN SCOTT PATRICK 9930 SW MURDOCK ST 2S111BD01700 14036.66718 $9,171 $6,000 $3,171 63 SLAUGHTER JOHN A BEATRICE 15055 SW 100TH AVE 25111 CB01601 31633.00000 $20,669 $11,669 $9,000 64 SLEEGER PRESTON A JR AND 14720 SW 100TH AVE 25111 BDO0320 15437.32596 $10,087 $6,000 $4,087 65 SORENSEN JEROME H 9705 SW MARILYN CT 2S111 BDO0414 14506.01803 $9,478 $6,000 $3,478 66 STARKEY WILLIAM L & BONNIE K 9825 SW SATTLER ST 2S111CA14500 15494.99907 $10,124 $6,000 $4,124 67 STONE GEORGE L JR HELEN 9665 SW DARMEL CT 2S111BD00600 13669.38817 $8,931 $6,000 $2,931 68 THORNBURG PHILIP B & BARBARA J 14780 SW 98TH AVE 2S111BD00508 14267.71464 $9,322 $6,000 $3,322 69 TRAKUL STANLEY A 14885 SW 100TH AVE 25111 CB02300 16413.77588 $10,725 $6,000 $4,725 70 WEBER WALTER N & 9980 SW MURDOCK ST 2S111BD01802 19523.44932 $12,756 $6,000 $6,756 71 WHEATLEY ROBERT W & 14945 SW 100TH AVE 2S111CB02400 16413.74972 $10,725 $6,000 $4,725 72 WILCOX DALE G & NANCY A TRS 9700 SW DARMEL CT 2S111CA13300 14087.48501 $9,205 $6,000 $3,205 73 WINSTON MARK & ZSUZSANNA 14925 SW 100TH AVE 2S111CB02601 44601.00000 $29,142 $20,142 $9,000 74 ZENZANO NELSON & 14965 SW 96TH AVE 2S1118000411 14213.76957 $9,287 $6,000 $3,287 Totals 1385375 $905,191 $540,886 $364,305 100TH & MURDOCK Reimbursement District No. 27 Estimated Cost to Property Owners Summary July14, 2004 (Revision No. 1) Estimated Construction Cost $693,500 15% contingency (construction) $104,025 Estimated construction cost (plus contingency) $797,525 13.5% contingency (Admin & Eng) $107,666 Total Estimated project costs $905,191 total area to be served (S.F.) 1,385,375 Total Estimated cost per S.F. to property owner $0.65339032 100TH AVENUE & MURDOCK STREET - SANITARY SEWER IMPROVEMENTS N REIMBURSEMENT DISTRICT NO. 27 A PORTION OF THE NW 1 /4 OF SECTION 11 T2S R 1 W W.M. July 14, 2004 (Revision No. 1) 2SI118C0250J F VACANT-NO ADDRESS Isa t ti ti 2SIlIBC02500 25111BC024 3 CORLISS JAMES L (q c cn h 01 10205 SW MURDOCK ST o v 9 o GAUCH PATRICIA 10155 SW MURDOCK ST o , W N O 6 it CROSS ROGER K !I! h 2 R. 3 O MURDOCK ST ~j N ON O 9 En ~o~ i $v3i $0L °2" W Q o m$~ $go ~ ~ ~ = 0 3 3 ~ a a a 3 2 a Nom` NoQ No~ H~~ ~ mc~ 251118001702 h ~N H RYAN M LORRAIN TS111C80Z200 VACANT - NO ADDRESS o N a 14845 SW 100TH AVE 2 HINTZ LESTER W c 2 251118001801 2SIlIC802600 14850 SW 100TH A W m - 14915 SW TOOTH AVE ODELL ROBERT CHARLOTTE ~ Z Q t BARTON RICHARD M 2S111C802J00 N it _ 14885 SW 1007H AVE TRAKUL STANLEY A 00 2SI118D01519 14910 SW 100TH AVE HONKE MICHAEL 100TH AVE "MARKWEA 00 08ERT W NOTE: EXHIBIT B (p 1) ® EXCLUDED AREA IN OETERMINING LO T SIZE All properties district zoned R3.5 100TH AVENUE & MURDOCK STREET - SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT NO. 27 A PORTION OF THE NW 1 /4 OF SECTION 11 T2S R1 W W.M. July 14, 2004 (Revision No. 1) N 2SI118DO1514 14950 SW 1007H AVE RI RMAN WLUAM E 2S1118DO15IJ 2S111C602500 14980 SW 1007H A W 14977 SW 100TH A W KNEZ JOHN S JR NESS DYANN E Z J PEPPERTREE 2S111C801600 2SlICC801601 15025 SW 1007H AVE 5111CA15100 15055 SW )00TH AVE KALLS7ROM EVEZYN LOUIS 15040 SW 100TH AVE SLAUGHTER JOHN A DAMSON STEPHEN ANN ZSIIICA15000 15060 SW 1007H AVE COM£GYS DONALD L > 25 ~~7H ~ h N Q LADY MARION DR 3' 3 W 2 ~H ^3e ~(n g v~ ~qny cWS5 ~ y~Y ~tn W R ha41i ~ 1+w Nq~ Nq5 hV00 -.c 1 104 N ~m 1: Y Q BATTLER -TF O 2S111CA00800 0 900 SW SATTLER Sr F-~ EVEN MARC ROBERT NOTE: EXHIBIT B (p 2) ® EXCLUDED AREA IN DEM MINING LOT SIZE All properties district zoned R3.5 100TH AVENUE & MURDOCK STREET - SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT NO. 27 N A PORTION OF THE NW 1 /4 OF SECTION 11 T2S R1 W W.M. July 14, 2004 (Revision No. 1) MURDOCK ST 2SIIISD01603 SlllB000508 14785 SW 98TH AVE 4780 SW 987H AVE CORRIGAN PATRICK H ORNBURG PHILIP B 2S111BD01601 2S1118000503 ►7~~QOC 1 20 SW 987H AVE 14815 SW 98774 AVE LO Y LESLIE do NORA ROGERS MICHAEL R ST 2S111B001602 Lj 2SIIIB0005OI 14865 SW 98TH AVE > 14860 SW 9877 A MORLAN DENNIS M Q BENJAMIN WARD A XWU> 11aW 2SIllOD01509 ~ 2SI118D00504 .f $ 2SIIIBD00405 TEMPLETON 14905 SW 98TH AVE 14900 SW 9817 AVE 14900 SW 967H A R07HSMLD KEITH S MILLER DA ND L Q y h 3 Co m RODGERS KENNETH ELEMENTARY H~ Nh~ NgZe SCHOOL 2SIlIBD00505 00 MARILYN CT 2SI11WO0407 1S111B0O15O3 4940 SW 98TH AVE 14940 SW 96TH A 14945 SW 98TH AVE MOORE 77MOTHY & Ld BREI7ENSTE/N ROBEItT W 7EPE5 IOANA O w Q POEHLER EDWARD r~C~e ~rO12 H O h o q y 0 = m m h e ~ 51118000700 2SI118DO1400 2S1I1B000506 $ j ^ " N (D 98TH "r N y 4980 SW 967H AVE J 14985 SW 9817 AVE 14980 SW A at ~ D7 q _ P ER FAMILY TRUST LpTNER ANDY B ROEMH/LOT MARION NOTE: EXHIBIT B (p 3) All properties district zoned R3.5 100TH AVENUE & MURDOCK STREET - SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT NO. 27 A PORTION OF THE NW 1 /4 OF SECTION 11 T2S R1 W W.M. N July 14, 2004 (Revision No. 1) MARILYN CT w Q 2 co Z LPEPPERTREFe7 ~W is 251118001518 x 2 C VACANT - NO ADDRESS o c 3 ONIS DORIS A 2S111B000507 m W 15020 SW 98TH A m h 2S111CA14200 GOLDEN CAROL J 2 y 15025 SW 98TH AVE N ON/S DORIS A DARMEL CT 2S111CA14100 V 15060 SW 987H AVE 2S111CA14300 ESTRADA JOSE L o V oQ~y 15065 SW 98TH AVE C C S111CA13400 GARNER DANIEL T ^ H k 96 O SW DARMEL CT w COLLINS KELLEY w > 2S111CA14000 h g J Q 15100 SW 987H A VE m Q BODEA GHERAMM In (X In ~ 01 2SY11CAIJ 00 3 $ 3 W C7) Z 9765 SW SATTLER ST 1 y 2 w AMOD£O RICHARD 0 in > Q aaZ~i No~~if = SATTLER 0 0 NOTE: EXHIBIT B (p 4) All properties district zoned R3.5 Attachment 3 100TH & MURDOCK SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 DISTRICT MAP ® EXCLUDED AREA IN DETERMINING LOT SIZE July 8. 2004 (Revision No. 2) ` PEMBROOK STREET W f I ~ W Q Nh N of M DOCK STRE MURD Ci STREET OD C~ i ~RFfl W Q i5l O Q O TPEPPERTEE DEL MONTE DRIVE N COUR a TE , D EL COURT W z W 4 x F LADY MARION DRIVE ~O o~ W z SA TILER S7rREET W 4 HOODVIEW DRIVE o L 0 Communications Plan Attachment 4 100'n Murdock Sanitary Sewer Extension Reimbursement District No. 27 Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 27 Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility Explain Citywide Sanitary Sewer Extension Program Vannie 3/18/04 General Meeting to property owners proposed to be included in a Greg Reimbursement District for FY04-05 4/8/04 Neighborhood Meeting Notice Mail 4/22/04 meeting notice to proposed property Diane owners within proposed Reimbursement District. Bethany 4/8/04 Events Calendar/Web Page Post Meeting on Events Calendar and post map of Diane District on Reimbursement District website. Meet with property owners to review estimated costs Vannie 4/22/04 Neighborhood Meeting and construction activity. Greg Westlake 6/7104 Formation Hearing Notice Mail Formation Hearing Notice to Property Owners Diane within proposed Reimbursement District Bethany Public Hearing with City Council to review formation 6/22/04 Formation Hearing with CC of proposed Reimbursement District. Greg Mail Notice of City Council's Decision to property Diane 6/23/04 Notice of Decision owners within Reimbursement District Bethany Submit Advertisement to DJC to publish 6-15-04 and Diane 6111/04 Advertisement TT to publish 6-17-04 for Construction of Bethany Reimbursement District. 6-29-04 Bid Opening Opening of Bids at public bid opening. Vannie Diane 6/29/04 City Council Submittal Submit Agenda item summary - recommend contract Vannie be awarded to low bidder if appropriate. 7/13/04 City Council/LCRB City Council - Awards or rejects contract. Gus 7/14/04 Award Bid Send NOA and contract documents to lowest bidder Diane after awarded b CC. Bethany Inspector and Contractor meet prior to beginning 7/04 Pre-Construction Meeting work to go review proposed work and establish Mike Mills communication plan. 7/26/04 Notice to Proceed Issue NTP after Performance Bond and Insurance Diane Certificates received and contract is signed. Bethany 7/04 Traffic Control Plan Plan needs to be approved by construction inspector Mike Mills and project manager Vannie 7/04 Lateral Locations Confirm with property owners location of laterals Mike Mills 7/04-8/04 Construction Inspection Inspector is available to receive and respond to Mike Mills com taints 7/04 Construction Notice Hang Construction Notice on doorknobs of property Mike Mills owners impacted b project Contractor 9/04 Notice to property owners for Send hearing notice, Resolution, property owner Greg CC Assessment Hearing cost to each property owner. Diane/Bethany 9/04 Notice of Final Assessment Send Resolution with attachments to each property Greg owner Diane/Bethany Prepared by: Diane M. Jelderks. Senior Administrative Specialist Approved by: P'°~ Attachment 5 February 18, 2005 NOTICE of PUBLIC HEARING Tuesday, March 8, 2005 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on March 8, 2005 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW 100th Avenue and Murdock Street). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 27 formed to install sewers in SW 100th Avenue and Murdock Street. Each property owner's recommended fair share of the public sewer line is $0.54 per square foot of the lot served as shown on the included list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01- 46. For owners with fair share'amounts over $15,000, the owners' fair share would be limited to this $6,000 plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. Please call Greg Berry of the Engineering Department 503-718-2468 if you have questions. heng\gregVeimbursement distdcts\27 murdock, 1001h\t1n21\3.08-05 reim disc 27 notice 3.doc Attachment 6 CORLISS JAMES L/CORA K MAYS KENNETH W & KARLEEN R 9750 SW INEZ 10115 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 GALICH PATRICIA & SLEEGER PRESTON A JR AND 10205 SW MURDOCK ST 14720 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 RILEY DANIEL C LEDBETTER RICHARD E & MARGARET 9935 SW MURDOCK ST 9905 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 MURPHY EDWARD J AND DANA S CASE GLENN W & MARGARET A 9875 SW MURDOCK ST 9845 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 CROSS ROGER K III & CLARE E IRVING JAMES A & KAREN D 10155 SW MURDOCK ST 10250 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 FOSTER CRAIG A & CAREN L ALEXANDER RONALD E 10200 SW MURDOCK ST 10150 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 ALEXANDER RONALD E WEBER WALTER N & 10150 SW MURDOCK DUPLICATE 9980 SW MURDOCK TIGARD, OR 97223 DO NOT MAIL TIGARD, OR 97224 GUTHRIE DONALD Z & SUSAN C RYAN SCOTT PATRICK 10070 SW MURDOCK ST 1711 NW 100TH ST TIGARD, OR 97224 SEATTLE, WA 98177 GUTHRIE DONALD Z & SUSAN C THORNBURG PHILIP B & BARBARA J 10070 SW MURDOCK ST 14780 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97224 RYAN M LORRAINE ET AL RYAN M LORRAINE ET AL 1711 NW 100TH ST 1711 NW 100TH ST DUPLICATE SEATTLE, WA 98177 SEATTLE, WA 98177 DO NOT MAIL LUSK JOHN D & GWEN E CORRIGAN PATRICK H & KAREN A 9862 SW MURDOCK ST 14785 SW 98TH AVE TIGARD, OR 972249862 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 LOWERY LESLIE MARTIN & NORA M ROGERS MICHAEL R & ELIZABETH A 14820 SW 98TH AVE 14815 SW 98TH TIGARD, OR 97224 TIGARD, OR 97224 BARTON RICHARD M & DIANE M HINTZ LESTER W 14915 SW 100TH AV 14845 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 ODELL ROBERT CHARLOTTE MORLAN DENNIS M & ANN T TRS 14850 SW 100TH 14865 SW 98TH ST TIGARD, OR 97224 TIGARD, OR 97224 BENJAMIN WARD A/KIMBERLY A TRAKUL STANLEY A 14860 SW 98TH AVE 14885 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 SORENSEN JEROME H RODDAN DELLA L 9705 SW MARILYN CT 9675 SW MARILYN COURT TIGARD, OR 97224 TIGARD, OR 97224 NICHOLSON SHANE & HEINKE MICHAEL & CATHRYN 14895 SW 96TH AVE 14910 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 ROTHSCHILD KEITH S RODGERS KENNETH A AND 14905 SW 98TH AVE 14900 SW 96TH TIGARD, OR 97224 TIGARD, OR 97224 MILLER DAVID L AND WINSTON MARK & ZSUZSANNA 14900 SW 98TH 14925 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 RIVERMAN WILLIAM E INA WHEATLEY ROBERT W & 14950 SW 100TH 14945 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 POEHLER EDWARD CARL MOORE TIMOTHY & 14940 SW 96TH AVE 14940 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97224 BREITENSTEIN ROBERT W & LUNDSTROM RICHARD & NAILA 14945 SW 98TH AVE 9700 SW MARILYN CT TIGARD, OR 97224 TIGARD, OR 97224 RICKER DEWEY E JR AND ZENZANO NELSON & 9670 SW MARILYN COURT 14965 SW 96TH AVE TIGARD, OR 97224 TIGARD, OR 97224 KNEZ JOHN S JR & VICKI L NESS DYANN E 14980 SW 100TH AVE 14977 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 ROEMHILDT MARION PALMER FAMILY TRUST 14980 SW 98TH ST 14980 SW 96TH AVE TIGARD, OR 97224 TIGARD, OR 97224 LEITNER CINDY B JOHNSON KENNETH AND 14985 SW 98TH ' 9695 DARMEL COURT TIGARD, OR 97224 TIGARD, OR 97224 STONE GEORGE L JR HELEN SLAUGHTER JOHN A BEATRICE 9665 SW DARMEL COURT 15055 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 KALLSTROM EVELYN LOUISE ONNIS DORIS A/ROBERTO 15025 SW 100TH 15025 SW 98TH TIGARD, OR 97224 TIGARD, OR 97224 GOLDEN CAROL JEAN & DAVISON STEPHEN ANN 15020 SW 98TH 15040 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 ONNIS DORIS A/ROBERTO ESTRADA JOSE L & OLIVIA J 15025 SW 98TH AVE DUPLICATE 15060 SW 98TH TIGARD, OR 97223 DO NOT MAIL TIGARD, OR 97224 WILCOX DALE G & NANCY A TRS COLLINS KELLY & 9700 SW DARMEL CT 9670 SW DARMEL CT TIGARD, OR 97224 TIGARD, OR 97224 COMEGYS DONALD L IDA J GARNER DANIEL T AND 15060 SW 100TH 15065 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97224 BODEA GHERASIM & MOLATORE STEPHEN R & DEBRA L 15100 SW 98TH AVE 9955 SW SATTLER ST TIGARD, OR 97224 TIGARD, OR 97224 JONES MALCOLM Y AND ASBRA ANDREW J 9885 SW SATTLER 9845 SW SATTLER ST TIGARD, OR 97224 TIGARD, OR 97224 STARKEY WILLIAM L & BONNIE K CERBU MIRCEA 9825 SW SATTLER ST 15105 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97224 CURTISS GORDON P & FURLOTT ELIZABETH L/RODNEY C 9725 SW SATTLER ST 9685 SW SATTLER ST TIGARD, OR 97224 TIGARD, OR 97224 AMODEO RICHARD D AND WANDA M EVEN MARC ROBERT & 9765 SW SATTLER ST 9900 SW SATTLER ST TIGARD, OR 97224 TIGARD, OR 97224 Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO.01- y A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Prograni. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 4- Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 .PASSED: This- day of 2001. ji"a ayor Ci of 'and ATTEST: ~ 20-4-lk M-Z Recorder - City of tigard I:\Citywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01 Page 2 TABLE 7 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 1067" & JOHNSON No.12 5,598 No reimbursement available 100TH & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No. 15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARANo.17 8,000 July 11,2003 WALNUT & 121` No.18 Amount to be reimbursed will be Throe yonrc from corvico availability -ROSE VISTA No.20 determined once final costs are determined. Currently being constructed I Attachment 8 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO.03-,55_ Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of CO-ob¢ri, 2003. z AL Craig E. Dirksen, Council President ATTEST: o - City Recorder - City of Tigard I1enp~4ngVeimbursemeaq ElsWctsVwlslons ten otde aug ze 03Noa 14 07 councinIoum a0ftn to na ide.e&doc RESOLUTION NO. 03- 55 Page 2 Reimbursement District No. 27 \,SW Murdock & 100th Avenue Finalization of Sanitary Sewer .__..._.,.........__..,...~..-.a Reimbursement District No. 27 T71 ,i I~; .ail ' - U.~... _1 1 I 1 I_ 1 .SW Murdock & 100th Avenue) 74 7 i. Lots 4i ' L l 1i rr~ March 8, 2005 i Reimbursement District No. 27 Reimbursement District No. 27 inIal Costs e•District formed through Resolution No. Project Cost for 74 lots: $748,477 04-45 Project Cost 17% less than the estimated -.-District includes sewer service to seventy- cost four lots e• Reimbursement Fee (Per Owner) -:-Project is completed and sewer can be A$0.54027 per square foot of lot served made available to the lots Reimbursement District No. 27 Reimbursement District No. 27 Incentive Program `Additional Owner Costs Reduced to $6,000 to the extent that it does Each owner pays the following: not exceed $15,000 if connection is made A$2,535 connection and inspection fee, which within three years after service becomes funds treatment facility construction available A $50 (average) service charge per two months for operation and maintenance of the entire If all 74 lots connect within three years, the system property owners would pay $499,851 and AAII costs to connect to the lateral installed the City $248,626 through this protect 1 Staff Recommendation That Council pass the resolution finalizing Reimbursement District No. 27 (SW Murdock, 100th Avenue) Sewer will be made available upon passage of the resolution 2 AGENDA ITEM No. 6 Date: March 8, 2005 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (Informational) Formation of Sanitary Sewer Reimbursement District No. 34 (SW 117t" Avenue) Due to Time Constraints City Council May Impose A Time Limit on Testimony htedmVreeftity wuncihccslgnuptph testimony Informational.doc AGENDA ITEM No. 6 March 8, 2005 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # W FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 34 (SW I I f Avenue) PREPARED BY: G. Be DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to four lots along SW 117th Avenue south of Gaarde Street. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee, currently $2,535, before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1-Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Vicinity Map Attachment 3- Communication Plan Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The estimated cost of the project is $35,229. This amount includes the estimated cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. 11ergtgmpVeimbur.emen1 dlstdctst34 117thVormation\7.08-05 reim dirt 34 ais.doc Attachment 24 117TH AVENUE SANITARY SEWER IMPROVEMENT REIMBURSEMENT DISTRICT NO. 34 A PORTION OF THE NW 1/4 OF SECTION 10 T2S RiW W.M. N W F- x F- GAARDE ST --E W LE LANE a x IL W H Q N 1 Q x r Q Q VICINITY MAP Attachment 3 Communications Plan SW 117th Avenue Sanitary Sewer Extension Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 34. Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility 1/25/05 Neighborhood Meeting Mail Meeting Notice to property owners Administrative Notice Specialists Meet with property owners to explain Engr. Manager 2/9/05 Neighborhood Meeting procedure and to review estimated costs Project Engr. and construction schedule. 2/18/05 Hearing Notice Mail Notice of formation of Reimbursement Administrative District to Property Specialists 3/8/05 Formation Hearing City Council reviews and forms proposed Project Engr. Sanitary Sewer District 3/9/05 Notice of Decision Mail Notice of Decision to property owners Administrative within District Specialists 3/10/05 Advertisement Submit advertisement for bids to DJC and Administrative TT Specialists Engr. Manager 3/24/05 Bid Opening Opening of Bids at public bid opening. Administrative Specialist 4/12/05 Award Bid Send NOA and contract documents to Administrative lowest bidder Specialists 4/22/05 Pre-Construction Meet with contractor to reveiw project Construction Meeting requirements Inspector 5/2/05 Notice to Proceed Authorize low bidder to begin work. Administrative Specialists Plan needs to be approved by construction Construction 5/2/05 Traffic Control Plan inspector and project manager Inspector En r. Manager Throughout Lateral Locations Confirm location of laterals with property Construction construction owners Inspector Throughout Hang Construction Notice on doorknobs of Construction construction Construction Notice property owners impacted by project Inspector Contractor Throughout Construction Inspector is available to receive and Construction construction Inspection respond to complaints Inspector Notice to property Mail hearing notice, resolution, property Project Engr. 7/11/05 owners of Assessment owner cost to each property owner. Administrative Hearin with CC Specialists Mail resolution with attachments to each Engr. Manager 7/26/05 Notice of Assessment property owner Administrative Specialists Prepared by: Af Approved by: P 11ergtgre01re1mbumemem distdctst34 1reim list 34 communicatlons plan.doc Attachment 4 February 18, 2005 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, March 8, 2005 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 34. (SW 117th Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW 117th Avenue. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 718-2468 or at www.ci.tigard.or.us. iAen"reg\relmbumement districts\34 117tWoonation\3-08-05 relm dist 34notice 1.doc Proposed Sanitary Sewer Reimbursement District No. 34 (SW 117`h Avenue) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the February 9, 2005 neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution No. 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution No. 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee, currently $2,535, at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. 117TH AVENUE SANITARY SEWER IMPROVMENT RIEMBURSMENT DISTRICT NO. 34 A PORTION OF THE NW 1/4 OF SECTION 10 T2S R1W W.M. N b f g5 k E L rc VICINITY MAP Attachment 5 2S110BA01200 2S110BA01100 ANDERSON ERIK F/JILL C HURD SUSAN J 14105 SW 117TH AVE 14145 SW 117TH AVE TIGARD OR 97224 TIGARD OR 97224 2511 , A00500 2S110BA01000 HURD LL/RNN,224 & SUSAN J HICKOK WILLIAM H & SHARON K 14145 SH AVE 14185 SW 117TH AVE TIGARD TIGARD OR 97224 2S110BA00900 ANDERSON KAREN RAE TRUSTEE 14225 SW 117TH AVE TIGARD OR 97224 Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO.01- Y A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 4( Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 .PASSED: This- d 4 day of 2001. ayor Ci of and ATTEST: Recorder - City of 'hgard 1ACitywide\ReAResolubon Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01-(! Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STAVYNo.9 4,506 No reimbursement available HILLVIEW ST N0.11 8,000 July 11, 2003 106TH & JOHNSON No.12 5,598 No reimbursement available 10P & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No. 15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 OWARA No.17 8,000 July, 11,2003 WALNUT & 121' No.16 Amount to be reimbursed will be Throo yours from corvice availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use pen-nit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. f~_l PASSED: This day of Ct,+Db¢j-t-- 2003. f Ni~i~ City of Tig"d Craig E. Dirksen, Council President ATTEST: V City Recorder - City of Tigard 1.%engV0re0Vei.bun enl dlsWctsVwislons res 01-48 au0 20 031QG 14 03 councihIO.14-03 addWon torn 1.48 ra.dDc RESOLUTION NO. 03- 55 Page 2 Reimbursement District No. 34 11711, Avenue ` AW Formation of Sanitary Sewer _ Reimbursement District No. 34 iii iI r=rc: T -W if i ~SW 11711 Avenue) 4 Lots II f l1Itlt 1 - March 8, 2005 - r+-I L Reimbursement District No. 34 \P;1171/'AvenueMeetings Conducted -.-Sewer service will be provided to .:.Neighborhood meeting four lots AConducted February 9, 2005 at Town Hall AStaff explained the Citywide Sewer ...Only area south of Gaarde Street that Extension Program and reviewed project remains without service details with owners 1 q Reimbursement District No. 34 Reimbursement District No. 34 IS, 117th Avenue k , ,II Th Avenue Estimated Project Cost for 4 lots: $35,229 In addition, each owner pays the following: Estimated Reimbursement Fee (Per Owner) A$2,535 connection and inspection fee, which A$0.61629 per square foot funds treatment facility construction Incentive Program A $50 (average) service charge per two months for AReduced to $6,000 to the extent that it does not exceed operation and maintenance of the entire system $15,000 if connection is made within three years after service becomes available AAII costs to connect to the lateral installed AAmount over $15,000 can be deferred upon request until through this project development occurs s l Reimbursement District No. 34 S . 11711' Avenue Staff Recommendation e• Project will begin this, summer ~f Final costs will be based on actual ❖ That Council approve the resolution construction costs plus 13.5% engineering forming Reimbursement District No. 34 and inspection fees (SW 1 I Th Avenue) Finalization of the district will be brought back to Council after all work is completed and actual costs are known X 2 AGENDA ITEM No. 7 Date: March 8, 2005 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (Informational) Formation of Sanitary Sewer Reimbursement District No. 31 (SW O'Mara, Edgewood Streets) Due to Time Constraints City Council May Impose A Time Limit on Testimony i:ladmVreerl4 ty councihccslgnuptph testimony Infonnational.doc AGENDA ITEM No. 7 March 8, 2005 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # ! FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 31 (SW O'Mara, Edgewood Streets) PREPARED BY: G. Be &1-DEPT HEAD OK OfIDVO'O"04~ CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to forty-six lots in the SW O'Mara and Edgewood Streets area. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee, currently $2,535, before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1-Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Vicinity Map Attachment 3- Communication Plan Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The estimated cost of the project is $806,420. This amount includes the estimated cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. hergVmgVeimbursement distdcts131 o'mara edgewoodit mationl3-08-05 relm dirt 31 ais.doc Attachment 2 O'MARA, EDGEWOOD SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #31 A PORTION OF THE SW 1 /4 OF SECTION 2 T2S R1 W W.M. A N a / W r 0 J Z S~ _ - O'MARA ST HILL v O'MARA ST yc ~P P o 0 3 W C) j W EDGEWOOD ST VICINITY MAP NTS Attachment 3 Communications Plan SW O'Mara, Edgewood Streets Sanitary Sewer Extension Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 31. Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility 1/25/05 Neighborhood Meeting Mail Meeting Notice to property owners Administrative Notice Specialists Meet with property owners to explain Engr. Manager 2/9/05 Neighborhood Meeting procedure and to review estimated costs Project Engr. and construction schedule. 2/18/05 Hearing Notice Mail Notice of formation of Reimbursement Administrative District to Property Specialists 3/8/05 Formation Hearing City Council reviews and forms proposed Project Engr. Sanitary Sewer District 3/9/05 Notice of Decision Mail Notice of Decision to property owners Administrative within District Specialists 3/10/05 Advertisement Submit advertisement for bids to DJC and Administrative TT Specialists Engr. Manager 3/24/05 Bid Opening Opening of Bids at public bid opening. Administrative Specialist 4/12/05 Award Bid Send NOA and contract documents to Administrative lowest bidder Specialists 4/22/05 Pre-Construction Meet with contractor to reveiw project Construction Meeting requirements Inspector 5/2/05 Notice to Proceed Authorize low bidder to begin work. Administrative Specialists Plan needs to be approved by construction Construction 5/2/05 Traffic Control Plan inspector and project manager Inspector En r. Manager Throughout Lateral Locations Confirm location of laterals with property Construction construction owners Inspector Throughout Hang Construction Notice on doorknobs of Construction construction Construction Notice property owners impacted by project Inspector Contractor Throughout Construction Inspector is available to receive and Construction construction Inspection res and to complaints Inspector Notice to property Mail hearing notice, resolution, property Project Engr. 7/11/05 owners of Assessment owner cost to each property owner. Administrative Hearin with CC Specialists Mail resolution with attachments to each Engr. Manager 7/26/05 Notice of Assessment property owner Administrative Specialists Prepared by: fS 7 V, A/ Approved by: -tj- i:\erg~grep\relmbumemem districts\31 ar wipe oodVormation\3-MO5 communications plan.doc Attachment 4 February 18, 2005 CITY OF TIGARD OREGON NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, March 8, 2005 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 31. (SW O'Mara, Edgewood Streets) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW. O'Mara and Edgewood Streets Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 718-2468 or at www.ci.tigard.or.us. i:\engtgregVelmbursement d{stnctst31 o'mara edgevood\ onnatioffi3-0&05 notice 1.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Proposed Sanitary Sewer Reimbursement District No. 31 (SW O'Mara, Edgewood Streets) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the February 9, 2005 neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of $15,000 maybe deferred until the owner's lot is developed. The owner would also be required to pay a connection fee, currently $2,535, at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. O'MARA, EDGEWOOD SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #31 A PORTION OF THE SW 1/4 OF SECTION 2 T2S R1W W.M. U~ A N a w r- 0 HILL v G O'MARA ST tic S~ o p 0 0 3 W t7 W EDGEWOOD ST VICINITY MAP NTS Smooth Feed SheetsTM Use Attachment 5 BAILEY LAWRENCE E II & ROSELLA K BLICK CARL J & DONA JEAN 9355 SW EDGEWOOD ST 8740 SW O'MARA TIGARD, OR 97223 i TIGARD, OR 97223 BOTHWELL ANNE M CLARK PAUL E & BETTY J 9265 SW EDGEWOOD ST 9160 SW EDGEWOOD TIGARD, OR 97223 TIGARD, OR 97223 CROSSWHITE DAVID E & JANICE A DEMMIN DWAYNE W & ANGELA L 8855 SW EDGEWOOD ST 8930 SW OMARA ST TIGARD, OR 97223 TIGARD, OR 97223 DUFFIELD EDWARD & SUSAN D GEDNEY FRAYNIE M TRUSTEE 8895 SW EDGEWOOD 9270 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 GEOFFROY DOUGLAS B GETSINGER EVELYN M FAMILY TRUST 9325 SW EDGEWOOD 9400 SW EDGEWOOD TIGARD, OR 97223 ! TIGARD, OR 97223 j GILCHRIST EARL & J NONA GOETZ HOWARD V & NANCY K 9100 SW EDGEWOOD ST ! 8935 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 GUERRANT ORVILLE D HARRIS RICK G PO BOX 230297 8930 SW EDGEWOOD ST TIGARD, OR 97281 TIGARD, OR 97223 HAWKINS JEFFERY S HOLLAND RONALD P & MARY L 8900 SW OMARA 8850 SW EDGEWOOD TIGARD, OR 97223 TIGARD, OR 97223 HOLSTEIN MARVIN R & LORETTA R TRS HURLBUTT WILLIAM M & CHRISTINE 8710 SW OMARA 8990 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 JENSEN DAVID L & LOIS C JOHNSON CLARENCE DEAN 8840 SW EDGEWOOD 9440 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 AVERY Address Labels Laser 5961 TM Smooth Feed Sheets TM Use.template for 51610 KANDZIORA GABRIELA KING SCOTT G & ELIZABETH A i PO BOX 231195 ! 9235 SW EDGEWOOD ST PORTLAND, OR 97281 TIGARD, OR 97223 KRAEMER JULIA A & MARK W LALLY DONALD P & BRENDA J PO BOX 80665 8870 SW O'MARA ST PORTLAND, OR 97280 TIGARD, OR 97223 LARSEN PAUL ANDREW LARVIK KENNETH E 9115 SW EDGEWOOD 9155 SW EDGEWOOD ST TIGARD, OR 97224 j TIGARD, OR 97223 LASNIEWSKI WILLIAM L MADSEN JUDITH L 8860 SW EDGEWOOD 9515 SW EDGEWOOD ST TIGARD, OR 97223 I TIGARD, OR 97223 i MCANDREW JOHN W & ANGELA D ! MITCHELL CARL R 8830 SW OMARA ST 9435 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 MUTSCHLER DAVID K OTT GARETH & S ANNE 9465 SW EDGEWOOD ST 9055 SW EDGEWOOD TIGARD, OR 97223 TIGARD, OR 97223 i OTTING LOIS E PALMER MARCIA R 8885 SW O'MARA ST 9070 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 RUSSELL NORMAN L SABBE REMI & APRIL 8857 SW EDGEWOOD ST 9175 SW EDGEWOOD ST TIGARD, OR 97223 TIGARD, OR 97223 SIMMONS CRAIG & JOELLE STEINBICHLER GEORGE 9300 SW EDGEWOOD ST ! 8855 SW OMARA ST TIGARD, OR 97223 TIGARD, OR 97223 SULLIVAN RICHARD A & SUZANNE P TENY GEORGE & JENNA ' 9085 SW EDGEWOOD 6685 SW SAGERT ST TIGARD, OR 97224 ! TUALATIN, OR 97062 A~ AVERY Address Labels Laser 5961 TM Smooth Feed Sheets TM Use template for 51610 TOKUDA KAZUHIDE UNDERHILL MARK R 8870 SW EDGEWOOD ST 8960 SW EDGEWOOD TIGARD, OR 97223 TIGARD, OR 97223 WACHSMUTH LOUIS J WILSON JOHN G & JODY K 9285 SW EDGEWOOD 12995 SW PACIFIC HWY TIGARD, OR 97223 TIGARD, OR 97223 ZINDA TODD ABBOTT TERRY A & LAURIE J 8915 SW O'MARA ST 8995 SW EDGEWOOD ST TIGARD, OR 97223 !TIGARD, OR 97223 i i i i WITCOSKY, TAMMY 9400 SW PANORAMA PLACE PORTLAND, OR 97225 I ! I ' i ii i I ' SAVERYO Address Labels Laser 5961T"" Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO.01- A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This- d - day of 2001. ayor Ci of and ATTEST: 20-44% i Recorder - City of 'hgard i:\Ciq-Mde\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01-Y(l Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 6,000 July 11, 2003 106'" & JOHNSON No.12 5,598 No reimbursement available 100TH & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No. 14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 *WALNUT & 121' N0.16 - Amount to be reimbursed will be Throo yoare from corvice availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use pen-nit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO.03- ,5 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of 2003. , /-c/ 1-.AL Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard I: ten010re01reimbursemem d1sWC15Vw1s1ons res 01.48 au0 26 031oct 14 03 coundNl0.14-03 addl6on to res 1-46 res.doc RESOLUTION NO. 03- ,55 Page 2 Reimbursement District No. 31 \,SW O'Mara, Edgewood Streets Formation of Sanitary Sewer Reimbursement District No. 31 \ S;W O'Mara, Edgewood Streets) ; ; p W ' p ;,~a,•~ . • Sewer service will be '4~ IT provided to 1.1 • '.C .1 March 8, 2005 h 46 lots - yI II Meetings Conducted ~Reimbursement District No. 31 F'' 'O'Mara, Edgewood Streets Estimated Project Cost for 46 lots: $806,420 ...Neighborhood meeting Estimated Reimbursement Fee (Per Owner) AConducted February 9, 2005 at Town Hall •$0.6646 per square foot AStaff explained the Citywide Sewer : Incentive Program Extension Program and reviewed project ♦Reduced to $6,000 to the extent that it does not exceed details with owners $15,000 ifconnection is made within three years after service becomes available AAmount over $15,000 can be deferred upon request until development occurs i Reimbursement District No. 31 Reimbursement District No. 31 ,S; O'Mara, Edgewood Streets KO 'Mara, Edgewood Streets In addition, each owner pays the following: Project will begin this summer A$2,535 connection and inspection fee, which Final costs will be based on actual funds treatment facility construction construction costs plus 13.5% engineering A $50 (average) service charge per two months for and inspection fees operation and maintenance of the entire system Finalization of the district will be brought AAII costs to connect to the lateral installed back to Council after all work is completed through this project and actual costs are known 5 Staff Recommendation -..That Council approve the resolution forming Reimbursement District No. 31 (SW O'Mara, Edgewood Streets) 2 AGENDA ITEM # q FOR AGENDA OF March 8, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Proposed Local Improvement District for 79`h Avenue Improvements PREPARED BY: A.P. Duenas DEPT HEAD OK: 4A.P. Duenas CITY MGR OK: Vl ISSUE BEFORE THE COUNCIL Shall the City proceed with the process to form a Local Improvement District (LID) for construction of improvements on 79th Avenue between Gentle Woods Drive and Bonita Road? STAFF RECOMMENDATION That Council, by motion, direct staff to continue with the development of the proposed 79th Avenue LID in accordance with the recommendations of the Preliminary Evaluation Report. INFORMATION SUMMARY A local improvement district is proposed to construct improvements on 79th Avenue between Gentle Woods Drive and Bonita Road. 79th Avenue between Durham Road and Bonita Road is in need of reconstruction and widening. The segment of 79th Avenue north of Gentle Woods Drive is in need of vertical realignment to eliminate sags and crests that do not come close to meeting current geometric standards and present a safety hazard to motorists and pedestrians. This neighborhood route is frequently used for north-south traffic between Bonita Road and Durham Road. The existing roadway section is narrow, is in deteriorated condition, and is without any facilities to accommodate pedestrians and bicyclists. The north half of the street has numerous undeveloped lots on both sides, some of which are in the process of development. The engineering design for the 791h Avenue widening and reco 1truction was completed in 2001. That design is currently being used to guide developments as they occur. The completed design for that street would need some revision to comply with the requirements of the Transportation System Plan adopted in 2002. However, much of the design work is still valid and can be used in the preparation of drawings and other documents for construction of the project. An investment company has arranged for the purchase of 5 (five) neighboring lots on 79th Avenue, near Bonita Road, for the purpose of building a housing development. Colton Fettig Company, representing the interests of the current property owners, has formally expressed their desire to establish an LID. The desire of this pending development to form an LID presents an opportunity to comprehensively address the deficiencies of the existing street by widening it, reconstructing it to correct the severe vertical alignment problems, and by providing sidewalks and bike lanes along the street. The scope of work would include right-of-way acquisition, storm and sewer improvements, undergrounding of overhead utility lines, and both full and half-width street improvements to include roadway widening, curb and gutter and sidewalk improvements. The work limits would be on 791h Avenue, from Bonita Road on the north limit to 1,500 feet south. The construction costs for these improvements range from approximately $520,000.00 to $790,000.00, depending upon the boundaries established for the LID improvements.. The proposed LID appears feasible. The attached Preliminary Evaluation Report examines the proposed LID in greater detail, provides a tentative timeline for LID formation and construction of the improvements, and recommends that the process continue towards LID formation. Two alternatives were evaluated (see Attachment 1). Alternative #1 establishes the southerly boundary just north of Gentle Woods Drive. Alternative #2 terminates the improvements approximately 500 feet north of the first alternative's southerly boundary. Alternative #1 includes a large, undeveloped parcel (TL 1500 on the attached map) that is not currently proposed for development, but could develop at some point in the near future. The owner is working with an engineering firm to see what could be done on that property. Alternative #1 would be feasible if the owner of this property does not remonstrate against formation of the LID to construct 79th Avenue along the lot frontage. Construction of the improvements as part of the LID would reduce the public improvement requirements of the lot at time of development. The two alternatives show some properties whose owners have not been contacted officially about the proposed LID. The purpose of this report is to depict feasible LID boundaries and determine if the LID is feasible based on those boundaries. It is premature at this time to contact those property owners and have discussions regarding the proposed LID with them. If Council were to give their approval for proceeding with the establishment of the LID, the next step would be to prepare a Preliminary Engineer's Report to examine the proposed LID in greater detail. Staff would prepare a resolution for City Council consideration directing the preparation of this report. During the preparation of the Preliminary Engineer's Report, all the property owners that may be affected would be contacted. One or more neighborhood meetings would be conducted to explain the LID process, the benefits of the proposed LID, how their properties would be affected by the street improvements, and the assessments that would follow upon completion of the work. The final boundary limits would be set after the discussions with the property owners have been completed. The improvements proposed in the 79`h Avenue LID would greatly enhance safety along this neighborhood route by correcting severe vertical alignment problems and by including provisions for pedestrians and bicyclists. Extending the improvements to the Gentle Woods subdivision would allow connection of the improved street to an existing half-street improvement performed as part of that subdivision. In addition, several lots would benefit from new sewer lateral service. The staff preference would be to pursue an LID that constructs 79th Avenue down to the Gentle Woods subdivision. If the process moves quickly, the district could be formed and the project initiated in late summer or early fall. The construction work could proceed in the fall with completion of the project in the spring of 2006. OTHER ALTERNATIVES CONSIDERED Alternatives #I and #2 Do not pursue LID formation VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Improvements to 79`h Avenue would meet the Tigard Beyond Tomorrow goals of Improve Traffic Safety and Improve Traffic Flow. ATTACHMENT LIST • Attachment 1- Proposed Alternatives for LID boundary • Attachment 2 - Aerial Photo • Attachment 3 - Vicinity Map • Preliminary Evaluation Report FISCAL NOTES There are no funds currently allocated for the preparation of the Preliminary Engineer's Report. Funding will have to be provided for the LID formation process to continue. If Council directs staff to continue with the LID process, a budget adjustment would be required and funding would most appropriately be from the Gas Tax Fund. The estimated cost for preparation of the Preliminary Engineer's Report and completion of final drawings for the project is $150,000 based on Alternative #1. That budget adjustment would be presented for Council consideration at the same time as the resolution directing the preparation of the Preliminary Engineer's Report. Construction Management and inspection plus construction staking would be additional costs that would be estimated during the preparation of the report. Any additional costs beyond the initial budget established for this project would be included in the FY 2005-06 CIP. hengtgWcouncil agenda summariesk3-8-05 proposed lid for 79th avenue improvemerus als.doc Attachment 1 (PROPOSED) ALTERNATIVES FOR LOCAL IMPROVEMENT DISTRICT 79TH AVE Alternative # 1 Alternative # 2 47% of LID Approves 61 % of LID Approves BONITA RD TL3900 BONITA RD TL 3900 15 MA NIA A 'X 230 14925 S S 14985 14955 t S S a. NORTH Legend: W LID Approval Confirmed LID Approval Undetermined LID Remonstrance Agreement TL ##q# Tax Lot Number Lot Address S Sewer Connection Needed Attachment 2 (PROPOSED) LOCAL IMPROVEMENT DISTRICT 79 AVE AERIAL PHOTO BONITA RD 79`" AVE GENTLE WOODS DR Attachment 3 (PROPOSED) LOCAL IMPROVEMENT DISTRICT 79TH AVE VICINITY MAP U 10 BONITA RD 79`" AVE TA TAIm O LA GENTLE WOODS DR •RDMI Y D/ D Lx we ` 4 Preliminary Evaluation Report Proposed Formation of a Local Improvement District to Construct Improvements on 79th Avenue Between Gentle Woods Drive and Bonita Road Background A Local Improvement District (LID) is proposed to construct improvements on 79th Avenue between Gentle Woods Drive and Bonita Road. This residential area consists of both a growing number of smaller subdivided lots as well as larger lots laid out in the original Durham Acres subdivision from 1911. As can be expected, the area density has grown tremendously and the need to improve the roadway and infrastructure has emerged. Not all of the residents agree on what should be done to address the situation. For example, in the year 2000, the 79th Avenue Reconstruction Project (Durham Road to Bonita Road) was a candidate for the proposed transportation bond measure but was eliminated after certain property owners objected to the proposed improvements voicing their desire to keep thru- traffic off their street. The project was not constructed, and the condition of the roadway has worsened. In an effort to pursue an improved roadway, the owners of five (5) lots on 79"' Avenue near Bonita Road have formally expressed their interest in the establishment of a LID. These owners represent 48% of the total area within this proposed 79th Avenue LID. As of June 2004, the combined assessed value of these lots is $1,358,290.00. Current Situation Through the proposed improvements of the 79th Avenue LID, this neighborhood route will receive several distinct enhancements to their current roadway facilities. For example, the narrow road widths and excessive vertical curves would be reconstructed and realigned to improve travel and visibility. The lack of existing sidewalks and bike lanes would also be addressed. In addition, the south end of this proposed LID boundary would connect to the terminus of an existing half-street improvement (roadway and sidewalk). In turn, 79th Avenue would provide approximately a half-mile of roadway improvements south of Bonita Road. In addition, several lots that are currently excluded from the public sewer would benefit from new service laterals. Once the improvements associated with this LID have been completed, the affected portions of 79th Avenue will be more compliant with the City of Tigard roadway design standards. In addition, an improved sense of visual continuity within the area will be experienced by the residents and traveling public. If Council moves to proceed with establishing the 79th Avenue Local Improvement District, the following estimated time line can be expected. • City Engineer submits Preliminary Evaluation Report (March 8, 2005) • Council directs staff to submit a resolution authorizing preparation of a Preliminary Engineer's Report (April 12, 2005) Proposed 79th Avenue LID - Preliminary Evaluation Report Page 1 of 4 • Council Approves Preliminary Engineer's Report (June 14, 2005) • Declaration of intention to form the LID (June 28, 2005) • District Formation (July 12, 2005) • Prepare Final Plans/Specifications (by end of August 2005) • Construction (September 2005 through May 2006) • Determine/Levy Assessments by Ordinance (after completion of construction) Alternatives Considered • Alternative 1: Full-Width Street improvements 79th Avenue - 1,070 ft (approximately) From the Leiser Park development terminus to the southern LID boundary at the Gentle Woods development terminus. Half-Width Street improvements 79th Avenue - 510 ft (approximately) North from the Leiser Park development terminus to Bonita Road. The cost of this alternative is approximately $790,000.00. • Alternative 2: Full-Width Street improvements 79th Avenue - 530 ft (approximately) From the Leiser Park development terminus to 530 ft south. Half-Width Street improvements 79th Avenue - 510 ft (approximately) North from the Leiser Park development terminus to Bonita Road. The cost of this alternative is approximately $520,000.00. Utilities In terms of available storm and sewer facilities within the proposed boundary of the 79th Avenue LID, there is a definite potential for enhancement. As of now, 79th Avenue has existing storm and sewer improvements from Bonita Road to the south terminus of the Leiser Park development (520 ft south of Bonita Road). Sewer A feasibility study should be performed to assess the possibility of a sewer line installation throughout the proposed limits of the LID. Alternative #1 presents the opportunity for sewer improvements directed through Tax Lot 1500, owned by Cornutt Enterprises, LLC. Proposed 79th Avenue LID - Preliminary Evaluation Report Page 2 of 4 Storm Drain Within the proposed LID boundary are several existing grass or rock-lined swales that collect/direct runoff to an existing creek east of 79th Avenue. It is recommended that a feasibility study be performed to determine the possibility of directing all storm runoff into this existing creek. Again, Alternative #1 presents the opportunity for runoff to be directed through Tax Lot 1500, owned by Cornutt Enterprises, LLC. Water According to the information in the City of Tigard's Magic GIS Project program, there appears to be an 8-inch Tigard Water District Water line that runs down 79th Avenue. In addition, water utility features and fire hydrants were observed. However, further investigation needs to be performed to determine the exact locations of the water utility features throughout the proposed LID. Then, recommendations can be made on the limits of water utility improvements. Gas Further investigation and location will be needed to determine the improvements throughout the proposed LID. Power, Telephone, Cable and Street Lights Currently, there are overhead lines on 79th Avenue that supply power, telephone and cable service. It is recommended that these overhead utilities be placed underground as part of the scope of work involved with the LID. There are currently no street lights on 79th Avenue within the proposed boundary of the LID. Street Design Requirements The City of Tigard Design Standards, in conjunction with the Tigard Transportation System Plan, call for the following on Neighborhood Routes such as 79th Avenue: Neighborhood Route - 791h Avenue Required ROW: 50 - 60 ft Pavement requirement: 28-36 ft curb-to-curb Vehicle Lane Width: 9-10 ft On-Street Parking: 8 ft Sidewalks: 5 ft wide Landscape Strips: Where Appropriate Curb Extensions: Consider on Pedestrian Routes Right of Way Acquisition In order to satisfy the City of Tigard Design Standards, in conjunction with the Tigard Transportation System Plan for Required ROW (60'), seventeen (17) lots within the proposed LID boundary for Alternative #1 require right-of-way acquisition. The required Proposed 79th Avenue LID - Preliminary Evaluation Report Page 3 of 4 right-of-way acquisition is approximately 0.57 acres (or 25,022 sq ft). The required right-of- way acquisition for Alternative #2 is approximately 0.39 acres (or 17,066 sq ft). Issues To Be Resolved Some of the major issues that need to be resolved for the successful implementation of the improvements in the proposed LID are: • LID boundary and included property owners. • Right of Way Acquisition of property for widening purposes. • Sewer improvements on 791h Avenue through the Capital Improvement Program. • Modifying the current design to conform with current standards • Connect to the existing curb and gutter where possible. • Location and identification of existing utilities. Recommendations The LID appears feasible. To comprehensively address the deficiencies on 79th Avenue, staff recommends the following: • That Council direct staff to proceed with the next step in the LID process. This would require a resolution directing staff to proceed with the preparation of a Preliminary Engineer's Report. This report would examine the • That Alternative #1 be pursued, which would establish the southerly boundary just north of Gentle Woods Drive. That a funding source be established to prepare the Preliminary Engineer's Report. This action could be taken in conjunction with the resolution directing staff to proceed with the LID process. i:\enp\Uus\proposed lids\79N avenue\proposed 79It1 avenue lid - preliminary evaluation report.doc Proposed 791h Avenue LID - Preliminary Evaluation Report Page 4 of 4 s City of Tigard 79th Avenue t ~ • Neighborhood route • Connects Bonita Road and Durham Proposed Local Road Improvement District • Sags and crests on the north half for 79th Avenue Improvements require vertical realignment • Existing street is extremely • deteriorated-needs reconstruction March 8, 2005 • Lacks sidewalks and shoulders Vicinity Map Vicinity Map a'+4,.1L I~ ~I iFx M.ern Avrm,'Utn'xifT 1~ I 1\ttt1111\f~,~ ~l-......_ mns ~ M'r Y I 791h Avenue jr~ il < 1E a,, " Photos of the Street Photos of the Street , . 1111111k 1111 A YJAW Leine-rPnil: Suh~li,i~iGn - I'O rtiaf SLECt lm)~[h rt',I111i~,14_ ' ' 791h Northbound 791" northbound to Bonita Road 1 r Photos of the Street Photos of the Street { 7911' looking north to Bonita 791h looking south to Durham 5 t' 1 e r T r LID Process Proposed LID Formation I 4 i • Proposed development requests • Preliminary Evaluation Report s an LID *Preliminary Engineer's Report • An LID would construct full street • Declaration of intention to form improvements to the district ► Resolve vertical alignment problems I *District formation 1 ► Accommodate pedestrians and j; ~ J • Construction of Improvements bicyclists • Spreading of assessments by ► Permit land acquisition for widening ordinance Alternatives Considered II Alternatives Considered *Two alternatives considered ► Alternative #1 extends the improvements to just north of Gentle Woods Drive ► Alternative #2 stops about 500 feet north of the Alternative #1 project limits - t . 2 Existing Street Design Evaluation ~ nl *Advantages • Street design for reconstruction I ► Street reconstruction, widening, and and widening completed in 2001 r utilities can be dealt with in a • Transportation System Plan comprehensive manner standards were adopted in late ( ► Safety would be greatly enhanced (2002 _ along the street 0 Design would have to be modified € ► Supported by a developer of several to comply with the current large lots along the street standards ► Sidewalks and bike lanes would be constructed to accommodate pedestrians and bicyclists k 1.1 I~ Evaluation Issues • Determination of LID boundary • Disadvantages • Potential opposition from some lot t ► There may be opposition from owners some of the lot owners . a O Modification of existing design to ► Additional rights-of-way is (conform with current standards ( required for the widening eM • Rights-of-way acquisition to ► Widening would make access to a ` accommodate the widening couple of the lots relatively steep • Sanitary sewer and storm drainage need to be included in the redesign 15 I' 'a Estimated Costs Feasibility of the LID • Alternative #1 ► Design & CM - $150,0001 • The LID does appear feasible ► Rights-of-way - $130,000 • LID costs can be covered by the ► Construction Costs - $790,000 i value of the properties ( ► Total Cost - $1,070,000 ( regardless of which alternative is • Alternative #2 selected ► Design & CM - $100,000 ► Rights-of-way - $100,000 ► Construction Costs $520,000 ► Total Cost - $720,000 17 X ' 3 Next Step Step Next • Preparation of a Preliminary • The Preliminary Engineer's Engineer's Report Report would include ► Would examine the proposed LID in ► Scope of work greater detail , ► Proposed district boundaries • Property owners would be contacted • Meetings with affected properties ► Estimated costs would be conducted ► Other relevant information • LID boundary limits would be ► Recommendation for approval, established approval with conditions or denial • Project costs would be refined 19 ~70 If Council Approves Recommendations F *Resolution would be prepared for • That Council continue the LID M a Council consideration formation process by ► Directing staff to prepare a ► Authorizing preparation of a Preliminary Engineer's Report resolution to prepare a Preliminary ► Budget adjustment would be Engineer's Report ' submitted to fund the preparation of ► Authorizing the establishment of a the report funding mechanism for the report using Gas Tax Fund as the funding source t 21 22 4