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State of Oregon - DCLD ~ IG203004 ~ Housing Needs Analysis STATE OF OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT A 2019-2021 HB 2001 & HB 2003 PLANNING ASSISTANCE GRANT AGREEMENT COVER SHEET This cover sheet is informational and nota part of theagreement Offer Date: June 30, 2020 Grantee Grant No. TA-21-244 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Project Title: HB 2003 Housing Needs Analysis Grantee Representative DLCD Grant Manager Schuyler Warren, Senior Planner Anne Debbaut 503-718-2437 503-725-2182 schuylerw&ti_ar�gov anne.debbautnstate.or.us GRANT AMOUNT: $42,000 CLOSING DATE: May 31, 2021 Last day to amend agreement: March 1, 2021 Signature Grantee shall return a signed agreement to DLCD by e-mail within thirty(30) days of the Offer Date. If not signed and returned without modification by Grantee within thirty(30) days of the Offer Date, the DLCD Grant Program Manager may terminate this offer of the grant award. Upon receipt of the Agreement signed by Grantee, the DLCD Grant Program Manager shall sign and return a digital copy of the signed document via e-mail. List of Products Preliminary report: Project staff with contact information, advisory committee membership, and refinement of scope by one month after contract is signed(Project Requirement 8) Si ng ed agreement: between the Grantee and consultant, no later than three business days after both parties have signed the agreement. (Project Requirement 7) Task 1: Kick-off Task 2: Housing Needs Production Task 3: Buildable Lands Inventory Task 4: Residential Lands Needs Analysis Task 5: Legislative Recommendations Report Task 6: Plan Adoption Grantee and the consultant will provide all draft and final Products, including memos, reports, and maps produced by this grant agreement in a digital media format. The term"digital media"means a compact disc, digital video disc, USB flash drive, e-mail, or FTP submittal authorized by DLCD. STATE OF OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 2019-20211-113 2001 &HB 2003 PLANNING ASSISTANCE GRANT AGREEMENT DLCD Grant Number: TA-21-244 City of Tigard This agreement ("Agreement") is made and entered into by and between the State of Oregon, acting by and through its Department of Land Conservation and Development, hereinafter referred to as "DLCD," and City of Tigard, hereinafter referred to as "Grantee," and collectively referred to as the "Parties." 1. Effective Date and Availability of Grant Funds. This Agreement is effective on the date on which every party has signed this Agreement and all required State approvals have been obtained ("Effective Date"). Grant Funds under this Agreement are available for eligible costs as defined in Sections 4 and 6 incurred beginning on the Effective Date and ending on the earlier of the termination of this Agreement or the Project End Date provided in Attachment A. DLCD's obligation to disburse Grant Funds under this Agreement ends 60 days after the earlier of termination of this Agreement or the Project End Date. 2. Agreement Documents. The Agreement consists of this agreement (without any attachments) and the following Attachments, all of which are attached hereto and incorporated by reference: Attachment A: HNA Project Description and Budget Attachment B: DLCD Contact Names and Addresses Attachment C: Request for Product Reimbursement Form and Instructions Attachment D: Form 1,Notice of Proposed Change (35-day Notice) Attachment E: Form 2,Notice of Adopted Change In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows: this Agreement without Attachments; Attachments as listed, in descending order of precedence. 3. Grant Funds. The maximum, not-to-exceed, grant amount that the DLCD will pay to Grantee is $42,000 (the "Grant Funds"). Disbursements will be made only in accordance with the schedule and requirements contained in this Agreement, including Attachment A. 4. Project. The Project is described in Attachment A. Grant Funds may be used solely for the Project described in Attachment A and may not be used for any other purpose. No Grant Funds will be disbursed for any changes to the Project unless such changes are approved by DLCD by amendment pursuant to Section 9 hereof. Grantee agrees to implement the Project in accordance with the terms and conditions of this Agreement and complete the Project no later than the Project End Date. 5. Reports. Grantee shall submit the reports required by this section to the DLCD Grant Manager and Grants Administrative Specialist in writing by personal delivery, e-mailing, or mailing at the address or number set forth in Attachment B or to such other addresses or numbers as DLCD may specify by notice to Grantee in accordance with Section 8 hereof. Department of Land Conservation and Development Page 1 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 a. Progress Reports. Grantee will submit a written status report at the request of the DLCD Grant Manager or as required in the Project Requirements in Attachment A. b. Financial Reimbursement Reports. In order to receive reimbursement, Grantee must submit to DLCD requests for reimbursement of eligible costs incurred in producing Product(s), as provided in Attachment A, on the form provided in Attachment C. Grantee shall submit a closeout report to DLCD within 30 days after the termination of the Agreement or the Project End Date, whichever is earlier. Reimbursements for products will be reduced or withheld if Progress or Closeout Reports have not been timely submitted or are incomplete. 6. Disbursement and Recovery of Grant Funds. a. Disbursement Generally. DLCD will disburse the Grant Funds as reimbursement for eligible costs incurred to produce Products in carrying out the Project,up to the amount provided in Section 3, and subject to the timelines and limits for each Task, as specified in Exhibit A. Grantee may request a reimbursement after completion of a Product. Reimbursements will be made by DLCD within 30 days of DLCD's approval of a request for reimbursement. Eligible costs are the reasonable and necessary costs incurred by Grantee, during the period specified in Section 1, in performance of the Project and that are not excluded from reimbursement by DLCD, either by this Agreement or by exclusion as a result of financial review or audit. b. Conditions Precedent to Disbursement. DLCD's obligation to disburse Grant Funds to Grantee is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: i. DLCD has received funding, appropriations, limitations, allotments or other expenditure authority sufficient to allow DLCD, in the exercise of its reasonable administrative discretion, to make the disbursement. ii. Grantee is in compliance with the terms of this Agreement. iii. Grantee's representations and warranties set forth in Section 7 hereof are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. iv. Grantee has provided to DLCD a request for reimbursement in accordance with Section 5.b hereof. Grantee must submit its final request for reimbursement no later than 30 days after the earlier of termination of this Agreement or the Project End Date. Grantee will not disburse Grant Funds in response to reimbursement requests submitted after that date. 7. Representations and Warranties of Grantee. Grantee represents and warrants to DLCD as follows: a. Organization and Authority. Grantee is duly organized and validly existing under the laws of the State of Oregon and is eligible to receive the Grant Funds. Grantee has full power, authority, and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Grantee of this Agreement(1)have been duly authorized by all necessary action of Grantee and (2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or Department of Land Conservation and Development Page 2 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 other administrative agency or any provision of Grantee's organizational documents, (3) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Grantee of this Agreement. b. Binding Obligation. This Agreement has been duly executed and delivered by Grantee and constitutes a legal, valid and binding obligation of Grantee, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. The warranties set in this section are in addition to, and not in lieu of, any other warranties set forth in this Agreement or implied by law. 8. Notices. Except as otherwise expressly provided in this Agreement, any notices to be given hereunder shall be given in writing by personal delivery, e-mailing, or mailing the same by registered or certified mail,postage prepaid, to the Grantee's Grant Representative or DLCD's Grant Manager, as the case may be, at the address or number set forth in Attachment B, or to such other addresses or numbers as either party may indicate pursuant to this section. Any notice delivered by e-mail shall be effective on the day the party receives the transmission if the transmission was during normal business hours of the receiving party, or on the next business day if transmission was outside normal business hours of the receiving party. Any notice given by personal delivery shall be effective when actually delivered. Any notice given by mail shall be effective three days after deposit in the mail. 9. Amendments. The terms of this Agreement will not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by the Parties (or in the case of a waiver, by the party against whom the waiver is sought to be enforced). If the Grantee wishes to amend the Agreement, the Grantee must submit a written request, including a justification for any amendment, to the DLCD Grant Manager at least 90 calendar days before the Project End Date. 10. Default. Reimbursements to Grantee may be withheld or reduced if DLCD determines that Project performance under this Agreement is unsatisfactory, or if one or more terms or conditions of this Agreement have not been met. The amount of Grant Funds withheld will be based on the best professional judgment of the DLCD Grant Manager and Grant Program Manager. 11. Ownership of Product(s). a. Definitions.As used in this Section 11 and elsewhere in this Agreement,the following terms have the meanings set forth below: i. "Grantee Intellectual Property"means any intellectual property owned by Grantee and developed independently from the Project. ii. "Third Party Intellectual Property"means any intellectual property owned by parties other than DLCD or Grantee. iii. "Product(s)"means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Grantee is Department of Land Conservation and Development Page 3 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 required to deliver to DLCD or create pursuant to the Project, including but not limited to any Product(s) described in Attachment A. b. Non-Exclusive License. Grantee hereby grants to DLCD,under Grantee Intellectual Property and under intellectual property created by Grantee pursuant to the Project, an irrevocable,non- exclusive,perpetual,royalty-free license to use,reproduce,prepare derivative works based upon, distribute copies of,perform and display the Product(s) for governmental purposes, and to authorize others to do the same on DLCD's behalf If a Product(s) created by Grantee pursuant to the Project is a derivative work based on Third Parry Intellectual Property, or is a compilation that includes Third Party Intellectual Property, Grantee shall secure on DLCD's behalf and in the name of DLCD an irrevocable,non-exclusive,perpetual,royalty-free license to use,reproduce, prepare derivative works based upon, distribute copies of,perform and display, for governmental purposes,the pre-existing elements of the Third Parry Intellectual Property employed in the Product(s), and to authorize others to do the same on DLCD's behalf. If a Product(s)is Third Party Intellectual Property, Grantee shall secure on DLCD's behalf and in the name of DLCD, an irrevocable,non-exclusive,perpetual,royalty-free license to use,reproduce,prepare derivative works based upon, distribute copies of,perform and display, for governmental purposes,the Third Party Intellectual Property, and to authorize others to do the same on DLCD's behalf. 12. Indemnity. a. GENERAL INDEMNITY. SUBJECT TO THE LIMITS OF THE OREGON CONSTITUTION AND STATE OF OREGON TORT CLAIMS ACT, IF APPLICABLE TO GRANTEE, GRANTEE SHALL INDEMNIFY,DEFEND AND HOLD HARMLESS DLCD, THE STATE OF OREGON AND THEIR AGENCIES, SUBDIVISIONS, OFFICERS,DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY FEES,ARISING OUT OF, OR RELATING TO THE ACTS OR OMISSIONS OF GRANTEE OR ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS UNDER THIS AGREEMENT. b. CONTROL OF DEFENSE AND SETTLEMENT. GRANTEE SHALL HAVE CONTROL OF THE DEFENSE AND SETTLEMENT OF ANY CLAIM THAT IS SUBJECT TO SECTIONS 12.a; HOWEVER,NEITHER GRANTEE NOR ANY ATTORNEY ENGAGED BY GRANTEE SHALL DEFEND THE CLAIM IN THE NAME OF THE STATE OF OREGON OR ANY AGENCY OF THE STATE OF OREGON,NOR PURPORT TO ACT AS LEGAL REPRESENTATIVE OF THE STATE OF OREGON OR ANY OF ITS AGENCIES, WITHOUT FIRST RECEIVING FROM THE OREGON ATTORNEY GENERAL, IN A FORM AND MANNER DETERMINED APPROPRIATE BY THE ATTORNEY GENERAL, AUTHORITY TO ACT AS LEGAL COUNSEL FOR THE STATE OF OREGON. NOR SHALL GRANTEE SETTLE ANY CLAIM ON BEHALF OF THE STATE OF OREGON WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL. THE STATE OF OREGON MAY, AT ITS ELECTION AND EXPENSE, ASSUME ITS OWN DEFENSE AND SETTLEMENT IN THE EVENT THAT THE STATE OF OREGON DETERMINES THAT GRANTEE IS PROHIBITED FROM DEFENDING THE STATE OF OREGON, OR IS NOT ADEQUATELY DEFENDING THE STATE OF OREGON'S INTERESTS, OR THAT AN IMPORTANT GOVERNMENTAL PRINCIPLE IS AT ISSUE AND THE STATE OF OREGON DESIRES TO ASSUME ITS OWN DEFENSE. 13. Recovery of Grant Moneys.Any Grant Funds disbursed to Grantee under this Agreement that are expended in violation or contravention of one or more of the provisions of this Agreement ("Misexpended Funds") or that remain unexpended on the earlier of termination of this Agreement or Department of Land Conservation and Development Page 4 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 the Project End Date must be returned to DLCD. Grantee shall return all Misexpended Funds to DLCD promptly after DLCD's written demand and no later than fifteen(15) days after DLCD's written demand. Grantee shall return all Unexpended Funds to DLCD within fifteen(15) days after the earlier of termination of this Agreement or the Project End Date. 14. Termination: a. DLCD's Right to Terminate at its Discretion.At its sole discretion, DLCD may terminate this Agreement: i. For its convenience upon thirty(30) days' prior written notice by DLCD to Grantee; ii. Immediately upon written notice if DLCD fails to receive funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to allow DLCD, in the exercise of its reasonable administrative discretion, to continue to make disbursement under this Agreement; or iii. Immediately upon written notice if federal or state laws, regulations, or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement. b. DLCD's Right to Terminate for Cause. In addition to any other rights and remedies DLCD may have under this Agreement, DLCD may terminate this Agreement immediately upon written notice by DLCD to Grantee, or at such later date as DLCD may establish in such notice, after the occurrence of any of the following events: i. Grantee is in default because Grantee institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; ii. Grantee is in default because Grantee commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform any of its obligations under this Agreement within the time specified herein or any extension thereof, or so fails to pursue its work hereunder as to endanger Grantee's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within fourteen (14) calendar days after DLCD's notice, or such longer period as DLCD may specify in such notice. c. Grantee's Right to Terminate for Cause. Grantee may terminate this Agreement by written notice to DLCD if DLCD is in default because DLCD fails to pay Grantee any amount due pursuant to the terms of this Agreement, and DLCD fails to cure such failure within thirty(30) calendar days after Grantee's notice or such longer period as Grantee may specify in such notice; or d. Termination under Section 14 shall be without prejudice to any claims, obligations, or liabilities either party may have incurred prior to such termination. 15. Accounting and Fiscal Records: Grantee shall maintain its fiscal records related to this Agreement in accordance with generally accepted accounting principles. The Grantee shall maintain records of the receipt and expenditure of all funds subject to this Agreement for a period of six (6) years after the Project End Date, or for such longer period as may be required by applicable law or until the conclusion of any audit, controversy or litigation arising out of or related Department of Land Conservation and Development Page 5 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 to this Agreement, whichever date is later. Accounting records related to this Agreement will be separately maintained from other accounting records. 16. Governing Law,Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding(collectively, "Claim")between DLCD(or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County in the State of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. Each party hereby consents to the exclusive jurisdiction of such court,waives any objection to venue, and waives any claim that such forum is an inconvenient forum. 17. Audit. The Oregon Secretary of State, Attorney General of the State of Oregon and the Director of DLCD or any other duly authorized representative of DLCD shall have access to and the right to examine any records of transactions related to this Agreement for six (6) years after the final disbursement of Grant Funds under this Agreement is authorized by DLCD. 18. Counterparts. This Grant Agreement may be executed in any number of counterparts, and any single counterpart or set of counterparts signed, in either case,by all the parties hereto shall constitute a full and original instrument, but all of which shall together constitute one and the same instrument. 19. Survival. All agreements, representations, and warranties of Grantee shall survive the execution and delivery of this Agreement, any investigation at any time made by DLCD or on its behalf and the making of the Grant. 20. Successors and Assigns. Recipient may not assign this Agreement or any right hereunder or interest herein, in whole or in part, without the prior written consent of DLCD. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective permitted successors and assigns. 21. Validity and Severability. If any provision of this Agreement is held to be invalid, such event shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement and the remainder shall be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision. 22. Relationship of the Parties.Nothing contained in this Agreement or any acts of the parties hereto shall be deemed or construed to create the relationship of principal and agent, or of partnership, or of joint venture or of any other association other than that of independent contracting parties. 23. No Third Party Beneficiary Rights.No person not a party to this Agreement is an intended beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. 24. By signing this Agreement the Parties each represents and warrants that it has the power and authority to enter into this Agreement and that the Agreement is executed by its duly authorized representative. By signing the document, Grantee agrees to comply with the terms of this Agreement. Department of Land Conservation and Development Page 6 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Grantee: City of Tigard Grant No.TA-21-244 Print Name of Authorized Official For the Grantee Title Date Marty Wine City Manager 7/7/2020 Signature of Authorized Official For the Grantee Grantor: State of Oregon, acting by and through its Department of Land Conservation and Development Print Name of DLCD Grant Program Manager Title Date Gordon Howard Community Services Division Manager 7/9/2020 Signature of DLCD Grant Program Manager Department of Land Conservation and Development Page 7 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Attachment A HOUSING NEEDS ANALYSIS PROJECT DESCRIPTION AND BUDGET PROJECT PURPOSE STATEMENT The City of Tigard will update its Housing Needs Analysis (HNA). PROJECT OVERVIEW AND MANAGEMENT Overall management of the Project will be the responsibility of the Grantee as assisted by the DLCD Grant Manager. Specific Project management duties of Grantee will include: a. Organizing and managing the advisory committee; b. Selecting a consultant and contracting for consultant services; c. Overseeing consultant work described in this Project Description; d. Scheduling and managing meetings, including activities such as, preparing and distributing meeting notices, agendas, and summaries; and assisting the consultant with meeting facilitation. Advisory Committees The Project will employ a technical advisory committee (TAC) composed of local government and state agency staff and others identified by the TAC. The role of the TAC is to review Project materials and advise on technical issues throughout the project. This TAC will be composed of representatives from the Department of Land Conservation and Development, Metro, Washington County, City of Beaverton, City of Sherwood, King City, Tigard-Tualatin School District, Beaverton School District, Clean Water Services, Tigard Water District, Tualatin Valley Fire and Rescue, Oregon Department of Transportation, Tualatin River Keepers, and others as needed. Additional representatives from other affected agencies and organizations may serve as recommended by TAC members. This TAC will be convened as part of the city's concept planning for River Terrace West and South. Review of the HNA products will be part of the TAC's responsibilities during one or more meetings. The TAC will meet on a regular basis to review technical analysis and recommendations prepared by Tigard staff and the consultant. Individual TAC members will be responsible for communicating with officials from their respective jurisdictions and to assure that policy issues are incorporated into technical work at the appropriate time and in the most effective way. The Project will not use a policy advisory committee. Instead, members of the TAC will be responsible for reviewing technical analysis with their respective planning commissions and elected officials. TAC members must also inform other Project participants (TAC, consultant, agency Contract administrator) of policy issues and implications raised by local decision-makers that may affect the technical analysis or assumptions used in the analysis. The project will use a community advisory committee (CAC) composed of stakeholders in the local community, including residents,property owners, housing advocates, and others. This CAC will be convened as part of the city's concept planning for River Terrace West and South. Review of the HNA products will be part of the CAC's responsibilities during one or more meetings. Department of Land Conservation and Development Page 8 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Agency Role DLCD will provide financial, administrative and technical assistance to the Project. DLCD supports the collaborative, approach envisioned in the Project and agrees to work equally and fairly with each jurisdiction to help assure that state and local interests are optimized. Consultant Role The Project will use consultant services to perform technical analysis related to a housing needs analysis. The consultant is expected to provide deliverables in accordance with the scope provided below, in coordination with the city's project manager and with input from DLCD staff. The consultant is expected to attend regular meetings of the TAC and CAC and to assist local planning staff in presentations to planning commissions and elected officials. Project Meeting Materials Written Project documents or memoranda prepared by the consultant shall be provided to Grantee in digital format at least one week prior to any scheduled TAC and CAC meeting. Consultant shall prepare meeting agendas and summaries for each TAC and CAC meeting. Grantee shall distribute meeting materials to project committee members at least five (5) working days prior to any scheduled meeting. Project Schedule The schedule identified in"Schedule, Products, and Budget" section of this Project Description will be observed. DLCD may require an amendment to this Agreement if the timeframes in the schedule are not satisfied. The Project End Date is May 31, 2021. Expectations for All Written and Graphic Products All reports and Products will be delivered to the DLCD Grant Manager according to the schedule provided in this Project Description. All reports, studies, and other documents produced under the Project must bear the statement in Project Requirement 3, below. Grantee and the consultant will provide all draft and final Products, including memos, reports, and maps produced by this Agreement in a digital media format. The term"digital media"means a compact disc, digital video disc, USB flash drive, e-mail, or FTP submittal authorized by DLCD. PROJECT REQUIREMENTS Grantee agrees to carry out the Project and submit Products in accordance with the requirements in this section. 1. Grantee will produce and submit to DLCD those Products as specified in this Agreement and this Project Description and Budget. 2. Grantee will provide copies of all final Product(s)produced under this Agreement to DLCD in the manner described in this Project Description. 3. All reports, studies, and other documents produced under the Project must indicate on the cover or the title page an acknowledgement of the financial assistance provided by DLCD by bearing the following statement: "This project is funded by Oregon general fund dollars through the Department of Land Conservation and Development Page 9 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Department of Land Conservation and Development. The contents of this document do not necessarily reflect the views or policies of the State of Oregon." 4. Grantee will identify the location of the originals of any Product(s) if a copy is submitted to DLCD or if the product is one-of-a-kind document. 5. Grantee will provide all letters, memos, reports, charts, products and maps produced under this Agreement in a digital media format. 6. Grantee will obtain DLCD approval of any chosen facilitator, contractor, or consultant before signing an agreement or contract to perform all or a portion of the Project. 7. Grantee will provide a legible copy of the signed agreement between the jurisdiction and the contractor no later than three business days after both parties have signed the agreement. 8. Grantee will complete the following by one month after contract is signed: a. Identify the name, address, telephone number, and e-mail address of those persons who will be completing the project and which of tasks listed under the Project Description for this Agreement they will work on. b. Identify the name, address, telephone number, and e-mail address of those persons who are members of the PAC or other committee formed to carry out work on this Agreement. c. List the steps that will be taken to complete each Task and any Product(s) delivered in connection with the Task(s). 9. Grantee will, in performing the Project under this Agreement, ensure consistent, coordinated use of population, employment, housing, and land needs projections associated with the following activities: (1)the periodic review work programs and related tasks; (2) the transportation system plans being prepared pursuant to OAR 660-012-0000; (3) any post-acknowledgment plan and land use regulation amendments proposed by the Grantee. 10. Any final product must be proposed under Attachment D, Form 1, "Notice of Proposed Change," at least 35 days before the first evidentiary hearing as set forth in ORS 197.610 and OAR 660-018- 0020, -0021, and-0022. The products must be adopted by the governing body and submitted under Attachment E, Form 2, "Notice of Adoption" as set forth in ORS 197.615 and OAR 660-018-0040. 11. Grantee will consult closely with the DLCD Grant Manager to ensure that adoption of Product(s) under the post-acknowledgment plan amendment process is completed on or before the Project End Date. 12. A draft Product may be accepted for approval instead of an adopted Product when requested in writing and received in the DLCD Salem office at least 60 days prior to Project End Date. The request will be reviewed and approved in writing by DLCD if substantial progress has been made toward adoption and adoption is scheduled to occur on or before the date that is 120 days after the Project End Date. 13. Any final draft product(e.g., ordinances, maps, websites, databases, supporting documents, and photographs) shall be a hearings-ready draft. Department of Land Conservation and Development Page 10 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 14. Any notice issued by Grantee that is eligible for reimbursement under ORS 227.186—Notice to city property owners for costs incurred for Measure 56—is not reimbursable under this Agreement. 15. Any notice issued by Grantee that is eligible for reimbursement under ORS 215.503 —Notice to county property owners for costs incurred for Measure 56—is not reimbursable under this Agreement. 16. Grantee will coordinate and provide notice to DLCD, affected agencies, County, and other agencies and organizations of public meetings, workshops, work sessions, and hearings to develop, review or approve products prepared under this Agreement. 17. Grantee will consult with the DLCD Grant Manager in the development of Products and provide an opportunity for timely review of all draft Products. 18. Grantee will submit a written status report at the request of the DLCD Grant Manager at any time outside of the payment schedule in addition to the reports submitted with Attachment C. 19. DLCD will provide no more than one interim payment before the Project End Date and a final payment. Payments will be made only upon submittal of qualifying Product(s) and progress report(s) in accordance with the terms of this Agreement and Attachment C. The report(s) must describe the progress to date on each Task(s) or Product(s)undertaken during the billing period. Other written or verbal progress reports will be provided upon reasonable request by the DLCD Grant Manager. 20. Payments under this Agreement may be reduced if Product(s) scheduled to be completed are not completed by the timeline provided in the Project Description. DLCD's payment obligations under this Agreement are conditioned upon DLCD receiving funding, appropriations, limitations, allotments or other expenditures authority sufficient to allow DLCD in the exercise of its reasonable administrative discretion, to meet its payment obligations under this Agreement. 21. Grantee will not use or charge grant funds provided under this Agreement for consultant(s)trip expense(s), lodging, or any other expense submitted by consultant(s), except for the initial consultant(s)trip to Grantee. Grantee may use grant funds to pay for Product(s)produced by consultant(s). 22. Grantee will not use grant funds provided under this Agreement for any regularly scheduled or other scheduled meetings and hearings. Grantee must use its own funds, or in-kind contributions for all regularly scheduled or other scheduled meetings and hearings. GIS Requirements 23. If a new comprehensive map or zoning map is created or an existing map is revised or updated, the Product(s) must be submitted in an electronic form compatible with Environmental Systems Research Institute's (ESRI) file formats (coverage, shapefile or geodatabase). 24.Geospatial data should be free of topological errors and metadata must comply with the current State of Oregon Metadata Standards accessible at http://www.oregon.gov/geo/Pages/standards.aspx, "Oregon GIS Data Standards and Best Practices." The projection of the data may be determined by the jurisdiction. All data should have the projection defined with the dataset and must be documented in the metadata. Department of Land Conservation and Development Page 11 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 25. DLCD may display appropriate Product(s) on its web interface including corporate GIS data generated under this Agreement and any additional data provided that is not specifically restricted into state agency databases, acknowledging that Grantee and agents of Grantee are not responsible for the accuracy of such data. DLCD may also share the data specifically generated under this Agreement with other agencies and organizations, as this is data that DLCD owns as Product(s) under Grant Agreement Section 11. 26. If GIS capability is not available to the Grantee, map Product(s) on digital media will be accepted with the written approval of the DLCD Grant Manager. SCHEDULE, PRODUCTS, AND BUDGET Pre-Task Submittals The contract in Project Requirement 7 and the report in Project Requirement 8 in this Project Description and Budget will be submitted. Pre-Task Timeline: By the dates specified in those requirements. Pre-task report budget: $0 Task 1: Proiect Kick-Off The city has already issued a Request for Proposals for services that includes a Housing Needs Analysis. A consultant is likely to be selected by the end of May. Upon signing of an Intergovernmental Agreement, the city will coordinate with DLCD to issue a contract amendment with the consultant to modify the HNA to meet the following workplan and add the Housing Market Analysis work. After Contract After contract amendment, the city will hold a kick-off meeting for the HNA and Housing Market Analysis. At this time, the city will provide additional direction for the consultant, refine the project objectives and schedule, and outline the city and DLCD's expectations for project milestones and reporting. Working in collaboration with the city and staff from DLCD in order to meet the goals for each, the consultant will incorporate refinements to the key questions and methodology for the Housing Market Analysis portion of the project. Task 1 Products: Consultant Deliverables: • Summary of major tasks and action items for the project • Proposed project schedule and milestones City Deliverables: • Background documents, including relevant comprehensive plan and code sections; permit and housing data to support the HNA, GIS data as needed. Task I Timeline: July I to July 31, 2020 Task 1 budget: $4,380 Department of Land Conservation and Development Page 12 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Task 2: Housing Needs Proiection The consultant will prepare a draft housing needs projection consistent with OAR chapter 660, division 8. This housing needs projection will be used to determine the City's residential land needs in Task 5. This analysis will provide a breakdown of housing need by type and size. This analysis will also take into account the needs for housing in different income bands, with a particular focus on bands below 80% of the area median income. Although the city does not regulate housing tenure, a high-level analysis of the relative need for housing for sale or rent will also be performed. This information may inform future policy unrelated to land use that can incent production of housing types and tenures that are being underproduced in the market. The housing needs projection will be conducted in consultation with the Community Advisory Committee and be informed by the Housing Market Analysis,particularly the expected housing type and size needs. The Community Advisory Committee meeting will most likely need to be held in a virtual environment given current social distancing requirements. The city will work with the consultant and one or Community-Based Organizations to implement an approach that is equitable and accessible. Task 2 Products: Consultant Deliverables: • Draft housing needs projection • Notice content and outreach materials • Presentation materials for Community Advisory Committee, the public, and interest groups City Deliverables: • Organize and convene Community Advisory Committee • Meeting notices and outreach Task 2 Timeline: July 31, 2020 to August 31, 2020 Task 2 budget: $6,920 Task 3 —Draft Buildable Lands Inventory The consultant will prepare a draft inventory of buildable land consistent with OAR chapter 660, division 8. This inventory will be used to determine Tigard's need for residentially- zoned land in Task 5. The BLI should consider locational advantages and the potential for transit-oriented development, transit-supportive development, and the city's goals to promote mixed uses and walkability as factors in determining the relative value and capacity of buildable lands to meet the needs of the city's current and future residents. The draft BLI will be presented and discussed at one or more of the Community Advisory Committee meetings; the results of this discussion may be used to refine any assumptions made prior to completing the final BLI. Dependent on the climate for public meetings at the time, the Community Advisory Committee meeting may need to be held in a virtual environment given current social distancing requirements. The city will work with the consultant and one or more Community-Based Organizations to implement an approach that is equitable and accessible. Task 3 Products: Consultant Deliverables: • Draft BLI Department of Land Conservation and Development Page 13 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 • Notice content and outreach materials • Presentation materials for Community Advisory Committee, the public, and interest groups • Community Advisory Committee meeting notes City Deliverables: • Community Advisory Committee meeting notices and agendas • Meeting notices and outreach Task 3 Timeline:August 15, 2020 to October 31, 2020 Task 3 budget: $7,700 P1 —Interim Payment Reimbursement up to $19,000 upon submittal of pre-task reports and the Product(s) listed in Tasks 1- 3. Submit Product(s) and a signed Attachment C, Request for Reimbursement Form on digital media to the Grant Manager and the Grant Administrative Specialist to the e-mail addresses listed in Attachment B, DLCD Contact Information. Task 4—Residential Land Needs Analysis Based on the results of the Housing Needs Projection, the Housing Market Analysis, and the Buildable Lands Inventory, the consultant will prepare a draft Residential Land Needs Analysis summarizing the findings of each and presents an approach to provide for those needs based on the expected market split for housing needs. This analysis will provide detailed breakdowns of the need for housing based on type, size, tenure, and cost. The demand for all housing should be compared with the supply of buildable lands, with appropriate weight given to the factors outlined in Task 4. Based on this analysis, the consultant will prepare a preliminary list of recommendations to be fully developed in Task 6 for any zoning changes or annexations needed to accommodate housing needs. The draft Residential Land Needs Analysis will be presented and discussed at one or more of the Community Advisory Committee meetings; the results of this discussion may be used to refine any assumptions made prior to completing the final Residential Land Needs Analysis. Dependent on the climate for public meetings at the time, the Community Advisory Committee meeting may need to be held in a virtual environment given current social distancing requirements. The city will work with the consultant and one or more Community-Based Organizations to implement an approach that is equitable and accessible. Task 4 Products: Consultant Deliverables: • Draft Residential Land Needs Analysis • Notice content and outreach materials • Presentation materials for Community Advisory Committee meeting, the public, and interest groups • Community Advisory Committee meeting notes City Deliverables: • Community Advisory Committee meeting notices and agendas • Meeting notices and outreach Task 4 Timeline:November 1, 2020 to December 15, 2020 Task 4 budget: $10,000 Department of Land Conservation and Development Page 14 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Task 5—Legislative Recommendations Report Concurrent with the analysis performed in Task 5, the consultant will create a report that identifies options for meeting the city's housing needs identified in Task 5 through comprehensive plan and land use regulations, including updates to policies, development code updates, and annexations. The report will also identify measures, incentives,policies, and programs the City can implement to support the development of the needed balance of housing costs and tenure types, including regulated affordable housing. The draft Legislative Recommendations Report will be presented and discussed at one or more of the Community Advisory Committee meetings; the results of this discussion may be used to refine any assumptions made prior to completing the final Legislative Recommendations Report. Dependent on the climate for public meetings at the time, the Community Advisory Committee meeting may need to be held in a virtual environment given current social distancing requirements. The city will work with the consultant and one or more Community-Based Organizations to implement an approach that is equitable and accessible. Task 5 Products: Consultant Deliverables: • Legislative Recommendations Report that includes • Policy changes in the comprehensive plan • Amendments to the Community Development Code • Updates to the city's Affordable Housing Plan to support the development of projected regulated affordable housing needs • Notice content and outreach materials • Presentation materials for Community Advisory Committee meeting, the public, and interest groups • Community Advisory Committee meeting notes • Final draft hearings-ready HNA that includes: • Executive Summary • Final versions of the reports from Tasks 2-6 • Appendices that collate all other relevant materials. City Deliverables: • Community Advisory Committee meeting notices and agendas • Meeting notices and outreach Task 5 Timeline: December 15, 2020 to February 28, 2021 Task 5 budget: $10,000 Task 6—Plan Adoption The final task is led by the city with support from the consultant. City staff will facilitate all required noticing and public hearings before the Tigard Planning Commission and City Council to adopt the Housing Needs Analysis and related amendments to the city's Comprehensive Plan. The City Council will also hear updates to the city's Affordable Housing Plan in accordance with the recommendations included in Task 6. Department of Land Conservation and Development Page 15 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 City staff will prepare the staff report, with review and input provided by the consultant. City staff and consultant will co-present the final report and findings and conclusions at two public hearings, one before the Planning Commission and one before the City Council. Submit 35-day notice. Prepare and submit hearings-ready Products from Task 6 online at https://db.lcd.state.or.us/PAPA_Online/Account/Login?RetumUrl=%2fPAPA_Online, or via e-mail with Attachment D, Form 1 DLCD Notice of Proposed Change to a Comprehensive Plan or Land Use Regulation, and at least 35 days before first evidentiary hearing. If the notice is submitted online, send an e-mail to the Grants Administrative Specialist listed in Attachment B, DLCD Contact Information providing notification of the submittal. If submitting via e-mail, send Task 3 Product(s) in a digital media format to the Grants Administrative Specialist listed in Attachment B, DLCD Contact Information, and to the Plan Amendment Specialist at the e-mail address specified in Attachment D, Form 1 DLCD Notice of Proposed Change to a Comprehensive Plan or Land Use Regulation. Submit Notice of Adoption. Prepare and submit signed ordinance(s) adopting the Products from Task 6 online at https://db.lcd.state.or.us/PAPA_Online/Account/Login?ReturnUrl=%2fPAPA Online, or via e-mail with Attachment E, Form 2 Notice of Adopted Change to a Comprehensive Plan or Land Use Regulation, according to the instructions on the form. If the notice is submitted online, send an e- mail to the Grants Administrative Specialist listed in Attachment B, DLCD Contact Information providing notification of the submittal. If submitting via e-mail, send the notice on digital media to the Grants Administrative Specialist listed in Attachment B, DLCD Contact Information, and to the Plan Amendment Specialist at the e-mail address specified in Attachment E, Form 2 Notice of Adopted Change to a Comprehensive Plan or Land Use Regulation. Task 6 Products: Consultant Deliverables: • Review and comments on staff report for Housing Needs Analysis and amendments to Comprehensive Plan • Co-presentation of report and findings at Planning Commission and City Council hearings. City Deliverables: • Public hearing notices and agendas; • Staff report • Co-presentation of findings • Signed adoption ordinance Task 6 Timeline: February 1, 2021 to May 31, 2021 Task 6 budget. $3,000 Final Payment Reimbursement of up to $23,000 and the balance of previously unused grant funds from P 1 upon submittal of Product(s) listed in Tasks 4-6. Submit the Product(s) and a signed Attachment C, Final Closeout Form acceptable to DLCD on digital media to the Grant Manager and the Grants Administrative Specialist listed in Attachment B, DLCD Contact Information no later than May 31, 2020. Department of Land Conservation and Development Page 16 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Budget Summary Task 1 —Kickoff $4,380 Task 2—Housing Needs Production $6,920 Task 3 —Buildable Lands Inventory $7,700 Task 4—Residential Lands Needs Analysis $10,000 Task 5 —Legislative Recommendations Report $10,000 Task 6—Plan Adoption $3,000 TOTAL $42,000 Department of Land Conservation and Development Page 17 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Attachment B DLCD TA Grant Agreement Contact Information For questions regarding your grant,please contact: Grant Manager: Anne Debbaut Portland Regional Solution Center 1600 SW Fourth Avenue, Suite 109 Portland, Oregon 97201 Office: 503-725-2182 Mobile: 503-804-0902 E-mail: anne.debbaut(&,,state.or.us Housing Team Support Staff: Sean Edging 635 Capitol Street N.E., Suite 150 Salem, OR 97301 Office: 503-934-0035 Email: sean.edging(a,state.or.us OR Grant Program Manager: Gordon Howard DLCD Salem Office 635 Capitol Street N.E., Suite 150 Salem, Oregon 97301-2540 Office: 503-934-0034 E-mail: gordon.howard&state.or.us Payment requests should be sent to: Grants Administrative Specialist Angela Williamson DLCD Salem Office 635 Capitol Street N.E., Suite 150 Salem, Oregon 97301-2540 Office: 503-934-0054 E-mail: DLCD.GFGrant&state.or.us Department of Land Conservation and Development Page 18 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Attachment C Department of Land Conservation and Development (DLCD) 2019-2021 Request for Interim Reimbursement / Final Closeout Grantee Name Grant No.assigned by DLCD Final Payment City of Tigard TA-21-244 Yes No Grant Agreement Start Date Grant Agreement Close Date Period covered by this Payment Period covered by this Payment From: Execution To: May 31,2021 From: To: DLCD Grant Expenditures DLCD Grant Expenditures DLCD Grant Expenditures DLCD Grant Expenditures Transactions Previously Reported This Payment Cumulative 1. Salaries and Benefits 2. Supplies and services 3. Contracts (see instructions) 4. Other (provide list&explain) 5. Total (add lines 1-4) Local Contributions (if applicable) 6. Salaries and Benefits 7. Supplies and services 8. Contracts 9. Other 10. Total (add lines 6-9) 11. Payment requested(from DO NOT WRITE IN DO NOT WRITE IN line 5) THIS SPACE THIS SPACE 12. Certification: I certify to the best of my knowledge and belief that this report is correct and complete and that all expenditures are for the purposes set forth in the award document.I further certify that all records are available upon request,and the financial records will be retained for six years after the final payment. 13.Typed or Printed Name and Title 14.Address where payment is to be sent 15. Signature of Authorized Certifying Official 16.Date Payment Submitted Do Not Write Below This Line FOR DLCD USE ONLY Do Not Write Below This Line DLCD CERTIFICATION I certify as a representative of the Department of Land Conservation and Development(DLCD),that the Grantee: Has met the terms and conditions of the grant and that payment in the amount of$ should be issued Has not met the terms and conditions of the grant for the reasons stated on the attached sheet,and payment in the amount of $ should be issued. Signature of DLCD Grant Manager Date Signature of DLCD Program Manager Date BATCH# DATE VOUCHER# DATE PCA# OBJECT# VENDOR# AMOUNT Department of Land Conservation and Development Page 19 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Attachment C— Instructions Department of Land Conservation and Development 2019-2021 Planning Technical Assistance Grant Agreement Interim Reimbursement and Closeout Form Instructions General and line-by-line instructions for completing the Request for Interim Reimbursement/Final Closeout form are provided herein. General Instructions and Reminders • This form may be completed by hand or typed on paper or completed in Microsoft Word. If you need a Word file,please contact the Grants Administrative Specialist at DLCD.GFGrantkstate.or.us. In any case, submit the form with the grant Product(s) electronically, as called for in the Agreement. • This form is used for all reimbursement requests—interim or final. • It is important that you retain documentation of expenditures as provided in paragraph 16 of the Agreement, which provides that records be maintained for at least six years after the final payment has been received by the grantee. • Interim and final reimbursement requests must not include work performed prior to the Effective Date of this Agreement(generally the date the Agreement is signed by DLCD) and not after the Closing Date of this Agreement. Completing the Form Please show total actual expenditures only of DLCD grant award and local contributions. First row: DLCD will complete the Grantee Name and Grant Number. In the Final Payment box, highlight or circle "No" for interim payments and"Yes" for final closeouts. Second row: DLCD will complete Agreement start and close dates. Complete the "Period covered by this payment"The form includes separate boxes for"from" and"to."Please complete both. These dates must accurately depict the dates the work for the reimbursable expenditure was incurred. If there are any applicable limits on these dates, they will be provided in the payment descriptions in the "Schedule, Products, and Budget" section of the Agreement. The next section of the form includes columns for itemizing each expense category: • "DLCD Grant Expenditures, Previous Reported" column-- should be blank if the submission is Payment 1. If the request is for a second or later interim payment or final closeout, enter the sum of previous payments in this "Previously Reported" column. • "DLCD Grant Expenditures, This Payment" column—captures and identifies expenditures for the products that are currently being submitted for review and payment. • "DLCD Grant Expenditures, Cumulative" column—simply the total of the two previous columns. • "DLCD Grant Expenditures, Transactions"—Complete items 1-4 as applicable and item 5, total in the "Previously Reported" column if applicable and in the `This Payment" column. Complete previous and current local contributions in items 6-9 and the total on line 10 if applicable. Local contribution does not include expenses reimbursed by the grant. It is included to provide DLCD with accurate information regarding the cost of projects and/or products completed in compliance with this grant. This category includes both in-kind and cash contributions. o 1. Salary and Benefits includes the grantee's staff time, including Other Personnel Expenses. Receipts are not required with this report submission. Department of Land Conservation and Development Page 20 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 0 2. Supplies and Services include allowable grantee supplies used for completion of grant products. Receipts are not required with this report submission. 0 3. Contracts include consultants, attorneys, and any company or individual hired by the grantee to conduct grant work. This category does not include employees of the grantee, but rather an individual or entity that invoices the grantee for services rendered. Information required for the closeout report includes name, address, phone number, and e-mail address of the payee. If there are multiple entities, please provide the amount of grant funds allocated for the reimbursement of each. 0 4. Other-Provide a brief explanation and cost breakdown for amounts listed as "Other."Receipts are not required. Note: Grantee travel expenses are not eligible for reimbursement. 0 5. Totals— Sum the categories of grant expenditures in the Previously Reported, This Payment, and Cumulative columns. The Total payments at closeout cannot exceed the maximum amount in paragraph 3 of the Agreement. • Re-enter the payment request from line 5 "DLCD Grant Expenditures This Payment"on line 11. Certification: Be sure to read and understand the information in item 12 prior to signing the form. • A legible name and title is required in cell 13. • A mailing address, including city and zip code, where payment should be sent must be provided in cell 14. • The signature under"Signature of Authorized Certifying Official"must be of the person taking responsibility for the accuracy of the information contained in the form. Before a payment can be issued, all grant products, required documentation, and the signed reimbursement request form must be received, accepted, and reviewed by the grant manager and grant program manager, subject to the requirements contained in the Agreement. Please follow the payment schedule as identified in the Grant Agreement when submitting a request for payment or closeout. A signed cover letter, completed and signed reimbursement request form, and completed Products can be submitted in one of the following ways: (1) the preferred method—an e-mail with PDF files sent to the Grants Administrative Specialist at DLCD.GFGrant(d),state.or.us, or(2) via the DLCD FTP site (contact the Grants Administrative Specialist for instructions at 503-934-0054) or(3) a CD or DVD mailed to the address for the Grants Administrative Specialist in Attachment B of the Agreement. If none of these options are possible, mail the relevant documents to: Grants Administrative Specialist Department of Land Conservation and Development 635 Capitol St. NE Suite 150 Salem, OR 97301 Department of Land Conservation and Development Page 21 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Attachment D NOTICE OF A PROPOSED CHANGE FOR DLCD USE TO A COMPREHENSIVE PLAN OR File No.: LAND USE REGULATION Received: DLCD FORM 1 Local governments are required to send notice of a proposed change to a comprehensive plan or land use regulation at least 35 days before the first evidentiary hearing. (See OAR 660-018-0020 for a post-acknowledgment plan amendment and OAR 660-025-0080 for a periodic review task). The rules require that the notice include a completed copy of this form. Jurisdiction: Grant No.: Local file no.: Please check the type of change that best describes the proposal: ❑ Urban growth boundary(UGB) amendment including more than 50 acres,by a city with a population greater than 2,500 within the UGB ❑ UGB amendment over 100 acres by a metropolitan service district ❑ Urban reserve designation,or amendment including over 50 acres,by a city with a population greater than 2,500 within the UGB ❑ Periodic review task—Task no.: ❑ Any other change to a comp plan or land use regulation(e.g., a post-acknowledgement plan amendment) Local contact person(name and title): Phone: E-mail: Street address: City: Zip: Briefly summarize the proposal in plain language. Please identify all chapters of the plan or code proposed for amendment(maximum 500 characters): Date of first evidentiary hearing: Date of final hearing: ❑ This is a revision to a previously submitted notice. Date of previous submittal: Check all that apply: ❑ Comprehensive Plan text amendment(s) ❑ Comprehensive Plan map amendment(s)— Change from to Change from to ❑ New or amended land use regulation ❑ Zoning map amendment(s)— Change from to Change from to ❑ An exception to a statewide planning goal is proposed—goal(s) subject to exception: ❑ Acres affected by map amendment: Location of property, if applicable (site address and T, R, Sec., TL): List affected state or federal agencies, local governments and special districts: Department of Land Conservation and Development Page 22 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 NOTICE OF A PROPOSED CHANGE - SUBMITTAL INSTRUCTIONS 1. Except under certain circumstances,) proposed Include this Form 1 as the first pages of a combined amendments must be submitted to DLCD's Salem file or as a separate file. office at least 35 days before the first evidentiary 5. File format: When submitting a Notice of a hearing on the proposal. The 35 days begins the day of Proposed Change via e-mail or FTP, or on a digital the postmark if mailed, or, if submitted by means other disc, attach all materials in one of the following than US Postal Service, on the day DLCD receives the formats: Adobe .pdf(preferred); Microsoft Office (for proposal in its Salem office. DLCD will not confirm example,Word .doc or docx or Excel .xls or xlsx); or receipt of a Notice of a Proposed Change unless ESRI .mxd, .gdb, or .mpk. For other file formats, requested. please contact the plan amendment specialist at 503- 2. A Notice of a Proposed Change must be submitted 934-0000 or plan.amendmentskstate.or.us. by a local government(city, county, or metropolitan 6. Text: Submittal of a Notice of a Proposed Change service district). DLCD will not accept a Notice of a for a comprehensive plan or land use regulation text Proposed Change submitted by an individual or private amendment must include the text of the amendment firm or organization. and any other information necessary to advise DLCD 3. Hard-copy submittal: When submitting a Notice of the effect of the proposal. "Text"means the specific of a Proposed Change on paper, via the US Postal language proposed to be amended, added to, or deleted Service or hand-delivery,print a completed copy of from the currently acknowledged plan or land use this Form 1 on light green paper if available. Submit regulation. A general description of the proposal is not one copy of the proposed change, including this form adequate. The notice may be deemed incomplete and other required materials to: without this documentation. Attention: Plan Amendment Specialist 7. Staff report: Attach any staff report on the Dept. of Land Conservation and Development proposed change or information that describes when 635 Capitol Street NE, Suite 150 the staff report will be available and how a copy may Salem, OR 97301-2540 be obtained. This form is available here: 8. Local hearing notice: Attach the notice or a draft http://www.oregon.gov/LCD/CPU/Pages/Plan- of the notice required under ORS 197.763 regarding a Amendments.aspx quasi-judicial land use hearing, if applicable. 4. Electronic submittals of up to 20MB may be sent 9. Maps: Submittal of a proposed map amendment via e-mail. Address e-mails to plan.amendments& must include a map of the affected area showing state.or.us with the subject line "Notice of Proposed existing and proposed plan and zone designations. A Amendment." paper map must be legible if printed on 8%a"x 11" Submittals may also be uploaded to DLCD's FTP site paper. Include text regarding background,justification at http://www.oregon.gov/LCD/CPU/Pages/PAPA- for the change, and the application if there was one Submittals.aspx. accepted by the local government. A map by itself is E-mails with attachments that exceed 20MB will not be not a complete notice. received, and therefore FTP must be used for these 10. Goal exceptions: Submittal of proposed electronic submittals. The FTP site must be used for amendments that involve a goal exception must include all.zip files regardless of size. The maximum file size the proposed language of the exception. for uploading via FTP is 150MB. 1660-018-0022 provides: (1)When a local government determines that no goals,commission rules,or land use statutes apply to a particular proposed change, the notice of a proposed change is not required[a notice of adoption is still required,however];and (2)If a local government determines that emergency circumstances beyond the control of the local government require expedited review such that the local government cannot submit the proposed change consistent with the 35-day deadline,the local government may submit the proposed change to the department as soon as practicable. The submittal must include a description of the emergency circumstances. Department of Land Conservation and Development Page 23 of 27 2019-20211-113 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 If you have any questions or would like assistance,please contact your DLCD regional representative or the DLCD Salem office at 503-934-0000 or e-mail plan.amendmentskstate.or.us. Notice checklist. Include all that apply: ❑ Completed Form 1 ❑ The text of the amendment(e.g., plan or code text changes, exception findings,justification for change) ❑ Any staff report on the proposed change or information that describes when the staff report will be available and how a copy may be obtained ❑ A map of the affected area showing existing and proposed plan and zone designations ❑ A copy of the notice or a draft of the notice regarding a quasi-judicial land use hearing, if applicable ❑ Any other information necessary to advise DLCD of the effect of the proposal Department of Land Conservation and Development Page 24 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 Attachment E NOTICE OF ADOPTED CHANGE FOR DLCD USE TO A COMPREHENSIVE PLAN OR File No.: 66 LAND USE REGULATION Received: DLCD FORM 2 Local governments are required to send notice of an adopted change to a comprehensive plan or land use regulation no more than 20 days after the adoption. (See OAR 660-018-0040). The rules require that the notice include a completed copy of this form. This notice form is not for submittal of a completed periodic review task or a plan amendment reviewed in the manner of periodic review.Use Form 4 for an adopted urban growth boundary including over 50 acres by a city with a population greater than 2,500 within the UGB or an urban growth boundary amendment over 100 acres adopted by a metropolitan service district. Use Form 5 for an adopted urban reserve designation, or amendment to add over 50 acres,by a city with a population greater than 2,500 within the UGB. Use Form 6 with submittal of an adopted periodic review task. Jurisdiction: Grant No. Local file no.: Date of adoption: Date sent: Was Notice of a Proposed Change (Form 1) submitted to DLCD? ❑ Yes: Date (use the date of last revision if a revised Form lwas submitted): ❑ No Is the adopted change different from what was described in the Notice of Proposed Change? ❑ Yes ❑ No If yes, describe how the adoption differs from the proposal: Local contact(name and title): Phone: E-mail: Street address: City: Zip: PLEASE COMPLETE ALL OF THE FOLLOWING SECTIONS THAT APPLY For a change to comprehensive plan text: Identify the sections of the plan that were added or amended and which statewide planning goals those sections implement, if any: For a change to a comprehensive plan may: Identify the former and new map designations and the area affected: Change from to acres. ❑ A goal exception was required for this change. Change from to acres. ❑ A goal exception was required for this change. Change from to acres. ❑ A goal exception was required for this change. Change from to acres. ❑ A goal exception was required for this change. Location of affected property(T, R, Sec., TL and address): ❑ The subject property is entirely within an urban growth boundary ❑ The subject property is partially within an urban growth boundary Department of Land Conservation and Development Page 25 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 If the comprehensive plan map change is a UGB amendment including less than 50 acres and/or by a city with a population less than 2,500 in the urban area, indicate the number of acres of the former rural plan designation,by type, included in the boundary. Exclusive Farm Use—Acres: Non-resource—Acres: Forest—Acres: Marginal Lands—Acres: Rural Residential—Acres: Natural Resource/Coastal/Open Space—Acres: Rural Commercial or Industrial—Acres: Other: —Acres: If the comprehensive plan map change is an urban reserve amendment including less than 50 acres, or establishment or amendment of an urban reserve by a city with a population less than 2,500 in the urban area, indicate the number of acres,by plan designation, included in the boundary. Exclusive Farm Use—Acres: Non-resource—Acres: Forest—Acres: Marginal Lands—Acres: Rural Residential—Acres: Natural Resource/Coastal/Open Space—Acres: Rural Commercial or Industrial—Acres: Other: —Acres: For a change to the text of an ordinance or code: Identify the sections of the ordinance or code that were added or amended by title and number: For a change to a zoning may: Identify the former and new base zone designations and the area affected: Change from to . Acres: Change from to . Acres: Change from to . Acres: Change from to . Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: . Acres added: . Acres removed: Location of affected property(T, R, Sec., TL and address): List affected state or federal agencies, local governments and special districts: Identify supplemental information that is included because it may be useful to inform DLCD or members of the public of the effect of the actual change that has been submitted with this Notice of Adopted Change, if any. If the submittal, including supplementary materials, exceeds 100 pages, include a summary of the amendment briefly describing its purpose and requirements. Department of Land Conservation and Development Page 26 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 NOTICE OF ADOPTED CHANGE - SUBMITTAL INSTRUCTIONS 1. A Notice of Adopted Change must be received by E-mails with attachments that exceed 20MB will DLCD no later than 20 days after the ordinance(s) not be received, and therefore FTP must be used for implementing the change has been signed by the these electronic submittals. The FTP site must be public official designated by the jurisdiction to sign used for all .zip files regardless of size. The the approved ordinance(s) as provided in maximum file size for uploading via FTP is ORS 197.615 and OAR 660-018-0040. 150MB. 2. A Notice of Adopted Change must be submitted Include this Form 2 as the first pages of a combined by a local government(city, county, or metropolitan file or as a separate file. service district). DLCD will not accept a Notice of 5. File format: When submitting a Notice of Adopted Change submitted by an individual or Adopted Change via e-mail or FTP, or on a digital private firm or organization. disc, attach all materials in one of the following 3. Hard-copy submittal: When submitting a formats: Adobe .pdf(preferred); Microsoft Office Notice of Adopted Change on paper, via the US (for example, Word .doc or docx or Excel .xls or Postal Service or hand-delivery, print a completed xlsx); or ESRI .mxd, .gdb, or. mpk. For other file copy of this Form 2 on light green paper if formats, please contact the plan amendment available. Submit one copy of the proposed change, specialist at 503-934-0017 or including this form and other required materials to: plan.amendmentskstate.or.us. Attention: Plan Amendment Specialist 6. Content: An administrative rule lists required Dept. of Land Conservation and Development content of a submittal of an adopted change (OAR 635 Capitol Street NE, Suite 150 660-018-0040(3)). By completing this form and Salem, OR 97301-2540 including the materials listed in the checklist below, This form is available here: the notice will include the required contents. hqp://www.oregon.gov/LCD/fonns.shtml Where the amendments or new land use regulations, 4. Electronic submittals of up to 20MB may be including supplementary materials, exceed 100 sent via e-mail. Address e-mails to pages, include a summary of the amendment briefly plan.amendmentsk state.or.us with the subject line describing its purpose and requirements. "Notice of Adopted Amendment." 7. Remember to notify persons who participated in Submittals may also be uploaded to DLCD's FTP the local proceedings and requested notice of the site at http://www.oregon.gov/LCD/Pages/papa_ final decision. (ORS 197.615) submittal.aspx. If you have any questions or would like assistance,please contact your DLCD regional representative or the DLCD Salem office at 503-934-0000 or e-mail plan.amendmentskstate.or.us. Notice checklist. Include all that apply: ❑ Completed Form 2 ❑ A copy of the final decision(including the signed ordinance(s)). This must include city and county decisions for UGB and urban reserve adoptions ❑ The findings and the text of the change to the comprehensive plan or land use regulation ❑ If a comprehensive plan map or zoning map is created or altered by the proposed change: ❑ A map showing the area changed and applicable designations, and ❑ Electronic files containing geospatial data showing the area changed, as specified in OAR 660-018-0040(5), if applicable ❑ Any supplemental information that may be useful to inform DLCD or members of the public of the effect of the actual change Department of Land Conservation and Development Page 27 of 27 2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-244 FJ' . . { Uregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 r 5' Kate Browii,Governor Salem,Oregon 97301-2540 Phone: 503-373-0050 Fax: 503-378-5518 July 9, 2020 www.oregon.gov/LCD r� Schuyler Warren, Senior Planner ' City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 SENT VIA E-MAIL Re: Signed City of Tigard Grant Agreement, Grant Number TA-21-244 Dear Schuyler, The executed grant agreement for your City of Tigard HB 2003 Housing Needs Analysis project is attached. Project costs are eligible for reimbursement with grant funds as of July 9, 2020. Please contact Anne Debbaut, DLCD Grant Manager at 503-725-2182 or anne.debbautkstate.or.us with questions or information regarding completion of the project. If you have questions regarding the submittal or payment, please contact Angela Williamson, Grants Administrative Specialist at 503-934-0054 or DLCD.GFGrant(astate.or.us. All product and payment requests should be submitted to both the Salem office and the DLCD grant manager. If a payment request is provided to the grant manager only, payment may be delayed. Yours truly, Angela Williamson Grants Administrative Specialist Enclosure: signed grant agreement cc: Anne Debbaut, DLCD Regional Representative Sean Edging, Housing Team Support Staff Gordon Howard, Community Services Division Manager