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City Council Packet - 02/19/2019 Ii City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL BUSINESS/WORKSHOP MEETING DATE AND TIME: February 19,2019 - 6:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 6:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 6:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (IUD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.ti¢ard-or.eov/city hall/council meetine.oho CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. illi Citi'of.'1"i„ard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL BUSINESS/WORKSHOP MEETING DATE AND TIME: February 19,2019 - 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM 1. BUSINESS / WORKSHOP MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board). The Consent Agenda is used for routine items such as approval of minutes,receipt of council meeting calendars, proclamations,appointments to boards and committees and approval of contracts or intergovernmental agreements with partner agencies. Detailed information on each item is available on the city's website in the packet for this meeting and in a binder at the front of Town Hall. Approval may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. CONSIDER APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH ODOT TO COMPLETE STREET LIGHTING ON HWY 99W,72ND AVENUE TO DURHAM ROAD B. CONSIDER RESOLUTION TO APPOINT BUDGET COMMITTEE MEMBERS C. CONSIDER RESOLUTION ADOPTING TIGARD LIBRARY BOARD BYLAWS •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. CONSIDER APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH ODOT TO PARTIALY FUND THE NORTH DAKOTA STREET BRIDGE DESIGN AND REPLACEMENT 6:30 p.m. estimated time 5. JOINT MEETING WITH BUDGET COMMITTEE 6:45 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC) 7.74- EMERGENCY OPERATIONS 7:30 p.m. estimated time 7. NON AGENDA ITEMS 8. 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. 9. ADJOURNMENT 7:40 p.m. estimated time AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: February 19, 2019 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: (. � .ACS. \ .,.� ov 1. e� Also,please spell your name as it sounds,if it will help the presiding officer pronounce: t c' e.c ico-\ ICk Address 9S' S 5 GJ ' 1,404.-A, -111,ix^AtA)b oct City '�i �~� c A/1 c2o.c.10c. � State Zip m Z2 �t� �- ` � Phone No. 45-61 — �� 2 � x� y /CLL.Q-e—avvk Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSigoup\Citizen Communication.doe AIS-3689 3. A. Business Meeting Meeting Date: 02/19/2019 Length (in minutes): Consent Item Agenda Title: Consider Approval of an Intergovernmental Agreement with ODOT to Complete Street Lighting on Hwy 99W: 72nd Ave to Durham Road Submitted By: Tegan Enloe, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the city enter into an Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) so that they may design and construct street lighting at major intersections along Hwy 99W in Tigard? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council approve and authorize the City Manager to execute an IGA with ODOT to complete the street lighting project on Hwy 99W in Tigard. KEY FACTS AND INFORMATION SUMMARY In March of 2015, staff completed an application for grant funding under the State's All Roads Transportation Safety (ARTS) Program to install street lights at key intersections along Hwy 99W in Tigard. The application was in response to frequent requests to staff from pedestrians, cyclists, and transit users to provide street lighting to improve their visibility during their commutes. The City of Tigard's project request was selected by ODOT, who is now proposing to design and construct street lighting at the following intersections: Hwy 99W at: 1) 72nd Ave 2) Main/Johnson 3) McKenzie 4) School 5) Walnut 6) Frewing 7) Garrett 8) Park 9) Royalty Parkway 10) Durham Road OTHER ALTERNATIVES Council could choose not to recommend approval of the IGA, which would result in the removal of the project. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS This project aligns with the City's Strategic Plan goals to create a walkable environment. DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $1,177,000 Budgeted (yes or no): Yes Where budgeted?: Ped/Bike Small Projects Fund Additional Fiscal Notes: The Project Costs are as follows: Total cost: $1,177,000 Federal/Grant funds: $1,085,429 City match: Up to $100,000 (match is staff time, which is funded through Ped/Bike funds, CIP project #95027) Attachments ODOT IGA-Hwy 99W Street Lighting Misc. Contracts and Agreements No. 32976 LOCAL AGENCY AGREEMENT All Roads Transportation Safety State Delivered Federal Project OR99W (Barbur Blvd): MP 8.01 to MP 11.50 THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State" or "ODOT," and the CITY OF TIGARD acting by and through its elected officials, hereinafter referred to as "Agency," each herein referred to individually as a "Party" and collectively as the "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. OR 99W is a part of the state highways system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 3. Agency has agreed that State will deliver this project on behalf of the Agency. 4. The Stewardship and Oversight Agreement On Project Assumption and Program Oversight By and Between Federal Highway Administration, Oregon Division and the State of Oregon Department of Transportation ("Stewardship Agreement") documents the roles and responsibilities of the State with respect to project approvals and responsibilities regarding delivery of the Federal Aid Highway Program. This includes the State's oversight and reporting requirements related to locally administered projects. The provisions of that agreement are hereby incorporated and included by reference. 5. The project set forth in this Agreement was selected as part of the All Roads Transportation Safety Program and may be funded with a combination of eligible federal and state funds. NOW, THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, Agency and State agree to State delivering on behalf of Agency the OR99W (Barbur Blvd): MP 8.01 to MP 11.50 project, hereinafter referred to as the "Project." The Project's scope and location are further set forth in Exhibit A, attached hereto and by this reference made a part hereof. 2. State and Agency agree that State will serve as the lead contracting agency and contract administrator for the consultant contract related to the work under this Agreement. 3. The total cost of the Project set forth in this Agreement is estimated at $1,177,000, which is subject to change. Federal funds for the Project are limited to $1 ,085,429. Agency shall be responsible for the 7.78 percent match for all eligible costs and any non-participating costs. Key No. 20439 State/Agency MC& A No. 32976 Any unused federal or state funds will be retained by State, and will not be available for use by Agency for this Agreement or any other projects. 4. If the total cost of the Project exceeds $1,177,000, the Parties shall be responsible for such excess costs as provided in Special Provisions Paragraph 4. 5. Federal funds under this Agreement are provided under Title 23, United States Code. 6. With the exception of Americans with Disabilities Act of 1990 (ADA) related design standards and exceptions, State shall consult with Agency on Project decisions that impact Total Project Cost involving the application of design standards, design exceptions, risks, schedule, and preliminary engineering charges, for work performed on roadways under local jurisdiction. State will allow Agency to participate in regular meetings and will use all reasonable efforts to obtain Agency's concurrence on plans. State shall consult with Agency prior to making changes to Project scope, schedule, or budget. However, State may award a construction contract within ten (10) percent (%) of the engineer's estimate without prior approval of Agency. 7. State will submit the requests for federal funding to Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval of each funding request by FHWA. Any work performed outside the period of performance or scope of work approved by FHWA will be considered nonparticipating and paid for at Agency expense. 8. Agency guarantees the availability of Agency funding in an amount required to fully fund Agency's share of the Project. 9. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. 10.The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 11.The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 12.This Agreement may be terminated by mutual written consent of both Parties. 13.State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. 2 State/Agency MC&A No. 32976 c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 14.Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 15.Information required by 2 Code of Federal Regulation (CFR) 200.331(a)(1) shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by ODOT to Agency with the Notice to Proceed. 16. Indirect Cost Rate. a. As required by 2 CFR 200.331(a)(4), the indirect cost rate(s) for this Project at the time the agreement is written is 0%. This rate may change during the term of this Agreement upon notice to ODOT and ODOT's subsequent written approval. b. If the approved rate(s) change(s) during the term of this Agreement, Agency shall invoice ODOT using the current indirect cost rate(s) for the Project on file with ODOT at the time the work is performed. If Agency does not have approved indirect cost rate(s) on file with ODOT at the time the work is performed, Agency shall invoice ODOT using a zero percent (0%) rate. 17.By signing this Federal-Aid Agreement Agency agrees to comply with the provisions of the Federal Funding Accountability and Transparency Act (FFATA) and is subject to the following award terms: http://edocket.access.gpo.qov/2010/pdf/2010-22705.pdf and http://edocket.access.qpo.gov/2010/pdf/2010-22706.pdf. If, in the preceding fiscal year, Agency received more than eighty percent (80%) of its gross revenues from the federal government, those federal funds exceed $25,000,000 annually, and the public does not have access to information about the compensation of executives through reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986, Agency shall report the total compensation and names of its top five executives to State. Agency shall report said information to State within 14 calendar days of execution of this Agreement and annually thereafter, utilizing the FFATA form attached hereto as Exhibit "B". 18.Americans with Disabilities Act Compliance: a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian- activated signals or triggers an obligation to address curb ramps or pedestrian signals, the Parties shall: 3 State/Agency MC& A No. 32976 i. Utilize ODOT standards to assess and ensure Project compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008 (together, "ADA"), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; ii. Follow ODOT's processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form; iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form 734- 5020 to the address on the form as well as to State's Project Manager for each curb ramp constructed, modified, upgraded, or improved as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form and instructions are available at the following address: http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Paqes/HwyConstFormsl.as b. State shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs, comply with ODOT standards, and include accessibility features equal to or better than the features present in the existing pedestrian facility. State shall also ensure that advance notice of any temporary pedestrian route is provided in acessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction. c. Agency shall ensure that any portions of the Project under Agency's maintenance jurisdiction are maintained in compliance with the ADA throughout the useful life of the Project. This includes, but is not limited to, Agency ensuring that: i. Pedestrian access is maintained as required by the ADA, ii. Any complaints received by Agency identifying sidewalk, curb ramp, or pedestrian- activated signal safety or access issues are promptly evaluated and addressed, iii. Any repairs or removal of obstructions needed to maintain Project features in compliance with the ADA requirements that were in effect at the time of Project construction are completed by Agency or abutting property owner pursuant to applicable local code provisions, iv. Any future alteration work on Project or Project features during the useful life of the Project complies with the ADA requirements in effect at the time the future alteration work is performed, and v. Applicable permitting and regulatory actions are consistent with ADA requirements. d. Maintenance obligations in this section shall survive termination of this Agreement. 19.State shall ensure compliance with the Cargo Preference Act and implementing regulations (46 CFR Part 381) for use of United States-flag ocean vessels transporting materials or equipment acquired specifically for the Project. Strict compliance is required, including but not limited to the clauses in 46 CFR 381.7(a) and (b) which are incorporated by 4 State/Agency MC&A No. 32976 reference. State shall also include this requirement in all contracts and ensure that contractors include the requirement in their subcontracts. 20.Agency grants State the right to enter onto Agency right of way for the performance of duties as set forth in this Agreement. 21 .The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 22.State and Agency agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 23.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 24.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 25.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. In the event of conflict, the body of this Agreement and the attached exhibits will control over Project application and documents provided by Agency to State. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. Notwithstanding this provision, the Parties may enter into a Right Of Way Services Agreement in furtherance of the Project. 26.State Contact for this Agreement is Elizabeth Wakefield, Senior Project Leader, 123 NW Flanders Street, Portland, OR 97209, 503-731-3439, Elizabeth.wakefield@odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 27.Agency's Contact for this Project is Mike McCarthy, Senior Project Engineer, 13125 SW Hall Blvd, Tigard, OR 97223, 503-718-2462, mikem@tigard-or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. 5 State/Agency MC& A No. 32976 Signature Page to Follow 6 State/Agency MC& A No. 32976 THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2018-2021 Statewide Transportation Improvement Program (STIP), (Key #20439) that was adopted by the Oregon Transportation Commission on July 20, 2017 (or subsequently by amendment to the STIP). CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Title Date Date APPROVAL RECOMMENDED By By Title Region 1 Manager Date Date LEGAL REVIEW APPROVAL APPROVED AS TO LEGAL SUFFICIENCY By By Bonnie Heitsch Agency Counsel Date Date via email dated October 22, 2018 Agency Contact: Mike McCarthy 13125 SW Hall Blvd. State Contact: Tigard, OR 97223 Elizabeth Wakefield, Senior Project 503-718-2462 Leader 123 NW Flanders Street mikem@tigard-or.gov Portland, OR 97209 (503) 731-3439 elizabeth.wakefield@odot.state.or.us 7 State/Agency MC& A No. 32976 Exhibit A— Project Location and Scope of Work As part of the Project set forth in this Agreement, State will construct the following improvements at the following locations: ARTS ID # Location Improvements 22 OR 99W(Barbur Blvd) at Install illumination at 72nd Ave, Main &Johnson, McKenzie, multiple locations School, Walnut, Frewing, Garrett, Park, Royalty Parkway, and Durham Road. 8 State/Agency MC&A No. 32976 EXHIBIT B Federal Funding Accountability and Transparency Act(FFATA) Subaward Reporting (For purposes of this Exhibit,references to"your organization"shall mean"Agency"and references to"ODOT"shall mean"State.") The Oregon Department of Transportation (ODOT) is required to fulfill a federal requirement for contracting under the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS). FFATA reporting is a requirement for subawards (also known as subrecipients) of federal awards in excess of$25,000,000. Your organization will enter into an agreement with ODOT where the funding source is a federal grant with a subrecipient relationship. Your organization is required to submit the information below to the Oregon Department of Transportation within fourteen calendar days of execution of the Agreement and annually thereafter, if applicable. (See the following page for further details.) Legal entity name: Data Universal Number System (DUNS) number: Executive compensation Executive compensation information is also required to determine whether or not the following information must be reported in FSRS: a. In your organization's previous fiscal year, did your organization receive 80% or more of its annual gross revenue and $25,000,000 or more in federal procurement contracts, subcontracts, loans, grants, subgrants, cooperative agreements and federal financial assistance awards subject to the Transparency Act? (Include parent organization, all branches, and all affiliates worldwide.) ❑Yes ❑ No If"yes," proceed to b. If"no," no further action is required and submittal of this form is not required. b. Does the public have access to information about the compensation of the senior executives in your organization (including parent organization, all branches, and all affiliates worldwide)through periodic reports filed under section 13(a) or 15(d)of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If"yes," provide a link to the SEC: http://www.sec.ciov where this information is located and return form to the ODOT contact shown at the bottom of this form. Provide link here: If"no," provide compensation information below. Names and annual compensation amounts of the five most highly compensated executives: 1. $ 2. $ 3. $ 4. $ 5. $ Business entity contact information (person completing form): Type name Title Date Return completed form to: Jeff Flowers, Program and Funding Services Manager; Oregon Department of Transportation;555 13th Street NE;Salem, OR 97301;Jeffrey.A.FLOWERStaodot.state.or.us 9 State/Agency MC&A No. 32976 Background on FFATA requirements The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006. The intent is of the Act is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpendinq.qov. Definition of compensation Your organization is considered a subrecipient of federal funds. Unless your organization is exempt, FFATA requires you to report total compensation for each of your five most highly compensated executives for the preceding completed year. Total compensation means the cash and non-cash dollar value earned by the executive during the subrecipient's preceding fiscal year and includes the following: salary and bonus; awards of stock, stock options, and stock appropriation rights; earnings for services under non-equity incentive plans; change in pension value; above-market earnings on deferred compensation which is not tax-qualified; and other compensation as defined in 2 CFR Part 170, Section 170.330(b)(5)(vi). More detailed information about the FFATA can be found at: http://edocket.access.gpo.gov/2010/pdf/2010- 22705.pdf If you have any questions, contact: Jeff Flowers Program and Funding Services Manager Oregon Department of Transportation 555 13th Street NE Salem, OR 97301 Jeffrey.A.FLOWERS(c�odot.state.or.us Telephone: 503-986-4453 10 State/Agency MC&A No. 32976 ATTACHMENT NO. 1 to AGREEMENT NO. 32933 SPECIAL PROVISIONS 1. State or its consultant shall conduct all work components necessary to complete the Project, except for those responsibilities specifically assigned to Agency in this Agreement. a. State or its consultant shall conduct preliminary engineering and design work required to produce final plans, specifications, and cost estimates in accordance with current state and federal laws and regulations; obtain all required permits; acquire necessary right of way and easements; and arrange for all utility relocations and adjustments. b. State will advertise, bid, and award the construction contract. Upon State's award of the construction contract, a consultant hired and overseen by the State shall be responsible for contract administration and construction engineering & inspection, including all required materials testing and quality documentation. State shall make all contractor payments. c. State will perform project management and oversight activities throughout the duration of the Project. The cost of such activities will be billed to the Project. 2. State and Agency agree that the useful life of this Project is defined as twenty (20) years. 3. If Agency fails to meet the requirements of this Agreement or the underlying federal regulations, State may withhold the Agency's proportional share of Highway Fund distribution necessary to reimburse State for costs incurred by such Agency breach. Agency will be ineligible to receive or apply for any Title 23, United States Code funds until State receives full reimbursement of the costs incurred. 4. If the total cost of the Project exceeds the total Project cost set forth in Terms of Agreement paragraph 3, Agency and State may amend this Agreement to either (a) reduce the scope of the Project such that the available State, federal, and Agency funds are sufficient to complete the Project, or(b) apportion the excess costs between Agency and State in a manner agreeable to both Parties. If the Parties do not amend this Agreement as provided in this paragraph prior to Project completion, Agency shall be responsible for all costs in excess of the state and federal funds as provided in Federal Standard Provisions Paragraph 6. 11 State/Agency MC&A No. 32976 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. State and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. 3. State will provide or secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. A State-approved consultant may be used to perform preliminary engineering, right of way and construction engineering services. 4. Agency may perform only those elements of the Project identified in the special provisions. PROJECT FUNDING REQUEST 5. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including a) Program Development(Planning), b) Preliminary Engineering (National Environmental Policy Act- NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA's approval of each funding request will be considered nonparticipating and paid for at Agency expense. State, its consultant or Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 6. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project Agreement). Agency must obtain written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance(CFDA) number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using the criteria in 2 CFR 200.330. 12 State/Agency MC& A No. 32976 7. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties. 8. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid, must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent to State's Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. 9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 10. Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR Parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have 13 State/Agency MC&A No. 32976 a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, are exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program. 11. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 12. Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State's Liaison prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction b) last payment for right of way acquisition and c) contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five (45)days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six (6) years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (2 CFR 200.333(c)). 13. Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds 14 State/Agency MC&A No. 32976 were authorized. Agency may submit a written request to State's Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. 14. State shall, on behalf of Agency, maintain all Project documentation in keeping with State and FHWA standards and specifications.This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications. 15. State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request.When the final total cost of the Project has been computed, State shall furnish Agency with an itemized statement. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total cost of the Project. Any portion of deposits made in excess of the final total cost of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the final total cost of the Project. DESIGN STANDARDS 16. Agency and State agree that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS) and projects on the non- NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). State or its consultant shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. State or its consultant may use AASHTO for vertical clearance requirements on Agency's jurisdictional roadways or streets. 17. Agency agrees that if the Project is on the Oregon State Highway System or a State-owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide. 18. State and Agency agree that for all projects on the Oregon State Highway System or a State- owned facility, any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. State and Agency further agrees that for all projects on the NHS, regardless of funding source; any design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval. 15 State/Agency MC& A No. 32976 19. Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. State or its consultant shall, on behalf of Agency, obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430. 20. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. PRELIMINARY & CONSTRUCTION ENGINEERING 21. Preliminary engineering and construction engineering may be performed by either a) State, or b) a State-approved consultant. Engineering work will be monitored by State to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either a) State, or b) a State-approved consultant. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State shall offer Agency the opportunity to review the documents prior to advertising for bids. 22. Architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects must follow the State's processes to ensure federal reimbursement. State will award and execute the contracts. State's personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048-0220(4), OAR 137-048-0260 and State Personal Services Contracting Procedures, as applicable and as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the state approved consultant prior to receiving authorization from State to proceed. 23. The State or its consultant responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 24. State shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts. 25. Upon State's award of a construction contract, State shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State's Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 16 State/Agency MC&A No, 32976 26. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). State's liaison shall process reimbursement for federal participation costs. REQUIRED STATEMENT FOR United States Department of Transportation (USDOT) FINANCIAL ASSISTANCE AGREEMENT 27. By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State's DBE Program Plan, available at https://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe prop plan.aspx. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). Disadvantaged Business Enterprises (DBE) Obligations 28. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b))." 29. State and Agency agree to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 30. The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; , 2 CFR 1201; Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants 17 State/Agency MC& A No. 32976 Manual & Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference. RIGHT OF WAY 31. Right of Way activities shall be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations. 32. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. State or its consultant may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project in accordance with the ODOT Right of Way Manual, and with the prior approval from State's Region Right of Way office. 33. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be initiated by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State's Liaison, who will forward the request to State's Region Right of Way office on all projects. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 34. State or its consultant shall ensure that all project right of way monumentation will be conducted in conformance with ORS 209.155. 35. State and Agency grant each other authority to enter onto the other's right of way for the performance of non-construction activities such as surveying and inspection of the Project. RAILROADS 36. State shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State's Liaison, who will contact State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. 18 State/Agency MC& A No. 32976 UTILITIES 37. State, its consultant, and Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. State, the consultant or Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility & Railroad Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State. GRADE CHANGE LIABILITY 38. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 39. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 40. Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement. MAINTENANCE RESPONSIBILITIES 41. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway. CONTRIBUTION 42. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense 19 State/Agency MC&A No. 32976 and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 43. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 44. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses,judgments,fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things,the Parties'relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. ALTERNATIVE DISPUTE RESOLUTION 45. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. WORKERS' COMPENSATION COVERAGE 46. All employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. State and Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions 47. Agency certifies by signing the Project Agreement that: 20 State/Agency MC&A No. 32976 a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements)which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 21 AIS-3771 3. B. Business Meeting Meeting Date: 02/19/2019 Length (in minutes): Consent Item Agenda Title: Consider Resolution to Appoint Budget Committee Members Prepared For: Toby LaFrance, Finance and Information Services Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Shall the City Council appoint the following to the Budget Committee: Chelsea Nance, currently the alternate member, to a three-year term, ending on December 31, 2021 and Leah Voit as an alternate for a one-year term ending on December 31, 2019? STAFF RECOMMENDATION / ACTION REQUEST Approve the recommended appointments to the Budget Committee. KEY FACTS AND INFORMATION SUMMARY On December 11, 2018, Heidi Lueb was appointed through resolution to the Budget Committee for a three-year term. On January 15, 2019, Heidi Lueb was subsequently appointed to the City Council. This created a vacancy on the Budget Committee. Chelsea Nance is the current alternate member on the Budget Committee. It is recommended that she take the voting member position vacated by Heidi Lueb. Leah Voit was interviewed by the Appointments Advisory Committee (Mayor Cook and Councilor Snider) during the regular Budget Committee recruitment in November 2018 and is now being nominated as the alternate member. OTHER ALTERNATIVES Council could decide to not approve some or all of the recommendations. This would require reopening the recruitment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION APPOINTING CHELSEA NANCE TO THE BUDGET COMMI FILE AS A VOTING MEMBER AND APPOINTING LEAH VOIT AS AN ALIERNATE MEMBER. WHEREAS, a vacancy was created on the Budget Committee when Heidi Lueb was appointed as a City Councilor in January,2019 ;and WHEREAS,Chelsea Nance is the alternate member on the Budget Committee and is recommended to fill the vacancy caused by Heidi Lueb's appointment to the City Council;and WHEREAS, Leah Voit interviewed during the original recruitment process for the Budget Committee and is recommended to fill the alternate position vacancy. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that SECTION 1: Chelsea Nance is appointed to a three-year term on the City of Tigard's Budget Committee beginning February 19,2019 and ending on December 31,2021. SECTION 2 : Leah Voit is appointed to a one-year term as an alternate member on the City of Tigard's Budget Committee beginning February 19,2019 and ending on December 31,2019. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor- City of Tigard A n EST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 AIS-3772 3. C. Business Meeting Meeting Date: 02/19/2019 Length (in minutes): Consent Item Agenda Title: Consider Resolution Adopting Tigard Library Board Bylaws Prepared For: Margaret Reh, Library Submitted By: Margaret Reh, Library Item Type: Motion Requested Meeting Type: Consent Resolution Agenda Public Hearing: No Publication Date: 02/01/2019 Information ISSUE Shall the Tigard City Council adopt the Tigard Public Library Bylaws? STAFF RECOMMENDATION / ACTION REQUEST Staffs recommendation is for the City Council to formally adopt, by resolution, the Bylaws established by the Tigard Library Board on January 13, 2011 and to approve the revision to the verbiage of the meeting schedule under Section VI. Meetings. KEY FACTS AND INFORMATION SUMMARY At the August 8, 2018 Library Board meeting the Board found it necessary to change the verbiage for the meeting schedule in the Library Board Bylaws. This change was approved by the Library Board and was recommended to be forwarded to the City Council for adoption by resolution. In preparing to present this revision it was discovered that the Bylaws that had been adopted by the Tigard Library Board on January 13, 2011 were never formally presented and adopted by the Tigard City Council. A copy of these Bylaws are included in the Council packet. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The Library Board last met with City Council on April 17, 2018 for an annual meeting. City Council previously approved the appointment of new Board members and alternates for the Tigard Library Board on July 24, 2018. Attachments Resolution for Library Board Bylaws Tigard Library Board Bylaws CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION ADOPTING LIBRARY BOARD BYLAWS AND APPROVING REVISIONS TO THE TIGARD LIBRARY BOARD BYLAWS WHEREAS,the City had directed all boards and committees to adopt bylaws;and WHEREAS,a model for the format of bylaws was created by City Council in 2011 for all boards and committees to follow,and WHEREAS,the Tigard Library Board reviewed and revised their bylaws combining the model as suggested by City Council on January 13,2011;and WHEREAS,the revised Tigard Library Board bylaws are now being presented to the City Council for adoption, as they were not brought forward to the Council at that time;and WHEREAS,the Library Board has since found it necessary to change the regularly scheduled monthly meeting day;and WHEREAS,the Library Board changed the verbiage of the bylaws to generalize the regularly scheduled meeting; and WHEREAS,Section VI.Meetings Letter A,the first sentence formerly stated"the regular meeting of the Board shall be held on the second Thursday of each month at 7:00 p.m. at the Tigard Public Library,unless otherwise determined by the Board.";and WHEREAS,the verbiage in Section VI Meetings Letter A: the first sentence now reads"The regular meeting of the Board shall be held monthly at the Tigard Public Library,unless otherwise determined by the Board." NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard Library Board Bylaws shall be adopted and amended to read as stated above. SECTION 2: The Tigard Library Board Bylaws are shown in Exhibit A. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard A 1 1'EST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 CITY OF TIGARD • TIGARD LIBRARY BOARD TIGARD BY-LAWS SECTION I.CHARGE AND DUTIES A. The Tigard Public Library Board hereafter referred to as the "Board" shall have no powers except as conferred by resolution,City Charter,Tigard Municipal Code,or the Oregon Revised Statutes. As stated in the Tigard Municipal Code,the Library Board for the City of Tigard is established and shall assume and perform the functions delegated to it (2.36.020). B. It shall be the function of the Tigard Public Library Board to act as an advisory body to the City Council. C. The Board and its members shall conduct itself in a manner that is in keeping with applicable federal, state,and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct. Any violation of the provisions of such laws shall be grounds for removal from office. D. The Tigard Public Library Board shall have the following responsibilities: • To advise the City Manager and City Council of findings and concerns relating to the management,control and operation of City Library facilities; • To formulate for recommendation to the City Council, rules, regulations and policies as deemed desirable for the governance, maintenance of order, safety, operation and utilization of library facilities and to monitor the application of all adopted rules, regulations and policies; • To monitor the operation of the Library for the purpose of identifying any deficiencies in the level of service being provided to the public and to recommend to the City Manager and City Council appropriate remedial actions where deficiencies are found to exist; • To encourage and support active volunteerism in support of the use and improvement of the Library facilities; • To ascertain the Library needs of the community and to present to the City Council evaluations and recommendations regarding needs and desires as expressed by library patrons; • To perform such other duties and to provide such other advice as the City Council may request from time to time in furtherance of the goal of providing the best Library service to the public as is possible under the constraints of available revenue, space, manpower and other public resources. E. The Board may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. 11111 I 41 CITY OF TIGARD TIGARD LIBRARY BOARD TIGARD BY-LAWS • The Chair shall appoint special committees of one or more members for such specific purposes as the functions of the Board may require from time to time. The committee shall be discharged upon completion of the purpose for which it was appointed and after the final report is made to the Board. • All committees shall make a progress report at Board meetings as needed,or as requested by Chair. • No committee shall have other than advisory powers, unless by suitable action of the Board,it is granted specific power to act. SECTION II.COMPOSITION A. The Board shall consist of seven members,six of whom shall be residents of the City and one of whom may reside within or outside the Tigard incorporated limits (TMC 2.36.030 A). The Mayor,subject to confirmation by the City Council,shall appoint a person to a four-year term. (TMC 2.36.030.B.2) B. Should a vacancy occur for any reason other than expiration of a term, the Mayor, subject to City Council confirmation, shall appoint a new member for the duration of the unexpired term. (TMC 2.36.030.B.2) C. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applications. D. The Library Director, or his/her authorized designee, shall serve as secretary to the library Board and shall keep accurate records that will be made available to the City Manager, City Council and interested public. Upon request, the secretary shall issue notices of regular and special meetings,shall have custody of the minutes and other records of the Board,shall notify the appointing body of any vacancies on the Board and shall generally perform such duties associated with that position. SECTION III.APPOINTMENTS A. The Mayor, subject to City Council, shall fill vacancies with individuals who meet the stated requirements listed in Section II. SECTION IV.TERM OF OFFICE A. Board members serve for a term of four years. Terms commence on July 1 and end on June 30, four years after commencement (TMC 2.36.030.B.1). 1phi CITY OF TIGARD TIGARD LIBRARY BOARD TIGARD BY-LAWS B. Any vacancy in the Board shall be filled by appointment by the Council and Mayor for the unexpired portion of the term. The unexpired portion of a term does not count towards the fulfillment of the maximum number of allowed terms. C. Members may be reappointed for up to two (2) consecutive terms, not withstanding prior appointment to an unexpired term. After a one-year interval, a former member who had served two terms may be reappointed. (TMC 2.36.030.B.3) D. Library Board members shall receive no compensation for their services. (TMC 2.36.030.B.4) E. An individual board member may not act in an official capacity except through the action of the Board. F. A member who seeks to resign from the Board shall submit a written resignation to the chair of the Board, the staff liaison, or the city recorder's office. If possible, the resignation should allow for a thirty (30) day notice so the City Council can appoint a replacement. SECTION V.ORGANIZATION OF THE BOARD A. The officers shall be a Chair and a Chair Pro Tem. At its September meeting,and thereafter annually, the Board shall elect the Chair and the Chair Pro Tem from its members who shall hold office at the pleasure of the Board. These officers shall serve a term of one (1) year commencing at the annual meeting at which they are elected and ending upon election of their successors. • Chair. The chair shall have general directional powers over the Board. The Chair shall preside at all Board meetings, appoint all committees, and generally perform all duties associated with that office. In consultation with support staff, the Chair shall set the agendas. The chair shall also be an ex-officio member of all subcommittees and shall be the sole spokesperson for the Board unless this responsibility is delegated to support staff. • Chair Pro Tem: In event of the absence or disability of the Chair, or a vacancy in that office,the Chair Pro Tem shall assume and perform the duties and functions of the Chair. o In the absence of the Chair and Chair Pro Tem from a Board meeting, the members shall select a temporary chair for the meeting. B. If the Chair should resign,the Board shall,at its next meeting,conduct an election and provide a replacement to fill the unexpired term. C. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council, City Manager, and departments. Besides serving as a technical resource,staff liaisons are responsible for meeting logistics,member recruitment and recognition,recordkeeping,and monitoring board effectiveness. II ■ TY OF TIGAR) TIGARCILLIBRARY BOARD T I G A R D BY-LAWS SECTION VI.MEETINGS A. The regular meeting of the Board shall be held monthly at the Tigard Public Library, unless otherwise determined by the Board.If the regular meeting day is a holiday,the meeting will be held on an alternative date of the Board's choice. B. The Board shall meet at least six times a year at a time and place that is specified at least five (5) days in advance,and shall be open to the public (TMC 2.36.030.C). C. The parliamentary authority for the Board is Robert's Rules of Order Revised, except where superseded by these bylaws or local, state,or federal law. D. Agendas shall be posted for public notice on the City of Tigard web page,in the lobby of City Hall and in the Tigard Public Library in compliance with Oregon Public Meetings Law. All meetings shall be open to the public. E. A majority of votes of Board members present shall determine the official position of the Board on a given issue. Alternates are not allowed to vote under any circumstances. F. Board member shall not send or receive electronic communications concerning any matter pending before the Board during a Board meeting. • Electronic Communications means e-mail, text messages, or other forms of communication transmitted or received by technological means. • Electronic Communications Devices means laptop computers, Blackberries, cell phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. G. Board members shall not use electronic communication devices to review or access information regarding matters not in consideration before the Board during a Board meeting. H. Special meetings may be called by the Chair,or secretary to the Board,or at the request of two members, provided that notice be given to all members and the public at least twenty-four (24) hours in advance of the special meeting. I. The annual meeting,which shall be for the purpose of the elections of officers, shall be held in conjunction with the regular September meeting(TMC 2.36.030.D). 1li TtGAR.D CITY OF TIGARD ■ TIGARD LIBRARY BOARD BY-LAWS SECTION VII.BOARD MEMBER RESPONSIBILITIES Members of the Board shall: • Regularly attend meetings and contribute constructively to discussions, • Consider and discuss issues from a Citywide perspective,as well as that of particular stakeholder or interests, • Strive to reach consensus on matters under consideration, • Act with respect and consideration for the viewpoint of others. • Members shall not make representations on behalf of the City of Tigard or Board whether intentional or not,without authorization. SECTION VIII.ATTENDANCE If a member is unable to attend a meeting,he or she is expected to notify the Chair. If a member has missed more than three (3) unexcused scheduled meetings within one year the issue shall be placed on the upcoming agenda, and upon majority vote of the Board members present that position shall be declared vacant. The Board shall forward its action to the Mayor and Council,who shall fill the vacant position. SECTION IX.QUORUM A. At any meeting of the Board,a quorum shall be a majority of the current members (excludes alternates) of the Board. No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. B. In the event a quorum will not be present at any meeting, the Chair or Chair Pro Tem shall notify the Board members in advance so that a decision may be made whether to meet and take no action on agenda items or to reschedule to a different time. SECTION X.REMOVAL OF MEMBERS A. The City Council may remove members of the Board in accordance with Section VIII: Attendance. B. The Council may also remove members when,in its judgment,the conduct of a member does not conform to the City of Tigard Code of Conduct for Boards, Commissions and Committees or based on other conduct unbecoming a representative of the City. C. The Board may make a recommendation to Council for the removal of a member in accordance with Section VII: Member Responsibilities. ■ CITY OF TIGARD TIGAR LIBRARY BOARD T I G A R D BY-LAWS SECTION XI.ANNUAL REPORT OF THE BOARD A. The Tigard Public Library's Annual Report is considered to be the joint meeting, generally held in May,with Board members and Tigard City Council. B. The Annual Report shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Board believes would be noteworthy to the Council. C. The Annual Report shall not be submitted unless approved by the Board. SECTION XII.AMENDMENTS These Bylaws are adopted by resolution of the Tigard City Council, are binding on the Board, and may be amended by the City Council. The Bylaws may also be amended at any meeting of the Board with a quorum present, by unanimous vote of the members present, provided the amendment was stated in the call for a meeting. Such actions of the Board shall be forwarded to the City Council for final adoption. AIS-3710 4. Business Meeting Meeting Date: 02/19/2019 Length (in minutes): 15 Minutes Agenda Title: Consider Approval of an Intergovernmental Agreement with ODOT to Partially Fund the North Dakota Street Bridge Design and Replacement Prepared For: Brian Rager Submitted By: Tegan Enloe, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the city council approve an intergovernmental agreement that would accept funds from ODOT and authorize them to complete the North Dakota Bridge Replacement project on the City's behalf? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council approve and direct the City Manager sign the IGA, which will authorize use of the funds by ODOT, and will authorize ODOT to complete the project. KEY FACTS AND INFORMATION SUMMARY The existing bridge structure is currently deficient. It has an interim repair that will become obsolete in 2020. Without replacement, the bridge will need to be closed. The substantial funds from ODOT are critical in order to see this important bridge replaced. Staff is in full support of the proposed IGA. OTHER ALTERNATIVES The council could choose not to commit the IGA and refuse the funds from ODOT. This would require the City to find the additional $3,514,679.24 needed to complete the project. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS This project supports the city's strategic vision by adding sidewalks and bike lanes. DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $5,493,180 Budgeted (yes or no): Yes Where budgeted?: CIP Additional Fiscal Notes: The total project cost is $5,493,180 State Contribution: $3,514,679.24 City Contribution: $1,978,500 in project costs (external expenses, staff time and contingency) Funds are included in the City's current CIP and will be updated to reflect this IGA during the FY20 budget process. Attachments ODOT IGA-North Dakota Bridge Replacement Misc. Contracts and Agreements No. 33055 LOCAL AGENCY AGREEMENT Local Bridge Program State Delivered Federal Project North Dakota Street: Fanno Creek Bridge THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State" or "ODOT," and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually as a "Party" and collectively as the `Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. SW North Dakota Street is a part of the city street system under the jurisdiction and control of Agency. 3. Agency has agreed that State will deliver this project on behalf of the Agency. 4. The Stewardship and Oversight Agreement On Project Assumption and Program Oversight By and Between Federal Highway Administration, Oregon Division and the State of Oregon Department of Transportation ("Stewardship Agreement") documents the roles and responsibilities of the State with respect to project approvals and responsibilities regarding delivery of the Federal Aid Highway Program. This includes the State's oversight and reporting requirements related to locally administered projects. The provisions of that agreement are hereby incorporated and included by reference. 5. The Project was selected as a part of the Local Bridge Program and may include a combination of federal and state funds. NOW, THEREFORE the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, Agency and State agree to State delivering on behalf of Agency the North Dakota Street: Fanno Creek Bridge Project, hereinafter referred to as the"Project."The Project includes replacing the bridge structure (Bridge 67T006) on SW North Dakota Street over Fanno Creek. The location of the Project is approximately as set on the map marked "Exhibit A," attached hereto and by this reference made a part hereof. 2. State and Agency agree that State will serve as the lead contracting agency and contract administrator for the consultant contract related to the work under this Agreement. 3. The total Project cost is estimated at$4,824,890, which is subject to change. Federal funds for this Project shall be limited to $3,514,679.24. Agency shall be responsible for all Key No. 20488 State/Agency Agreement No. 33055 remaining costs, including the 10.27 percent match for all eligible costs, any non- participating costs, and all costs in excess of the federal or state funds. Any unused federal or state funds will be retained by State, and will not be available for use by Agency for this Agreement or any other projects. "Total Project Cost" means the estimated cost to complete the entire Project, and includes any federal funds, state funds, local matching funds, and any other funds. 4. Federal funds under this Agreement are provided under Title 23, United States Code. 5. With the exception of Americans with Disabilities Act of 1990 (ADA) related design standards and exceptions, State shall consult with Agency on Project decisions that impact Total Project Cost involving the application of design standards, design exceptions, risks, schedule, and preliminary engineering charges, for work performed on roadways under local jurisdiction. State will allow Agency to participate in regular meetings and will use all reasonable efforts to obtain Agency's concurrence on plans. State shall consult with Agency prior to making changes to Project scope, schedule, or budget. However, State may award a construction contract at ten percent(10%) over engineer's estimate without prior approval of Agency. 6. Agency may satisfy the matching funds requirement through a contribution of materials and services for the Project. Credit for this contribution will only be allowed upon prior approval by State's Active Transportation Section, Program and Funding Services Manager prior to the start of the Project and after review for compliance with State's procedures for donations and contributions. 7. State will submit the requests for federal funding to Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval of each funding request by FHWA. Any work performed outside the period of performance or scope of work approved by FHWA will be considered nonparticipating and paid for at Agency expense. 8. Agency guarantees the availability of Agency funding in an amount required to fully fund Agency's share of the Project. 9. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. 10.The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 11.The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 12.This Agreement may be terminated by mutual written consent of both Parties. 13.State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: 2 State/Agency Agreement No. 33055 a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 14.Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 15.Information required by 2 Code of Federal Regulation (CFR)200.331(a)(1) shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by ODOT to Agency with the Notice to Proceed. 16.Indirect Cost Rate. a. As required by 2 CFR 200.331(a)(4), the indirect cost rate(s) for this project at the time the agreement is written is zero percent (0%). This rate may change during the term of this Agreement upon notice to ODOT and ODOT's subsequent written approval. b. If the approved rate changes during the term of this Agreement, Agency shall invoice ODOT using the current indirect cost rates for the project on file with ODOT at the time the work is performed. If Agency does not have approved indirect cost rates on file with ODOT at the time the work is performed, Agency shall invoice ODOT using a zero percent (0%) rate. 17.By signing this Federal-Aid Agreement Agency agrees to comply with the provisions of the Federal Funding Accountability and Transparency Act (FFATA) and is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.qpo.qov/2010/pdf/2010-22706.pdf. If, in the preceding fiscal year, Agency received more than eighty percent (80%) of its gross revenues from the federal government, those federal funds exceed $25,000,000 annually, and the public does not have access to information about the compensation of executives through reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986, Agency shall report the total compensation and names of its top five executives to State. Agency shall report said information to State within 14 3 State/Agency Agreement No. 33055 calendar days of execution of this Agreement and annually thereafter, utilizing the FFATA form attached hereto as Exhibit "C". 18.Americans with Disabilities Act Compliance: a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian- activated signals or triggers an obligation to address curb ramps or pedestrian signals, the Parties shall: i. Utilize ODOT standards to assess and ensure Project compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended (together, "ADA"), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; ii. Follow ODOT's processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form; iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form 734- 5020 to the address on the form as well as to State's Project Manager for each curb ramp constructed, modified, upgraded, or improved as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form and instructions are available at the following address: http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Paqes/HwyConstFormsl.as b. State shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs, comply with ODOT standards, and include accessibility features equal to or better than the features present in the existing pedestrian facility. State shall also ensure that advance notice of any temporary pedestrian route is provided in acessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction. c. Agency shall ensure that any portions of the Project under Agency's maintenance jurisdiction are maintained in compliance with the ADA throughout the useful life of the Project. This includes, but is not limited to, Agency ensuring that: i. Pedestrian access is maintained as required by the ADA, ii. Any complaints received by Agency identifying sidewalk, curb ramp, or pedestrian- activated signal safety or access issues are promptly evaluated and addressed, 4 State/Agency Agreement No. 33055 iii. Any repairs or removal of obstructions needed to maintain Project features in compliance with the ADA requirements that were in effect at the time of Project construction are completed by Agency or abutting property owner pursuant to applicable local code provisions, iv. Any future alteration work on Project or Project features during the useful life of the Project complies with the ADA requirements in effect at the time the future alteration work is performed, and v. Applicable permitting and regulatory actions are consistent with ADA requirements. d. Maintenance obligations in this section shall survive termination of this Agreement. 19.Agency shall, at its own expense, maintain and periodically inspect any sidewalks, curb ramps, and pedestrian-activated signals on portions of the Project under Agency's maintenance jurisdiction upon Project completion and throughout the useful life of the Project to ensure continuing compliance with the ADA. This provision shall survive termination of this Agreement. 20.State shall ensure compliance with the Cargo Preference Act and implementing regulations (46 CFR Part 381) for use of United States-flag ocean vessels transporting materials or equipment acquired specifically for the Project. Strict compliance is required, including but not limited to the clauses in 46 CFR 381.7(a) and (b) which are incorporated by reference. State shall also include this requirement in all contracts and ensure that contractors include the requirement in their subcontracts. 21.Agency grants State the right to enter onto Agency right of way for the performance of duties as set forth in this Agreement. 22.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 23.Agency shall, upon completion of the Project and as a condition to this Agreement, complete and file with the appropriate County Clerk, "Memorandum of Agreement and Acknowledgment of Federal and State Assistance, substantially in the form of Exhibit B attached hereto and by this reference made a part hereof. Agency shall provide confirmation of this filing by forwarding to State's Contact a notarized copy of the recorded Memorandum of Agreement and Acknowledgment of Federal and State Assistance. By means of said acknowledgment of Agency's financial obligations, the continued use of said property for public purposes, and the maintenance of the facility or service at a level consistent with normal depreciation or demand or both is recognized and attached to the property as conditions. Any interest in said property by State is proportional to the federal and state funding participation in Project. While in default of conditions of this Agreement, Agency may be ineligible to receive federal or state funds from any State-administered program for any project on a street, road or property. The Memorandum of Agreement and 5 State/Agency Agreement No. 33055 Acknowledgment of Federal and State Assistance shall remain in place for the useful life of Project identified in the Special Provisions. State acknowledges that such interest shall not be deemed a lien, mortgage, deed of trust or other security instrument or interest granted by Agency for security purposes. 24.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to FHWA, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 25.State and Agency agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 26.Agency certifies and represents that the individual signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 27.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 28.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. In the event of conflict, the body of this Agreement and the attached exhibits will control over Project application and documents provided by Agency to State. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. Notwithstanding this provision, the Parties may enter into a Right Of Way Services Agreement in furtherance of the Project. 29.State's Contact for this Agreement is Justin Shoemaker, Local Agency Liaison, Region 1 Project Services, 123 NW Flanders Street, Portland, OR 97209, 503.731.8486, justin.d.shoemaker@odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 6 State/Agency Agreement No. 33055 30.Agency's Contact for this Project is Lori Faha, City Engineer, 13125 SW Hall Blvd, Tigard, OR, 97223, 503.718.2759, lorif@tigard-or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. Signature Page to Follow 7 State/Agency Agreement No. 33055 THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2018-2021 Statewide Transportation Improvement Program (STIP), (Key #20488) that was adopted by the Oregon Transportation Commission on July 20, 2017 (or subsequently by amendment to the STIP). CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Title Date Date APPROVAL RECOMMENDED By By Title Region 1 Manager Date Date LEGAL REVIEW APPROVAL APPROVED AS TO LEGAL SUFFICIENCY By By Rachel Bertoni via email dated 12-12-2018 Agency Counsel Assistant Attorney General Date Agency Contact: Lori Faha, City Engineer State Contact: 13125 SW Hall Blvd Justin Shoemaker, Local Agency Liaison Tigard, OR 97223 123 NW Flanders Street 503.718.2759 Portland, OR 97209 lorif@tigard-or.gov 503.731.8486 justin.d.shoemaker@odot.state.or.us 8 Exhibit A Project Location Map Bagan City of Tigard, Oregon 4'��lt r,-.t-.., Park North Dakota Bridge Project U./ s +.o Tigard t .. reton t4 Deis a der ed from multiple *.The City o!Tigard meXe•n nty. apra entet ion,or guarantee as to theesy,timelines*n mpielenese of any ofe the date provided herein,The City of Tigard*hell o Ile bility for errors.omissions. 11110.1111 ,10*in the Information prvvided regardless of how caused. Scale. 0.07 Miles in,, Cityt Blvd 13125 SWW Hoall Blvd ^f tl ,, Tigard. OR 97223 Map Created: (503) 639-4171 TIGARD 12/03/2018 www.tigard-or.gov State/Agency Agreement No. 33055 After recording, return to: EXHIBIT B MEMORANDUM OF AGREEMENT AND ACKNOWLEDGEMENT OF FEDERAL AND STATE ASSISTANCE [State Recording Authority: ORS 93.710 and ORS 205.130(2)] Agreement Number: 33055 Project Name: North Dakota Street: Fanno Creek Bridge Key Number: 20488 Local Agency Agreement No. 33055 between the City of Tigard and the State of Oregon, Department of Transportation was executed on . Pursuant to paragraph , Terms of Agreement, page of the Local Agency Agreement, upon the recording of this document, the (Insert Agency Name) received federal and state funds for the Project described in the Local Agency Agreement. The property and assets under the jurisdiction of the (Insert Agency Name) were improved with the assistance from the United States Government and the State of Oregon. Such assistance was provided to (Insert Agency Name), in reimbursement of costs associated with the (Insert Project Name). The use and disposition of said property is subject to the terms of the above noted Local Agency Agreement, copies of which may be obtained from the Director of ODOT and is also subject to 2 CFR 1201. A description of the improved property is attached. (Insert Agency Name) By: (Notary Stamp) (Name of person) Title: State of Oregon: County of Signed or attested before me on by (Date) (name(s) of person(s) My commission expires on STATE OF OREGON, DEPARTMENT OF TRANSPORTATION By: (Notary Stamp) Title: Active Transportation Section Manager State of Oregon: County of Marion Signed or attested before me on by (Date) (name(s) of person(s) My commission expires on Oregon Department of Transportation; 555 13th Street NE; Salem, OR 97301-4178 10 State/Agency Agreement No. 33055 EXHIBIT C Federal Funding Accountability and Transparency Act(FFATA) Subaward Reporting (For purposes of this Exhibit, references to"your organization"shall mean"Agency"and references to"ODOT"shall mean"State.") The Oregon Department of Transportation (ODOT) is required to fulfill a federal requirement for contracting under the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS). FFATA reporting is a requirement for subawards(also known as subrecipients)of federal awards in excess of$25,000,000. Your organization will enter into an agreement with ODOT where the funding source is a federal grant with a subrecipient relationship. Your organization is required to submit the information below to the Oregon Department of Transportation within fourteen calendar days of execution of the Agreement and annually thereafter, if applicable. (See the following page for further details.) Legal entity name: Data Universal Number System (DUNS) number: Executive compensation Executive compensation information is also required to determine whether or not the following information must be reported in FSRS: a. In your organization's previous fiscal year, did your organization receive 80% or more of its annual gross revenue and $25,000,000 or more in federal procurement contracts, subcontracts, loans, grants, subgrants, cooperative agreements and federal financial assistance awards subject to the Transparency Act? (Include parent organization, all branches, and all affiliates worldwide.) ❑ Yes ❑ No If"yes," proceed to b. If"no," no further action is required and submittal of this form is not required. b. Does the public have access to information about the compensation of the senior executives in your organization (including parent organization, all branches, and all affiliates worldwide)through periodic reports filed under section 13(a)or 15(d)of the Securities and Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If"yes," provide a link to the SEC: http://www.sec.gov where this information is located and return form to the ODOT contact shown at the bottom of this form. Provide link here: If"no," provide compensation information below. Names and annual compensation amounts of the five most highly compensated executives: 1. $ 2. $ 3. $ 4. $ 5. $ Business entity contact information (person completing form): Type name Title Date Return completed form to: Jeff Flowers, Program and Funding Services Manager;Oregon Department of Transportation;555 13th Street NE; Salem,OR 97301;Jeffrev.A.FLOWERSna.odot.state.or.us 734-5075(10-28-2016) 11 State/Agency Agreement No. 33055 Background on FFATA requirements The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006. The intent is of the Act is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Definition of compensation Your organization is considered a subrecipient of federal funds. Unless your organization is exempt, FFATA requires you to report total compensation for each of your five most highly compensated executives for the preceding completed year. Total compensation means the cash and non-cash dollar value earned by the executive during the subrecipient's preceding fiscal year and includes the following: salary and bonus; awards of stock, stock options, and stock appropriation rights; earnings for services under non-equity incentive plans; change in pension value; above-market earnings on deferred compensation which is not tax-qualified; and other compensation as defined in 2 CFR Part 170, Section 170.330(b)(5)(vi). More detailed information about the FFATA can be found at: http://edocket.access.gpo.gov/2010/pdf/2010- 22705.pdf If you have any questions, contact: Jeff Flowers Program and Funding Services Manager Oregon Department of Transportation 555 13th Street NE Salem, OR 97301 Jeffrey.A.FLOWERS@odot.state.or.us Telephone: 503-986-4453 34-5075(10-28-2016) 12 Agency/State Agreement No. 33055 ATTACHMENT NO. 1 to AGREEMENT NO. 33055 SPECIAL PROVISIONS 1. State or its consultant shall conduct all work components necessary to complete the Project, except for those responsibilities specifically assigned to Agency in this Agreement. a. State or its consultant shall conduct preliminary engineering and design work required to produce final plans, specifications, and cost estimates in accordance with current state and federal laws and regulations; obtain all required permits; acquire necessary right of way and easements; and arrange for all utility relocations and adjustments. b. State will advertise, bid, and award the construction contract. Upon State's award of the construction contract, a consultant hired and overseen by the State shall be responsible for contract administration and construction engineering & inspection, including all required materials testing and quality documentation. State shall make all contractor payments. c. State will perform project management and oversight activities throughout the duration of the Project. The cost of such activities will be billed to the Project. 2. State and Agency agree that the useful life of this Project is defined as twenty years. 3. If Agency fails to meet the requirements of this Agreement or the underlying federal regulations, State may withhold the Agency's proportional share of Highway Fund distribution necessary to reimburse State for costs incurred by such Agency breach. Agency will be ineligible to receive or apply for any Title 23, United States Code funds until State receives full reimbursement of the costs incurred. 13 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. State and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. 3. State will provide or secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. A State-approved consultant may be used to perform preliminary engineering, right of way and construction engineering services. 4. Agency may perform only those elements of the Project identified in the special provisions. PROJECT FUNDING REQUEST 5. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including a) Program Development (Planning), b) Preliminary Engineering(National Environmental Policy Act-NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA's approval of each funding request will be considered nonparticipating and paid for at Agency expense. State, its consultant or Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 6. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement(Project Agreement).Agency must obtain written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using the criteria in 2 CFR 200.330. 14 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 7. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties. 8. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid, must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent to State's Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. 9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 10.Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR Parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, are exempt from Federal audit requirements 15 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program. 11. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 12. Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State's Liaison prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction b) last payment for right of way acquisition and c)contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five (45) days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six(6)years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (2 CFR 200.333(c)). 13. Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized. Agency may submit a written request to State's Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. 14. State shall, on behalf of Agency, maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, 16 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications. 15. State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request. When the final total cost of the Project has been computed, State shall furnish Agency with an itemized statement.. Agency shall pay an amount which,when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total cost of the Project. Any portion of deposits made in excess of the final total cost of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the final total cost of the Project. DESIGN STANDARDS 16. Agency and State agree that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS)and projects on the non-NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). State or its consultant shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. State or its consultant may use AASHTO for vertical clearance requirements on Agency's jurisdictional roadways or streets. 17. Agency agrees that if the Project is on the Oregon State Highway System or a State-owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide. 18. State and Agency agree that for all projects on the Oregon State Highway System or a State-owned facility, any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. State and Agency further agrees that for all projects on the NHS, regardless of funding source; any design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval. 19. Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR)734-020-0005. State or its consultant shall, on behalf of Agency, obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430. 20. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. 17 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 PRELIMINARY & CONSTRUCTION ENGINEERING 21. Preliminary engineering and construction engineering may be performed by either a) State, or b) a State-approved consultant. Engineering work will be monitored by State to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either a) State, or b) a State-approved consultant. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State shall offer Agency the opportunity to review the documents prior to advertising for bids. 22. Architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects must follow the State's processes to ensure federal reimbursement. State will award and execute the contracts. State's personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048- 0220(4), OAR 137-048-0260 and State Personal Services Contracting Procedures, as applicable and as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the state approved consultant prior to receiving authorization from State to proceed. 23. The State or its consultant responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 24. State shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts. 25. Upon State's award of a construction contract, State shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State's Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 26. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). State's liaison shall process reimbursement for federal participation costs. REQUIRED STATEMENT FOR United States Department of Transportation (USDOT) FINANCIAL ASSISTANCE AGREEMENT 27. By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State's DBE Program Plan, available at https://www.oreqon.qov/ODOT/CS/CIVILRIGHTS/Paqes/dbe grog plan.aspx. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference 18 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 USC 3801 et seq.). Disadvantaged Business Enterprises (DBE) Obligations 28. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b))." 29. State and Agency agree to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 30. The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 2796.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; , 2 CFR 1201; Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants Manual & Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference. RIGHT OF WAY 31. Right of Way activities shall be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations. 32. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. State or its consultant may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project in accordance with the ODOT Right of Way Manual, and with the prior approval from State's Region Right of Way office. 19 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 33. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be initiated by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State's Liaison, who will forward the request to State's Region Right of Way office on all projects. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 34. State or its consultant shall ensure that all project right of way monumentation will be conducted in conformance with ORS 209.155. 35. State and Agency grant each other authority to enter onto the other's right of way for the performance of non-construction activities such as surveying and inspection of the Project. RAILROADS 36. State shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State's Liaison, who will contact State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. UTILITIES 37. State, its consultant, and Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. State, the consultant or Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility & Railroad Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State. GRADE CHANGE LIABILITY 38.Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 20 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 39. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 40. Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement. MAINTENANCE RESPONSIBILITIES 41. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway. CONTRIBUTION 42. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260("Third Party Claim")against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 43. With respect to a Third Party Claim for which State is jointly liable with Agency(or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 44. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable 21 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. ALTERNATIVE DISPUTE RESOLUTION 45. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator(for non-binding arbitration) to resolve the dispute short of litigation. WORKERS' COMPENSATION COVERAGE 46. All employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. State and Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions 47. Agency certifies by signing the Project Agreement that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a 22 STDPRO-2017 Rev. 01-20-2017 Agency/State Agreement No. 33055 prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000)for each such failure. 23 STD P RO-2017 Rev. 01-20-2017 AIS-3752 5. Business Meeting Meeting Date: 02/19/2019 Length (in minutes): 45 Minutes Agenda Title: JOINT MEETING WITH BUDGET COMMITTEE Prepared For: Toby LaFrance, Finance and Information Services Submitted By: Carol Krager, Central Services Item Type: Joint Meeting-Board or Other Juris. Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Follow up with Budget Committee on FY 2019-20 budget process. STAFF RECOMMENDATION / ACTION REQUEST Staff will be updating the Budget Committee on the FY 2019-20 budget process and seeking feedback on budget direction. KEY FACTS AND INFORMATION SUMMARY At the December 18, 2018 Budget Committee meeting, the committee provided staff with direction on the upcoming budget process. Since that meeting, departmental staff have completed their budget entry, budget staff have modified the proposed process, Council met to set goals for the next two years, and Council provided direction to staff on funding recreation. The agenda for the joint Budget Committee meeting is as follows: 1) Review of Tigard's 2-year budget plan and specifically clarify why the budget changes in year two are not just service reductions. 2) Update on Council direction on funding recreation and a preview of potential themes from departmental budget requests. 3) Review of budget calendar for the Budget Committee. 4) Sharing of Council goals. The primary direction needed in the meeting is verification that staff has incorporated changes requested by the committee to provide a successful budget process. OTHER ALTERNATIVES Budget Committee may choose to change direction on the city's budget plan and request that staff prepare a different budget than currently envisioned. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The Tigard City Council last met with the Budget Committee on December 18, 2018. Attachments PowerPoint CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done _ ' TIGARD FY 2019-2020 Budget Process Budget Committee I February 19, 2019 I T 1 c i I TIG ,\ R I7 Budget Themes Tigard is: Financially Stable Resource Constrained ► Service Level Challenged ( I 11 ( ) ( I I c , \ R D Current FY 2018-2019 Budget ► Approved after defeat of Local Option Levy ► Implements 1st Year of 2-Year Service Cuts Created Service Level Reserve C ITY 01 T I G \ RI_) Looking Ahead to FY 2019-20 Budget 2nd year of cuts are less due to actions of staff, Budget Committee, and Council Budget pivots to remaining services, CIP, performance audits Work towards a more focused Local Option Levy and new Council Goals ( I -1 ' 1 O 1, TIG ARD Why Has 1igar7s FY 2020 Budget Outlook Improved? Increases in Revenue $1.5 MIL Budget Reductions Land Use $170,000 Marijuana � � 5---1 1 $285 000 Savings from FY 2018 (mostly holding positions vacant) Interest Income Liquor $650 000 2020 CutsS 400K $20,000 ' �. N , . El ,� Elimination Hotel • Motel m �"' �a''�7 �� "�"� ' of Peer Court $35,000 -AND- i Interest rates exceeded 0 . N ,,Forecasting Revisions $340,000 the projected one percent. Changes to u allocation of 0 Combined with FY19 reductions, current services are sustainable. This does not address adequacy of service level. utility billing 1 ( I I 1 OF TIGARD Budget Preview Implements Year 2 Budget Changes/Cuts Recreation funded at pre-cut service level through Parks and Recreation Fee increase. Early themes from departments : Updating enterprise/software systems Data and business process analysis Community Engagement Asset Maintenance CITY TIG ARD �Y�• Nt' xt,.W,Yaw".,n � .m'll4t.K.i =w«W..race .„ .,�;'„ ,»a �u;„� .� a.iu:IrAe � t�J=� u . ��qW !.G a M.o;4o•,wo p.k`a..iq rmi..e lee.i'r.. .., .0 ..., a . .I .. ap � ...+,i A,+.w 3^kwu ae rc. AkF�.nl ..nSa,"�... I���,t o .. v � ..�. W „�ra.,ry�R ,.. �, Budget Calendar Proposed Budget Distributed and Budget Committee Training on April 25 5 :00 — 8:00 ► Q&A Walk-ins with Budget staff: April 30, May, 1, 7, & 8 (Alternate times available) Requests for White Papers due by May 9th Budget Committee Meetings in Town Hall : Saturday May 18 8:30 am — 5 :00 pm Thursday May 23 6: 30 pm — 9 :00 pm Budget Hearing on June 11th. CITY OF TIGARD Budget Committee Discussion Sharing of Council Goal Setting Agreement that appropriate steps have been added to the process to make the budget committee meetings successful . Other? AIS-3768 6. Business Meeting Meeting Date: 02/19/2019 Length (in minutes): 10 Minutes Agenda Title: Legislative Public Hearing: Consider an Ordinance Amending Tigard Municipal Code (TMC) 7.74 Emergency Operations Prepared For: Brian Rager, Public Works Submitted By: Mike Lueck, Public Works Item Type: Ordinance Meeting Type: Council Public Hearing - Legislative Business Meeting - Main Public Hearing: Yes Publication Date: 12/31/2018 Information ISSUE Shall Council adopt an ordinance amending TMC 7.74, Emergency Operations, to update and clarify the code? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the ordinance. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code 7.74 governs the City's emergency operations, including declaration of an emergency. After applying the code in an emergency preparedness exercise and comparing the existing code to state statute, staff identified areas where clarification is necessary. The proposed code amendment includes general housekeeping changes as well as reconciles the process for a declaration of emergency with state law. OTHER ALTERNATIVES Council could choose not to adopt the ordinance to amend TMC 7.74 Emergency Operations and inform staff on how to proceed during an emergency. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION January 26, 2010 Attachments Ordinance Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE AMENDING CHAPTER 7.74 OF THE TIGARD MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY OPERATIONS PROCEDURES WHEREAS, Chapter 7.74 of the Tigard Municipal Code establishes the City's emergency operations procedures;and WHEREAS,the existing Code is in need of updates for clarification and conformance with state statutes. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 7.74 of the Tigard Municipal Code as shown in the attached Exhibit "A" (additional language is shown in underline and deleted text is shown in,trikcthrough). SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2019. Carol Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B. Snider,Mayor Approved as to form: City Attorney ORDINANCE No. 19- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 7.74 EMERGENCY OPERATIONS management plan, together with corresponding hazard-specific plans and resource and call lists. Sections: The plan shall sets out emergency procedures for the city to implement when responding to various 7.74.000 Emergency Management Code types of significant emergencies. The plan shall be 7.74.010 Short Title is on file with the city recorder and also on the 7.74.020 Emergency Management Plan city's website. Internet at the following address: 7.74.030 Agreements http://www.tigard or.gov/city_hall/departments/ 7.74.040 "Local Emergency"Defined public_works/emergcncy/dcfault.asp. 7.74.050 Adoption of the National Incident Management System B. The plan may be changed or updated 7.74.060 Executive Responsibilities and from time to time as follows: The city council Line of Succession shall have has authority to adopt or amend Section 7.74.070 Declaration and Ratification of 1, Administrative Overview, and Section la, a Local Emergency Basic Plan, of the plan, as these sections serve as 7.74.080 Declaration of Emergency— the policy direction for emergency operations. Authorized Procedures The emergency program manager shall have has 7.74.090 Violations—Penalties authority to amend other sections or documents associated with the plan. (Ord. 10-03 §1) 7.74.000 Emergency Management Code 7.74.030 Agreements Pursuant to ORS 401.305, related to the emergency management powers of local In accordance with the city's procurement governments, an emergency management agency procedures, the emergency program manager is for the City of Tigard is established. Subject to the authorized to negotiate, prepare, and recommend appointment by the city manager, the emergency agreements between the city and public agencies program manager shall have has responsibility for or private parties in furtherance of the policies set the organization, administration, and operation of forth in the plan. Emergency contracts shall may the emergency management agency during an be entered into in accordance with Tigard's Public emergency in accordance with the emergency Contracting Rules Section 80.010. (Ord. 10-03 management plan. (Ord. 10-03 §1) §1) 7.74.010 Short Title 7.74.040 "Local Emergency" Defined Chapter 7.74 shall be known and may be A. A "local emergency" exists whenever cited as the "Emergency Management Code" and the city or an area impacting part of the city is also may be referred to herein as "this chapter." suffering, or in imminent danger of suffering, an (Ord. 10-03 §1) incident that may cause injury or death to persons, or damage to or destruction of property to the 7.74.020 Emergency Management Plan extent that extraordinary measures must be taken to protect life,property, or the environment. A. The emergency management plan referred to herein consists of the emergency B. Such an incident shall may include, but 7-74-1 Exhibit A TIGARD MUNICIPAL CODE not be limited to, the following: fire, explosion, the duties identified under this chapter, the duties flood, severe weather, landslide, drought, shall will be performed in the following order of earthquake, volcanic activity, spills or releases of succession: oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation 1. Council president or council emergencies, pandemic, disease, blight, member. infestation, civil disturbance, riot, sabotage, terrorist attack and war. The mayor, or the 2. City manager or the assistant city mayor's successor, has the authority to declare a manager. local emergency subject to the provisions of Section 7.74.070.(Ord. 10-03 §1) 3. Police chief or the police chief s designee. 7.74.050 Adoption of the National Incident Management System 4. Public works director or the public works director's designee. The principles and policies of the National Incident Management System (NIMS) shall serve B. The powers of the successor to the as the foundation for the city's incident command, mayor shall be are limited to those granted under coordination, and support activities. this chapter and the Charter. The duration of succession shall will be until such time as the A. To the extent possible, the city will mayor is able and available to perform his or her utilize the Incident Command System (ICS) of duties.(Ord. 10-03 §1) NIMS to manage major emergencies and disaster operations within its jurisdiction. 7.74.070 Declaration and Ratification of a Local Emergency B. City staff responsible for managing and/or supporting major emergency and disaster When the mayor, or the mayor's successor, operations will be provided appropriate training determines that a local emergency exists, the on NIMS, ICS and its core components. (Ord. 10- mayor,or the mayor's successor,shall will make a 03 §1) declaration to that effect,and within 24 hours, call a special meeting of city council to ratify the 7.74.060 Executive Responsibilities and declaration of emergency. City council's Line of Succession ratification of the declaration of emergency will be by ordinance or resolution. Notwithstanding the following, the city manager is responsible for ensuring emergency A. A declaration of local emergency can be management functions assigned under the plan are made to: carried out. 1. Implement specific temporary local A. The mayor, or the mayor's designee, measures which may be taken to protect life, shall will administer the implementation of property,or the environment. policies contained in the plan. If the mayor, for any reason, is unable or unavailable to perform 2. Request assistance from the county 7-74-2 Exhibit A TIGARD MUNICIPAL CODE mor state,to include requesting a declaration of D. In addition to the requirements of a"state of emergency"made by the governor. subsections B and C of this section, the ratification by the city council of a local 3. Request the governor ask for a emergency shall must: presidential "declaration of a major disaster or emergency," which would initiate actions 1. State the duration of time for the necessary for local governments and individuals declaration of the state of emergency during to receive federal disaster assistance. which the dcsignatcd arca remain an emergency area; and B. The declaration by the mayor, or the mayor's successor, of a local emergency shall 2. Approve or modify specific must state the following: emergency measures recommended by the mayor, or the mayor's successor, for the duration of the 1. The nature of the emergency; emergency period set forth in the declaration. 2. Location or geographic area E. The declaration of a local emergency,as affected; ratified by city council, must limit the duration of the state of emergency to the period of time 3. Description of emergency during which the conditions giving rise to the conditions or threat; declaration exist or are likely to remain in existence, declared by the mayor, or the mayor's 4. Description of damage or potential . , .. damage,if any;and declaration, but shall not exceed two weeks in 5. Specific measures to be taken to . - •: . , .. protect lives and properties. (Ord. 10-03 § 1) C. If a declaration is made to request 7.74.080 Declaration of Emergency— assistance, in addition to the statements required Authorized Procedures in subsection B of this section, the declaration shall must include: Whenever a local emergency has been declared to exist within the city, one or more of 1. Resources committed and actions the following temporary emergency measures initiated by the city to stabilize the situation; may be taken to protect life, property, or the environment: 2. A statement requesting the governor consider the city an "emergency area," A. Establishment of a curfew for the area declare a state of emergency, and, if warranted, designated as an emergency area which fixes the request a presidential declaration;and hours during which all persons, other than officially recognized personnel, may be upon the 3. The type of assistance and public streets or other public places. resources required. B. Prohibition or limitation of the number 7-74-3 Exhibit A TIGARD MUNICIPAL CODE of persons who may gather or congregate upon any public street, public area, or any outdoor place 7.74.090 Violations—Penalties. within the area designated as an emergency area. No person shall knowingly violate any C. Barricading of streets and other areas. regulation promulgated pursuant to this chapter, Vehicular and pedestrian traffic may be prohibited and imposed in a state of emergency declared or regulated on streets leading to areas designated .. .. - •. - as emergency areas for such distance as may be knowingly violate any reasonable order issued by deemed necessary under the circumstances. city emergency personnel during periods of declared emergency. Violation Knowing violation D. Mandatory evacuation of persons €ren} of an emergency regulation or order issued by city designated emergency areas. when necessary for emergency personnel during periods of a declared public safety or when necessary for the efficient emergency is a Class 1 civil infraction and shall conduct of activities that minimize or mitigate the may be prosecuted as set forth in Chapter 1.16 of effects of the emergency. the Tigard Municipal Code, except that, notwithstanding Section 1.16.640.A.1, the E. Prohibit or restrict the sale of alcoholic minimum fine upon conviction shall-be is not less beverages. than $250 and not more than $1,000 per offense. Each day of violation (hall will be deemed a F. Prohibit or restrict the sale of gasoline or separate offense for purposes of imposition of other flammable liquids. penalty.(Ord. 12-01 §2;Ord. 10-03 §1) ■ G. Prohibit or restrict the sale, carrying or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place. H. Curtailment or suspension of commercial activity. I. Interruption or termination of water,gas, or electrical service. J. Redirection of city funds for emergency use and suspension of standard city procurement procedures. K. Other measures which are imminently necessary for the protection of life, property, or the environment, including entering into or upon private property to prevent or minimize danger to lives, property, or the environment. (Ord. 10-03 §1) 7-74-4 AGENDA ITEM No. 6 Date: February 19, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing - Consider an Ordinance Amending Tigard Municipal Code (TMC) 7.74 - Emergency Operations This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: February 19, 2019 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Addres Phone N . Name,Address&Phone No. Y Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. SUPPLEMENTAL PACKET FOR-aii`die G=, (DATE OF MEETING) ELECTED OFFICIALS' EMERGENCY OPERATIONS GUIDE i r r T I GARD City of Tigard January 2019 services system as prescribed in Oregon Revised Statutes (ORS) 401. This is accomplished through the prevention, mitigation, and management of emergencies or disasters that present a threat to the lives and property of Table of Contents citizens and visitors to the State of Oregon. OERS-Oregon Emergency Response System-OERS is the primary point of contact by which any public agency provides the state notification of an I. Introduction emergency or disaster, or requests access to state or federal resources. The purpose of the Oregon Emergency Response System is to coordinate and II. Emergency Management Authority manage state resources in response to natural and technological • State emergencies and civil unrest involving multi-jurisdictional cooperation • Regional between all levels of government and the private sector. • County • City ORS-Oregon Revised Statutes-The codified laws of the state of Oregon. • Special District PIO-Public Information Officer-The Public Information Officer is the point III. References of contact for the media and for other organizations seeking general information directly from the incident scene or from the Emergency IV. The Emergency Operations System(people, facilities,organization) Operations Center. SOLO - Single Overriding Communications Objective - Key public V. The Emergency/Disaster Declaration Process: • City/County Level communications point or objective • State Level SOG - Standard Operating Guideline - Similar to Standard Operating • Federal Level Procedures(SOP),but typically less prescriptive. VI. Incident Action Checklists SOP-Standard Operating Procedures (SOP) - Describe primary and back- VII. Personal Preparedness up facilities, communications capabilities, activation processes, staffing, initial priorities and work responsibilities, operating and reporting VIII.Key Contacts procedures, etc. SOPs are used by many agencies to implement responsibilities contained in their EOP's. IX. Media Guide(Tips for working with the media) WCCCA-Washington County Consolidated Communications Agency - The X. Training Recommendations Washington County agency established to provide 9-1-1 service and public safety communications for participating police, fire, and emergency medical service agencies and for other governments under contract. XI. Glossary 34 may be organized by ICS functions (i.e., Command, Operations, Planning, etc.), by discipline (e.g., fire, public works, law enforcement, emergency medical services, etc.), by jurisdiction (e.g., federal, state, regional, county, city,district,tribal),or some combination thereof. EOP - Emergency Operations Plan - The "steady-state" emergency plan maintained by state and local governments for responding to a wide variety of potential hazards. FEMA - Federal Emergency Management Agency - The federal agency established to coordinate and oversee federal assistance to state and local governments in the event of major disasters. ICS- Incident Command System - A management system used to provide effective incident management through the identification of specific roles and responsibilities and chain-of-command. The ICS utilizes functional groupings of tasks,management by objectives,and unified command. NGO-Nongovernmental Organization-Any nonprofit organization which is independent from government. NGOs are typically value-based organizations which depend, in whole or in part,on charitable contributions and voluntary service. NGOs pursue activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development. Examples of emergency- focused NGOs include the American Red Cross and many faith-based charity organizations. NIMS - National Incident Management System - A system mandated by HSPD-5 that provides a consistent nationwide approach for federal, state, local, and tribal governments, the private-sector, and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among federal, state, local, and tribal capabilities, the NIMS includes a core set of concepts, principles, and terminology. HSPD-5 identifies these as the ICS; Multi-Agency Coordination Systems; training; identification and management of resources (including systems for classifying types of resources); qualification and certification; and the collection, tracking, and reporting of incident information and incident resources. NRP-National Response Plan-A plan mandated by HSPD-5 that integrates federal domestic prevention, preparedness, response, and recovery plans into one all-discipline,all-hazards plan. OEM - Oregon Emergency Management - The state agency responsible for execution of the Governor's responsibilities to maintain an emergency 33 Section XI-Glossary Section I-Introduction AOC-Agency Operations Center-The EOC for a state agency(e.g., ODOT, This Emergency Operations Guide is intended as a reference for elected DEQ,ODF). officials in Washington County and the City of Tigard when preparing for and responding to a local emergency or disaster. It includes important BCP - Business Continuity Plan - All encompassing term covering both information about the emergency management system and processes, disaster recovery planning and business resumption planning. This emergency contacts,and an incident checklist. umbrella term also refers to other aspects of disaster recovery, such as emergency management, human resources, media or press relations, etc. As an elected official, you are encouraged to become familiar with the From the National Institute of Standards and Technology perspective, BCP information in the guide before disaster strikes, and to use it during an identifies procedures for sustaining essential business operations while actual emergency to help optimize your effectiveness. recovering from a significant disruption. A"GOLDEN RULE"for every emergency is to: COOP- Continuity of Operations - A public enterprise's ability to survive 1. Maintain your composure; and sustain critical core business operations and functions during an 2. Assess the situation; unforeseen emergency or disaster. Continuity of operations is essential for 3. Understand your authority and responsibility;and the welfare of any organization in order to mitigate the negative effects of an 4. Take appropriate action interruption. Personal and family safety and security should be a key element of COG - Continuity of Government - The principle of establishing defined your initial situation assessment. procedures that allow a government to continue its essential operations in case of a disaster or emergency. _ Your performance during an emergency will be heavily dependent upon individual and family preparedness. If you have prepared adequately, you DOC - Department Operations Center - A centralized location established will be able to respond with greater confidence knowing that your family is during minor emergencies and disasters from which a single department safe and capable of managing on their own. can receive information pertaining to an incident and from which they can provide direction, coordination, and support to department emergency Included in this guide are checklists to help you build a 2-week emergency operations including deployed field resources. kit, set up a family emergency contact plan, and identify other actions that, if taken before disaster strikes, can increase your survivability and EAS - Emergency Alert System - A digital technology (voice/text) effectiveness. In addition to the actions prompted by the checklists, there communications system consisting of broadcast stations and are a number of community programs,including the Community Emergency interconnecting facilities authorized by the Federal Communications Response Team (CERT) program, Map Your Neighborhood (MYN) program Commission. The system provides the President and other national, state, available to help you and your family prepare for disaster. and local officials the means to broadcast emergency information to the public before,during,and after disasters. Once your personal and family safety and security are assured,you can more effectively focus your attention on the disaster and its impact on ECC- Emergency Coordination Center - Similar to an EOC, but does not the community. exercise control of resources. An ECC coordinates and supports the incident response activities of other organizations. As an elected official, you play an important community role during disasters by: EOC - Emergency Operations Center - The physical location where the • Providing information, advice,and support to the Chief Executive Official coordination of information and resources to support domestic incident and emergency response staff; management activities normally takes place. An EOC may be a temporary • Reassuring citizens through your presence and leadership; facility or may be located in a more central or permanently established facility,perhaps at a higher level of organization within a jurisdiction. EOCs 32 1 • Coordinating with elected officials and senior executives from other together to prevent or respond to threats and incidents regardless of cause, jurisdictions,agencies,and businesses;and size,or complexity. • Declaring an emergency, formulating policy, and taking other regulatory http://training.fema.gov/EMIWeb/IS/is800.asp actions necessary to facilitate response and recovery operations and maintain government continuity. IS-701.A:NIMS Multiagency Coordination System(MACS)Course This course introduces Multiagency Coordination(MAC)Systems as described in the National Incident Management System(NIMS),and shows how these systems can be used to improve incident response. MAC Systems consist of a combination of elements:personnel,procedures,protocols, business practices,and communications integrated into a common system. After taking this course,you should be able to improve the overall coordination with,and support for,incident management by developing and operating within MAC Systems. http://training.fema.gov/EMIWeb/IS/is701.a.asp IS-702.A:National Incident Management System(NIMS)Public Information Systems:The National Incident Management System(NIMS) provides a consistent nationwide template to enable all government,private- sector,and nongovernmental organizations to work together during domestic incidents.This includes public information.The public information systems described in NIMS are designed to effectively manage public information at an incident,regardless of the size and complexity of the situation or the number of entities involved in the response. http://training.fema.gov/EMIWeb/IS/is702.a.asp IS-200.B: ICS for Single Resources and Initial Action Incidents: ICS 200 is designed to enable personnel to operate efficiently during an incident or event within the Incident Command System(ICS).ICS-200 provides training on and resources for personnel who are likely to assume a supervisory position within the ICS. 2 31 ti Section X-Training Recommendations Section II-Emergency Management Authority Additional information that can enhance understanding of your emergency State of Oregon role and responsibilities is available through FEMA's on-line independent study program. A. As noted in ORS 401, it is declared to be the policy and intent of the Oregon Legislative Assembly that preparations for emergencies and ICS 100,Introduction to the Incident Command System, introduces the governmental responsibility for responding to emergencies be placed at Incident Command System (ICS) and provides the foundation for higher the local government level. The state shall prepare for emergencies, but level ICS training. This course describes the history, features and shall not assume authority or responsibility for responding to such an principles, and organizational structure of the Incident Command System. event unless the appropriate response is beyond the capability of the city It also explains the relationship between ICS and the National Incident and county in which it occurs, the city or county fails to act, or the Management System(NIMS). emergency involves two or more counties. http://training.fema.gov/EMIWeb/IS/is 100.asp The Governor is responsible for the emergency services system within the ICS 402 (EMI G402), Incident Command System (ICS) Overview for State of Oregon. The executive officer or governing body of each county Executives, is an ICS orientation for executives, administrators, and policy or city of the state is responsible for the emergency services system makers. It provides a basic understanding of ICS, unified and area within that jurisdiction. command, and multi-agency coordination to those persons responsible for establishing or implementing policy, but who normally are not part of the The Governor may declare an emergency by proclamation at the request on-scene ICS organization. The course also discusses responsibilities and of a county governing body or after determining that an emergency has information transfer between executives and incident commanders. occurred or is imminent. When an emergency is declared, the Governor http://training.fema.gov/emiweb/pub/g402.asp has very broad authority to exercise police powers, regulate commerce, control transportation,remove debris,and more. IS 700,National Incident Management System(NIMS),An Introduction, describes the key concepts and principles of the NIMS, and the benefits of B. Pursuant to ORS 433.441, the Governor may declare a state of using the system for domestic incident response. On February 28, 2003, impending public health crisis. Such a declaration gives power to the President Bush issued Homeland Security Presidential Directive-5. HSPD-5 Oregon Department of Human Services to order, authorize, and adopt directed the Secretary of Homeland Security to develop and administer a reporting requirements, diagnostic and treatment protocols, public National Incident Management System. The NIMS provides a consistent health measures including temporary isolation and quarantine, and nationwide template to enable all government, private-sector, and other reasonable administrative actions, and to impose civil penalties for nongovernmental organizations to work together during domestic incidents, non-compliance. http://training.fema.gov/EMIWeb/IS/is700.asp C. Under ORS 431.045, Oregon State Public Health (OSPH) has full power IS 800,National Response Plan,An Introduction,introduces the National in the control of communicable diseases. All state and local public Response Plan (NRP), including the concept of operations upon which the health officers and employees, including peace officers, are authorized to plan is built, the roles and responsibilities of the key players, and the enforce rules adopted by OSPH relating to public health and other health organizational structures used to manage these resources. The NRP matters subject to state authority. provides a framework to ensure that we can all work together when the Nation is threatened. The NRP specifies how the resources of the federal D. When the Oregon State Fire Marshal believes that a fire is causing, or government will work in concert with state, local, and tribal governments may cause, undue jeopardy to life and/or property, the Governor may and the private sector to respond to incidents of national significance. The invoke the Emergency Conflagration Act (ORS 476) and mobilize local NRP is predicated on the National Incident Management System (NIMS). firefighting resources. The Oregon Fire Service Mobilization Plan outlines Together, the NRP and the NIMS provide a nationwide template for working the process and procedures for mobilization and provides a mechanism for reimbursement of costs by the state. The State Fire Marshal can use 30 3 J the Plan, without invocation of the Act, for non-fire emergencies. • If the news is bad (and it's obviously going to get out), break the story However,cost reimbursement is not provided in these circumstances. yourself and get it over and done with as quickly as possible. • Coordinate with legal counsel, but make sure counsel understands the Portland Metropolitan Region public relations ramifications of the situation. You can win in a court of law,but still lose in the court of public opinion. A. The Oregon Office of Emergency Management (OEM) has created • If your agency has messed up,confess and repent. Homeland Security regions throughout the state but those regions • Focus on solutions,not the problem at hand. currently have no staff, resources, defined responsibilities, or emergency • Don't be defensive. Express concern when bad things happen. You can management authority. Washington County is in Homeland Security express concern without taking responsibility or assigning fault. Region 2,which includes the four metropolitan area counties, along with Tillamook and Clatsop counties. For more information B. Metro, the area's regional government, has no specific emergency The Federal Communicator's Network has posted its 63-page management authority but does have important responsibility for debris Communicator's Guide as a downloadable PDF document. Go to management,a critical emergency response and recovery function. www.fcn.gov. Washington County "Winning with the News Media: A Self-Defense Manual When You're the Story," written and self-published by former investigative reporter Clarence As required by ORS 401.305, all Oregon counties must maintain an Jones. The book is available through most major online book dealers, i.e., emergency operations plan (EOP) and emergency operations center (EOC), Amazon, Borders, etc. It can also be ordered directly at www.winning- and utilize an incident command structure for management of a coordinated newsmedia.com. response by all local emergency service agencies. Each county may, by ordinance or resolution, establish procedures to respond to or recover from an emergency including provisions for declaring an emergency and ordering mandatory evacuations. Furthermore, each Oregon County is expected to coordinate emergency management program activity with its cities,districts, and other local governments and to be the conduit between local governments and the state during emergency response and recovery operations. A. Washington County maintains a comprehensive EOP and has established a primary EOC at the Washington County Law Enforcement Center in Hillsboro. It maintains a secondary EOC at the county 9-1-1 Center. B. The County Board of Health (the Board of County Commissioners for Washington County) is the county policymaking body in implementing the duties of local departments of health. Activities include epidemiology, control of preventable diseases and disorders, and environmental health services. The Director of the Washington County Department of Health and Human Services possesses the powers of a constable or other peace officer in all matters pertaining to public health. C. The following Washington County codes and resolutions establish the authority for the county's emergency operations activities: 4 29 • You're always on the record,and probably being taped. 1. County Code, Chapter 8.36, also known as the Emergency Services • Respect deadlines;it's important to get it right and get it fast. Code,specifies criteria for declaring an emergency and gives the Chair • If you're not the best source,connect reporters with whoever is. of the Board of County Commissioners authority to do so(if the Board • Know what areas are sensitive for your agency and when to pass the is not available). It also describes the list of emergency powers that buck. may be invoked in an emergency declaration. • Provide equal treatment for all reporters. • Don't assume reporters know anything about your agency and its work. 2. County Minute Order# 91-354 establishes an Emergency Operations • Stick to confirmed,verifiable facts. Do the play-by-play and not the color Plan to be implemented by county department heads and agencies, commentary. volunteer groups and others. The plan is to be used for the • Deal only with your agency's area of expertise and involvement. management of all disasters affecting Washington County. • If you can't comment on something,explain why in general terms. • It's okay to admit you don't know something. 3. County Resolution # 05-150 adopts the Incident Command System (ICS) promulgated by the National Incident Management System • Avoid using acronyms and agency jargon. Consider your audience. (NIMS)for managing emergency situations. • Make your point as succinctly as possible, and repeat it as many different ways as you can. City of Tigard • Ignore tape recorders and cameras. Look reporters in the eye and have one-on-one conversations. As noted in ORS 401.305, Oregon cities may establish or maintain an • Be proactive. Have an agenda for every interview, with key points to emergency management program. If they choose to do so, they must, make. maintain a current Emergency Operations Plan (EOP) and Emergency • Never look up or down when you're on camera. Operations Center (EOC), and utilize an incident command structure for • Never argue with anyone who buys ink by the barrel or videotape by the management of a coordinated response by all local emergency service case. agencies. Cities may, by ordinance or resolution, establish procedures to • Stay calm and composed...no matter what. Don't let your reaction to a respond to or recover from an emergency including provisions for declaring story overshadow the story. an emergency and ordering mandatory evacuations. Furthermore, each Oregon city is expected to coordinate its emergency management program When the news hits the fan activity with its county and to work with and through the county during emergency response and recovery operations. • Be prepared. Know in advance what agency policy is on release of information and who is authorized to speak. A. The City of Tigard maintains a comprehensive EOP and has established a • Know the law. Oregon public records law, for example, spells out the primary EOC at the Public Works building located 8777 SW Burnham St. rules for release of information on employee discipline. It maintains a secondary EOC at the Tigard Public Library in the • Collect background materials on the agency (e.g., organizational Community Room located at 13500 SW Hall Blvd. overview,service area,and key statistics). • Don't hesitate to brainstorm"worst case" scenarios. What would we do B. The following city ordinances and resolutions establish the authority for if...?Watch other organizations in the media hot seat. the city's emergency operations activities: • Don't overlook internal communications; let employees know what's going on. They are key communicators both on and off the job. 1. Tigard Ordinance # 96-38 establishes an Emergency Management • Make sure telephone receptionists have a "script" and know where to Operations Basic Policy to be implemented by the City Manager. The refer calls. city is'to mitigate and prepare for unforeseen events which affect the • Put yourself in the reporter's place...what would YOU ask? health and safety of city residents in a manner that protects life and • Consider long-term effects,such as litigation. property." The policy further should direct that all hazards are • Release as much information as possible. Be aware that some addressed. information you have been provided may not be releasable to the media or public. 28 5 2.Tigard Resolution#5-58 adopts the Incident Command Systems(ICS) stories...usually no longer than 30 seconds to a minute. Typically have two developed by the National Incident Management System (NIMS) for or three deadlines a day. Conduct most intimidating interviews with a managing emergency situations. combination of video and audio taping. 3. Tigard Ordinance # 96-38 Also known as the Emergency Code, Wire Service-Supplies newsrooms with stories on a regional and national specifies criteria for declaring an emergency and gives the City basis. Stories are produced in print format but can be written for Manager authority to do so if the Mayor or Council are not available. broadcast. Good way to get basic story out to a large audience. It also describes the list of Emergency Powers that may be invoked in an emergency declaration. Internet/Social Media - Rapidly becoming a major force in news. Most news organizations post stories on the Web. Many agencies post news 4. Tigard Ordinance# 10-03 Pursuant to ORS 401.305,related to the releases,as well. Periodic searches can protect agency reputation. emergency management powers of local governments,an emergency management agency for the City of Tigard is established.Subject to What do reporters want? the appointment by the city manager,the emergency program manager shall have responsibility for the organization, Information-Who, what, when,where, how, and why. Also, "how much" administration,and operation of the emergency management agency when appropriate. during an emergency in accordance with the emergency management plan.(Ord. 10-03§1) Access - To information in the form of people and documents and to facilities and event locations for visuals. What makes news? News value varies from community to community and day to day. General factors include: controversy, change, issues of broad interest, public expenditures,and compelling visuals. Legal considerations The media have a constitutionally-protected right to cover the news. Be familiar with Oregon Public Records and Meetings Law. At events, remember that the media has the right to be at least as close as the general public and take pictures from there. Public spaces are photographic "free fire"zones. Always have a"SOCO" Every time you interview with a reporter, you should have a "Single Overriding Communications Objective" (SOCO). Ask yourself"what is the one message the audience needs to take away from the story?" Identify the three key facts or statistics you'd like the public to remember. In one sentence or two,state your key point or objective in doing the interview. Rules for surviving interviews • Honesty,honesty,honesty. 6 27 Section IX-Media Guide Section III -References Experience has shown that major incidents often result in intense media Plans attention from both local and national news agencies. In addition, an informed community can assist local government response. It is also true City of Tigard's Emergency Operations Plan(EOP)-Outlines operational that a disaster organization which is not a center of information will find it concepts and assigns responsibilities and activities to organizations and difficult to remain a center of control. Coordination with the media, and individuals for carrying out specific response functions in the event of an orchestration of an effective response from the entire community, can best emergency or disaster, identifies hazard-specific actions, and designates be accomplished by establishing a procedure which provides complete and lead agency responsibility for hazard-specific situations. accurate information before, during, and after an emergency. Effective public information can enhance respect and understanding of local City of Tigard's Continuity of Operations (COOP) Plan - Prioritizes government, as well as aid in response to emergencies. Information on critical services and activities in order of importance for periods of limited Tigard's Public Information process can be found in the EOP Section FA-F. capacity characterized by a disaster or emergency situation. It establishes policies and procedures, back-up capability, requirements, and staffing Here are some key proven points to help you when dealing with the media. needed to expeditiously restore critical services. Why work with the media? City of Tigard's Natural Hazard Mitigation Plan Addendum-Documents and assesses the most likely natural hazard threats facing a jurisdiction, You have to. Oregon public records and meetings law requires a high identifies and prioritizes actions that can be taken prior to an incident that degree of transparency in public agencies. In addition, the media provides can lessen the impacts of the incident, and identifies the stakeholders who the fastest and most cost-effective way to inform and educate your citizens may assist with implementation of the identified actions. about the work, challenges, and needs of your organization. Most citizens - form their opinions of your organization based on news coverage. In a"bad State of Oregon Emergency Operations Plan - Similar in purpose to a news" situation, the media will do the story with or without your local agency EOP but applicable statewide. It outlines operational concepts help...you'll probably be happier with the results if you make an effort to tell and assigns responsibilities and activities to state agencies and your side of the story. - organizations for carrying out specific response functions in the event of an emergency or disaster, identifies hazard-specific actions, and designates Type and style differences among the media lead agency responsibility for hazard-specific situations. Newspaper- Provides permanent record of events with the highest level of State of Oregon Enhanced Natural Hazard Mitigation Plan- Similar in detail of any medium. Typically has one deadline each day/week. Uses purpose to a local agency natural hazards mitigation plan but applicable beat reporting system. Often referred back to for subsequent stories and statewide. It documents and assesses the most likely natural hazard updates, indicating strong need to correct errors. Read by other media. threats facing the state, identifies and prioritizes actions that can be taken Interviews are typically one-on-one conversations in person or over the prior to an incident that can lessen the impacts of the incident, and phone. Be prepared with a lot of details. identifies the stakeholders who may assist with implementation of the identified actions. Radio-Most mobile medium. Requires the least of its audience. Typically has hourly deadline. Can go on instantly with breaking or major news. National Response Plan (NRP) - The National Response Plan integrates Provides short stories...two to four sentences at most. Small reporting staff federal domestic prevention, preparedness, response, and recovery plans does most work over the phone. Learn to tell your story(ies) in 14 seconds into one all-discipline,all-hazards plan.The NRP is activated for incidents of or less. national significance. FEMA and other federal resources are assigned to support state and local response and recovery operations through the plan. Television-Where most folks get their news. Has visual orientation. Uses These agencies may activate at or near the state's emergency center and a combination of journalism and show business. Provides short 26 7 staff prescribed Emergency Support Functions (ESFs) as necessary to meet Section VIII -Key Contacts state and local needs. Procedures All elected officials are encouraged to develop and maintain an emergency contact list with personal and business numbers for key personnel with City of Tigard's Emergency Operations Center (EOC) Standard whom they will coordinate strategic policies and information. These Operating Procedures (SOP) - Describes primary and back-up facilities, personnel should include: communications capabilities, activation processes, staffing, initial work priorities,and operating and reporting procedures. Internal Standard Operating Guidelines • Agency executive staff and department heads with emergency response duties. Include staff from special districts or other agencies providing Directives these functions within your jurisdiction. - Fire City of Tigard's Emergency Management Directive - Identifies the - Law Enforcement mission, strategic goals, and objectives of the program; describes - Public Works(Transportation,Transit,Airport,etc.) management policies; designates the chain of command; and assigns roles - Utilities(Electrical,Water,Sewer,Communications,etc.) and responsibilities. - Emergency Management Hazard Analyses - Public Health - 9-1-1 City of Tigard's Hazard Analysis and Vulnerability/Risk Assessment - • Agency PIO(if not included in preceding items) Provides a systematic assessment and prioritization of likely • Agency EOC(primary and alternate) emergencies/disasters by analyzing history, vulnerability and probability. • Critical businesses (including private utilities) within your agency The assessment provides the foundation for mitigation, emergency boundaries operations and recovery planning,and other preparedness strategies. • Important nongovernmental organizations serving your jurisdiction (e.g. American Red Cross,Community Action Organization,etc.) • Any 24-hour emergency or information line and Website maintained by your agency(including recorded information) External • Other local elected officials as well as those at the regional, state, and federal levels • Other important emergency centers(e.g.,county EOC for city and district officials and sate ECC for county officials) • Any 24-hour emergency or information line and Website maintained by other jurisdictions that are likely to contain relevant information (including recorded information) 8 25 • A battery-powered radio Section IV-The Emergency Operations System • One or more flashlights, at least one of which can be used in a"hands- free"mode • Extra batteries for anything in your kit that needs them Incident Command • Critical documents and contact information (e.g., important phone numbers [utilities, pharmacies, schools] and copies of birth certificates, ORS 401.305 requires all counties and any cities with an emergency passports,insurance policies,and other proof of identity and ownership) management agency to establish an incident command structure for • Cash(quarters and small bills and travelers checks) management of a coordinated response. Homeland Security Presidential • A current map of the area Directive 5 (HSPD-5) encourages all jurisdictions to utilize the National • Spare personal items(e.g.,toiletries,glasses,and hearing-aids/batteries) Incident Management System (NIMS) for all emergency operations. The • One to two weeks'worth of whatever you can't live without. If you rely NIMS adopts the Incident Command System (ICS) as the preferred national on medication, home oxygen, powered life-support equipment, or other system for incident command. Jurisdictions who accept Homeland Security critical items, don't rely on pharmacies or other suppliers to be open or and other emergency preparedness grants are required to adopt the NIMS able to restock immediately after a disaster. Even when emergency and use the ICS for management of all domestic incidents. City of Tigard shelters are opened and people can be fed and housed,certain materials has adopted the NIMS. may be unavailable or in short supply for an extended period of time. A. National Incident Management System(NIMS) As noted earlier in this guide, the effectiveness of your response as an elected official will be significantly impacted by the confidence you The NIMS provides a consistent nationwide template to enable federal, have in the safety and security of your family. state, local, and tribal governments and private-sector and nongovernmental organizations to work together effectively and efficiently to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity, including acts of terrorism. The NIMS represents a core set of doctrine,concepts,principles, terminology, and organizational processes to enable effective, efficient, and collaborative incident management at all levels. Using the comprehensive framework provided by the NIMS provides the structure and mechanisms for national-level policy and operational direction for federal support to state,local,and tribal incident managers and for exercising direct federal authorities and responsibilities as appropriate under the law. B. Incident Command System(ICS) The ICS is a management tool which operates within the framework of the NIMS and can be used on any kind or size of incident. It can also be used as a management system for planned, non-emergency events. The primary objective of the ICS is the safe application of resources to effectively and efficiently manage and mitigate an incident. At an incident involving any type of response activities,command, resource control,and communication must exist to ensure effective incident management. 24 9 Section VII-Personal Preparedness • Command-An incident commander is needed to: o Assess the situation and resources o Develop and implement an appropriate action plan No matter how prepared public safety agencies are to respond to o Monitor the effectiveness of the plan emergencies, they are never able to get to everyone as fast as they'd like to o Review/modify the plan as changes occur in a disaster. The public safety agency itself will be a victim of the disaster, o Maintain command and control throughout the incident until will be hampered in their response by damage to roads, bridges, and relieved or hand-off occurs communications systems, and will be overwhelmed by emergency calls. In • Resource Control-Resources must be properly directed to maximize view of these impacts and limitations, it's important that all citizens be their utilization prepared to fend for themselves in the first hours and perhaps days of a • Communication-In order to orchestrate and coordinate the use of major emergency. resources at an incident, all members of the incident response team must be linked by: The following actions are recommended for every household: o A well defined organizational structure o Clear lines of communication Develop a Plan The ICS provides for effective command, resource control, and Prepare a plan that address or includes the following elements: communication through the following organizational and operational • Evacuation-A plan for evacuating your home and office in case of fire or components: other emergency • A standardized and modular organizational structure • Reunification - A plan for reunifying with your family or coworkers • Common and standardized terminology following a home or office evacuation • Span-of-control criteria for incident management personnel • Emergency Contacts - Contact information for family members and an • An integrated approach to communications - out-of-area contact that you and your family can check in with in case • Unified Command for multi-jurisdictional or multi-discipline incidents you can't reunite right away • A comprehensive resource management scheme • Pets-A plan for management of your pet(s)if forced from your home • A standardized action planning process and consolidated action plans Obtain Training C. Incident Commander(IC) • First Aid-Attend basic first aid and CPR classes The IC is the individual responsible for all incident activities,including • Fire Suppression-Learn how to use a fire extinguisher the development of strategies and tactics,the ordering and release of • Utility Shutoff - Know where utility shutoffs are located and how to resources,and release of public information.The IC has overall authority operate them and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. In the Create and Maintain an Emergency Supplies Kit case of multiple incident scenes,each incident will have a separate IC who is responsible for management of the resources assigned and the • Food and drinking water for 14-21 days; a 4 week supply is even better. information related to that incident. Stock nonperishable items that you and your family will eat and don't forget a can opener. Incident Resources • Temporary shelter in case your home is uninhabitable (e.g., tent, sleeping bag,or camper) The resources needed for response to local emergencies are available from a • A first-aid kit and a tool kit number of sources. The first source is the local agency or agencies • A way to heat or cook(e.g.,Sterno,outdoor grill,or camp stove) impacted by the emergency. Those resources can take several forms • Clothing for several days including outerwear and sturdy footwear including people,equipment,and equipment with people and can be applied • Appropriate supplies for infants, seniors,and others with special needs in operational, advisory, and administrative support functions. The • Supplies for pets 10 23 Identify regulatory actions necessary to protect the public and resources may be deployed individually or be organized into larger groups facilitate response and recovery activities(TMC 7-74) such as crews, teams, task forces, and strike teams. Local resources may • Emergency declarations also include people and equipment from nongovernmental organizations • Chain of succession (e.g., the Red Cross and Humane Society), existing volunteer groups (e.g., • Intergovernmental obligations for service/mutual aid Amateur Radio Emergency Services and Community Emergency Response • Social controls Teams), and spontaneous or emergent volunteers. Contract resources may • Price controls also be utilized. • Suspension or alteration of administrative/financial policies • Other actions When the resources of local government are heavily tasked or exhausted, mutual aid resources from other local governments may be available. Those POLITICAL ISSUES resources can be provided pursuant to pre-signed agreements between the governments, through a statewide mutual aid agreement, or through an Identify process logistics: interstate mutual aid compact. • Policy Group meeting schedule • Schedule and process for situation updates In widespread emergencies, the use of local mutual aid agreements is • Press conference schedule and process for public information typically suspended and resources are requested and allocated through a releases more centralized system at the County EOC. The system, which links city and special district EOCs to the county EOC and State Emergency Assist in the development and evaluation of incident management Coordination Center (ECC), facilitates consolidation of requests, policy prioritization of need, and allocation/distribution of resources to areas of Participate in Policy Group as requested highest need. Assist in coordinating other activities as requested If the Governor declares an emergency for an impacted county, that action Coordinate with business leaders makes state resources available to local governments in the county. The state's resources are not extensive,but do include important transportation, Coordinate with elected officials from other jurisdictions to ensure military, public health, agriculture, environmental protection, and other support and consistency in response assets. Provide necessary coordination with regional, state and national elected officials A presidential (i.e., federal) emergency or disaster declaration for an impacted county opens the door to an extensive array of federal resources including a number of pre-designated specialty teams and their pre- positioned caches of equipment. Teams for disaster medical assistance, disaster mortuary,veterinary medical assistance, urban search and rescue, mental health,and many other specialty functions are available. Incident Facilities A. On-Scene Incident Command Post(ICP) A field location at which the primary,tactical-level,on-scene incident command functions are performed. An ICP may be collocated with other incident facilities and is often identified by a green rotating or flashing light. 22 11 B. Local Emergency Operations Center(EOC) Section VI—Incident Action Checklist The EOC is an established location/facility from which organizational staff and officials can receive information pertaining to an incident and The intent of this checklist is to guide your initial actions, help you gather from which they can provide direction, coordination, and support to appropriate incident information, and focus your attention on the issues emergency operations. most critical to your policy role. You will need the information to better assess the situation and formulate your response plan. C. Department Operations Center(DOC) INITIAL STEPS A Department Operations Center (DOC) is a department-level EOC. Activities within a DOC are focused on management and support of the Contact Chief Executive to determine if the Policy Group is being department's resources and coordination with other agency EOCs. activated;determine meeting location if activated D. Fire Operations Center(FOC) Gather personal gear,equipment,supplies Report in accordance with agency procedures A Fire Operations Center(FOC) is a fire district EOC. Activities within a Remember that your role is policy-making and support,not FOC are focused on management and support of the district's resources operational and coordination with other agency EOCs. PERSONAL ISSUES E. 9-1-1 Center Washington County Consolidated Communications Agency(WCCCA) Advise family of destination and means of contact The 9-1-1 Center acts much like an EOC during major emergencies and Take disaster kit with you(see Section VII) disasters. It dispatches public safety resources to incidents according to Take list of important contacts priorities agreed to by the resource owners. When call volume exceeds resource availability, the center must work with local agency EOCs to Take personal tape recorder coordinate response to incidents for which it has no available resources Take identification,checkbook,ATM card,and cash (i.e.,lower priority incidents). Other things to remember F. Joint Information Center(JIC) OPERATIONAL ISSUES A facility established to coordinate all incident-related public information Assess public impacts through brief back from operational staff activities. It is the central point of contact for all news media at the scene of the incident. Public information officials from all participating Assess impacts on the agency's financial status and day-to-day agencies should collocate at the JIC. Multiple JICs may be established activities (e.g.,on scene,county,regional,state)for widespread emergencies. Assess the agency's resource commitment (i.e., facilities activated, G. County Emergency Operations Center(EOC) department resources committed,and overall resource status) Work with the Chief Executive and Policy Group to reassign The county Emergency Management Cooperative (EMC) operates the personnel to support incident activities and cover essential county's Emergency Operations Center (EOC). As the name implies, departmental services officials can receive information pertaining to an incident(s) and from which they can provide direction, coordination, and support to LEGAL ISSUES emergency operations center(s) and coordinates the county's response to emergencies. Representatives from EMC, involved county agencies, _ Determine if legal staff has been assigned to advise the Incident Utilities and response organizations staff the center. The EOC Commander and Policy Group 12 21 deaths. coordinates activities with the state ECC and other state Agency Operations Centers(AOC).One of the county EOC primary activities is to Upon the recommendation of the Oregon State Pubic Health Director,the identify and provide resources to assist local government response and Governor may declare a state of impending public health crisis. recovery operations. Identification of such an impending crisis is likely to arise from information provided by local public health officials and medical H. State Emergency Coordination Center(ECC) providers or from an expanding regional,national,or international public health event. The state Office of Emergency Management (OEM) operates the state's Emergency Coordination Center (ECC). As the name implies, the center Upon the recommendation of the Oregon State Fire Marshal, the coordinates the state's response to emergencies. Representatives from Governor may declare a fire emergency and invoke the Emergency OEM and involved state agencies staff the center. The ECC coordinates Conflagration Act. activities with state Agency Operations Centers (AOC), county EOCs, and, if activated, federal agency emergency centers. One of the ECC's If the resources of the state are insufficient to meet the needs of the primary activities is to identify and provide resources to assist with state incident, the Governor may seek assistance from the President by agency and local government response and recovery operations. submitting a formal request through the Federal Emergency Management Agency. Such a request must include a copy of the I. State Agency Operations Center(AOC) Governor's "State of Emergency" declaration and an Initial Damage Assessment outlining the state's physical and financial impacts and An Agency Operations Center (AOC) is a state agency-level EOC. losses. Activities within an AOC are focused on management and support of the agency's resources and coordination with other AOCs and the state ECC. J. Federal Joint Field Office(JFO) The JFO is a temporary federal facility established locally to provide a central point for federal,state,local,and tribal executives with responsibility for incident oversight,direction,and/or assistance to effectively coordinate protection,prevention,preparedness,response, and recovery actions.The JFO will combine the traditional functions of the Joint Operations Center(JOC),the FEMA Disaster Field Office(DFO), and the Joint Information Center(JIC)within a single federal facility. K.Joint Operations Center(JOC) The JOC is the focal point for all federal investigative law enforcement activities during a terrorist or potential terrorist incident or any other significant criminal incident,and is managed by the Senior Federal Law Enforcement Official.The JOC becomes a component of the Joint Field Office(JFO)when the National Response Plan is activated. L. National Operations Center(NOC) The NOC is the primary,national-level hub for domestic situational awareness,common operational picture,information fusion,information sharing,communications,and coordination pertaining to the prevention of terrorist attacks and domestic incident management. The NOC is the 20 13 primary conduit for the White House Situation Room and the codes or ordinances (e.g., suspension of normal contracting rules). The Department of Homeland Security leadership for domestic situational emergency declaration must specify the time, duration and area awareness. The NOC facilitates information sharing and operational impacted by the incident. coordination with other federal,state,local,tribal,and nongovernmental operation centers and the private sector. If an incident is of such a nature or scope that it exceeds the resources available to a local government, the policy group of the impacted The Emergency Operations System government can declare a disaster and request assistance from the next higher level of government (city/special district to county to state). In When activated, the Emergency Operations System consists of layered and many cases,a local government will declare an emergency and a disaster interconnected field resources, emergency operations centers, and policy and request assistance simultaneously. coordination bodies. When the county receives a declaration and request for assistance from a Field resources work at the direction of the 9-1-1 center, an on-scene city or special district, they are expected to provide direct assistance to Incident Commander, or an agency/organizational Emergency Operations the local government and/or coordinate assistance from other local Center. governments. If assistance is unavailable or inadequate, the county should also declare a disaster and seek assistance from the state. The The 9-1-1 Center (WCCCA) dispatches the fire, law enforcement, and county may declare an emergency and a disaster and seek help from the emergency medical resources provided to it by the county's public safety state without receiving a request from a local government. This is the agencies. They do so in accordance with prescribed policies for emergency process used when the primary incident impacts are in the operations. Unless released to the providing agency or reassigned to a field unincorporated areas of the county. Incident Commander or an EOC, resources assigned to WCCCA continue to be dispatched by WCCCA based on pre-defined call priorities. An agricultural emergency can occur as part of a widespread incident and be included in the disaster declaration of the impacted jurisdiction The county's private ambulance provider dispatches its resources in or it can occur independent of a broader emergency. Such is the case in response to requests from WCCCA. The ambulance company retains direct a severe, but short duration weather event (e.g., freeze) that heavily control of its resources unless that control is released to an on-scene damages crops, but doesn't broadly impact people or infrastructure. Incident Commander. When such an incident occurs, the County Emergency Board (CEB), which consists of local representatives from U.S. Department of Departmental and local agency (city and district) EOCs manage their own Agriculture agencies and other agriculture programs, sends a "Flash resources and operations, support others, and coordinate with the county Report" to state and federal agriculture officials and conducts a formal EOC. damage assessment. If the assessment warrants, the CEB asks the Board of County Commissioners to declare an agriculture emergency and The county EOC manages county government operations and coordinates seek state and federal assistance. with and supports county DOCs. It also coordinates with and supports local government, regional non-governmental organization (e.g., Red Cross), B. The Governor may declare a state of emergency by proclamation at the and business EOCs. The EOC establishes strategic response and recovery request of a county governing body or after determining that an goals, performs strategic resource management, and coordinates incident emergency has occurred or is imminent. All requests by a county and public information. It is also the point of contact(i.e., the gateway) for governing body that the Governor declare an emergency must be sent to all local governments to the state and federal emergency centers. the state Office of Emergency Management. Cities and special districts must submit requests through the governing body of the county in which Businesses and nongovernmental organizations manage their own incident the majority of the city's/district's property is located. Requests from activities and coordinate their actions with local governments from their counties must be in writing and include the following: EOCs. 1. A certification signed by the county governing body that all local At the EOC level (special district, city, and county), a policy coordination resources have been expended;and body exists or will be established to support and facilitate incident 2. A preliminary assessment of property damage or loss, injuries and 14 19 C. The Governor may declare a fire emergency and invoke the Emergency management activities. The Policy Group typically consists of elected Conflagration Act pursuant to ORS 476. Such a declaration gives broad officials and senior agency executives with statutory, regulatory, and/or authority to the Oregon State Fire Marshal to mobilize and deploy financial authorities. The Policy Group coordinates with EOC staff and, structural fire protection resources from throughout the state. among other things, is responsible for implementing emergency authorities, taking regulatory actions necessary to control public actions and facilitate Federal Emergency and Disaster Declarations response and recovery activities, prioritizing the delivery and restoration of government services, and coordinating incident activities with the policy The President and a number of federal agencies are authorized to declare groups of other impacted jurisdictions and senior executives of impacted emergencies or disasters pursuant to statute and regulation. The businesses. presidential declarations are summarized below. When the threshold for a presidential declaration is not met, other federal agencies or departments Tigard's Policy Group such as the Department of Transportation, the Department of Agriculture, Mayor the Natural Resource Conservation Service, and/or the Small Business Council President Administration may declare emergencies and activate specific assistance Councilor 1 programs pursuant to their own authorities. Councilor 2 Councilor 3 A. An "emergency" is any occasion or instance for which, in the City Manager determination of the President, federal assistance is needed to Legal Council supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the Senior City Executives threat of a catastrophe in any part of the United States. Community Development Director Library Director B. A "major disaster" is any natural catastrophe (including any hurricane, Human Resources Director • tornado, storm, high water, wind-driven water, tidal wave, tsunami, Information Technology and Finance Director earthquake, volcanic eruption, landslide, mudslide, snowstorm, or Police Chief drought). Regardless of cause, any fire,flood,or explosion,in any part of Public Works Director the United States, which in the determination of the President causes . Central Services Director damage of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage,loss,hardship,or suffering caused thereby. The Declaration Process A. The local declaration process is a coordinated effort between agency emergency managers, policy group and senior executive staff, the incident management team (field and EOC). It is typically triggered by the results of a damage assessment performed during or immediately after an incident. In the case of widespread and/or catastrophic incidents where the impacts are obvious, the declaration process may occur immediately without waiting for completion of a formal assessment. For small incidents where outside assistance is not required, local policy group (elected officials) will likely be asked to declare an emergency to invoke specific emergency authorities authorized in their jurisdictional 18 15 Section V-Emergency and Disaster Declarations State Emergency Declarations A. The Governor may declare a state of emergency pursuant to ORS 401. Declarations Defined The declaration can be made by proclamation at the request of a county governing body or be made after separately determining that an Local Emergency and Disaster Declarations emergency has occurred or is imminent. A. A "local emergency" or "disaster" exists whenever a jurisdiction or an During a state of emergency,the Governor may: area therein is suffering, or is in imminent danger of suffering, an event • Exercise authority over all state agencies and suspend state orders that may cause injury or death to persons,or damage to or destruction of and rules property to the extent that extraordinary measures must be taken to • Provide temporary housing protect public health, safety, and welfare. A local emergency may also • Control, restrict, and regulate the use, sale, or distribution of food, exist whenever a jurisdiction's resources (people, equipment, and/or feed, fuel, clothing, and other commodities, materials, goods, and facilities) are suffering, or are in imminent danger of suffering, an event services that may injure or damage them. Such an event includes, but is not • Prescribe and direct activities in connection with use, conservation, limited to, the following: fire, explosion, flood, severe weather, drought, salvage,and prevention of waste of materials,services,and facilities earthquake, volcanic activity, spills or releases of oil or hazardous • Assume complete control of all emergency operations in the area material as defined in ORS 466.605, contamination, utility or specified in the emergency proclamation, direct all rescue and salvage transportation emergencies,disease, blight,infestation,civil disturbance, work and do all things deemed advisable and necessary to alleviate riot, sabotage, terrorist attack, and war. A local emergency can be a the immediate conditions small, confined incident such as a landslide or a widespread event such • Assume control of all police and law enforcement activities in such as an earthquake or wind storm. area,including the activities of all local police and peace officers • Close all roads and highways in such area to traffic or limit the travel When a local emergency exists, the affected jurisdiction(s) may declare on such roads to such extent as deemed necessary and expedient both an emergency and a disaster. The declarations can occur • Designate persons to coordinate the work of public and private relief simultaneously or a disaster declaration may follow an emergency agencies operating in such area and exclude from such area any declaration. An emergency declaration is issued to implement specific person or agency refusing to cooperate with and work under such local measures necessary to protect life, public health, or property coordinator or to cooperate with other agencies engaged in emergency and/or to suspend rules or procedures in order to expedite response work operations. A disaster declaration is used to request assistance from the • Require the aid and assistance of any state or other public or quasi- next higher level of government (local/county/state/federal), to include public agencies in the performance of duties and work attendant upon requesting a "state of emergency" declaration from the Governor and the emergency conditions in such area asking the Governor to seek a presidential emergency or major disaster declaration which would initiate actions necessary for local governments B. The Governor may declare a state of impending public health crisis and individuals to receive federal disaster assistance. pursuant to ORS 433.441. An impending public health crisis is a situation where a "threat to the public health is imminent and likely to B. An agricultural emergency exists whenever the local agricultural industry be widespread, life-threatening, and of a scope that requires immediate suffers an event that causes severe physical and/or production losses. medical attention." Such a declaration gives power to the Oregon An agricultural emergency may affect a small geographic area or single Department of Human Services to order, authorize, and adopt reporting agricultural sector or impact a larger geographic area and involve requirements, diagnostic and treatment protocols, public health multiple agricultural sectors. measures including temporary isolation and quarantine, and other reasonable administrative actions, and to impose civil penalties for noncompliance. 16 17 City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Ordinance(s) T I G A R D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, 14 t(j ac rej &Lin (J/ , being first duly sworn, by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) f 7'.- e, , which were,readopted at the City Council meeting of Z?C 1-1 fi- 0 l c i , on the )(717-"1-= day of --I--e ken."1 001. , 20_ 11 . 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon k-e—Le.4___ at/CA.0 '6 ,e Signature of Pon who Per 4rm:i Posting Subscribed and sworn before me this.D1.54-day of r-j--C L. , 20/i by k '((y QLoa Oy h e_ i"' OFFICIAL STAMP ‘-&' ' ,/i t Cri°� CAROL ANN KRAGER TARY PUBLIC- y-r C y OOMMISSION NO.g78GON Notary Public—State of Ore MY COMMISSION EXPIRES JIM" r !+ OFFICIAL STAMP ,:i k CAROL ANN KRAGER ' ' NOTARY PUBLIC-OREGON +; COMMISSION NO.975701 I:\ADM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC MY COMMISSION EXPIRES JUNE 18,2022