State of Oregon - DCLD ~ IG203005 ~ HB 2003 Housing Strategy Implementation Plan 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-21-245
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Project Title:
HB 2003 Housing Strategy Implementation Plan
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: $18,000 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: Housing Market Analysis
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
2019-2021 HB 2001 &HB 2003 PLANNING ASSISTANCE GRANT
AGREEMENT
DLCD Grant Number: TA-21-245 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: Project Description and Budget
Attachment B: DLCD Contact Names and Addresses
Attachment C: Request for Product Reimbursement Form and Instructions
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
$18,000 (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.
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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
other administrative agency or any provision of Grantee's organizational documents, (3) do not
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2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
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 I I 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
required to deliver to DLCD or create pursuant to the Project, including but not limited to
any Product(s) described in Attachment A.
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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
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
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written demand. Grantee shall return all Unexpended Funds to DLCD within fifteen (l 5) 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
to this Agreement, whichever date is later. Accounting records related to this Agreement will be
separately maintained from other accounting records.
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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.
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Grantee: City of Tigard Grant No.TA-21-245
Print Name of Authorized Official For the Grantee Title Date
Martha 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
Signature of DLCD Grant Program Manager 7/9/2020
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Attachment A
HOUSING NEEDS ANALYSIS PROJECT DESCRIPTION AND BUDGET
PROJECT PURPOSE STATEMENT
The City of Tigard will conduct a Housing Market Analysis (Prototype Housing Production Strategy)
to supplement 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 HSIP 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 HSIP
products will be part of the CAC's responsibilities during one or more meetings.
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Agency Role
DLCD will provide financial, administrative and technical assistance to the Project. DLCD supports
the collaborative, regional 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. DLCD recognizes the
Missing Middle Market Analysis will inform,but will not bind, future land use decisions of the
cooperating jurisdictions.
Consultant Role
The Project will use consultant services to perform technical analysis related to a Housing Market
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 memorandum prepared by the consultant shall be provided to Grantee in
digital format at least one week prior to any scheduled TAC 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.
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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. 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 draft product(e.g., ordinances, maps, websites, databases, supporting documents, and
photographs) shall be a hearings-ready draft.
11. 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.
12. 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.
13. 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.
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14. Grantee will consult with the DLCD Grant Manager in the development of Products and provide an
opportunity for timely review of all draft Products.
15. 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.
16. 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.
17. 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.
18. 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).
19. 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
20. 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).
21.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.
22. 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.
23. 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.
Department of Land Conservation and Development Page 11 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
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: Housing Markey Analysis
Corollary to the Housing Needs Projection, and in close consultation with both DLCD and the city, the
consultant will prepare a draft Housing Market Analysis using the methodology defined as part of Task
1 to answer the key questions defined in the project scope. The Housing Market Analysis will begin in
tandem with the Housing Needs Projection as described in Task 2 and will carry through much of the
project. Preliminary results from this task will be presented to the Community Advisory Committee in
the first meeting and will inform the approach to final refinement of the Housing Needs Projection. In
turn, the Community Advisory Committee will also inform the Housing Market Analysis. The
methodology for conducting the Housing Market Analysis will be developed in consultation with the
consultant, and is likely to include a variety of methods, including a survey of Tigard-area residents
and workers; the Community Advisory Committee will actively participate in the development of the
survey.
Because of the complexity of the new multi-variate housing environment in the city, this project
element is an extension of, and essential part of the Housing Needs Projection. The City of Tigard has
been a statewide leader in the adoption of housing reform. While this has helped to drive early
adoption of missing middle in a few cases, little market demand information is available to inform
projections using conventional methods. We know anecdotally that some small developers are
interested in pursuing small unit development, and that William Taylor homes, the developer of most
housing in River Terrace, but we have little else to inform projected demand and supply needs for the
coming decade in greenfield, infill, and redevelopment applications. Therefore, this project element
will become a critical element in projecting the demand for and needed distribution of housing types,
sizes, costs, and tenures.
Task 1 Products:
Consultant Deliverables:
• Draft Housing Market Analysis
City Deliverables:
• Organize and convene Community Advisory Committee
• Meeting notices and agendas
Task I Timeline: July 15 to December 15, 2020
Task I budget: $18,000
Department of Land Conservation and Development Page 12 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
Final Payment
Reimbursement of up to $18,000 and the balance of previously unused grant funds from P 1 upon
submittal of Product(s) listed in Task 1. 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.
Budget Summary
Task 1 —Housing Market Analysis $18,000
TOTAL $18,000
Department of Land Conservation and Development Page 13 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
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:
Samuel Garcia
635 Capitol Street N.E., Suite 150
Salem, OR 97301
Office: 503-934-0617
Email: samuel. ag rcia(cstate.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.howardkstate.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(kstate.or.us
Department of Land Conservation and Development Page 14 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
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-21-245 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 15 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
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 16 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
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 17 of 17
2019-2021 HB 2001 &HB 2003 Grant Agreement—City of Tigard TA-21-245
F' Yegorl Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
' Katc Brown,Governor 635
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-21-245
Dear Schuyler,
The executed grant agreement for your City of Tigard HB 2003 Housing Strategy
Implementation Plan 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.debbautgstate.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&state.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
Samuel Garcia, Housing Team Support Staff
Gordon Howard, Community Services Division Manager